Acceptable Use Policy
1.0 Introduction
GLBB Japan, supplies Services on the terms and conditions in this Terms of Service Document. If you obtain or seek to obtain Services from us, you do so in accordance with these terms and conditions and the other documents which comprise your Agreement with us. This Agreement supersedes all prior agreements that we have with you in accordance with our right to vary that agreement.
2.0 Invoicing
We may invoice you for the Service, plus any applicable Japanese sales tax. We may vary invoice frequency upon giving you reasonable notice. All portions of your use of the Services are charged for and unused allocations are not transferable or refundable. We reserve the right to reissue an invoice if any error in the amount shown owing on the invoice is subsequently discovered. We may issue an interim bill at any time. Billing periods are based upon Calendar months unless otherwise outlined in a service agreement. We will refund or credit any overpayment due to a variation in the Fees or cancellation of a Service. If we have undercharged you, you will be liable for any underpayment.
2.1 Calculation of Fees
Fees will be calculated by reference to data recorded or logged by us. Records held by GLBB Japan will be conclusive evidence of the Usage of your Service and charges payable by you. Data is calculated, monthly, in accordance with your Conditions of Service.
2.2 Time for Payment
All Fees must be paid in full by the Due Date.
2.3 Methods of Payment
Payments for service must be made in person in our sales locations provided on http:/www.glbb.jp or by Credit Card/Debit Card/Paypal/ and local accepted bill pay services. We reserve the right to charge you for any fees that we incur from or must pay to your bank. When making payment by credit card, you will be charged a credit card surcharge as set out in our Schedule of Fees and Charges. If there is any payment discrepancy or disagreement about bank charges applied, you should contact us before your bank and we will try to resolve the issue. If you contact your bank and we incur a bank fee as a result, we reserve the right to pass this fee on to you.
2.4 Late Payment Fee
If any amount remains unpaid after the Due Date you will be liable to pay a late payment fee as set out in the Schedule of Fees and Charges which shall be added to your next invoice.
3.0 Usage Policies
3.1 You as an Account Holder agree to comply with all applicable laws and regulations in connection with their use of this service. Account Holder further agrees that they or anyone us ing their account will not engage in any of the following activities:
3.2 - Sending or transmitting unsolicited advertisements or content ("spam") over the Service, whether via e-mail, usenet, or any other communication channel.
3.3 - Sending or transmitting any illegal content over the Service, whether via e-mail, Usenet, or any other communication channel including without limitation child pornography.
3.4 - Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner.
3.5 - Engaging in any conduct that restricts or inhibits any other Account Holder from using or enjoying the Service.
3.6 - Attempting to access, probe, or connect to computing devices without proper authorization.
3.7 - Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law.
3.8 - Using the Service for anything other than lawful purposes.
3.9 Violations of this Usage Policy will result in termination of your Account, without any refund of amounts previously paid for this service. Additionally, Account Holder will be held responsible for any and all damages incurred by GLBB Japan including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs.
4.0 Content Disclaimer: Cautions and Restrictions
We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
5.0 Service Availability
Actual service coverage, speeds, locations and quality may vary. GLBB Japan will attempt to make the Service available at all times except for limited periods for maintenance and repair. However, the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
6.0 Account Policies
Account Holder is responsible for maintaining the confidentiality of his/her security credentials, and/or passwords (if any) and is liable for any harm resulting from disclosing or allowing disclosure of any password or sharing of security credentials. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the Service until Account Holder notifies GLBB Japan. Concurrent or simultaneous logins, unless part of a GLBB Japan promotional offer, from the same account are prohibited.
7.0 GLBB Japan Rights
7.1 GLBB Japan does not and will not actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of any customer's Internet activities. However, GLBB Japan reserves the right to investigate matters we consider to be illegal or violations of these Terms and Conditions. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to e-mails) that we consider to be actual or potential violations of the restrictions set forth in these T&C's, and any other activities that may subject GLBB Japan, or its customers, to liability. GLBB Japan disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
7.2 GLBB Japan will never intentionally disclose any private electronic communication or personal customer information unless required to by law enforcement personnel or licensed law firms operating with a legal entity in Japan that have produced the proper legal compliance paperwork in accordance to disclosure procedures of the Provider Liability Limitation Act.
7.3 GLBB Japan reserves the right to terminate an account immediately for violating any part of this agreement.
8.0 Limitation of Liability and Disclaimer of Warranty
8.1 ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ACCOUNT HOLDER'S SOLE RISK. NEITHER GLBB JAPAN , ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE. NEITHER GLBB JAPAN NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED.THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
8.2 NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF GLBB JAPAN , OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE AMOUNT PAID BY ACCOUNT HOLDER TO GLBB JAPAN IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.