ULTRA-BACKORDER Terms of Service
Chapter 1 General Provisions
Article 1 (Structure and Application of the Terms)
1. We provide internet-related services (the "Service") under a contract (the "Service Agreement," and a party who has entered into a Service Agreement with us, a "User") based on our terms, which are structured as follows.
i. Basic Terms
These set out the procedures for concluding a Service Agreement and matters that apply commonly across the Service.
ii. Service-Specific Terms
Service Basic Terms: for each basic service of the Service, these set out matters that apply only to that basic service and its optional services. Optional Terms: these set out matters that apply only to optional services that can be used only when added to a basic service of the Service. These may be set out within the Service Basic Terms or independently of them.
1. A Service Agreement is governed by these Basic Terms together with the Service-Specific Terms corresponding to the service used by the User, and its content is determined accordingly.
2. If there is any conflict or inconsistency between these Basic Terms and the Service-Specific Terms, the Service-Specific Terms shall take precedence. If there is any conflict or inconsistency between the Service Basic Terms and the Optional Terms within the Service-Specific Terms, the Optional Terms shall take precedence.
3. A Service Agreement is concluded separately for each basic service or optional service of the Service.
4. Unless otherwise specified, terms defined in any of our terms shall have the same meaning in our other terms.
Article 2 (Types of the Service)
1. The types and content of the Service shall be as set out in each Service-Specific Terms.
2. Among the Service, the types and content of basic services and optional services shall be as set out on the web pages describing each service on our website (the "Service Page").
Article 3 (Notices and Reports)
1. Notices and reports from us to a User shall be made by whatever method we consider appropriate, including sending an email to the User's designated email address, sending a written document, or posting on our website.
2. Where we make a notice or report by sending an email or posting on our website among the methods described in the preceding paragraph, such notice or report shall be deemed to have been made on the date we completed the processing necessary to send or make it available for transmission.
3. Where we have given a User a notice or report by the method described in Paragraph 1, we shall bear no responsibility whatsoever for any damage arising from such notice or report failing to reach the User, even if it does not reach them.
Article 4 (Amendment of the Terms)
1. We may amend these Basic Terms or the Service-Specific Terms. The amended Basic Terms or Service-Specific Terms shall also apply to Service Agreements already concluded.
2. We may amend, add to, or delete these Terms at any time without obtaining the User's consent. In such case, the amended Terms shall take effect from the time they are posted on the Service website.
Chapter 2 Conclusion of the Service Agreement, etc.
Article 5 (Conclusion of the Service Agreement)
1. (Application) An application to use the Service shall be made by entering the required information on the application screen displayed on our website and submitting it.
2. (Commencement Date of Use) Provision of the Service on a continuing basis shall commence from the commencement date we notify to the applicant, on the condition that the Service Agreement has been validly concluded and we have confirmed payment of the initial fee due.
3. Returns at the User's convenience are not accepted for the Service. As an exception, a return may be accepted, on the condition that the Service, including any free plan, has never been used, and only where we approve it. In such a case, a refund will be made by paying the return cost via our designated method, after deducting a return handling fee of ¥30,000, plus a 5.0% fee in the case of a credit card payment.
Article 6 (Formation of the Service Agreement)
1. A Service Agreement is formed when we notify the applicant of our acceptance, by a method of our choosing, in response to an application made by the method set out in the preceding paragraph. However, we may decline to accept an application in any of the following cases, and we bear no responsibility whatsoever for any damage arising from such non-acceptance.
i. Where we determine that providing the applied-for Service, or arranging or maintaining equipment for the Service, would be difficult.
ii. Where we determine there is a risk that the applicant will fail to perform its contractual obligations to us, such as having previously failed to perform contractual obligations to us.
iii. Where the application contains false statements.
iv. Where the applicant does not reside in Japan.
v. Where any of the grounds set out in Article 28, Paragraph 1, Items 2 and 3 exist with respect to the applicant.
vi. Where the credit card or bank account designated by the applicant for paying the Service fee cannot be properly used for settlement.
vii. Where the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance pursuant to Article 17, Paragraph 1 of the Civil Code, and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant for the application.
viii. Where we determine that providing the Service to the applicant would involve significant operational or technical difficulty.
ix. Where we determine there is a risk the applicant will use the Service in a manner that damages our social credibility.
x. Where we determine the applicant is affiliated with organized crime groups or other antisocial forces.
xi. Where we otherwise determine it inappropriate to accept the application.
2. Where we decline an application under the preceding paragraph, we bear no obligation to disclose the reason for declining it.
Article 7 (Change of Type)
1. Where the Service-Specific Terms provide that a User may change the type of Service the User uses, the User may, from the date specified in such provision, request that the type of Service be changed to another type.
2. Where a User makes a request under the preceding paragraph, we shall handle it in accordance with Articles 5 and 6.
3. Where the type is changed, the minimum usage period set out in Article 15 shall commence anew for the new type, from its commencement date of use.
Article 8 (Notification of Changes to Contract Details)
1. Where there is a change to any matter stated in the application form, the User shall promptly notify us using the prescribed form.
2. Where a User that is a corporation merges, the surviving corporation or the corporation newly established through the merger shall submit our prescribed documents to us within 14 days of the date of the merger.
3. We bear no responsibility for any damage suffered by a User or a third party due to a delay in, or failure to make, the notification described in the preceding two paragraphs, and where a notice or report from us fails to arrive or is delayed due to such delay or failure, it may be deemed to have arrived at the time it would ordinarily have arrived.
4. Where any of the following circumstances arise with respect to a User, we shall apply Paragraphs 2 and 3 mutatis mutandis, but only where the User's identity or the continuity of its business is recognized.
i. A change from an individual to a corporation.
ii. Succession to a new corporation through the division or business transfer of a corporate User.
iii. A change of representative of a User that is a voluntary association.
iv. Other changes analogous to the foregoing.
Article 9 (Inheritance)
1. Where a User who was an individual dies, the Service Agreement terminates. However, where an heir submits our prescribed documents within 14 days of the commencement of inheritance, stating that the heir alone succeeds to the position under the Service Agreement, that heir may succeed to that position.
Article 10 (Assignment, etc. of the Position under the Service Agreement)
1. A User may not assign its position or rights under the Service Agreement to a third party, provide them as collateral, or have a third party assume its position or obligations under the Service Agreement, without our prior written consent.
2. A User bears, toward us, all civil obligations and liabilities under the Service Agreement or applicable law arising from any act (including omissions) performed by a third party using an account we issued in connection with use of the Service, regardless of whether the User was involved.
Chapter 3 User's Obligations
Article 11 (Usage Fees)
1. Unless otherwise specified, the amount payable by a User to us shall be the total of the usage fee and the amount equivalent to consumption tax and local consumption tax imposed on payment of that usage fee (collectively, "Consumption Tax, etc."; the total, the "Fee"). Where the tax rate for Consumption Tax, etc. changes due to a change in law, the amount equivalent to Consumption Tax, etc. shall be calculated using the rate after the change.
2. The usage fee amount or Fee amount for the Service shall be posted on the Service Page for each service.
3. Unless otherwise specified in the Service Agreement, the usage fee amount for the Service shall follow the usage fee in effect at the time the Service Agreement was concluded. However, where we determine that the usage fee for the Service has become inappropriate due to changes in prices or in the costs of maintaining and operating our facilities, we may change the usage fee, even within the contract period, by notifying the User in accordance with Article 4, Paragraph 2.
4. Where the tax rate changes under Paragraph 1, we shall bill a User who has already paid the usage fee for the difference in the amount equivalent to Consumption Tax, etc. for the remaining period of the fee already paid, from the date the changed rate applies. In this case, the User shall pay such difference by the payment method and deadline we specify in that billing.
Article 12 (Payment Method)
1. A User shall pay the Fee to us, by the payment due date, using the method selected by the User at the time of application from among the payment methods set out in the following paragraph, in the manner appropriate for each service.
2. Unless specifically provided otherwise in the Service-Specific Terms, the Fee may be paid using one of the following methods.
i. Bank Transfer
Cash transfer from a bank, post office, convenience store, etc. (the transfer fee is borne by the User).
ii. Credit Card Payment
Payment by credit card through the credit settlement service we contract with.
Article 13 (Points Feature)
1. Definition of the Points Feature
The Points Feature is an electronic money program we provide in accordance with this chapter, which is a payment method allowing a User to pre-charge in advance an amount the User plans to use on ULTRA-BACKORDER.
2. Depositing to the Points Feature
i. Deposits to the Points Feature shall be made in accordance with the procedures and conditions we separately set out on our website.
ii. A deposit to the Points Feature cannot be cancelled once made.
iii. Fees payable to financial institutions and other associated costs incurred when depositing to the Points Feature shall be borne by the User.
3. Checking the Available Balance, etc.
The unused portion of amounts prepaid to the Points Feature (the "Points Balance") can be checked in the display on the management tool.
4. Use of the Points Balance
i. The Points Balance can be used to pay various usage fees on ULTRA-BACKORDER.
ii. The Points Balance cannot be exchanged for cash.
iii. A User shall not transfer, lend, pledge, or otherwise dispose of, or attempt to dispose of, its Points Balance to any third party.
5. Cancellation of the Points Balance
We may cancel all or part of a User's Points Balance without the User's consent in any of the following cases.
1. Where it can reasonably be determined that a Points Balance exceeding the balance that should have been granted to the User has been granted due to a system malfunction or similar cause.
2. Where we determine that a deposit procedure performed by the User involved fraud or false statements.
3. Where we otherwise determine it appropriate to cancel the Points Balance.
6. Expiration of the Points Balance
The expiration of a User's Points Balance shall be the time this Agreement terminates for that User.
7. Refund and Exchange of the Points Balance
Except where we are obligated to make a refund under the Act on Settlement of Funds, we will not refund or exchange for cash a User's Points Balance for any reason.
Article 14 (Late Payment Charges)
1. Where a User delays payment of the Fee, etc., the User shall pay a late payment charge at an annual rate of 14.5%.
Article 15 (Minimum Usage Period)
1. Unless otherwise specified in the Service-Specific Terms, the minimum usage period for a basic service of ULTRA-BACKORDER shall run from its commencement date of use until the day before the last day of the month in which one month from that date falls.
2. Unless otherwise specified in the Service-Specific Terms, the minimum usage period for an optional service shall be as set out on that optional service's Service Page. For optional services with no specific provision in the Service-Specific Terms, paid on a one-time basis, and with no minimum usage period stated on the Service Page, there is no minimum usage period.
3. Where a User's Service Agreement terminates through cancellation or otherwise within the minimum usage period set out in the preceding two paragraphs, the User shall, as a fee, pay an amount equivalent to the Fee for the period from the day after the termination date to the end of the minimum usage period, by our designated method, within 10 days of the termination date.
Article 16 (Prohibited Acts)
1. A User shall not engage in any of the following acts.
i. Acts that infringe, or risk infringing, our or a third party's intellectual property rights, including copyright and trademark rights.
ii. Acts that infringe, or risk infringing, our or a third party's property, privacy, or right of publicity.
iii. Acts that discriminate against, defame, or insult us or a third party, promote discrimination against us or a third party, or damage our or a third party's honor or credit, or risk doing so.
iv. Acts that constitute, or are highly likely to constitute, crimes such as fraud, abuse of controlled substances, child prostitution, or illegal trading of bank accounts or mobile phones.
v. Sending or posting obscene material, child pornography, or images or documents constituting child abuse.
vi. Setting up, or soliciting participation in, a pyramid scheme.
vii. Tampering with or deleting information available through the Service.
viii. Sending or posting viruses or other harmful computer programs.
ix. Unauthorized access to servers, network equipment, and other facilities that a User can directly operate through the Service after installation (including those installed by the User; "Server Equipment"), or to our router equipment, backbone facilities, line facilities, power facilities, or other facilities we use to provide the Service (excluding Server Equipment; "Telecommunications Equipment, etc.").
x. Sending unsolicited advertising, promotional, or solicitation emails (spam), or emails that cause or risk causing displeasure to the recipient (harassment emails), obstructing another person's receipt of email, requesting the chain forwarding of email (chain mail), or forwarding email in response to such a request.
xi. Acts that hinder, or risk hindering, the use or operation of our or a third party's facilities, Server Equipment, or Telecommunications Equipment, etc.
xii. Using the Service in a manner or mode that hinders, or risks hindering, a third party's communications.
xiii. Acts that obstruct, or risk obstructing, our provision of the Service.
xiv. Illegal gambling, or soliciting participation in it.
xv. Directly and explicitly undertaking, brokering, or soliciting (including asking another person to carry out) illegal acts such as the transfer of firearms, provision of child pornography, forgery of official documents, murder, or intimidation.
xvi. Posting, or sending to an unspecified large number of people, cruel information such as depictions of a person's killing, images of animal cruelty, or other information that would cause marked displeasure to others by ordinary social standards, or risks doing so.
xvii. Inducing or soliciting a person to commit suicide.
xviii. Facilitating the posting on web pages, by an unspecified number of people, of information that is connected to, or highly likely to be connected to, crime or illegal acts, or that unjustly defames or insults another person or infringes their privacy, or risks doing so.
xix. Acts that cause serious inconvenience to other Users or third parties, are not socially acceptable, or risk doing so.
xx. Acts contrary to public order and morals, or that risk being so.
xxi. Acts that violate laws and regulations, or risk doing so.
xxii. Placing a link in a manner or for a purpose that promotes an act, knowing it falls under any of the preceding items.
xxiii. Any other act we determine to be unbecoming of a user of the Service.
2. In addition to the preceding items, we may separately establish prohibitions and precautions on our website as necessary, and a User shall comply with them.
Article 17 (Use by Third Parties)
1. Where a User, in using the Service, allows a third party to use part or all of the functions provided by the Service (including, without limitation, where the User issues an ID, account, password, etc. to that third party for such use), the User is obligated to ensure that third party complies with the prohibitions set out in the preceding Article. In this case, we bear no obligation or liability whatsoever toward that third party under the Service Agreement.
2. Where the third party described in the preceding paragraph commits an act falling under a prohibited act, that act shall be deemed to have been committed by the User, and the User agrees to bear full responsibility to us and to third parties (other than that third party) for it. The User also bears, toward us, all civil obligations and liabilities under the Service Agreement or applicable law arising from any act (including omissions) performed by a third party through the Service used by the User, regardless of whether the User was involved.
Article 18 (Maintenance and Management of the Service)
1. In using the Service, a User shall, at its own responsibility, appropriately manage the account and password we issued, Server Equipment, communication equipment, and other information, equipment, software, and systems that the User is required to maintain and manage in connection with the Service, and bears full responsibility to us for any consequences resulting from such management (including consequences arising from the account or password we issued being disclosed to, leaked to, or inferred by a third party).
2. A User shall, at its own responsibility and expense, manage and back up data stored on equipment we make available for the User's use in connection with each service (including server equipment owned by the User and installed in our data center for use of the Service; "Subject Equipment") — meaning personal information, confidential information, and all other data stored in the User's area of the Subject Equipment since the Service began being provided ("User Data"). We have no involvement in or knowledge of User Data, and bear no responsibility whatsoever, regardless of cause, for any of the following matters.
o The occurrence of leakage, loss, etc. of User Data.
o Our prevention of leakage, loss, etc. of User Data.
o Our response in the event leakage, loss, etc. of User Data occurs.
o Recovery of User Data.
3. Where a Service Agreement for a given service terminates for any reason, whether by cancellation or otherwise, the User shall delete User Data from the Subject Equipment relating to that service by the termination date of that Service Agreement. If User Data remains on the Subject Equipment relating to that service despite the Service Agreement having terminated, we may delete that User Data and bear no responsibility whatsoever in connection with such deletion.
Article 19 (Consent to Higher-Level Terms, etc.)
1. Where the provider of any device, OS, software, or other item a User uses in connection with the Service (collectively, "User Equipment, etc.") has established terms, conditions, a license, or other conditions of use for such User Equipment, etc., under any name ("Higher-Level Terms, etc.," referring to the latest version in effect at the time of use), the User is obligated to comply with such Higher-Level Terms, etc. when using the Service.
2. Except as specifically provided in these Basic Terms or the Service-Specific Terms, where there is a conflict or inconsistency between the Basic Terms and Service-Specific Terms and the Higher-Level Terms, etc., the Higher-Level Terms, etc. shall take precedence.
Article 20 (Use of Software, etc.)
1. A User may use the OS, applications, software, and other items provided through the Service (collectively, "Provided Software, etc.") only for the User's own purposes in using the Service, and may not use them beyond the scope permitted under the Higher-Level Terms, etc.
2. Copyright and all other rights in the Provided Software, etc. belong to the rights holder of the Provided Software, etc. We do not assign or license any such rights to the User. However, where the rights holder of the Provided Software, etc. requires our authorization for a User's use of the Provided Software, etc. in the Service, and we determine we are able to grant such authorization, we shall, in accordance with the terms set by that rights holder, grant authorization to the User only to the extent necessary for use of the Service.
3. Where a User causes us damage by using the Provided Software, etc. beyond the scope of use permitted to the User under the preceding two paragraphs, or by infringing the rights in the Provided Software, etc. described in the preceding paragraph, the User shall be liable to compensate us for such damage.
Chapter 4 Secrecy of Communications and Handling of Personal Information
Article 21 (Protection of the Secrecy of Communications)
1. We protect the secrecy of communications handled in the course of providing the Service, pursuant to Article 4 of the Telecommunications Business Act, and use or retain such communications only to the extent necessary to ensure the smooth provision of the Service.
2. We shall not be bound by the confidentiality obligation of the preceding paragraph to the extent a compulsory disposition is carried out under Article 218 of the Code of Criminal Procedure (search under warrant) or other provisions of that Code, within the scope set out in the relevant law and warrant, or to the extent the requirements for a disclosure request under Article 4 (Request for Disclosure of Sender Information, etc.) 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 are satisfied, within the scope of that disclosure request.
3. Where a User engages in a prohibited act under any paragraph of Article 16 and thereby obstructs provision of the Service, we may provide part of the information constituting the secrecy of that User's 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. We shall appropriately handle a User's personal information in accordance with the "Privacy Policy" set out on our website.
2. We use a User's personal information within the scope of the purposes of use stated in the "Privacy Policy" set out on our website.
3. We may entrust a User's personal information to a subcontractor to the extent necessary for the purpose of use described in the preceding paragraph.
4. Notwithstanding the preceding paragraphs, we shall not provide a User's personal information to any third party other than the User, except in the following cases. Information constituting the secrecy of communications shall be handled in accordance with the preceding Article.
i. Where the User has given consent.
ii. Where disclosure of personal information to a financial institution is necessary within the scope required to identify, pay, and collect claims and obligations relating to the User's use of the Service.
iii. Where a compulsory disposition, such as investigation or seizure, is carried out pursuant to a warrant issued by a judge.
iv. Where an inquiry is made by a public authority with statutory authority to make such inquiries, or where otherwise provided pursuant to law.
v. Where we determine it constitutes an emergency evacuation or legitimate self-defense.
Article 23 (Suspension of Provision)
1. We may suspend provision of the Service where any of the following grounds exists.
o Where necessary for maintenance, construction, relocation, or similar work on Server Equipment or Telecommunications Equipment, etc.
o Where, pursuant to Article 8 of the Telecommunications Business Act, a natural disaster or other emergency has occurred or risks occurring, and it is necessary to give priority to urgent communications in the public interest.
o Where a telecommunications carrier, etc. suspends the provision of a telecommunications service.
2. Where we suspend the Service under the preceding paragraph, we shall notify each User in advance of such fact, the reason, and the period. However, this shall not apply where urgency requires otherwise.
3. Where we suspend provision of the Service under Paragraph 1, we may relocate Server Equipment or Telecommunications Equipment, etc. to the extent necessary to achieve the purpose of such suspension.
4. We bear no responsibility to compensate for any damage a User suffers due to a suspension under Paragraph 1 or a relocation, etc. under the preceding paragraph.
Article 24 (Temporary Suspension of Provision, etc.)
1. We may temporarily suspend provision of the Service to a User, or restrict that User's use of the Service, where any of the following grounds applies. We bear no responsibility to the User whatsoever in connection with such suspension or restriction.
o Where the User is in arrears on payment of the Fee.
o Where we determine that an act (including an omission) of the User has caused, or risks causing, a disruption to our Server Equipment or Telecommunications Equipment, etc., or otherwise disrupts the performance of our business.
o Where it is discovered that the User stated false information in the application.
o Where a User who received a request under Article 25, Paragraph 1, Item 1, 2, or 3 fails to comply with that request within the period we specify.
o Where we otherwise determine that the User has violated these Basic Terms or the Service-Specific Terms.
2. Where we suspend the Service or restrict use of the Service, we shall notify the User in advance of such fact, the reason, and the period. However, this shall not apply where urgency requires otherwise.
Article 25 (Deletion of Information, etc.)
1. Where we determine that a User has engaged in an act falling under a prohibition under Article 16, where a complaint or claim has been made to us by another person regarding the User's use of the Service and we determine it necessary, or where we otherwise determine it necessary for the operation of the Service, we may take any one or a combination of the following measures against that User.
o Requiring the User to cease an act falling under a prohibition under Article 16.
o Requiring the User to engage in discussions with another party to resolve a complaint, etc.
o Requiring the User to delete information posted on the internet using the Service.
o Deleting, without prior notice, all or part of the information posted on the internet by the User or persons related to the User through the Service from the Subject Equipment, or making it unavailable for viewing by others.
o Restricting use of part of the Service's functions.
o Temporarily suspending provision of the Service pursuant to the preceding Article.
o Terminating the Service Agreement pursuant to Article 28, Paragraph 1.
2. Where we take any of the measures under the preceding paragraph, we shall notify the User in advance of such fact, the reason, and the period. However, this shall not apply where urgency requires otherwise.
Article 26 (Change in Type or Content of the Service)
1. We may request that a User change the type or content of the Service the User uses, depending on the User's usage of the Service. A User may not refuse our request without a justifiable reason.
Article 27 (Discontinuation of Provision)
1. We may discontinue providing a particular type or content of the Service due to unavoidable business circumstances. In such case, we shall notify Users at least one month before discontinuation. However, this shall not apply where urgency requires otherwise.
Chapter 5 Termination of the Service Agreement
Article 28 (Termination of the Service Agreement, etc.)
1. We may immediately terminate the Service Agreement without any notice or demand to a User where any of the following grounds applies to that User.
i. Where any item of Article 6, Paragraph 1 or Article 24, Paragraph 1 applies.
ii. Where a seizure, provisional seizure, provisional disposition, disposition for failure to pay taxes, or petition for auction is received; where a petition to commence bankruptcy proceedings, civil rehabilitation proceedings, special liquidation proceedings, corporate reorganization proceedings, or other insolvency proceedings is filed; or where liquidation has commenced.
iii. Where a bill or check has been dishonored, or the User has otherwise suspended payments, or there is other reasonable ground to believe its creditworthiness has deteriorated.
2. We bear no responsibility to compensate for any damage a User suffers as a result of termination, etc. of the Service Agreement under Paragraph 1.
i. The contract period of the Service shall run from the commencement date of use we notify to the User until the end of the month following the fee payment period selected by the User at the time of contracting.
ii. Where neither we nor the User gives notice of non-renewal by the last day of the month preceding the month in which the contract period expires, the contract period shall automatically renew for the same period as the fee payment period described in the preceding item, and shall continue to do so thereafter.
Article 29 (Contract Period)
1. The contract period for each service shall run from the commencement date of use we notify to the User until the fee payment due date selected by the contracting party at the time of contracting. The fee payment due date is stated on each Service Page.
2. A renewal of the contract may not be processed normally once fewer than 31 days remain until the contract expiration date.
Chapter 6 Compensation for Damages, etc.
Article 30 (Compensation for Damages)
1. Where a User, or its agent, employee, or other person related to the User, causes us damage through an act that violates these Basic Terms or the Service-Specific Terms, the User shall compensate us for that damage.
Article 31 (Limitation of Liability for Damages)
1. In principle, we bear no liability whatsoever to a User for any damage arising from use of the Service, and have no obligation to compensate for such damage. However, this shall not apply where a User who is an individual (excluding a case where the User is a party to the contract as or for the purpose of a business) suffers damage due to our willful misconduct or gross negligence.
2. Where a User becomes unable to use the Service due to a telecommunications service provided by a telecommunications carrier, etc., the total amount of damages payable to all Users placed in that situation shall be limited to the amount of compensation we receive from that telecommunications carrier, etc. in connection with the relevant telecommunications service, and we shall respond to Users' claims for damages in accordance with the preceding paragraph.
Article 32 (Warranty, Disclaimer)
1. Except as specifically provided in these Basic Terms or the Service-Specific Terms, we make no warranty of any kind, whether express or implied, regarding our provision of the Service to a User, including but not limited to fitness for a particular purpose, effectiveness of function and effect, quality of service, security against threats, merchantability, completeness, accuracy, identity or consistency (in whole or in part) of replicated or relocated data, non-infringement of third-party rights, normal operation of equipment and facilities provided to the User based on the Service, and continuous provision of the Service.
2. Except as specifically provided in these Basic Terms or the Service-Specific Terms, we bear no liability, whether for breach of contract, tort, or any other legal basis, for any damage a User suffers in connection with use of the Service (including, without limitation, inability to use the Service, malfunction or failure of equipment, facilities, or software provided through the Service, delay in provision of the Service, corruption or loss of data installed by the User and theft or leakage thereof by a third party, infection by viruses, malware, etc., and damage arising from unauthorized access, cracking, or exploitation of security vulnerabilities by a third party; the same applies hereinafter). However, this shall not apply where a User who is an individual (excluding a case where the User is a party to the contract as or for the purpose of a business) suffers damage due to our willful misconduct or gross negligence.
3. Notwithstanding the preceding paragraph, we bear no responsibility to a User for delay or failure in performance of all or part of the Service due to a natural disaster, war, riot, civil insurrection, other force majeure, enactment, amendment, or repeal of laws and regulations, order or disposition by public authority, labor dispute, or any cause attributable to a transportation provider, communications line, or other party not attributable to us.
4. With respect to a dispute arising between us or a User and a third party (whether domestic or foreign) in connection with the User's use of the Service, the User shall resolve it at its own responsibility and expense, and we bear no responsibility whatsoever.
Chapter 7 Elimination of Antisocial Forces
Article 33 (Elimination of Antisocial Forces)
1. A User represents that, as of the commencement date of use, neither the User nor its agent, intermediary, or performance assistant (meaning a person the User uses to conduct its business, whether an individual or a corporation, including a subcontractor used through a third party such as a multi-tier business partner; the same applies hereinafter) falls under any of the following items, and warrants that none of them will fall under any of the following items in the future.
i. Being a organized crime group (boryokudan), a member of an organized crime group, a person who ceased to be a member of an organized crime group less than five years ago, a quasi-member of an organized crime group, a person affiliated with an organized crime group, a company affiliated with an organized crime group, a corporate racketeer (sokaiya), a group professing social causes for extortionist purposes, a special intelligence-based violent group, or any person equivalent to the foregoing (collectively, "Antisocial Forces").
ii. Having a relationship in which Antisocial Forces are found to substantially control or be involved in the management of the party.
iii. Having a relationship found to unjustly make use of Antisocial Forces, such as for the purpose of securing improper benefit for itself or a third party, or for the purpose of causing damage to a third party.
iv. Having a relationship found to be involved with Antisocial Forces, such as by providing them funds or other benefits.
v. Having a relationship with Antisocial Forces that should be socially condemned.
2. A User warrants that neither the User, the User's agent, intermediary, nor performance assistant will, itself or through a third party, engage in fraud, violent acts, intimidating language, unreasonable demands exceeding legal liability, acts that damage our credit or obstruct our business, or any other similar act, against us or persons related to us.
3. Where we determine that a User has violated either of the preceding two paragraphs, we may immediately terminate all or part of the Service Agreement without any notice or demand to that User.
4. Where we determine that a User falls under Antisocial Forces, we may require that User to provide an explanation or materials as necessary, and the User must promptly comply. Where we determine that the User has not promptly complied, or has not responded in good faith, such as by providing a false explanation or false materials, we may immediately terminate all or part of the Service Agreement without any notice or demand to that User.
Chapter 8 Miscellaneous Provisions
Article 34 (Governing Law)
1. These Basic Terms, the Service-Specific Terms, and the Service Agreement shall be prepared or concluded in accordance with, and interpreted in accordance with, the laws of Japan.
Article 35 (Dispute Resolution)
1. Where a dispute, question, or matter not otherwise agreed arises in connection with the Service Agreement, we and the User shall resolve it through good-faith discussions.
2. For disputes relating to the Service Agreement, the Tokyo District Court or the Tokyo Summary Court having jurisdiction over our location, or the Osaka District Court, whichever we designate, shall be the exclusive agreed court of first instance.
Supplementary Provisions
Article 1 (Effective Date)
These Terms take effect from January 15, 2024 (Reiwa 6), the date of publication.