"Smart Web Creator" User Policy
Article 1. Purpose
- This policy shall specify contents, etc. of the contract (hereinafter “User Contract”) for the purpose of using homepage creation application called “Smart Web Creator” (hereinafter “Service”) provided by JAPAN COMPUTER ASSOCIATES INC. (hereinafter “Company”)
- User may use the Service by agreeing to this policy.
Article 2. Definition
The term definition of this policy shall be as follows:
- “User” shall mean a person who has approved the policy and has registered to the Service through the Company specified procedure and is approved by the Company for his/her subscription.
- “Object Facility” shall mean a general term for the Company’s network and server.
- “Personal Information” shall mean information pertaining to specific person such as name, address, phone number, email address, etc. including information that can identify such person. Furthermore, although such information that can identify specific person may not be able to identify specific person by its single source, such information shall include information that can identify specific person by combining information gathered in the future or already gathered information. However, whether such information is confidential is irrelevant.
- “Free Trial Period” shall mean a period where the Service may be used for free-of-charge starting from the point the ID has been issued by the Company. The length of such period shall be set forth by the Company.
- “Official Contract” shall mean the User Contract of the Service that starts from the date Company has confirmed user’s official application procedure during free-trial-period.
- “Registration Information” shall mean information that user will provide to the Company upon user’s application to the Service, and such information shall include user’s registered personal information.
- “Stored Information” shall mean all information stored by the user in this space.
- “Confidential Information” shall mean information that became known through performance of this policy such as Company’s sale, technical and other business information.
- “Fee” shall mean user fee posted on the website, etc. and applicable consumption tax that are specified by the Company as consideration of the Service.
- “Employees, Etc.” shall mean executives and employees of the Company (full-time workers, contract workers, temporary workers).
- “Related Business Operators” shall mean the Service related telecommunication operators and other business operators.
- “Anti-Social Forces” shall mean crime organization, crime organization member, associate member of crime organization, crime organization affiliated corporation, corporate racketeer, political activity, crime group posing as political group, organized crime syndicate or person co-existing with anti-social forces, etc., or person/organization in compliance with such forces.
- “Heavy Load” shall mean heavy load determined by the Company as causing trouble to the Service operation due to excessive access/use by the user or third party and other reasons.
Article 3 Service Use
- The Service content shall be one or more of the following items.
- Fee-based version of “Smart Web Creator”
- Company specified additional function and other services, etc. pursuant to above item (hereinafter “Option”)
- Person requesting to become user shall apply for the Service use in accordance with the Company specified procedure.
- Free-trial-period shall start from the point the Company has issued the account through Company specified procedure after completing the above paragraph application.
- User requesting for the execution of official contract with respect to the Service use shall apply for the official contract in accordance with the Company specified procedure during free-trial-period. In such case, Company specified user fee shall be paid through the Company specified payment method by the Company specified due date. Official contract application shall be deemed invalid if Company cannot confirm the payment made through the Company specified method by the Company specified due date.
- Company may not approve the official contract application if applicants fall under any of the following paragraphs.
- If user applicant is under the age of 20.
- If user applicant is priory identified to be of anti-social forces.
- If user applicant has violated Article 5 stipulated user restriction in the past, or anticipated to be in violation of such restriction
- If Company determines malfunction is caused to the Service providing or potential for such malfunction.
- In the case there is no official application or application becomes invalid and official contract did not start, Company may delete user data and registration information, and if as a result of such deletion damage is caused to the user, Company shall not assume any responsibility pertaining to such damage.
- If Company is able to confirm the payment for the Service use fee, official contract shall start from the following day of such confirmation.
- User may not transfer any rights/legal status pursuant to this policy.
- User must appropriately manage Company issued passcode, etc. with due care of a good manager. In the case such ID and passcode has been entered by a person other than the user, such person shall be regarded as user, and user shall assume all result/liability caused by such use of ID and passcode.
Article 4 Valid Period
- Unless stipulated otherwise, the validity period of the User Contract shall be for 1 year. With exception of Service being temporarily suspended pursuant to provisions of this policy, or termination has been established, User Contract shall automatically renew on the expiry date of the validity period with former content, and same shall apply for subsequent renewals.
Article 5 Restriction on the Service Use
- User shall not perform any of the following acts when using the Service. In addition, Company shall have the right to investigate such acts but is not obligated to do so.
- Prohibited Matters Pertaining to Infringement of Rights
- Act or potential act of infringement on Company or third party’s copy right, trademark right, other intellectual property rights and property benefits.
- Act or potential act of infringement on privacy right, publicity right and moral right.
- Unjustly discriminating or defaming others, or promoting unjust discrimination of others, or damaging honor and trust of others.
- Use Service by pretending to be another person.
- Other matters similar to aforesaid acts and any act of rights infringement.
- Prohibited Matters Pertaining to Display Content
- Act of displaying image, video, sound, writing, etc. considered obscenity, child pornography, child abuse, or selling medium containing such contents, or display of such contents, or display of advertisement recalling such contents.
- Display of contents that are linked or potentially linked to crimes such as fraud, abuse of controlled drugs, child prostitution, illegal buying/selling of cell phones and saving account.
- Display of violent information and other types of cruel information
- Promotion or solicitation of acts that will inflict injury on self or others
- Any other matters similar to aforesaid acts and any act of rights infringement.
- Prohibited Matters Pertaining to Illegal Acts, Etc.
- Act of setting up pyramid scheme, or soliciting such scheme
- Undertake, mediate or induce illegal acts (transfer of guns, etc., illegal production of explosives, providing of child pornography, counterfeiting official documents, murder, threat, etc.)
- Act of having people engage in illegal gamble or gamble in general, or solicit participation for such gamble
- Acts contrary to other laws, regulations, other ordinance, rules, or public order and morality stated in above 1 through 3.
- Any other matters similar to aforesaid acts and any act of rights infringement.
- Prohibited Matters based on Technical Reasons
- Use of any type of program that will adversely affect Object Facility and third party network/server, etc.
- Illegal access to Object Facility, or illegal rewrite/deletion of stored information
- Sending/displaying of toxic programs, etc. such as virus, etc.
- Imposing load on Object Facility that can interfere with operation.
- Any other matters similar to aforesaid acts and any act of rights infringement.
- Other Prohibited Matters
- Without appropriately managing Company issued ID or passcode, engage in acts such as exposing recklessly and allowing use to third party, or set it up in a state that can be used by third party.
- Through Service usage, engage in acts such as prank, spam, etc. determined by the Company to be causing or potentially causing burden to third party.
- Creating direct link from other website for the purpose of download.
- Use it by storing/transferring created homepage in external server
- Redirect to homepage that created externally hosted domain, or display created homepage on external website.
- Not complying with the Company instruction determined necessary for the smooth providing of the Service.
- Any other matters similar to aforesaid acts and any act of rights infringement.
- In the case complaint, claim, protest, etc. (hereinafter “Claim, Etc.”) is made to the Company from third party caused by user’s breach of above prohibited matters and other breach of this policy, user shall resolute such Claim, Etc. with user’s sole responsibility, and in a rare case Company is stricken with damage, attorney fee or other expenditures, etc. arising out of such Claim, Etc., user must assume compensation for all damage/expenditure, etc. caused to the Company from such crisis.
Article 6 Fee Payment
- In the case user applies for the Service use, payment must be made by the specified due date through Company specified method.
- In the case user is renewing the User Contract for the Service, fee amount equal to the Company specified renewal period must be paid by the Company specified due date.
- If user request to restart the Service after such Service has been temporarily suspended due to above paragraph, user must make payment for the above paragraph renewal cost.
- Costs associated with fee payment shall be borne by the user.
Article 7 Fee Revision
- As a general rule, in the case Company makes a fee revision after the Service providing, such fee revision shall not apply to users during the valid period of User Contract, and such fee revision shall only apply in the case revision has been approved. However, such case shall not apply if Company performs fee revision during the valid period of User Contract and Company deems such application to be necessary. To find out about the post-revision fee and revision date, user must check the Company website on permanent basis.
Article 8 Fee Refund
- No refund is available for the payment made to the Company pertaining to the Service fee, etc., irrelevant of whether refund request was made during the official period or free-trial period.
Article 9 Temporary Service Suspension
- In the case of the following, Company may temporary suspend the Service without notice.
- In the case malfunction, etc. is caused to the Service due to force majeure, power failure or other reasons not caused by fault of Company.
- In the case network operation related to the Service has been affected due to the malfunction/suspension of telecommunication facility, etc. owned by the related business operators and other reasons.
- In the case malfunction, etc. is caused to the telecommunication facility set-up by the Company.
- In the case of arising of similar matters to the above paragraphs
- Company may temporarily suspend the Service without notice in the case of maintenance or construction of telecommunication equipment of the facility that will affect Company’s network operation.
- Company may temporarily suspend Service without notice for the improvement of security/performance, or maintenance work for monitoring.
- In the case conduct of user or conduct of third party pretending to be user through illegal access fall under Article 5 (1), Company may temporarily suspend Service without any prior notice. In such case, user still must pay for the fee during suspended period.
Article 10 Contract Cancellation by User
- User may terminate User Contract at any given time through Company specified method.
- In the case Service user decides to cancel all or part of the User Contract prior to the expiry of valid period, Company will not refund already received payment.
Article 11 Cancellation Made by Company
- Company may terminate all or part (option, etc.) of the User Contract at any given time through Company specified notification method. In such case, Company will not refund already received payment.
Article 12 Handling of Stored Information
- As a general rule, Company will not engage in browsing of stored information, change, deletion, etc. However, Company may correspond to disclosure of stored information in the case demand/request for disclosure is made pursuant to laws, regulations, rules, etc. applicable to the Company.
- Notwithstanding the above paragraph, in the case Company deems it necessary to eliminate malfunction or secure security, etc. for the sake of Service operation, Company may browse, alter, delete, etc. stored information and user shall agree to such conduct in advance. Company shall not be liable for any damage caused to the user through such conduct, and user shall not make any type of claim to the Company.
- In the case of arising of loss, destruction, falsification, leak, etc., of stored information, irrelevant to the reason, Company shall not be obligated to restore such crisis and shall not be liable for damage caused to user or third party through loss, destruction, falsification, leak, etc., and user shall not object to Company’s handling of such crisis.
- In preparation to the arising of loss, destruction, falsification or leakage of stored information, user shall perform backup procedure with one’s own responsibility.
- Company may delete all of stored information upon expiry of the User Contract.
- Company will not disclose any of the stored information to third parties and will not use it other than for the purpose of the Service performance with exception of what is separately set forth in this policy.
Article 13 Handling of Registration Information
- As a part of support system, Company may send email, etc. stating introduction of new service, change of procedure method and other information the Company deems it beneficial to users. However, user may stop the receiving of electronic mail, etc. by submitting request through the Company specified procedure.
- In the case change is made to the electronic mail address or other registration information, user must send notification of such change to the Company without delay through Company specified method. During the period between arrival of such notification to actually completing the confirmation of facts concerning such change, Company shall provide the Service as if no change has been made.
- With respect to the arising of damage caused by not being able to contact the contact address registered upon application without the above notification, Company shall not assume any liability.
- Company will not disclose registration information other than to need-to-know employees for the sake of Service performance. However, Company may correspond in disclosing the stored information in the case demand/request is made for the disclosure of registration information pursuant to laws, regulations, rules, etc. applicable to the Company.
- Without the prior approval from the user, Company will not collect, copy, reproduce, use or process personal information outside the necessary scope to perform the Service. With respect to items collected, copied, reproduced, used or processed with the approval of user, Company shall treat them as personal information in the policy.
Article 14 Heavy Load
- If Company determines Object Facility will be significantly affected by the heavy load, Company may temporarily suspend all or part of the Service without sending the prior notice.
- In the event the Service is temporality suspended as stated in the above paragraph due to the heavy load occurrence through the cause traced back to user, such user must take the following countermeasure without delay.
- Heavy load must be eliminated in order to continue the Service use. In such case, if Company is burdened with operation, costs pertaining to such operation shall be borne by the user.
- Cancelling the User Contract. In such case, it shall correspond to Article 10(2).
- In the case Company determines user is imposing continual heavy load to the Object Facility (for example, if load is significantly heavy when compared to other users using the Service) and user receiving notification through email on such crisis, user must follow Company’s instruction and correspond in a way equal to the above paragraph.
Article 15 Domain
- As an option, Company will provide more than 1 domain to user. In such case, Company will acquire/manage such domain on behalf of user.
- User is required to provide accurate and valid information such as name, address (post office box, anonymous address invalid）, email address, telephone number, etc. to the Company with respect to the registered person and destination of management upon user’s domain registration. In the case there is change to such information, user must immediately notify the Company of such change through email.
- After user has completed the registration of the option, Company will perform registration renal procedure for the user requested domain. However, Company may place a hold on the domain activation until the payment has been made for the option fee. It shall be noted that Company is in no place to provide influence on the allotment of the domain. Company will not warrant user requested domain to be allotted to such user, will not warrant such domain to not infringe upon third party rights, and even if allotted domain did not infringe rights, Company will not warrant future avoidance of infringement. All information provided pertaining to domain availability shall be based on third party information and shall only be valid at the point information is being requested.
- Prior to applying for domain, user must confirm such domain to not be infringing upon any type of third party rights, in violation of laws, etc. User must ensure in fulfilling such responsibility, and ensure acts of third party right infringement or law violation were not performed during the confirmation process.
- After domain has been registered to the domain registry, Company will not accept any type of request pertaining to such domain change. However, user may choose another domain if within a period necessary to request domain to the domain registry with exception of such domain already being allotted.
- Under the precondition of being pursuant to this User Contract, if user so requests, Company may support the change to another provider and make transfer to another provider through Company pertaining to all of already registered domains. Registration of the Service shall not be affected by such change. However, user has an obligation to send notice of cancellation to the Company. All requests pertaining to domain (for example, transfer, discontinuance, etc.) shall be through designated procedure.
- In the event user or transfer destination provider did not perform cancelation procedure within appropriate period, or if Company cannot approve user’s transfer destination provider’s domain transfer request due to the mismatch of the transfer condition, Company may request to domain registry to delete the cancelled domain after the cancellation date. Company will approve domain transfer request only in the case all of undisputable unsettled matters between user and such provider have been settled.
- In the case user loses the right to the already registered domain as a result of ruling, user must immediately notify such loss to the Company through Company specified procedure.
- User shall approve the deletion request immediately made after the Service termination by the Company to the domain registry, with respect to the user domain not transferred to a third party.
Article 16 Disclaimer
- With respect to the Service, regardless of the existence of negligence, Company shall not be liable to the user listed in the following items.
- Any dispute between user and third party such as monetary dispute, etc.
- Arising of loss/destruction/falsification of stored information, or loss/damage caused by leakage, etc. during the Service providing and after the end of the Service.
- Arising of loss/damage from Article 9 stated Service suspension.
- Arising of loss/damage from Article 10 and Article 11 stated Cancellation.
- Arising of loss/damage as a result of rejecting the receiving/reception of email, etc. due to the user requesting Company to stop sending email, etc.
pursuant to Article 13 (2).
- Arising of loss/damage caused by occurrence of Article 14 situation.
- Arising of loss/damage as a result of user’s behavior based on the information provided by the Company.
- Loss/damage caused by suspension, maintenance, security check operation, etc. of the Object Facility etc. due to wear or malfunction of the Object Facility parts.
- Loss/damage caused by acts of other users.
- Loss/damage caused by illegal acts of third party other than the Company.
- Loss/damage caused to the user by change or discontinuance of all or part of the Service content due to the Company circumstance.
- Other than above items, arising of loss/damage regardless of whether during the use of Service or after its termination.
- Company will not provide warrant of any kind to the user such as completeness, accuracy, reliability, usability, etc. of the Service. User shall understand such stand and shall be deemed to have agreed to the Service use with one’s own responsibility.
- User shall be deemed to have approved cases where the Service may not be used for significant amount of period due to computer virus, security defect and other various reasons.
- In the event user is not able to appropriately use the Service due to facility malfunction, etc. of the facility of related business operators used by the Company for the sake of Service providing to user, Company shall not assume any liability for the damage caused to user arising out of such crisis.
- In the event dispute arises between user and third party due to the arising of trademark infringement and other rights infringement pertaining to the domain name used for the Service use, user shall settle such dispute with one’s own burden and responsibility.
Article 17 Company’s Scope of Responsibility
- With respect to the damage caused to the user based on the Service use, after considering the above Article and if Company is still found liable to user, maximum limit of such liability shall be equal to the most recent 1 year portion of user’s fee payment pursuant to the User Contract.
Article 18 Exclusion of Antisocial forces
- On the agreement day of this policy and in the future, Company and user shall warrant and declare to each other that such party and party’s executives and officials shall not be of antisocial forces.
- In the event the Company or user determines the other party to be falling under any of the following items, the non-breaching party of the two may cancel the User Contract without any notification or damage compensation.
- In the case of antisocial forces or was antisocial forces in the past.
- Committing below acts to the other party through one’s own or third party
- Making illegal or unjust demands
- Acts of violence not limited to material acts including threats, etc.
- Forcing tenacious demand of transaction such as buying of information magazine, etc.
- Making demand to the other party through disguising as having attribution with victims organization, etc.
- Other acts prohibited by “ Act on Prevention of Unjust Acts by Organized Crime Group Members”
- Informing other party that oneself is of antisocial forces or associated with such forces.
Article 19 Nondisclosure
- Regardless of during the valid period of the User Contract or after its termination, without the prior consent of the disclosing party, Company and user (hereinafter, receiver of information “Receiving Party”, sender of information “Disclosing Party”) may not disclose confidential information to third parties, or use such information for the purpose outside the performance of the User Contract. However, such case shall not apply in the case of the following items, or other provisions set forth in this policy.
- Information already obtained by the Receiving Party upon disclosure or obtainment, or information that is of public knowledge.
- Information that became public knowledge upon disclosure or acquirement without the fault of Receiving Party.
- Information independently developed by the Receiving Party without any reference to the disclosure or acquirement of information.
- Information legitimately obtain by the Receiving Party without being bound to the nondisclosure obligation after disclosure or acquirement of such information
- Notwithstanding the stipulation of the above paragraph, in the case obligation of disclosure or providing of the confidential information is mandated by the applicable laws, securities exchange rules, ruling/decision/order of the court or decision/order/guidance of the administrative authority, Receiving Party shall send immediate notification to Disclosing party stating necessity for such acts, and disclosure or providing of confidential information may be performed through a method that will protect the secrecy of such information at its maximum level.
- Receiving Party may disclose confidential information to one’s own executives and employees, one’s own attorney/certified public accountant/certified tax accountant, under the condition of imposing same or greater capacity of the policy stipulated obligations to such persons.
Article 20 Company’s Intellectual Property Right
- With respect to all of trade mark, trade name, marks, etc. connected to the Company or Service (hereinafter “Company Trade Mark, Etc.”), user must understand such rights shall exclusively belong to the Company, and user shall not use Company Trade Mark, Etc. without gaining prior consent from the Company.
- With respect to the Company Trade Mark, Etc., user shall not engage in acts subject for loosing Company rights.
- This policy shall not be interpreted as performing any type of approval for the Company Trade Mark, Etc.
- Unless otherwise expressly provided, sentence, image and all other intellectual property rights of copy righted works, etc. associated with the Service shall belong to the Company or third parties, and with exception of personal use, user shall not copy, reproduce, send, alter or engage in other acts, etc. falling under infringement of Company’s copy right, etc. without the prior written consent from the Company.
Article 21 Change and Discontinuation of the Service
- Regardless of the reason, Company may change or discontinue all or part of the Service through notification sent by the Company specified method. Company shall not assume any responsibility for the damage caused to the user through such notification.
- In the case user continues to use the Service after the above paragraph change, it shall be deemed that such user has agreed to the Service use pursuant to the form of content after the change. In order to be informed on the occurrence of changes in the Service and its contents, User must check the Company website, etc. on permanent basis.
Article 22 Change of User Policy
- Company may change the policy content without providing prior notification to user. In such case, by posting changed policy on the Company website, notification of changed policy shall be deemed to have been sent to the user, and user shall be deemed to have agreed to comply with the policy after the change. In order to be informed on the occurrence of changes and its contents, User must check the Company website, etc. on permanent basis.
- In the case above paragraph stated change content and condition is related to the basic matters of the Service, Company will notify to user the changed content, etc. through Company specified method.
- In the case part of the policy is determined invalid due to its illegality, unfairness, and other various reasons, such determination shall not affect the effectiveness of other parts of the policy.
Article 23 Applicable Law
- This policy shall be in accordance with laws of Japan and shall be interpreted by such laws.
- User shall be deemed to have agreed to obeying a law of Japan regardless of the difference in principle of the law about the use of the Service.
Article 24 Jurisdiction
- In the case dispute arises pertaining to this policy, the Fukuoka District Court shall serve as the first hearing of the exclusively agreed upon court of jurisdiction.
Article 25 Complete Agreement
- This policy shall supersede all written/oral notification, contact or agreement, etc. between user and Company existing prior to the execution of the User Contract, or existing at the same time as the User Contract, and shall not be restricted by provisions different from this policy provisions or any other provisions.