Article 1 (Application of Terms)
Sazabee, LLC (hereinafter the “Operator”) sets forth the following terms concerning the Service (hereinafter the “Terms”). The Terms apply to customers using the Service and Trial Services (Subscribers and Free Registration Users) and the Operator. A customer (a Subscriber or Free Registration User), who uses the Service or a Trial Service, must read and consent to the Terms.
Article 2 (Definition of Terms)
The following terms used herein have the meanings assigned below:
| Service | The Service means the Cyberhermit VPN Service provided by the Operator. It is a service to provide a connection to a VPN (virtual private network) from an overseas office via a local loop. |
| Trial Services | Trial Services means services where the Service may be used free of charge. |
| Site | The Site means the website created, operated, and managed by the Operator (https://cyberhermit.net). |
| Linked Sites | Linked Sites means external websites linked from the Site. |
| Subscribers | Subscribers mean corporations and individuals who take out a usage contract for the Service. |
| Applicants | Applicants mean Subscribers who apply for a usage contract for the Service but have yet to conclude a contract. |
| Free Registration Users | Free Registration Users mean corporations and individuals who register for the use of a Trial Service. Unless specified otherwise, the Terms apply also to a Free Registration User (in this case, a “Subscriber” and the “Service” shall be replaced with a “Free Registration User” and a “Trial Service,” respectively, as the occasion demands.). |
| Initial Payment Information Entering Date | The Initial Payment Information Entering Date is the day when an Applicant or a Free Registration User registers for the first time, in the manner prescribed by the Operator, a valid e-mail address and credit card information. |
| End Users | End Users mean corporations and individuals who use a service provided by a Subscriber using the Service, as well as employees who belong to the corporate organization of a Subscriber (including dispatched and contracted employees). |
| Third parties | Third parties mean any corporations or individuals other than Subscribers and Free Registration Users who view the Site. |
| Contract | The Contract means a contract made between a Subscriber and the Operator concerning the use of the Service. |
| Individual Terms | Individual Terms mean any special terms set forth by the Operator regarding a specific service of the Service (including all kinds of regulations, precautions, operational rules in the Site). Those Individual Terms constitute part of the Terms. |
| Personal Information | Personal Information means information about a living individual that may identify the specific individual by the name, date of birth and other descriptions included therein (including information that may be easily collated with other information and thereby identify the specific individual). |
| Service Usage Commencement Date | A Service Usage Commencement Date means a day when a Subscriber commences using the Service (Charging Commencement Date). |
| Charging Commencement Date | A Charging Commencement Date means a day when fees for the Service commence being charged as described in details in Chapter2, Section 4 (Usage Fees). |
| Monthly Fees | Monthly Fees means a consideration for the Service payable by a Subscriber to the Operator for a period from a Service Usage Commencement Date (Charging Commencement Date) to a date of the termination of the Contract, which shall be calculated in units of one (1) month. |
| P2P (peer-to-peer) | P2P means a mode of communications that may be characterized as communications between persons in an equal status. |
| BitTorrent | BitTorrent means a file transfer protocol and the software effecting such communication with the use of P2P. |
Article 3 (Coverage of Terms)
1. In addition to the Terms, a Subscriber shall comply with the relevant Individual Terms. Individual Terms shall prevail over the Terms with respect to any stipulation provided therein that differs from a stipulation herein.
2. The Terms are provided in Japanese and foreign languages. If there is any inconsistency between the Terms of Use in Japanese and those in a foreign language, the stipulation in the Japanese version shall prevail over the foreign language version.
Article 4 (Revision of Terms)
1. Without the advance consent of a Subscriber, the Operator may revise the Terms and Individual Terms (hereinafter the “Terms and Conditions”), such revised Terms and Conditions shall be binding upon a Subscriber and the Operator.
2. A Subscriber, who continues using the Service after such revision, shall be deemed to have consented to the revised Terms. However, this does not apply where the revision is materially prejudicial to a Subscriber, and in this case, the Subscriber may request from the Operator cancellation of the Contract.
3. When revising the Terms and Conditions, the Operator shall give, in the manner prescribed by the Operator, notice of their contents to a Subscriber who will be affected by the revision.
4. If part of the Service is abolished for the Operator’s reasons, the Operator shall give the advance notice set forth in the preceding paragraph. However, this does not apply where advance notice may not be given because such abolition concerns part of the Service that exceeds the scope of the Operator’s responsibility (including cases where a telecommunications carrier providing a service affecting the composition of the Service has changed its specifications).
Article 5 (Reconsignment)
To the extent reasonably necessary, without the advance consent of a Subscriber, the Operator may reconsign all or part of the business relating to the provision of the Service.
Article 6 (Types of Services)
The Operator provides the following services. The details thereof shall be published in the Site.
(1) Cyberhermit VPN Service
(2) Trial Services
(3) Other services provided by the Operator as appropriate
Article 7 (Unavailable Services)
The Service may not be used for BitTorrent or other P2P (peer-to-peer) type communications.
Article 8 (Area where Service is Provided)
The Service is provided between the terminal of a Multiservice Gateway and the installation location determined by a telecommunications carrier of the foreign country. However, the terms of the provision of services by the foreign telecommunications carrier shall be governed by general conditions of the contract prescribed by the foreign telecommunications carrier.
Article 9 (Minimum Usage Period of Service)
There is no prescribed minimum period during which a Subscriber is required to use the Service.
Article 10 (Suspension of Provision of Service)
1. In any of the following cases, the Operator may suspend the provision of the Service:
(1) When it is inevitable because of maintenance or work for the Operator’s telecommunications facility
(2) When it is inevitable because of maintenance/incidental work for or failure of a relay server
(3) When there is a compelling reason, including failure of a telecommunications facility established by the Operator
(4) When the Operator has difficulty in providing the Service because a telecommunications carrier other than the Operator discontinues providing a telecommunication service in whole or in part
(5) When there is difficulty in providing the Service, including because of a communications failure on the part of a foreign telecommunications carrier
(6) When communications are congested because there are many incomplete calls (meaning an act of cutting off transmission before called persons respond to it) occurred from a specific Subscriber’s line, or the Operator finds that such is possible
(7) When a Subscriber requests discontinuation of the use of Personal Information
(8) In addition to the preceding items, if the Operator reasonably finds it necessary
2. When the Operator suspends the provision of the Service under the preceding paragraph, it shall give, in the manner prescribed by the Operator, a Subscriber at least ten (10) business days’ advance notice of the reason and the period of effectuation, unless there is difficulty in giving such notice or other compelling reasons.
Article 11 (Discontinuation of Use of Service)
1. If a Subscriber falls under any of the following items, the Operator may discontinue providing the Service to that Subscriber during a specified period. Even during a period of such discontinuation, the Subscriber shall pay to the Operator usage fees under the Contract.
(1) If a Subscriber fails to pay a fee within fifteen (15) days after the date of payment
(2) If a Subscriber incurs a disposition for a dishonored check or bill or suspension of business with a financial institution
(3) If a Subscriber has its business revoked or suspended by a disposition of the competent authority, or suspends or discontinues its business by itself
(4) If it turns out that a Subscriber has entered false information for procedures for the Service, including an Application for Use
(5) If a Subscriber causes, or engages in an activity that is likely to cause, hindrance to the Operator’s performance of business or the Operator’s telecommunications facility
(6) If the Operator finds that the Service needs to be temporarily discontinued for an operational reason
(7) If a Subscriber’s financing standing has deteriorated, or there are grounds to believe that such is possible
2. When the Operator discontinues providing the Service under the preceding paragraph, it shall give, in the manner prescribed by the Operator, a Subscriber at least ten (10) business days’ advance notice of the reason and the period of effectuation, unless there is difficulty in giving such notice or other compelling reasons.
Article 12 (Rights to Service)
All rights to know-how, systems, and other properties in the Service for which the Operator owns industrial property rights shall be vested in the Operator, and a Subscriber shall not infringe any of them. By applying for the Service, a Subscriber shall acquire no right to use trademarks, licenses, or other properties owned by the Operator and may not use any of them without the advance permission of the Operator.
Article 13 (Abolition of Service)
1. The Operator may abolish all or part of the Service temporarily or perpetually. In such case, the Operator shall give notice to such effect to a Subscriber at least sixty (60) days prior to the date of abolition.
2. When the service of a specific service classification is abolished under the preceding paragraph, the contract concerning that service classification shall be deemed to have been canceled on the date of abolition.
Article 14 (Application for Contract)
After having consented to the Terms, an Applicant shall apply for the Service in accordance with the procedure prescribed by the Operator (hereinafter an “Application for Use”).
Article 15 (Time to Effectuate Contract)
When an Applicant makes an Application for Use, and the Operator consents to the application through screening and procedures by the Operator, a Contract shall become effective retroactively to the date of the Application for Use. In this case, the Subscriber shall comply with the Terms.
Article 16 (Screening of Application)
1. The Operator may put on hold an Applicant’s application for the Service or deny consent to it if the Applicant falls under any of the following items. In this case, the Operator shall give notice to the Applicant by e-mail, by a document by post, or by other means within ten (10) business days after receipt of the application.
(1) If it is difficult for the Service applied for to be provided by an international VPN carrier
(2) If an Applicant is obviously likely to fail to perform any of its obligations set forth herein, or if an Applicant has failed to perform such obligation in the past
(3) If it is found that an Applicant has any cause falling under any item of paragraph 1 of Article 11 hereof (Discontinuation of Use of Service)
(4) If there is any false information, error or procedural imperfection in the Application for Use
(5) If an Applicant fails to perform liabilities of usage fees for the Service or other liabilities under the Contract (hereinafter “Fees”), or the Operator finds that such is possible
(6) If the Contract with an Applicant has been rescinded, or the Service has been discontinued for use by an Applicant in the past for a violation of the Terms and Conditions or for a failure or delay to pay Fees
(7) If the Operator finds that an Applicant is an organized crime group, member of such group, body associated to an organized crime group, corporate racketeer or any other equivalent person (hereinafter collectively “Antisocial Forces”), or that an Applicant has transactions or a personal relationship with an Antisocial Force
(8) Otherwise, if the Operator finds that it is not appropriate to make a Contract with an Applicant in a case equivalent to any of the preceding items
2. If the Operator fails to give notice under paragraph 1 hereof within ten (10) business days after receipt of an Application for Use, a Contract shall become effective retroactively to the date of the Application for Use.
Article 17 (Effective Period of Contract)
A Contract shall be effective for a period of one (1) year from the date of an Application for Use or the Charging Commencement Date; provided, however, that the Contract shall be automatically extended for successive one-year terms under the same terms and conditions, unless a Subscriber gives the Operator notice of its intent to cancel it.
Article 18 (Free Registration)
A person who wishes to use a Trial Service shall make a user registration (hereinafter “Free Registration”) in the manner prescribed by the Operator.
Article 19 (Application of Terms)
A Free Registration User shall comply with the Terms, except the provisions of Section 4 “Usage Fees,” Section 9 “Termination of Contract (Rescission/Cancellation),” and Article 27 (Succession to Status of Subscriber). However, when becoming a Subscriber, a Free Registration User shall comply with all provisions herein.
Article 20 (Trial Period)
A Trial Service shall be available for one (1) week from the Initial Payment Information Entering Date (hereinafter a “Trial Period”).
Article 21 (After Termination of Trial Period)
1. After termination of a Trial Period, a Free Registration User shall become a Subscriber, and fees shall commence being charged (provided that the Service shall be provided only to those persons whose e-mail address entered or notified at the time of Free Registration is authorized). A Contract shall become effective on the Charging Commencement Date (Service Usage Commencement Date).
2. With respect to the preceding paragraph, the Operator may deny, at its discretion, the provision of the Service (putting on hold an application for the Service or denying consent to it) if a Free Registration User falls under any item of paragraph 1 of Article 16 (Screening of Application) or for other reasons.
Article 22 (Usage Fees and Payment Method)
1. In consideration of the use of the Service, a Subscriber shall pay to the Operator, by one of the following methods, the sum of a Monthly Fee separately prescribed by the Operator (the amount and the relevant terms will be published in the Site), the consumption tax thereon and other relevant amounts. Transfer fees, credit-card payment fees, and other expenses required for the payment shall be borne by the Subscriber.
(1) Method of paying, in accordance with a billing from the Operator, to the financial institution or collection service provider designated by the Operator
(2) Any other method prescribed by the Operator
2. With respect to the payment of Fees, a Subscriber shall comply with any terms of use, terms of payment, and spending limit that may be separately prescribed by the financial institution or collection service provider designated by the Operator. In the event that any dispute arises between the Subscriber and the financial institution or collection service provider, it shall be settled between them, and the Operator shall under no circumstances be responsible for it.
3. If a Subscriber is in arrears in the payment of Fees set forth in paragraph 1, the Operator may, until the payment is completed, suspend or discontinue the provision of the Service.
Article 23 (Handling of Consumption Taxes)
A Subscriber shall bear consumption taxes, added-value taxes abroad and other relevant charges imposed on a usage fee (hereinafter “Consumption Taxes”), and shall pay Consumption Taxes as separately calculated by the Operator. If a rate of Consumption Taxes is revised in the future, the Consumption Taxes on a usage fee shall be increased or reduced according to the revised tax rate.
Article 24 (Penalty for Midterm Cancellation)
A Subscriber is not required to pay a penalty even if a Contract is canceled for a reason attributable to the Subscriber, whether before commencing using the Service or for the duration of the Contract.
Article 25 (Delay Damages)
If a Subscriber fails to pay a Usage Fee or other liabilities under the Contract by the date of payment, the Subscriber shall pay, in the manner prescribed by the Operator, delay damages in the amount calculated at the rate of 14.5% per annum for a period from the day following the date of payment to the day preceding the day of actual payment.
Article 26 (Treatment of Fraction in Usage Fees)
If there is a fraction less than one yen in any amount calculated in accordance with provisions herein, it shall be rounded down.
Article 27 (Succession to Status of Subscriber)
1. If the status of a Subscriber’s corporation is succeeded because of a merger, the status as a Subscriber shall be assumed by the corporation surviving the merger or the corporation newly organized by such merger. In this case, the corporation surviving the merger or the corporation newly organized by such merger shall, within thirty (30) days from the date of succession, give the Operator notice to such effect by attaching a document proving the succession.
2. If the Operator receives notice under the preceding paragraph, and the successor corporation falls under any item of paragraph 1 of Article 16 (Screening of Application), the Operator may raise an objection to the succession and rescind the Contract by giving notice in writing or by other means.
Article 28 (Obligations of Subscriber)
1. If a Subscriber provides, whether with or without charge, an End User with service operated by the Subscriber with the use of the Service, the Subscriber shall comply with laws and regulations relating to telecommunications, shall strive to protect Personal Information of the End User, and shall be solely responsible for the service of the Subscriber. The Subscriber shall also respond to inquiries made by the End User or a third party regarding the service of the Subscriber, and if the End User or a third party makes such inquiry directly to the Operator, the Subscriber shall respond to it and take measures at its sole discretion as required by the Operator.
2. If a Subscriber makes communications via other networks for the use of the Service, it shall comply with the rules and stipulations of all such networks passed through.
3. The preceding paragraph applies also to an End User, and the Subscriber shall have the End User comply with those rules.
Article 29 (Equipment of Subscriber)
1. Except for those provided by the Operator under the Terms, a Subscriber shall prepare, at its expense and responsibility, devices, software, other companies’ connection lines, and other equipment necessary for the use of the Service and shall maintain and manage them so that they will function in good condition.
2. The Operator shall under no circumstances be responsible for any hindrance to the use of the Service or other issues arising out of devices, software, or other companies’ connection lines prepared by the Subscriber (including an End User) or work done by the Subscriber. In such case, the Subscriber shall also be liable to compensate for any damage caused to the Operator or a third party.
Article 30 (Subscriber’s Burden of Expenses)
A Subscriber shall bear per-packet charges (communications charges) incurred for the use of the Service.
Article 31 (Confidentiality)
1. Either a Subscriber or the Operator shall deem that technical, business, and other operational information provided by the other party for the use of the Service is confidential information if the information is disclosed by the other party in writing by specifying its confidential nature or is disclosed by the other party orally by specifying its confidential nature for which a document is provided within ten (10) days after the disclosure to identify contents of the information. However, information is not confidential information, if the information
(1) is already possessed by the receiving party without undertaking confidentiality obligation;
(2) is duly acquired from a third party without undertaking confidentiality obligation;
(3) is developed by either party independently of information provided by the other party; or
(4) becomes, whether before or after receipt, part of the public domain without violating the Contract.
2. Neither a Subscriber nor the Operator shall divulge confidential information to a third party. However, the party may disclose it to a third party with the advance written consent of the other party. Either party may, when required to disclose information under laws and regulations or by a competent public agency, disclose it to the destination of disclosure specified under the relevant laws and regulations.
3. When receiving confidential information, either party shall take the precautions necessary for the management of the confidential information.
4. Either a Subscriber or the Operator shall use confidential information within the purposes of the Contract, and shall not reproduce or alter it beyond the purposes of the Contract.
5. Either a Subscriber or the Operator may disclose confidential information only to its officers and employees who need to know the information for the purposes of the Contract and shall impose obligations equivalent to the confidentiality obligation undertaken under the Contract by the Subscriber and the Operator upon those officers and employees who receive the information even after their resignation from the party.
6. The provisions in this article shall survive the termination of the Contract and remain effective for a period of five (5) years after the termination thereof.
Article 32 (Handling of Data)
1. A Subscriber shall be solely responsible for all acts and results of the acts within the data area used by the Subscriber (hereinafter the “Data Area”) regardless of whether or not an act is made by the Subscriber.
2. The Operator shall not provide any warranty or undertake any responsibility regarding data registered by a Subscriber (including an End User).
3. A Subscriber shall settle any dispute arising within the Data Area at its own responsibility and shall not cause any hindrance to the Operator or a third party.
Article 33 (Handling of Personal Information)
1. In performing the Service, the Operator shall use only for the purpose of performing the Service any Personal Information (meaning “Personal Information” prescribed by the Act on the Protection of Personal Information) contained in any business or other operational information received from the other party and shall not disclose or divulge it to a third party and shall comply with the relevant laws and regulations regarding Personal Information, including those concerning the protection thereof.
2. The provisions of this article shall survive the termination of a Contract and remain effective.
Article 34 (Personal Information Collected)
In providing the Service, the Operator shall collect the following Personal Information from a Subscriber and other relevant persons:
(1) Names, contact information such as e-mail addresses, country of residence, address, telephone number and credit card information (Credit card information is stored at Stripe)
(2) Browsing history of the Site, and information and data on condition of using the server
(3) State of a Subscriber’s service use, terminal information, log information, cookies, anonymous IDs, and positional information
(4) Contents of consultation made by a Subscriber, including concerning problems, questions and the Service
(5) Other information entered by a Subscriber (an Applicant) in an entry form prescribed by the Operator
Article 35 (Purposes of Using Personal Information)
The Operator may use Personal Information for the following purposes:
(1) To provide the Service to a Subscriber
(2) To respond to inquiries from a Subscriber (an Applicant)
(3) To send direct mail to a Subscriber (an Applicant)
(4) To collect and keep logs to manage the relevant Personal Information (They will be kept for a period the Operator finds appropriate.)
(5) To send e-mail newsletters to a Subscriber
(6) To publish contents of inquiries from a Subscriber (an Applicant) in the FAQ section of the Site (Any information provided will be used in a processed form so that an individual cannot be identified.)
(7) To contact a Subscriber (an Applicant) who has made a request for quotation
(8) To send (including by post) to a Subscriber invoices, receipts, and other periodically issued documents
(9) To be forwarded to another service (including those provided by a business partner) at the instruction of a Subscriber to make the Subscriber’s use of the Service easier)
(10) To identify an individual by the mode of use or name to deny use by a Subscriber (an Applicant) who has caused damage to a third party, violated the Terms or attempted to use the Service for an illegal or inappropriate purpose
(11) To implement liaison or other business relating to any of the preceding items
Article 36 (Provision of Personal Information to Third Party)
1. Without the advance consent of the person concerned, the Operator shall not provide a third party with any information that may identify an individual (including names, email addresses, country of residence, address and telephone number), except for cases specified in the following paragraph.
2. When any of the following items applies, the Operator may, without the consent of a Subscriber, provide Personal Information outside the purposes of use:
(1) When providing it under laws and regulations
(2) When it is necessary for the protection of human life, body, or property, and it is difficult to obtain the consent of the Subscriber concerned
(3) When it is specifically necessary for the improvement in public health or the promotion of sound development of children, and it is difficult to obtain the consent of the Subscriber concerned
(4) When it is necessary for cooperating with a national government organ, local government or any other person commissioned thereby to perform any affairs prescribed by laws and regulations, and obtaining the consent of the Subscriber concerned is likely to cause hindrance to the performance of the affairs
Article 37 (Outsourcing)
The Operator may provide Personal Information when outsourcing work of information processing. Personal Information shall be provided on condition that the consignee has in place a system to protect Personal Information.
Article 38 (Authority to Delete Registered Information)
1. If any of the following facts are confirmed, the Operator may, without advance notice to a Subscriber, immediately delete registered information of the Subscriber or implement other necessary measures, including prohibiting the use of the Service in the future:
(1) If the Operator finds that the registered information has been acquired or used, or is likely to be used by an Antisocial Force, its member or a person associated with it
(2) If it turns out that the registered information is not the Subscriber’s own information
2. The Operator shall undertake no responsibility whatsoever to a Subscriber for any damage arising out of deletion of the registered information of the Subscriber or other relevant measures including prohibition of use.
Article 39 (Privacy of Communications)
1. The Operator shall protect the privacy of communications relating to the Service under the Telecommunications Business Act.
2. In any of the following cases, the Operator shall not undertake the obligation under the preceding paragraph:
(1) If a compulsory disposition or a court order is imposed under the Code of Criminal Procedure or the Act on Wiretapping for Criminal Investigation
(2) If an administrative measure is imposed under laws and regulations
(3) If the Operator finds that the requirements are satisfied for a disclosure request under Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders
(4) If the Operator finds it necessary for the protection of the life, body, or property of a third party.
3. The Operator shall hear opinions of a sender of the registered information on whether the sender consents to disclosure of information pursuant to paragraph 2 of Article 4 of Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, except where the Operator is unable to contact the sender of the infringing information pertaining to the disclosure request or where there are special circumstances.
Article 40 (Method of Operator’s Notifications)
1. The Operator shall give notification to a Subscriber by means the Operator finds appropriate, including by publication in the Site, by sending an e-mail or a document by post.
2. Unless specified otherwise, a notification under the preceding paragraph shall become effective at the time when the Operator publishes contents of the notification in the Site or the Operator transmits or sends the notification.
Article 41 (Reports of Change)
1. A Subscriber shall promptly give a report to the Operator in any of the following cases. In this case, the Operator may ask the Subscriber to submit a document proving the fact of such change.
(1) If there is a change to the name of a party to the Contract, e-mail address, country of residence, address, telephone number or other information necessary for contact or sending a document, the credit card number, or other information entered at the time of application, which is likely to affect the Contract
(2) If a Subscriber is a corporation, and there is any event that is likely to affect the Contract, including relocation of the head/branch office or place of business, a change of the trade name or purpose of business, assignment of the business right, a change of organization, merger, dissolution, and discontinuance of business
2. If a Subscriber fails to give such report, so that it is unable to receive a notice of the Operator, the notice shall be deemed to have reached when it should reach ordinarily.
3. The Operator shall undertake no responsibility whatsoever for any disadvantage or damage incurred by a Subscriber from the Subscriber’s failure to give the said report, including inability to use the Service.
Article 42 (Limitations on Handling in Foreign Country)
1. The handling of the VPN service may be limited in the foreign country because of laws and regulations in the foreign country or general conditions of the contract as prescribed by a foreign telecommunications carrier.
2. A fee for a service provided by a foreign telecommunications carrier that is agreed between the Operator and the foreign telecommunications carrier under an agreement shall be determined by the Operator collectively for the telecommunication service of the foreign telecommunications carrier and the Service.
Article 43 (Terms of Facility Provider)
With respect to lines, servers, and other equipment used for the Service (hereinafter “Utilization Facilities”), a Subscriber shall comply with terms of use and other equivalent rules of the provider of Utilization Facilities and shall put priority on those stipulations in using the Service.
Article 44 (Limitations on Use of Communications)
1. The Operator may limit or suspend the provision of the Service if any force majeure, including a natural disaster, or other state of emergency occurs or is likely to occur, and the Operator puts priority on communications needed for the prevention of a disaster, rescue, securing transportation or supply of electric power, maintenance of order, or communications that are urgently required for public interests otherwise.
2. In addition to the preceding paragraph, if communications are extremely congested, the Operator may limit the use of communications in terms of communications hours of the Service or the line for the Subscriber of a specific area.
Article 45 (Termination of Contract)
A Contract shall terminate upon the expiration of its term. However, the Operator may rescind a Contract or discontinue providing the Service to a Subscriber in accordance with the Terms without compensating for any damage to the Subscriber or an End User if there is any violation by the Subscriber that falls under any grounds for rescission set forth herein.
Article 46 (Acceleration)
If there is any event set forth in the following items, the Operator may immediately rescind the Contract without any demand. In this case, all liabilities owed by the Subscriber to the Operator under the Contract shall be automatically accelerated and become immediately due and payable.
(1) If a Subscriber incurs seizure, provisional seizure, provisional disposition, disposition by a public authority, including for failure to pay taxes; a petition is filed by a third party against a Subscriber for the commencement of corporate rehabilitation or civil rehabilitation proceedings, bankruptcy, or public auction, or a Subscriber files by itself a petition for the commencement of corporate rehabilitation or civil rehabilitation proceedings, or bankruptcy
(2) If a Subscriber adopts a resolution for capital reduction, discontinuance or change of business, or dissolution
(3) If a Subscriber incurs an attachment for delinquent tax
(4) If there is any event equivalent to any of the preceding items that may be deemed to be worsening of a Subscriber’s credit
Article 47 (Rescission of Contract by Operator)
1. If any of the following events occurs, the Operator may, without any demand, immediately limit or discontinue the Subscriber’s use of the Service in whole or in part, delete all or part of the information and data presented, sent or accumulated by the Subscriber, or rescind the Contract:
(1) If a Subscriber engages in any act prohibited under the Terms and Conditions
(2) If a Subscriber gives false information to the Operator or fails to give notice when a change to information occurs
(3) If a Subscriber fails to perform liabilities including those of Fees, or the Operator finds that such is possible
(4) If a Subscriber violates, or it turns out that a Subscriber has in the past violated the Terms
(5) If the Operator finds that a Subscriber is an Antisocial Force or has transactions or a personal relationship with an Antisocial Force
(6) If the Operator finds a Subscriber unsuitable as a Subscriber otherwise
2. If the Contract is rescinded, a Subscriber shall naturally immediately pay or repay to the Operator all monetary liabilities arising from the Contract.
3. If the Contract is rescinded under the preceding paragraph and the Operator incurs any damage, a Subscriber shall compensate the Operator for the damage even after the forfeiture of status as a Subscriber.
Article 48 (Midterm Cancellation)
1. A Subscriber, who intends to cancel the Contract prior to the expiration, shall give the Operator notice to such effect in the manner prescribed by the Operator. Cancellation shall become effective on the date specified by such notice (a day on which the Subscriber wishes to cancel it) when the Operator confirms contents of the notice and consents to the request for cancellation.
2. When the Contract is canceled for a reason attributable to a Subscriber, the Operator shall under no circumstances refund Fees received by then.
Article 49 (Steps after Termination of Contract)
1. When the Contract terminates by the expiration of its period or rescission, the Operator shall calculate the relevant fees in the manner prescribed by the Operator and shall claim the amount from the Subscriber promptly.
2. If there are any materials delivered or provided incidental to a service provided by the Operator, a Subscriber shall promptly return, dispose of, or destroy the materials pursuant to the Operator’s instructions on or after the day following the date of termination of the Contract.
3. If there are any goods loaned by the Operator, a Subscriber shall promptly return or dispose of the goods in the manner prescribed by the Operator. If the Subscriber is unable to return such loaned goods because of the loss thereof or other reasons, it shall pay damages to the Operator.
4. Even after the termination of the Contract, all liabilities of a Subscriber under the Contract shall not be extinguished until the performance of those liabilities is completed.
Article 50 (Elimination of Transactions with Antisocial Forces)
1. A Subscriber and the Operator, respectively, represent and warrant to the other party that the party, its agents or intermediaries currently do not, and shall not in the future, fall under an organized crime group, member of such group, person for whom five (5) years have not elapsed since the day on which the person ceased to be an organized crime group member, associate member of, or company affiliated with an organized crime group, corporate racketeer, thug engaging in criminal activities under the pretext of conducting social campaigns, crime group specialized in intellectual crimes, or any other equivalent person (hereinafter an “Organized Crime Group Member”), or any of the following items:
(1) Having such relationship that shows that a party’s management is controlled by an Organized Crime Group Member
(2) Having such relationship that shows that an Organized Crime Group Member is substantially involved in a party’s management
(3) Having such relationship that shows a party illegally uses an Organized Crime Group Member to obtain wrongful profit of the party, its company or a third party or to cause harm to a third party
(4) Having such relationship that shows that a party provides funds or other benefits to, or otherwise involved in, an Organized Crime Group Member
(5) A party’s officer or any other person who is substantially involved in its management having a relationship with an Organized Crime Group Member that should be socially condemned
2. Either a Subscriber or the Operator shall not engage in any of the following items, whether by itself or using a third party:
(1) Violent demands
(2) Unreasonable demands that go beyond the limits of legal liability
(3) An act of using intimidating speech and behavior or violence in relation to transactions
(4) An act of damaging the credibility or interfering with the business of the other party by spreading a rumor or using fraudulent means or force
(5) Other acts equivalent to any of the preceding items
3. If either a Subscriber or the Operator violates any of the preceding two paragraphs, the other party may cause all liabilities of the violating party under the Contract to be accelerated and immediately rescind the Contract without any demand.
4. The party who rescinds the Contract under the preceding paragraph shall undertake no liability or responsibility whatsoever for any damage that the violating party incurs from the rescission.
Article 51 (Damages)
1. The Operator shall be exempted from the liability for its failure to perform any obligation under the Contract, unless it is caused by intentional acts or gross negligence of the Operator; provided, however, that this paragraph does not apply where the Contract falls under a consumer contract prescribed by the Consumer Contract Act.
2. Except as specified in the preceding paragraph, the amount of such damages shall be within damage that may occur ordinarily; for a paid service, the upper limit shall be the amount of one (1) month’s usage fee of the Service that the Subscriber has paid to the Operator (if the period of use is less than one (1) month, the amount of one (1) month’s usage fee). However, the Operator shall not be liable to compensate for any damage arising from a reason not attributable to the Operator, or any damage arising from special circumstances or lost earnings, whether a Subscriber or the Operator has foreseen it.
3. If a Subscriber (including a Free Registration User) causes any damage to the Operator, including because of the failure to perform its liabilities under the Contract, the Subscriber shall compensate the Operator for the damage actually caused (including attorney’s fees and other actual costs).
Article 52 (Prohibition of Assignment of Rights)
A Subscriber may not assign or loan to a third party the right to receive the Service under the Contract or any other rights relating to the usage contract and shall not create a security interest in any of them for a third party.
Article 53 (Prohibitions)
1. The Operator prohibits a Subscriber from engaging in any of the following acts using the Service:
(1) An act contrary to public order and morals
(2) An act in violation of laws and regulations
(3) An act of seeking commercial gain in relation to the Service without the written approval of the Operator
(4) An act of interfering with the operation of the Service
(5) An act that destroys or damages the credibility of the Service
(6) An act of using the Service in any manner other than those approved
(7) An act of assigning, loaning, licensing its rights as a Subscriber relating to the Service
(8) An act of reproducing, adapting, editing, altering, publicly transmitting, disassembling, decompiling, or reverse-engineering content, and systems (programs) of the Site
(9) An act of damaging the reputation or credibility of, unjustly discriminating against, or slandering the Operator or a third party
(10) An act of infringing the privacy right of the Operator or a third party
(11) An act of disclosing Personal Information of the Operator or a third party, without the advance consent of the Operator
(12) An act that infringes or is likely to infringe properties of the Operator or a third party
(13) An act of inflicting economic damage on the Operator or a third party
(14) An intimidating act against the Operator or a third party
(15) An act of making false reports or notifications, including registering an e-mail address of another person
(16) An act of putting a load on a server, line or other equipment used for the Service
(17) An act of sending or distributing nuisance e-mails or e-mail newsletters
(18) An act of assigning or loaning an ID to a third party
(19) An act of obtaining an ID on behalf of a person to whom use of an ID is denied
(20) An act of having more than one ID
(21) An act of causing hindrance to the operation or a system of the Service
(22) In addition to the preceding items, any acts the Operator finds inappropriate
2. The Operator may claim against a Subscriber who has violated any of the foregoing the compensation for any damage actually caused.
Article 54 (Force Majeure)
If either a Subscriber or the Operator delays or fails to perform obligations under the Contract because of any of the following force majeure, it does not constitute violation of the Contract, and the party shall not be held accountable for it:
(1) Natural disasters
(2) Contagious diseases
(3) Acts of terrorism, wars or insurrections
(4) Revolutions or partition of the nation
(5) Riots
(6) Fires or explosion
(7) Floods
(8) Strikes or labor disputes
(9) Amendment of laws by the national organ that is likely to affect the Contract seriously
(10) Other states of emergency equivalent to any of the preceding items
Article 55 (Non-guarantee)
The Operator does provide no guarantee whatsoever with respect to the following items:
(1) The Service lasts perpetually
(2) The use of the Service satisfies a Subscriber’s requirements
(3) No interruption, delay, error, or other malfunctioning of communications arises during the use of the Service
(4) The use of the Service causes no fault or hindrance to a Subscriber’s PC, smartphone, or other devices
(5) All information published in the Site is accurate and complete
(6) Linked Sites are legal, ethical, reliable, safe, and accurate
(7) Linked Sites including their content do not infringe rights of a third party
(8) Information reported by an Applicant or a Subscriber to the Operator at the time of an application for use or registration of a change is trustworthy and accurate
Article 56 (Indemnity)
The Operator shall under no circumstances be responsible for the following items:
(1) Damage incurred by a Subscriber because of the discontinuance or suspension of the operation of the Site or because of a change of all or part of the information published in the Site
(2) Damage incurred by a Subscriber because of a change to contents of the Service, or interruption or termination thereof
(3) Damage incurred by a Subscriber because the Subscriber uses the Site or is unable to use it for any reason or damage incurred by a Subscriber because of a third party’s writing of data, unauthorized access, statements, or sending or receiving e-mail
(4) Inability to use the Service without problem because of a Subscriber’s terminal environment, communications environment or any other reasons, or damage caused thereby to a Subscriber
(5) Faults arising out of the usage environment of a Subscriber, including that of a PC or telecommunication equipment used for viewing
(6) Problems arising in relation to viewing of the Site because of an unexpected factor
(7) Problems and damage to a Subscriber arising out of viewing or use of a Linked Site
(8) Acts or results of acts made by a Subscriber using the Service, or damage caused by such acts to a third party
(9) Infringement by the Service-related information of rights of a Subscriber or a third party, or disputes arising out of such infringement of rights
(10) Other disputes between a Subscriber and a third party
(11) Damage incurred by a Subscriber because the Subscriber’s terminal or other device is infected with a computer virus, etc.
Article 57 (Governing Law)
The Terms and Conditions shall be governed by the laws of Japan and construed in accordance with laws and regulations in Japan.
Article 58 (Severability)
Even if any provision of the Terms and Conditions is held invalid by a court of any country or because of amendment of laws and regulations, the remainder of the provisions of the Terms and Conditions shall remain in force.
Article 59 (Consultation)
If there is any matter not provided in the Terms and Conditions or any question arising as to the interpretation thereof, a Subscriber and the Operator shall strive to settle it through consultation in good faith and in accordance with laws and regulations and commercial practice.
Article 60 (Agreed Jurisdiction)
If a lawsuit is required between a Subscriber and the Operator in relation to the Contract, the court of agreed exclusive jurisdiction of the first instance shall be the summary court or the local court having jurisdiction over the location of the head office or the place of domicile of the Operator.
Established on May 1st, 2018
Effectuated on May 1st, 2018