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Terms of Service

NAIST NET Terms of Service

Article 1 Acceptance of Terms of Service

Nara Institute of Science and Technology (“NAIST”) provides members (“Members”) with the NAIST communications system service (the “Service”) under the following terms of service of the NAIST communications system service (the “Terms of Service”).

Article 2 Modification of Terms of Service

NAIST may modify the Terms of Service. Upon modification, NAIST shall promptly notify Members on the NAIST NET website.

Article 3 Definitions

In the Terms of Service, the following terms are defined as follows:

<1> Member Agreement
The agreement for use of the Service between Members and NAIST
<2> Members
Those who have entered into the Member Agreement with NAIST
<3>Member Terminal
Equipment including a PC and a modem that the Member installs to use the Service
<4>Access Points
Access points through which Members access the Service using their Member Terminals and a network, such as a telephone network, of a type 1 telecommunications carrier (licensed subject to Article 9-1, Telecommunications Business Law, being the same hereafter)
<5>Access Time
The duration from the time the Member connects the Member Terminal to an Access Point via a network, such as a telephone network, of a type 1 telecommunications carrier to the time the Member disconnects the Member Terminal from the Access Point
<6>ID and Email Account
Identification numbers of Members and their mail boxes for access to the Service
Article 4 Content of Service, Service Hours, and Rules

(1) NAIST shall notify Members of details of the content of the Service and the rules for use of the Service in a manner that is specified on the NAIST NET website.

(2) The rules for use of the Service shall constitute part of the Terms of Service. If any provision of the rules conflicts with any provision of the Terms of Service, then the provision of the rules shall take priority over the provision of the Terms of Service.

(3) NAIST may change any of the content of the Service when NAIST considers it needs to be changed.

Article 5 How to Apply for the Member Agreement

An application for the Member Agreement shall be made on the website, upon acceptance of the Terms of Service.

Article 6 Completion of the Member Agreement

(1) The Member Agreement shall be completed when NAIST has accepted an application (specified in Article 5).

(2) NAIST shall notify the Member in writing of the completion of the Member Agreement immediately after the Member has created a member account.

(3) NAIST may not accept an application for the Member Agreement in any of the following circumstances:

  1. Where previous termination of the Member Agreement or of Service provision due to abuse of the Service by the applicant was found.
  2. Where acceptance of an application for the Member Agreement may pose a significant, technical or professional problem for NAIST.
Article 7 Notification of Change in Account Information

In the event of a change in the entries on the application form, the Member shall promptly update such information on the website.

Article 8 ID, Email Account, and Password

(1) The Member shall be responsible for maintaining the confidentiality and use of the ID (email account) and password. In no event shall NAIST be liable for any misuse of them by the Member or unauthorized use of them by a third party, except when a leak of the Member’s ID or password due to any reason attributable to NAIST has caused damage for the Member.

(2) If the Member has his/her password stolen, then the Member shall promptly notify NAIST.

Article 9 Expenses

(1) The Member shall pay for the Member Terminal, software, a telephone, and other pieces of equipment necessary for using the Service.

(2) The Member shall pay for communications expenses such as a telephone charge incurred for connection of the Member Terminal to the Access Point for use of the Service.

Article 10 Responsibility for Maintenance of Member Terminal

The Member shall be responsible for maintaining the Member Terminal so that it can be correctly operated for use of the Service.

Article 11 Prohibition of Assignment

The Member shall not assign, transfer, or mortgage the right to use the Service or all or any portion of rights or obligations under the Terms of Service to a third party.

Article 12 Cessation of Service

NAIST may cease to provide the Service when maintenance or construction work is necessary for the Service or when the type 1 telecommunications carrier or other telecommunications carriers, including the municipality, terminates the telecommunications service.

Article 13 Termination of Service or Cancellation of Membership

(1) NAIST may terminate provision of the Service or cancel membership when the Member falls into any of the following circumstances:

  1. Where any entry in the application form for the Member Agreement is proven to be false.
  2. Where the Member has breached any portion of the Terms of Service.
  3. Where the Member’s status of use of the Service is considered inappropriate by NAIST.

(2) When NAIST has disqualified the Member for any reason stated in paragraph 1 of this article, NAIST shall notify the Member in writing of cancellation of membership. However, if the notification cannot be completed in an ordinary manner, the notification shall be deemed to have been completed when it is usually completed.

(3) In addition to paragraph 1 of this article, NAIST may cancel membership if it announces the cancellation at least one month prior to the date of cancellation.

Article 14 Notices to Members

NAIST shall notify Members in advance of any of the following cases and its details by a posting on the website or other means.

  1. Provision of a new service
  2. Change in service hours
  3. Change in conditions of use of the Service other than is set out in the preceding paragraphs
Article 15 Prohibited Actions

The Member shall avoid any of the following actions when using the Service.

  1. Intentional disclosure of the Member’s or other ID or password
  2. Violation of a copyright belonging to NAIST or another party
  3. Slander, libel, or defamation against NAIST or another party
  4. Invasion of the property or privacy of others
  5. Any criminal action or action leading to a crime
  6. Provision of false information
  7. Transmission or upload of a harmful computer program
  8. Sharing offensive information, writing, or images with others using the Service
  9. A breach of the rules pertaining to a domestic or overseas network, when accessing the Service via the network
  10. Commercial use of any academic or research network
  11. Religious or political action
  12. Breach or possible breach of any law of Japan or other nation
  13. Disruption of administration of the Service
Article 16 Deletion of Information Posted by a Member

(1) NAIST may delete any information posted by a Member without notice to the Member if it considers the action to be a prohibited action specified in Article 15, and NAIST shall not be responsible for disclosure of the reason for deletion.

(2) With regard to paragraph 1 of this article, NAIST shall not be responsible for monitoring or deleting information posted by any Member or liable for any damage incurred by any Member or any third party due to not deleting the posted information.

Article 17 Disclaimer

(1) In no event shall NAIST be liable to the Member for damages incurred due to use of the Service, except when such damages have resulted from gross negligence or willful misconduct by NAIST.

(2) In no event shall NAIST be liable for any dispute arising from use of the Service between Members or between the Member and any third party.

(3) NAIST shall not guarantee the accuracy, completeness, or usefulness of any information provided via the Service. NAIST strives to maintain accuracy of Member data held by NAIST within the scope necessary for the purpose of the Service.

(4) NAIST endeavors to maintain reliability of equipment used for the Service. In the event of loss of information by accident or deletion or falsification by a third party, NAIST shall take any reasonable technical action to recover such information, provided that NAIST is only liable for taking such a recovery action for loss, deletion, or falsification of such information.

 

Last updated: April 1, 2006

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