Acceptable use policy

A. General

IDC Frontier Inc. and its affiliates ("IDC Frontier ") provide to business and consumer users a variety of information technology related products and services, including such service as internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting arrangements, ATM, Frame Relay, voice and other data, online, internet-related and telecommunications services (each, a "Service" and collectively the "Services").

This document defines the Acceptable Use of the Services with a view of ensuring the integrity, security, reliability and privacy of IDC Frontier network, systems, products, services, server hosting facilities and data contained therein (collectively, the "IDC Frontier Network").Use of the Services are subject to this Acceptable Use Policy.

IDC Frontier' Customers are solely responsible for the content and messages that they post, distribute or otherwise make available using IDC Frontier Network and Services. IDC Frontier encourages its Customers to self-rate their websites using a major rating agency such as the Internet Content Rating Association (ICRA) .

For the purposes of this policy, a Customer is defined as any party who purchases a Service from IDC Frontier.

B. Prohibited Activities

It is contrary to IDC Frontier policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service.

Each of the below practices (each, a "Prohibited Activity") constitutes abuse of IDC Frontier' Services, the IDC Frontier Network and facilities and interferes with other Service users. Accordingly, the following practices are prohibited.

  1. Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroups, forums, listservs, or other similar groups or lists (each, a "List");

  2. Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;

  3. Sending unsolicited commercial messages or communications in any form ("SPAM"). Any message that is sent to a recipient from a purchased, rented, licensed, or traded list of email addresses will also be considered SPAM;

  4. Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to IDC Frontier or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its End Users identity or contact information;

  5. Engaging in any other activity that:

    1. violates a law or regulation or encourages the violation of any law or regulation(including, but not limited to, libel, slander, defamation, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights);
    2. threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorisation);
    3. attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
    4. otherwise degrades or interferes with other users' use of the Service;
    5. breaches a third party non-disclosure agreement or obligation,
    6. violates, or encourage the violation of, the legal rights of others (for example, permitting, End Users to infringe or misappropriate the intellectual property rights of others or violate applicable intellectual property laws);
    7. violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations.
  6. Engaging in any of the activities listed above by using another provider's service, but channeling the activity through a IDC Frontier account, remailer, or otherwise through the Service.

ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A VIOLATION AND BREACH OF THE POLICY BY SUCH CUSTOMER OR CUSTOMER'S END USER.

C. Rights and Remedies

IDC Frontier may suspend and/or terminate Customer's Service at any time for any material failure of Customer, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by IDC Frontier, in its reasonable discretion.

IDC Frontier may deny all traffic from known IP address blocks that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving Customer's system and network resources.

IDC Frontier reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, IDC Frontier reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them the Service, in an amount (i) equal to IDC Frontier's actual expenses incurred in preventing or responding to such activity, or (ii) up to 60,000 Yen, whichever is greater.

For complaints of SPAM: In addition to any applicable charges described above, IDC Frontier reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified 1,200 Yen per spam e-mail, such messages being not only annoying to internet users, but also seriously affecting the efficiency and cost-effectiveness of the Network (they increase IDC Frontier costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical internet applications).

Nothing in this Acceptable Use Policy limits IDC Frontier rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.

D. Password Protection

Users are responsible for protecting their password and shall be responsible for all accesses made using their password, whether authorized or not. Customer shall not guess the passwords of others, or use or permit anyone to use IDC Frontier' Service to access the systems or networks of others without [written] permission. In the event a network or network device becomes compromised, IDC Frontier will assist in the tracking and/or expulsion of said offender on the network level to the extent IDC Frontier finds reasonable, at its sole and absolute discretion.

E. Access to Data Centers

Customers entering the building of Data Centers (IDCs) shall comply with the rules of the individual IDC, and only those individuals identified by IDC Frontier on the Customer Registration Form or individuals guaranteed by Customer ("Authorized Personnel") may enter the IDCs in the extent permitted by such rules. Customer shall deliver prior written notice to IDC Frontier of any changes to the Customer Registration Form and the list of Authorized Personnel. Customer and its representatives shall not allow any unauthorized persons to enter any IDC or accompany unauthorized persons when entering IDCs. Customer and its representatives may only access that portion of an IDC made available by IDC Frontier to Customer for the placement of Customer's equipment and use of the IDC Services (the "Customer Area"), unless otherwise approved and accompanied by an authorized IDC Frontier representative.

F. Use of Data Center Facility

Conduct at Data Centers.

For Customers entering IDCs shall comply with the rules of the individual IDC, Customer and its representatives agree to adhere to and abide by all security and safety measures established by IDC Frontier and set forth in the Customer Guide provided by IDC Frontier to Customer.

Customer and its representatives shall also not do or participate in any of the following:

  1. misuse or abuse any IDC Frontier property or equipment or any third party property or equipment;

  2. make any unauthorized use of or interfere with any property or equipment of any other IDC Frontier Customer;

  3. harass any individual, including IDC Frontier personnel and representatives of other IDC Frontier Customers;

  4. engage in any activity that is in violation of the law or aids or assists any unlawful activity while on IDC Frontier property or in connection with the IDC Services.

Prohibited Items.

Customers entering IDCs, shall comply with, in addition to, and to the extent not in conflict with, the rules of the individual IDC, Customer and its representatives shall keep each Customer Area clean, free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by IDC Frontier, (1) place any computer hardware or other equipment in the Customer Area that has not been identified in writing to IDC Frontier; (2) store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals); and (3) bring any Prohibited Materials (as defined below) into any IDC. "Prohibited Materials" shall include, but not be limited to, the following and any similar items:

  1. food and drink;

  2. tobacco products;

  3. explosives and weapons;

  4. hazardous materials;

  5. alcohol, illegal drugs and other intoxicants;

  6. electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment;

  7. radioactive materials;

  8. photographic or recording equipment of any kind (other than tape back-up equipment).

G. Equipment and Connections

Customer Equipment.

Customers entering IDCs shall comply with, the rules of the individual IDC. Each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or code name provided in writing to IDC Frontier) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labelled with Customer's name (or code name provided in writing to IDC Frontier) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer must use its best efforts to provide IDC Frontier with at least 48 hours prior notice any time Customer intends to connect or disconnect any Customer Equipment or other equipment.

H. Modification of This Policy

IDC Frontier reserves the right to change this policy from time to time.