Terms of Use for SoftBank Wi-Fi Spot (Free) (W-NEXCO_Free_Wi-Fi)

Chapter 1 General Provisions

Article 1 (Application of these Terms of Use)

1. In connection with the use of the Service provided by SoftBank Corp. (hereinafter the "Company") in the Managed Area, these Terms of Use shall apply to the Company, Facility Manager, Applicants, and Users.
2. The Company may modify the Terms of Use by notifying Users through a method predetermined by the Company, provided that the Service shall be provided in accordance with the modified Terms of Use.

Article 2 (Definition of Terms)

In these Terms of Use, the following terms are used with each of the following meanings.

1. (1) "Service" means a telecommunications service provided in the Coverage Area pursuant to these Terms of Use accessed over an Internet connection with a Wireless LAN Device.
2. (2) "Service Agreement" means an agreement that needs to be made in order to use the Service.
3. (3) "Facility Manager" means the person specified in Exhibit 1.
4. (4) "Applicant" means a person who submitted a Service Agreement application to the Company.
5. (5) "User" means one of the Applicants who entered into a Service Agreement with the Company.
6. (6) "Managed Area" means the facilities or premises managed by the Facility Manager.
7. (7) "Coverage Area" means the reach of the radio signal identified by the SSID specified in Exhibit 2 from Wireless Base Station Equipment.
8. (8) "Wireless Base Station Equipment" means the exchange equipment (including equipment connected to the exchange equipment) installed in the Managed Area in order to accommodate Radio Links.
9. (9) "Installation Site of Wireless Base Station Equipment" means where Wireless Base Station Equipment is installed.
10. (10) "Wireless LAN Device" means the antenna and radio transmitter / receiver of the User used in the Coverage Area and that has functions for communicating with the Company's Wireless Base Station Equipment.
11. (11) "Radio Link" means a telecommunications line installed between Wireless Base Station Equipment and a Wireless LAN Device.
12. (12) "Telecommunications Service" means transmitting the communication of others using telecommunications facilities or providing telecommunications facilities for the communication of others.
13. (13) "License" means the right to use the Service.
14. (14) "ID & PW" means the user ID and password given by the Company to a User of the Service.

Chapter 2 Service Agreement

Article 3 (Unit of Service Agreement)

The Company shall enter into one Service Agreement for each Applicant. In this case, the number of Users who are able to use the Service under one Service Agreement is limited to one.

Article 4 (Method of Application)

Any person who wishes to use the Service shall, on his/her own, submit a Service Agreement application and request the granting of a License in the manner specified by the Company.

Article 5 (Qualifications and Conditions of Application and Conclusion of the Service Agreement)

1. The Company shall accept the Service Agreement application only if it passes the examination of the Company and the Service Agreement is concluded when the application is accepted.
2. If the Service Agreement is concluded, the Company shall grant an ID & PW to the User.

Article 6 (Grant of License)

1. The Company shall consider that the User has agreed with the then-effective Terms of Use and made a request to the Company for granting of a License when:
1. (1) The Service Agreement is concluded; or
2. (2) The User requests authentication in relation to the Service by using his/her ID & PW.
2. If the request for granting of License pursuant to the preceding paragraph is accepted by the Company, the Company shall grant the License to the User.
3. The Company shall, as set forth in the preceding paragraph, accept up to three requests a day per user ID.

Article 7 (Prohibition of Transfer of Rights under the Service Agreement)

The User's right to receive the offering of the Service under the Service Agreement shall not be transferred.

Chapter 3 Offering of the Service

Article 8 (Area in which the Service is provided)

1. The Company will provide this Service in the Coverage Area.
2. The User agrees in advance that the Coverage Area may change due to additions or deletions and the Company shall not bear any responsibility for any changes with respect to the Coverage Area.
3. The provision of paragraph 1 does not guarantee that the Service will always be available in the Coverage Area.

Article 9 (Inquires from Users)

Any questions, inquiries, complaints or other issues arising from the Service shall be received at the contact point run by the Facility Manager specified in Exhibit 1.

Article 10 (Communications)

In the Service, communications shall be available through an interface defined by the Company for each Installation Site of Wireless Base Station Equipment among interfaces that are compliant with IEEE802.11a, IEEE802.11b, IEEE802.11g or IEEE802.11n, provided, however, that the Company does not guarantee the code transmission rate set forth in each interface.

Article 11 (Limitation by Radio Link)

In this Service, the User consents to the possibility of situations in which the transmission rate of radio communication may decrease or fluctuate, situations in which a code error may occur, and situations in which this Service is not available at all for the following reasons;

1. (1) distance of line from the radio link and the condition of Wireless Base Station Equipment
2. (2) radio disturbances or radio interference etc. caused by signal leakage from telecommunications circuit facilities of other telecommunications services
3. (3) radio disturbances or radio interference caused etc. due to the occurrence of electromagnetic waves from electronic products and specialized medical equipment
4. (4) radio interference caused by shielding
5. (5) events equivalent to any of the preceding items

Article 12 (Restrictions on Use)

1. Due to unavoidable technical reasons etc., the Company may inspect the Wireless Base Station Equipment or relocate, expand, or reduce all or part of the Wireless Base Station Equipment without prior notice. In such cases, the Company may no longer be able to provide the Service even in the Coverage Area.
2. Because there is only a limited number of possible concurrent connections for the Wireless Base Station Equipment, when the maximum number of concurrent connections has been exceeded, including when the Equipment is in use by third parties such as other Users, the Service will become unavailable. In addition, the maximum number of concurrent connections may differ depending on the usage situation of third parties who are connected at the same time.
3. If the address of the information the User is trying to browse through this Service is included in the list of addresses of child pornography provided by the organization that manages and creates address lists of child pornography, other businesses affiliated with the Service may limit the viewing of such information. In addition, access to information that is determined to be child pornography and to which access is limited by other businesses may be limited in this Service by the Company.
4. Depending on the type of Wireless LAN Device, the Company may not be able to provide this Service in some parts of the Coverage Area.
5. The Company may limit communication relating to a particular software or communication protocol separately determined by the Company when the User communicates using this Service.
6. The Company may gather, analyze and store information that is necessary for the limitation of communication prescribed in this Article.
7. Simultaneous multiple connections by a single user ID are not allowed.
8. If an act of God, accident, or other emergency occurs or if there is a risk of such events and the Company deems it necessary to deal with on a priority basis, the communication necessary for disaster prevention, rescue, transportation, communication, securing the supply of power, or maintaining of order and communication for which the content is a matter of urgency for the benefit of the public, the Company may take measures with respect to communication using a radio links to stop the use of communication by anything other than the radio links that are located in the institutions listed in Exhibit 3 (this is limited to radio links determined by the Company through discussion with such institutions).
9. In addition to the provisions of the preceding paragraphs, the availability of the Service may be restricted at the discretion of the Facility Manager.

Article 13 (Notification)

1. The Company may distribute information related to the Service to the mail address that the User registered at the time of application for the Service Agreement (information is free of charge; communication fee is dependent on the communication environment of the User).

Article 14 (Discontinuation)

The Company may, at any time in the future, decide to discontinue the Service for its own convenience.

Chapter 4 Fee for Use etc.

Article 15 (Fee for Use, etc.)

The Service shall be available free of charge.

Article 16 (License)

The License shall be effective 15 minutes after the license is granted to a User pursuant to Paragraph 2 of Article 6.

Chapter 5 the User's Responsibility

Article 17 (Use of the Service)

1. The User shall accept full responsibility for the use of the Service and the result of such use. In the unlikely event that another User or a third party files a claim, litigation or other dispute against the Company that is relating to, or resulting from, use of this Service by the User, the User shall resolve such dispute at his/her own cost and responsibility and compensate the Company for damages if there is a financial burden to the Company.
2. The availability of the Service may be restricted depending on the business days, business hours or the like of the Installation Site of Wireless Base Station Equipment. The Service shall not be used elsewhere than in the Managed Area.

Article 18 (Management of ID & PW)

1. A User shall be responsible for managing his/her ID & PW.
2. Once use of this Service is started using the ID & PW, the subsequent series of communications until logout are deemed as the communication of the User to whom the ID & PW is provided.
3. The Company is not responsible for damages caused by misuse or use by a third party of the ID & PW, provided however, that this shall not apply in cases where there is willful intent or gross negligence by the Company.
4. Transferring, changing or loaning the ID & PW is not allowed.

Article 19 (Prohibition)

The User shall not perform any of the acts specified in Exhibit 4 in relation to use of the Service.

Article 20 (Management of Wireless LAN Device)

1. The User shall maintain the Wireless LAN Device necessary for accessing the Service at his/her own cost and responsibility.
2. In view of the fact the Service uses a radio link in a public place, the User shall give his/her full attention including but not limited to implementing appropriate security measures for the Wireless LAN Device at his/her own cost and responsibility.
3. In case the User is not able to use the Service or incurs damage by a third party, the Company shall not bear any responsibility or respond to any claim for return or reduction of the fee.

Article 21 (Changing Registration Information, etc.)

In cases where there is a change in the information a User registered at the time of application for the Service Agreement, the User shall promptly notify the Company of such change in the manner prescribed by the Company.

Chapter 6 Suspension of Service

Article 22 (Suspension of Availability of Service Caused by User)

The Company may suspend the availability of the Service if:

1. (1) The User does not pay the fee or other obligation (not limited to the obligation under the Service Agreement) to the Company even after the due date,
2. (2) The User performs any act that causes, or may cause, a considerable impediment to the Company's operations or the Company's telecommunications facilities, or
3. (3) The User performs any act that may cause a considerable impediment to the Company's operations in relation to the Service or the Company's telecommunications facilities

Article 23 (Limitation of Liability)

1. If the Company did not provide the Service for reasons attributable to the Company in cases where the Company should have provided the Service, the Company shall respond to the User's claim for damages only if the situation in which the Service became unavailable throughout all of the Coverage Area (including situations in which significant hindrance arises to the Service and therefore the Service is practically not available at all. The same applies hereafter.) continues to exist for more than 24 hours from the time the Company became aware of such situation.
2. The scope of damages in the case of the preceding paragraph shall be calculated according to the time during which the Service was not available throughout all of the Coverage Area for the User (limited to multiples of 24 hours). In addition, the scope of damages set forth in the preceding paragraph shall be limited to actual and general damages to the User and the total amount shall not exceed the equivalent of fees for the time during which the Service was not available at all throughout all of the Coverage Area. The Company shall have no obligation to compensate for damages exceeding such amount under any circumstances.
3. The provisions of the preceding two paragraphs shall not apply in cases where there is willful intent or gross negligence by the Company.

Article 24 (Exemption of Liability)

1. The Company makes no warranty on any matters including but not limited to the completeness, accuracy, reliability, usability or any other item of information, etc. obtained by the User through the Service and does not assume responsibility for damage caused due to the information, etc.
2. Notwithstanding the other provisions of the Service Agreement, the Company shall not assume any liability for damages arising from acts of God, accidents, network failures of uncertain cause or other forces majeure. In addition, regardless of the presence or absence of predictability of the Company, the Company shall not be liable for damages of any kind for damage caused due to special circumstances, lost profit or indirect damages unless there is gross negligence or willful intent by the Company.
3. Even if modifications, replacement or configuration changes, etc., of a Wireless LAN Device is required due to a change in the Service Agreement, the Company shall not bear the cost of doing so.
4. In addition to the cases explicitly prescribed in the preceding Article and these Terms of Use, unless there is willful intent or gross negligence by the Company, the Company is not obligated to compensate for damage to the User, nor to reduce or return the fee.

Chapter 7 Termination of Service Agreement

Article 25 (Cancellation of Service Agreement by User)

If the User wishes to cancel the Service Agreement, the User himself shall follow the cancellation procedure in the manner specified by the Company.

Article 26 (Termination of Service Agreement)

1. If the Company knows that the User no longer meets the acceptance requirements of the application for the Service Agreement determined by the Company, the Service Agreement shall automatically terminate without any indication of intent by the Company.
2. If no License is granted to a user ID for a continuous period of six months, the Service Agreement shall terminate and all the registered User information shall be automatically deleted. In this case, the User will need to apply for the Service Agreement once again in order to use the Service.
3. The provision of the preceding paragraph does not guarantee that such application will be accepted by the Company.
4. If the Service is discontinued by the Company, the Service Agreement shall automatically terminate.

Article 27 (Cancellation of Service Agreement by Company)

The Company may cancel the Service Agreement if:

1. (1) The User falls under any of the circumstances set forth in Article 22 for which the availability of Service may be suspended; or
2. (2) The User becomes in breach of these Terms of Use and such breach is deemed to particularly cause a significant problem in the performance of business by the Company in connection with the Service.

Chapter 8 Other

Article 28 (Handling of Personal Information)

The Company shall treat personal information relating to the User in accordance with our Privacy Policy posted on a our Web site set forth in Exhibit 6.

Article 29 (Maintenance Responsibility of Company)

The Company shall maintain telecommunications equipment installed by the Company in such a manner as to comply with the Rules for business telecommunications facilities (No. 30 of the Ordinance of the Ministry of Posts and Telecommunications, 1985).

Article 30 (Agreed Jurisdiction)

If there is a need for action in relation to the Service Agreement between the Company and the User, the district court with jurisdiction over the location of the head office of Company shall be the agreed upon exclusive jurisdiction of a court of first instance.

Article 31 (Applicable law)

1. This Agreement shall be governed by, and construed in accordance with, the laws of Japan.
2. The authentic text of the present Agreement, including the Terms of Use (hereafter the "Japanese version of the Agreement"), shall be in the Japanese language. Even if this Agreement and its Terms of Use are officially announced, presented, or drawn up in English or any other language (hereafter the "Non-Japanese version of the Agreement"), the Non-Japanese version of the Agreement shall have no validity whatsoever. Only the Japanese version of the Agreement has legal force

Issue date: November 22, 2013
Revised date: July 1, 2015

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