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Terms of Use of FGBB ADSL

This "Terms of Use of FGBB ADSL Service" (hereinafter called "Terms") is regulations for using the services such as the Internet connection service that FiberGate.
Inc, (hereinafter called "FiberGate") provides (hereinafter called "Service") and is established for the persons who applied for Service and those whom FiberGate approved (hereinafter called "User").

Article 1 (Modification to Terms)

FiberGate may modify Terms without notice.
In that case, User shall obey the modified Terms.

Article 2 (Notice)

In the case that FiberGate notices User, FiberGate notices information to User by the method that FiberGate judges to be appropriate such as a written document sent by post or posting information on FiberGate's website.

2. Notice mentioned above shall be enforced at the time that FiberGate releases the contents of such notice on the website or the time that FiberGate sends an email and a written document to User.

Article 3 (Scope of Terms)

Regardless of names, notice such as separate provisions and other terms of use that FiberGate provides separately (hereinafter called "Terms of Use") are also regarded as part of Terms.
In the case that differences occur in regulations in Terms and Terms of Use, Terms of Use is adopted in priority to Terms.

Article 4 (Monthly Basic Charge of Service)

The monthly charge for Service is different in each apartment house.

Article 5 (Stop / Halt of Service)

In the follwoing cases, FiberGate have a right to stop or halt Service

In the case of periodic or emergent maintenance or construction of FiberGate's facilities
In the case that a telecommunications corporation other than FiberGate stops providing the telecommunication service and it becomes difficult for FiberGate to provide Service
In the case that it becomes difficult to provide uual Service due to natural disaster, fire, theft and other emergencies
In the case that FiberGate judges that a temporary halt is necessary for the operation of Service

Article 6 (Repair or Restoration of Terminal Equipment)

In the case User finds defects in communication during the use of Service, User shall have a right to charge FiberGate for repair or restoration work upon checking that terminal equipment (terminal equipment installed in each room of User in this case) is not broken.

Article 7 (Prohibited Matter)

For the use of Seivice by User, User shall not perform following actions that FiberGate prohibites.

Actions which violate intellectual properties and other property rights such as a copyright and trademark rights that a third party or FibierGate owns
Slander or defamation to a third party or FiberGate or an action to damage reputation or trust
Fraud or threat to a third party or FiberGate
Actions that cause a disadvantage to a third party or FiberGate
Actions that violate privacy or portrait rights of a third party
Sending large quantities of emails or sending such emails randomly against an intent of receivers
Use of Service in the way that may damage the trust of FiberGate or Service
Actions that violate Public Offices Election Law
Sending or displaying images or sentences that are regarded as immorality, child porno or child abuse
Establishing an endless chain investment scheme (pyramid financing) or actions to solicit for such an action
Sending images or data that are inappropriate for under age persons or sales or distributions of media in which such images or data are recorded and other adult goods
Actions that are illegal or violate public order and morals illegally (violence, prostitution, cruel and sacrilegious actions / words)
Violation of laws and treaties (including exportation laws) or actions that may do so
Actions that exert a serious influence on FiberGate's facilities, a third party's facilities and business of FiberGate or a third party or the Internet connection environment
Other actions that FiberGate judges inappropriate

2. In the case that FiberGate judges that a user is taking above-mentioned actions, FiberGate has a right to take the following measures without noticing or taking other procedures.

Request a user to halt or revise the action concerned or to remove the data concerned and take necessary actions
Move whole or part of such information or data that the user is displaying, transmit or storing so that other Internet users cannot see them or delete them
Halt the use of whole or part of Service by such a user
Take other necessary measures to halt a prohibited action

Article 8 (Compensation for Damage)

In the case that Service is stopped not for the reason caused by FiberGate but by natural disasters and others accidental forces, FiberGate shall take necessary measures for provision of Service immediately after informing User of such a trouble. Furthermore, for damages and lost profits occurred to User by the halt, FiberGate shall not be liable for the damages and lost profits.

2. FiberGate does not manage and guarantee the integrity, accuracy, usability and legality of the information and software that can be accessed by Service and shall not take any responsibilities for them.

3. FiberGate shall not take any responsibilities for the troubles that occur between User and other companies caused by the use of Service by User.

4. User shall agree to protect FiberGate against any loss by claims from any third parties caused by the use of Service or caused accompanied with it so that FiberGate shall not be damaged by such troubles However, above is not applied in the case of a claim caused by intention or gross mistakes of FiberGate.

Article9 (Handling of Private Information)

FiberGate shall not utilize private information of User that FiberGate acquired, related to the provision of Service except for the following cases. Moreover, for handling of such private information, FiberGate employs legal and fair methods.

In the case of collecting and analyzing private information for the purpose of improving Service
In the case of disclosing or providing information collected and analyzed as above to a third party in the way that an individual cannot be specified
In the case that it is necessary to disclose or provide such information for the purpose of investigation / measures at the time of the occurrence of troubles, inconvenience, disturbances on Service

2. For the cases that are not described above, FiberGate employs appropriate and fair measures based on Telecommunications Business Law so as to protect personal confidence in the communication.

Article 10 (Others)

FiberGate are not able to manage information that goes through host computers, the network access center and connection points (hereinafter called "Network"). Moreover, FiberGate does guarantee any of the above information.

2. User is to take responsibilities for the use of the information acquired through Network.

3. User is not allowed to resell or offer Service to a person other than other User.

4. Personal information of User may be disclosed in the case that there is a request from a public organization such as a judicial branch.
Moreover, status of use of User may be used by FiberGate or its contractors or provided to a third party under a condition that such information is processed as statistical information so that the individual cannot be specified.

5. User is to obey agreement, regulations and conditions other than Terms of Use for carriers or communication by other telecommunications corporations.

6. User is to take all responsibilities for troubles caused by a server installation by such User.
Moreover, in the case that FiberGate detects transmission of illegal data, spam mail delivery or the situation that such a server is stepped for spam emails from the server that User established, FiberGate may halt such connections immediately without notice to such User.

7. FiberGate may control communications continuing mass communications exceeding the average use drastically and giving FiberGate or Network of a third party excessive load or limit the band.

8. FiberGate may limit a band allocated to the communication concerned for a communication performed with the communication protocol designated by FiberGate.

Article 11 (Applicable Law)

The approval, effect, interpretation and observance of Terms is based on laws of Japan.

Additional Clause

Terms comes into force from September 1, 2007.

Attention at The Time of Using Service

Please be forewarned that an instrument (ex. router) other than that FiberGate offers is not covered by FiberGate supports.

Furthermore, please be forewarned that even a fixed private IP address cannot be set in such a router in the case that User uses such an instrument.

Attention for ADSL modem

In the case that User loses or breaks the terminal equipment (ADSL modem) that FiberGate rents for free, FiberGate charges 20,100 yen (tax-included) for the cost of the terminal equipment.

About FGBB ADSL Service

1. Service provider: FiberGate. Inc
2. Contact address: FiberGate. Inc Support Center

[ Ph ]: 0120-988-660
[ Office hours ]: Weekday 10:00 to 20:00
[ Web Site ]: https://www.fibergate.biz/inquiry/

3. Service contents for contract:

Name: FGBB ADSL (Broadband service)
This service provides Internet connections with the maximum transmission speed of 100M bps.

This service is so-called a best effort service and the speed may fall depending on the condition of communication equipment, interference with other lines and distance from the switchboard station.