1.Application of Bylaws
3.Definition of Terms
The notice from The Company to a member shall be delivered by an E-mail, mailed by a letter, posted on the website of The Company, or other means which The Company deems to be appropriate.
The notice under the preceding paragraph becomes effective at the time The Company displayed the contents of notification on a homepage, or an E-mail, letter, etc. are sent from The Company.
5.Unit of Agreement
For one ID given for this Service, one use agreement of Service (henceforth “Agreement”) shall be concluded.
6.conditionals of those who can apply
Those who can apply for these services must download the application of this service from our website or the website designated by us and put it into the communication equipment described in the article 23rd (terminal equipment), or must pre-install it as specified by us.
7.The Method of Application
8.Approval of application）
- When there is an application of this contract, The Company approves it in the received order.
- In the following cases, The Company may not approve the application of the contract irrespective of provisions in the preceding paragraph.
- When the provision of our Service is significantly difficult due to a reason related to business execution or a technical reason.
- When the person who applied to the subscription of the Service has been supended or canceled the use by The Company.
- When the person who applied to the subscription of the Service submit false information in the application.
- When the person who applied to the subscription of the Service has a restricted legal ability, a consent of legal representative, etc. is not obtained for the application.
- Otherwise, when The Company judges that it is inappropriate to approve the application.
9.Conclusion of Agerement
- Agreement shall be concluded at the time of approval after such proceeding was completed for the application to subscribe the Service.
- When there is no cancellation according to Article 13 (Cancellation by a Member) or Article 14 (Cancellation by The Company), The Company shall renew the Agreement automatically.
10.Prohibition of Assignment of Right and Obligation
The member cannot assign the rights and obligations incurred for the position hereunder and by Agreement or offer them as a security to a third party.
11.Succession of Status as a Member
- When succession of member’s rights and obligations occurs by the merger of corporations, etc., the status of the members shall also be inherited, and the existing or established corporation after the merger shall attach submit notice stating such with the proving document according to the prescribed procedure of company promptly.
- 2．When a member deceases, Agreement shall be terminated and the heir shall not succeed the Service.
12.Management of ID
- A member shall assume the obligation to manage ID and password.
- The member shall not let a third person use, sell, transfer, or rent his/her ID and password except for a specific third person under his/her management (a family member living together, or an employee in the case of a corporation).
- When third party uses ID and password of a member for the use of Service, the Company shall take no responsibility about the damage which the member suffers.
13.Cancellation by a Member
- When a member wish to cancel Agreement, he/she shall notify The Company with a prescribed method in advance.
- The Company shall cancel the Agreement when the notification in the preceding paragraph is confirmed.
14.Cancellation by The Company
The Company shall cancel Agreement, without a notice to a member or taking other procedure, when a member corresponds to the provisions of Article 16 (Suspension of Use).
15.Cease of Provision
The Company may cease provision of Service with an advanced notice to a member unless it is an unavoidable emergencies, such as maintenance or construction of equipment of The Company.
16.Suspension of Use
The Company may suspend the use of Service of a member without an advanced notice to a member or taking other procedure, when the member corresponds to either of the following.
- When there is a plea of bankruptcy, civil rehabilitation, reorganization of corporation, or commencement of a special liquidation.
17.Securement of Essential Communication
When there is or may be a natural disaster, incident, or any other emergency, The Company may restrict or suspend the use of Service to prevent disasters, ensure relief, traffic, telecommunication, or supply of electric power, or prioritize telecommunications required for the maintenance of order or other urgent telecommunication required for public interest based on Article 8 of telecommunications business laws, and related law.
18.Use of Networks Other than that of The Company
- When routing or using network, equipment, or wire of other companies, a member shall comply the regulation, etc. of the network concerned.
- The Company shall not take any responsibility about the network, equipment, or wire of other companies.
19.Limitation of Liability
The Company shall not take any liability irrespective of the existence of predictability about indirect damage, special damage, incidental damage, consequential damage, resultant damage and lost profit.
- The Company shall take no liability for the damage a member suffers by using or not being able to use the Service, or in relation to Agreement (including the case where it is caused by Articles 14 (Cancellation by The Company), 15 (Cease of Provision), 16 (Suspension of Use), 17(Securement of Essential Communication), and 21 (Prohibition) .)
- The Company shall take no obligation for the protection of information or data accumulated or saved in the equipment of The Company, and when there is loss, deletion, change, or an alteration of such, the same as in the preceding paragraph shall apply.
- The Company shall not provide any guarantee about the completeness, accuracy, usability, etc. of information which a member acquired by using the Service.
- The Company shall not take any liability about member’s action, and when a dispute arises between a member and a third party, while resolving it on his/her own liability and expense, the member shall exempt The Company from obligation. When a damage is inflicted on The Company, he/she shall assume liability to compensate the damage concerned.
- The Company shall not take any responsibility about the damage which the member suffers for the reason which cannot be attributed to The Company, such as force majeures, disaster, other inevitability, failure in equipment or wire at a third party.
A member shall not take following violating act (or an act with a risk of violation) when using the Service.
- The act which infringes rights of a third party or The Company, such as intellectual property rights including copyright and trademark right, or privacy, portrait rights, and other rights
- The act which slanders, defames, or damages the honor or trust of a third party or The Company
- The act of fraud or intimidation to a third party or The Company
- The act which causes a third party or The Company disadvantage
- The act of sending e-mails, etc. indiscriminately or in large quantities against recipients’ will
- The act of sending e-mails, etc. which a third party may be disgusted without obtaining the consent of the person
- The act of sending or posting a picture or text which is considered to be obscenity, child pornography, or a child abuse.
- The act of transmitting or displaying the image or data which is not suitable to be viewed by a halfling, or of selling or distributing a media which recorded such data and other adult-themed products.
- The act of establishing or persuading a multi-level sales program (pyramid scheme)
- The act of obtaining personal information of a third party without obtaining the consent of the principal or in fraudulent means (including so called phishing and other similar means.)
- The act of using the Service by pretending to be a third party (including the act of manipulating the mail header, etc. for camouflage.)
- The act of transmitting harmful computer program or leaving such program in a state where a third party can receive
- The act of hindering the management of equipment or business of a third party or The Company, or use of the Service by a third party
- The acts violating a law, or against the good public order (violence, prostitution, cruelty, blasphemous act and statement, etc.)
- The act of facilitating or promoting the acquisition of information or data which is applicable to either of preceding paragraphs by the means of linking etc.
- Other act which is judged inapropriate by The Company
- When a member violates provisions in the preceding paragraphs and there is a risk of hindrance to the business of The Company (including the loss or damage of telecommunicating equipment.),he/she shall pay the expense incurred for the correspondence by the date designated by The Company.
When The Company judges that a member corresponds to either of the items in Clause 1, The Company shall perform the following measure, without a notice or taking other procedure.
- To require a member to stop or correct the act concerned, move the data, or to perform other necessary measures.
- To place or delete the information or data displayed, transmitted, or accumulated by the member in a state where a third party cannot peruse.
- To perform other necessary measure in order to suspend prohibited acts.
- The Company shall not assume the obligation in the preceding clause, and even if a member or a third party suffers a damage because The Company does not perform the measure in the preceding clause, etc., it shall not take any liability about the damage.
22.Handling of the member information
- The Company shall acquire the member information based on legal and fair means, and shall use within the scope required for achievement of the purpose of use listed below.
- To provide a member with telecommunication service and a service related to telecommunication service (including sales support activities, such as identity verification, correspondence for inquiries, acceptance of various applications, notification to members, shipment of goods, payment of the commission for member acquisition, etc.).
- To contact members by e-mail, phone, mail, and other means to advertise or guide Service and products of The Company, the group company of The Company, and a partner company.
- To conduct a questionnaire, investigation, etc., to a member, as well as use the result of tabulation and analysis of the information acquired by conducting a questionnaire, investigation, etc. to a member.
- To prepare the data in a format with which members are unidentifiable, and analyze, use, announce, or application to a third party, etc. by extracting or editing the member information.
- The Company shall be able to commit the member information within the scope required for achievement of the purpose of use to a subcontractor.
- The Company does not provide a third party with the member information except for the case where there is consent of the relevant member or it is based on the items in the 1st section of Article 23 of Personal Information Protection Laws (Law No. 57 of 2003).
- A subscriber shall prepare at his own responsibility and expenses and manage equipment required in order to utilize these services, such as telecommunication facilities and software, and apparatus (hereinafter “terminal facilities”).
- A subscriber shall agree that the Company will designate required or appropriate facilities for use of these services, and if the subscriber doesn’t follow it, he may lose his rights to use these services.
- As of the date of application of this agreement, the required or appropriate facilities for use of these services provided in the preceeding paragraph shall be as follows.
- iPhone, iPod touch (*1)
- The handset with which Windows Mobile (*2) operates
- Ohter electric devices designated by The Company
- A user shall agree that The Company will utilize part of available areas given to the user by use of these services, as long as The Company doesn’t damage the user’s usual application.
24.Change of Service, etc.
- The Company shall be able to change the contents of the Service, etc., without an advanced notice or other procedure. However, in case the change is disadvantageous for a member, etc., The Company shall notify about it in advance.
- The Company can suspend and abolish all or a part of the Service with an advanced notice without obtaining consent of the members.
(※1) iPhone and iPod touch are the trademarks of Apple Inc.
(※2) Windows Mobile is a trademark of Microsoft.