Membership agreement
Article 1. (Agree to the terms)
Athmo i'll Co.,Ltd. (“Athmo i'll”) provides service of VPN NINJA with terms and conditions as noted below. The Agreement is for all the members, and your sign-in is regarded as your acceptance. You should read carefully every article of the agreement, including articles for the limit of liability and restriction of rights and privacy policy., Member registration shall be regarded as your acceptance of the Agreement and your agreement is to be bound by all the terms and conditions in this Agreement.
Article 2(.Agreement changes)
1．This Agreement can be updated by Athmo i 'll, The updated Agreement and the added terms will be effective instantly. And from then on the user shall accept the amended Agreement.
2．We will notify you revision of terms, agreement changes on our website, updated Agreement and the added terms will be effective afterwards. As we consider Agreement changes are significant , we notify at least 30 days before the new terms go into effect.
3．Special events or campaigns on our website may be given priority over original agreement.
Article 3(Notification)
1．We notify updated information or any changes to our members by email or in writing on our website.
2．The updated Agreement and the added terms will be effective on the day that updated by Athmo i 'll to our facilities or our operating server.
3．(“the day that updated by Athmo i 'll to our facilities or our operating server”)is defined as our members. can be notified easily by our acts.
Article 4 (Terms and definitions)
Terms and definitions:
（1）“Member” The person or entity who receives an offer from, and agrees to the terms and conditions of VPN.
（2）“Business member” A person or entity who uses this service mainly for business purposes.
（3）“Fees and Charges” Charges for the applicable service, including consumption tax
（4）“Consumption Tax” the relevant consumer tax as determined by the Japanese Government.
（5）“ID” The Member’s username and password which is used by VPN to identify the member.
Article 5 (Qualified Membership)
Only the applicant is authorized to use this service.
（1）The applicant agrees to our terms and conditions.
Article 6 (Approved Membership)
1．When an applicant receives their user ID and password notification by email, the application is now authorized and accepted in accordance with the agreed terms and conditions. We reserve to right to not accept applicants or to cancel membership in the following conditions.
（1）When the applicant either intentionally or unintentionally provides false or misleading information.
（2）Applicants with previous bad credit or a criminal record may be declined.
（3）Use of an invalid credit card or account.
（4）The applicant is a minor without parental or guardian approval. Or is a person who is subject to, and is without the approval of a guardian.
（5）The applicant has previously had or is the process of having a service or offer from this company cancelled.
（6）When it can be recognized that the applicants technical requirements are not compatible with the service offered.
（7）When it is not possible to contact the applicant using the information provided.
（8）When the applicant is already in dispute with this company.
2．A member shall be liable for all third party fees and charges incurred by the member while their membership status is being determined in accordance with Section 1
Article 7 (Minimum utilization period)
1．The fee and tax payable for the minimum utilizable period for the members chosen plan, is non refundable.
2．In the event of membership cancellation in accordance with Section 1, any residual fees or charges are payable immediately.
3．In the event of membership cancellation in accordance with Section 1, the member is liable for all fees and charges incurred before and up until the cancellation day.
Article 8 (Cancellation by members)
1．When a member cancels their membership, it is automatically effective from the end of the minimum utilization period.
2．After a member cancels their membership contract, any debt already incurred remains until payment is made in full.
3．Declaration of the intention to cancel the service will be conveyed to any third party who utilizes or is dependent on a portion of that service.
Article 9 (Cancellation by VPN Ninja)
1. If the service is stopped under the provision of Article 28 and after notification by VPN Ninja, the reason for the service stoppage is not corrected then membership may be cancelled.
VPN Ninja reserve the right to cancel a member’s service at any time.
（1）When the end of the utilization period is reached Provision 6 Section 1 shall come into effect.
（2）When the behavior of a member gives cause under Provision 19 or causes a hindrance or disruption to the business of VPN Ninja then that customer’s membership may be cancelled.
（3）When a member violate the membership conditions of a partner company of VPN Ninja. VPN Ninja may cancel that member’s service.
（4）A member’s service may be cancelled if fees and charges are not paid by the due date.
（5）In the event of when there is a serious change occurs in the credit standing of the member.
3．If applicable to the terms of Article 9, 1 or 2 the utilization contract is cancelled for any reason, then the member shall be liable for any outstanding debt.
4．If applicable to the terms of Article 9, of 1, 2, 3 and 4 the member shall be liable for compensation and remain obligated.
rticle 10 (Transfer of Membership)
1. A member may not transfer or loan their membership to another party except where specified in the terms and conditions.
2. If a person acquires their membership from an existing member by way of inheritance or corporate merger then they shall advise VPN Ninja by the specified means within 30 days.
3. VPN Ninja will accept continuing membership according to the following conditions:
(1) Where a member changes their service use from private to business.
(2) Where a member changes or modifies their business identity.
(3) When a member transfers their business to another entity.
(4) Where the nominated representative of a group or business changes.
(5) When the details of the nominated representative change.
4．Changes to the details of Members information and other changes should be made though the control panel.
5．VPN Ninja reserves the right to recover from a member any costs or losses incurred in receiving payment or recovering debt.
（1）VPN Ninja reserves the right to transfer the collection of a member’s outstanding debt to a debt collection agency or credit card issuing company.
（2）The member is responsible for any additional costs incurred in any debt recovery action.
Article 11 (Equipment)
1. The member is responsible for the cost of any equipment or software that may be required to utilize the service offered by VPN Ninja.
2. VPN Ninja will not accept any responsibility for members being unable to fully access the offered service when the member’s equipment or software is not of the minimum standard specified by VPN Ninja.
Article 12 (Fees and Charges for VPN Ninja Services )
1．For VPN Ninja’s Fees and Charges, please refer to the price chart
2．The prices referred to in Article 12(1) may be change due to special campaigns or other events. In these cases, changes will be notified on our website.
3．Fees for members will be charged from the day that the ID & password are issued, except in the event of a free trail or other campaign.
4．Fees are calculated to the nearest 1 yen, and may be rounded up or down to achieve this.
Article 13 (liability of payment)
1．Referring to article 28, if our service is not provided, you should still pay for this period. If our service is unavailable for 24 hours, we will refund a portion of your fee, according to our calculations for the period lost.
2．For corporate members means, according to application form filled by it’s a company or an organization However, those companies or organization are not capable to agree to VPN Ninja agreement, the applicant will be responsible for the contract. In the case of corporate members, VPN Ninja considers the individual identified on the application to be responsible for all aspects of the contract.
3．If in the case of cancelation within 1 week of payment, you have a valid reason for cancellation and have not used the service during that period, you may be entitled to a refund.
Article 14 (Method of payment)
1． Members may make payment by the following means:
（1）credit card
（2）wire transfer
（3）other method specified by VPN Ninja
2．Payments made by credit card and payments made by designated credit companies approved by VPN Ninja.
3．VPN Ninja will not be involved in dispute between credit card officials or credit collection agents and members relating to payment.
4．When payment is made by wire transfer any fees and charges for the transaction are at the members cost. VPN Ninja will charge a fee for the issuing of receipts.
Article 15. (Changing service plans)
Members may change a service plan to another by terminating the present service of minimum use period.
Article 16. (Past-due interest)
VPN Ninja will charge interest for late payment on past due fees. The applicable interest is charged at the rate of 14, 6% per annum with an additional fee for reissuing a new invoice.
Article 17. (Members responsibilitys)
1．Members are liable and responsible for all results and consequences of their actions when using VPN NINJA services.
2．2. Members are liable for complaints, claims; damages and other demands from third parties (domestic and international) and such damages should either be paid or disputed through the normal processes. VPN NINJA is not in any way responsible for this or its outcomes.
Article 18 (Use of other networking)
1．Members should follow that using VPN NINJA with other computers or other networking(including us) you should be complied with the third parties terms and conditions and must follow the Article 19 of this agreements.
2．we are not liable for using other networking or computers with using VPN NINJA.
3．Using VPN NINJA with connecting through third party’s networking or computers Article 17. (Members responsibilities) is applied.
Article 19 (Prohibition)
（1）The infringement or possible infringement of intellectual property, privacy, or copyright is strictly prohibited.
（2）Any act or behavior which is, or could possibly be defamatory or which could damage the reputation or confidence of another party is prohibited.
（3）Any behavior or activity which is related to fraud, illegal drugs, stock market behavior, the trading of arms and weapons or any other crime, is prohibited.
（4）Any behavior or activity that is indecent, obscene, harassing, excessively violent or contains child pornography or child abuse or is related to material that has adult content, pornography, obscenity, unlawful harassment, contains child pornography or child abuse, sex-related merchandising, violence or encourages violence, is prohibited.
（5）Any behavior or activity that is related to pyramid or ponzi scheme is prohibited.
（6）Members shall effect and maintain adequate insurance cover in the event of loss or damage to data stored on the Server.
（7）Members will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, such activity is prohibited
（8）The use of any program script/command, or the sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, either locally or via the Internet is prohibited
（9）The sending of Spam, Junk-mail or any other thing that may have the possibility to interfere with the transmitting or receiving of data is prohibited.
（10）The sending of Spam, Junk-mail or any other thing that may have the possibility to interfere with the transmitting or receiving of data is prohibited
（11）The use of this Site or its Services for any commercial use or the purposes of advertising is prohibited.
（12）Illegal use, or promoting or encouraging illegal activity or Unauthorized Computer Access is prohibited.
（13）The transferring of private information of a third party without their consent is prohibited.
（14）The breaching of the security of, or the unauthorized use of an Account ,IP address or ID is prohibited.
（15）The use of false or misleading information is prohibited.
（16）The resale or renting of this service by way of a gift or for profit is prohibited.
（17）Any action that may or may be liable to cause damage or disadvantage is prohibited.
（18）Any action which is offensive to public order or morals is prohibited.
（19）The sending or publishing of any information which is offensive to public order and morals is prohibited.
（20）The listening to Radiko from outside the permitted area is prohibited.
（21）Net game in the Terms of Service prohibits the connection from abroad , act to connect to the video site.
（22）Any other behavior or actions that is determined by VPN NINJA to be inappropriate, is also prohibited.
Aricle.20 (Member Account Password Security)
1．A members can only be used by the initial registrant its details may not be disclosed to a third party.
2．A members ID can only be used by the initial registrant and shall not be shared or rented to any other party.
3．A member will be considered responsible for all actions performed under their member ID and Password except when their ID and Password are used illegally by a third party, either intentionally or negligently.
4．After approval by VPN NINJA the use of VPN NINJA Services by member’s family members or related parties is allowed. Family Members or other related Party’s must comply with VPN NINJAS terms and policies.
5．In reference to Article 20,4 a member will take all responsibility for use of VPN NINJA by third parties.
6．Lost or stolen ID must be reported to VPN NINJA immediately. VPN NINJA will give the Member instructions to follow in this event.
7．In reference to Article 21, VPN NINFA is not responsible for any damages that your business may suffer by interruptions to our service. When the service is interrupted, contact between members and VPN Ninja will be by other means to minimize effect of the interruption.
Article.21 (Information Change)
1．If there is any change in registered information, such as member's name, address, credit card details. Please contact us immediately. Members cannot change or transfer of names without our VPN NINJA’S approval.
2．VPN NINJA will not take any responsibility for loss caused by delay the in the notification of changes. It is the Members responsibility to ensure that any changes are up to date.
Article 22 (Use and Limitation)
As a Member, you agree that VPN NINJA shall not be responsible for unauthorized access to, or alteration of, your transmissions, or data, any material or data sent or received, data or any material not sent or received, or any other transactions entered into through this Service. As a Member, you also agree that VPN NINJA is not responsible or liable for any of the following materials, actions, events or behavior, including but not limited to; threats, defamation, obscenity, illegal access, power failure, natural disaster, war, terrorist attack, illegal content or the conduct of any other party that infringes another's rights, including intellectual property rights. You specifically agree that VPN NINJA is not responsible for any content sent using and/or included in the Service by any third party.
Article 23(Notification and Maintenance)
1．VPN NINJA will notify members in case of server trouble or destruction.
2．In the event of system failure or other disruption occurring, VPN NINJA will repair or restore Service as soon as practical.
3．VPN NINJA will seek and request solutions when we find a failure of our relevant facilities, or with either the service of our Telecommunications Carriers or the service of any other relevant third party.
4．VPN NINJA reserves the right to delegate part or all of the service to other third parties.
Article 24(Privacy of Communications)
1．VPN NINJA will handle and manage the privacy of communications according to the Ordinance for Enforcement of the Telecommunications Business Act Article 4.
2．VPN NINJA reserves the right to at all times monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request for private or personal information.
3．VPN NINJA will disclose Private or Personal Information to protect the interests of other Members or to protect and defend the rights or property of VPN NINJA.
Article 25(Use of Personal Information)
1． VPN NINJA reserves the right at all times to monitor, review, retain and/or disclose any Personal Information as necessary for an unspecified period.
2．VPN NINJA will not disclose or release a Member's Personal Information to any third party without the Member's permission. VPN NINJA retains the right to use your personal information for any necessary purpose.
3．VPN NINJA may need to disclose members personal information as required by law, regulation, court order, subpoena, search warrant, in the course of a legal proceeding, in response to a law enforcement agency request, to enforce our Terms of Service, or site rules; or to protect the safety and security of our visitors and our sites. Reference; the Code of Criminal Procedure (Article 218), Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders. However we may delegate our service to a third party with a nondisclosure agreement, without notification to members.
4．VPN NINJA may disclose your personal information in connection with law enforcement, fraud prevention, or other legal action; as required by law or regulation; or the police, prosecutors, Tax Bureau and or any other legal authority VPN NINJA reasonably believes it is necessary, in order to protect Athmo i 'll, its customers, or the public.
5．VPN NINJA reserves the right at all times to monitor, review, retain and/or disclose any Personal Information as necessary for a certain period. VPN NINJA further reserves the right to keep such information for an additional extended period of time if necessary.
6．Member agree to the following conditions:
（1）VPN NINJA will collect the following information for the credit agreement:
a．Information provided by the member when applying for the service such as name, date of birth, address, contact number and other information.
b．Information relevant to terms and conditions such as members application date, admission date of approval etc.
c．The status of member’s payments.
（2）VPN NINJA may use Members information for the purposes listed below:
a．Providing new and additional services
b．In our marketing and advertising purposes.
c．Partners with which VPN NINJA has an agreed partnership (share of personal information).
d．Where VPN NINJA sub contracts services and the sub-contractor requires the necessary information.
7．On application for Membership of VPN NINJA all required information should be provided or membership may be refused or cancelled.
Article 26(Limitation of Use)
In the possibility of a natural disaster other state of emergency occurring, VPN NINJA may stop the service in order to maintain necessary internet connections or power.
Article 27 (Suspension of Service)
1．VPN NINJA may stop part or all of the service without notice for the following reasons:
（1）Regular or emergency maintenance of the VPN NINJA system
（2）A Type 1Telecommunications Carrier stopped their service
（3）A partner of a Type 2 Telecommunications Carriers stopped their service
（4）Or relating to the above provisions, there is a restriction in their service
2．VPN NINJA will notify members of a suspension of service in advance, however in the case of an emergency this may not be possible/applicable.
Article28 (Suspension of Service for members)
1．VPN NINJA will stop or terminate a members service foe any of the following reasons:
（1）Failure to make the first payment for the service
（2）Failure of payment by credit card or wire transfer
（3）A Member has breached the conditions of Article 19 and failed to remedy the situation
（4）Any breach of VPN NINJA’s Terms and Conditions
（5）Violated any applicable laws and failed to comply with VPN NINJA’s polices, terms and conditions
（6）Any other reason that would cause VPN NINJA to take this action
2．VPN NINJA will normally contact the member before the suspension of service. Except when contact is either not possible or the situation requires emergency action.
3．In response to claims or complaints from any third party in connection with or related to the member’s use of the site and/or its services VPN NINJA will take action to suspend the member’s service. The Member assumes total responsibility for their use of the site and any linked sites. VPN NINJA will take action or respond in the instances listed below.
（1）A warning notice will be given in matters that refer to Article 19
（2）VPN NINJA may require consultation between third parties
（3）May suspend the service in reference to Article28,(1)
（4）May terminate the service in reference to Article 9
（5）May take legal action or provide assistance to authorities seeking legal action
（6）Conduct a thorough independent investigation which made full use of our technical capabilities against illegal actors , we will measure the identity of a specific and damages claims.
（7）VPN NINJA may take any other reasonable actions.
Article29(Indemnification)
1．With respect to VPN NINJA, in the event of a system failure resulting in a suspension of service, VPN NINJA will refund a portion of the charged fee. The refund is based on a calculation where the monthly fee is divided by 30, then multiplied by the number of days the service was unavailable. Any fraction amount being rounded down to the nearest whole yen. Only actual loss is payable. VPN NINJA may experience outages beyond VPN NINJA’s control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labor dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (VPN NINJA hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by VPN NINJA, our suppliers or any other third party
2．Any loss or damages caused by the third parties of Type 1 Telecommunications Carriers or Type 2 Telecommunications Carriers and other related use of telecommunications carrier's lines, where the indemnity liability is limited to the payment of the above facilities and organizations.
3．Please refer to Article 29 2 If there are number of liability claimers who may be compensated by a proportionate rate of the calculation referred to in Article29 1
4．Article 29 is not applicable to corporations or corporate contracts.
Article30 (indemnity)
1.VPN NINJA and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (1) any errors in or omissions from the VPN NINJA Site or any services or products obtainable there from, (2) the unavailability or interruption of the VPN NINJA Site or any features thereof, (3) your use of the VPN NINJA Site, (4) the content contained on the VPN NINJA Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
2．By using the VPN NINJA web site or any applications, software, and content contained therein, you agree that use of the VPN NINJA is entirely at your own risk. The information and services included in or available through the VPN NINJA may include inaccuracies or typographical errors.
3．VPN NINJA does not accept responsibility for any liability to third parties for breach of their Intellectual Property or other Rights.
4．VPN NINJA will not be liable for Members whose liability occurred form Article 6
Article31 (Intellectual Property Right and Copyrights)
1．The content, organization, graphics, design, compilation, digital conversion and other matters related to the VPN NINJA Site is protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
2．The copying, redistribution, use or publication by you of any such matters or any part of the VPN NINJA Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the VPN NINJA Site. The posting of information or materials on the VPN NINJA Site does not constitute a waiver of any right in such information and materials. Some of the content on the VPN NINJA Site is the copyrighted work of third parties and accordingly, VPN NINJA will not be liable for the violation of their rights as referred to above.
Article 32 (Governing Law and Court of Jurisdiction)
1．Controversy or disputes between VPN NINJA and members arising out of or in connection with their use of the VPN NINJA service, the parties shall attempt to resolve any such dispute by normal negotiation.
2．If VPN NINJA is unable to resolve any such dispute within a reasonable time, then the parties shall pursue the matter with either The Tokyo District Court or The Tokyo summary court being in charge of the dispute.
Article 33 (Applicable law clause)
The laws and regulations of Japan, their validity and interpretation will determine the settlement of disputes arising from this Agreement.
Supplementary provision
1.This Agreement shall be effective from the date of 20th Oct 2010
2.Article 28 on April 23 , 2016 ( 6 ) , adding Article 19 (21 )
