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Inter.net Japan Ltd.
This agreement (this "Agreement") represents
the complete agreement and understanding between Inter.net Japan Ltd.,
("Inter.net") and you, the Inter.net account holder ("you") and
supersedes any other written or oral agreement. By establishing an
Inter.net account or using the Services (defined below), you agree to
be bound by this Agreement and to use the Services in compliance with
this Agreement, the Inter.net Acceptable Use Policy and Inter.net's
other policies (collectively, the "Online Policies")
1.0 Basic Terms
1.1 Inter.net provides
Internet access, email, web hosting, and domain hosting as may exist
from time to time (the "Services"), to individual account holders
("Members") who pay monthly and who comply with the terms and
conditions of this Agreement and the Online Policies. You agree to
abide by the terms and conditions of this Agreement and the Online
Policies and agree that such Online Policies are incorporated into this
Agreement by reference.
1.2 This Agreement is
effective from your acceptance of these terms and conditions, which is
indicated by your clicking the "Accept" button at the end of this
Agreement or upon the first use of the Service through your account,
whichever is first. Current Account Charges, including billing methods,
rates, and surcharges for using the Service, may be found in
Inter.net's Rate Sheet
at http://www.everywhere.jp/price.php
1.3 You agree that
Inter.net may: (1) revise the terms and conditions of this Agreement;
(2) revise its billing rates and account surcharges, and; (3) alter the
Services at any time. Any such revisions will be binding and effective
immediately on the earlier of posting the revised Agreement on
Inter.net's home page, or on notification to you by email. You agree to
review the Agreement periodically to be aware of any such revisions.
You agree that, by continuing to use the Service following any revision
to the Agreement, you accept any such revisions and agree to abide by
any such revisions. If any revision to this Agreement is unacceptable
to you, you may terminate this Agreement at any time by the methods
described in Section 9 hereof.
1.4 LOCAL ACCESS DIALUP
NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS SERVED BY INTER.NET. IT IS
YOUR RESPONSIBILITY TO CONTACT YOUR LOCAL TELEPHONE COMPANY TO
DETERMINE IF USE OF A PARTICULAR INTER.NET DIALUP NUMBER WILL CAUSE YOU
TO INCUR TOLL CHARGES. INTER.NET IS NOT RESPONSIBLE FOR PAYING ANY LONG
DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE
SERVICES.
1.5 If you are a current
Member when this Agreement becomes effective, your continued use of the
Service signals your acceptance of the terms of this Agreement.
2.0 Use of Services
2.1 Inter.net user
accounts are for individual users and you therefore agree not to share
the password of the account. Members must be at least 18 years of age.
Inter.net dial accounts are not intended as excessive usage accounts.
They are for periodic, active use of email, newsgroups, file transfers,
Internet chat, games, and browsing the World Wide Web. Members may stay
connected so long as they are actively using that connection for these
purposes. Members may not use the Services on a standby or inactive
basis in order to maintain a connection. Pinging is expressly
prohibited. Accordingly, Inter.net maintains the right to terminate any
member's connection following any extended period of inactivity as
determined by Inter.net. You agree that Inter.net may establish limits
concerning the maximum duration you may use Inter.net service in a
given period of time.
2.2 You agree to maintain
a secure password to the account. Secure passwords are those that are
between 6 and 8 characters long, contain upper and lower case letters,
and numbers or other characters.
2.3 Any means of
identification assigned to you by Inter.net in order for you to use the
Service is and will remain the property of Inter.net. This
identification may be altered or replaced at any time by Inter.net.
These means of identification include but are not limited to account
usernames and email addresses.
2.4 You agree to use the
Services only as permitted by applicable local, state, provincial and
federal laws ("Law"). Any use of the Service not in compliance with
Law, this Agreement or the Online Policies may result in the immediate
termination of your account.
2.5 Except for software
provided by Inter.net, you are responsible for providing all computer
equipment and software necessary to access the Service. You will be
responsible for the maintenance of any equipment or software not
provided by Inter.net. You agree to be bound by the terms and
conditions of the End User License Agreement for any software provided
to you by Inter.net.
3.0 Payment of fees
3.1 You are responsible
for all activities and charges assessed as a result of use of your
passwords and account in connection with the Service. Current Account
Charges, including billing methods, rates, and surcharges for using the
Service, and fees associated with late payment, returned checks etc.,
may be found in Inter.net's Rate Sheet at
http://www.everywhere.jp/products/price/index.php. Inter.net reserves
the right to change prices, service bundles, or product offerings.
Inter.net reserves the right to collect applicable taxes, and impose
premium surcharges for users with excess usage.
3.2 All Members pay by
credit card , bank transfer and Postal transfer payment method and are
billed monthly in advance, with a calendar month billing period. New
accounts paying by credit card are activated immediately upon receipt
and validation of credit card information. All funds paid to Inter.net
are non-refundable in the event of account cancellation.
3.3 Accounts that are
delinquent are put on "accounting lock" and may not be used. Inter.net
accounts continue to accrue charges while they are locked. Accounts
that are on accounting lock will only be "unlocked" after the Inter.net
Accounting department has cleared the account and the account is paid
in full. Inter.net may, at its sole discretion, charge a fee of 1,500
yen to reinstate a suspended account. You acknowledge full
responsibility for the account until payment in full is made.
3.4 You agree to pay all
Sales and Use Taxes, Duties, or Levies which are required by Law. You
agree to pay all attorney and collection fees arising from efforts to
collect any unpaid balance on your account.
3.5 If you believe that
Inter.net has charged you in error, you must contact our customer
service department within 60 days after such charge. Refunds or
adjustments will not be given for any charges which are more than 60
days old.
4.0 Availability of Services
4.1 Inter.net makes no
guarantees as to the continuous availability of the Service or any
specific feature of the Service. Inter.net reserves the right to change
the Service at any time with or without notice. Features of the Service
that are subject to change include, but are not limited to: access
procedures, commands, documentation, hours of operation, menu
structures, and vendors. Inter.net cannot and will not guarantee that
the Service will provide Internet access that is sufficient to meet
your needs.
4.2 THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER INTER.NET NOR
ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL
ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, OR OTHER HARMFUL
COMPONENTS.
5.0 Content of Communications
5.1 The Service provides
you access to information, communications, software, photos, video,
graphics, music, sounds and other material and services located both on
Inter.net's or its partners computer servers and on the Internet
generally ("Content"). Inter.net does not have the practical ability to
monitor, review, or restrict, prior to its transmission, Content on
Inter.net's or its partners servers or on the Internet generally which
may violate this Agreement or the Online Policies. Accordingly,
Inter.net can make no warranty of any kind, either expressed or
implied, regarding the quality, accuracy, or validity of the data
and/or information residing on or passing through Inter.net's servers
or the Internet generally. YOU AGREE THAT YOU MUST EVALUATE AND BEAR
THE RISKS ASSOCIATED WITH THE SUBJECT MATTER, ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY CONTENT AVAILABLE TO YOU ON OR THROUGH THE SERVICE.
5.2 You agree that
Inter.net has the right, but not the obligation, to remove Content from
Inter.net's computer servers which Inter.net, in its sole discretion,
determines to be in violation of this Agreement or Inter.net's Online
Policies.
5.3 Inter.net reserves
the right to distribute specific service-related or informative emails
to our subscribers on an ad hoc basis that it feels is pertinent to the
quality of our service.
6.0 Copyright and Other Rights
6.1 The Service provides
access to Content that is protected by copyrights, trademarks, trade
secrets, patents, intellectual property rights, and other proprietary
rights ("Rights") of independent third parties. You agree to use such
Content only in accordance with applicable Law and the specific
restrictions placed on such Content by the owners or licensors of the
Rights in such Content. Except as expressly permitted by the owner of
such proprietary rights, you may not reproduce, upload, post,
redistribute, retransmit, publish or otherwise transfer, or
commercially exploit, any such material.
6.2 You agree that by
posting or transmitting Content to any public area (e.g. public chat
rooms, message boards, software libraries) you automatically grant --
or warrant that the owner of such Content has expressly granted -
Inter.net the royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such
Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed
for the full term of any Rights that may exist in such Content.
7.0 Disclosure of Subscriber
Information
7.1 Inter.net has no
obligation to monitor the Service. However, Inter.net may monitor the
Service electronically and may disclose information regarding your use
of the Service as may be necessary or advisable to satisfy applicable
Law or governmental requests; to operate the Service properly; or to
protect itself or its members.
7.2 You agree and consent
that information regarding your account may be processed by: (i)
Inter.net, Inter.net service-related partners, Inter.net third party
network carriers, Inter.net third party network carriers Provisioning
Entities, and Inter.net third party carriers agents both within and
outside the United States and outside the country where Data is
obtained in connection with processing Customer's Order, and the
delivery, installation, support, and maintenance of the Services; (ii)
Inter.net, Inter.net third party Carriers, and their Affiliates to
incorporate Data into global databases of all Inter.net third party
carriers and their affiliate customer information, accessible from any
part of the world via web technology (or such other appropriate
technology) to assist Inter.net third party carriers and their
affiliates in providing better or complementary or ancillary products
and services to you.; and (iii) Inter.net, and their Affiliates (both
within and outside the United States, and outside the countries where
data is obtained by Inter.net) in order that Inter.net may use Data to
more effectively market Inter.net products and services to you in the
future.
8.0 Disclaimer of Warranties;
Limitation of Liabilities
8.1 You agree that
Inter.net may establish limits concerning use of any Inter.net Services
offered, including without limitation the maximum number of days that
email messages will be retained by any inter.net Services, the maximum
number of email messages that may be sent from or received by an
account on any Inter.net Services, the maximum size of an email message
that may be sent from or received by an account on any Inter.net
Services, the maximum disk space that will be allotted on Inter.net
servers on your behalf, and the maximum number of times and duration
you may access any Inter.net Services in a given period of time.
8.2 You agree that
Inter.net has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained
or transmitted by any Inter.net Services. You acknowledge that
Inter.net reserves the right to log off accounts that are inactive for
an extended period of time as determined by Inter.net.
8.3 INTER.NET MAKES NO
WARRANTY THAT ANY INTER.NET SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. INTER.NET DOES NOT MAKE ANY EXPRESS WARRANTY AND
EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH ANY
INTER.NET SERVICE OR ON THE INTERNET GENERALLY. Without limiting the
generality of the foregoing, Inter.net expressly disclaims any and all
loss or liability resulting from: (1) loss of data; (2) loss of
software or hardware; (3) loss or liability resulting from access
delays or access interruptions; (4) loss or liability resulting from
computer viruses; (5) loss or liability resulting from data
non-delivery or data mis-delivery; (6) any other loss or liability
resulting from the negligent acts and/or omissions of Inter.net or
Inter.net subscribers; (7) loss and liability resulting from any
errors, omissions, or misstatements in any and all information, goods,
or services obtained on or through the Service, and; (8) loss or
liability resulting from acts of God.
8.4 UNDER NO
CIRCUMSTANCES SHALL INTER.NET, ITS AFFILIATES, OR ITS CONTRACTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF (OR THE
USE OF OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT) THE SERVICES
OR THE INTERNET GENERALLY OR YOUR INABILITY TO USE THE SERVICE; ACCESS
THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF
INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE.
9.0 Termination; Cancellation
9.1 Inter.net shall have
the right to terminate, or restrict, your Service at any time, if
Inter.net, in its sole discretion, determines that you are in violation
of this Agreement or the Online Policies. You agree that, if Inter.net
determines that you are in violation of this Agreement, any restriction
or termination of your Service will be effective immediately, without
prior notice. You agree that Inter.net will have no liability to you
for any restriction or termination of your Service pursuant to such
violation.
9.2 IF YOU ARE
DISSATISFIED WITH THE SERVICE OR ANY OF ITS TERMS, CONDITIONS, RULES,
POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SERVICE BY
CANCELING YOUR INTER.NET ACCOUNT.
9.3 To cancel your
account, you must contact Customer Service. Cancellations must be made
30 days in advance. There are no refunds for any prepaid service plans
,or partial month credits.
9.4 All Inter.net
accounts must be paid in full before cancellation will be considered
complete.
10.0 Miscellaneous
10.1 This Agreement shall
be governed by and construed in accordance with the laws of Japan,
without regard to its conflicts of law provisions. Additionally, Tokyo
District Courts will have exclusive jurisdiction over any issue arising
as a result of this Agreement.
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