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MarineNet Use Agreement This agreement specifies your rights and duties in using all the services (hereinafter referred to as "the Service") provided through an ID and a password on the Website www.marine-net.com (its site owner is hereinafter referred to as "MarineNet") operated by MarineNet Company Limited (Head Office: Masumoto bld.2F. 1-7-6 Toranomon, Minato-ku, Tokyo) (hereinafter referred to as "our Company"). By clicking the
button on the page displaying this agreement for MarineNet new member registration, or by sending our Company an application form by fax or email, you are agreeing to all the terms and conditions of this agreement. Article 1 (Scope and Change of This Agreement) 1. This agreement is applied to a user of the Service. It is likewise applied to a user of an optional KP Data service as well. By clicking the
button on the page showing this agreement for MarineNet new member registration, or by sending our company by fax or by email an application form, it is construed that you have agreed to the contents of this agreement. The application procedure for the use of MarineNet will be as per the provisions in Article 3. Article 2 (Method of Notification and Consent) 1. The notice to a user from our company shall be given by email, or by a method considered appropriate by our company, unless stipulated otherwise in this agreement. 2. When the notice in the preceding clause is given by email, sending an email to the address, registered by a user as per Article 3 or changed later by a user as per Clause 3 in Article 6, will be considered that a notification has been completed. 3. When a user is notified by any of the above-mentioned methods, it will be construed that a user has agreed to the contents of this notice. Article 3 (Application for Use of MarineNet) 1. An applicant to use MarineNet will need to make an application (hereinafter referred to as "Use Application") by inputting information as required by the procedure on MarineNet in accordance with "MarineNet Use Agreement". 2. When applying for use of MarineNet, an applicant shall agree to the following items in particular as well as agreeing to other articles and clauses in this agreement. (1) Provision of all updated and accurate information about a user at the time of registration (2) Keeping registered information always updated, complete and accurate in accordance with this agreement 3. Even if an applicant suffers from any disadvantage due to any incompleteness in the registered contents in the preceding clause, will not take any responsibility for it. Article 4 (Acceptance of MarineNet Use Application) 1. Upon receiving a use application from an applicant, our company will examine its application. Once the application is accepted, our company will issue a MarineNet ID and password, which will be forwarded to the fax number or email address registered with the application in accordance with Article 3. Upon the issuance of this notification, the applicant obtains the qualification as a user in accordance with this agreement, and can use the Service in accordance with this agreement. 2. Our company reserves a right not to accept the application when the applicant falls into any of the following cases: (1) An applicant's use qualification was lost in the past due to the violation etc. of the use agreements of the services provided by our company (2) Any falsehood, error or omission found in the application (3) Any other case where our company judges it inappropriate for the applicant to become a user 3. Where it has been found, that the applicant falls into any cases in the preceding clause, even after the acceptance of the application, our company reserves a right to cancel the application and erase the MarineNet ID and password already issued, by giving a notice to the applicant. 4. A user is required to prepare communication equipment and software to use the Service at own responsibility and expense. Also, a user is required to use the Service through his discretionary communication service at own expense and responsibility. Article 5 (Duty to Manage MarineNet ID and Password) 1. A user shall take whole responsibility to use and manage the MarineNet ID and password after making a use application. 2. A user shall not, let a third party use the MarineNet ID and password, or shall not lend or transfer it to a third party, or change its ownership, or trade, etc. 3. MarineNet does not allow logging-in of an ID from multiple terminals simultaneously. A user shall understand and accept this system operation of MarineNet when making an application. However, this does not necessarily apply to the user to whom our company has agreed to give multiple IDs and passwords, or for whom the system is changed to accept the logging-in from multiple terminals, as an exceptional case. 4. A user shall take responsibility for any damage due to the lack of sufficient management of MarineNet ID and password, or due to an oversight in usage, or due to unauthorized use by a third party. And our company will take no responsibility for the same. 5. When the marine network ID and password are stolen, or a user has found the use of the same by a third party, a user shall notify our company immediately and follow the instructions from our company. 6. Our company will not take any responsibility for any damage a user has incurred due to the unauthorized use by a third party, whether it was willful or negligent by the user. A user shall notify our company immediately, in case the password is forgotten, and follow the instructions from our company. 7. Where a user has caused a third party any damage due to or relating to the use of the Service, the user shall settle it at own responsibility and expense and shall not trouble or cause any damage to our company. Article 6 (Use and Change of Registered Information) 1. Our company will be entitled to use the information (log data etc.) registered with our company, or information obtained during the process for a user using the Service, for the purpose of the provision of the Service. 2. Notwithstanding the provisions in the preceding clause, our company will not disclose the user information mentioned in the preceding clause to a third party, with the exception of the following cases: (1) The collected personal information being disclosed (group of information with no individual personal identification) as statistical data, in order for our company to grasp the trend usage of the Service (2) Where disclosure of information is required by law or demanded by a government organization 3. A user shall notify our company immediately of any change in the registered information at application. 4. A user shall understand and accept in advance without objection that, when the advice need in the preceding clause is neglected by the user, our company is construed to have delivered our notification at the time it should have, even if the notification by our company is not received. Article 7 (Prohibited Matters) A user shall not perform the following acts in using the Service. (1) Infringement of or possibility of infringement of the copyright or other rights of any other users, third parties (including contents providers; same hereunder in this Article) and our company, including but not limited to transfer to other databases or networks, whether internets or intranets, and display of a part of or whole contents of MarineNet) (2) Acts which infringe and acts which may infringe property or privacy of other users, third parties or our company (3) In addition to those in (1) and (2) above, acts which give disadvantage or damage to, or acts which may give disadvantage or damage, to other users, third parties, or our company (4) Acts which slander or defame other users, third parties, or our company (5) Acts which are contrary to public order and standards of decency, or acts to provide, to other users or third parties, information which is contrary to public order and standards of decency (6) Criminal acts, or acts which will lead to or which are feared to lead to crimes (7) Unauthorized use of MarineNet ID and password (8) Acts which provide, or which use harmful programs, such as computer viruses, through the Service, or relating to the Service Article 8 (Interruption and Cancellation of User Qualification) 1. When a user falls into any of the following cases, our company may interrupt or cancel the user qualification for future use, without any advance notice: (1) When it becomes clear that a false declaration was made in the use application (2) When any prohibited act as per Article 7 has been conducted (3) When the operation of the information use service has been disrupted, regardless of its means (4) When there has been a long delay in the payment of its service fee (5) Any other case where there has been a breach of this agreement (6) Any other case where our company judges the user inappropriate 2. Our company will not be held responsible for any damage which the user may incur due to the action taken by our company as per the preceding clause. Article 9 (Indemnity) A user shall be responsible for any damage incurred by third parties including our company and contents providers as a result by the user of the breach of this agreement or the law, and shall exempt third parties including our company and contents providers from liabilities. Article 10 (Loss of Qualification) When a user wishes to terminate the use of the Service, a user shall give advice to our company by the method stipulated. Upon the issuance of the termination notice by our company, a user shall lose the qualification as a user in accordance with this agreement. On this occasion, however, this agreement shall apply to the Service the user has used till the loss of the qualification. Article 11 (Change of Service Conditions and Contents, Stoppage and Interruption) 1. Our company monitors the usage of the Service in connection with the operation of the Service and reserves a right to restrict access to the Service as necessary at its own discretion. 2. Our company will be able to stop and interrupt the operation of the Service in case of the following cases: (1) In case of periodic or emergent maintenance of the Service (2) Where it becomes impossible to continue to provide the Service as usual in case of a war, a riot, an industrial dispute, an earthquake, an eruption, a flood, a tsunami, a fire, a power failure or any other emergency (3) Any other case where our company considers it necessary to have a temporary interruption for the operation of the Service 3. Our company will notify a user in advance of the stoppage and interruption of the Service as per the preceding clause. However, this is not necessarily the case when such stoppage and interruption is unavoidable due to urgency. 4. Our company will take no responsibility for any damage, regardless of its reason whatsoever, which a user or third parties may incur as a result of the restriction or the stoppage and interruption of the Service. Article 12 (Change of Use Agreement) Our company reserves a right to change this agreement, without obtaining consent of a user. In this case, the use conditions of this Service shall be pursuant to the most recent agreement after a change. Where a user continues to use the Service after the change of the use agreement displayed at the site, it will be construed that a user has accepted the contents of the change. The change of this agreement shall become effective from the date when the change is displayed on the site page showing this agreement for MarineNet new member registration, unless specified otherwise by our company. Article 13 (Attribution of Rights) 1. All rights relating to programs, software, services, procedures, trade marks and names which constitute the Service and relating to services provided by contents providers and accompanying technologies thereof, belong to our company or contents providers. A user therefore shall not make any infringement of these rights. 2. A user shall not use, in any means, any information or files provided through the Service, for any purposes other than for a private use under the copyright law. However, this is not necessarily the case if permission is obtained beforehand from the holders of the rights. 3. A user shall not let any third parties use or exhibit, in any means, any information or files provided through the Service. However, this is not necessarily the case if permission is obtained beforehand from the holders of the rights. 4. In case of a dispute as a result of the breach of the provisions of this Article, a user shall settle such dispute at his own expense and responsibility, and shall exempt our company on any occasion and shall not give any damage to our company. Article 14 (Disclaimer) Our company will take no responsibility for the damage incurred by a user or third parties due to the delay, change, interruption, stoppage, suspension and discontinuation of the Service, or due to the leakage or loss of the information registered or provided through the Service, or due to any other factors relating to the Service, unless stipulated otherwise. Article 15 (General) 1. In case of a dispute arising between a user and our company relating to the Service, both parties shall talk with each other with sincerity. 2. In case of a failure to reach a settlement after the talks as per the preceding clause, it shall be left to the exclusive exercise of the jurisdiction at the Tokyo District Court for the first trial. [Instituted on May 7, 2007]
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