Terms of Service DreamArts Corporation (hereinafter, “DA”) hereby sets out the terms of service applying to customers who have entered into a contract for the Service (hereinafter, the “Customers”) as described below. Customers shall comply with these terms of service to be provided with the Service and hereby consent to these terms of service. Chapter 1 General Rules Article 1 (Application of Terms) DA will, subject to the provisions of these terms of service (hereinafter, “Terms”) as stipulated in the Articles below, provide the Service for Customers. In addition, DA may set out separate terms of service for other individual services (hereinafter, “Individual Terms”) and may provide such services subject to the Individual Terms. In cases where there is a contradiction between the Terms and the Individual Terms, the Individual Terms shall prevail. Article 2 (Modification of Terms) DA may modify the Terms without the consent of Customers. The terms and conditions, including those regarding fees for the Service, which shall apply after the modification, shall be stipulated by the Terms as modified. DA shall notify Customers of modification of the Terms in advance within a certain prior notification period by a method which DA considers to be appropriate (including by posting a notice on its website or by sending e-mails to Customers). Article 3 (Definition) In the Terms, the words listed in the following items shall have the meaning as defined in each item. (1) The Service “The Service” shall mean the service whereby Customers are granted rights to use functions provided by hardware and software of computers connected to the internet as set up and maintained by DA or other entities designated by DA. The details of the Service shall be defined in Article 4 (Description of the Service). (2) Service Agreement “Service Agreements” shall mean agreements by which Customers will be provided with the Service, the provision of which shall be set out by the Terms. (3) Customers “Customers” shall mean any corporations, organizations or partnerships which have entered into the Service Agreement with DA. (4) SLA “SLA” shall mean Service Level Agreements which provide quality assurance regarding the provision of the Service and with which DA provides separately. Article 4 (Description of the Service) 1. The description of the Service shall be determined as defined in the Exhibit. DA may modify the description of the Service without Customers’ consent. The description of the Service which shall apply after the Service is modified shall be subject to its content as modified. 2. Customers using the Service shall acknowledge the following: (1) That malfunctions, including the cases stipulated in each item set forth in Article 35, Paragraph 1, may occur in the Service which are not attributable to DA. (2) That DA shall not bear any responsibility for malfunctions of the Service which are not attributable to DA. (3) That while Customers may use the Service subject to the Terms, Customers shall not be granted any intellectual property rights or any other rights. Article 5 (Area for Provision of the Service) The Service will be provided inside Japan. Chapter 2: The Service Agreement Section 1: General Rules Article 6 (Effective Term and Unit of Agreement) 1. The Service shall be provided from the initial date of service. However, the legally agreed period of use shall begin from the first day of the month following the month in which the application date on the Application Form for Start of Use of DSC appears. 2. DA may decide the minimum period of use and unit of agreement with regard to the Service, and the minimum period of use and unit of agreement shall be as defined in the Exhibit. The date on which the minimum period of use begins shall be identical to the date on which the legally agreed period of use begins. 3. The Customer may rescind the Service Agreement after the initial date of service but before the minimum period of use expires by paying the fees for the Service for the entire minimum period of use. 4. The period of use of the Service Agreement shall be automatically renewed unless separately stipulated otherwise for each individual service. Article 7 (Prohibition of Assignment) The Customer may not assign or transfer the right to receive the provision of the Service and its position as a party to the Service Agreement to a third party. However, when the Customer’s position as a party to the Service Agreement of a Customer that is a corporation is succeeded through a merger or split of companies or a transfer of business, the succeeding corporation shall promptly notify DA, submitting a document evidencing the succession. If DA does not approve the succession, DA may terminate the Service Agreement within one month of receiving the notice by notifying the succeeding corporation. The provisions of Article 18 (Termination of Agreement) shall apply mutatis mutandis to termination under this provision. If DA does not terminate the Service Agreement, the succeeding corporation shall succeed to all duties and liabilities under the Service Agreement. Section 2: Application and Approval, Etc. Article 8 (Establishment of Service Agreement) 1. When DA accepts an application for the use of the Service, DA shall receive an application for use containing information necessary to determine the content of the service and shall conduct the necessary examinations and procedures before accepting the application. 2. The Service Agreement shall become effective when DA approves the application for use. 3. An application for use of the Service may instead be made online via the internet, etc. only when DA approves doing so. Article 9 (Commencement of Service) 1. Once the Service Agreement has been entered into and the Service commences, DA shall notify the Customers of the initial date of service, the description of the service to be provided, the details of which were set forth in the application for the service, and necessary IDs and passwords in writing or by e-mail. 2. The Customers shall be deemed to have confirmed the content of the services to be provided by receiving the notice stipulated in Paragraph 1, and shall pay the fees for the Service in accordance with the method which DA decides regardless of whether the Customers use the services after the initial date of service. Article 10 (Refusal of Application) 1. DA may refuse to accept an application for the Service: (1) If DA determines that there is a possibility that a Customer who applied for the Service may breach the duties of the agreement related to the application, (2) If a Customer has written false information in the application form, (3) If DA determines that there is a possibility that a Customer who submitted an application for the Service may use the Service in a way that may damage the credibility of DA or the Service, (4) If continuing the Service, or installing or maintaining equipment related to the Service is extremely difficult, (5) If a Customer falls under any Items of Article 13 (Termination of Service) or if DA determines that there is a possibility that a Customer may will falls under any of those Items, or (6) If for any provisions other than those mentioned above, DA determines that a Customer is unsuited to enter into an agreement for the Service. 2. If DA refuses to accept an application for the Service on the basis of the provisions in the precedent Paragraph, DA shall notify the Customer who made the application. Section 3: Modification of Provisions of Agreement, Etc. Article 11 (Modification of Services, Etc.) 1. Following the method designated by DA, Customers may request DA to alter the content of the Services. 2. The provisions of Article 10 (Refusal of Application) shall apply mutatis mutandis when an application is made under the provisions of the preceding Paragraph, and DA may refuse to approve the application. 3. The commencement of agreements with regard to the modification stipulated in Paragraph 1 shall be the same as that stipulated in Article 9 (Commencement of Service). All tasks necessary for the modification shall be carried out by DA or by other contractors designated by DA. Article 12 (Modification of Customers’ Name, Etc.) Customers shall notify DA in writing without delay when there is any change in the information the Customers provided in the application or when Item (5) of Article 13 (Suspension of the Service) occurs or there is a possibility that they will occur. Section 4: Suspension of Service, etc. Article 13 (Suspension of Service) DA may suspend provision of the Service for a period designated by DA when: (1) A Customer fails to pay the fees for the Service, extra fees, default interests, etc. on or by the deadline for payment has passed, (2) It is discovered that a Customer supplied false information on the application, (3) A Customer directly or indirectly causes over-load or serious damages to DA or a third party (including damaging or destroying equipment or data) through using the services provided by DA, (4) A Customer commits an act that breaches the Terms or the Service Agreement and causes or may cause problems to the operation of DA’s business or DA’s telecommunication equipment, (5) DA determines that a Customer has breached its duties stipulated in Section 7, (6) A Customer files for provisional attachment, attachment, bankruptcy, civil rehabilitation, company reorganization, etc., or a proceeding for the same is brought against a Customer, (7) A Customer uses the Service in a manner which violates laws and regulations or public order, or there is a possibility that a Customer will do so, (8) Information necessary for payment cannot be confirmed after the method of payment, etc. has been changed, (9) In addition to the above Items, when a Customer breaches the Service Agreement and does not correct the breach despite being notified by DA, or (10) DA determines that provision of Service is inappropriate. Article 14 (Cancellation of Service) 1. DA may cancel provision of the Service when: (1) Cancellation is unavoidable due to maintenance of or work on telecommunication equipment carried out by DA or by a contractor designated by DA, (2) Any trouble occurs to the telecommunication equipment of DA or of a contractor designated by DA, (3) Provision of service becomes impracticable due to the cancellation of telecommunications services by the telecommunication carrier or contractor designated by DA, or (4) For any other reason which DA determines to be unavoidable. 2. DA shall notify Customers in advance by a method decided by DA of the reason, date and period of the cancellation when DA cancels the Service pursuant to the provisions of the preceding Paragraph. However, this shall not apply in an emergency situation where such notice cannot be made. DA shall not be liable to the Customers if the cancellation causes damage to the Customers. Article 15 (Delay of Initial Date of Service) 1. DA may delay the start of the Service after the initial date of the Service of which DA notified the Customer if: (1) Provision of the Service for which the Customers applied or installment or maintenance of equipment related to the Service is more difficult than normal, (2) The telecommunication service provided by a telecommunication carrier or a contractor designated by DA is delayed, or (3) There is any other reason which DA determines is unavoidable. Article 16 (Limitation of Use of Service) 1. DA may limit or prohibit the Customers’ use of the Service in order to give priority to urgent communications for the public benefit if telecommunications cannot be used at all or in part due to an overload of traffic caused by an act of god, some other emergency or for any other reason. 2. Customers who use the Service may not commit any act which overloads the telecommunication equipment related to the provision of the Service. DA may limit a Customer’s use of the Service and claim for damages against the Customer if the Customer commits such an act. Article 17 (Abolishment of Service) DA may abolish all or any part of the Service for any reason. In such cases, DA shall notify Customers two months prior to the abolishment in a manner which DA determines to be appropriate. However, this shall not apply when DA determines it is an emergency. DA shall not be liable to the Customers if the cancellation causes damage to the Customers. Chapter 5: Termination of Service Agreement Article 18 (Termination of Service Agreement) 1. If a Customer terminates the Service Agreement after the initial date of the services, the Customer shall notify DA of the said termination one month prior to the date of the termination in writing using a method separately designated by DA. If the Customer’s notice of termination reaches DA less than one month before the date of termination specified by the Customer, the date of termination shall be deemed to be the last day of the month following the month in which the notification reached DA. 2. If a Customer falls under any of the Items in Article 13 (Suspension of Service), DA may immediately terminate the Service Agreement, as well as suspend the Service under the provisions of Article 13. 3. When DA terminates the Service Agreement subject to the provisions of the preceding Paragraph, DA shall notify the Customer of the termination by a method which DA considers to be appropriate. 4. Customers may terminate the Service Agreement by notifying DA notwithstanding the provisions of the preceding Paragraph when they are no longer able to use the Service because of the occurrence of any of the situations stipulated in Article 14 (Termination of Service) or Article 16 (Limitation of Service). In such cases, the termination shall become effective on the date when DA’s acceptance in writing to the termination arrives at the Customer after the Customer’s notice of termination in writing arrives at DA. 5. Customers may terminate the Service Agreement any time by paying the entire amount of the outstanding fees for the Service for the minimum period of use. Section 6: Fees, Etc. Article 19 (Service Fees) 1. The fees for the Service (the “Service Fees”), shall be set forth in the Exhibit. 2. Initial date for reckoning Service Fees The initial date for reckoning Service Fees shall be the date specified in the notice of commencement of the Service as the initial date of fee calculation along with the initial date of the Service or in an equivalent notice which DA sends by e-mail after the Service Agreement is established pursuant to the provisions of Article 8 (Establishment of Service Agreement) and Article 9 (Commencement of Service). Article 20 (Customers’ Duty of Payment) 1. Customers shall pay DA the Service Fees set forth in the preceding Paragraph for their use of the Service by the method designated by DA. 2. When calculating the Service Fees, any period during which provision of the Service was suspended pursuant to the provisions of Article 13 (Suspension of Service) shall be treated as a period during which the Service was provided. 3. The Customers shall pay the Service Fees in accordance with DA’s instructions concerning the period for submitting the invoice and the payment due date. 4. If the Service Agreement was terminated by DA under the provisions of Article 18 (Cancellation of Service Agreement), the Customers shall lose the benefit of term and shall immediately perform all duties under the Service Agreement. The Customers may not set off the amounts payable to DA under the Service Agreement by amounts receivable from DA or a successor of DA. 5. When a Customer uses the Service in a way that exceeds the scope of the Service Agreement which was established under the provisions of Article 8 (Establishment of Service Agreement), DA, by notifying the Customer in advance, shall have the right to modify the terms and conditions of the Service Agreement and to claim the Service Fees as modified. Article 21 (Calculation of Fees, Etc.) The Service Fees shall be calculated every month on a calendar month basis except for in any of the situations set forth in the Items below: (1) The amount of Service Fees in the initial month of use of the Service shall be the total amount of the pro-rata basic monthly fee for the period during which the Service was provided in the initial month and other amounts decided by DA. (2) The date on which the Service Agreement is terminated shall be the last day of the month following the day on which a termination notice reached DA (except for cases where the termination occurs before the effective term of the Service Agreement expires), and the amount of the Service Fee for that month shall be the amount for the entire month covering the last day of that month. Article 22 (Method of Payment of Fees, Etc.) 1. Customers shall pay the Service Fees to DA by wiring or transferring the amount in accordance with an invoice that includes the due date and the method of payment designated by DA. Bank transfer fees and any other fees and charges necessary for the payment shall be borne by the Customers. 2. If a dispute arises between a Customer and a financial institution, the dispute shall be solved between the two parties involved, and DA shall bear no responsibility. Article 23 (Alteration of Service Fees) The Service Fees shall be the amount determined by DA. DA may change the amount of the Service Fees set forth separately by notifying the Customers in advance. Article 24 (Extra Fees) Customers who illegally avoid paying the Service Fees must pay DA the amount they avoided paying as well as extra fees equivalent to twice the amount for which payment was avoided. Article 25 (Default Interests) If Customers fails to pay the Service Fees or extra fees, Customers shall pay default interests to DA for the period of delayed payment calculated by 14.6% per year of the amount delayed. Article 26 (Consumption Taxes) If consumption taxes are imposed on a Customer’s payment of the Service Fees to DA, the amount the Customer shall pay to DA shall be the total amount of the Service Fees plus the amount of the consumption taxes. Article 27 (Settlement of Service Fees, Etc. at Termination of Agreement) The amount to be settled with regard to the Service when the Service Agreement is terminated (except for terminations made pursuant to the provisions of Paragraph 3, Article 18) shall be the amount of the Service Fees for the period from the day of termination through the last day of the minimum period of use. The Customer shall pay this amount to DA immediately based upon DA’s claim. Section 7: Duties of Customers, Etc. Article 28 (Self Responsibility) 1. Customers shall bear all responsibility for any of actions and outcomes occurring within the Service regardless of whether they took those actions themselves. 2. DA shall not guarantee any data registered in the Service by the Customers and shall bear no responsibility for the data. 3. Customers shall bear all responsibility for information which the Customer delivered through the services under the Service, shall indemnify and hold harmless DA, and shall compensate DA for damages incurred by DA from the information which the Customers delivered. 4. If a Customer causes damages to other Customers or a third party with regard to use of the services under the Service, the Customer who caused the damages shall be responsible for and compensate other Customers or third parties for those damages. DA shall not bear any responsibility. 5. If a third party raises inquiries or claims or if a dispute with a third party arises with regard to Customers’ use of the Service or other actions of the Customers related to that use, the Customers shall resolve them at their own responsibilities and costs. DA shall not bear any responsibility. Article 29 (Management of Software) 1. Customers shall comply with the following conditions with regard to the software which DA provides for the Customers when the Service is provided: (1) Customers shall not lease or assign or otherwise dispose of, or license the use of the Software to a third party. (2) Customers shall treat the software with the due care of a prudent manager. (3) Customers shall comply with the provisions of Article 36 (Copyrights, Etc. in Software). 2. When Customers destroy or damage software by violating the provisions of the preceding Paragraph, DA or a third party designated by DA may restore or repair the software, and the Customers shall bear the costs for the same. Article 30 (Management of Accounts) 1. Customers shall bear all responsibility for IDs and passwords which DA grants to the Customers. 2. Customers may not let a third party, which means any other person than a representative manager of the Customers, use IDs and passwords. 3. In the event that the IDs or passwords are stolen or when there is a possibility of the same, Customers shall immediately notify DA and shall follow any instructions received from DA. Damages arising from the theft of IDs or passwords or the use of the same by a third party shall be incurred by the Customer, and DA shall not bear responsibility. Article 31 (Backups) Customers shall keep a backup identical to the data which Customers provide or deliver through the Service, and DA shall not bear any responsibility with regard to the storing, keeping or backup of that data. Article 32 (Duty to Respond by E-mail) 1. Customers shall ensure that emails from DA will reach the contact e-mail address the Customers provided DA, and shall response without delay to DA upon DA’s request. 2. DA may send e-mails to Customers containing information with regard to services which DA considers to be useful and products or services handled by DA’s business partners. In such cases, Customers shall bear the disk capacity used to receive e-mails and files sent by DA. Article 33 (Prohibition) 1. Customers may not commit any of the acts set forth in the following Items when using the Service: (1) Acts which violate laws or regulations, acts which may do so, or any other similar acts, (2) Acts which discriminate or defame a third party, acts which violate fame, credit, privacy or other personal rights of a third party, acts which may do so, or any other similar acts, (3) Acts collecting or obtaining personal information or any other information concerning a third party by using illegal methods including fraud, or any other similar acts, (4) Acts illegally disclosing or providing another person’s personal information without his/her consent to a third party, or any other similar acts, (5) Acts which infringe the copyrights or other intellectual property rights of DA or a third party, or any other similar acts, (6) Acts infringing any kind of interests belonging to DA or a third party which are protected by law, or any other similar acts, (7) Criminal acts, acts soliciting or promoting criminal acts, or acts which may do so, (8) Acts providing false information intentionally, or any other similar acts, (9) Acts which violate the Public Offices Election Act, or acts which may do so, (10) Acts implementing a pyramid scheme or any other similar scheme, or acts soliciting these schemes. (11) Acts spreading contents involving obscenity, child prostitution, child pornography or child abuse, acts which violate laws regarding the protection of children, etc., or any other similar acts, (12) Acts which correspond to video distribution style activities within the special sexual amusement business stipulated in the Act on Control and Improvement of Amusement Business, etc. (hereinafter, the “Amusement Business Act”), or any other similar acts, (13) Acts which correspond to business activities introducing minors online to members of the opposite sex as stipulated under the Act on Regulation on Soliciting Children by Using Opposite Sex Introducing Service on Internet (hereinafter, the “Online Introduction Service Act”), or any other similar acts, (14) Acts which disturb provision of the Service, and acts which may do so, (15) Acts which use the Service in a way or manner that disturb a third party’s communications, or acts which may do so, (16) Acts illegally accessing, cracking or attacking computers or telecommunication equipment operated by DA or a third party, acts using the Service in a way or manner which damages computers or telecommunication equipment operated by DA or a third party, acts posting information which promotes the acts aforementioned, or any other similar acts. (17) Sending e-mails containing advertisements or solicitations (including but not limited to specified electronic mail) without the receivers’ consent, sending e-mails which cause or may cause aversion in a third party (harassment and spam e-mails), or any other similar acts, (18) Using the Service to run or to infect a third party with a computer virus or any other computer programs which disturb or may disturb the businesses of others by using the Service, or acts which may do so, (19) Acts which switch a third party’s communication environment to expensive telecommunication lines including international calls or Dial Q2, or distributing computer programs doing so, (20) Acts which forge or delete a third party’s information accessible through the Service, (21) Acts using the IDs or passwords of other people, or any other similar acts, (22) Any other acts using the Service in a way that infringes on the legal interests of others or in a way or manner offensive to the public order. 2. The acts stipulated in the preceding Paragraph include any acts which solicit those acts, such as creating links to websites committing those acts, and acts which result in the same outcomes. 3. Regarding Items (12) and (13) of Paragraph 1, DA may not apply the provisions of Paragraph 1 to such acts and exceptionally permit use of the Service for them if DA confirms that such acts are operated properly in accordance with the rules and regulations of the Amusement Business Act and Online Introduction Service Act. However, if the Customer commits other prohibited acts stipulated in Paragraph 1 or if DA determines that the operation of such businesses is inappropriate, DA may take measures including suspension of the Service under the provisions of Article 13 (Suspension of Service). 4. If DA determines that a Customer has committed an act which falls under one of the prohibited acts stipulated in Paragraph 1, DA may claim against the Customer for the costs DA incurred to deal with complaints against the Customer’s violation, and for damages DA incurs from the said act, in addition to suspension of the Service under the provisions of Article 13 (Suspension of Service). Section 8: Compensation for damages Article 34 (Compensation for Damages) 1. The scope of DA’s compensation for damages which DA may owe to Customers with regard to DA’s provision of the Service shall be as follows: (1) If it is stipulated in an Individual Terms or an SLA that DA shall make a certain compensation for a failure to accord with the SLA, DA shall not bear any responsibility other than the compensation stipulated therein. However, this shall not apply if damages are due to an intentional act or gross negligence on the part of DA. (2) Besides the provisions of the preceding Item, DA shall bear responsibility for compensation for damages which actually impact on a Customer directly due to DA’s violation of its duties stipulated in the terms. However, the responsibility which DA shall bear shall be limited to the total amount of the Service Fees which the Customer paid to DA within the last twelve months from the day on which the damages occurred except for damages arising from intentional acts or gross negligence on the part of DA. This shall be the maximum limit of DA’s compensation for damages attributable to DA, and DA shall bear no responsibility for damages arising from causes not attributable to DA, or for damages or lost profits arising from a special situation regardless of whether or not DA foresaw it. Customers shall lose the right to claim for compensation for damages when they fail to claim for the damages within three months of the day on which they could first do so. 2. When the Service cannot be provided because of a reason attributable to a telecommunication carrier related to the Service equipment, DA shall compensate only for damages that actually and directly impacted the Customers, and the maximum limit of the total sum of compensation which DA shall pay to all Customers who could not use the Service shall be the amount of compensation which DA receives from the telecommunication carrier. 3. In lieu of paying the compensation for damages stipulated in Paragraph 1 or Paragraph 2 of this Article (Compensation for Damages), DA may provide additional services or prolong the term of service by an amount that is equivalent to the amount of compensation for damages. Article 35 (Indemnification) 1. The responsibility which DA shall bear to the Customers shall be limited to the scope stipulated in Article 34 (Compensation for Damages), and DA shall not bear any responsibility to compensate for damages with regard to those arising from the following grounds regardless of their causes, including a failure to perform a duty under the Service Agreement, torts, or other legal grounds. (1) An unavoidable accident including an extraordinary natural phenomenon, a disturbance or a riot. (2) A malfunction of the Customers’ connection environment including malfunctions of the Customers’ equipment or internet connection services accessing the equipment for the Service (the “Service equipment”). (3) A malfunction arising from internet connection services, including the Service equipment response time. (4) Invasion of the Service equipment by a computer virus for which a virus pattern and a virus definition file is not provided by a third party with regard to the anti-computer-virus software which DA adopts from this third party. (5) Unauthorized access to or attacks against the equipment of the Service or eavesdropping on the connection path by a third party which cannot be avoided by using the due care of a prudent manager. (6) Damages arising from the Customers’ failure to comply with the sequences or security measures which DA set forth. (7) Damages arising from software (including OS, middleware and DBMS) or databases of the Service equipment which are not manufactured by DA. (8) Damages arising from hardware of the Service equipment which is not manufactured by DA. (9) Damages arising from a telecommunication carrier’s failure to provide telecommunication service. (10) Compulsory dispositions executed on the basis of court orders or laws, including compulsory dispositions based on the provisions of Article 218 of the Code of Criminal Procedure (searches, seizures and inspections based on warrants) or the Act on Wiretapping for Criminal Investigation. (11) Any accidents, including lost luggage, which arise during the transportation of the products to be delivered due to a reason not attributable to DA. (12) Damages arising from grounds attributable to DA’s contractor where nothing is attributable to DA such as negligence with regard to appointment and supervision of the contractor. (13) Any other grounds not attributable to DA. 2. DA shall not be responsible for any dispute between a Customer and a third party arising from the Customers’ use of the Service. Section 9: Treatment of Data and Software, Etc. Article 36 (Copyrights of Software) 1. All copyrights and intellectual property rights for the Software provided by DA, including know-how and any other information (hereinafter, collectively the “Software”), shall be owned by DA or a third party who has licensed DA to use the Software. 2. Customers may use the Software only for the purpose of using the Service and not for any other purpose. Article 37 (Treatment of Data) DA shall not be responsible for any damages directly or indirectly arising from destruction, damage, leakage or misuse for unanticipated purposes of the data stored in DA’s servers for the Service. Article 38 (Deletion of Data and Software, Etc.) 1. DA may delete data which DA actually stores and may suspend transferring or delivering information without notice to Customers and without any compensation when the information registered by the Customers or information managed by the Customers exceeds the threshold determined by DA or when any of the Items in Article 13 (Suspension of Service) takes place. 2. DA shall not be liable for deletion of data or suspension of transfer or delivery under the provisions of the preceding Paragraph. Article 39 (Treatment of Data and Software upon Termination) Data and software existing in the server shall be deleted when the Service Agreement is terminated under the provisions of Article 18 (Termination of Service Agreement). DA shall not be responsible for any loss or damage to the Customers directly or indirectly arising from the deletion. Article 40 (Management of Information) Customers shall take necessary measures with regard to information which is received or dispatched through the Service in case of data loss due to an accident to the Service equipment. Section 10: Miscellaneous Article 41 (Protection of Personal Information) 1. “Customers’ Personal Information” shall mean information regarding Customers, including any names, addresses, phone numbers, e-mail addresses, IDs, passwords and other descriptions (which shall mean descriptions, numbers, symbols and other signs, including those set forth in each Item of Paragraph 3 of this Article) through which a Customer or related individuals can be identified, including that which can be easily collated with other information to identify an individual. “Fee Information” shall mean information regarding the Customers’ history of billing and settlement of fees, including information regarding fees for use of Service, descriptions of the fees, amounts invoiced, and amounts paid by the Customers. 2. DA shall not disclose or leak to a third party the Customers’ confidential information which DA could obtain or access to through provision of the Service. However, this shall not apply when DA may disclose the information without the Customers’ consent pursuant to the provisions of the Act on the Protection of Personal Information, including disclosing the information pursuant to a warrant issued by a court or any other decision of a court. 3. Of the personal information which DA obtains or accesses to through provision of the Service, the Customers shall consent to DA’s use of the information stipulated in the following Items to the extent necessary for achieving the purposes stipulated in the following Items (hereinafter, “the Purposes”), including disclosure to a third party. (1) User IDs, names of companies, names of departments, individual names, e-mail addresses, phone numbers, fax numbers, addresses, other information related to the Service Agreements (including information related to the content of the Service agreements such as dates of application, dates of establishment of agreements, services used, status of use of services, fee payment methods), and Fee Information used for the purpose of individual identification, billing fees, credit control, system operation, customer services, and sending notices regarding alteration of fees and alteration, addition and abolishment of the Services. (2) Individual names, user IDs, addresses, phone numbers, fax numbers, e-mail addresses and Fee Information used for the purpose of handling, supporting or contacting Customers with regard to requests, inquiries and complaints from Customers in connection with provision of the Service. (3) User IDs, communication histories and any other information necessary for handling the termination of the agreements used and stored for a period determined by DA after termination of the agreements for the purpose of handling terminations of agreements. (4) Individual names, user IDs, addresses, phone numbers and e-mail addresses used to send e-mails, dispatch documents by mail and telephone for the purpose of obtaining consents from Customers with regard to use of personal information. (5) Customers’ personal information used for the purposes for which DA obtained consent individually from the Customers. (6) Customers’ personal information used for the purpose of disclosing the personal information subject to a warrant issued by a court or any other decision of a court. 4. Customers may request DA to disclose data regarding the Customers’ personal information which DA owns. Customers may request DA to correct or to cease use of the Customers’ personal information if as a result of the disclosure the personal information is discovered to contain an error. Personal identification of the Customer shall be required for accepting the Customer’s request for disclosure. DA may charge Customers for the disclosure, the fees for which shall be stipulated by DA. Article 42 (Outsourcing) DA may outsource all or a part of operations necessary for provision of the Service to Customers to a third party at DA’s discretion. DA shall have the contractor for the outsourcing (hereinafter, “Contractor”) bear the duties equivalent to those of DA under the Service Agreement, etc. including the duties under Article 41 (Protection of Personal Information) with regard to implementation of the outsourced operations. Article 43 (Telecommunications Equipment, etc.) DA shall not be responsible for any telecommunications equipment or software necessary for use of the Service, except for those prohibited by DA for the Services, which Customers have procured at their own expense and responsibility, any collaterally necessary agreements for such procurement, or any related malfunctions or damages caused thereby. Article 44 (Connection Provider) DA may designate an internet connection environment which is necessary or appropriate for use of the Service or the connection environment of an internet service provider. When Customers use the service of an internet service provider which DA does not recommend, DA shall not be responsible for any problems arising from the differences between such provider and the internet service provider which DA recommends. Article 45 (Designated Hardware and Software) DA may designate the hardware and software necessary or appropriate for use of the Service. In such cases, Customers using other software may be not able to use the services provided by DA. Article 46 (Customers’ Duty to Compensate for Damages) DA may claim against Customers for compensation for damages incurred by DA if Customers cause damages to DA in violation of the Terms or the Service Agreement. Section 11: Other Provisions Article 47 (Governing Law) These Terms of Service shall be governed by Japanese law. Article 48 (Court Having Jurisdiction) If Customers or DA need to file an action against the other party, the Tokyo District Court shall by agreement be the court having jurisdiction in the first instance. Article 49 (Inquiries) The contact for general inquires with regard to the Service is shown in the Exhibit. Article 50 (Supplementary Provisions) The Terms were set out on October 1, 2010. The Terms were amended on November 24, 2010. The Terms were amended on November 1, 2011. The Terms were amended on February 1, 2012. The Terms were amended on July 28, 2014. The Terms were amended on June 21, 2016. DreamArts Corporation 29th floor, Ebisu Garden Place Tower 20-3, Ebisu 4-chome, Shibuya-ku, Tokyo