Terms of Service

These are the Terms of Service for NRNIC Free Nameserver (the "Service").

Chapter 1 — General Provisions

Article 1 (Structure and Application of the Terms)

1. We ("the Company") provide internet-related services (the "Service") under agreements ("Usage Agreements") entered into pursuant to our terms, which are structured as follows. A party who enters into a Usage Agreement with the Company is a "User."

i. General Terms

These set out the procedure for entering into a Usage Agreement and matters applicable to the Service as a whole.

ii. Service-Specific Terms

Service Basic Terms: set out matters applicable only to a given basic service of the Service, and to its associated optional services. Optional Terms: set out matters applicable only to optional services that are available solely as an addition to a basic service. These may be set out within the Service Basic Terms or separately from them.

1. A Usage Agreement is governed by these General Terms together with the Service-Specific Terms corresponding to the service the User uses, which together regulate the content of the Usage Agreement.
2. Where these General Terms conflict with the Service-Specific Terms, the Service-Specific Terms prevail. Where the Service Basic Terms conflict with the Optional Terms, the Optional Terms prevail.
3. A Usage Agreement is entered into separately for each basic service and each optional service of the Service.
4. Unless otherwise specified, a term defined in any of our terms carries the same meaning across all of our terms.
5. Except where expressly stated, a web page referenced within these General Terms or the Service-Specific Terms (whether identified by URL, name, or otherwise) does not form part of the terms.

Article 2 (Types of Service)

1. The types and content of the Service are as set out in the applicable Service-Specific Terms.
2. The types and content of the basic services and optional services within the Service are as set out on the web pages describing each service on our website (the "Service Pages").

Article 3 (Notices and Reports)

1. We will send notices and reports to Users by whatever method we consider appropriate, including sending an email to the User's designated email address, sending a document by mail, or posting on our website.
2. Where we give notice or a report by email or by posting on our website, it is deemed given on the date we complete the process necessary to send or publish it.
3. Where we have given notice or a report to a User by a method described in Paragraph 1, we bear no responsibility for any damage arising from the User's failure to actually receive it.

Article 4 (Amendment of the Terms)

1. We may amend these General Terms or the Service-Specific Terms. Amended terms also apply to Usage Agreements already in effect.
2. We may amend, add to, or delete these Terms at any time without obtaining the User's consent. In that case, the amended Terms take effect from the time they are posted on the Service's website.

Chapter 2 — Formation of the Usage Agreement

Article 5 (Formation of the Usage Agreement)

1. (Application) An application to use the Service is made by completing the required information on the application screen shown on our website and submitting it.
2. (Start Date) For Services provided on a continuing basis, provision begins on the start date we notify to the applicant, on condition that the Usage Agreement has validly been formed and we have confirmed receipt of the first payment due.

Article 6 (Formation of the Usage Agreement)

1. A Usage Agreement is formed when we notify the applicant of our acceptance, by our prescribed method, of an application made under the preceding article. 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 our declining to do so.
   1. Where we determine that providing the requested Service, or arranging or maintaining the equipment related to the Service, would be difficult
   2. Where we determine there is a risk that the applicant will fail to perform their contractual obligations to us, including because they have previously failed to do so
   3. Where the application contains false statements
   4. Where the applicant does not reside in Japan
   5. Where any of the circumstances set out in Article 28, Paragraph 1, Items 2 and 3 exist with respect to the applicant
   6. Where the credit card or bank account the applicant designates for payment of Service fees cannot properly be used for settlement
   7. Where the applicant is a minor, an adult ward, a person under curatorship, or a person subject to an assistance order under Article 17, Paragraph 1 of the Civil Code, and has not obtained the consent of a legal representative, guardian, curator, or assistant, as applicable, for the application
   8. Where we determine that providing the Service to the applicant would present significant operational or technical difficulty
   9. Where we determine there is a risk that the applicant will use the Service in a manner that damages our social credibility
   10. Where we determine that the applicant is affiliated with organized crime groups or other antisocial forces
   11. Where we otherwise determine it inappropriate to accept the application
2. Where we decline an application for the Service under the preceding paragraph, we bear no obligation to disclose our reasons for doing so.

Article 7 (Change of Type)

1. Where the Service-Specific Terms provide that a User may change the type of Service they use, the User may, from the date specified in those terms, request that the type be changed to another type.
2. Where a User makes a request under the preceding paragraph, we will handle it in accordance with Articles 5 and 6.
3. Where the type is changed, the minimum usage period set out in Article 15 begins anew, from the start date of the new type.

Article 8 (Notification of Changes to Contract Details)

1. Where any matter stated in the application changes, the User shall promptly notify us in the prescribed manner.
2. Where a User that is a corporation merges with another entity, the surviving or newly formed corporation 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 as a result of a delay in, or failure to make, the notification described in the preceding two paragraphs, and where such a delay or failure causes a notice or report from us to go undelivered or to be delivered late, we may treat it as having arrived at the time it would ordinarily have arrived.
4. Where any of the following circumstances arise with respect to a User, we will apply Paragraphs 2 and 3 above by analogy, but only where the identity or continuity of business of the User is recognized.
   1. A change from an individual to a corporation
   2. Succession to a new corporation through the division or transfer of business of a User that is a corporation
   3. A change of representative of a User that is an unincorporated association
   4. Any other change analogous to the foregoing

Article 9 (Inheritance)

1. Where a User who is an individual dies, the Usage Agreement terminates. However, where an heir notifies us using our prescribed documents, within 14 days of the commencement of inheritance, that they will solely succeed to the position under the Usage Agreement, that heir may succeed to the User's position under the Usage Agreement.

Article 10 (Assignment of the Position under the Usage Agreement, etc.)

1. A User may not assign their position or rights under the Usage Agreement to a third party, provide them as security, or have a third party assume their position or obligations under the Usage Agreement, without our prior written consent.
2. The User bears, toward us, all civil liabilities and obligations under the Usage Agreement or applicable law arising from any act (including any omission) carried out by a third party using an account we have issued in connection with the Service, regardless of whether the User was involved.

Chapter 3 — Responsibilities of the User

Article 11 (Usage Fees)

1. Unless otherwise specified, the amount payable by the User to us is the total of the usage fee and the consumption tax and local consumption tax equivalent amount charged on payment of that fee (together, the "Fee"). Where the tax rate for consumption tax etc. changes due to a change in law, the equivalent amount charged on payment of the usage fee will be calculated using the rate after the change.
2. The usage fee or fee amount for the Service is posted on the Service Page for each service.
3. Unless otherwise specified in the Usage Agreement, the usage fee for the Service follows the usage fee in effect at the time the Usage Agreement was entered into. However, where changes in prices or in the costs of maintaining and operating our facilities lead us to determine that the usage fee for the Service is no longer reasonable, we may change the usage fee, even during the contract term, by notifying the User in accordance with Article 4, Paragraph 2.
4. Where the tax rate changes under Paragraph 1, we will bill a User who has already paid a usage fee for the difference in the consumption tax etc. equivalent amount for the remaining period of the already-paid usage fee, from the date the changed tax rate takes effect. In this case, the User shall pay the difference by the payment method and deadline we specify in that billing.

Article 12 (Payment Method)

1. The User shall pay the Fee to us, by the payment deadline, using a payment method selected at the time of application from among the methods set out in the following paragraph, in the manner applicable to each service.
2. Unless otherwise specifically provided in the Service-Specific Terms, the Fee may be paid by one of the following methods.

i. Bank transfer

Cash transfer from a bank, post office, convenience store, or similar (the transfer fee is borne by the User).

ii. Credit card payment

Payment by credit card through a 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 under this chapter, which allows a User to pre-charge in advance an amount to be used toward fees the User plans to use on Ultra Domain.

2. Depositing into the Points Feature

1. Deposits into the Points Feature shall be made in accordance with the procedures and conditions we separately establish on our website.
2. A deposit into the Points Feature cannot be cancelled once made.
3. Any fees payable to financial institutions and any other costs incurred when depositing into the Points Feature are borne by the User.

3. Confirming the Available Balance

The unused balance of amounts prepaid into the Points Feature (the "Points Balance") can be confirmed in the display of the management tool.

4. Use of the Points Balance

1. The Points Balance may be used on Ultra Domain to pay for various usage fees.
2. The Points Balance cannot be exchanged for cash.
3. The User shall not transfer, lend, or pledge as security the Points Balance they hold to any third party, and shall not attempt to do so.

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 we can reasonably determine that, due to a system malfunction or similar, a Points Balance exceeding the amount that should have been granted to the User has been granted
2. Where we determine that there was fraud or a false statement in the deposit procedure carried out by the User
3. Where we otherwise determine it appropriate to cancel the Points Balance

6. Expiration of the Points Balance

The expiration date of a User's Points Balance is the time the User's contract under these Terms ends. Where 2 years have passed since the last login, the account will be deleted for security reasons, and any points will be forfeited.

7. Refund and Exchange of the Points Balance

Except where we are obligated to make a refund under the Payment Services Act, we will not, for any reason, refund or exchange for cash a User's Points Balance.

Article 14 (Late Payment Charges)

1. Where a User delays payment of the Fee or other amounts, the User shall pay a late payment charge at an annual rate of 14.5%.

Article 15 (Minimum Usage Period)

1. Unless otherwise specifically provided in the Service-Specific Terms, the minimum usage period for a basic service runs until the last day of the month in which the date 3 months after the start date of that basic service falls.
2. Unless otherwise specifically provided in the Service-Specific Terms, the minimum usage period for an optional service is as set out on the Service Page for that optional service. An optional service for which the Service-Specific Terms make no specific provision, whose payment method is a one-time payment, and for which the Service Page sets no minimum usage period, has no minimum usage period.
3. Where the Usage Agreement for the Service ends, by cancellation or otherwise, within the minimum usage period set out in the preceding two paragraphs, the User shall pay, as a handling fee and within 10 days of the date the Usage Agreement ends, an amount equivalent to the fee for the period from the day after the Usage Agreement ends through the end of the minimum usage period, by the method we designate.

Article 16 (Prohibited Acts)

1. A User shall not engage in any of the following acts.

1. An act that infringes, or risks infringing, the copyright, trademark rights, or other intellectual property rights of us or a third party
2. An act that infringes, or risks infringing, the property, privacy, or right of publicity of us or a third party
3. An act that discriminates against, defames, insults, or promotes discrimination against us or a third party, or that damages, or risks damaging, the honor or credibility of us or a third party
4. An act that leads, or has a high risk of leading, to a crime such as fraud, abuse of controlled substances, child prostitution, or the unlawful sale of bank accounts or mobile phones
5. An act of transmitting or posting an obscene image or document, or one that constitutes child pornography or child abuse
6. An act of establishing, or soliciting participation in, a pyramid scheme
7. An act of falsifying or deleting information accessible through the Service
8. An act of transmitting or posting a virus or other harmful computer program
9. An act of unauthorized access to server equipment, network devices, or similar equipment that a User can directly operate through the Service after installation (including equipment 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 Facilities")
10. An act of sending, without prior consent, email for the purpose of unsolicited advertising, promotion, or solicitation (such as spam email) or email that another person finds, or is likely to find, offensive (harassing email); an act of obstructing another person's receipt of email; an act of requesting the forwarding of chain email; or an act of forwarding email in response to such a request
11. An act that interferes, or risks interfering, with the use or operation of the equipment, Server Equipment, or Telecommunications Facilities of us or a third party
12. An act of using the Service in a manner or mode that interferes, or risks interfering, with a third party's communications
13. An act that obstructs, or risks obstructing, our provision of the Service
14. An act of unlawfully engaging in, or soliciting participation in, gambling
15. An act of directly and explicitly undertaking, brokering, or inducing (including by asking another person to carry out) an unlawful act (such as the transfer of firearms, provision of child pornography, forgery of official documents, murder, or intimidation)
16. An act of posting, or transmitting to an unspecified number of people, cruel information such as footage of a person being killed, images of animal abuse, or other information that would, under generally accepted social norms, cause extreme discomfort to others, or that carries a risk of doing so
17. An act of inducing or soliciting another person to commit suicide
18. An act of promoting the posting, by an unspecified person, on a web page of information that leads to, or has a high risk of leading to, crime or unlawful conduct, or that unjustly defames, insults, or invades the privacy of another person, or carries such a risk
19. An act that causes significant inconvenience to other Users or third parties, that is not socially acceptable, or that carries such a risk
20. An act contrary to public order and morals, or that carries such a risk
21. An act that violates any law or regulation, or that carries such a risk
22. An act of creating a link in a manner or for a purpose that promotes any of the acts in the preceding items, while knowing that the act falls under one of those items
23. Any other act that we determine to be unbefitting of a User of the Service

2. In addition to the preceding paragraph, we may separately establish prohibitions and cautions on our website as needed, and the User shall comply with them.

Article 17 (Use by Third Parties)

1. Where, in using the Service, a User causes a third party to use part or all of the functions provided by the Service (including, without limitation, by issuing an ID, account, or password to that third party for their use), the User is obligated to ensure that the 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 Usage Agreement.
2. Where, in the case described in the preceding paragraph, the third party engages in an act falling under a prohibited act, the User is deemed to have engaged in that act, and the User agrees to bear full responsibility toward us and toward third parties (other than the third party referred to in the preceding paragraph). The User also bears, toward us, all civil liabilities and obligations under the Usage Agreement or applicable law arising from any act (including any omission) carried out by a third party in connection with the Service the User uses, regardless of whether the User was involved.

Article 18 (Maintenance and Management of the Service)

1. In using the Service, the User shall, at their own responsibility, appropriately manage the account and password we have issued, the Server Equipment, communications equipment, and any other information, devices, software, and systems that the User is required to maintain and manage in connection with the Service, and shall bear full responsibility toward us for any result arising from that management (including any result arising from the account or password we issued being disclosed to, leaked to, or inferred by a third party).
2. The User shall, at their own responsibility and expense, manage and back up the data (meaning personal information, confidential information, and any other data stored in the area for the User's use on the relevant equipment since the Service began being provided; "User Data") stored on equipment we have made available for the User's use in connection with each Service (including any server equipment owned by the User and installed by the User within our data center for use of that Service; the "Equipment"). We are not involved in, and have no knowledge of, User Data, and bear no responsibility whatsoever, regardless of the cause, for any of the following:
   • The occurrence of leakage, loss, or similar with respect to User Data
   • Our prevention of leakage, loss, or similar with respect to User Data
   • Our response where leakage, loss, or similar with respect to User Data has occurred
   • Recovery of User Data
3. Where, regardless of the cause, the Usage Agreement for a Service ends due to cancellation or termination, the User shall delete User Data from the Equipment related to that Service by the date the Usage Agreement ends. Where User Data remains on the Equipment related to that Service despite the Usage Agreement having ended, we may delete that User Data and bear no responsibility whatsoever in connection with that deletion.

Article 19 (Consent to Higher-Level Terms, etc.)

1. Where the provider of any device, OS, software, or other item the User will use in connection with the Service (collectively, "Usage Equipment, etc.") establishes conditions of use for that Usage Equipment, etc.—whether called terms, rules, a license, or otherwise, and referring to the most current version at the time of use ("Higher-Level Terms, etc.")—the User is obligated to comply with the Higher-Level Terms, etc. when using the Service.
2. Except where specifically provided otherwise in these General Terms or the Service-Specific Terms, where a provision of the General Terms or Service-Specific Terms conflicts with the Higher-Level Terms, etc., the provision of the Higher-Level Terms, etc. prevails.

Article 20 (Use of Software, etc.)

1. The 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. All copyrights and other rights in the Provided Software, etc. belong to the rights holder of the Provided Software, etc. We do not assign or license any of these rights to the User. However, where the rights holder of the Provided Software, etc. requires our permission for a User to use the Provided Software, etc. in connection with the Service, and where we determine that we are able to grant such permission, we will, in accordance with the terms set by that rights holder, grant permission to the User only to the extent necessary for use of the Service.
3. Where the 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 is liable to compensate us for that 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 that we handle in providing the Service, in accordance with Article 4 of the Telecommunications Business Act, and use or retain such communications only to the extent necessary to ensure smooth provision of the Service.
2. We do not bear the confidentiality obligation described in the preceding paragraph where a compulsory disposition is carried out under Article 218 of the Code of Criminal Procedure (search under warrant) or other provisions of that Act, to the extent set out in the applicable law and warrant, or where the requirements for a disclosure request under Article 4 (Requests 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, to the extent of that disclosure request.
3. Where a User engages in a prohibited act under any item 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 smooth provision of the Service.

Article 22 (Protection of Personal Information, etc.)

1. We 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 set out in the "Privacy Policy" on our website.
3. To the extent necessary for the purposes of use described in the preceding paragraph, we may entrust a User's personal information to a subcontractor.
4. Notwithstanding the preceding paragraphs, we will not provide a User's personal information to any third party other than the User, except in the following cases. Information falling under the secrecy of communications is handled in accordance with the preceding article.
   1. Where the User has consented
   2. Where necessary to disclose information to a financial institution to identify, pay, or collect a claim or obligation related to the User's use of the Service
   3. Where a compulsory disposition such as an investigation or seizure is carried out under a warrant issued by a judge
   4. Where an inquiry is made by a public institution with statutory authority to make such an inquiry, or where otherwise provided by law
   5. Where we determine that 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 circumstances exists.
   • Where necessary for maintenance, construction, relocation, or similar work on Server Equipment or Telecommunications Facilities
   • Where, under Article 8 of the Telecommunications Business Act, a natural disaster or other emergency has occurred or is likely to occur, and it is necessary to prioritize communications urgently required in the public interest
   • Where a telecommunications carrier or similar entity has suspended provision of a telecommunications service
2. Where we suspend the Service under the preceding paragraph, we will notify each User in advance of that fact, the reason, and the period, except where urgency requires otherwise.
3. Where we suspend provision of the Service under Paragraph 1, we may relocate or otherwise modify the Server Equipment or Telecommunications Facilities to the extent necessary to achieve the purpose of that suspension.
4. We bear no responsibility to compensate for any damage suffered by a User due to a suspension under Paragraph 1 or a relocation or similar under the preceding paragraph.
5. Where 2 years have passed since the last login, we will delete the account for security reasons.

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 circumstances applies. We bear no responsibility whatsoever toward the User in connection with such a temporary suspension or restriction on use.
   • Where the User has delayed payment of a fee
   • Where we determine that an act (including an omission) by the User has caused, or risks causing, a problem with our Server Equipment or Telecommunications Facilities, thereby causing a problem with the conduct of our business
   • Where it is found that the User made a false statement in the application
   • Where a User who has received a request under Article 25, Paragraph 1, Item 1, 2, or 3 does not comply with that request within the period we specify
   • Where we otherwise determine that the User has violated these General Terms or the Service-Specific Terms
2. Where we suspend the Service, or restrict a User's use of the Service, we will notify the User in advance of that fact, the reason, and the period, except where urgency requires otherwise.

Article 25 (Deletion of Information, etc.)

1. Where we determine that a User has engaged in a prohibited act under Article 16, where a complaint or claim has been made to us by another person in connection with a 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.
   • Requiring the User to stop the act falling under a prohibited act under Article 16
   • Requiring the User to hold discussions with another person to resolve a complaint or similar
   • Requiring the User to delete information posted on the internet using the Service
   • Deleting from the Equipment, or making inaccessible to other people, without prior notice, all or part of the information the User or a related party of the User has posted on the internet through the Service
   • Restricting use of part of the functions of the Service
   • Temporarily suspending provision of the Service under the preceding article
   • Terminating the Usage Agreement under Article 28, Paragraph 1
2. Where we take a measure under any item of the preceding paragraph, we will notify the User in advance of that fact, the reason, and the period, except where urgency requires otherwise.

Article 26 (Change of Service Type or Content)

1. Depending on a User's usage of the Service, we may request that the User change the type or content of the Service they use. The User may not refuse our request without good reason.

Article 27 (Discontinuation of Provision)

1. For operational reasons, we may unavoidably discontinue a particular type or content of the Service. In that case, we will notify Users no later than 1 month before the discontinuation, except where urgency requires otherwise.

Chapter 6 — Termination of the Usage Agreement

Article 28 (Termination of the Usage Agreement, etc.)

1. We may immediately terminate the Usage Agreement, without any notice or demand to the User, where the User falls under any of the following circumstances.
   1. Where any item of Article 6, Paragraph 1 or Article 24, Paragraph 1 applies
   2. Where an attachment, provisional attachment, provisional disposition, disposition for failure to pay taxes, or petition for auction has been made against the User, where a petition has been filed to commence bankruptcy, civil rehabilitation, special liquidation, corporate reorganization, or other insolvency proceedings, or where the User has entered liquidation
   3. Where the User's promissory note or check has been dishonored, or the User has otherwise suspended payments, or there is a material reason to believe the User's creditworthiness has deteriorated
2. We bear no responsibility to compensate for any damage suffered by a User due to termination of the Usage Agreement for the Service under Paragraph 1.
   1. The contract term for the Service runs from the start date we notify to the User, through the end of the month following the fee-payment period the User selected at the time of contracting.
   2. 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 term ends, the contract term is automatically renewed for the same fee-payment period as in the preceding paragraph, and the same applies thereafter.

Article 29 (Contract Term)

1. The contract term for each service runs from the start date we notify to the User, through the payment due date the User selected at the time of contracting. The payment due date is stated on each Service Page. 2. A renewal of the contract may not be processed normally once fewer than 30 days remain before the contract expiration date.

Chapter 7 — Damages, etc.

Article 30 (Damages)

1. Where the User, or the User's agent, employee, or other related party, causes us damage through an act that violates these General Terms or the Service-Specific Terms, the User shall compensate us for that damage.

Article 31 (Limitation of Damages)

1. In principle, we bear no liability whatsoever, and no obligation to compensate, for any damage arising from a User's use of the Service. However, this does not apply where a User who is an individual (excluding one who becomes a party to the contract for the purposes of, or in the course of, their 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 or similar entity, the total amount of damages payable to all Users placed in that situation is capped at the amount of damages we receive from that telecommunications carrier or similar entity in connection with that telecommunications service, and we will respond to Users' claims for damages in accordance with the preceding paragraph, applied by analogy.

Article 32 (Warranty and Disclaimer)

1. Except where specifically provided otherwise in these General Terms or the Service-Specific Terms, we make no warranty of any kind, whether express or implied, in connection with our provision of the Service to the User (including, without limitation, as to fitness for a particular purpose, the effectiveness of any function or effect, the quality of the Service, security against threats, merchantability, completeness, accuracy, the identity or integrity (in whole or in part) of copied or relocated data, non-infringement of third-party rights, the normal operation of equipment and facilities provided to the User under the Service, or the uninterrupted provision of the Service).
2. Except where specifically provided otherwise in these General Terms or the Service-Specific Terms, we bear no liability, whether in contract, tort, or otherwise, to compensate for damage suffered by a User in connection with use of the Service (including, without limitation, damage arising from an inability to use the Service, a defect or failure in equipment, facilities, or software provided through the Service, delay in providing the Service, destruction or loss of data placed by the User, theft or leakage by a third party, infection by a virus or malware, or unauthorized access, cracking, or exploitation of a security hole by a third party; the same applies below). However, this does not apply where a User who is an individual (excluding one who becomes a party to the contract for the purposes of, or in the course of, their business) suffers damage due to our willful misconduct or gross negligence.
3. Notwithstanding the preceding paragraph, we bear no responsibility toward the User for a delay or failure in performance of all or part of the Service arising from a natural disaster, war, riot, civil unrest, other force majeure, the enactment, amendment, or repeal of any law or regulation, an order or disposition by a public authority, a labor dispute, or any other cause not attributable to us, including with respect to transportation providers or communication lines.
4. Any dispute arising between a third party (whether in Japan or elsewhere) and us or the User, in connection with the User's use of the Service, shall be resolved by the User at their own responsibility and expense, and we bear no responsibility whatsoever in that regard.

Chapter 8 (Exclusion of Antisocial Forces)

Article 33 (Exclusion of Antisocial Forces)

1. The User represents, and warrants that it will continue to be the case in the future, that neither the User nor its agents, intermediaries, or persons it uses to perform its obligations (meaning persons used by the User to conduct its business, whether an individual or a corporation, including a subcontractor used through a third party such as a business partner further down the chain; the same applies below) fall under any of the following items as of the start date of use.
   1. Being a member of an organized crime group, a member of an organized crime group who ceased to be a member less than 5 years ago, a quasi-member of an organized crime group, a person related to an organized crime group, a company related to organized crime groups, a corporate racketeer, a social movement racketeer, a specialized crime group with intellectual capabilities, or any person equivalent to the foregoing (collectively, "Antisocial Forces")
   2. Having a relationship in which Antisocial Forces are recognized as substantially controlling or being involved in the management of the party
   3. Having a relationship recognized as unjustly using Antisocial Forces, such as for the purpose of securing unlawful profit for oneself or a third party, or of causing harm to a third party
   4. Having a relationship recognized as involvement, such as providing funds or convenience, to Antisocial Forces
   5. Having a relationship with Antisocial Forces that is socially condemnable
2. The User warrants that neither it, its agents, intermediaries, nor persons it uses to perform its obligations will, by themselves or by using a third party, engage in fraudulent means, violent conduct, or threatening language against us or those related to us, make unreasonable demands exceeding legal liability, damage our credibility or interfere with our business, or engage in any conduct analogous to the foregoing.
3. Where we determine that the User has violated either of the preceding two paragraphs, we may immediately terminate all or part of the Usage Agreement without any notice or demand to the User.
4. Where we determine that a User falls under Antisocial Forces, we may request that User to provide an explanation or materials as necessary, and that User shall promptly comply. Where we determine that the User has not promptly complied, or has not responded in good faith, such as by giving a false explanation or submitting false materials, we may immediately terminate all or part of the Usage Agreement without any notice or demand to the User.

Chapter 9 — Miscellaneous

Article 34 (Governing Law)

1. These General Terms, the Service-Specific Terms, and Usage Agreements are made or entered into in accordance with the laws of Japan, and are to be interpreted in accordance with the laws of Japan.

Article 35 (Resolution of Disputes)

1. Where a dispute, question, or unresolved matter arises in connection with a Usage Agreement, we and the User shall resolve it in good faith through discussion.
2. The Tokyo District Court or the Tokyo Summary Court has exclusive agreed jurisdiction as the court of first instance over disputes arising in connection with a Usage Agreement.

Supplementary Provisions

Article 1 (Commencement of Application)

These Terms will continue to be updated and applied in accordance with Article 4 of the General Terms.

Operator: Skyclear Co., Ltd.