The Area Management will contract out the provision of the Service to its communications Inc. (hereinafter referred to as the “Contractor”). The Contractor may collect various kinds of information necessary for provision and improvement of the Service, among other purposes.
Article 2: Qualification of Users
Article 3: Usage Fees
The usage fees for the Service shall be free. However, the Users shall bear the cost for telecommunication equipment and other facilities necessary for use of the Service.
Article 4: Contents of the Service
The Users may use the following functions in the Service:
Internet connection function.
Article 5: Purpose of Use and Treatment of Attribute Information
The Contractor shall collect the following information from the Users through the Service:
Information for authentication;
Various kinds of information for use of the OS language information, etc.;
IP address information;
Information for the identification of telecommunication equipment and other devices;
Information in the operation logs (hereinafter referred to as “Attribute Information, etc.”); and
*The information in the operation logs includes the location information, details of operations and connection time based on the access point information when making a Wi-Fi connection.
Any other information relating to attributes of the Users.
The Users shall agree that the Contractor will obtain the Attribute Information, etc. and use and provide the Attribute Information, etc. for the following purposes:
To grasp the situation of use of the Service;
Response to User inquiries;
Consideration to improve convenience of the Service; and
Provision of information considered important for tourism, disaster prevention and other measures for the Area Management.
Article 6: Treatment and Purpose of Use of Personal Information
The Users shall agree that the Area Management and the Contractor will collect, manage and use the personal information registered by the Users for the following purposes:
To provide the Service;
To contact the Users according to any necessity; and
To improve the quality of the Service and ensure convenience for the Users, including preventing the Users from reentering information when moving from one page to another and page customization for each User.
Article 7: Copyrights, etc.
The intellectual property rights (including copyrights, patent rights, utility model rights, design rights, trademark rights and know-how) in relation to the Service and various kinds of information displayed on the Service, among others, shall be vested in the Area Management or the respective holders of such rights.
Article 8: Prohibitions
The Users shall not engage in acts falling under the respective Items below when using the Service. If the Area Management judges that any User engages in such acts, the Area Management may refuse or suspend use of the Service for the said User.
Acts of copying, reproducing and redistributing the images, data, information and other contents used in the Service either for or without consideration in any form without prior approval of the Area Management;
Acts which infringe or may infringe on the copyrights, trademark rights and other intellectual property rights of the Area Management or any other persons;
Acts which infringe or may infringe on the property, privacy or right of publicity of the Area Management and any other persons;
Acts which discriminate against or defame, slander or insult the Area Management and any other persons for no good reason, stimulate discrimination not based on good reason against the Area Management and any other persons or impair the reputation or trust of the Area Management and any other persons;
Acts of assuming the identity of any other persons or making a false declaration in the use of the Service;
Acts against the laws and regulations of the public order and good morals; and
Acts which the Area Management otherwise judges inappropriate based on reasonable reasons.
Article 9: Disclaimer
The Area Management and the Contractor shall not be liable for any damage to the Users in relation to the provision of the Service. In addition, the Area Management shall not be liable for any damage due to cancellation, suspension, cessation, discontinuance and restriction of the provision of the Service.
The Area Management and the Contractor will not guarantee the integrity, accuracy, reliability, usability, etc. of the contents of the Service and information that the party to the agreement obtains through the Service in any way.
The Area Management and the Contractor will not guarantee the operation of any equipment and software used by the Users in any way.
The Area Management and the Contractor will not be liable for any disputes, etc. between the Users and any other persons due to the use of the Service in any way.
Article 10: Suspension and Termination of the Service
Article 12: Damages
Article 13: Compliance with Laws and Regulations
Article 14: Governing Law and Jurisdiction
If the dispute is not resolved through negotiation as described in the preceding Paragraph, the dispute shall be submitted to the exclusive jurisdiction by agreement of the Tokyo District Court of the Tokyo Summary Court for the first instance.
Supplementary Provision The Terms shall come into effect on September 13, 2018.
Chapter 1: General Provisions
Article 1: Application of the Terms
Article 2: Scope of the Terms and Revision
The Terms shall apply to the Company and the subscribers in connection with the use of the Service. The Company and subscribers shall be under the obligation to observe the Terms in good faith after the contract of use stipulated in Article 3 (Application for the Service) and Article 4 (Conclusion of Contract of Use) is concluded.
The Company may revise the Terms without obtaining subscribers’ approval.
Chapter 2: Execution of Contract of Use, etc.
Article 3: Application for the Service
Anyone wishing to use the Service and making an application shall connect to the authentication site for the Service, enter his or her e-mail address and agree to the Terms. If an applicant is a minor, the application shall be deemed as filed after obtaining approval from the parental authority of the applicant.
At the time of applying for the Service, applicants shall grant their prior consent to the Company’s acquisition of their MAC addresses, which are physical addresses unique to terminals for identification of subscribers’ terminals, for the purpose of providing the Service.
Article 4: Conclusion of Contract of Use
An applicant shall press the Agree button when he or she agrees to the provisions in the Terms. The contract of use shall be concluded upon completion of the registration after he or she agrees to the Terms. Once an applicant presses the Agree button, he or she shall be deemed to have agreed to the Terms irrespective of any reason at the time.
Article 5: Conditions of Use
Subscribers shall prepare telecommunication equipment, software, etc. requisite to use of the Service at their own responsibility and expense.
Subscribers shall agree to give their ideas, opinions and comments on use of public wireless LAN services in response to questionnaire surveys conducted by the Company as appropriate.
Article 6: Restrictions on Transfer of Rights
Subscribers shall not transfer their rights to enjoy the Service to any third party.
Chapter 3: The Service
Article 7: Service Offered
The Company shall provide subscribers with the Service in accordance with the Terms. If an individual rule or other provision (hereinafter “Extra Terms”) is separately presented by the Company or a third party in connection with the use of the Service, subscribers shall agree to and observe the Extra Terms in addition to these Terms.
The Company may change the whole or part of the Service for any reason without prior notice to subscribers.
The Company may suspend or discontinue the Service for any reason without prior notice to subscribers.
The Company shall accept no liability for damages incurred by a subscriber or third party in the event of what is stipulated in paragraphs 2 and 3 above.
Article 8: Use of Information Offered by Third Parties
Subscribers shall agree that all responsibility for information offered by a third party for use by subscribers belongs solely to the provider of the information and that the Company is not a contractual party concerning the transaction contract or the information offering.
Article 9: Guarantee of Information Offered by Third Party
The Company shall grant no guarantee about any product or service provided by third parties and about integrity, accuracy, certainty, utility, etc. of any information offered by third parties.
The Company shall accept no liability in the event of a dispute between a subscriber and a third-party information provider over the subscriber’s use of the information offered by the third party. The Company shall bear no expense or compensation arising therefrom.
Chapter 4: Fees
Article 10: Fees and Other Charges
The Service shall be free of charge.
Chapter 5: Obligations and Others of Subscribers
Article 11: Prohibitions
Subscribers shall not conduct any act among the items below in using the Service. If the Company deems a subscriber to have conducted any such act, the Company may suspend or terminate that subscriber’s use of the Service.
Making the Service actually or possibly accessible to third parties
Actual or attempted activity for commercial purposes with the use of the Service
An act that breaches or may breach copyrights, trademark rights or other intellectual property rights of the Company or a third party
An act that violates or may violate any property, privacy, portrait or other rights of the Company or a third party
An act that unjustifiably discriminates against, slanders or insults the Company or a third party, that furthers unjustifiable discrimination against the Company or a third party, or that impairs the reputation or credibility of the Company or a third party
An act that leads or may lead to fraud, child prostitution, illegal trade of a bank account or cell phone account, or other criminal conduct
Transmitting or displaying images, video, voice or text that can be classified as obscenity, child pornography or child abuse, selling a medium that contains any such content or displaying or transmitting an advertisement that evokes ideas that such content is transmitted, displayed or sold
An act that leads or may lead to a drug crime or abuse of controlled drugs, or that advertises an unapproved pharmaceutical product or equivalent
Forming a pyramid scheme and/or inviting anyone to participate in one
Illicitly rewriting or deleting information stored in the Company’s systems
Pretending to be a third party in using the Service
Sending or posting a virus or other malicious computer program or equivalent
Sending an e-mail for advertising or inviting purposes to the Company or to a third party without permission
Causing trouble to a third party’s equipment or to the use or operation of the Company’s equipment for Internet access service
Allowing anyone to conduct illegal gambling or encouraging anyone to participate in illegal gambling
Undertaking or mediating an illegal act, such as transfer of guns, unauthorized production of explosives, offering of child pornography, forgery of an official document, murder, or intimidation, or inducing or asking anyone to commit any such illegal act
Sending disagreeable information such as images and the equivalent depicting the scene of a murder or its victim, information such as images and the equivalent depicting a scene of a killing, injuring or abusing an animal or other information that is highly discomforting to third parties in light of common sense in the general public
Inducing or encouraging anyone to commit suicide or providing information on means of committing suicide that is likely to do harm to a third party
Placing a link with awareness that it falls under any of the items above and in a manner or for the purpose of furthering it
Inducing an unspecified person to post or otherwise publish information that leads or is likely to lead to a criminal or illegal act or any information that unjustifiably discriminates, slanders or insults others or violates their privacy
An act that the Company deems to violate the public order and morals or the rights of the Company or a third party
An act that violates or may violate a law or regulation
Any other act that the Company deems inappropriate, such as disturbing operation of the Service
Article 12: Principle of Self-Responsibility
Subscribers shall remain solely liable for damages, etc. they cause to the Company and to third parties by committing an act that falls under Article 11 (Prohibitions) even after termination of the contract, and the Company shall accept no liability whatsoever.
In the event a subscriber suffers damage in connection with any information or file he or she has uploaded or downloaded via the Service or when a subscriber bears liability, the Company shall accept no liability whatsoever and the subscriber in question shall deal with the issue at his or her own responsibility and file no claim against the Company.
Article 13: Property Rights, etc.
The property rights, intellectual property rights and all other rights relating to all programs, software, services, procedures, trademarks and trade names that constitute the Service or to services provided by third parties and all technologies associated therewith shall be under ownership of the Company and their respective providers.
Article 14: Copyright
Subscribers shall not use any information provided through the Service by any means beyond the scope of replication for their personal use authorized in the Copyright Act without obtaining permission from its rights-holder.
Subscribers shall not let a third party use or publish any information or file provided through the Service by any means without obtaining permission from its rights-holder.
Should a conflict occur after violation of the provisions in this article, the violating subscriber shall at his or her own expense and responsibility settle the conflict and indemnify the Company from any loss whatsoever.
Chapter 6: The Company’s Obligations
Article 15: Protection of User Information
Article 16: Cancellation of Contract and Termination of the Service
The Company may immediately, without prior notice, cancel the contract of use with and cease to offer the Service to a subscriber to whom any of the following applies. (
Is found to have made a false statement in his or her application for the Service
Has conducted any of the acts prohibited in Article 11 (Prohibitions)
Has disturbed operation of the Service, irrespective of the means
Is otherwise deemed by the Company to have violated the Terms or to have acted inappropriately
Article 17: Suspension and Interruption of the Service
The Company may suspend or interrupt its operation of the Service in the event of any of the following.
Suspension or interruption of the Service is unavoidable due to regular or emergency maintenance or other work on the systems for the Service or due to failure of the Company’s systems.
It is not possible to provide the Service normally due to a war, riot, disturbance, labor dispute, earthquake, volcanic eruption, flood, tsunami, fire, power outage or other emergency situation.
Suspension or interruption of Service provision is due to regulations or an order from governmental authorities or the equivalent, or is made by another telecommunication service provider.
The Company otherwise deems it necessary to suspend or interrupt the Service in consideration of operation of the Service.
The Company may suspend or interrupt operation of the Service in accordance with the provisions in the preceding paragraph without notification.
The Company shall assume no liability for any damage incurred by subscribers or third parties as a result of suspension or interruption of the Service in accordance with this article.
Article 18: Restrictions on the Service
The Company may restrict its provision of the Service in the event of any of the following.
Due to a natural disaster or calamity or other emergency, there is congestion in demand for telecommunications and it is impossible to secure connections in whole or in part.
A subscriber places excessive load on the Company’s telecommunication equipment.
The Company deems the sender (such as the domain name, e-mail address or Internet address) of an e-mail addressed to a subscriber to be false or non-existent.
The sender of an e-mail to a subscriber is deemed subject to restriction in accordance with the Company’s standards.
A webpage, image, video or other content that a subscriber intends to view or access (hereinafter “communication destination”) is on the list of child-pornography-related websites (hereinafter the “List”) distributed by the Internet Content Safety Association to the Company.
A communication destination is managed with a domain name on the List.
In the event of restricting provision of the Service in accordance with item (3) or (4) of paragraph 1, the Company may reject reception of the e-mail or delay its distribution without notification to the subscriber concerned.
In the event of restricting the provision of the Service in accordance with item (5) or (6) of paragraph 1, the Company shall restrict the connection to the communication destination without notification to the subscriber concerned.
The Company shall accept no liability for damages incurred by a subscriber as a result of restriction of provision of the Service in accordance with the provisions in this article.
Article 19: Deletion of Information
The Company may take one or more of the actions listed below against a specific subscriber if the subscriber conducts an act that falls under Article 11 (Prohibitions), violates the Terms, or fails to follow the notification or guidance from the Company, or in other cases where the Company deems it necessary to take such action.
Request that the subscriber stop conducting the act that falls under any of the items in Article 11 (Prohibitions)
Request that the subscriber enter into consultation with a third party or third parties for resolving their complaints, etc.
Request that the subscriber delete the information displayed
Delete information transmitted or displayed by the subscriber in whole or in part or make such information inaccessible to third parties without prior notice
The actions stipulated in the preceding paragraph shall constitute no denial of the principle of self-responsibility. In interpretation and implementation of the provisions in the preceding paragraph, the principle of self-responsibility shall be respected.
The Company shall bear no obligation to take any of the actions specified in the items of paragraph 1 and accept no liability for damages incurred by a subscriber or third parties arising from implementation or non-implementation of any such action.
Article 20: Termination of Contract
The contract of use shall terminate when the communication is blocked. The reasons for blocked communications shall include and not be limited to the following.
The period for use of the Service designated by the Company expires.
The subscriber leaves the area where the Service is available.
There is a matter that blocks communications.
Any of the events specified in the items in Article 16 (Cancellation of Contract and Termination of the Service), Article 17 (Suspension and Interruption of the Service) and Article 18 (Restrictions on the Service) occur.。
The subscriber operates his or her terminal to disconnect from the Service.
The terminal of the subscriber experiences a failure.
Chapter 7: Compensation, etc.
Article 21: Limited Liability
The Company shall be under no obligation to provide subscribers with the Service without interruption and shall accept no liability for damages caused to subscribers by failure to provide them with the Services for any reason.
Article 22: Disclaimers
The Company shall assume no liability for damages incurred by subscribers in connection with provision of the Service.
The Company shall assume no liability for damages incurred as a result of cancellation, termination, interruption or restriction of provision of the Service in accordance with the provisions in Article 16 (Cancellation of Contract and Termination of the Service), Article 17 (Suspension and Interruption of the Service) and Article 18 (Restrictions on the Service).
The Company shall not guarantee the integrity, accuracy, certainty, utility, etc. of the Service or of any information obtained through the Service.
The Company shall not guarantee normal operations of any system or software used by subscribers.
The Company shall assume no liability in association with any conflict between a subscriber and a third party over the use of the Service made by the subscriber.
Article 23: Governing Law
Japanese law shall be applied to the conclusion, effect, execution and interpretation of the contract of use based on the Terms.
Article 24: Court of Jurisdiction
In the event of a dispute between a subscriber and the Company in connection with the Service, both parties shall enter into consultation in good faith.
The Tokyo District Court or the Tokyo Summary Court shall be the agreed-upon court of exclusive jurisdiction in the first instance if the consultation stipulated in the preceding paragraph fails to settle the dispute.
Supplementary Provision The Terms shall come into effect on April 26, 2012.