Definition of Terms

Service

means all services of "JCB CONSUMPTION NOW" provided by the Service Provider. Service also includes License Management System that the Service Provider provides to its Subscribers.

Service Provider

means NOWCAST, Inc. and JCB Co., Ltd. (hereinafter each may be separately referred to as "NC" and "JCB".)

Service in Use

means the specific service among Service that the Subscriber apply to the Service Provider and accepted by them.

Subscription Agreement

means an agreement for subscription concluded between the Service Provider and the Subscriber with regard to using Service ("Agreement").

License

means license granted for using service per User.

License Management System

means a system that can apply for Services, License and User management on-line.

Subscriber

means a for-profit organization, non-profit organization and individual who conducts sales based on this Agreement, which agreed on the provision of services from the Service Provider.

Administrator

means an individual, whom Subscriber notifies to the Service Provider, who is delegated by the Subscriber to change the Subscription Agreement, the quantitiy of License, the User configuration, and is responsible of communication with the Service Provider.

User

means a specific individual who is set up by the Administrator to use Service.

Registrated Information

means company information, User information, payment information, etc. which are submitted to the Service Provider by the Subscriber.

Usage Fee

means the monthly fee for using the Service which is calculated based on the license unit price specified in the separate sheet.

Trial Use

means free trial of this service.

Service Procider Notice

means notices sent by the Service Provider after the application for a Paid Subscriber is completed. The notices may be provided to a Paid Subscriber either in writing or in the form of electronic record.

Chapter 1 General provisions

Article 1 (Application of These Terms)

1. These terms and conditions (hereinafter referred to as "Terms") shall apply between the Service Provider and Subscriber with respect to the subscription of the "Service". If there is any special agreement that explicitly differs from Terms, the relevant agreement will prevail.
2. The Terms apply to all Subscribers (including Trial Subscribers) who use this Service and will be applied effectively while continuing to use this Service.
3. Subscriber shall be registered as a Subscriber to the Service only after Subscriber's acceptance of these Terms. PLEASE MAKE SURE TO READ AND ACCEPT THESE TERMS BEFORE SUBMITTING SUBSCRIBER'S APPLICATION.

Article 2 (Scope of the Application of these Terms)

These Terms apply to all matters relevant to Subscriber's use of the Service and any content and system thereof.

Article 3 (Outsourcing)

The Service Provider may outsource to Service Provider's business partner(s) all or part of the operations necessary for providing the Service to Subscriber.

Chapter 2 Subscribership

Article 4 (Categories of Subscribers; Service Descriptions)

1. The objectives of Subscriber are for profit organizations, nonprofit organizations and individuals who operate business, and there are three subscribership categories as described below:
   1. Paid Subscriber
   2. Free Subscriber
   3. Trial Subscriber
2. The Service includes the following:
   1. Delivery of index data calculated by the Service Provider
      1. (a) bimonthly index data (cut-off dates are the 15th and the last day of every month)
         (b) monthly index data
   2. Service which is separately agreed with the Service Provider with the Servicre Provider Notice
   3. Other services which the Service Provider may determine to provide to the Subscriber.

Article 5 (Registration for Subscription)

1. The person who wishes to become a Subscriber (hereinafter referred to as "Applicant") shall apply its subscription to the Service in accordance with the procedures prescribed by the Service Provider. The Subscription Agreement shall come into effect if and when the Service Provider accepts the application.
2. The Service Provider may refuse to accept Subscriber's subscriber registration in any of the following cases. In such cases, the Service Provider will not disclose in any way the grounds for the decision of such non-acceptance. In addition, Subscriber shall not raise any objection to the result of such a decision.
   1. In the case where the Applicant is non-existent;
   2. In the case where the Service Provider cannot contact the Applicant at a phone number, fax number, email address, or postal mailing address, etc., notified by the Applicant;
   3. In the case where the Service Provider consider as otherwise inappropriate to register the Applicant as a Subscriber
   4. In the case where JCB or NC considers that the Applicant fails to satisfy the eligibility as Subscriber registration, such as the case where the Applicant has been suspended from using a service, etc., operated by JCB or NC (including, but not limited to the Service and respective individual services) due to the breach of the relevant terms or otherwise by the Applicant
   5. In the case of any technical or operational difficulty; or
   6. In the case where the Service Provider consider as otherwise inappropriate to register the Applicant as a Subscriber

Article 6 (Exclusion of Anti-social Forces)

1. Subscribers and Applicants (hereinafter collectively referred to as "Subscribers, etc.") shall guarantee that they are not a part of an organized crime group, a member of an organized crime group, a former member of an organized crime group for whom 5 years have not passed since having left an organized crime group, a submember of an organized crime group, a person involved in organized crime group affiliated businesses, corporate racketeer and such, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes, terrorists, individuals who are imposed economic sanctions by the Japanese government or other foreign governments (the above 9 affiliations raised are hereinafter referred to as "Members of organized crime groups and such"), cohabitants with members of organized crime groups and such, and others who are likened to the above (all above affiliations raised in this Item are hereinafter referred to as "Anti-Social Forces"); nor shall be any in the future; or, by himself/herself or through a third party, shall not conduct violent acts of demand, conduct acts of demand that are unjust and are beyond legal responsibilities, or regarding trades, take intimidating behavior, act with violence, spread false rumors, use fraudulent means or power to damage the credit of the Service Provider, hinder the operations of the Service Provider, or take any actions related thereto (hereinafter collectively referred to as "unjust acts of demands, etc.").
2. If the Service Provider considers it is suspected that the Subscribers, etc. is violating the preceding Clause, the Service Provider may decline the registration request, halt its Service based on these Terms temporarily, or take other necessary actions. If the Service is temporarily halted, the Subscribers, etc. will not be able to use the Service until the Service Provider permit their usage.
3. If the Subscribers, etc. suffer damages due to the application of the preceding Clause, they hereby waive and are not entitled to demand any compensations and such to the Service Provider.
4. Cohabitants with members of organized crime groups and such, as prescribed in Clause 1, are defined as follows:
   1. An individual who shares a relationship with Members of organized crime groups and such, wherein it can be considered that the latter controls management;
   2. An individual who shares a relationship with Members of organized crime groups and such, wherein it can be considered that the latter more or less is involved in management
   3. An individual who is considered to use Members of organized crime groups and such with the aim of gaining unjust profit for themselves or for a third party, or with the aim of inflicting losses on a third party;
   4. An individual who is considered to be providing capital, or share a relationship in which convenience is extended to members of organized crime groups and such;
   5. An individual who shares a socially deplorable relationship with Members of organized crime groups and such;
   6. An individual who participates in the fund-raising activities of Members of organized crime groups and such; or expand their profits by using the power, information, and capital of Members of organized crime groups and such.

Article 7 (Change in Registration Information)

1. In the case of a change in Subscriber's registration information, Subscriber shall, in a prescribed manner, promptly notify the Service Provider of such change. However, for procedural reasons, a certain number of days might be needed for a change to take effect after Subscriber have completed the procedures for notification of the change.
2. The Service Provider is not liable in any way for any disadvantage incurred by Subscriber before Subscriber make the notification under the preceding Clause or due to Subscriber's failure to make the notification under the preceding Clause.
3. The Service Provider may, as a result of the review of the details of the change, suspend Subscriber's use of the Service.

Article 8 (Registration of Administrator and Designation of Users)

1. After the Subscription Agreement is established, the Subscriber shall select the Administrator at his / her/its own risk and register the Administrator on the License Management System. The Subscriber can change the Administrator at any time by taking the procedure specified by the Service Provider and by notifying the Service Provider. In the case of revoking the authority awarded to the Administrator, the Subscriber shall carry out procedure herein, otherwise the Subscriber cannot assert to the Service Provider of the revoke.
2. The Administrator shall have the authority to change the Subscription Agreement, change the number of Licenses and designate or change the Users on behalf of the Subscriber. In addition, it is deemed that the Service Provider notifies the Subscriber when the Subscriber notifies the Administrator.
3. The Administrator may, on the License Management System, set the User (limited to Subscriber's employees or their contract employees) up to the number of Licenses agreed on the Subscription Agreement.
4. The Subscriber may use Service by following the instructions sent from the Service Provider. The number of Users who can use Service is limited to one per License. Sharing the License, including by sharing an e-mail address(or using group email address) with multiple persons, is also prohibited.
5. The Subscriber shall manage the User with attention as a good manager and shall make the User comply with the Terms. Any act performed by Users on Service is deemed to be actions done by the Subscriber.
6. The Subscriber shall bear all responsibility for the acts by the Administrator. The Service Provider considers any action by the Administrator as an action by the Subscriber regardless of whether or not by the Administrator itself.

Article 9 (Management of ID and Password)

1. An ID provided to either Administrator or User by the Service Provider (hereinafter referred to as “ID”) and password or other symbols, etc., used together with the ID as the information required for the verification of Administrator's or User's right to use the Service are collectively referred to as “Personal Authentication Information,” and the verification made by means of the Personal Authentication Information with respect to Administrator's or User's right to use the Service is referred to as “Personal Authentication.”
2. The Administrator and the User are fully responsible for the management of their own Personal Authentication Information, and shall not allow any other person to use their own Personal Authentication Information or the right to use the Service requiring the Personal Authentication, share any of it with any other person, nor grant a license under any of it to any other person. Any act relating to the Service for after a successful Personal Authentication of the Administrator (including the acts prescribed in Clause 7.2 and 7.3) and any act relating to the Service for after a successful Personal Authentication of User (including cases where Subscriber's Personal Authentication can be successfully completed without Subscriber's involvement and the Service can be used by another person as a result of the connection or settings of Subscriber's device or network being on an always-on connection service, etc.), is considered as act by Subscriber itself, regardless of whether such use or act is made by Subscriber or not, and Subscriber are fully liable and responsible therefor.

Article 10 (Subscriber's Responsibilities)

Subscriber may, subject to Subscriber's acknowledgment of an agreement to all of the following matters, use the Service.

1. Subscribers will comply with these Terms and Service Provider Notice.
2. In using the Service, Subscriber follows the procedures established by the Service Provider, if any;
3. Subscriber uses any content at Subscriber's own responsibility by judging things such as the reliability, accuracy, maturity and usefulness (or value) of the details thereof yourself.

Article 11 (Prohibitions)

1. Subscriber shall not transfer, delegate or pledge as a security Subscriber's status as the party to these Terms, or all or part of the rights or obligations under these Terms to or for any third party without a prior written consent of the Service Provider.
2. In using the Service, Subscriber shall not commit any of the following acts:
   
   1. An act that violates or is likely to violate a right of the Service Provider or another person;
      
   2. An act of unauthorized access;
      
   3. An act of hacking or cracking;
      
   4. An act of unauthorized downloading (such as, but not limited to, downloading of content(s), etc., in an amount or frequency which is obviously considered as unusual in light of the purpose of Subscriber's subscription), or an act of web scraping (including but not limited to, the act set forth in Article 47-7 of the Japanese Copyright Act) of content(s) made available on the Service;
      
   5. An act associated with a crime such as fraud or an act in connection with a criminal conduct;
      
   6. An act of hindering the use or operation of a facility of another person or a facility for provision of the Service (meaning any communication facility, communication line, computer or other device or software prepared by the Service Provider to provide the Service; hereinafter the same shall apply);
      
   7. An act of breaching these Terms, public order or morality, hindering the operation of the Service, impairing the credibility of the Service Provider or violating a property of the Service Provider, or an act harmful to another person or the Service Provider;
      
   8. An act of redistributing, leasing or selling the Service to another person unless authorized by the Service Provider;
      
   9. An act of utilizing a failure or fault of the Service for an unlawful purpose or informing of such failure or fault to another person; or
      
   10. An act that the Service Provider considers as otherwise inappropriate.

Article 12 (Handling of Personal Information)

1. The Service Provider will handle Personal Authentication Information, registration information, and information acquired by the Service Provider about Subscriber in the course of Subscriber's subscription of the Service in accordance with the “Privacy Policy.”
2. The Service Provider may use the name, telephone number, e-mail address, job title and other information about both the Administrator and the Users which are received from the Administrator or User for the following uses.
   1. contract management and processing
      
   2. advertising of other services of the Service Provider
      
   3. publishing on online media which target marketing and product launch
      
   4. delivering surveys for market research and product development
      
   5. delivering invitations for events and seminars, and notices
      
   6. list management, investigation and sending promotion emails etc
3. If Subscriber or User cancels the subscription of Service or if the Service Provider suspend Subscriber's or User's use of Service, the Service Provider will retain Subscriber's or User's information set forth in the preceding Clause for three (3) years and then delete it, provided that the Service Provider will also retain back-up data of such information for further three (3) months after the retention period and then delete it.
4. The Service Provider does not provide the personal information we collected to third parties except for compliance with laws and regulations.
5. The Service Provider may subcontract the handling of personal information in respect of the following.
   1. marketing（research, surveys etc, data analysis etc
   2. delivering invitations for events and seminars, and notices
   3. list management, investigation and sending promotion emails etc
6. For questions or complaints regarding the handling of personal information, please contact us at info@nowcast.co.jp (attention: Information Manager of Nowcast Inc.)

Article 13 (Special Subscriberships)

1. In addition to the categories of subscribership set forth in Article 4, Clause 1, the Service Provider may establish the category "Media Subscriber" as special subscribership.
2. In establishing the special subscribership as set forth in the preceding Clause, the Service Provider may, in addition to these Terms, establish separate terms and conditions with respect to the details of qualifications, rights and obligations of the relevant Subscribers.

Chapter 3 Intellectual Property Rights, etc

In establishing the special subscribership as set forth in the preceding Clause, the Service Provider may, in addition to these Terms, establish separate terms and conditions with respect to the details of qualifications, rights and obligations of the relevant Subscribers.

1. The Service is a business information service provided by the Service Provider. Any data, diagram, chart, report, image, visual material, software, etc., relevant to the Service (hereinafter referred to as “Content”), any and all rights such as intellectual property rights (including, but not limited to intellectual property rights (including, but not limited to patent rights, utility model rights, copyrights (including the rights set forth in Articles 27 and 28 of the Japanese Copyright Act), moral rights of authors, design rights, trademark rights, ideas and know-how), the right to obtain a registration thereof, and ownership or other real rights thereto (excluding any ownership or other real right that belongs to a third party under a contract or otherwise)) belong to the Service Provider.
2. Subscriber may, subject to all of the following conditions, use the Content made available through the Service:
   
   1. Subscriber may download or accumulate the Content made available through the Service only for Subscriber's personal use or internal use within Subscriber's organization permitted under the Japanese Copyright Act. Subscriber may store and accumulate downloaded data on Subscriber's own terminal or storage media for such purpose; provided, however, that any rights in or to any of such data are not transferred to Subscriber and remain the property of the Service Provider. Therefore, Subscriber shall not, based on any Content downloaded, compile any database that can be regarded as a reproduction or adaptation of the Service even for the aforesaid internal use without the written authorization of the Service Provider. As for the aforesaid internal use within Subscriber's organization, Subscriber may show such data which Subscriber have downloaded and accumulated to personnel other than yourself within Subscriber's organization (except for Subscriber's service assistant who is under Subscriber's direct control and supervision; the term “service assistant” as used herein refers to a secretary, assistant, etc., and does not include any person who might make an external announcement and activities in his/her own name; hereinafter the same shall apply in this Item (1)) as a reference material to the extent not contrary to this Item (2); provided, however, that any of such personnel other than Subscriber within Subscriber's organization or any other third person shall not, without going through Subscriber, directly access or use such downloaded and accumulated data.
      
   2. Unless otherwise specified in the Subscriber Provider Notice, Subscriber's external use of the Content outside Subscriber's organization (including, but not limited to any quotation in any literary work, such as a book, newspaper, paper, essay or report, which is open to the public or is made available to Subscriber's client, as well as any duplication, transmission, distribution, transfer, lease, translation, adaptation, license grant, reproduction or reuse of information that is made available through the Service) shall be subject to all of the following conditions
      1. （a） As for Content that the Service Provider makes available to the public in addition to Subscribers, Subscriber may use it by clearly identifying the Service Provider as the source of the quotation and to the extent of “quotation” permitted under Article 32 of the Japanese Copyright Act.
      2. （b） As for the Content that the Service Provider makes available only to Subscribers, Subscriber may, subject to all of the following restrictions, use it by clearly identifying the Service Provider as the source of the quotation and to the extent of "quotation" permitted under Article 32 of the Japanese Copyright Act
         • ① Subscriber shall not use outside Subscriber's organization in whatever form any numeric data in relation to which the whole of a consecutive data set of no less than 6 sets can be perceived as information;
         • ② Subscriber shall not use any diagram or chart in a manner in which a consecutive numeric data set can be perceived as information as prohibited in Sub-Item ① above; and
         • ③ Except for a quotation made by clearly identifying the Service Provider as the source of the quotation and to the extent of "quotation" permitted under Article 32 of the Japanese Copyright Act, Subscriber shall not use in any form of duplication or adaptation.
      3. （c） In the case of any external use as set forth in this Item, please identify as follows: Source: "NOWCAST, Inc./ JCB, Co., Ltd."" In addition, in making such use, please contact the Service Provider through the contact information designated by the Service Provider.
      4. （d） Any trademark, service mark, logo, etc., contained in the Service are the registered trademarks or trademarks of the Service Provider, collectively or individually, and Subscriber shall not, without the authorization of the Service Provider, use any of them other than for Subscriber's personal use or internal use within Subscriber's organization.
3. In addition to the provisions of the preceding Clause, Subscriber acknowledge and agree that Subscriber will not, whether wholly or partially, duplicate, publish, transmit, distribute, transfer, lease, translate, adapt, grant a license of, reproduce or reuse the Service or software or any content contained therein unless otherwise prescribed in the preceding Clause or authorized by the Service Provider in advance in writing.
4. In the case of Subscriber's breach of Clause 2 or 3 of this Article, Subscriber acknowledge and agree in advance that the Service Provider are entitled to enjoin the access to (or use of) any Content, etc., as well as any material generated by duplication, publication, transmission, distribution, transfer, lease, translation, adaptation, license grant, reproduction or reuse of any Content, etc., and is also entitled to claim from Subscriber the amount equivalent to Subscriber's profits earned from such conduct.
5. In the case of Clause 2 of this Article or in the case where the authorization set forth in Clause 3 of this Article is granted, the Service Provider may quote, reproduce or present on the Service the relevant quotation made in a literary work, such as a book, newspaper, paper, essay or report released outside Subscriber's organization, which is open to the public or is made available to Subscriber's client. In the case where a consent of a third party is required for such quotation, reproduction or presentation, Subscriber shall provide cooperation necessary to obtain such consent.

Chapter 4 Subscription Fees

Article 15 (Subscription Fees)

1. Free Subscribers shall be entitled to use the Service on a free basis within the range defined by the Service Provider.
2. In accordance with the Service Provider Notice, a Paid Subscriber will, unless otherwise agreed with the Service Provider, pay a Usage Fee on the Price List by a method provided in the next clause.
   1. Credit Card Payment
      As a general rule, payment is only made with a JCB card. However, payment with a non-JCB card is possible if the Service Provider approves. In addition, the payment deadline and settlement date are based on the membership agreement ("Credit Card Agreement") for the credit card.
   2. (2) Invoice Payment
      Based on the invoice from the Service Provider, the Subscriber transfers the Usage Fee of the current month to the bank account which the Service Provider designates, by the end of the month after the next month. The Subscriber shall pay the bank transfer fee accured from the payment.
3. As a general rule, Paid Subscribers shall pay a Usage Fee by credit card (1). Only if a separate agreement is made with the Service Provider, the Subscriber may pay by invoice (2).
4. The Usage Fee is paid regardless of whether the user has enrolled and whether or not the Service is actually used. Also the monthly Usage Fee will not be prorated on a daily basis in the events of start of use, changes of option, or cancellation of the Service before the end of month.
5. If the Subscriber changes the type as provided for in clause 1 in 4, the Service will be provided on the start date specified in the Service Provider Notice, provided, however, that the Usage Fee for the new type applies from the 1st day of the next month.
6. If the Subscriber terminates the Service, he or she cannot receive the Service on and after the final termination date specified in the Service Provider Notice.
7. If the Subscriber who makes Invoice Payment delays the payment of the Usage Fee, the Subscriber shall pay the Service Provider the late charge at the rate of 14.6% per annum for the delayed amount.
8. The Service Provider will set a free trial period to those who wish to be a Trial Subscriber after Applicant submits their application pursuant to Clause 5.1 of this Agreement. The Service Provider shall notify the Applicant of period and conditions of the trial at the time of application, and the Applicant may be a Trial Subscriber after accepting the conditions.
9. The Service Provider automatically terminates the Service for a Trial Subscriber and change his or her status to a Free Subscriber unless the Trial Subscriber opts to become a Paid Subscriber after the free trial period.

Chapter 5 Use of the Service

Article 16 (Facilities, etc.)

1. Subscriber is responsible for any communication charges required for Subscriber's use of the Service as well as any facilities necessary for Subscriber's use of the Service (such as computer, communication device, software and high-speed Internet access environment) at Subscriber's own expense and account.
2. The Service Provider will separately identify the environment required for the use of the Service (hereinafter referred to as "System Requirements"). Subscriber agrees that the Service Provider may change a program, communication means and/or content of information in order to enhance the quality of service for Subscribers.
3. Subscriber acknowledge and agree that Subscriber might not be able to use the Service if Subscriber's facilities fail to meet the System Requirements. In addition, Subscriber acknowledges and agrees that Subscriber might not be able to use the Service depending on Subscriber's specific environment, the settings of Subscriber's computer, or otherwise even under an environment meeting the System Requirements.

Article 17 (Email Service)

In the case where Subscriber changes Subscriber's registered email address, Subscriber acknowledges and agrees in advance that a certain number of days is needed for a change to be effective, and emails from the Service Provider to be sent to Subscriber's changed email address.

Article 18 (User Support)

1. The Service Provider accepts inquiries about the Service through the "Contact Form" on the website of the Servise.
2. Some inquiries about the Service may be responded to by the Service Provider's subcontractor(s).
3. The Service Provider will not respond to any inquiry about Personal Authentication Information, or any request to undertake the procedures for changing Personal Authentication Information or for canceling the subscription the Service for the purpose of protection of personal information. As the Service Provider manages each password by encrypting it, the Service Provider cannot answer any inquiry even from Subscriber about Subscriber's own password.

Article 19 (Restrictions on the Use of the Services)

1. Subscriber acknowledges and agrees that Subscriber shall, depending on a channel or method of Subscriber's application for the subscription to the Service, be subject to restrictions such as unavailability of certain services.
2. The Service Provider retains the right to establish additional terms and conditions for Subscriber's use of the Service and introduce some restrictions on Subscriber's use (for example, by prescribing the time for Subscriber's access or otherwise) as necessary.
3. The Service Provider may provide the Service to Subscriber through the Service Provider's third party vendor(s). In this case, Subscriber acknowledges and agrees that not all the Services may be available to Subscriber unless Subscriber and third party vendor(s) enter into a separate Subscription Agreement or the like. And there is a case where the Service Provider may restrict the content to be provided to such third party vendor(s).

Article 20 (Notifications to Subscribers)

1. In the case where the Service Provider notifies the Subscriber in accordance with Subscription Agreement, the Service Provider shall send a notification by e-mail to the Administrator's e-mail address, registered by the Subscriber. In order to receive such notice, the Subscriber shall register with the Service Provider the e-mail address that can receive the e-mail without fail at the responsibility of the Subscriber.
2. In the case where the Subscriber does not register the e-mail address as stipulated in the preceding Clause or where the Subscriber has not made a change notification of the e-mail address despite that the Subscriber's e-mail address has changed, or where the Subscriber deletes or has lost the e-mail address, the Service Provider will make notification public to the Subscribers by posting such notification on the website of Service, and the Service Provider will assume that the notice based on this Agreement takes effect.
3. The validity of the notice under the two preceding provisions of this article shall take effect force as soon as the notice is sent by e-mail or posted on the website of this Service.
4. Subscriber and Users are responsible to check notifications from the Service Provider to Subscriber and User from time to time. The Service Provider is not liable in any way for any damage incurred by Subscriber due to Subscriber's failure to conduct such a check.

Chapter 6 Revision of these Terms; Cancellation of Subscription (Cancellation of Subscription Agreement); Change to the Service, Etc.

Article 21 (Revision of these Terms)

The Service Provider may, if the Service Provider finds it necessary, amend Terms from time to time without a consent from the Subscriber. When the Service Provider changes Terms, the Service Provider will notify the Subscriber one (1) month before prior to amendment by the method specified in the preceding clause. In the case where Terms have been changed, the contractual relationship between the Subscriber and the Service Provider concerning Service shall be in accordance with the changed Terms.

Article 22 (Cancellation of Subscription)

1. If a Free Subscriber wishes to terminate this Agreement before it expires, the Free Subscriber must notify the Service Provider, using the form for termination on the website of Service, and this Agreement will be terminated immediately. If a Paid Subscriber wishes to terminate this Agreement before it expires, the Paid Subscriver shall notify the Service Provider, using the form for termination on the website of Service, one month before the last month they want to use the Service. The Service will be terminated at the end of the following month of notification. The Subscriber must pay the monthly Usage Fee for the full month in which he or she last used the Service (The monthly Usage Fee cannot be prorated on a daily basis.)
2. The Service Provider may terminate this Agreement at the end of the month, three (3) months after sending the Service Provider Notice. The Subscriber must pay the monthly Usage Fee for the month in which he or she last used the Service.
3. The Service Provider is not liable in any way for any damage incurred by Subscriber due to a conduct made by the Service Provider in accordance with this Article.

Article 23 (Suspension of Use)

1. The Service Provider may suspend Subscriber's use of the Service (terminate Subscriber's subscription agreement) without any notice to Subscriber or demands for rectification if the Service Provider considers that any of the following Items applies to Subscriber
   1. In the case where the Service Provider receives a complaint, claim, etc., from another person in connection with Subscriber's use of the Service and if the Service Provider finds it necessary to suspend Subscriber's use of the Service;
   2. In the case where the Service Provider cannot contact Subscriber by phone, fax, email or otherwise;
   3. In the case where a postal item addressed and sent to Subscriber is returned;
   4. In the case where Subscriber becomes subject to a criminal procedure, etc., due to Subscriber's violation of a law, regulation, etc.;
   5. In the case where Subscriber admits Subscriber's inability to pay Subscriber's debts or Subscriber have the inability to pay Subscriber's debts as they become due;
   6. In the case of the dishonor of a negotiable instrument or check;
   7. In the case of a petition for attachment, provisional attachment or compulsory auction against Subscriber or a disposition of delinquency of any tax or public charge against Subscriber;
   8. In the case of a petition for the commencement of bankruptcy or civil rehabilitation proceedings against Subscriber or in case of material uncertainty about Subscriber's credit standing;
   9. In the case where Subscriber breaches Article 11 (Prohibitions) or where the Service Provider considers that Subscriber is likely to breach it;
   10. In the case where Subscriber who makes Invoice Payment delays payment of Usage Fee and any other fee for two months, or refuses payment;
   11. In the case where Subscriber who makes Credit Card Payment delays payment of Usage Fee and any other fee, and does not clear the delinquent payment with the Service Provider for two months;
   12. In the case where Subscriber breaches any provision of these Terms (other than those set forth in the preceding Clause) and if such breach is not rectified within a reasonable period after the Service Provider' demand for rectification of such breach;
   13. In the case where the Service is not used by Subscriber for a certain period; or
   14. In the case where the Service Provider considers it necessary for Subscriber's subscription agreement to be terminated for a cause other than those described above.
2. In the case where the Service Provider establishes a trial period , if the Subscriber passed the trial period set by the Service Provider, without making a request to the Service Provider that the Subscriber continues to use Service as a Paid Subscriber , the Terms with regards to the free trial shall be terminated.
3. If Subscriber's subscription agreement is suspended (or terminated), any and all of Subscriber's obligations to the Service Provider (including any unpaid subscription fees) that have accrued as of the time thereof become immediately due and payable, and Subscriber shall perform all such obligations at once.
4. In the case where Subscriber breach Article 11 (Prohibitions) or fall under any of the Items of Clause 1 of this Article and if the Service Provider incurs damage as a result thereof, the Service Provider is, regardless of whether Subscriber's subscription agreement is terminated or not, entitled to claim from Subscriber the damages incurred by the Service Provider.
5. The Service Provider is not liable in any way for any damage incurred by Subscriber as a result of the Service Provider's termination of Subscriber's subscription agreement.

Article 24 (Change, Discontinuation, etc., of the Service)

The Service Provider may, without any prior notice to Subscriber and User, change, suspend or discontinue (terminate) all or part of the contents of the Service. Such change, suspension or discontinuation (or termination) includes those due to the maintenance of system, natural disasters, etc.

Chapter 7 General Provisions

Article 25 (Term)

The validity of this Agreement shall be until the end of the month after one year from the start date of using this Service. However, unless there is a proposal not to renew the Agreement in writing from either the Subscriber or the Service Provider one month before the expiration date, the Agreement shall be extended for one year.

Article 26 (Transfer of Ownership by JCB・NC)

The Service Provider may, upon a prior notice on the Service and without Subscriber's specific permission, transfer to any third party the Service Provider's status as the party to these Terms and respective individual terms of services and assign or delegate to any third party the Service Provider's rights and obligations set forth in these Terms.

Article 27(Disclaimers and Damages)

1. (Disclaimer of the Service Provider)
   The Service Provider's responsibility to Subscriber with respect to the Service is limited to operating the Service with the due care of a good manager so that Subscriber can use the Service with no hindrance. Except in the case of the Service Provider's willful conduct or gross negligence, the Service Provider is not liable in any way for any of the following matters, and does not assume any obligation to compensate for any damage therefrom
   1. Any damage incurred by Subscriber or any other third party due to or in connection with any use of the Service (including any damage arising due to a trouble between Subscriber and any other person), or any damage incurred by Subscriber or any other third party as a result of unavailability of the Service (including, but not limited to each damage specifically described hereinafter in this Clause);
   2. Any result of a conduct made by the Service Provider in accordance with a provision of these Terms;
   3. 1) Any failure, malfunction, trouble, blackout, etc., of a system providing the Service or a force majeure event beyond the Service Provider' scope of prediction such as an abnormality in a communication line, or 2) any disappearance or loss of Personal Authentication Information, personal information or other data, etc., concerning Subscriber due to a system failure or any damage arising therefrom;
   4. Any damage incurred by Subscriber or any third party due to a change in, suspension of or cancellation (termination) of a content of the Service (if any);
   5. Damages to the Subscriber or a third party caused by a delay in provision of the Service
2. (Responsibilities of Subscriber)
   Subscriber shall be liable for any of the matters set forth below and the Service Provider is not liable in any way for any of said matters
   1. Any social, mental or physical damage incurred by Subscriber due to Subscriber's deviation from the appropriate use;
   2. Any conduct made on the Service by using Subscriber's own Personal Authentication Information as well as any result thereof (regardless of whether such conduct is made by User or not), and any damage incurred by Subscriber or any third party as a result of another person's use of Subscriber's Personal Authentication Information (regardless of whether or not it is due to Subscriber's intention or negligence);
   3. Any conduct (including the conduct which is done to any third party) made by Subscriber and the User by using the Service as well as any result thereof; or
   4. Any disadvantage incurred by Subscriber due to a deficiency, if any, of a detail of Subscriber's registration information or of a content generated by Subscriber.
3. (Disclaimer of Warranty for the Service)
   The Service is provided to Subscriber on an “as available” basis for the Service Provider at the time of provision of the Service. Subscriber acknowledges and agrees in advance that the Service Provider makes no warranty for the absence of defect in the Service. Accordingly, the Service Provider is not responsible in any way for the completeness, accuracy, applicability, usefulness or otherwise with respect to such as information (including a computer program) Subscriber acquires through Subscriber's use of the Service.
4. （Use of Information Acquired from the Service)
   Any Content of the Service is not intended to solicit investment. Subscriber's use of any information acquired from each Content of the Service shall be at Subscriber's own discretion and responsibility. In particular, in using the Service in connection with any company information, stock or securities information, investment information, etc., please read the terms and conditions of this Clause carefully again. The Service is only a source of information, and no Content, etc., is posted for the purpose of recommending a certain investment. The Service Provider is responsible in any way for the accuracy, usefulness, etc., of any information provided through the Service. In addition, the Service Provider is not responsible in any way for any result of investment made by using (or accessing) or relying on (or depending on) such information, and the Service Provider is not liable in any way for any damage alleged to be incurred due to such information.
5. (Links from the Service)
   A Website for the Service may contain links to other Websites, etc. Any Web page to which Subscriber move is not managed or controlled by the Service Provider. The Service Provider is not responsible for availability of any Website or resource outside the Service. In addition, The Service Provider is not responsible in any way for any content, advertisement, commodity, service, etc., contained in or made available on such a Website or resource. Accordingly, The Service Provider is not liable to compensate for any damage (whether indirect or direct) arising out of or in connection with such content, advertisement, commodity, service, etc.
6. In the case where any conflict arises between Subscriber and the Service Provider or a third party as a result of Subscriber's use of the Service or where Subscriber causes any damage to the Service Provider or a third party, Subscriber shall resolve it at Subscriber's own responsibility and expense.
7. In the case where Subscriber causes any damage to the Service Provider in Subscriber's use of the Service, the Service Provider may claim damages from Subscriber.
8. Notwithstanding the provisions of this Article, in the case where the disclaimer of the Service Provider as provided for in these Terms is not enforceable due to a mandatory statute, final and binding court judgment, etc., or in the case of the Service Provider' willful conduct or gross negligence, the Service Provider are responsible to compensate only for a normal direct damage incurred by Subscriber.

Article 28 (Countermeasures for Breach of These Terms, etc.)

1. If Subscriber breaches or is likely to breach these Terms, or if the Service Provider receives a complaint, claim, etc., from a third party in connection with Subscriber's use of the Service and the Service Provider finds it necessary, the Service Provider may request Subscriber to cooperate with a survey thereof, and Subscriber shall cooperate with such a survey. In addition, the Service Provider may, if Service Provider finds it necessary based on another reason, take against Subscriber, Administrator or User one or more of the measures described below:"
   1. to request them to cease acts that violate or may violate Terms or not to repeat similar acts.
   2. to request them to enter into negotiation with any third parties in order to resolve the complaint, claim, etc., (including ADR);
   3. to remove all or part of the content generated by Subscriber; or
   4. to take any other measures that Service Provider finds necessary.
2. The Service Provider is not obligated to take any of the measures set forth in Clause 1 of this Article. The Service Provider is not liable in any way for any result due to any of such measures.
3. Subscriber, Administrator and User acknowledge and agree that the Service Provider may take such measures set forth in Clause 1 of this Article at the Service Provider' discretion and without any notice.

Article 29 (Governing Law; Jurisdiction)

If the necessity for litigation arises between Subscriber and the Service Provider under or in connection with these Terms, the Tokyo District Court shall have the exclusive jurisdiction as the court of first instance. These Terms are governed by the laws of Japan.

Article 30 (Official Text and Heading)

1. The official text of these Terms shall be in the Japanese language. Although the Service Provider provides this English translation version of these Terms for Subscriber's convenience, if there arises any contradiction or question between the Japanese text and English text, these Terms shall be construed in accordance with the Japanese text.
2. The headings of each Article are inserted for convenience of reference only, and do not affect the construction of these Terms.

Article 31 (No Waiver)

1. No failure or delay of either party to require the performance by the other party of any provision of these Terms shall in any way adversely affect such provision thereafter.
2. No waiver by either party of a breach of any provision of these Terms shall be considered to be a waiver by such party of any succeeding breach of such provision.