Terms of Use

Chapter 1 General

Article 1 (Applicability of Terms and Conditions of Use)
1. The following terms and conditions of use (“Terms of Use”) govern the use of Wi2 Public Wireless LAN Service (”Service”) that Wire and Wireless Co., Ltd. (“Wi2”) provides to the user (“User”).

Article 2 (Scope and Changes to Terms of Use)
1. These Terms of Use apply to Wi2 and the User in relation to the use of the Service, and Wi2 and the User agree to be bound by these Terms of Use once the service subscription set forth in Article 3 (Service Subscription) and 4 (Completion of Terms of Use) is confirmed.

2. Wi2 may revise these Terms of Use without User’s consent.

Chapter 2 Service Subscription

Article 3 (Service Subscription)
Any applicant who wishes to use the Service (“Applicant”, who will become “User” upon completion of the subscription agreement as set out in the following article) must agree to these Terms of Use before following the Service subscription procedure prescribed by Wi2. Any underage applicant is assumed to be applying for the Service with parental consent.

Article 4 (Completion of Service Subscription Agreement)
The service subscription agreement shall be concluded upon completion of the registration of the applicant who subscribe for the Service under the previous article.

Article 5 (Conditions for Use of Service)
The User shall prepare, at its own responsibility and expense, any data communication hardware and software necessary to use the Service.

Article 6 (Restriction on Assignment of User Rights)
No User may assign any of its right to use the Service to any third party.

Article 7 (Cancellation of Service by User)
Any User who wishes to cancel the Service shall inform Wi2 of such wish by the means specified by Wi2.

Chapter 3 Service

Article 8 (Service to Be Provided)
1. Wi2 provides the User with the Service in accordance with and to the extent of the provisions of these Terms of Use and the Contractual Terms and Conditions. The User shall also agree to and comply with any contracts or terms (“Other Contracts”) which may be separately set out by Wi2 or any third party in addition to these Terms of Use.

2. Wi2 may revise the content of the Service, in whole or in part.

Article 9 (Use of Third Party Information)
The User agrees that any third party providing any information for use by the User is fully responsible for such information and that Wi2 is not the provider of such information.

Article 10 (Warranty of Content of Third Party Information)
1. Wi2 does not warrant or guarantee the integrity, accuracy, certainty or usability of any products, services or information provided by any third party through the Service.

2. In no event Wi2 will be liable to any dispute between the User and any third party arising out of or in connection with the use of products, services or information provided by such party.

Article 4 Service Fees

Article 11(Fees)
Fees for the Service shall be in accordance with the Contractual Terms and Conditions set forth by Wi2.

2. Monthly fees shall be calculated at the end of every month and the User shall pay all the service charge, packet data communication charge and consumption tax (including local consumption tax) on those by credit card, electronic settlement or other means separately specified by Wi2 by the due date specified by Wi2.

3. One-time service fees shall be defined by hours of use and the User shall pay all the service charge and consumption tax(including local consumption tax) on those by credit card , electronic settlement or other means separately specified by Wi2 by the due date specified by Wi2.

Chapter 5 User’s Obligations

Article 12 (Forbidden Acts)
The user may not be engaged in any of the following activities in their use of the Service. Wi2 may disconnect the service if the User is deemed to be engaged in such activity.

(01) Any act infringing or may be infringing on the copyright or any other rights of any third party or Wi2.
(02) Any act that violating or may be violating the property or privacy of any third party or Wi2.
(03) Any other act causing or may be causing any disadvantage or damage to any third party or Wi2.
(04) Any act defaming any third party or Wi2.
(05) Any act offensive or may be offensive to public order and morals (obscene, prostitution, violent, brutal, abusive, etc.) or providing any third party with such information offensive to public order and morals.
(06) Any criminal act or other act linked to or may be linked to a criminal act.
(07) Any act involved in election campaigns or similar act during or off the campaign period.
(08) Any act of making the Service for-profit by reselling or leasing the Service.
(09) Any act of establishing or soliciting to an endless money chain (pyramid scheme).
(10) Any act of distributing advertising or soliciting email to the general public or any act of sending fraudulent or repugnant e-mails.
(11) Any act of intercepting email to any third party or Wi2 or any act of requesting chain-mail forwarding or forwarding e-mail in response to such request.
(12) Any act of spoofing in using the Service.
(13) Any act of falsifying or erasing any Wi2 or third party data accessible through the Service.
(14) Any act of using or providing harmful programs such as computer viruses through or in connection with the Service.
(15) Any act of causing troubles or disadvantages to a third party or Wi2, interfering with the Service or obstructing the operation of the service.
(16) Any act of using the Service in the form that seriously impacts the direct or indirect use by the others.
(17) Any other acts violating or may be violating any laws or regulations.
(18) Any other acts deemed to be inappropriate by Wi2.

Article 13 (Principle of Self-Responsibility)
1. The User shall be fully liable to any damages caused to Wi2 or any third party by any act of the User subject to the previous article (Forbidden Acts) including compensation even after the User is disqualified.

2. In the event the User incurs any damages or is held liable in connection to the data or files uploaded or downloaded using the Service, the User shall fulfill such damages or legal liabilities at its own responsibility and shall not make any claim or cause any trouble to Wi2.

Article 14 (Ownership)
Any and all programs, software, services, procedures, trademarks, trade names; services provided by any third party; or technologies associated with any of these shall belong to Wi2 or their providers.

Article 15 (Copyright)
1. The User may not use any information or file provided through the Service in any way beyond the extent of duplicating for personal use as defined in the copyright law without consent of the right holder.

2. The User may not have any third party use or disclose any information or file provided through the Service in any way without consent of the right holder.

3. In the event of any dispute arising out of any breach of the provisions of this article, the User shall settle such dispute at its own responsibility and expense and indemnify and hold Wi2 harmless from such dispute.

Chapter 6 Protection of Personal Information

Article 16 (Use of Personal Information)
Any personal information on applicants that comes to the knowledge of Wi2 through the application for the Service or the personal information of the User that comes to the knowledge of Wi2 through the process of their use of the Service will be treated appropriately in compliance with the corporate privacy policy. The purpose of use of such personal information shall be specified separately.
Privacy Policy

Article 17 (Cancellation and suspension of Service)
Wi2 may cancel or suspend the operation of the Service in case:

(01) any regular or emergency system maintenance or engineering work for the Service is performed or any unavoidable event such as system failure occurs;
(02) the regular provision of the Service fails due to wars, riots, unrests, industrial disputes, earthquakes, eruptions, floods, tsunami, fires, power failure or any other acts of God;
(03) Wi2 is regulated or ordered by a governmental organization to do so or other telecommunications carriers cancel or suspend the provision of the Service; or
(04) of any other reasons that Wi2 considers that temporary suspension is required for operating the Service.

2. Wi2 shall give prior notice to the User when cancelling or suspending the operation of the Service under the provision of the previous clause except in case of emergency.

3. Wi2 shall by no means be liable to any damages incurred by the User or any third party caused by the cancellation or suspension of the Service under this article.

Chapter 7 Liability

Article 18 (Liability)
Liability of the parties shall be subject to the provisions in the Contractual Terms and Conditions set forth by Wi2.

Article 19 (Indemnification)
1. Wi2 will not be held liable for any damages incurred by the User in connection with the provision of the Service.

2. Wi2 shall not warrant operation of any communications hardware or software used by the User.

Article 20 (Governing Law)
The conclusion, effect, performance and interpretation of these Terms of Use shall be governed by the laws of Japan.

Article 21 (Jurisdiction)
1. Any dispute arising out of the Service between the User and Wi2 shall be discussed mutually in good faith between the parties.

2. In the event of such dispute may not be resolved through the mutual discussion set forth above, the Tokyo District Court or the Tokyo Summary Court shall have the exclusive original jurisdiction.

Supplementary Provision
These Terms of Use shall be effective as of June 1st, 2009.

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