SoftBank Corp. (hereinafter called the "Company") will provide SpinNet Onsite Support Service in accordance with the stipulations of this Onsite Support Service Agreement (hereinafter called "the Agreement").
Article 1 (Scope of Services Provided)
1.
In this Service, we shall provide the following prescribed functions to user in accordance with these Rules and the SpinNet Service Agreement (the "SpinNet Agreement").
Through this Service, it is possible to receive support for connecting and setting up for the Internet, etc. through a staff visit to the place designated by the user.
2.
User shall maintain and manage at own responsibility the computer terminal, communications equipment, communications line and other equipment necessary for the use of the Service, connection and set-up.
3.
User shall agree to posting of advertisements on the homepage where this Service is provided. The user shall engage in transactions (including participation in promotions such as prize competitions) with advertisers who provide these advertisements (including advertisements for prize competition) at his/her own responsibility and discretion. We bear no liability whatsoever for financial resources and the marketability of merchandise, etc. of advertisers, nor do we bear any liability for losses arising out of transactions.
Article 2 (Consignment of Services)
Upon provision of this Service, we shall consign a portion of the Service to GOG Corporation (Ochanomizu-center Bldg, 2-23-1, Kanda awajicho, Chiyoda-ku, Tokyo; the "Consignee").
Article 3 (Personal Information)
1.
Personal information acquired at the time of application shall be used only for provision of the Service.
2.
Personal information shall be shared by us and Consignee, only within the scope necessary for provision of services.
Article 4 (Prohibition)
User must not commit acts that fall under any one of the subsequent items, irrespective of the reason, upon use of the Service.
1.
to provide license, lease, transfer, distribute or engage in any other form of rights transfer or licensing to a third party, relevant to all or part of the Service;
2.
to incorporate, attach to other services, etc. or use as value-added service;
3.
to reverse engineer, reverse compile, reverse assemble, or attempt to modify or translate, or the like, software relating to the Service;
4.
to improperly access the system, such as servers relating to the Service;
5.
to use the Service for any and all business activities or for profit, whether with or without consideration;; or
6.
other prohibitions set forth in the SpinNet Agreement.
Article 5 (Intellectual Property Rights)
Copyrights, patent rights, trademark rights, know-how, trade names, logos, etc. and any and all other intellectual property rights relevant to the Service shall be attributable to us.
Article 6 (Loss Compensation)
1.
We pay no compensation or indemnification for losses of user and third parties arising in relation to the Service, including resulting loss, accidental loss, or earned profits, except for losses arising out of our responsibility or that of Consignee. However, this shall not apply to the case where the loss occurs due to willful act or gross negligence of the Company or the Consignee.
2.
If user causes a loss in a third party through the use of the Service, such user shall resolve this at its responsibility, and shall not cause the Company and the Consignee to bear any responsibility. If any loss is incurred by us or the Consignee due to a dispute between user and a third party, such user shall compensate for the relevant loss.
Article 7 (Means of Notice)
Any notice from us to user relevant to the Service shall be given, unless otherwise provided, by email to the SpinNet Mail Address of user or by posting on the homepage of SpinNet or SoftBank.
Notice via email shall be deemed given when the message sent by the Company arrives at the POP server used by the relevant user.
In case notice is given via posting on the homepage, when the relevant notice appears on the homepage and becomes viewable by the user, the notice shall be deemed to arrive.
Article 8 (Application of SpinNet Agreement)
Related provisions as prescribed in SpinNet Agreement shall be applicable to matters not provided in these Rules.
Article 9 (Amendment to these Rules)
We may amend these Rules without notification to user in advance, and user shall accept such amendment.
Article 10 (Jurisdiction)
Any dispute arising in relation to these Rules or the Service shall be subject to the exclusive jurisdiction of Tokyo District Court as court of first instance.
Supplementary provision:
1.
This Agreement is established on November 25, 2008.
