SpinNet Service Global Roaming Service Terms and Conditions Agreement

SOFTBANK TELECOM Corp..

Chapter 1 General Provisions

Article 1 Application of Agreement
This agreement is supplementary to the SpinNet License Agreement (hereinafter referred to as `License Agreement`) provided by SOFTBANK TELECOM Corp. (hereinafter called " SOFTBANK TELECOM").

Article 2 Amendment of Agreement
We may amend or modify this agreement without obtaining consent of the subscriber. When this agreement is revised, the service charge and other service conditions shall be governed by the revised Global Roaming Terms and Conditions.


Article 3 Definition of Terms
As used in this agreement, each of the following terms will have the following definitions.
Terms Definitions
Global Roaming Service A dial up or LAN IP service which can be used by SpinNet Service members in serviced locations.
SpinNet Consumer Dialer A software which needs to be downloaded when using the Global Roaming Service.
User SpinNet Service members that intend to travel abroad and whom will be using the Global Roaming Service at serviced locations.
Access Point A facility with telecommunication equipment to be used for Global Roaming Service.
User Terminal Computer and modem equipment used for the Global Roaming Service.
Privacy Policy Based on Article 14 of the "Telecommunications Industry Personal Information Guidelines" produced by the Ministry of Post and Telecommunications (MPT Bulletin No. 695, August 31st, 2004), and is defined in SOFTBANK TELECOM’s "Action Guidelines for Protecting Personal Information". SOFTBANK TELECOM will publicly display this policy on the company website.

Chapter 2 Service Locations and Subscription Agreement

Article 4 Service Locations
Service locations for the Global Roaming Service are countries or areas listed when downloading the SpinNet Consumer Dialer and the United States of America that U.S. One Number Service covers, including Alaska, Hawaii, Guam, Saipan and Puerto Rico. American Samoa and US Virgin Islands are not included.
2. The countries or areas listed when downloading the SpinNet Consumer Dialer may change. When the countries or areas listed when downloading the SpinNet Consumer Dialer has changed, the service locations of the Global Roaming Service shall be governed by the changed SpinNet Consumer Dialer.

Article 5 Connections to Access Points
Users will connect to the access point using the telecommunication services provided by the telecommunication carrier in the serviced location at user expenses and at users’ risk.

Article 6 Method of Usage and Acceptance
The Global Roaming Service can be used with a SpinNet Service account ID and password. There is no special registration.
2. When a user uses the Global Roaming Service, the user agrees to the terms and conditions set forth in this agreement.

Article 7 Limitations of Service
Dependent of service location, the user will not be able to use news group.


Chapter 3 Price and Billing

Article 8 Global Roaming Connection Fee
The Global Roaming Service has a global roaming connection fee.
2. We will charge a \20 per minute international dial up global roaming connection fee when global roaming service is used in the international service locations (Article 4 Service Locations) using dial up connectivity. Out of the total amount of the connection fee, 120 minutes worth of usage fee will be charge free, therefore we will charge only the amount exceeding 120 minutes.
3. We will charge a \40 per minute international dial up global roaming connection fee when global roaming service is used in the international service locations (Article 4 Service Locations) using LAN connectivity.
4. We will charge a \10.5 (tax included) per minute domestic dial up global roaming connection fee when global roaming service is used in the domestic service locations (Article 4 Service Locations) using LAN connectivity.
5. We will charge a \21 (tax included) per minute domestic dial up global roaming connection fee when global roaming service is used using a dialer other than SpinNet Consumer Dialer with SpinNet account.
6. From March 1st, 2004, we will add a consumption tax to the global roaming connection fee regardless of the connectivity method.

Article 9 Global Roaming Connection Fee Billing
We will charge the Global Roaming connection fee based on the total usage of each calendar month and bill the fee with the following month of SpinNet Service’s basic monthly charge.
2. Due to any unforeseen circumstances, we may bill the Global Roaming connection fee after the date mentioned above.


Chapter 4 Suspension of Global Roaming Service

Article 10 Restriction of the Use of Communications
Since the Global Roaming Service is subject to the regulations and rules of the foreign countries and rules of the telecommunication carriers and Internet service providers, services may be limited in accordance.
2. The user using the communication services via local and foreign networks are subject to the laws and regulations of the countries including the rules of the telecommunication provider.
3. The users are restricted to use this service for 26hours after the registration of SpinNet Service.


Article 11 Suspension of the Global Roaming Services
If any of the following cases become applicable to the subscriber, we may stop the provision of the Global Roaming Service:
(1) Violation of Article 10 (Restriction of the Use of Communications)
(2) Violation of law, or in danger of violating the law, or acts contradictory to public order or morality.
(3) Any matters other than those mentioned above that may violate the rules of the Global Roaming Service Terms and Conditions Agreement or our telecommunications facilities.
(4) Violation of SpinNet Service Agreement.


Article 12 Suspension of Global Roaming Service
In any of the following cases we may suspend portions or entirely the Global Roaming Service without the consent of the user.
(1) Cases in which the partner Internet Service Provider is performing maintenance or other work on telecommunication facilities.
(2) Cases in which it has become difficult to provide global roaming service due to suspended provision of telecommunication services of the common carrier at the serviced locations.
(3) Cases in which it has become difficult to provide global roaming service due to technical failures occurring between the partner Internet Service Provider and SOFTBANK TELECOM Corporation.
(4) User violating the rules and tariff of the partner Internet Service Provider.


Article 13 Cancellation of Global Roaming Service
Without the consent of the user, we may cancel portions or entirely the Global Roaming Service.


Chapter 5 Miscellaneous Provisions

Article 14 Exemption from Responsibility
SOFTBANK TELECOM Corporation will not be liable for damages what so ever to the user for the provision or usage of the Global Roaming Service.

Article 15 Governing Law
This term and conditions agreement is in accordance to legislation of Japan.


Supplementary provision:
1.
The Agreement is established on September 29, 1997
The Agreement is revised on January 30, 2001
The Agreement is revised on August 1, 2001
The Agreement is revised on October 1, 2001
The Agreement is revised on November 7, 2001
The Agreement is revised on June 1, 2003
The Agreement is revised on March 1, 2004
The Agreement is revised on April 1, 2005

2.
AT&T WorldNet Service will become JENS SpinNet Service as a part of this Agreement as of October 1, 2001. Subscribers, who contracted with AT&T WorldNet Service before October 1, 2001, will not be required to renew this Agreement.

3.
JENS Corporation changes its corporate name to JAPAN TELECOM CO., LTD. Customers who had concluded the agreement with us before March 31, 2005 do not need to conclude the agreement again.

Additional Rules
(Enforcement Time)
1.
This Agreement is revised on October 1, 2006.
(Change of Name of JENS SpinNet Service Agreement)
2.
On the day this Agreement is revised, JENS SpinNet Service Agreement will be changed to SpinNet Service Agreement.
(Interim Measures with regard to JENS SpinNet Service)
3.
The subscription agreements for JENS SpinNet Service presently existing as of this revision that were concluded pursuant to the provisions of JENS SpinNet Service Agreement before this revision will be deemed to be subscription agreements for SpinNet Service concluded by SOFTBANK TELECOM pursuant to the provisions of this Agreement after revision as of the day this Agreement is revised.