Wi2 300 Public Wireless LAN Terms of Use

Chapter 1 - General Provisions

Article 1 - Application

The following terms of use ("Terms of Use") govern use of the Wi2 Public Wireless LAN service ("Service") that Wire and Wireless Co., Ltd. ("Wi2") provides to the user ("User").

Article 2 - Scope and Amendments

• 1.
  These Terms of Use apply to Wi2 and the User in connection to use of the Service, and Wi2 and the User are bound to comply with these Terms of Use in good faith once the User's application to use the Service provided for in Article 3 (Applications) and Article 4 (Establishment of a Service Usage Agreement) is approved.
• 2.
  Wi2 may amend these Terms of Use pursuant to the provisions of Article 548-4 (Amendments of Standard Terms and Conditions) of the Civil Code (Act No. 89 of 1896) if the need to amend these Terms of Use arises due to revisions to laws and regulations, changes in social conditions, or other circumstances.
• 3.

  In the event of amending these Terms of Use pursuant to the provisions of the preceding paragraph, Wi2 shall establish an effective date for the amendments, and announce the following details via Wi2's website or some other means by the effective date:

  • 1.
    The fact that the Terms of Use are being amended
  • 2.
    Details in the amended Terms of Use
  • 3.
    Effective date

Chapter 2 - Applications

Article 3 - Applications

Article 4 - Establishment of a Service Usage Agreement

A Service Usage Agreement shall come into effect upon completion of registration procedures for an Applicant who has applied to use the Service pursuant to the preceding article.

Article 5 - Conditions for Use

The User shall be responsible for preparing, at the User's expense, communications equipment and software, etc. necessary to use the Service.

Article 6 - Restrictions on Assignment of Usage Eligibility

The User must not transfer their status under the Service Usage Agreement, assign their rights and obligations pursuant to the Service Usage Agreement to a third party, or provide such rights and obligations as collateral for a third party, without written consent from Wi2.

Article 7 - Cancellation of Use by User

The User shall notify Wi2 by the means specified by Wi2 in advance when wishing to cancel use of the Service.

Chapter 3 - Service

Article 8 - Service to be Provided

• 1.
  Wi2 provides the User with the Service in accordance with and to the extent provided for in these Terms of Use and the Agreement. In the event that Wi2 or a third party separately sets out individual rules or other rules ("Other Rules") when using the Service, the User shall agree to and comply with such Other Rules in addition to these Terms of Use and the Agreement.
• 2.
  Wi2 may alter the content of the Service in whole or in part.

Article 9 - Use of Third Party Information

Article 10 - Warranty of Content of Third Party Information

• 1.
  Wi2 does not warrant the integrity, accuracy, certainty or usability of any products, services or information provided by third parties through the Service.
• 2.
  Wi2 assumes no liability whatsoever for any disputes that arise between the User and a third party in connection with the use by the User of any products, services or information provided by such third party.

Chapter 4 - Charges

Article 11 - Charges

• 1.
  Service charges are set forth separately by Wi2 in the Agreement.
• 2.
  Fixed monthly usage charges are calculated on the last day of each month, and the User shall pay Wi2 basic charges, monthly usage charges, packet communication charges, and an amount equivalent to consumption tax (including local consumption tax) on such charges by the date specified by Wi2, by credit card, electronic money, or another method separately specified by Wi2.
• 3.
  Hourly contract usage charges are calculated in hourly units, and the User shall pay Wi2 basic charges, hourly usage charges, packet communication charges, and an amount equivalent to consumption tax (including local consumption tax) on such charges by the date specified by Wi2, by credit card, electronic money, or another method separately specified by Wi2.

Chapter 5 - User Obligations

Article 12 - Prohibited Acts

• 1.
  Any act that infringes or may infringe the copyright or any other rights of a third party or Wi2;
• 2.
  Any act that infringes or may infringe the property or privacy of a third party or Wi2;
• 3.
  In addition to the preceding item, any act that causes or may cause any disadvantage or damage to a third party or Wi2;
• 4.
  Any act that defames a third party or Wi2;
• 5.
  Any act that violates or may violate public order and morals (obscene, violent, brutal or abusive acts, prostitution, etc.), or any act that provides information that violates public order and morals to a third party;
• 6.
  Any act that is or may be criminal or linked to a criminal act;
• 7.
  Any act involving electioneering or similar acts, irrespective of whether during an election campaign period;
• 8.
  Any act that uses the Service for profit such as reselling or leasing the Service;
• 9.
  Any act that establishes or solicits the establishment of an endless chain scheme (pyramid scheme) or acts which solicit such act;
• 10.
  Any act that sends emails (nuisance emails) that contain advertising, solicitations, fraudulent information, or information that is or may be repugnant to the general public;
• 11.
  Any act that obstructs the receipt of email by a third party or Wi2 or any act that requests the forwarding of chain-mail or forwards chain-mail in response to such a request;
• 12.
  Any act that uses the Service spoofing as a third party;
• 13.
  Any tortious act such as using the Service to gain unauthorized access to Wi2 or a third party, and falsifying or erasing data;
• 14.
  Any act that uses or provides harmful programs such as computer viruses, through or in connect to the Service;
• 15.
  Any act that causes trouble or disadvantages to a third party or Wi2, any act that may interfere with the Service or any act that obstructs the operation of the Service;
• 16.
  Any act using the Service that seriously impacts or may seriously impact use of the Service by persons who use the Service directly or indirectly;
• 17.
  Any other act that violates or may violate laws and regulations; or
• 18.
  Any other act deemed to be inappropriate by Wi2.

Article 13 - User's Liability

Article 14 - User's Self-Responsibility

In the event that the User suffers any damage or assumes any legal liability in connection to information or files uploaded or downloaded using the Service, the User shall be responsible for handling such situations and shall not make any claim or cause any trouble to Wi2.

Article 15 - Ownership and Intellectual Property Rights

Ownership and intellectual property rights to all programs, software, services, procedures, trademarks, trade names, services provided by any third party, or technologies associated thereto that make up the Service shall belong to Wi2 or the relevant provider.

Article 16 - Copyrights

• 1.
  The User may not use any information or files provided through the Service in any way beyond the scope of duplicating for personal use by the User as stipulated in the Copyright Act, without consent of the right holder.
• 2.
  The User may not allow a third party to use or disclose any information or files provided through the Service in any way, without consent of the right holder.
• 3.
  In the event that a dispute arises following a violation of the provisions of the preceding 2 paragraphs, the User shall settle such dispute at its own expense and responsibility and shall not cause any damage to Wi2.

Chapter 6 - Protection of Personal Information

Article 17 - Use of Personal Information

Article 18 - Use of Applicant and User Information

Article 19 - Discontinuation and Suspension

• 1.

  Wi2 may discontinue or suspend the operation of the Service when:

  • 1.
    Conducting regular or emergency system maintenance or engineering work relating to the Service or when an unavoidable event occurs such as a system failure at Wi2;
  • 2.
    Regular provision of the Service is no longer possible due to wars, riots, disturbances, labor disputes, earthquakes, volcanic eruptions, floods, tsunamis, fires, power failures or any other force majeure;
  • 3.
    Wi2 is regulated or ordered by a national or local governmental organization to discontinue or suspend the Service or when another telecommunications carrier has discontinued or suspended the provision of the Service; or
  • 4.
    Wi2 otherwise deems that temporary suspension is necessary for the operation of the Service.
• 2.
  Wi2 shall give prior notice to the User when discontinuing or suspending the operation of the Service pursuant to the provisions of the preceding paragraph, except in urgent and unavoidable circumstances.

Article 20 - Termination

Chapter 7 - Compensation for Damage

Article 21 - Compensation for Damage

Article 22 - No Warranty

Article 23 - Governing Law

Article 24 - Consultations

Article 25 - Court with Jurisdiction

Supplementary Provision

Supplementary Provision

Supplementary Provision

(Attachment)

• 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