The following Terms of Use are important statements that you are deemed to have accepted in their entirety when you apply for (sign up for) the service.
Chapter 1 General Provisions
Article 1 (Definitions)
The definitions of terms used in this Agreement are as follows
(1) Service: VPN connection service provided by SOFTBANK TELECOM.
(2) Subscriber Agreement: An agreement between SOFTBANK TELECOM and a Service User based on SOFTBANK TELECOM's Terms of Service.
(3) Subscriber: A person who has concluded a service agreement with the Company concerning services provided by the Company.
(4) Service page: A page on a website managed by the Company (URL: https://millenvpn.jp/. (4) Service page: A web page explaining each service on the website managed by the Company (URL: , including the respective sub-directory pages). (5) Service page: A web page explaining each service on the website managed by the Company (URL: ).
Article 2 (Application of Terms and Conditions)
1. azpocket, Inc. (hereinafter referred to as "the Company") will provide the Service to the User upon execution of the User Agreement. 2.
By entering into the User Agreement, the user is deemed to have agreed to the contents of the Terms of Service. 2. If the user does not agree to the contents of the Terms of Service, the user may not enter into a User Agreement. 3.
3. The Terms of Service shall be applied to all the service contracts, and the contents of the service contracts shall be governed by the Terms of Service.
4. In the event that there are other provisions regarding the Service that differ from the Terms of Service, and in the event that there is a conflict or inconsistency between the Terms of Service and other provisions, the other provisions shall take precedence over the Terms of Service.
Article 3 (Contents of the Service)
Details of the type and content of the Service shall be as set forth on the Service Page.
Article 4 (Notification and Reporting)
1. Notifications and reports from the Company to the user shall be made by sending e-mail to the e-mail address designated by the user, by sending written documents, by posting on the Company's website, or by any other method deemed appropriate by the Company.
2. In the event that the Company sends a notice or report by sending e-mail or posting it on the Company's website out of the methods described in the preceding paragraph, said notice or report shall be deemed to have been sent on the date the Company completes the necessary processing for its transmission or making it transmittable, and shall be deemed to have reached the user immediately.
3. In the event that the Company sends a notice or report to a user by the method described in Paragraph 1, even if such notice or report does not actually reach the user, the Company shall not be liable for any damage arising from such non-reach.
Article 5 (Modification of Terms of Use)
The Company may, at its discretion, modify the Terms of Service in the following cases: (1) when such modification is in the general interest of users
(1) When modification of the Terms of Service is in the general interest of the user.
(2) The modification of the Terms of Service is not contrary to the purpose for which the user contracted, and is reasonable in light of the necessity of the modification, the reasonableness of the modified content, and other circumstances pertaining to the modification.
(2) When the Company changes the Terms of Service, the Company shall notify the user at least 7 days prior to the effective date of the changed Terms of Service by sending an e-mail or posting on the Company's website the fact that the Terms of Service are being changed, the content of the changed Terms of Service, and the effective date of the change. The Company may choose either method. 3.
When a user uses the Service after the effective date of the revised Terms of Service, the user is deemed to have agreed to the revision of the Terms of Service in accordance with Paragraph 1.
Chapter 2 Conclusion of Usage Contract, etc.
Article 6 (Conclusion of Usage Contract)
1. an application for use of the Service shall be made by agreeing to comply with the Terms of Service, filling out the application form prescribed by the Company or the application screen displayed on the Company's website (hereinafter collectively referred to as the "Application Form"), and submitting or transmitting said Application Form to the Company. (hereinafter collectively referred to as the "Application Form"), and submitting or transmitting said Application Form to the Company. By submitting or transmitting the Application Form to the Company, the user agrees to abide by the Terms of Service. 2.
2. The contract of use shall be formed when the Company notifies the applicant of its acceptance of the application for use by the method prescribed in the preceding paragraph, in accordance with the method prescribed by the Company.
3. Provision of the Service shall start on the date of commencement of use notified to the applicant by the Company. However, the notification of the start date of use shall be made after the Company has confirmed that the initial payment of the fee stipulated in Article 14.1 has been received by the Company.
Article 7 (Rejection of Subscription Application)
1. the Company may reject the application in any of the following cases
(1) When SOFTBANK TELECOM judges that it is difficult to provide the Service pertaining to the application or to arrange and maintain the equipment for the Service.
(2) The applicant (including the business entity in the case where the applicant contracts as a business or on behalf of a business) has failed to fulfill its contractual obligations with the Company prior to the submission of the application form, or otherwise (3) When the Company determines that there is a possibility that the applicant (including the business entity concerned if the applicant contracts as or for a business) may fail to fulfill its contractual obligations to the Company.
(3) When there is a false statement on the application form
(4) When any of the events listed in each item of Article 28 exists for the applicant
(5) Cases in which the credit card or bank account designated by the Depositor for use in payment of the Service Charges cannot be used appropriately for settlement
(6) When the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance who has received a judgment under Article 17, Paragraph 1 of the Civil Code, and the applicant has not obtained the consent of his/her legal representative, guardian, assistant, or curator for the application
(7)When the Company deems that the provision of the Service to the applicant is recognized to be extremely difficult from a business or technical standpoint
(8) When the Company deems that the applicant may use the Service in a manner that brings the Company's social reputation into disrepute
(9) The Company deems that the applicant is affiliated with a crime syndicate or other antisocial organization.
(10) In any other cases where the Company deems it inappropriate to accept the application.
2) For the purpose of determining the applicability of each item of the preceding paragraph, the Company may request the applicant to provide information separately designated by the Company. When requested by the Company to submit the necessary information, the applicant shall submit it in accordance with the form, method, and date specified by the Company. The applicant shall bear the cost of submitting the documents, etc.
3. In the event of rejection of an application for the Service pursuant to the provisions of Paragraph 1, the Company shall promptly notify the applicant of such rejection. However, the Company shall not be obligated to disclose the reason for rejection of the application.
Article 8 (Term of Contract and Automatic Renewal)
1. The contract term of the subscription agreement shall be from the date of commencement of use until the expiration of the usage period selected by the user at the time of the agreement.
2. The subscription period for the Service shall be the period specified on the Service Page.
3. If the Subscription Plan is selected, the subscription will be automatically renewed for the same subscription period as the previous subscription period unless the User indicates his/her intention to terminate the subscription at least 14 days prior to the termination date in a manner prescribed by the Company, and the same shall apply thereafter.
If the user has selected a one-time plan, the contract shall automatically terminate when the subscription period selected by the user at the time of contracting expires.
Article 9 (Notification of Changes in Contracted Matters)
1. In using the Service, the User shall promptly notify the Company in the prescribed form if any errors are found in the information on the application form or if any changes occur after the application is submitted.
2. In the event of a merger of a corporation that is a user, the corporation surviving the merger or the corporation newly established as a result of the merger shall notify the Company of the changes within 14 days of the date of the merger in the prescribed form.
3. Even in the event that a notice or report from the Company is not received or is delayed due to a delay in the notification of changes stipulated in the preceding two paragraphs or due to the user's failure to submit said notification, the notice or report from the Company shall be deemed to have arrived when it normally should have arrived. In addition, the Company shall not be liable for any damages incurred by the user or any third party as a result of the failure to properly notify changes, including liability for compensation for damages. 4.
4. In the event that any of the following circumstances arise with respect to a user, the Company shall apply Paragraphs 2 and 3 mutatis mutandis.
(1) Change from an individual to a corporation
(2) Succession to a new legal entity due to a corporate split or business transfer of a legal entity that is a user
(3) Change of the representative of a voluntary organization that is a Subscriber
(4) Other changes similar to the preceding items.
Article 10 (Inheritance)
In the event of the death of an individual user, the subscription agreement shall terminate. However, if the heir notifies the Company with the prescribed documents within 14 days of the commencement of inheritance, the heir may succeed to the position under the Subscriber Agreement.
Article 11 (Assignment, etc. of Status, etc. under the Usage Contract)
1. The user may not transfer his/her position or rights under the Usage Contract to a third party, offer them as collateral, or have a third party assume his/her position or obligations under the Usage Contract, without the prior written consent of the Company.
2. Users shall be liable for any and all acts (including omissions) committed by third parties using accounts issued by the Company in connection with the use of the Service, regardless of whether or not the Users are involved, and shall assume all civil obligations and liabilities to the Company under the Terms of Service or laws and regulations.
Chapter 3 Responsibilities of Users
Article 12 (Usage Fees)
1. The Subscriber shall pay a usage fee (excluding tax) determined by the Company in accordance with the contents of the Service. However, in the event of a change in the consumption tax rate due to a change in the law, the consumption tax to be charged on such usage fees shall be based on the tax rate after the change. 2.
2. Fees paid by the user shall not be refundable for any reason.
3. The usage fee for the Service shall be the amount set forth on the Service Page.
4. The usage fees for the Service shall consist of the following
(1) Initial fee
The fee for the work required to prepare for the implementation of the Service (setup, etc.).
(2) Flat-rate usage fee
(2) Flat-rate usage fee: A flat-rate usage fee that accrues over the term of the contract for the Service that is provided on an ongoing basis. The subscription fee is calculated in accordance with the total contract period for which the user has applied. 5.
The usage fee for the Service shall be based on the usage amount at the time the subscription contract is concluded (or at the time of contract renewal, if the contract is renewed). However, only at the time of contract renewal, if the Company permits the user to renew the contract with the previous contract contents, the user may renew the contract at the usage fee before the renewal.
6. If the Company deems the usage fees for the Service to be inappropriate due to fluctuations in prices or maintenance and operation costs related to the Company's facilities, the Company may change the usage fees even within the contract period by notifying the user in accordance with Article 4. In the event of a change in the usage fee, the Company shall charge the difference between the usage fee already paid for the remaining period and the changed usage fee to the User who has already paid the usage fee, and the User shall pay the difference in accordance with the Company's request. 7.
7. In the event of a change in the tax rate in accordance with Paragraph 1, the Company may invoice Subscribers who have already paid the usage fee for the difference in the amount equivalent to the consumption tax for the remaining period of such prepaid usage fee from the date the tax rate change takes effect. In the event that the Company invoices the Subscriber, the Subscriber shall pay the difference in accordance with the payment method and deadline presented by the Company in the invoice.
Article 13 (Payment Method)
The user shall pay the Service fee to the Company by the payment due date set forth in the following article by the method selected by the user at the time of application among the payment methods set forth below.
(1) Credit card payment
Payment by credit card based on an agreement between the Company and the approved credit card company.
(2) Bank transfer
Payment by bank transfer (only Japanese Yen payment is accepted)
(3) Method approved by the Company
In addition to the preceding two items, payment by any other method that we have approved as a payment method at the time of application for the subscription agreement.
2. If a user selects "credit card payment" as the payment method for the Service, the Company may exchange information with credit card companies and credit card settlement agents at any time regarding the user's credit card information and the user's personal information that the Company receives from the user. If we deem it necessary, we may request the user to change the payment method.
Article 14 (Payment Due Date)
1. The user shall pay the usage fee for the Service within 7 days from the date of the subscription agreement.
2. Notwithstanding the provisions of the preceding paragraph, if the contract is renewed in accordance with Article 8, the user shall pay the renewed usage fees for the Service by the date of renewal of the subscription agreement.
3. The user shall pay the usage fee by the time the Company provides the Service. The Company shall not provide the Service until the User completes payment of the usage fee for the Service, and shall provide said Service after confirming payment of the usage fee.
Article 15 (Late Payment)
In the event of delay in payment of usage fees or initial fees, etc., the User shall pay a late payment penalty at the rate of 14.6% per annum.
Article 16 (Prohibited Matters)
1. In using the Service, Users shall not engage in any of the following acts or acts that may lead to such acts.
(1) Infringing the property, credit, honor, privacy, portrait rights, intellectual property rights (copyrights, design rights, patent rights, utility model rights, trademark rights, industrial property rights, etc.) or other rights of the Company, other users of the Service, or any third party
(2) Posting information that is harmful to the body, life, liberty, reputation, property, etc. of other users of this service or third parties, or content that is defamatory of such rights.
(3)acts of falsifying or deleting information that can be used for IP telecommunications network services
(4)acts that interfere with the use or management of facilities managed by the Company or a third party
(5) Interfering with the proper operation and maintenance of this service
(6)acts that place an excessive burden on the network or system of this service
(7) Unauthorized access to the Service's network, etc., or transmission of information containing computer viruses or other harmful computer programs.
(8) Acts that obtain or may obtain IDs, passwords, or other information of a third party (including corporations) against the intention of a third party by using a website or e-mail, etc. to take advantage of a third party's error, etc. (including acts of phishing fraud).
(9)acts of unfair advertising, advertisement, solicitation or sales to other users of the Service or other third parties
(10) Acts of using IP Communication Network Service by impersonating other users of the Service or third parties (including acts of crafting parts of mail headers, etc. in order to disguise oneself).
(11)acts of using or abusing bugs or other defects in the program
(12) Unauthorized use, transfer, or lending of IP addresses, accounts, login IDs, passwords, e-mail addresses, or domain names
(13) Violating the law, committing acts related to criminal acts (including but not limited to fraud, child prostitution, illegal sale and purchase of savings accounts or cell phones, etc.), or acts that offend public order and morals. (14) Acts that are offensive to public order and morals
(14) Providing information that is offensive to public order and morals to other users of the Service or third parties
(15) Directly and explicitly soliciting, mediating, or inducing (including requesting others to do so) illegal acts (such as transfer of guns, etc., provision of child pornography, forgery of official documents, murder, threats, etc.).
(16) Posting or transmitting to an unspecified large number of people cruel information such as murder scenes, images of animal abuse, or any other information that is or may be extremely objectionable to others from a socially accepted standpoint.
(17) Posting or transmitting to a large number of unspecified persons information that is or may be extremely detestable to others from a socially accepted viewpoint (meaning organized crime groups, organized crime groups, right-wing groups, antisocial forces, and other similar groups. The same shall apply hereinafter) (17) Any act of interacting or being involved in any way with antisocial forces, etc., such as cooperating or being involved in the maintenance, operation, or management of antisocial forces, etc. (meaning organized crime groups, organized crime groups, right-wing groups, antisocial forces, or other similar groups)
(18) Reselling the Service (including allowing a third party other than the User to use a portion of the User's account) without the Company's prior consent.
(19) Mining of cryptocurrency, data mining, or involvement in any of these acts.
(20) Directly or indirectly causing, facilitating, or encouraging acts that fall under any of the preceding items or have the potential to fall under any of the preceding items
(21) Posting links to sites that fall under any of the preceding items or have the potential to fall under any of the preceding items
(22) Other acts that the Company deems inappropriate as a user of the Service.
(2) In addition to the items in the preceding paragraph, the Company may, when necessary, establish separate prohibitions and precautions on the Service page, and Users shall comply with such prohibitions and precautions.
Article 17 (Use by Third Parties)
1. the user may, with the prior consent of the Company, allow a third party to use some or all of the functions provided by the Service (including, but not limited to, cases in which the user issues an ID, account, password, etc. to said third party and allows said third party to use said ID, account, password, etc.; the same shall apply to all provisions of this Article). The same shall apply to any of the provisions of this Article). (2) The User shall not be liable to the third party for any loss or damage arising from the use of the third party's ID, account, or password.
2. When allowing a third party to use all or part of the functions provided by the Service, the User shall be obligated to ensure that the third party complies with the prohibitions set forth in the preceding article. In the event that such third party performs an act that falls under the prohibited items, such act shall be deemed to be an act performed by the user, and the user shall assume all responsibility to third parties other than the Company and such third party. 3.
3. If a user allows a third party to use all or part of the functions of the Service, the user shall be responsible for responding to all inquiries, etc. from said third party.
4. With respect to any and all actions (including inaction) taken by a third party to whom the user allows part or all of the functions of the Service to be used by the user, the user shall assume all civil obligations and liabilities to the Company under the User Agreement or laws and regulations, regardless of whether the user is involved or not. The Company shall not be liable for any act or omission of any third party.
Article 18 (Maintenance, Management, etc. of the Service)
1. In using the Service, Users shall, at their own responsibility, properly manage their accounts and passwords issued by the Company, server facilities, communication facilities, and other information, equipment, software, systems, etc. which require maintenance and management by the Users in relation to the Service.
2. Users shall be fully responsible to the Company for any consequences resulting from the management described in the preceding paragraph (including consequences resulting from the disclosure, leakage, or disclosure to a third party of an account or password issued by the Company). (2) The user shall assume full responsibility to the Company for any consequences resulting from the management of the account or password issued by the Company.
3. The Company shall not be liable for any of the following, except in the case of willful misconduct or gross negligence on the part of the Company
(1) Occurrences related to leakage, loss, etc. of user data
(2) Our prevention of leakage, loss, etc. of user data
(3) Our response in the event of leakage, loss, etc. of user data
(4) Restoration of user data
(4) Regardless of the reason, in the event that a user transmits or posts a virus, malware, or other harmful computer program while using the Service, the Company may suspend provision of the Service to the user in order to maintain all services provided by the Company. In such cases, the Company shall assume no responsibility whatsoever for such action.
Article 19 (Agreement to Superior Terms, etc.)
1. with respect to the equipment, operating system, software, and other items to be used by the User in the Service (hereinafter referred to as "User Equipment, etc.") (1) In the event that the provider of the equipment, operating system, software, or other items to be used by the user in the Service (hereinafter referred to as "Equipment, etc.") stipulates terms and conditions for the use of such Equipment, etc. (the latest version at the time of use, hereinafter referred to as "Superior Terms, etc."), whether in the form of terms, licenses, or otherwise, the user agrees to be bound by such terms and conditions. In the event that the terms of use of the Equipment, etc. (the "Terms of Use, etc.") are set forth in the Terms of Use, you shall be obligated to comply with the Terms of Use, etc. when using the Service.
Except as otherwise provided in the Terms of Service, if there are any contradictory or conflicting provisions between the Terms of Service and the Superior Terms, etc., the provisions of the Superior Terms, etc. shall take precedence over the Terms of Service.
Article 20 (Use of Software, etc.)
1. Users may use the OS, applications, software, etc. (hereinafter collectively referred to as "Software, etc.") provided in the Service only for their own use in the Service, and may not use the Software, etc. beyond the scope permitted in the Superior Terms, etc. You may not use the Software, etc. beyond the scope permitted by the Superior Terms, etc. 2.
2. All copyrights and other rights related to the provided Software, etc. belong to the right holders of the provided Software, etc. The Company shall not assign, grant, or otherwise grant these rights to the User. However, in the event that the rights holder of the provided software requires a license from the Company in order for the user to use the provided software in the Service, and the Company is capable of granting such license, the Company may grant the user a license to use the provided software in accordance with the provisions of the rights holder, but only to the extent necessary for use of the Service. 3. The user shall grant a license only to the extent necessary for the use of the Service in accordance with the provisions of Paragraph 1.
3. The User shall be liable for compensation for any damage incurred by the Company due to the User's use of the Software beyond the scope of use permitted to the User as stipulated in Paragraph 1 or infringement of the rights of the Software as stipulated in the preceding Paragraph.
Chapter 4 Confidentiality of Communications and Handling of Personal Information
Article 21 (Protection of Secrets of Communications)
1. SBM shall protect the confidentiality of communications handled in connection with the provision of this Service in accordance with Article 4 of the Telecommunications Business Law, and shall use or store such confidential communications only to the extent necessary to ensure the smooth provision of this Service.
2. In any of the following cases, MUTOH HOLDINGS shall not assume the obligation of confidentiality set forth in the preceding paragraph, only to the extent described in each item.
(1) In the event that Article 218 of the Code of Criminal Procedure (search with a warrant) or other compulsory dispositions under the provisions of the said law are made: To the extent stipulated in the said law and warrant
(2) When the requirements for a request for disclosure based on Article 4 (Request for Disclosure of Sender Information, etc.) of the Law Concerning Disclosure of Sender Information are fulfilled: the scope of such request for disclosure.
3. in the event that a user engages in any of the prohibited acts listed in each item of Article 16, Paragraph 1, and interferes with the provision of the Service, SBM may provide a part of the information belonging to the user's confidential communications to a third party only to the extent necessary to ensure the smooth provision of the Service.
Article 22 (Protection of Personal Information, etc.)
1. The Company shall handle the personal information of users appropriately in accordance with the "Privacy Policy" set forth on the Company's website.
2. The Company shall use the personal information of users within the scope of the purposes of use stated in the "Privacy Policy" on the Company's website. 3.
3. The Company may entrust the personal information of users to subcontractors to the extent necessary for the purposes of use described in the preceding paragraph.
4. With the exception of the following items, the Company shall not provide the personal information of users to third parties other than the users themselves. Information that falls under the category of confidentiality of communications shall be handled in accordance with the provisions of the preceding article.
(1) When there is the consent of the user himself/herself
(2) When disclosing personal information to financial institutions, etc. to the extent necessary for the identification, payment, and collection of debts and credits related to the user's use of the service
(3) When a search or seizure is conducted as a compulsory disposition based on a warrant issued by a judge.
(4) When a public agency with the authority to make inquiries under the law makes an inquiry
(5) When providing personal information in accordance with other laws and regulations.
(5) When there is no longer a need to use the service, we will delete the user's personal information or information that is part of the confidentiality of communications. However, regardless of the purpose of our use, if we are obligated by law to preserve such information, we may retain such information to the extent necessary to fulfill such obligation.
Chapter 5 Discontinuation, etc., of Provision of the Service
Article 23 (Discontinuation of Provision, etc.)
1. the Company may suspend provision of the Service in any of the following cases
(1) When necessary for maintenance, construction, relocation, etc. of server equipment or telecommunications equipment related to the Service
(2) Cases in which it is necessary to give priority to urgent communications in the public interest due to the occurrence or threat of natural disasters or other emergencies in accordance with the provisions of Article 8 of the Telecommunications Business Law
(3) Cases in which telecommunications carriers, etc. other than our Company have suspended provision of telecommunications services
(2) When SOFTBANK TELECOM suspends provision of the Service in accordance with the preceding paragraph, SOFTBANK TELECOM will notify each User in advance that the Service will be suspended, the reason for such suspension, and the period during which the Service will be suspended. However, this shall not apply to cases of emergency. 3.
3. In the event that the Company suspends provision of the Service in accordance with Paragraph 1, or in the event that the Company deems it necessary to continue provision of the Service, the Company may relocate or migrate server equipment or telecommunications equipment, or take other necessary measures to the extent necessary to achieve the said purpose, without obtaining Users' consent. 4. We may take necessary measures to achieve the said purpose without obtaining the user's consent.
4. The Company shall not be liable to compensate for any damage incurred by the user as a result of actions taken in accordance with the preceding paragraphs.
Article 24 (Suspension of Provision, etc.)
1. In any of the following cases, the Company may suspend the provision of all or part of the Service to the relevant User, or restrict the use of the Service by the relevant User. However, the Company shall not be liable to the User for any damage caused by such suspension or limitation of use.
(1) In the event that the user is delinquent in the payment of fees
(2) When our company recognizes that the user's actions (including inaction) have caused or are likely to cause trouble with our server equipment or telecommunications equipment, etc., or otherwise interfere with the performance of our company's business.
(3) When it is newly discovered that the user has made a false statement on the application form, etc. when applying for the service
(4) When a user commits any of the prohibited acts stipulated in each item of Article 16, Paragraph 1
(5) When an act that falls under the prohibited acts stipulated in Article 16, Paragraph 1 is performed on the Service, regardless of whether or not the User is involved.
(6) When a user who has received a recommendation in each item of the following paragraph does not respond to said recommendation within the period specified by the Company
(7) In the event of any other violation of the Terms of Service.
(2) When a user commits an act that falls under any of the prohibited acts stipulated in each item of Article 16, Paragraph 1 (including cases where said act is committed on the Service, regardless of whether or not the user is involved), or when a user commits an act that falls under any of the prohibited acts stipulated in each item of Article 16, Paragraph 1 (2) In the event that a claim or demand is made to the Company by another party in connection with a User's use of the Service, or the Company deems it necessary for the operation of the Service, the Company may take the following actions against said User.
(1) Recommendation to stop any prohibited acts stipulated in each item of Article 16, Paragraph 1.
(2) Recommendation to hold discussions with other parties to resolve claims, etc.
(3) In the event that the Company takes any of the measures listed in the preceding paragraphs based on the preceding paragraph, the Company shall notify the user to that effect and the reason in advance. However, this shall not apply in cases of emergency.
Article 25 (Change of Type or Content of Service)
The Company may request a User to change the type or content of the Service to be used by the User in accordance with the User's use of the Service. Users may not refuse such request without justifiable reason.
Article 26 (Change of Contents of Contract)
1. In the event that the Service Page stipulates that the contents of the Service Agreement can be changed, the User may request that the contents of the Service Agreement be changed in accordance with the provisions of such stipulation.
2. If the user makes a request in accordance with the preceding paragraph, the Company shall handle the request in accordance with the provisions of Articles 6 and 7. 3.
3. In the event that the contents of the Usage Contract are changed in accordance with the preceding two paragraphs, even if the Usage Fees already paid by the User are higher than the Usage Fees based on the contract contents after the change, the User may not demand a refund of the difference in the Service Usage Fees from the Company in accordance with Article 12, Paragraph 2. The Company shall not be entitled to demand a refund of the difference in the service usage fee.
Article 27 (Discontinuation of Provision)
The Company may discontinue a specific type or content of the Service due to unavoidable business reasons. In such a case, the Company shall notify the User at least one month prior to the discontinuation.
Chapter 6 Termination of Usage Contract
Article 28 (Termination of Subscription Contract, etc.)
In the event that a user falls under any of the following circumstances, the Company may immediately terminate the subscription agreement without any notice or demand to the user in question.
(1) When Article 16, Paragraph 1 is violated
(2) When any of the items in Article 24, Paragraph 1 applies.
(3) When it is newly discovered at the time of conclusion of the contract that any of the reasons in each item of Article 7, Paragraph 1 exist in the user, or when any of the reasons in each item of the same paragraph occur in the user after the conclusion of the contract
(4) When the Subscriber is subject to a petition for seizure, provisional seizure, provisional disposition, disposition for delinquency, or auction, or when a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, special liquidation proceedings, corporate reorganization proceedings, or other bankruptcy proceedings is filed, or when the Subscriber goes into liquidation
(5) If there are reasonable grounds to believe that credit conditions have deteriorated, such as dishonored notes or checks.
Article 29 (Termination of Contract)
The user may terminate the subscription agreement at the end of the month in which the notice is given by notifying the Company, even during the subscription period. However, even if the user has already paid all or part of the usage fees corresponding to the remaining subscription period after the date of notification, the user may not request a refund of said fees in accordance with Article 12, Paragraph 2.
Chapter 7 Compensation for Damages, etc.
Article 30 (Compensation for Damages)
1. In the event that the User or his/her agent or employee or any other person related to the User causes damage to the Company due to an act in violation of the Terms of Service, the User shall compensate the Company for such damage.
2. In the case stipulated in the preceding paragraph, the user shall compensate not only for damages incurred by the Company, but also for attorney's fees and other actual costs incurred by the Company in recovering such damages.
Article 31 (Limitation on Compensation for Damages)
1. in the event that the User is unable to use the Service (limited to the Service continuously provided for a certain period of time) for reasons attributable to the Company, and such inability continues for 24 hours or more counting from the time when the Company becomes aware of the User's inability to use the Service, if the User requests the Company to compensate the Company for damages incurred by the User In such a case, if the Company is requested by the User, the Company shall compensate the User for damages actually incurred by the User up to the amount obtained by multiplying 1/30th of the amount equivalent to one month's subscription fee for the Service by the number of days of unavailability (rounded down to the nearest yen). 2.
2. Notwithstanding the provisions of the preceding paragraph, in the event that a user who is an individual (excluding cases where the user is a party to the contract as a business or on behalf of a business) suffers damages in connection with the use of the Service, the Company shall, only in the case of willful misconduct or gross negligence on the part of the Company, compensate the user for damages up to one-third of the amount equivalent to one month of the basic service usage fee for said Service multiplied by the number of days the Service is unavailable. In the event that a user of the Service (excluding the case of intentional misconduct or gross negligence) suffers damages in connection with the use of the Service, the Company shall be liable for compensation for damages actually incurred by the individual user, up to the amount obtained by multiplying the number of days of inability to use the Service by 1/30 (rounded down to the nearest yen).
3. If the amount of damages payable by us under the preceding two paragraphs is less than 10,000 yen, an extension of the contract period equivalent to the time of unavailability shall be substituted for compensation for damages.
4. If a user is unable to use the Service due to telecommunications services provided by a telecommunications carrier, the total amount of compensation for damages to the user shall be limited to the amount of compensation for damages received by SOFTBANK TELECOM from the telecommunications carrier for the telecommunications service, and SOFTBANK TELECOM will respond to the user's claim for compensation for damages in accordance with the preceding two paragraphs. We will respond to the User's claim for compensation for damages in accordance with the preceding two paragraphs.
Article 32 (Warranty, Disclaimer)
1. Except as otherwise specifically provided in the Terms of Service, the Company shall not make any warranty, express or implied, with respect to the provision of the Service to the User.
2. Except as otherwise specifically provided in the Terms of Service, the Company shall not be liable for any damages incurred by users in connection with the use of the Service, except in cases of intentional or gross negligence on the part of the Company, and shall not be liable for default of obligation, tort liability, or any other legal liability.
3. Notwithstanding the preceding paragraph, the Company shall not be liable for any damages incurred by Users due to natural disasters, war, riot, civil commotion, other force majeure, enactment, amendment, or abolition of laws, orders or disposition by public authority, acts of dispute, transportation, communication lines, or other causes beyond the Company's control.
4. the Company shall not be liable for any damage incurred between a third party (whether domestic or foreign) and the Company or a user arising out of the user's use of the Service. 4. The Company shall not be liable for any dispute arising between a third party (whether domestic or foreign) and the Company or a user as a result of the user's use of the Service, and the user shall settle such dispute on his/her own responsibility and at his/her own expense.
Chapter 8 (Exclusion of Antisocial Forces)
Article 33 (Exclusion of Anti-Social Forces)
1. the Subscriber shall not, on behalf of himself/herself or his/her agent, intermediary, or assistant in performance (a person whom the Subscriber uses to perform his/her duties, whether an individual or a corporation, including subcontractors used through third parties such as several business partners, etc.; hereinafter the same shall apply), use any of his/her own property or services for any purpose other than those of the Subscriber. The same shall apply hereinafter) (1) A person who is a member of a crime syndicate, a crime syndicate, a crime syndicate, or an organized crime group (hereinafter referred to as "Boryokudan")
(1) Being a member of a crime syndicate, a member of a crime syndicate, a person for whom five years have not passed since he/she ceased to be a member of a crime syndicate, a quasi-organized member of a crime syndicate, a person related to a crime syndicate, a company related to a crime syndicate, a general meeting house, a person who is a target of social activities, a special intelligence group, or other person similar thereto (hereinafter collectively called "anti-social force"). (1) The applicant is a person related to a crime syndicate.
(2) Antisocial forces have a relationship that is recognized as substantially controlling or being involved in the management of the company.
(3) Having a relationship that is deemed to involve antisocial forces, such as the use of the Service for the purpose of seeking unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.
(4)To have a relationship that is deemed to involve antisocial forces, such as providing funds or benefits to antisocial forces.
(5) Having a socially reprehensible relationship with antisocial forces.
2. The Subscriber shall ensure that he/she, his/her agent, intermediary, or assistant will not commit any of the following acts against the Company or the Company's related parties, either by himself/herself or by using a third party.
(1) Violent acts
(2) Use of fraudulent or threatening language
(3) Unreasonable demands beyond legal responsibility
(4) Any act that damages the Company's credibility or interferes with the Company's business
(5) Any other acts similar to the preceding items.
3. If the Company recognizes that a user has violated any of the preceding two paragraphs, the Company may immediately cancel all or part of the usage contract without any notice or demand to the user in question.
4. In the event that the Company recognizes that a user may fall under the category of antisocial forces, the Company may request the said user to provide explanations or materials as necessary, and the said user must promptly comply with such request. If the user does not respond promptly, or if we deem that the user has not responded in good faith by giving a false explanation or submitting false materials, we may immediately terminate all or part of the contract without any notice or demand to the user.
Chapter 9 Miscellaneous Provisions
Article 34 (Governing Law)
The Terms of Use and the User Agreement shall be made or entered into in accordance with the laws of Japan and shall be construed in accordance with the laws of Japan.
Article 35 (Dispute Resolution and Jurisdiction)
1. If any dispute, question, or unresolved matter arises in connection with the User Agreement, the Company and the User shall resolve it through good-faith consultation.
2. The district court or summary court having jurisdiction over the location of the Company's head office shall be the court of exclusive jurisdiction in the first instance for all disputes (including court mediation procedures) related to the Subscriber Agreement.
Supplementary Provisions
Article 1 (Commencement of Application)
These Terms of Use are the revised version of the Terms of Use established on May 11, 2020, and shall be applied from April 20, 2023, in accordance with Article 4 of the Terms of Use before the revision.
