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Chapter 1: General Provisions
Article 1: Application of Terms and Conditions
- The Company shall provide BizPortal Service (hereinafter in referred
to as "Service") hereunder.
- Users and holders of the ID and Password hereby agree to comply
with the Terms and Conditions.
- The Terms and Conditions shall not be applied to persons who use
the Service through a company designated by the Company.
Article 2: Definition
- BizPortal Service ("Service")
An Internet access service using the wireless LAN provided by the
Company.
- Portal Site
The first web page visited by users and persons who wish to become
users when using the Internet based on the Service. The Portal Site
can also be accessed from outside the service area (www.bizportal.jp).
- One Time Card
A card issued by the Company, which states the "ID" and
a corresponding "password" for using the Service (hereinafter
collectively referred to as "ID and Password").
The One Day Card and Seven Days Card are available, according to the
number of hours for which the Service can be used.
- User
A person who enters the ID and Password issued by the Company from
the Portal Site screen by the method defined by the Company, registers
the user information specified by the Company (hereinafter referred
to as "User Information") and receives the Service thereby.
- Holder of ID and Password
A person who has acquired the ID and Password issued by the Company
by purchasing a One Time Card from the Company”Ēs sales agent or by
other means.
Article 3: Announcement
-
- Service-related announcements, notices, reports and other communication
by the Company to users and holders of the ID and Password shall be
made on the Portal Site screen and/or by other methods regarded appropriate
by the Company.
Article 4: Modifications to the Terms and Conditions
- The Company may modify the Terms and Conditions from time to time.
- If the Terms and Conditions have been modified under the previous
paragraph, a notification shall be given based on the method set forth
in Article 3: Announcement hereof, and the modified Terms and Conditions
shall be immediately applied to all Service users and holders of the
ID and Password after the notification. Even if the Terms and Conditions
have been modified, in cases where the Service has been initiated
prior to the modification, or in cases where a One Time Card purchased
prior to the modification is to be used, the Service may be used based
on the existing charges.
Article 5: Exclusive Jurisdiction
-
- The parties hereby consent to the exclusive jurisdiction of Tokyo
District Court as the court of first instance for all disputes arising
between the Company and users or holders of ID and Password in relation
to the Service.
Article 6: Governing Law
-
- The Terms and Conditions shall be governed by Japanese law.
Article 7: Consultation
-
- If any doubts arise in regard to any matters not stated herein or
any clauses stated herein, the parties shall consult with each other
in good faith.
Chapter 2: Use of the Service
Article 8: Content of the Service
- The Service is a telecommunication service that transmits and exchanges
codes, audio or video based on Internet protocol for the purpose of
data communications. Users may access the Internet using the wireless
access facilities installed in places specified by the Company. Also,
users may receive the Printout Service at extra charge from printers
installed in places specified by the Company.
- The Company assures security in wireless sections using ESS-ID and
WEP key. However, the Company does not guarantee that the security
is perfectly assured thereby.
- The Company does not guarantee the quality of communication regarding
the use of the Internet involving telecommunication facilities connected
via a point of interface.
Article 9: Service Area
- The Service area shall correspond to the range of radio waves from
wireless access facilities installed by the Company. The details of
the Service area and the places where the Printout Service is available
shall be posted on the Portal Site screen.
- The Company may perform an inspection, relocation, etc. of the wireless
access facilities due to technical reasons and in other unavoidable
circumstances. In such cases, communication may become impossible
even within operating areas.
- The Service may be unavailable in certain hours in some operating
areas.
Article 10: User Equipment
- The user shall prepare appropriate terminals, network access equipment,
OS and software required to use the Service as well as any other ancillary
equipment required therewith (hereinafter referred to as "User
Equipment") under his/her responsibility and at his/her expense.
- The Company shall not be liable for any failures in the hardware
or software relating to the User Equipment resulting from the use
of the Service by the user.
Article 11: Abolition of the Service
- The Company may temporarily or permanently abolish all or part of
the Service at its convenience.
- If the Company is to abolish the Service under the provision of
the previous paragraph, the Company shall make a notification at least
90 days before the abolition based on the method set forth in Article
3: Announcemen thereof.
Article 12: Commencement of Use
- The Service can be used based on the following methods.
| (1) |
One Time Card Method:
Purchase or otherwise obtain a One Time Card to acquire the
ID and Password issued by the Company stated in the One Time
Card (the ID and Password will appear by scratching the silver
parts on the Card with a coin, etc.) and register the User Information
by the method specified by the Company. |
| (2) |
Web One Time Method
Register the user”Ēs credit card number, etc. following the instructions
on the Portal Site screen to undergo cardholder authentication
by the credit card company, acquire the ID and Password issued
by the Company (the ID and Password will be displayed on the
Portal Site screen) and register the User Information by the
method specified by the Company. The Web One Time method cannot
be used if cardholder authentication by the credit card company
is unsuccessful. |
- The use of the Service shall be deemed to have started when the
registration under the provision of the previous paragraph is completed.
Article 13: Period of Use
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- Depending on the options chosen by the user when he/she starts to
use the Service, the Service shall be terminated when the number of
hours set forth below has elapsed after he/she started to use the
Service. The number of hours for which the Service has been used shall
be calculated by continuously adding the hours together from the time
at which the user started using the Service, including the hours in
which the Service was not used by the user.
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| (1) |
One Time Card Method: One Day Card
24 hours from the time of starting to use the Service |
| (2) |
One Time Card Method: Seven Days Card
168 hours from the time of starting to use the Service |
| (3) |
Web One Time Method: One-day Use
24 hours from the time of starting to use the Service |
| (4) |
Web One Time Method: Seven-day Use
168 hours from the time of starting to use the Service |
Article 14: Prohibition of Transfer
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- The user is not permitted to transfer the right to use the Service
once he/she has started to use the Service.
Article 15: Help Desk
- The Company shall respond to questions about the connection and
use of the Service by telephone (hereinafter referred to as "Help
Desk").
- The scope of the Help Desk service shall be limited to matters relating
to the connection and use of the Service, and shall exclude matters
relating to the OS and other software of the user”Ēs access terminal.
- The service hours of the Help Desk shall be from 9:00am to 5:00pm
excluding weekends, national holidays and year-end/new-year holidays.
Chapter 3: Charges
Article 16: Charges
- The Service charges shall be as set forth in the table of charges.
Extra charges shall be collected for the Printout Service according
to the amount of usage.
- The Company may revise the Service charges at its convenience. However,
even if charges have been revised, neither any new charges shall be
collected nor any reimbursements shall be given accounting for the
difference in charges before and after the revision with respect to
a One Time Card purchased prior to the revision.
Article 17: Payment Method
- Users shall pay the Service charges and the consumption tax levied
thereon by one of the following methods.
| (1) |
One Time Card Method
Purchase a One Time Card so that the amount paid for purchasing
the Card constitutes the payment for the Service charges. |
| (2) |
Web One Time Method
Pay the Service charges by debiting the user”Ēs credit card issued
by a credit card company approved by the Company (JCB, VISA,
MasterCard and American Express) under the terms and conditions
of the agreement by the credit card company. |
| (3) |
Other payment methods set forth by the Company |
- Users of the Printout Service shall pay the charges therefor at
places where printers are installed as specified by the Company.
- Regardless of whether the user has started using the Service, the
One Time Card shall not be reimbursed, converted into cash or reissued.
Furthermore, the Company shall not be liable for the loss, damage,
etc. of the One Time Card.
- Once a payment has been settled by credit card under paragraph 1
of this Article, the Company shall not give any refund under any circumstances.
Chapter 4: User”Ēs Duty
Article 18: Management of ID and Password
- Users and holders of ID and Password shall manage the ID and Password
under their own responsibilities, and shall manage the ID and Password
issued by the Company with due care when using the Service so that
no one else will find the ID and Password.
- The user hereby agrees that in cases where the ID and Password concerning
the use of the Service has been used by a third party without his/her
permission, the user will be deemed to have used the Service and shall
bear all debts arising from such use of the Service (including the
payment of damages if damages have been incurred by the Company as
a result thereof).
- The holder of ID and Password. hereby agrees that in cases where
the acquired ID and Password. has been used by a third party without
his/her permission, the Company shall not reissue the ID and Password.
or reimburse the charges (One Time Card).
Article 19: Principle of Self Responsibility
- If the user inflicts damage on another person (regardless of whether
it is at home or abroad, hereinafter the same) in association with
the use of the service and is informed of the other person”Ēs claim,
he/she shall resolve the matter under his/her responsibility and at
his/her expense. The same shall apply to cases in which the user suffers
from damages in association with the use of the Service or makes a
claim against another person.
- The Company may claim damages against the user if the user has inflicted
damages on the Company intentionally or by negligence.
Article 20: Prohibited Acts
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- When using the Service, the users shall not perform:
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| (1) |
An act that infringes or might infringe
another person”Ēs intellectual property rights (patent, utility
model, copyright, design right, registered trademark, etc.)
or other rights; |
| (2) |
An act that infringes or might infringe
another person”Ēs property, privacy or portrait right; |
| (3) |
An act of slander or defamation of another
person, or an act that injures another person”Ēs reputation or
credibility; |
| (4) |
A criminal act (such as fraud and obstruction
of business) or an act that provokes or incites such an act; |
| (5) |
An act of transmitting or posting an image
or document that constitutes obscenity, child pornography or
child abuse; |
| (6) |
An act of opening a multilevel marketing
scheme (pyramid sales scheme) or soliciting for such a scheme; |
| (7) |
An act of tampering with or deleting information
made available by the Service; |
| (8) |
An act of using the Service through impersonation
(including the act of meddling with mail headers, etc. to disguise
identity); |
| (9) |
An act of transmitting harmful computer
programs, etc., or leaving such programs, etc. in a state that
can be received by other people; |
| (10) |
An act of transmitting e-mail from the operating
area to a large number of unspecified persons without the recipient”Ēs
consent for commercial advertisement or solicitation purposes; |
| (11) |
An act of transmitting e-mail that is repulsive
or might be repulsive to another person from the operating area
without the recipient”Ēs consent; |
| (12) |
An act that obstructs or might obstruct
the use or administration of telecommunication facilities of
the Company or another person; |
| (13) |
An act of posting links in a manner that
promotes an act that corresponds to any of the previous paragraphs
despite having the knowledge that the act corresponds thereto;
or |
| (14) |
Other acts regarded by the Company to contravene
public order and/or morals or severely infringe another person”Ēs
right. |
Chapter 5: User Information
Article 21: Protection of User Information
-
- The Company and agents undertaking tasks outsourced by the Company
(hereinafter collectively referred to as "the Companies")
shall use or store User Information and other information on the user
acquired by the Companies through the operation of the Service (hereinafter
collectively referred to as "User Information") to the extent
necessary for ensuring the smooth provision of the Service.
Article 22: Provision of User Information
- The users hereby agree that the Companies may provide the User Information
to a third party in compliance with the provisions of laws, ordinances,
etc.
- In the case referred to in the previous paragraph, the Companies
shall exercise due care to protect the user”Ēs confidentiality of communications
and privacy.
Chapter 6: Use Restrictions
Article 23: Use Restrictions
- The Company may restrict the use of the Service or stop or suspend
the operation of the Service due to maintenance work on the facilities
for the Service, upon the occurrence of a force majeure event such
as natural disasters or for other reasons.
- If the Company is to stop or suspend the operation of the Service
under the provision of the previous paragraph, the Company shall make
notify to the users and holders of ID and Password. to that effect
in advance by the method set forth in Article 3: Announcemen thereof.
However, this may not be the case in emergencies.
Article 24: Suspension of Use
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- The Company may immediately suspend the use of the Service without
making any prior notification if the user:
| (1) |
Performs an act corresponding to Article
20: Prohibited Acts hereof; |
| (2) |
Declares or reports false User Information
to the Company; |
| (3) |
Violates the Terms and Conditions; or |
| (4) |
Is deemed by the Company to be inappropriate
as a user. |
Article 25: Failure of Use
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- Users may not be able to use the Service in the event of:
| (1) |
Radio failure, radio interference, etc.
due to signals from telecommunication facilities relating to
telecommunication services of the Company or an entity other
than the Company, electromagnetic waves generated by electric
products such as microwave ovens or special medical equipment
or shields, etc.; |
| (2) |
Severe congestion in communication; |
| (3) |
Simultaneous multiple communications in
excess of the numbers predetermined by the Company; or |
| (4) |
No communication by the user for a certain
period of time, in which case the Company may cut off the connection. |
Chapter 7: Damages
Article 26: Limited Liability for Damages and Special Provision on
Charges
- If users cannot use the Service at all in any of the Service areas
due to causes attributable to the Company (hereinafter referred to
as "unusable state"), in cases where the unusable state
continues for an hour or more after the Company learns about such
a state, the Company shall compensate users who started to use the
Service when the Company learned about the unusable state and have
not yet consumed the number of hours for which the Service can be
used, by extending the number of hours for which the Service can be
used by such users.
- The extension of the number of hours for which the Service can be
used referred to in the previous paragraph shall be given in the following
manner.
| (1) |
For users who use the One Time Card Method/One
Day Card and the Web One Time Method/One-day Use, the number
of hours for which the Service can be used shall be extended
to 24 hours from the time of the restoration of the Service.
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| (2) |
For users who use the One Time Card Method/Seven
Days Card and the Web One Time Method/Seven-day Use, the number
of hours for which the Service can be used shall be extended
to 168 hours from the time of the restoration of the Service.
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Article 27: Exemption
- The Company shall not be liable for damages incurred by the user
in relation to the use of the Service regardless of default liability,
tort liability or other legal liabilities, unless stipulated otherwise
herein.
- The Company shall not guarantee the completeness, accuracy, usefulness
or legitimacy of the information, software, etc. accessible through
the Service.
- The Company shall not be liable in any way for any disputes, etc.
arising between the user and another person due to the use of the
Service.
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