Asahi Net, Inc.
1．The Asahi Net Individual Membership Service (hereafter called "the Service") shall refer to the (dial-up IP and BBS-based) Internet connection services, BBS services, and Individual Home Page Service offered by Asahi Net, Inc. (hereafter called "the Company") to private individuals.
2．The Company reserves the right to make changes or additions at any time to the 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 member (hereafter called "Individual member"). Individual members, along with Family members and Business 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．Issuance by the Company of an Individual member user ID and password shall constitute acceptance of Item 2.1 above.
1．The Individual member bears full responsibility for the proper maintenance of the user ID and password.
2．It is not possible to transfer a membership (i.e. user ID and password) to another person.
3．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 the user ID and password.
4．Should the user ID or password be forgotten, or the password stolen, the member shall contact the Company without delay.
Personal information provided by Individual members to the Company to enable provision of the Service can be disclosed to third parties in the following circumstances.
1. When the Individual 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.
Information obtained via the Service may be employed only for private use by individuals. Permission for any other use of such information must be obtained in advance from the copyright holder, if any, and the Company.
The Company reserves the right to take (or for its authorized representative to take) message content and other information contributed by Individual members through use of the Service from specific local conferences and bulletin boards offered as part of the Service, and to reproduce this content in other media without prior permission of the contributor. That any information contributed may be reused without permission shall be clearly stated in such conferences and bulletin boards by the Company or its authorized representative.
1. Individual 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 Individual member promises to refrain from the following kinds of actions and behaviors in his/her use of the 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. Anything that will bring disadvantage upon another member, the Company, or a third party.
4. Publicity-seeking or propaganda-style activities.
5. Generally anti-social behavior and that which violates commonly accepted moral standards.
6. Activities which are illegal, or which push the limits of the law.
7. Obstructing the operation of the Service.
9. Obstructing the smooth operation of the Internet.
11. Allowing a third party to use a member's Internet connection service, except when authorized by the Company.
Profit-motivated activities by members of the Asahi Net Individual Membership Service is limited to only those members who agree to bear full responsibility for their profit-motivated activities.
1. The Company reserves the right to delete content posted by Individual members in the following cases:
(1) The Company judges that the content violates the prohibitions given in Section 8 or Section 9.
(2) The "lifetime" (fixed length of time after posting) of the content has expired.
(3) The Company judges that, for some other reason, the posting is inappropriate.
2. In the event that the Company deletes content posted by a member, it is under no obligation to reveal its reason for doing so.
1. The Company reserves the right to terminate an Individual membership without prior notification in the following cases. Any fees already paid by the member will not be refunded.
(1) The member performs some action or engages in behavior which the Company judges to be in violation of Section 8 or Section 9 of this agreement.
(2) It is discovered that the member falsified information on his/her membership application.
(3) The member is late in paying fees.
Individual members are required to notify the Company without delay when a change occurs in the member's name, home address/telephone, or payment method (credit card, etc).
1. Individual members are required to notify the Company of intent to cancel during the calendar month prior to the final month of membership, using one of the methods of notification specified by the Company. Cancellation becomes effective after the final day of the final month of membership.
2. When a membership is terminated, fees, etc. paid up until that time will not be refunded.
1. Although the Company will endeavor to prevent outages of the Service 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 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 Service or of optional services. In the event that the Service or an optional service is to be terminated, the Company will notify members at least one month in advance.
1. The Company will bear no responsibility for any loss or damage suffered by an Individual member as a result of interruption of, or temporary or permanent stoppage of the Service or of optional services, for whatever reason.
2. The Company provides no guarantee that information received by an Individual member through use of the 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 an Individual member resulting from the member's use of the Service or optional services.
4. If, through use of the Service or optional services, an Individual member causes loss or damage to be suffered by another member or by a third party, the Company expects that the Individual member 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 Item 16.1 and Item 16.3, should The Company suffer liability damages related to the use of the Service or an optional service by an Individual 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 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 the Individual members 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 Individual member 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. Item 2.3) are issued by the Company.
In the event that a dispute arises between an Individual member 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]