Artcle1. GENERAL
Clause 1. Membership Agreement
This membership agreement is applied to the use by members (called Member hereinafter) stated in Article 5 of the provider services ( Services) offered by HeroNet Internet Service Provider Co. (HeroNet)
Clause 2. Scope of Agreement
１．The notification stated in Clause 4, which is made from HeroNet to the Members, is composed of a part of the Agreement. ２．The Agreement comprises, regardless of its titles, the agreements of each service (Agreements for Use of HeroNet) which HeroNet sets separately, the information on each service, the rules for use of each service stipulated in the cautions for use, and notifications about the conditions for use (Agreements for Use of HeroNet). ３．When the rules stated in the Membership Agreement differ from the ones in the agreements for Use of HeroNet, the latter takes preference.
Clause 3. Agreement Change
１.HeroNet may change the Membership Agreement without consent from the members. The conditions for use of the services will abide by the changed Membership Agreement. ２.The changed Membership Agreement takes effect upon the online notification, unless otherwise stated by HeroNet.
Clause 4. Notification from HeroNet
１.HeroNet sends necessary information to the Members any time online or through other appropriate communications. ２.Such notifications take effect when disclosed online.
Article2. MEMBER
Cause 5. Members
１.The Member is; (1) the person who applied for the membership of the HeroNet service and was admitted by HeroNet. (2) the person who was admitted by HeroNet through the ways set separately. ２.The Member is considered to accept the Membership Agreement upon HeroNet’s admission of the membership.
Clause 6. Admission of Membership
１.HeroNet accepts membership applications and admits the membership through necessary examination and procedures. ２.The person who applied for the membership (Applicant) can use, in accordance with the Membership Agreement, a part of the services which HeroNet separately sets until HeroNet completes the necessary examination and procedures for admission. But it does not mean HeroNet already admitted the membership.
Clause 7. Denial of Membership
HeroNet denies the admission to the membership when found out one of the following.
- the Applicant does not exist.
- the Applicant has been suspended from the service in violation of the Membership Agreement or had been dismissed from the membership in the past.
- the Applicant made false, wrong, blank statements in the application form.
- the Applicant is delaying service fee payments or had such a delay in the past.
- the Applicant’s bank account has been denied by the bank or credit card companies or the company which charges clients on behalf of HeroNet refuses the Applicant.
- the Applicant is a minor or an adult who needs a guardian and does not have a guardian or consent from a guardian.
- there is trouble to HeroNet service or its technical support.
Clause 8. Prohibition of Transfer
１.The member is prohibited from transferring or selling the membership rights, changing the name of the membership or giving the membership as security.
Clause 9. Notification of Change in Personal Information
１.The member should immediately notify HeroNet in the stated method of the changes in his/her address, telephone number, bank account, credit card number or its validity. The member’s name shall stay the same in the HeroNet membership list even after marriage unless HeroNet otherwise admits.
２.HeroNet will not take any responsibility when the member gets disadvantages from the result that the member fails to notify such changes.
Clause 10. Cancellation by Member
１.When the member wants to cancel our service, notify HeroNet in a stated way. ２.HeroNet will stop its service upon knowing his/her death. Such a report from his/her family, company or superior is considered as an official notification for cancellation.
３.When the member cancels our service, the member should pay, in accordance with Clause 4, for service use fees and other liabilities that accrue at the time of the cancellation.
Clause 11. Equipment
１.The member is required to prepare communication equipment, software and other auxiliaries necessary to use our service at his/her own cost and responsibility and make them ready for the service. The member also should connect to our service through his/her preferable communication service(s) at his/her own cost and responsibility.
２.However, a telecommunication company may provide communication equipment purchased or rented by the member at his/her own cost.
Article 3. MEMBER’S RESPONSIBILITIES
Clause 12. Responsibility for Maintaining ID and Password
１.The member should not let others use, share or give the right to use his/her ID, password and personal confirmation unless otherwise stated, and should have all responsibilities to use and maintain ID and password.
２.HeroNet will take no responsibility over any damage imposed upon the member by others’ use of the member’s ID and password no matter whether the member’s intentional fault exists. The member should immediately notify HeroNet when lost his/her password and follow HeroNet instructions. The services used with the member’s ID and password are considered the ones used by the member, and the member should pay for use fees or other liabilities.
Clause13. Principle of Personal Responsibility
１.The member should be responsible for all acts and the results made in the service used with his/her ID no matter whether the member did actually.
２.The member should solve, at his/her own responsibility and cost, questions or claims made by others (in or outside Japan) in the service.
３.The member should directly notify the person to whom the member has questions or claims and solve his/her own responsibility and cost.
４.When the member made any damage to HeroNet or others while in use of the services (including the case that the member did in violation of the Membership Agreement, he/she should reimburse at his/her own responsibility and cost.
Clause 14. Procedures
The member is required to follow the procedures stated for each service in advance when the member starts to use the service.
Clause 15. Prohibition Outside Personal Use
１.The member should not, unless HeroNet otherwise permits (including the acquisition through HeroNet of the third-person’s permission if there is a third-person involved), cannot use any data, information, articles, statements, software (called Data hereinafter) obtained through this service for copying, selling, or publishing beyond the scope of personal use admitted by the Copy Rights Act. ２.The member cannot make a third-person conduct against the above.
Clause 16. Other Prohibitions
In addition to the two items in the previous clause, the member is required not to perform the following acts on Heronet service(s)
- Acts to infringe on HeroNet’s or others’ copyrights or trademark rights.
- Acts to infringe on others’ property, privacy or portrait right.
- Acts to discriminate defame or libel others.
- Acts to lead to crimes like fraud.
- Acts to send, disclose, advertise or sell pictures, articles or other media of obscenity, child porn or child abuse.
- Acts to violate the laws concerning stokers.
- Acts to open or induce to fraud business groups.
- Acts to change or eliminate HeroNet’s or others’ accessible information.
- Acts to use this service pretending others.
- cts to send harmful computer programs or make others open to access.
- Acts for pre-election or election campaigns or such acts that violate election laws.
- Acts to sends advertisements, publicity or inducements to others, send loathing emails, obstruct others’ emails, requests serial email forwarding or forward such emails as requested.
- Acts to access other equipment or HeroNet service equipment (the communication equipment, communication lines and other devices or software HeroNet prepares to provide this service) without permission, or obstruct the use or management of the equipment.
- Acts to collect others’ information without the person’s consent or by fraud ways.
- Acts to fail to report competent authorities or follow proper procedures to obtain permissions as required, or violate concerned laws.
- Acts to violate other laws, the Membership Agreement or public order and morals, obstruct this service, libel HeroNet, infringe on HeroNet assets, or impose disadvantage to others or HeroNet.
- Acts to make links to the date that shows any of the acts above (including the case others do) to promote such acts.
Article 4. FEES
Clause 17. Service Fees
The service fees and calculations are set forth by HeroNet.
Clause 18. Change in Service Fees
When HeroNet changes service fees, the change takes effect the day HeroNet designates no matter annual contract, monthly contract or ways of payment, and the service fees and other debts HeroNet already received will not be refunded.
Clause 19. Ways of Payments
The member is required to pay for service fees and other liabilities by one of the ways admitted by HeroNet.
(1) By credit card issued by the credit admitted by HeroNet. (such a member may be called card member) the name of the bank card should be the same as the name of the payer.
(2) By the company that has a contract with the member to pay on behalf of the member. HeroNet designates proper companies.
(3) By cash (such a member may be called cash member).
(4) By withdrawal from the member’s account (such a member may be called bank account member) in the bank designated by HeroNet based on the bank’s agreement.
Clause 20. Payments
１.HeroNet aggregates monthly service fees and other liabilities by the final day of each month.
２.HeroNet requests the card company, bank or pay-on-behalf company to pay with consumption tax by the member’s selected way of payment.
３.The member is required to pay by his/her selected way of payment according to payment conditions set forth by the bank, credit card company or pay-on-behalf company. ４.HeroNet will not take any responsibility for any disputes over payments or other reliabilities between the member and the bank, credit card company or pay-on-behalf company.
Clause 21. Interest on Payment Delay
１.When the member fails to pay service fees and other reliabilities even past the payment day, the member may need to pay stated payment delay charges (see the Agreements for Use) until the payment date set by HeroNet.
２.The member may be required to pay any additional fees related to the bank payment and other payment procedures above.
Article 5. MANAGEMENT
Clause 22. Suspension of ID by HeroNet
１.HeroNet may suspend use of ID for any of the reasons below without consent from the member.
(1) The member cannot be contacted by telephone, FAX or email.
(2) The mails sent to the member were returned to HeroNet.
(3) HeroNet considers a possibility of emergency is high.
２.HeroNet will take no responsibility when the member cannot use this service and damage occurs due to the suspension of ID by HeroNet for the reasons above.
Clause 23. Deletion of Server Data
１.When the data registered to the service equipment (server) by the member exceeds the certain period or quantity set on each service by HeroNet, HeroNet may delete it without prior notification to the member. HeroNet also may delete the data registered to the service equipment by the member for management or security reasons without prior notification to the member.
２.HeroNet will take no responsibility for the deletion of data.
Clause 24. Change in Service/Goods
HeroNet may change the titles and contents of services or goods without prior notification to the member.
Clause 25. Suspension of Services
１.HeroNet may suspend its services for any of the reasons below without prior notification to the member.
(1) Regular or emergency maintenance.
(2) Unavailability of services due to fire or power outage.
(3) Unavailability of services due to natural disasters like earthquakes, eruptions, floods or tsunami.
(4) Unavailability of services due to war, upheaval, riots or demonstrations.
(5) Such a suspension is considered to be necessary for management or technical reasons.
２.HeroNet will not take any responsibility, unless otherwise stated in the Membership Agreement, for service delay or suspension for the reason above, or damage imposed upon the member or others as a result.
Clause 26. Exemption
１.HeroNet will take no responsibility over integrity, accuracy, application or value of the data offered by HeroNet or registered by others.
２.When the data that the member registered to the service equipment or permitted others to do so are lost (not the case when the member deleted by him/herself) or changed by others, HeroNet will try to recover the data as much as technically possible and exempt itself from claims for compensations.
３.The contents of services are only the ones that HeroNet can offer at the time, and the responsibility of HeroNet is to manage its services with cautions as a good manager in order for the member to use the without any interruptions. In addition to Clause 22, the previous clause and the item 2 above, HeroNet will take no responsibility, unless otherwise stated in the Membership Agreement, over damages occurred by use of the service(s) (including the damages occurred by trouble between the member and others) and damages occurred by not use of the service(s) and will not pay any compensations.
Clause 27. Suspension of Services
１.HeroNet may suspend a part or all of its services with prior notification on emails or homepages.
２.With the above procedure taken, HeroNet will exempt from claims for compensations from the members or others.
Clause 28. Measurements to Membership Agreement Violations
１.When the member violates the membership Agreement or is likely so, or others bring claims or requests against the member’s use of the service and HeroNet considers it necessary to do, or HeroNet decides the member is ineligible for some reason, HeroNet may take one or a combination of the following measurements against the member.
(1) Request to stop acts that violate or are likely to violate the Membership Agreement and not to repeat such acts.
(2) Request to discuss with others to solve the claims or requests (including lawsuits).
(3) Request to delete the information issued or disclosed by the member.
(4) Without prior notification, delete a part or all of the information issued or disclosed by the member and keep the member inaccessible.
(5) With prior notification, suspend use of ID or expel the member.
(6) When notifications from the computer virus watch committee or other public agencies make it clear that the member’s communication devices or hard desks are contaminated by virus, the service will be suspended until the problem is solved. In that case, notifications and advice will be made. If such a problem frequents, all services will be stopped and legal procedures may be taken.
２.The regulations above do not deny the principles of the member’s responsibility stated in Clause 13.
３.The member should understand the regulations in Item 1 do not impose any obligations upon HeroNet to take the measurements stated in the same item. When HeroNet takes the measurements stated in Item 1 above, the member is required to exempt HeroNet from results caused by the measurements.
Clause 29. Suspension of Membership
１.In addition to the previous clause, Item 1, measurement (5), HeroNet will suspend use of ID or expel the member without prior notification or warning when the member comes under any of the following cases.
(1) When the member is found violating any regulations in Item 1, Clause 7.
(2) When the member delays payments of service fees or other liabilities or refuses to pay them.
(3) When the credit card company, bank or pay-on-behalf company stops the member’s card or bank account.
(4) When the member claims bankruptcy or a court judges a necessity of a guardian.
(5) When the member refuses any requests from HeroNet of the previous clause, Item 1, (1), (2) or (3).
(6) When HeroNet judges the member is ineligible.
２.The member, who was expelled from the membership by the previous clause, Item 1, (5), should pay all service fees and other liabilities at once.
３.If the member has more than one ID and any of the IDs was suspended or the member came to be expelled by the previous clause, Item 1, (5), HeroNet may suspend use of all his/her IDs and expel the member.
４.HeroNet may claim for compensations, regardless of member’s expulsion or ID suspension or, when the member causes damage upon HeroNet by any violations in Clause 17 or Item 1 of this clause.
Article 6. SERVICES
Clause 30. Restrictions
The member should understand he or she may have some restrictions to certain services by the process or procedures to apply for the membership.
Clause 31. Other Networks
１.When the member uses other computers or networks through HeroNet services, he/she has to comply with precautions or instructions from webmaster managers and do not act as stated in Clause 17.
２.HeroNet will take no responsibility over use of other networks through its services. ３.Clause 13 (principles of responsibility) is still applied to the use of other networks through our service.
Article 7. CONFIDENTIALITY OF PRIVATE INFORMATION AND COMMUNICATIOS
Clause 32. Private Information
１.HeroNet will not use the member’s private information for any other purposes except for its own service, nor disclose or offer it to others. However, this policy is not applied to the following cases.
(1)Announce on HeroNet webs accessed by the member or on member terminals, email or mail HeroNet services beneficial to members, or goods or services of the companies associated with HeroNet. The member can stop or restart such announcements with notification to HeroNet.
(2) Email to request consent from the member to use private information.
(3) Use private information within the scope of consent with the member.
２.HeroNet will not disclose private information to the third party unless HeroNet notify the member of the place the private information goes to and obtain consent from the member (disclose the place on the screen to give the member a chance to refuse it if he/she wishes).
３.When forceful measurements were conducted based on Prosecution Law 218 (Search with Warrant) in spite of Item 2, HeroNet may disclose private information within the scope of the law.
４.When, in spite of Item 2, it is admitted as necessary to identify the member’s credits or liabilities, payments or collections concerning use of the service, HeroNet may disclose private information to banks to the necessary extent. ５.The member should understand Cause 13 (Principles of Responsibility) and Clause 27 (Exemptions), Item 2 and 3 will be applied when the member discloses his/her private information using the service.
６.HeroNet may collect and analyze the member’s private information, make processed information that any individual cannot recognize or identify to use for development of new services. HeroNet also may provide associated companies with statistics.
Clause 33. Confidentiality of Communications
１.HeroNet maintains confidentiality of the member’s communications in compliance with the Electric Communications Business Law Clause 4.
２.When forceful measurements are taken by Prosecution Law218, Communications Monitoring Law or orders from courts, HeroNet will not hold the obligation of confidentiality within the scope of such orders.
３.When it is admitted as necessary to identify the member’s credits or liabilities, payments or collections concerning use of the service, HeroNet may disclose private information to banks to the necessary extent and will not hold the obligation of confidentiality stated in Item 1.,
４.HeroNet may collect and analyze the member’s service records, make statistics to use for development of new services. HeroNet also may provide associated companies with statistics.
Article 8. OTHERS
Clause 34. Court of Exclusive Jurisdiction
When need for lawsuit arises between the member and HeroNet, the court that has the jurisdiction over the area where the main office of HeroNet is located should be the court of first trial.
Clause 35. Proper Laws
Japanese laws are proper laws concerning the Membership Agreement.
Supplementary Provision
The Membership Agreement is implemented on 1 January, 2006.