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Terms of "Free Internet Access" Service
Before use, please review the Terms of Service.
ARTICLE 1. General Rule
(Acceptance of Terms)
NTT Broadband Platform, Inc., (“NTTBP”), provides “Free Internet access” service, (the “Service”) to you, subject to these Terms of Service, (the “TOS”), which are described as below.
(Scope and Modification of the TOS)
- The Service is subject to the TOS applying for both you and NTTBP. As specified in SECTION 5 (Registration of Usage Agreement) and 6 (Concluding the Usage Agreement), after the usage agreement is concluded, you and NTTBP is fully responsible for complying the TOS.
- NTTBP may update the TOS without prior notice to you.
This TOS is governed by and construed in accordance with the laws of Japan.
(Court of Jurisdiction)
- In the event of any dispute arising in connection with this Service between you and NTTBP, both parties shall discuss to settle the matter in good faith.
- If the dispute noted in the previous item (1) is not settled between the two parties, it shall be brought exclusively into the Tokyo District Court or Tokyo Summary Court as a first instance of jurisdictional court.
ARTICLE 2. Concluding Usage Agreement
(Registration of the Usage Agreement)
You must agree this TOS if you are to use of this Service.
(Concluding the Usage Agreement)
At the time of using the Service, you agreed with the contents of TOS.
Furthermore, under any circumstances, if you use the Service anyhow, you are subject to have completed concluding the usage agreement regardless of any reason.
(Condition of Usage)
You shall prepare a communication device and its software necessary to use the Service with your own responsibility and expense.
(Restriction of Transfer)
You are not allowed to transfer of rights to use this Service to any third party.
ARTICLE 3. SERVICES
(Services to be Provided)
- NTTBP may change a part of or the whole Service for any reason whatsoever without prior notification to you.
- NTTBP may pause or terminate the Service for any reason whatsoever without prior notification to you.
- In the event described at the previous items (2) and (3), NTTBP is not liable to any damage or loss incurred to you or any third party/person.
(Usage for Information Provided by a Third Party)
You shall agree that any third party, who provides information through this Service, is fully responsible for all of its information, and NTTBP has no agreement regarding such information with you, thus is not responsible whatsoever with it.
(No Warranties for Information Provided by a Third Party)
- NTTBP does not warrant any of the products and services, which any third party provides, at all. Moreover, NTTBP does not warrant any of information, which any third party provides, at all in terms of but not limited to completeness, accuracy, certainty, and usefulness.
- NTTBP does not take any responsibility whatsoever for information provided from any third party to you, in the event of any dispute arising between you and the third party, and NTTBP is not liable to pay any cost and compensation for loss or damage.
ARTICLE 4. Service Charge
(Usage Fee etc)
The Service is provided to you free of charge.
ARTICLE 5. Your Obligations
- Any action that violates or may violate NTTBP’s copyright and/or other rights;
- Any action that invades or may invade a third party’s and/or NTTBP’s property of assets and/or privacy;
- Any action that causes or may cause damage, loss or detriment to a third party and/or NTTBP;
- Any action that defame a third party and/or NTTBP;
- Any action that is decided by NTTBP to be offensive or may be offensive to public order and morals, such as but not limited to act of obscenity, prostitution, violence, act of savagery, and abuse, or any action to provide such offensive and immoral information to any third party;
- Criminal action or any action that causes or may cause criminal action;
- Election campaign or anything similar to its kind regardless or whether it is during elections period or not;
- Any action relating to sex entertainment and/or proselytization;
- Any action intended to acquire profit using this Service such as but not limited to re-selling or renting the Service;
- Creating pyramid finance scheme, and/or solicit into such scheme;
- Transmitting (harassing) e-mail that is soliciting, may be soliciting and/or distributing literature, advertisement, fraud information, and/or disgusting contents;
- Sabotaging a third party and/or NTTBP from receiving e-mail, requesting to forward chain mail, which may include pious rumors, or forwarding such e-mail by accepting the request;
- Impersonate or misrepresent to use the Service;
- Manipulating and/or deleting a third party’s and/or NTTBP’s information, which becomes accessible by using this Service;
- Providing or using harmful application/program such as but not limited to computer viruses in connection with or relating to the Service
- Any action which is harassing and/or detrimental to a third party and/or NTTBP, or any action that may interfere the operation of the Service and/or the Service itself.
- Using this Service in such manner that causes serious disruption to other direct and/or indirect Service users
- Any other action that is or may be unlawful
- Any other action that is decided by NTTBP to be inappropriate
(Principles of Self-Responsibility)
- If you have committed an action defined in SECTION 13 to cause damage or loss to a third party and/or NTTBP, you shall take its liability including but not limited to compensation of damage or loss caused by such action, and shall not inflict NTTBP by all means, whether you have or have not been taken your grants away to use the Service.
- When suffering a loss or damage or assuming liability by uploading or downloading information using this Service, you shall try to settle on your own responsibility, and shall not claim anything or give any trouble to NTTBP.
All programs, software, services, procedures, trademarks, and trade names, all of which make up the Service, other services provided by third parties, and all the technologies, which enable the Service and its related services are the properties of NTTBP or the aforementioned parties.
- Based on copyright law, you shall not use any information acquired through this Service without getting approval from the copyright holders, in any manner, except for the personal use stipulated by copyright law.
- You shall not let any third party use or release the information or files provided through this Service without getting approval from the copyright holders in any manner.
- In the event of any dispute arising out by breaching of this SECTION, you shall take care to settle the matter on your own cost and responsibility while indemnify and hold NTTBP harmless from such matter.
ARTICLE 6. NTTBP’s Obligations
(Protection of User Information)
(Suspension and Termination of Usage of the Service)
- if it becomes clear that you have registered with false information;
- if you commit one or more of the prohibited actions defined in SECTION 13 (Prohibited Act);
- if you sabotage the Service regardless of any method;
- if you violate any of provisions stipulated at the TOS;
- if your usage for the Service is decided to be inappropriate by NTTBP;
(Termination or Suspension of the Service)
- NTTBP may terminate or suspend the Service operation:
- when system maintenance takes place whether periodically or emergently, or an excusable event such as but not limited to system failure occurs;
- when the Service cannot be operated and provided due to an emergency or disaster such as but not limited to war, rebellion, mayhem, labor dispute, earthquake, volcano eruption, flooding, tsunami (seismic sea wave caused by earthquake), fire, or electric power failure;
- when government restricts or orders to stop the Service, or other telecommunication companies etc. terminate or suspend their services; and/or
- when NTTBP decides that pausing the Service is necessary due to the operational reasons.
- NTTBP shall give prior notice before suspending or terminating the Service described at the above item (1), except under those emergency and excusable situations.
- NTTBP is not liable to any loss or damage incurred to you or any third party by terminating or suspending the Service
(Data deletion, restrictions on use of telecommunications services, etc.)
- If the user under contract acts in any of the ways specified under SECTION 13 (Prohibited actions), or contravenes the terms of this agreement, or does not abide by the Company’s notices or instructions, or if the Company otherwise deems it necessary, the Company may take either of the measures specified in the following subsections, or take steps combining elements of both measures.
- When the Company deems it necessary for the proper management of its services or the like, it may restrict the bandwidth allotted for the telecommunications services which the user under contract is using as specified by the Company.
- The Company may temporarily suspend or terminate use of the services provided to the user under contract.
- With regard to services covered in this agreement, the Company may restrict (by filtering, etc.) access to websites and the like which it deems are not suitable for young people to use, in order to protect young people.
- The Company is not obligated to take either of the measures specified in the subsections of Item 1 of this section or in Item 2 of this section, and shall not be responsible for any damage or loss sustained by the user under contract or a third party due to the Company taking or not taking such a measure or measures.
ARTICLE 7. Indemnification of Loss or Damage
(Restriction of Liability)
NTTBP assumes no obligation for providing the Service to you without interruption. In the event of no Service provided to you regardless of any reason, NTTBP is not liable to any loss or damage incurred to you by not providing the Service.
- NTTBP is not liable to any loss or damage incurred to you relating to, or in connection with the Service provided.
- The above item (1) in this SECTION shall not be applicable if it is caused by NTTBP’s intentional act or gross negligence.
- NTTBP shall not warrant any of the Service contents and information provided through the Service in terms of but not limited to completeness, accuracy, certainty and usefulness.
- NTTBP shall not warrant correct behavior or performance for any devices or software you use for the Service.
- NTTBP takes no responsibility for a dispute arising out between you and any third party relating to or in connection with using this Service.
This TOS becomes effective on November 26, 2018.
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