Open Wi-Fi Terms of Service
Article 1. Application of the Terms of Service
These Terms of Service (the "Terms of Service") are set forth by Shizuoka Online Co., Ltd. ("Shizuoka Online") with respect to its Open Wi-Fi Web Service (the "Service") for users of the Service ("Users" or "you").
Article 2. Scope of and Amendments to the Terms of Service
- The Terms of Service apply to all relationships between Shizuoka Online and you with respect to the use of the Service, and Shizuoka Online and you will have the obligations to comply with the Terms of Service in good faith after you start using the Service in accordance with Article 3 below.
- Shizuoka Online reserves the right to amend the Terms of Service without your consent.
Article 3. Use of the Service
You must agree to all provisions of the Terms of Service before using the Service. The agreement for the use of the Service between Shizuoka Online and you will take effect when you start using the Service.
Article 4. Provision of the Service
- Shizuoka Online provides you with the Service to the extent specified in the Terms of Service. In addition to the Terms of Service, you must, before using the Service, agree to and abide by any individual terms of service or any other terms of service, if any, presented by any third party which provides products or technologies to Shizuoka Online or the Service ("Other Terms of Service").
- Shizuoka Online reserves the right to amend the contents of the Service in whole or in part without your consent to the Service.
Article 5. Protection of Personal Information
- The term "personal information" as used in this Article means any information relating to a living individual which can identify a specific individual by the name, date of birth, or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).
Article 6. Usage Records of the Service
Shizuoka Online collects information on your location, browsing history, and preferences with respect to your use of the Service using your access log, device information, cookies, or caches. Shizuoka Online provides such information to third parties for the purpose of properly managing and administering the Service, improving service quality through market research or data analysis, or developing new functions, in which case, however, Shizuoka Online processes information it obtains as statistical data which cannot identify a specific User and will not provide such information as personal information defined in the preceding Article or in a condition or form that allows easy reference to personal information unless Shizuoka Online is required to disclose or provide such information by law or by any public agency or investigative agency.
Article 7. Prohibited Conduct
When using the Service, you must not engage in any conduct prohibited in applicable laws and regulations or any conduct that is classified as any of the conduct described in the following Sub-Paragraphs:
- Interruption of the provision of the Service or the use of the Service by other Users or causing disruptions to such provision or use;
- Infringement or threatened infringement of Shizuoka Online's or any third party's copyrights or other rights,
- Infringement or threatened infringement of Shizuoka Online's or any third party's property or privacy;
- Conduct that is or is likely to be detrimental to Shizuoka Online or any third party or causes or is likely to cause any loss or damage to Shizuoka Online or any third party;
- Defamation of Shizuoka Online or any third party;
- Unlawful collection or disclosure of information held by Shizuoka Online or any third party;
- Conduct that disturbs or is likely to disturb public order and morality or provision to others of information that disturbs or is likely to disturb public order and morality;
- A criminal offense or conduct that leads or is likely to lead to a criminal offense;
- Use or provision of computer viruses or other malicious programs through or in relation to the Service;
- Transmission of a large amount of emails to or solicitation of specific or unspecific members of the general public for the purpose of mail order sales, multiple-level marketing transactions, or business opportunity related sales transactions, or for any other purposes;
- Conduct that is or is likely to be in breach of the Act on Prohibition of Unauthorized Computer Access;
- Conduct that is deemed to be likely to contribute to economic benefits to a boryokudan crime syndicate as defined in Article 2, Sub-Paragraph 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991),
- Conduct that is intended to provide services to third parties with or without charge,
- Any other conduct that Shizuoka Online deems inappropriate.
Article 8. Disclaimer
- You must arrange for communication devices or software necessary to use the Service ("Your Devices") on your own responsibility and at your own cost and expense. You are responsible for providing security measures to protect Your Devices and your important information at your discretion and Shizuoka Online will not be liable in any way whatsoever.
- Due to the nature of a public wireless LAN service, it is likely that other Users connecting to the same wireless LAN as you may gain access to your terminal or other devices and view information stored on them. You must be aware of and pay attention to the nature of a public wireless LAN service before using the Service. Shizuoka Online will not be liable in any way whatsoever for any failure of or unauthorized access to your terminal or other devices, information leakage, or virus intrusions as a result of your use of the Service.
- Shizuoka Online does not warrant that the Service is free from failures, errors, faults, or other defects and is provided without interruption. Shizuoka Online will not be liable for restoring or rectifying any failure of the Service of any kind whatsoever.
- Shizuoka Online will not be liable in any way whatsoever for any loss, damage, or trouble caused due to your use of the Service or your inability to use the Service.
- Shizuoka Online will not be liable in any way whatsoever for the use of the Service if:
- A connection to a public wireless LAN service cannot be properly established;
- Transmission speed is reduced due to radio wave or network conditions;
- Personal information or communication details are leaked as a result of the willful interception of radio waves by a third party with malicious intent;
- Any problem is caused due to the use of a public wireless LAN service.
- Shizuoka Online will not be liable in any way whatsoever for any loss, damage, or trouble caused to you regardless of however it may be caused if:
- You are unable to use the Service with Your Devices or in an environment arranged by you;
- Shizuoka Online changes the Service or discontinues the provision of the Service;
- Any failure is caused to your terminal, operating system, browser, software, or any other ancillary equipment or your data is lost or damaged due to the use of the Service;
- When using the Service, either you and other Users or you and third parties breach laws and regulations, disturb public order and morality, damage each other's reputation, insult each other, invade each other's privacy, or intimidate, defame, or harass each other.
- Shizuoka Online makes no warranties, whether express or implied, as to the accuracy, completeness, currentness, or quality of information presented on the Service. Shizuoka Online will not be liable in any way whatsoever for any loss, damage, or trouble caused to you in relation to information displayed on the Service or any changes or updates of such information.
Article 9. Changes, Suspension, or Discontinuation of the Service
Shizuoka Online may sometimes temporarily interrupt or suspend the Service without giving prior notice to you. Shizuoka Online will not be liable to you in any way whatsoever if it interrupts or suspends the Service.
Article 10. Ownership
All programs, software, services, procedures, trademarks, and trade names that constitute the Service or services provided by third parties or all aspects of technologies incidental to such services belong to Shizuoka Online or the providers of such services or technologies.
Article 11. Copyrights
- You may not, without obtaining the copyright holders' consent, use any information or files provided through the Service in any manner whatsoever beyond the extent permitted in the Copyright Act for you to reproduce the same for personal use.
- You may not, without obtaining the copyright holders' consent, cause any third party to use or to make available any information or files provided through the Service in any manner whatsoever.
- If any dispute arises as a result of your breach of any of the provisions of this Article, you will resolve the dispute at your own cost and expense and on your own responsibility and in any event you will indemnify and hold Shizuoka Online harmless against any loss or damage.
Article 12. Governing Law and Jurisdiction
The Terms of Service shall be governed by the laws of Japan. It is agreed that a summary court or district court that has the jurisdiction of the principal office of Shizuoka Online will have the exclusive jurisdiction over the first instance to resolve any legal dispute arising between Shizuoka Online and you in relation to the Service or the Terms of Service.