(Application of Terms)

Article 1

The companies, facilities, and local governments, etc. installing a Wi-Fi access point device (hereinafter referred to as "Service Provider") hereby establish the terms of use (hereinafter referred to as "these Terms") for "free Internet access" provided by Service Provider (hereinafter referred to as "this Service") for the users of this Service (hereinafter referred to as "Contractor") as follows.

(Scope of and Change to These Terms)

Article 2

1. These Terms shall apply to Service Provider and Contractor in relation to the use of this Service. Service Provider and Contractor shall comply with these Terms in good faith after the use contract set forth in Article 5 (Application for Use Contract) and Article 6 (Conclusion of Use Contract) is concluded.

2. Service Provider may change these Terms without approval of Contractor.

(Governing Law)

Article 3

The conclusion, validity, performance, and interpretation of these Terms shall be governed by the laws of Japan.

(Court of Jurisdiction)

Article 4

1. If any dispute arises between Contractor and Service Provider in connection with this Service, the relevant parties shall have a discussion with each other in good faith.

2. If the parties fail to settle the dispute by discussion as set forth in the preceding paragraph, the district court or summary court designated by Service Provider shall have the exclusive jurisdiction of the first instance.

(Application for Use Contract)

Article 5

Those who desire to use this Service shall agree to these Terms.

(Conclusion of Use Contract)

Article 6

Contractor shall click the "Agree" button if agreeing to the contents of these Terms. The use contract shall be concluded at the time when Contractor agrees to these Terms and its registration is completed. If Contractor clicks the "Agree" button, it shall be deemed to have agreed to these Terms at such a point of time for any reason whatsoever.

(Terms of Use)

Article 7

Contractor shall prepare the communications equipment, software, etc. necessary to use this Service on its own responsibility and at its own cost.

(Restriction on Transfer of Rights)

Article 8

Contractor shall not assign its right to be provided with this Service to a third party.

(Service to be Provided)

Article 9

1. Service Provider shall provide this Service to Contractor in accordance with these Terms to the extent as set forth in these Terms. If there are any individual terms presented separately by Service Provider or a third party or any other terms in the use of this Service (hereinafter collectively referred to as "Other Terms"), Contractor shall agree to and comply with such Other Terms in addition to these Terms.

2. Service Provider may change all or part of the contents of this Service for any reason whatsoever without giving prior notice to Contractor.

3. Service Provider may discontinue or abolish this Service for any reason whatsoever without giving prior notice to Contractor.

4. Service Provider shall not be liable for any damage incurred by Contractor or a third party in cases as set forth in the preceding paragraphs 2 and 3.

(Use of Information Provided by Third Party)

Article 10

Contractor shall agree that any and all responsibilities in the use of information provided by a third party remain with the provider of the respective information and that Service Provider is not a party to the relevant business agreement or information provision agreement.

(Warranty of Content of Information Provided by Third Party)

Article 11

1. Service Provider will not give any warranty with respect to the products or services provided by a third party. Service Provider will not give any warranty with respect to the integrity, accuracy, certainty, or usefulness of information provided by a third party.

2. Service Provider shall not be liable in any respect in cases of a dispute arising between Contractor and a third party with respect to such Contractor's use of information provided by such a third party. Service Provider shall not be liable for any costs or damages.

(Usage Fee, Etc.)

Article 12

No fee shall be charged for this Service.

(Prohibitions)

Article 13

Contractor shall not conduct the following acts in the use of this Service:

• acts that do or may violate a copyright or any other right of a third party or Service Provider;
• acts that do or may violate any property or the privacy of a third party or Service Provider;
• acts that do or may otherwise cause disadvantage or damage to a third party or Service Provider;
• acts of defaming a third party or Service Provider;
• acts against or acts judged by Service Provider that may be against public order and morals (such as obscenity, prostitution, violence, brutality, and abuse), or acts of providing a third party with information against public order and morals;
• acts that are or may be, or do or may lead to, a criminal one;
• election campaigning or any act similar thereto whether it is during an election period or not;
• acts related to sex culture or activities of propagating a religion;
• acts for the purpose of profit from this Service itself such as reselling or leasing this Service;
• acts of creating or soliciting anybody to join a pyramid scheme;
• acts of sending emails that have advertisements or soliciting contents or materials etc. addressed to an unspecified number of people, that have fraudulent information or that do or may inspire a feeling of disgust (annoying email) to a third party or Service Provider;
• acts that interfere with a third party's or Service Provider's reception of email; acts of requesting the forwarding of, or forwarding at such request, chain mail including a "chain letter" and pious deception;
• acts of using this Service posing as a third party;
• acts of falsifying or deleting information of our company or a third party accessible by this Service.
• acts of using or providing a harmful program including computer viruses through or in connection with this Service;
• acts of causing annoyance or disadvantage to a third party or Service Provider, acts that may cause a problem to this Service, acts that interfere with the operation of this Service;
• acts of using this Service in such a manner that may cause a serious problem to the use of this Service by a direct or indirect user;
• acts that otherwise do or may violate laws and regulations; and
• any other act judged by Service Provider to be inappropriate.

(Principle of Self-Responsibility)

Article 14

1. If an act of Contractor falling under any of the acts as set forth in Article 13 (Prohibitions) causes any damage to Service Provider and/or a third party, Contractor shall assume any and all legal liabilities including compensation for damages and hold Service Provider harmless, even after losing its qualification as Contractor.

2. If incurring any damage or assuming any liability in connection with information or file uploaded or downloaded using this Service, Contractor shall deal therewith on its own responsibility and hold Service Provider harmless without making any claim against Service Provider.

(Ownership)

Article 15

All the programs, software, services, procedures, trademarks and trade names constituting this Service services provided by a third party and all the technologies incidental thereto shall belong to Service Provider or the relevant providers.

(Copyright)

Article 16

1. Contractor may not use in any manner any information or file provided through this Service under the Copyright Act without permission of the rights holder beyond the scope of duplication for their own private use as set forth in the Copyright Act.

2. Contractor may not in any manner cause a third party to use or disclose any information or file provided through this Service without permission of the rights holder.

3. If any dispute arises in violation of this Article, Contractor shall settle such dispute at its own cost and on its own responsibility, and indemnify and hold Service Provider harmless in any circumstances.

(Use and Protection of User Information)

Article 17

1. Contractor shall agree that, for the provision of this Service, Service Provider, Nippon Telegraph and Telephone West Corporation (hereinafter referred to as "NTT West"), entities executing work related to this Service under the entrustment of NTT West (hereinafter referred to as "Entrusted Companies"), and entities that authorize NTT West to use a cloud service may obtain in the course of provision of this Service the information established for each device such as email address and SSID name (hereinafter referred to as "Personal Information"), as well as access point location information, authentication information, connection time and date, IP address and terminal information such as language setting and MAC address (hereinafter collectively referred to as "User Information").

2. NTT West, Entrusted Companies and entities that authorize NTT West to use a cloud service will use Personal Information and User Information to the extent required to achieve the following purposes. After Contractor ceases using this Service, Personal Information and User Information may be used to the extent required for handling inquiries or similar purposes:
(1) provision of this Service;
(2) introduction of, or proposal and consultation concerning services provided or products, etc. sold by NTT West;
(3) introduction of, or proposal and consultation concerning services or products, etc. sold by NTT West on commission or as an agent or similar;
(4) sending of articles required or rewards for questionnaires or other surveys;
(5) improvement in the quality of services and products, etc., and development of new services, products, etc.;
(6) offering of information on campaigns and consumer monitor seeking for services;
(7) offering of information on services and products related to the use of the Internet, etc.;
(8) support service based on the request by Service Provider;
(9) access by Service Provider to the usage of APs by dashboard and remote access devices;
(10) information analysis for improvement in the quality and functions of this Service; and
(11) preparation of statistical information on Wi-Fi usage and behavior tendency to contribute to the utilization in sightseeing, administration, regional development, etc.

3. NTT West shall handle Personal Information and User Information in accordance with the Privacy Policy provided separately by NTT West (https://www.ntt-west.co.jp/english/privacy/), in addition to these Terms.

/

4. NTT West and Entrusted Companies may notify entities that authorize NTT West to use a cloud service of, and use, Personal Information and User Information.

5. Corporation information of Contractor shall also be handled in the same manner as Personal Information.

(Discontinuation and Cancellation of Contractor Qualification)

Article 18

If Contractor falls under any of the following items, Service Provider may discontinue or cancel the Contractor qualification of the relevant Contractor forthwith without prior notice:

• when a false declaration made during use application is discovered;
• when conducting an act falling under any of the matters prohibited in Article 13 (Prohibitions);
• when interfering with the operation of this Service by any means;
• when otherwise violating these Terms; and
• when otherwise judged by Service Provider to be inappropriate as Contractor.

(Termination and Discontinuation of Service)

Article 19

1. In cases falling under any of the following matters, Service Provider may terminate or discontinue the operation of this Service:

• when performing maintenance or construction of the system for this Service regularly or urgently, or when it is unavoidable, such as a failure of Service Provider's system; and
• when unable to provide this Service as usual due to war, rioting, disturbances, industrial dispute, earthquake, eruption, flood, tsunami, fire, interruption of electric supply, or any other emergency.

2. Service Provider shall give prior notice if terminating or discontinuing the operation of this Service pursuant to the preceding paragraph; provided, however, that this shall not apply in urgent and unavoidable cases.

3. When a government authority restricts or orders to stop this Service, or when any other telecommunications carrier terminates or discontinues the provision of their service.

4. When Service Provider judges that temporary discontinuance is necessary for the operation of this Service.

Service Provider shall not be liable for any damage incurred by Contractor or a third party due to the termination or discontinuance of this Service under this Article.

(Deletion of Information, Restriction on Use of Communication, Etc.)

Article 20

1. If Contractor has conducted an act as set forth in any of the paragraphs of Article 13 (Prohibitions), violated these Terms, or failed to follow a notice or guidance of Service Provider, or Service Provider otherwise recognizes it necessary, Service Provider may take any of the measures as set forth in the following items or a combination thereof.

• If judging it to be necessary in the operation of this Service, Service Provider may limit the bandwidth assigned to the communications by Contractor using the means of communication specified by Service Provider.
• Service Provider may temporarily suspend or cancel the use of this Service by Contractor.

2. In this Service, Service Provider may restrict access to websites, etc. (by means such as filtering) which Service Provider judges it to be undesirable for youths to use from the viewpoint of youth protection.

3. Service Provider shall neither be obliged to take the measures as set forth in paragraphs 1 and 2 of this Article, nor be liable for any damage incurred by Contractor or a third party resulting from having taken or not having taken such measures.

(Limitation of Liability)

Article 21

Service Provider shall neither be obliged to without interruption provide this Service to Contractor, nor if this Service is not provided to Contractor for some reason, be liable in any manner for any damage caused to Contractor due thereto.

(Disclaimer)

Article 22

1. Service Provider shall not be liable in any manner for any damage caused to Contractor in connection with the provision of this Service.

2. The paragraph 1 of this Article shall not apply in cases where a willful act or gross negligence of Service Provider is found.

3. Service Provider will make no warranty in any manner with respect to the integrity, accuracy, certainty or usefulness of the contents of this Service or the information, etc. obtained by Contractor through this Service.

4. Service Provider will make no warranty in any manner of the operation of any equipment or software used by Contractor.

5. Service Provider shall not be responsible in any manner for disputes, etc. with a third party arising due to Contractor's use of this Service.

Supplementary Provision;
These Terms shall come into effect as of December 1, 2019.