Free Wi-Fi Service Terms of Use
These "Terms and Conditions of Service" (hereinafter referred to as "Terms and Conditions") are the terms and conditions for using the Internet connection services (hereinafter referred to as "Service") provided by Fibergate Corporation (hereinafter referred to as "Company").
The terms and conditions of this Agreement are set forth for those who connect to and use the Company's services (hereinafter referred to as "Users").
Article 1 (Amendment to these General Terms and Conditions)
1. The Company may change the clauses without the User's consent in any of the following cases. In this case, the user shall comply with the amended clauses.
(1) If the changes to the clauses do not substantially affect the contents, such as service names,expressions, or correction of typographical errors or omissions.
(2) When the modification of these terms and conditions is compatible with the general interest of the user.
(3) If the content of the amendments is not inconsistent with the purpose of the contract,and moreover the necessity of the amendment and such content are reasonable that amendment with other related circumstances
2. Users who use the Service after changes are made to these amendments will be adjusted to have agreed to such changes.
Article 2 (Scope of these General Terms and Conditions)
Individual regulations and other terms of use, etc., and separately established by the Company,(hereinafter collectively referred to as the "Terms of Use, etc.")regardless of their names these Terms of Uses shall be adjusted to be a part of it.In the event of a conflict between these Terms and Conditions or the Terms of Use, etc., the latter shall prevail.
Article 3 (Use of this Service)
Regarding using the Service, users will be required to register which displayed when they try to connect.In addition, only terminal equipment that has obtained a certificate of conformity to the technical standards, etc., in Japan may be used.
Article 4 (Application for Wi-Fi Service)
When the user connects to the Wi-Fi service provided by us, they are required to complete the information on the screen displayed on their connecting terminal through our user authentication system and agree to these terms and conditions.(Hereinafter referred to as "Authentication System",When the Wi-Fi Service and the Authentication System are collectively referred to as the "the Service" )"
Article 5 (Cessation or Suspension of Provision of the Service)
We may terminate or suspend the provision of the Service if any of the following occurs
a. During the maintenance or construction of our equipment
b. If it becomes difficult for the Company to provide the Services when the telecommunications operator except us ceases to provide telecommunications services
c. In the event service cannot be provided normally due to natural disaster, fire, theft, cyber-attack or other emergency
d. In addition, if we determines that necessary to suspend or discontinue the operation of this service
Article 6 (Support Center)
Inquiries and reception hours for our support center regarding the use of this service shall be as follows.
a. Business hours:Monday-Friday (except national holidays and year-end and New Year holidays) 10:00-20:00
b. Business hours: Saturdays, Sundays and national holidays (except year-end and New Year holidays) 10:00-17:00
Article 7 (Restriction of Communications)
1. We may control communications or limit bandwidth for users who consistently engage in a high volume of communications that significantly exceeds average usage and creates an excessive load on us or a third party's network
2. We may regulate the amount of bandwidth assigned to communications made using our prescribed procedures.We are not obligated to restore or correct any issues with communication bandwidth control or other service failures
Article 8 (Prohibition of resale)
Users are not permitted to resell this service or make it available to third parties
Article 9 (Prohibited Items)
1. In addition to the previous article,We stipulates that the following actions are prohibited when using the Service and also the User is not allowed to do any of the following actions
a. Infringe any intellectual property or other proprietary rights, such as copyrights and trademarks, belonging to a third party or to us
b. Slander or defamation of a third party or us, either damage to the reputation or credibility
c. Fraudulent or threatening behaviour towards third parties or us
d. Acts that are detrimental to a third party or to us
e. Violation of the privacy or publicity rights of a third party
f. Acts of indiscriminate or mass sending of emails etc. against the will of the recipient
g. Use the Services in a way that damages the credibility of us or the Services
h. Violating the Public Offices Election Act
i. Transmission or display of obscene, child pornography or child abuse images, text, etc
j. Acts of establishing or soliciting the establishment of a pyramid scheme
k. Acting to transmit images or data that inappropriate for minors, either selling or distributing media containing such images or data or other adult products
l. Acts that are illegal or contrary to public order and morals (violence, prostitution, cruelty, blasphemous acts and speech, etc.)
m. Other acts that violate laws and regulations, or acts that violate or are likely to violate treaties, including export laws and regulations
n. Acts that seriously affect the equipment, third party equipment, our's or third party's business, or the Internet connectivity environment.
o. Other actions that we considers to be non-conforming
2. If we determines that a User is covered by any of the items in the preceding paragraph, may take the following actions without notice or other proceedings
a. We may request the User to stop, correct, or move data, or take other necessary measures, etc.
b. To display the user by us,to place all or part of the information, data, etc. transmitted or stored by the user in a state that cannot be viewed by others, or to delete the information, data, etc
c. Suspension of all or part of the Services of the User by us
d. Claiming damages from the Company against the User
e. In addition,we may take necessary measures to stop prohibited acts by users
Article 10 (compensation for damages)
We shall not be liable for any compensation to the user in providing the Service.
Article 11 (Responsibilities of Users)
1. If a user causes damage to us or to a third party by an act that falls under Article 9 (Prohibited Matters), the user shall bear all legal responsibility for the damage,even after the loss of user privileges, and shall not cause any inconvenience to us
2. In order to connect to the Wi-Fi service, the user must use a VPN (Virtual Private Network) or similar for communications that require security and use the service at their own risk
Article 12 (Utilization of other networks)
1. When users may use or transit lines, etc. (whether domestic or foreign), networks, equipment, etc. of telecommunications carriers other than us, the rules of the applicable network must be followed
2. Any problems caused by the User as a result of the matters set out in the previous paragraph must be resolved at the their own risk and expense.In addition, if we discover that the equipment installed by the User is transmitting illegal data, sending spam or being used as a springboard, may terminate the connection immediately without notice.
Article 13 (non-guaranteed)
1. We cannot control the content of information passing through host computer, network access center and the access point.With respect to the above information, we makes no warranties of any kind
2. We reserve the right to change all or part of the content, specifications, etc. of the Service,and make no warranties as to the completeness, accuracy, certainty or usefulness of such content, etc
Article 14 (Handling of Personal Information)
1. We will comply with the Personal Information Protection Act and related regulations, as well as regulations regarding information about individuals (hereinafter referred to as "personal information, etc.") prescribed by local government-related regulations, etc., and handle it in a lawful and fair manner
2. In providing the Service, we protect the confidentiality of communications handled on the basis of Article 4 of the Telecommunications Business Act, which will be used or retained to the extent necessary to ensure the smooth operation of the service
3. We may not use any personal information etc. of users that it has obtained in connection with the provision of this service, except in the cases listed in the following points
a. When we contact users by direct mail, etc., in order to information about our or our contractors' products and services
b. To improve the service by aggregating and analysing personal information, etc.
c. If the information resulting from the aggregation and analysis in the previous point is disclosed or made available to a third party in a form that does not permit the identification or attribution of individuals.
d. Where it is necessary to disclose or provide information for investigation and response in the event of a failure, malfunction or accident of the Service
e. Where there is imminent danger to someone's life, body or property and there is an urgent need
4. If we receive a request in accordance with the legal procedures set out below, Notwithstanding the provisions of the previous paragraph, personal information, etc. may be disclosed to the relevant public institution or third party
a. Where a compulsory execution is carried out under Article 218 of the Code of Criminal Procedure (search by warrant) or other code provisions
b. Limitation of liability for damages of specified telecommunications service providers and when the requirements for a disclosure request based on Article 4 of the Act on Disclosure of Caller Information (Request for Disclosure of Caller Information, etc.) are fulfilled
c. When there is a written request from a public authority following a fair procedure for cooperating in investigating an urgent criminal offence
Article 15 (Governing Law and Court of Jurisdiction)
1. The formation, validity, interpretation and execution of these Terms and shall be governed by the laws of Japan
2. For the resolution of disputes in relation to these terms and conditions, the district court or summary court that has jurisdiction over the defendant's head office shall have exclusive jurisdiction in the first instance
Supplementary provisions
Revised: May 15, 2024