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Terms of Use for Public Wireless LAN Service

Chapter 1 General Provisions

Article 1 (Establishment of the Terms)
CosmoAIR Ltd.(hereinafter referred to as the “CosmoAIR”) has established these Terms of Use (hereinafter referred to as the “Terms”) to apply to those who use the Wi-Fi (public wireless LAN service; hereinafter referred to as the “Service”) supplied by CosmoAIR (hereinafter referred to as the “Users”).

Article 2 (Scope and Modification of the Terms)
1. The Terms shall apply to CosmoAIR and Users in connection with the use of the Service, and CosmoAIR and Users shall be obliged to faithfully comply with the Terms after such Users apply for the Service under the provisions of Article 3 (Application for the Service).
2. CosmoAIR may modify the Terms without Users’ approval. Any User who uses the Service after modification of the Terms shall be deemed to consent to the modified Terms.

Chapter 2 Application for the Service and Other Terms

Article 3 (Application for the Service)
A person who wishes to use the Service (hereinafter referred to as an “Applicant”) shall consent to the Terms and register for the Service with the use of the registration form. Applicants shall input and supply to CosmoAIR true and correct information in the process of registration.

Article 4 (Condition for Use of the Service)
Users shall, under their own responsibility and at their own expense, prepare facilities including communication equipment and software required for using the Service.

Chapter 3 Service

Article 5 (Service to Be Provided)
1. CosmoAIR shall, in accordance with the provisions of the Terms, provide an Internet connection to Users without charge. If any individual rule or other agreement separately presented by CosmoAIR or any third party (hereinafter referred to as “Other Rules, etc.”) applies to use of the Service, Users shall consent to and comply with such Other Rules, etc. in addition to the Terms.
2. CosmoAIR may modify all or part of the contents of the Service.

Article 6 (Use of Information Supplied by Third Parties)
In using information supplied by a third party, Users shall acknowledge that the supplier of information shall be solely responsible for the information and that CosmoAIR is not in any way involved in the supply of the information.

Article 7 (Guarantees of Content of Information Supplied by Third Parties)
1. CosmoAIR shall make no guarantee of the integrity, accuracy, certainty or usability of any goods, services or information supplied by a third party via the Service.
2. CosmoAIR shall assume no liability for any dispute between a User and a third party in connection with the User’s use of any goods, services or information supplied by the third party.

Article 8 (Stoppage and Suspension of the Service)
1. CosmoAIR may stop, suspend or terminate operations of the Service without giving any notice if any of the following applies:
(1) Any scheduled or urgent maintenance or work is performed on the system for the Service, or if stoppage, suspension or termination of operations of the Service is unavoidable due to any problems with the system for the Service;
(2) Any disaster, riot, electric power failure or any other force majeure event prevents normal provision of the Service;
(3) Stoppage, suspension or termination of operations of the Service is required by any regulation or order of an administrative agency; or
(4) CosmoAIR otherwise determines that temporary suspension of the Service is necessary to operate the Service.
2. CosmoAIR shall assume no liability for any damage caused to Users or third parties due to stoppage, suspension or termination of the Service under this Article.

Chapter 4 Users’ Duties

Article 9 (Forbidden Acts)
In using the Service, Users shall not perform any of the acts listed in the items below. In cases where CosmoAIR determines that any User performs any of the Forbidden Acts, CosmoAIR may terminate the Service and suspend the User’s use of the Service without giving any prior notice.
(1) An act of actually or possibly infringing the copyright or any other right possessed by CosmoAIR or a third party;
(2) An act of actually or possibly violating the property or privacy of CosmoAIR or a third party;
(3) An act of actually or possibly otherwise causing loss or damage to CosmoAIR or a third party;
(4) An act of defaming and slandering CosmoAIR or a third party;
(5) An act which is or may be offensive to public order and morals, or an act of providing any information offensive to public order and morals to a third party;
(6) An act which is or may be criminal, or an act which actually or possibly leads to a criminal act;
(7) An act of reselling or leasing the Service, or of otherwise gaining commercial profit out of the Service;
(8) An act of establishing, or soliciting participation in, any pyramid sales scheme;
(9) An act of transmitting e-mail for advertisement, promotion and solicitation to a large indefinite number of people, or e-mail which is or may be fraudulent or unpleasant (harassment e-mail);
(10) An act of preventing CosmoAIR or a third party from transmitting e-mail, or an act of requesting for serial forwarding of e-mail, or an act of serially forwarding e-mail on such a request;
(11) An act of using a false identity to use the Service;
(12) An act of altering or deleting information of CosmoAIR or a third party which can be accessed via the Service;
(13) An act of using or providing harmful programs, including computer viruses, via the Service or in connection with the Service;
(14) An act of causing a nuisance or loss to CosmoAIR or a third party, or an act which may interfere with or prevent operations of the Service;
(15) An act of using the Service in manners which will have a significant adverse effect on the use of the Service by those who directly or indirectly use the Service;
(16) Other acts which are or may be otherwise in violation of laws and regulations; or
(17) Other acts which CosmoAIR otherwise deems inappropriate.

Article 10 (Principle of Self-Responsibility)
1. In the event of any damage caused to CosmoAIR or a third party due to a User’s act which falls under the items of Article 9 (Forbidden Acts), the User shall assume all legal responsibilities, including liabilities for damages, even after he/she has lost his/her membership for the Service.
2. In cases where a User is damaged by, or assumes any legal liability in connection with, any information or file uploaded or downloaded with the use of the Service, the User shall handle such damage or liability under his/her own responsibility, and shall not claim anything from CosmoAIR or otherwise cause any trouble to CosmoAIR.

Article 11 (Proprietary Right)
All the programs, software, services, procedures, trademarks and business names as well as services supplied by a third party and the related technology in general, which constitute the Service, shall belong to CosmoAIR or said supplier.

Article 12 (Copyright)
1. Users shall not, in any way, use any information or files provided via the Service beyond the scope of reproduction for private use as prescribed in the Copyright Act, without obtaining the consent of the right holder.
2. Users shall not, in any way, have any third party use or disclose any information or files provided via the Service without obtaining the consent of the right holder.
3. In the event of any dispute arising out of any violation of the provision of this Article, the Users shall, under their own responsibility and at their own expense, resolve the dispute and indemnify and hold CosmoAIR harmless from the dispute in any way.

Chapter 5 Protection of Personal Information

Article 13 (Use of Personal Information)
Any Applicant’s personal information obtained by CosmoAIR in the process of the Applicant’s application for use of the Service, or any User’s personal information obtained by CosmoAIR in the process of the User’s use of the Service, shall be appropriately handled in accordance with the Privacy Policy of CosmoAIR. Such personal information shall be used only for the purposes listed below.

Chapter 6 Compensation for Damages

Article 14 (Compensation for Damages)
In the event of any damage caused to CosmoAIR or a third party due to violation of the Terms by a User, the User shall be responsible for the damage.

Article 15 (Disclaimer)
1. CosmoAIR shall assume no liability for any damage caused to Users in connection with provision of the Service, including, but not limited to, loss of data, failure of the equipment used for the Service or a User’s trouble with other Users or third parties.
2. CosmoAIR shall make no guarantee of error-free uninterrupted provision of the Service. In addition, CosmoAIR shall not be obliged to correct any flaw in the Service.
3. CosmoAIR shall make no warranty as to operations of the Service or performance of communications equipment and software, etc. used by Users.

Article 16 (Governing Law)
Execution, performance, validity and interpretation of the Terms shall be governed by and in accordance with Japanese law.

Article 17 (Jurisdiction)
1. In the event of any dispute between CosmoAIR and any User in connection with the Service, the parties shall consult each other in good faith to resolve the dispute.
2. In cases where a dispute is not resolved through the consultation mentioned in the preceding paragraph, the parties shall submit to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

Supplementary Provision
The Terms shall come into effect as of September 1, 2014.

The Purposes of Use of Applicants’ or Users’ Personal Information
CosmoAIR shall use personal information of Applicants or Users only for the purpose of the provision of the public wireless LAN service (hereinafter referred to as the “Service”) and any incidental activity thereon, and any other services which CosmoAIR can provide via the Service and any incidental activity thereon (including new services and activities which will be handled in the future).
・For the purpose of providing the Service
・For the purpose of providing the Service according to Users’ needs, or improving the quality of the Service
・For the purpose of exercising rights or performing obligations under contracts with customers or under laws
・For the purpose of improving or developing services with the use of marketing researches or data analyses
・For the purpose of management after termination of the Service
1. Users of the Services shall agree that CosmoAIR will collect, manage and use personal information registered by the Users for the purposes listed in the items above.