Wi2 Public Wireless LAN Service Terms and Conditions 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 subscribes 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. 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 (Telecommunications)
The telecommunications through the Service will be provided on such interface that conforms to IEEE802.11a, IEEE802.11b, IEEE802.11g, orIEEE802.11n; provided, however, that Wi2 does not gurantee the code transmission rates as specified for such interface.

Article 10 (Restrictions on the Use of Telecommunications)
In the event that the telecommunications are materially congested where all and every telecommunications are not capable of being connected, Wi2 may take measures to suspend the use of telecommunications by those other than such users that are relevant to the following organizations and/or agencies (limiting to those specified by the Wi2 after consultation with such authorities) in order to ensure the primary use for the communications on the matter necessary to prevent or rescue from a disaster, to secure traffic, communications or power supplies, or for the maintenance of order, as well as for the communications on the matter urgently needed for public interests in the case of natural disasters, incidents or other state of emergency, or the possibilities thereof:
(1) meteorological organizations; (2) flood prevention agencies; (3) fire-fighting agencies; (4) disaster-relief agencies; (5) police agencies (including the Japan Coast Guard; the same shall apply hereinafter); (6) defense organizations; (7) organizations directly relevant to the security of transport; (8) organizations directly relevant to the security of communications; (9) organizations directly relevant to the security of power supply; (10) organizations directly relevant to the security of gas supply; (11) organizations directly relevant to the security of water supply; (12) election administration agencies; (13) organizations of newspaper publishers, broadcasters and news agencies which fall under the criteria as separately specified by Wi2; (14) financial institutions treating the banking service; and (15) national or local public authorities.
2. In the case of congestion of telecommunications, communications may not reach to the addresees.
3. Where the User makes its communication connect to wireless base station facility, and if the User has not performed any communication thereon for a certain length of time, then Wi2 will cut the connection thereof.

Article 11 (Restrictions Due to the wireless communications)
In addition to the reasons prescribed in the preceding paragraph, the following reasons may cause to the Service such situation that would bring out the deterioration or fluctuation of transmission rates for communications, that would result in code errors, or that would completely break down the Service (including the case in the situation where the communications have significantly suffered from the problem and come into a situation to the same extent that it cannot be used at all; hereinafter referred to as an "event arising out of the special characteristics of wireless communications"):
1) Distance to the User’s terminal from wireless base stations as well as the state of facilities at the wireless base station;
2) Radio disturbance and radio interference, etc. caused by signal leakage from telecommunications equipment for the other telecommunications service;
3) Radio disturbance and radio interference, etc. caused by the occurrence of electromagnetic waves, etc., from electric products and specialized medical equipment, etc.;
4) Radio disturbance by shieldings;
5) Malfunction of mobile wireless devices of the User.

2. Wi2 may make maintenence or relocate, extend or reduce all or a part of the wireless base station facilities (hereinafter referred to as "relocation, etc.") without prior notice for unavoidable reasons in technology. In such a case, the communications may not be established even in service areas.

Article 12 (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 13 (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.

Chapter 4 Service Charges

Article 14 (Charges) The charges for the Service shall be separately determined by Wi2.
(Note) The service charges are placed on this Website.

2. The User shall pay Wi2 the charge with the amount equivalent to the consumption tax therefor (including the local consumption tax) by the date specified by Wi2 by way of credit card or electronic money settlement or other method otherwise designated by Wi2.

Chapter 5 User’s Obligations

Article 15 (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.

  1. Any act infringing or may be infringing on the copyright or any other rights of any third party or Wi2.
  2. Any act that violating or may be violating the property or privacy of any third party or Wi2.
  3. Any other act causing or may be causing any disadvantage or damage to any third party or Wi2.
  4. Any act defaming any third party or Wi2.
  5. 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.
  6. Any criminal act or other act linked to or may be linked to a criminal act.
  7. Any act involved in election campaigns or similar act during or off the campaign period.
  8. Any act of making the Service for-profit by reselling or leasing the Service.
  9. 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 16 (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 17 (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 18 (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 19 (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 20 (Cancellation and suspension of Service)
Wi2 may cancel or suspend the operation of the Service in case:

1) any regular or emergency system maintenance or engineering work for the Service is performed or any unavoidable event such as system failure occurs;
2) 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;
3) 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

4) 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

If Wi2 has not provided the Service which should have been provided due to any grounds attributable to Wi2, Wi2 shall compensate for the damages suffered by the User on such a condition that the Service is not available at all (including the case where all the communications provided via the telecommunication facility under the related Service subscription have significantly suffered from the problem and come into a situation to the same extent that it cannot be used at all; hereinafter the same shall apply in this Article) for 24 or more consecutive hours commencing from the time at which it came to be known by Wi2; Provided, however, that this shall not apply to the case where the Service becomes unavailable due to an event arising out of the special characteristics of wireless communications.
2. In the case referred to in the preceding paragraph, only such amount of charges for the relevant Service that corresponds to the hours continued (based on the time unit in multiples of 24 hours) after the time at which Wi2 came to know that the Service was not available at all shall be considered as the damage suffered, and Wi2 shall compensate only for that amount.
3. If the Service is not provided by willful intention or gross negligence of Wi2, the provisions set forth in the preceding two paragraphs shall not apply.
4. Wi2 shall not be liable for any damage against any user, etc. whose identification code and password are used by any third person other than the user or users under the relevant subscription (hereinafter referred to as "users, etc"; the same shall apply hereunder).
5. Wi2 shall not be liable for any situation where the Service cannot be provided due to natural disasters, incidents or other force majeure.
6. Wi2 shall not assume any warranty obligation on information, etc. obtained by the User using the Service (including any computer program). In addition, Wi2 shall not be liable for any damage arising out of such information, etc.
7. If any claim is filed or action is brought against the User by any other user of the Service or third person on the ground that such user or third person is caused damage with respect to any use of the Service, then the User shall settle the claim or action at its own expense and responsibility and shall indemnify Wi2 from any liability.

Article 22 (Governing Law)
The conclusion, effect, performance and interpretation of these Terms of Use shall be governed by the laws of Japan.

Article 23 (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
This Terms of Use is based on the Japanese version of Contract Clauses and Terms of Use.

(Effective date)
1. These Terms of Use shall be effective as of June 1st, 2008.

2. These revised Terms of Use shall be effective as of July 1st, 2014.

(Attachment)
Privacy Policy

Wi2 will use the personal information only to the extent necessary for achieving the objectives of providing the public wireless LAN service (“Service”), its associated operations, other operations Wi2 may run through the Service and their associated operations (including future services and operations). They are specifically:

  • for introducing, proposing and accepting applications for the Service
  • for identifying the applicant for the Service
  • for managing Service and contract due dates for continuous transaction management
  • for validating provision of the Service
  • for fulfilling operations commissioned by other service providers in relation to processing of personal information in whole or in part
  • for exercising rights or fulfilling obligations based on contracts with customers or the law
  • for improving and developing Services through market research and data analysis
  • for delivering proposals and information related to services by direct mail etc
  • for post operations after the termination of the Service.
  • Wi2 will provide information service providers with the access location information of the terminal based on the installation data of our access points to allow provision of information based on the longitude and latitude of our access points; provided however, that no information identifying an individual (personal information) will be provided.
  • Wi2 will provide information service providers with the age and gender information of the subscriber based on the registered information and activity history information of the subscriber to allow provision of information based on the age, gender and past activity history of the subscriber; provided however that no information identifying an individual (personal information) will be provided.
  • for facilitating appropriate and smooth transactions with customers
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