Asahi Net, Inc.
1. The Asahi Net Business Service (hereafter called "Business Service") shall refer to Internet connection services offered by Asahi Net, Inc. (hereafter called "the Company") to businesses and organizations.
2. The Company reserves the right to make changes or additions at any time to the Business Service.
1. By consenting to this agreement and using the Company's prescribed methods of sign-up for services desired, the applicant, if approved by the Company, will be recognized as a Business Service member, hereafter referred to "Business Service members." Business Service members, along with Family members and Individual members (as defined elsewhere), will be hereafter referred to simply as "members."
2. The Company reserves the right to refuse membership in cases in which it judges there to be obstacles to the acceptance of an application.
3. Business Service members using the Company's Dial-up IP connection will receive from the Company an Internet connection membership identifier (Connection ID) and Connection password, as well as an Email membership identifier (Mail ID) and Mail password. Hereafter "Connection ID" and "Mail ID" will be called "ID", and "Connection password" and "Mail password" will be called "password."
4. Issuance by the Company of an ID and password shall constitute acceptance of Item 1 above.
1. The person who makes the application for a Business Service will be required to designate a person responsible for the Business Service membership.
2. Responsibility for the Business Service membership and use of the Company's Business Services lies with the person designated responsible for the Business Service membership.
3. Applications for pricing plan change, ID additions or deletions, optional services and their cancellation, cancellation of Business Service membership, etc. shall be carried out in accordance with the Company's methods by the person responsible for the Business Service membership, or the Business Service member's representative.
1. The Business Service member will use the the Company's Business Services at their own discretion.
2. The Company will bear no responsibility for any loss caused by deeds of Business Service users using the Company's Business services.
Personal information provided by members to the Company to enable provision of the Business Service can be disclosed to third parties in the following circumstances:
(1) When the member gives their consent.
(2) When a court order forces said disclosure.
(3) When laws regarding the protection of personal information or other laws force said disclosure.
1. The Business Service member, person responsible for the Business Service membership and user of the Business services bear full responsibility for the proper maintenance of any ID and password issued by the Company.
2. The Company will bear no responsibility for any loss or damage resulting from the incorrect or inappropriate use, or use by a third party, of any ID and password.
3. Should the user ID or password be forgotten, or the password stolen, the Business Service member or person responsible for the Business Service membership shall contact the Company without delay.
1. Business Service members will pay fees as determined by the Company. The method of payment will be chosen from among those offered by the Company.
2. Fees may change at any time, with prior notification.
The Business Service member, person responsible for the Business Service membership and user promises to refrain from the following kinds of actions and behaviors in their use of the Business User Service:
(1) Infringing a copyright held by another member, the Company, or a third party.
(2) Defamation or slander of another member, the Company, or a third party.
(3) Activities that will bring disadvantage upon another member, the Company, or a third party.
(4) Activities against the state or monarchy, or which threaten to be so.
(5) Activities which are illegal, or which push the limits of the law.
(6) Activities which obstruct the operation of the Business Service, or threaten to do so.
(7) Activities which jeapardize the condition of Internet, or threaten to do so.
(8) Activities which obstruct the smooth operation of the Internet, or threaten to do so.
1. The Company reserves the right to suspend Business Services and terminate Business Service membership without prior notification in the following cases. Any fees already paid by the Business Service member will not be refunded.
(1) The Business Service member performs some action or engages in behavior which the Company judges to be in violation of Section 7 of this agreement.
(2) It is discovered that the Business Service member falsified information on their membership application.
(3)The Business Service member is late in paying fees.
Business Service members are required to notify the Company without delay, using one of the methods of notification specified by the Company, whenever a change occurs in the company name or organization name, address/telephone, person responsible for the Business Service membership, or payment method, etc.
1. Business Service members are required to notify the Company of intent to terminate use of their Business Service by submitting a cancellation request to the Company during the calendar month prior to the final month for which membership is required, using one of the methods of notification specified by the Company. Cancellation becomes effective after the last day of the final month of membership.
2. When Business Service membership is terminated, fees, etc. paid up until that time will not be refunded.
1. Although the Company will endeavor to prevent outages of Business Services and of optional services, these may be suspended temporarily due to scheduled or emergency maintenance, power outage, natural disasters and other unavoidable circumstances, or for other reasons.
2. When the Business Service or optional services are to be interrupted, an announcement to this effect will be made on Asahi Net's home page, by e-mail, or by whatever other means possible. In emergency situations, however, it may not be possible to give prior notice.
For any of a variety of economic, technical or other reasons, it may be necessary to permanently terminate all or part of the Business Service or of optional services. In the event that the Business Service or an optional service is to be terminated, the Company will notify members at least two months in advance.
1. The Company will bear no responsibility for any loss or damage suffered by a Business Service member as a result of interruption of, or temporary or permanent stoppage of the Business Service or of optional services, for whatever reason.
2. The Company provides no guarantee that information received by a Business Service member through use of the Business Service or of optional services is in any way correct, complete, accurate, or useful.
3. The Company will bear no responsibility for any loss or damage suffered by a Business service member, person responsible for the Business Service membership or user resulting from use of the Business Service or optional services.
4. If, through use of the Business Service or optional services, a Business service member, person responsible for the Business Service membership or user causes loss or damage to be suffered by another member or by a third party, the Company expects that the Business service member, person responsible for the Business Service membership or user in question will bear the responsibility for, and the expense of, its resolution. The Company will not bear the burden of any such loss or damage.
5. Regardless of 14.1 and Item 14.3, should The Company suffer liability damages related to the use of the Business Service or of optional services by a Business Service member, in any circumstances excluding The Company's intent or negligence, the scope of liability in damages will be limited to the scope of the general damages actually incurred by the member. Furthermore the total amount will not exceed the amount of the charge (including consumption tax) The Company should receive from the member for the month in which the damages occurred.
The right to use the Business Service or an optional service cannot be sublet to, or transferred to, another party.
1. Any additional rules or regulations of which the Company informs Business Service members, persons responsible for the Business Service membership or users shall be considered an extension of this agreement.
2. In case the Company makes any additions or modifications to this agreement, it will make a prior announcement of the changes on the Asahi Net home page. After one month has passed following such notification, the Business Service member, person responsible for the Business Service membership or user will be deemed to have consented to the update.
This agreement shall become effective as of such time as a user ID and password (c.f. Section 2 item 4) are issued by the Company.
In the event that a dispute arises between a Business Service member, responsible person or user and the Company over this agreement, the exclusive jurisdictional court of first instance will be either Tokyo Regional Court (TOUKYOU CHIHOU SAIBANSHO) or Tokyo Summary Court (TOUKYOU KAN'I SAIBANSHO).
[28th April 2011]