Earlier quoted context omitted.
I think the point is to clearly shift the moral hazard away from the provider to the user. The user may not uphold the agreement, but then they are clearly the morally wrong party.
Why not simply give the moral hazard to the user by default? If I give someone a pen and paper and they use it to write a letter ordering a terrorist attack, am I morally responsible for the attack simply because I didn't get them to agree to use it lawfully?
I agree, but in this case the German law has very clearly decided that this is not the default. And so this new law is seeking to address that.