Shinkenchiku.DATA / Terms of Use (for Individuals)
Formulated:September 30,2024
Formulated:July 25,2025
Article 1 (Scope and Changes)
- These Shinkenchiku Data Terms of Use (for Individuals) (hereinafter referred to as "these Terms," including the appendix) set forth the rights and obligations between Shinkenchiku Data Inc. (hereinafter referred to as "the Company") and the user (hereinafter referred to as "the User") regarding the use of "Shinkenchiku Data" (hereinafter referred to as "the Service"), a service operated and provided by the Company. These Terms shall apply to all actions taken by the User in connection with the use of the Service, and the User may use the Service only upon agreeing to these Terms.
- Each agreement or precaution presented by the Company to the User(s) in the Services shall constitute a part of these Terms.
- If it is necessary to modify these Terms, the Company may modify the content of these Terms with the consent of the User(s). However, if the modification of these Terms conforms to the general interests of the User(s), or if such modification is not contrary to the purpose of these Terms, and the necessity and reasonableness of the modified content are recognized, the Company may modify these Terms by notifying the User(s) of the modified content and the effective date of the modification at least two (2) weeks before the modification.
Article 2 (Effectuation of Contract and Prohibition of Assignment)
- The use of the Services may be commenced when the User enters into a usage contract containing these Terms by following the procedures set forth by the Company. The usage contract shall come into effect when the User uses the Services.
- The User shall not assign its rights under the usage contract to a third party.
Article 3 (Acquisition of ShinkenchikuID)
- The User shall acquire a "ShinkenchikuID" account (hereinafter referred to as "Shinkenchiku ID") in order to use the Service. When acquiring the Shinkenchiku ID, the User shall register using their real name and must not register using any name other than their real name.
- Some of the Services are available by obtaining a “Shinkenchiku ID” account. The User shall obtain an account upon consenting to the Shinkenchiku ID Terms of Use, in addition to these Terms. In the event of any discrepancy between these Terms and the ShinkenchikuID Terms of Use, the provisions of the ShinkenchikuID Terms of Use shall prevail solely with respect to matters concerning the acquisition, use, and management of the ShinkenchikuID.
Article 4 (Usage Fees and Equipment Expenses)
- Only the User who has acquired a Shinkenchiku ID account in accordance with Paragraph 1 of the preceding article shall be able to use the Service with said account. The Company and the User confirm that the use of the Service by multiple individuals through a single Shinkenchiku ID account constitutes a material breach of the Usage Agreement.
- The User may use all of the Services by paying usage fees to the Company (hereinafter referred to as "Paid Services"). The usage fees for the Services shall be as shown in the attached table.
- The User shall pay the usage fees stipulated in the preceding paragraph by the method designated by the Company.
- The Company may change the usage fees without obtaining the prior consent of Users by notifying Users at least thirty (30) days before such change, and will notify Users of such change by a method separately designated by the Company. If the User cannot accept such change, the User may cancel the usage contract in accordance with the provisions of Article 11. In this case, the usage fees before such change shall apply until the cancellation.
- When the Company has notified the User of a change in the usage fees as specified in the preceding paragraph, and if the User has not canceled the usage contract by the day before the date of the change, the User shall pay the changed fees to the Company from the date of the change.
- The User shall bear all costs related to the equipment (including software), Internet connection, etc., and any other costs required by the User to use the Services.
Article 5 (Suspension and Termination of Services)
- The Company may suspend the provision of the Services for a certain period of time due to maintenance of the Services, or force majeure such as a power outage or natural disaster, or other reasons without prior notice to or the consent of the User(s).
- The Company may terminate the Services without the prior consent of the User(s). In this case, however, the Company will notify the User(s) at least three (3) months before such termination.
- The Company will not be liable for any damage incurred by the User(s) as a result of Paragraph 1 or 2 and will not make any reduction or refund of the usage fees.
- In the case of Paragraph 2, after the termination of the Services, the Company will refund to the User who has paid the usage fees for annual payment the amount obtained by multiplying the remaining number of months in the contract period by the amount equivalent to the monthly fees for annual payment. However, no refund will be provided for a remaining contract period of less than one (1) month
Article 6 (Prohibited Acts)
- When using the Service, the User shall not engage in the following acts. Regarding the Unauthorized Use stipulated in item a below , the provisions of the appendix shall apply in precedence to the provisions of Articles 1 through 17 of these Terms.
- The act of multiple individuals using the Service with a single Shinkenchiku ID account (hereinafter referred to as "Unauthorized Use").
- Any act of using the Services for a wrongful purpose. (such use includes the User's allowing a third party to use the Services, whether free of charge or for a fee and regardless of the nature of the method thereof)
- Any act of using data provided through the Services, such as photographs, articles, drawings, etc., beyond the scope of personal use
- Any act of using data such as photographs, articles, and drawings of the Services for commercial purposes
- Any act of altering, falsifying, or analyzing information made available through the Services.
- Any act of transmitting or writing harmful programs such as viruses, or any other similar methods, or any act of placing them in a condition where they can be received.
- Any act that infringes or may infringe the copyright or other intellectual property rights of the Company or a third party.
- Any act that libels or slanders the Company or any third party, or any act that is detrimental to the reputation of the Company or a third party.
- Any act that infringes or may infringe the property or privacy of the Company or a third party.
- Any act of divulging technical secrets relating to the Services.
- Any act such as reverse engineering, disassembly, decompiling, etc.
- Any act of accessing or obtaining information by scraping, crawling (programs such as crawlers, robots, or spiders), and other similar means.
- Any act involving the usage of data as training data for AI
- Any other acts deemed inappropriate by the Company.
- If the Company determines that the User has committed a violation of the preceding paragraph, the Company may suspend the provision of the Service without obtaining the User's prior consent. The Company shall bear no liability whatsoever for any damages incurred by the User as a result of such suspension.
Article 7 (Rules for Public Functions, etc.)
- The User(s) shall use the publish function in the Services (defined as a function of the Services that allows other users designated by the User(s) themselves to view information designated by the User(s)) on their own responsibility.
- In addition to the acts prohibited in Article 6, Paragraph 1, the User(s) shall not use any of the following expressions or engage in any of the following acts (hereinafter referred to as "Expressions, etc.") when using the Services. The Company will not be liable for any damage incurred by the User or any third party as a result of such Expressions, etc.
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Those related to safety.
- Expressions, etc. that violate or may violate laws and regulations, etc.
- Expressions, etc. that violate or may violate various laws and regulations of Japan.
- Expressions, etc. that are or may be contrary to public order and morals, etc.
- Expressions, etc. that may cause discomfort or harm to the public.
- Expressions, etc. that may disturb public morals or induce crime.
- Expressions, etc. related to violence, gambling, drugs and prostitution.
- Repulsive, cruel, bizarre, or offensive Expressions, etc.
- Expressions, etc. relating to sex, etc.
- Expressions, etc. that evoke suicide or self-injurious behavior.
- Expressions, etc., intended to induce or express a desire for an encounter with the opposite sex.
- Expressions, etc. that may infringe on human rights, discriminate,or defame.
- Expressions, etc. that promote violence against others or threaten or harass others on the basis of race, ethnicity, place of origin, social status, sexual orientation, gender, gender identity, religious belief, age, disability, or serious illness.
- Expressions, etc. that libel, slander, or ostracize any person.
- All Expressions, etc. relating to hate speech, etc.
- Unfounded or misleading Expressions, etc.
- Expressions, etc. that significantly demean or may significantly demean the reputation of the building's owner, users, or any related persons.
- Expressions, etc. that significantly demean or may demean the reputation of the building or its tenants.
- Expressions, etc. that mislead or may mislead a third party.
- Expressions, etc. that violate or may violate laws and regulations, etc.
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Expressions, etc. concerning privacy.
- Any act of disclosing or posting (hereinafter referred to as "Disclosure, etc.") personal information or building information not included in the content provided through the Services.
- Any Disclosure, etc. of personal information such as addresses, telephone numbers, and email addresses, in addition to the names of the owner, users, and related persons of the building.
- Any Disclosure, etc. of building information of the building, including a name that is different from the one listed in the content or not listed in the content (even an official name is prohibited as it may lead to the identification of the location), address, telephone numbers, contact information, or tenant information.
- Any act of threatening to disclose personal information or encouraging others to do so.
- An act that may cause inconvenience to the owner, users, and related persons of the building.
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Expressions, etc. regarding reliability, etc.
- Any act of misleading others, such as impersonation.
- To impersonate any other individual, or a group or organization to which one does not belong, in such a way as to cause a misunderstanding, embarrassment, or deceive others.
- Any act of making Disclosure, etc. using an account not registered under the User's real name.
- Any act of making Disclosure, etc. of information under nicknames, bynames, accounts without an account name, or other accounts that the Company determines are not under the User's real name.
- Any act of misleading others, such as impersonation.
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Other Expressions, etc. that are similar to those prohibited in the preceding items and for which a third party has reported to the Company that Disclosure, etc. is inappropriate, and the Company has reasonably determined that the content of the report is appropriate.
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- The Company may, without the need for any prior notice to the User, suspend the disclosure of Expressions, etc., in the Services that the Company determines fall under any of the preceding paragraphs. The Company will not be liable for any damage incurred by the User as a result of such suspension.
- The Company shall have no obligation to the User to re-disclose any Expressions, etc. whose disclosure has been suspended under the preceding paragraph.
Article 8 (Inquiries, Suspension of Use, and Termination of Contracts for the Services)
- If the Company reasonably believes that the User may have engaged in any of the following acts (the frequency of logins to the Services exceeds the number of logins that would normally be expected; the number of devices used to access the Service exceeds the number of devices that would normally be expected; or if the Company detects any other abnormality with regards to the use of the Services) the Company may inquire with the User about such possibilities. In such cases, the User shall promptly and sincerely respond to the inquiries.
- When the User has engaged in any of the prohibited acts set forth in Article 6, Paragraph 1 or Article 7, Paragraph 2.
- When there is any false information in the application at the time of application.
- When the User interferes with the provision of the Services.
- In the event the User(s) falls under the category of antisocial forces such as organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, racketeer groups, groups engaging in criminal activities under the pretext of conducting social or political campaigns, or criminal groups specializing in intellectual crimes; or in the event the User(s) has a close relationship with such antisocial forces.
- In the event that the User(s), either acting themselves or via a third party, spreads false rumors or uses deception or force to damage the reputation of the Company or obstruct its business operations; makes unreasonable demands beyond the scope of legal responsibility; uses threatening language or behavior; or uses violence or makes violent demands.
- When there are any other acts in violation of these Terms or acts that are extremely contrary to the intent of these Terms.
- If the Company reasonably determines that the User has engaged in an act that falls under any of the items of the preceding paragraph, or if the payment of the usage fees has been delayed, the Company may suspend the use of the Services or terminate the usage contract after or without hearing the User's opinion as set forth in Paragraph 1.
Article 9 (Penalty)
If the User has engaged in any of the acts stipulated in the items of Article 8, Paragraph 1, the User shall, depending on the nature of the act, pay to the Company a penalty up to the maximum amount calculated according to the formula set forth in Article 5 of the appendix. The penalty shall be reasonably set by the Company within the scope of the first sentence of this Article, in accordance with the details of the User's act, and the User shall pay such penalty in accordance with the demand and payment method designated by the Company. If the Company has incurred any damage (including a reasonable amount of attorney's fees) in excess of the amount of the penalty, the Company may demand further damages from the User.
Article 10 (Usage Period, Automatic Renewal of the Agreement)
- The paid Service has two types of subscription plans: "Student Price" and "Individual Price." The plan available to the User shall be determined based on the User's attributes and other factors.
- A student enrolled in a school designated by the Company who is eligible to use the Student Price and whose email address is issued by such school (hereinafter referred to as the "Eligible Email") The Student Price is available only to students who are enrolled in a school designated by the Company , possess a student ID card (hereinafter referred to as the "Student ID Card") issued by the school, and present the student ID card showing such enrollment in the manner prescribed by the Company. The availability of such use shall be finally determined at the reasonable discretion of the Company .
- Prospective the User who possesses an email address with access to Individual Price and are able to pay by a payment method determined by the Company.
- The effective term of the Usage Agreement (hereinafter referred to as the "Usage Period") shall be one (1) month from the start date of use for "Monthly Payment" plans, and one (1) year from the start date of use for "Annual Payment" plans. The User may choose either the "Monthly Payment" or "Annual Payment" method. The paid Service adopts a subscription model, and its conditions are as set forth in the following items a through d.
- Student Price "Monthly Payment" Automatic Renewal with Conditions
- The User's subscription to the Paid Services shall commence upon processing the first payment. The subscription will automatically renew each month without notice as long as the Eligible Email is registered and the Student ID is presented in a manner determined by the Company, or unless terminated by the Company. The User authorizes the Company to store the User 's payment method and to automatically bill Paygate each month in the manner determined by the Company, unless canceled by the User. A shall automatically charge the then-current plan fee at the time of monthly renewal until terminated by the Company.
- At any time, the Company may check to see if the User meets the requirements of the Student Price. If the Company determines that the User does not meet the conditions, the Company may suspend the User's new “Shinkenchiku ID” account. Even in this case, the User cannot be exempted from paying the fee. The final decision as to whether or not the User meets the conditions of the Student Price shall be made at the reasonable discretion of the Company.
- The User may change the registered email address even while the Student Price is under contract. If the email is changed, the Student Price will continue to be available until the time of renewal. The same shall apply in the event of graduation or withdrawal. However, renewal at the Student Price will not be granted unless you register with a valid target email and present your student ID.
- Student Price "Annual One-time Payment" Automatic Renewal with Conditions
- Subscription to the Paid Services by the User shall commence upon processing of the first payment. The Company will be billed a one-time fee for the annual subscription as presented in the Schedule in Article 4. Subscription will automatically renew each year without notice as long as the subject email is registered and this Student ID is presented in a manner determined by the Company, or unless terminated by the Company. The User is authorized to store the User's method of payment and to automatically bill the Company in the manner determined by the Company each year unless canceled by the User. The Company shall automatically charge the fee for the then current plan at the time of renewal each year until terminated by the User. Other conditions in item a-ii and item a-iii above shall apply mutatis mutandis.
- Individual Price "Monthly Payment" Automatic Renewal
- The User's subscription to the Paid Services shall commence upon processing the first payment. Subscription will automatically renew each month without notice unless canceled by the User. The User authorizes the Company to store the User's payment method and to automatically bill the User for its monthly usage fees in a manner determined by the User, unless the User cancels the contract. The Company shall automatically charge the then-current plan fee at the time of monthly renewal until terminated by the User.
- Individual Price "Annual One-time Payment" Automatic Renewal
- Subscription to the Paid Services by the User shall commence upon processing of the first payment. The User will be billed a one-time fee for the annual subscription as presented in the Schedule in Article 4. Subscription will automatically renew each year without notice unless terminated by the User. The User authorizes the Company to save its method of payment and to automatically bill the Users each year in the manner determined by the Company unless canceled by the User. The Company shall automatically charge the then-current plan fee at the time of renewal each year until terminated by the User.
- Student Price "Monthly Payment" Automatic Renewal with Conditions
Article 11 (Cancellation of Contract and Amount to be Refunded)
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If the User wishes to cancel the Usage Agreement for the paid Service, the User may cancel the Usage Agreement at any time by canceling the subscription from their My Page on the Service, or by deleting their Shinkenchiku ID and withdrawing from its account service.
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The cancellation in the preceding paragraph shall become effective on the last day of the Usage Period, and usage fees up to said last day will not be reduced or refunded in any way, except as explicitly stipulated in these Terms.
- Example 1) “Monthly Payment”
① If the usage start date is April 10 → the last day of the usage period is the 9th of each month
② If the usage start date is April 1 → the last day of the usage period is the last day of each month - Example 2) “Annual Payment” If the usage start date is April 1 → the last day of the usage period is March 31 of the following year.
- Example 1) “Monthly Payment”
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If the User chooses an annual payment and cancels within fourteen (14) days from the date the first payment is processed, the Company shall refund the usage fee to the User after deducting one month's fee at the Monthly Payment rate corresponding to the User's plan and a handling fee determined by the Company.In this case, the User may use the Paid Services from the usage start date until the last day of the usage period determined in accordance with the preceding paragraph for the case of "Monthly Payment".
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If the User chooses annual payment and cancels after fourteen (14) days from the date the first payment is processed, the usage fee will not be refunded to the User. In this case, the User may use the Paid Services from the usage start date until the last day of the usage period determined in accordance with the preceding paragraph for the case of "Annual Payment".
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Notwithstanding the provisions of the latter half of Paragraph 3 and the latter half of Paragraph 4, if the User cancels the Usage Agreement by deleting their Shinkenchiku ID and withdrawing from its account service, the User shall no longer be able to use the paid Service at the time of said cancellation.
Article 12 (Ownership and Scope of Use of Content)
- The use of the content provided through the Services is prescribed as follows.
- All intellectual property rights related to text, images, video, illustrations, data, and other content posted on the Services shall belong to the Company, Shinkenchiku-Sha Co., Ltd., or other third parties.
- The content provided through the Services is posted for the purpose of use by the User(s) within the scope of the Copyright Act. Although the User(s) may use the content within the scope permitted by the Copyright Act, such as quotation, etc., the User(s) may not make the content available to an unspecified number of people, reproduce, transfer, lend, or publicly transmit, etc. the content, or conduct any other acts that exceed the scope permitted by the Copyright Act, such as the acts specified in the following items.
- Distributing or transferring a data file (hereinafter referred to as "Data File") containing the content to third parties.
- Storing Data Files on a server on the Internet.
- In addition to the preceding items, using the content in a manner that violates the Copyright Act or other laws and regulations.
- If the User wishes to reprint or make commercial use of the content beyond the scope of use under laws and regulations, such as reprinting the content in books, on the Internet, in advertisements, promotional brochures, seminars/training sessions, intranet, etc., the User must obtain permission from the Company individually, and basically there will be a charge. If the User wishes to obtain such permission, the User shall contact the Copyright Office of the Company. The reproduction or commercial use of content without the permission of the Company constitutes a violation of the Copyright Act. The User acknowledges in advance that the Company may, at its sole discretion, refuse to grant such permission.
- If the User uses the content within the scope permitted by Item 2 or Item 3, the User shall clearly indicate the source or the reference of the content as "Source: "Shinkenchiku", No. 0000, page 000. If the content reproduced, etc. by the User includes any credit notation, such as the name of a corporation, government agency, or author other than the Company or Shinkenchiku-Sha Co., Ltd., the User shall be sure to include such credit notation as well.
- The User acknowledges that the Company may, from time to time and at its sole discretion, change the content and Data Files made available through the Services. The Company will not be liable for any damage caused to the User as a result of such change.
Article 13 (Exemption from Liability)
- With respect to the Service and content, data files, and other information provided through the Services, the Company makes no warranty, whether express or implied, in respect of defects, functionality, performance, accuracy, scientific validity, completeness, reliability (including that the service will operate without malfunction), non-infringement of third party rights, or any other matter, and shall not be liable to the User(s) concerning such matters.
- The User(s) shall use the content, Data Files, and other information provided through the Services at their own discretion and responsibility.
- The User(s) shall replace all characters that do not exist in the JIS code in the text display of the Services with specific symbols. The Company will take the utmost care in processing, but will not be liable for any writing errors, omissions, etc., due to errors, etc. during processing.
Article 14 (Damages)
- If the usage contract falls under the category of a consumer contract as stipulated in the Consumer Contract Act, the provisions of the usage contract that completely exempt the Company from its liability for damages shall not apply.
- In the case of the preceding paragraph, if the damage incurred by the User is due to the Company's default or tort, the Company will be liable for damages up to the amount of damage directly and actually suffered by the User, notwithstanding any other provision of these Terms. However, this shall be limited to cases in which the Company is intentionally or grossly negligent.
- The extent of the Company's liability to the User shall be limited to the extent of the Company's liability to the User for compensation or indemnification under this Article, and the Company will not be liable for any damage arising from reasons not attributable to the Company, any damage arising from special circumstances, whether foreseen by the Company or not, lost profits, any damage arising from loss or damage to data due to reasons not attributable to the Company, or any damage arising from a dispute between the User and a third party concerning the Services.
Article 15 (Agreed Jurisdiction)
The Tokyo District Court shall be the court of exclusive jurisdiction in the first instance with respect to disputes between the Company and the User concerning these Terms.
Article 16 (Governing Law)
These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law rules.
Article 17 (Other)
- The Company and the User(s) acknowledge that the Services extract and distribute information from magazines and books published by Shinkenchiku-Sha Co., Ltd., Inc. or A+U Publishing Co., Ltd. and that the accuracy, etc. of the information may differ from the original magazine or book due to issues of style, etc. and that the User(s) must always check the magazine and book pages before use if accuracy is required for the information.
- The Company may transfer or assign to a third party its status, rights or obligations under the usage contract pertaining to these Terms. By executing the usage contract, the User shall approve such transfer or assignment in advance.
- Personal information (meaning the personal information defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) obtained by the Company in connection with the Services shall be handled in accordance with the provisions of the Privacy Policy separately stipulated by the Company.
- The Company may use by itself, jointly use with a third party, or cause a third party to use by itself, the User's browsing records, such as the number of views of a particular article by the User and any and all information obtained by the Company through the use of the Services by the User (excluding personal information), for the purpose of improving or enhancing the functions of the Services, developing, providing, or improving new services, or improving the content of the magazines from which the content is provided.
End
Appendix: Special Provisions Regarding Unauthorized Use
Article 1 (Scope of Application)
- This appendix to the Shinkenchiku Data Terms of Use (for Individuals), "Special Provisions Regarding Unauthorized Use" (hereinafter referred to as "these Special Provisions"), stipulates the handling of Unauthorized Use (as defined in Article 6, Paragraph 1, item 1). These Special Provisions shall apply in precedence to the provisions of Articles 1 through 17 of these Terms.
- Regardless of when these Terms are revised, these Special Provisions shall apply retroactively to each User from the time each User entered into the Usage Agreement with the Company.
Article 2 (Consent to the Company's Collection of Information)
For the purpose of detecting Unauthorized Use and for other related purposes, the Company may collect source IP addresses, user agents, the UUID assigned to the User by Amazon Cognito, and other authentication information related to the User, and the User consents to such collection.
Article 3 (Presumption of Unauthorized Use)
- Unauthorized Use by the User shall be presumed to have occurred in any of the following cases:
- When 20 or more browsers are detected for a single Shinkenchiku ID account within any consecutive 30-day period. "Number of browsers" refers to the number of browsers used to access the Service, as measured based on the User's authentication information.
- When 19 or fewer browsers are detected for a single Shinkenchiku ID account within any consecutive 30-day period, but the Company reasonably determines that Unauthorized Use of said account is suspected based on the history of the number of browsers for that account, the average number of browsers detected for other accounts during the same period, the content of the email address registered for the Shinkenchiku ID suggesting use by multiple persons, or other circumstances.
Article 4 (Measures in Cases of Presumed Unauthorized Use)
- With respect to the User for whom the presumption in the preceding article applies (hereinafter, simply "the User"), the Company may take one or more of the following measures, and the User consents thereto:
- Notify the User that Unauthorized Use is presumed, via email, display on the Service's user screen, postal mail, or any other means chosen by the Company.
- In cases where systematic Unauthorized Use is suspected, such as when the registered email address for the Shinkenchiku ID is an inquiry address for a company, school, or other organization, provide the notification in item 1 above to the representative or other members of that organization.
- When providing the notifications in the preceding items, grant the User one or more opportunities to refute the presumption of Unauthorized Use within a reasonable time limit.
- Conduct an audit of the User regarding the existence of circumstances that would negate the presumption of Unauthorized Use. Such an audit includes, but is not limited to, checking each device the User claims to have used to access the Service and the communication logs of each such device.
- If no response is received from the User within the reasonable time limit set by the Company in response to the notification under Paragraph 1, item 3, or if a response is received but does not provide reasonable and sufficient evidence to negate the presumption of Unauthorized Use, the Company may take one or more of the following additional measures. Even if the Company takes the measures in items 2 or 3 below, the Company shall have no obligation to refund any usage fees to the User.
- Take the measures outlined in the items of the preceding paragraph again.
- Suspend the provision of the Service.
- Terminate the Usage Agreement.
- Demand payment of a penalty from the User.
- Take measures other than those in the preceding items, such as filing a claim for damages against the User.
- The costs of an audit conducted pursuant to Paragraph 1, item 4 shall be borne by the Company. Provided, however, that if the results of said audit fail to show reasonable and sufficient evidence to negate the presumption of Unauthorized Use, the costs of said audit shall be borne by the User.
Article 5 (Claim for Penalty Regarding Unauthorized Use)
If, as a measure under Article 4, Paragraph 2, item 4 of these Special Provisions, the User receives a notice from the Company demanding payment of the penalty stipulated in Article 9, the User shall, within 30 days from the date of receipt of said notice, pay to the Company a penalty consisting of the total sum of the following amounts:
- An amount calculated by multiplying the total number of browsers for each month in which the activity described in the items of Article 3 of these Special Provisions first occurred (for item 2 of said article, the month reasonably determined by the Company) and for all subsequent months in which it occurred, by the monthly fee for the paid Service's "Individual Price" plan at the time the notice is sent (plus consumption tax and other applicable taxes).
- Reasonable attorneys' fees incurred by the Company for taking the measures under Article 4 of these Special Provisions.
- The costs of the audit conducted under Article 4, Paragraph 1, item 4 of these Special Provisions, but only if an audit was conducted and the provision of Article 4, Paragraph 3 of these Special Provisions applies.