Terms of Use for SoftBank Wi-Fi spot (EX)
SoftBank Corp.
[Note]
Please note that this document is an unofficial translation and was prepared for reference purpose only. The original release is in Japanese.
Chapter 1 General Provisions
Article 1 (Application of these Terms of Use)
- These Terms of Use shall apply to the use of SoftBank Wi-Fi spot (EX) provided by SoftBank Corp. (hereinafter "Company").
- Company may modify the Terms of Use by notifying users through a method predetermined by the Company. In such cases, the conditions for offering "SoftBank Wi-Fi spot (EX)" shall be in accordance with the provisions of the modified Terms of Use.
Article 2 (Definition of Terms)
In these Terms of Use, the following terms are used with each of the following meanings.
- (1) "Service" refers to "SoftBank Wi-Fi spot (EX)," which is a telecommunication service to make an internet connection using Wireless LAN Device in the Provided Area.
- (2) "Service Agreement" refers to an agreement which must be entered into to purchase the Right to Use of the Service under these Terms of Use to use the Service.
- (3) "Applicant" means a person who made the Service Agreement application to the Company.
- (4) "User" means one of those Applicants who entered into a Service Agreement with the Company.
- (5) The "Provided Area" refers to the reach of the radio wave identified by the SSID specified in Exhibit 1 from Wireless Base.
- (6) "Wireless Base Station Equipment" refers to an exchange installation installed to accommodate a radio link (including equipment that is connected to such exchange installation).
- (7) "Installation Site of Wireless Base Station Equipment "refers to where Wireless Base Station Equipment is installed.
- (8) "Wireless LAN Device" refers to the antenna equipment and a radio transmitter / receiver of the User used in the Provided Area which functions to communicate with the Company's Wireless Base Station Equipment.
- (9) "Radio link" refers to a telecommunications line installed between Wireless Base Station Equipment and Wireless LAN Device.
- (10) "Telecommunications Service" means transmitting the communication of others using telecommunications facilities or offering telecommunications facilities for the communication of others.
- (11) "Right to Use" refers to the right to use the Service granted by Company to the User who paid a fee for the Service.
Chapter 2 Service Agreement
Article 3 (Unit of Service Agreement)
Company shall enter into one Service Agreement for each Applicant. In this case, the number of the User who is able to use the Service under one Service Agreement is limited to one.
Article 4 (Method of Application)
The person who wishes to use the Service shall apply for the Service Agreement and purchase the Right to Use individually using a method specified by the Company.
Article 5 (Qualifications and Conditions of Application and Conclusion of the Service Agreement)
- Company shall accept the application of the Service Agreement only if it passes the examination of Company and the Service Agreement is concluded at the time of the acceptance of application.
- The acceptance prescribed in the preceding paragraph shall be given with the approval of the purchase of the Right to Use set forth in Article 6.
- If the Service Agreement is concluded, Company shall grant a user ID and password to the User.
Article 6 (Purchase of the Right to Use)
- When Company accepts the application for the purchase of the Right to Use by the User by the method designated by Company, Company shall grant the Right to Use for the user ID granted pursuant to paragraph 2 of the preceding Article. The kind of Right to Use and how to buy and settle the Right to Use shall be set forth in Exhibit 2.
- If the Right to Use under the preceding paragraph is granted, the User shall pay for the Right to Use regardless of whether the User uses the Service.
Article 7 (Prohibition of Transfer of Rights under the Service Agreement)
User's right to receive the offering of the Service under the Service Agreement shall not be transferred.
Chapter 3 Offering of the Service
Article 8 (the Area in which the Service is provided)
- Company will provide this Service in the Provided Area.
- The User agrees in advance that the Provided Area may be changed due to additions or deletions and Company shall not bear any responsibility for any changes with respect to the Provided Area.
- The provision of paragraph 1 does not guarantee that the Service is always available in the Provided Area.
Article 9 (Communication)
This Service is able to perform communication by the interface defined by Company for each Installation Site of Wireless Base Station Equipment out of the interfaces compliant with IEEE802.11b, IEEE802.11g, IEEE802.11n, IEEE802.11ac, or IEEE802.11ax. However, Company does not guarantee the code transmission rate set forth in each interface.
Article 10 (Limitation by a Radio Link)
In this Service, the User consents to the possible existence of a state in which the transmission rate of radio communication decreases or fluctuates, a state in which code error occurs, or a state in which this Service is not available at all for the following reasons;
- (1) line distance of the radio link and the condition of Wireless Base Station Equipment
- (2) radio disturbance or radio interference etc. caused by signal leakage from telecommunications circuit facilities of other telecommunications services
- (3) radio disturbance or radio interference caused etc. due to the occurrence of electromagnetic waves from electronic products and special medical equipment
- (4) radio interference caused by shielding
- (5) events equivalent to any of the preceding items
Article 11 (Restrictions on Use)
- Due to unavoidable technical reasons etc., Company may inspect the Wireless Base Station Equipment or relocate, expand, or reduce all or part of the Wireless Base Station Equipment without prior notice. In such cases, Company may no longer be able to perform the Service even in the Provided Area.
- Because there is only a limited number of possible concurrent connections for the Wireless Base Station Equipment, when the maximum number of concurrent connections has been exceeded, including when the Equipment is in use by third parties such as other Users, it becomes unavailable. In addition, the maximum number of concurrent connections may differ depending on the usage situation of third parties who are connected at the same time.
- If the address of information that the User is trying to browse through this Service is included in address lists of child pornography provided by the organization which manages and creates address lists of child pornography, other businesses affiliated with the Service may limit the viewing of such information. In addition, access to information determined to be child pornography and to which access is limited by other businesses may be limited in this Service by Company.
- Depending on the type of Wireless LAN Device, Company may not be available to provide this Service in some of the Provided Area.
- Company may limit communication relating to a particular software or communication protocol separately determined by Company when the User communicates using this Service.
- Company may gather, analyze and storage information necessary for limitation of communication prescribed in this Article.
- Simultaneous multiple connections by single user ID are not possible.
- If an act of God, accidents, and other emergency occurs or if there is a risk of such events and deemed necessary by Company, to deal with on a priority basis the communication necessary for disaster prevention, saving, transportation, communication, securing the supply of power, or maintaining of order and communication of which content is a matter of urgency for the benefit of the public, as to communication using a radio link, Company may take measures to stop the use of the communication using anything other than radio links placed in institutions listed in Exhibit 3 (this is limited to radio links determined by Company by discussion with such institutions).
Article 12 (Notification)
Company may distribute information in relation to the Service to the mail address that the User has registered at the time of application of the Service Agreement (free of information charge, communication fee is dependent on the communication environment of the User).
Chapter 4 Fee for Use etc.
Article 13 (Fee for Use, etc.)
Fee for this Service is as defined in Exhibit 2.
Chapter 5 the User's Responsibility
Article 14 (Use of the Service)
- The User shall have the full responsibility for the use of the Service and the result of such use. In the unlikely event in which other User or a third party files a claim, litigation or other dispute against Company that are related to, or resulting from, use of this Service by the User, the User shall resolve such disputes at its own cost and responsibility and compensate for damage if there is a financial burden to Company.
- The use of the Service may be limited due to working days and hours of operation of the Installation Site of Wireless Base Station Equipment. Further, the Service should not be used in locations managed by persons other than the person who manages the Installation Site of Wireless Base Station.
Article 15 (Management of ID)
- The User is responsible for managing the user ID and password of the Service provided by Company to the User (hereinafter "ID, etc.").
- If use of this Service using the ID, etc. is started, a subsequent series of communications until logout are deemed as the communication of the User to whom the ID, etc. is provided.
- Company is not responsible for damages caused by misuse or use by a third party of the ID, etc., provided however, this shall not apply in cases where there is willful purpose or gross negligence at Company.
- Transfer, change and loan of the ID, etc. are not possible.
Article 16 (Prohibition)
The User shall not perform acts specified in Exhibit 4 in relation to use of the Service.
Article 17 (the Management of Wireless LAN Device)
- The User shall maintain a Wireless LAN Device necessary to access the Service at its own cost and responsibility.
- In view of the Service using a radio link in a public place, the User shall give their full attention including but not limited to implementing appropriate security measures to the Wireless LAN Device at their own cost and the responsibility.
- In case the User is not able to use the Service or is incurred damage by a third party, Company shall not bear any responsibility or respond to claim of return and reduction of fee.
Article 18 (Change of Registration Information, etc.)
he User, in cases where there is a change to the information they have registered at the time of application of the Service Agreement, shall promptly notify Company of such change in the manner prescribed by the Company.
Chapter 6 Suspension of the Service
Article 19 (Suspension of use of the Services for the reasons of the User)
Company may stop the use of the Service when any of the following applies to the User;(1)
- (1) when the User does not pay for the fee or other obligation (it shall not be limited to the obligation under the Service Agreement) to Company even after the due date,
- (2) when the User performs any act that causes, or may cause, a considerable impediment to Company's operations or Company's telecommunications facilities, and
- (3) when the User performs any act that may cause a considerable impediment to Company's operations in relation to the Service or Company's telecommunications facilities
Article 20 (Limitation of Liability)
If Company did not provide the Service for reasons attributable to Company in cases where Company should provide the Service,
- Company shall respond to the User's claim for damages only if the state in which the Service becomes unavailable in all of the Provided Area (including the state in which significant hindrance arises to the Service and therefore the Service is practically not available at all. The same applies hereafter.) continues to exist for more than 24 hours from the time Company became aware of such state.
- The scope of damages in the case of the preceding paragraph shall be calculated according to the time during which the Service was not available in all of the Provided Area for the User (limited to parts multiple of 24 hours). In addition, the scope of damages set forth in the preceding paragraph shall be limited to actual and general damages to the User and the total amount shall not exceed the equivalent of fees for the time during which the Service was not available at all in all of the Provided Area. Company shall have no obligation to compensate for damages exceeding such amount under any circumstances.
- The provisions of the preceding two paragraphs shall not apply in cases where there is willful purpose or gross negligence at Company.
Article 21 (Exemption of Liability)
- Company makes no warranty on any matter including but not limited to completeness, accuracy, reliability, usability or any other item of information, etc. obtained by the User through the Service and does not assume responsibility for damage caused due to the information, etc.
- Notwithstanding of the other provisions of the Service Agreement, Company shall not assume any liability for damages arising from acts of God, accident, network failure of uncertain reason and other force majeure. In addition, regardless of the presence or absence of predictability of Company, Company shall not be liable for damages of any kind for damage caused from special circumstances, lost profits or indirect damages unless there is gross negligence or willful purpose at Company.
- Even if modifications, replacement or configuration changes, etc., of Wireless LAN Device equipment are required due to a change of the Service Agreement, Company shall not bear the cost of doing so.
- In addition to the cases explicitly prescribed in the preceding Article and these Terms of Use, unless there is willful purpose or gross negligence at Company, Company is not obligated to compensate for the damage to the User, nor to reduce or return the fee.
Chapter 7 Termination of the Service Agreement
Article 22 (Cancellation of the Service Agreement by the User)
If the User wishes to cancel the Service Agreement, the User shall conduct the cancellation procedure individually in the manner specified by Company.
Article 23 (Termination of the Service Agreement)
- If Company knows that the User no longer meets the requirements of acceptance of the application of the Service Agreement determined by Company, the Service Agreement shall automatically terminate without any indication of intention of Company.
- If the Right to Use has not been purchased for half a year from the date on which the period of use of the Right to Use was purchased for the last time has expired, the Service Agreement shall be terminated and all User registration information shall be deleted automatically. In such cases, the User shall make a new application to use the Service Agreement if they want to use the Service. (This does not constitute a guarantee of conclusion of the Service Agreement with Company).
Article 24 (Cancellation of the Service Agreement by Company)
Company may cancel the Service Agreement in the following cases;
- (1) when the User falls under the circumstances set forth in Article 19, and
- (2) if the User violates Article 16 and it is found that such fact causes significant hindrance to implementation of Company's business regarding the Service.
Chapter 8 Others
Article 25 (Handling of Personal Information)
Company shall treat personal information relating to the User in accordance with our Privacy Policy posted on our website set forth in Exhibit 6.
Article 26 (Maintenance Responsibility of Company)
Company shall maintain telecommunications installed by Company in such a manner as to comply with the Rules for business telecommunications facilities (No. 30 of the Ordinance of the Ministry of Posts and Telecommunications, 1985).
Article 27 (Agreed Jurisdiction)
If there is a need for action in relation to the Service Agreement between the Company and the User, the district court with jurisdiction over the location of the head office of Company shall be the agreed exclusive jurisdiction of a court of first instance.
Issue date: April 23, 2012 Revised date: July 1, 2015 Revised date: June 18, 2018 Revised date: May 15, 2020 Revised date: March 18, 2021
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Supplementary Provision
Company may change part of conditions for the Service specified by the Terms of Use, including but not limited to application method, fee for use, qualification of application, conditions for the cancellation, and provide the Services for campaigns and discount services provided by Company. The contents and conditions subject to change shall be notified individually by means prescribed by Company including, but not limited to, e-mail and Company's website.
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Exhibit 1
SSID determined by Company shall be as follows;
- SWS1day
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Exhibit 2
Fee for use and rights
Name of plans | Fee for use (including tax) | Availability period | Others |
Plan for 24 hours | JPY514 | Available 24 hours from the time Company accepts the application for purchase by the User | End date and time of the Right to Use will be separately notified in an email. |
How to purchase the Right to Use
Application from the web site provided by Company, which is automatically connected from the access point
The settlement method
Payment by credit card issued by the companies designated by Company End of text
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Exhibit 3
- (1) Meteorological organizations
- (2) Flood control agencies
- (3) Firefighting agencies
- (4) Disaster relief organizations
- (5) Police agencies (including maritime security agencies)
- (6) Defense agencies
- (7) Institutions directly related to securing transport
- (8) Institutions directly related to securing communication
- (9) Institutions directly related to securing power supply
- (10) Institutions directly related to securing gas supply
- (11) Institutions directly related to securing water supply
- (12) Election management institutions
- (13) Newspaper publishers, broadcasters, news service agencies complying with the standards set forth in Exhibit 5
- (14) Financial institutions to perform banking service
- (15) State or local government agencies
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Exhibit 4
- (1) Acts that infringe, or may infringe, on Company's, or a third party's, copyrights, trademarks or other intellectual property rights
- (2) Acts that infringe, or may infringe, on property, privacy or any right of publicity of a third party
- (3) Unfairly discriminating, insulting, or slandering others or encouraging unfair discrimination against others, or damaging the honor or trust of others
- (4) Acts that lead to, or are highly likely to lead to, crimes including, but not limited to, fraud, child prostitution, illegal transaction of savings accounts and mobile phones
- (5) Transmitting or displaying images, movies, sounds, or documents falling into obscenity, child pornography, or child abuse
- (6) Acts that lead to, or are highly likely to lead to, abuse of a controlled substance, or advertise unauthorized pharmaceuticals
- (7) Advertising of money lending without a registration to engage in money lending business
- (8) Engaging in, or soliciting, pyramiding sales (nezumi-ko)
- (9) Illegally rewriting or erasing information stored in Company's facilities
- (10) Pretending to be someone else and using the Service
- (11) Transmitting or leaving in a state that allows others to receive harmful computer programs such as viruses
- (12) Sending spam (e-mail advertising or solicitation sent to others without authorization or e-mail inciting, or likely to incite, others toward a feeling of disgust in light of common sense
- (13) Operating websites that use spam to solicit customers
- (14) Obtaining e-mail or information from others by using the Service
- (15) Acts that interfere, or may interfere, with the use or operation of facilities of others or the Service
- (16) Having others engage in illegal gambling or soliciting others to participate in illegal gambling
- (17) Undertaking, mediating, or soliciting (including asking others) of illegal acts (including, but not limited to, the transfer of handguns, illegal manufacture of explosives, provision of child pornography, counterfeiting official documents, murder, intimidation)
- (18) Indiscriminate sending of cruel information such as images of murder, information such as images of killing or abusing animals, or other information significantly inciting in others a feeling of disgust in light of common sense
- (19) Inducing or soliciting others to commit suicide, or introducing means to commit suicide with a high risk of harming a third party
- (20) Encouraging unspecified persons to post information which leads to, or is highly likely to lead to, crime or illegal activity, or information unduly insulting or slandering others, or violating their privacy
- (21) Obtaining, or potentially obtaining, information such as user ID or password of others by using websites, e-mail etc., contrary to the intention of such persons due to a mistake of the persons to whom the information belongs to
- (22) Establishing a link to web sites of third parties for the purpose of encouraging certain acts while knowing such acts fall under any of the preceding items, and
- (23) Other acts determined by Company as violations of public policy or the rights of others
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Exhibit 5
Company shall make the final decision whether the following criteria are applicable based on our research.
- (1) Newspaper publisher
A newspaper publisher that issues a daily newspaper complying with all of the following criteria;- Newspaper universally available for the purpose of reporting or discussing political matters, economic matters, cultural matters and other public matters
- The circulation for one title is at least 8,000.
- (2) Broadcaster
A person who has received a license for a broadcast station in accordance with the provisions of the Radio Law (Law No. 131 of 1950) - (3) News Agency
A news agency existing mainly for the purpose of supplying news (news or information (excluding advertisements) to be posted in a daily newspaper with all of the criteria of column 1 or to be broadcast by a broadcaster) to newspaper publishers or broadcasters
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Exhibit 6
Action guidelines for the protection of personal information
https://www.softbank.jp/en/corp/group/sbm/privacy/policy/
Handling of Personal Information in Telecommunication Business
https://www.softbank.jp/en/corp/group/sbm/privacy/telecom/
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