TERMS AND CONDITIONS

FIBER INTERNET

Sakura Mobile Terms and Conditions of Service

Welcome to Sakura Fiber Internet. Sakura Fiber Internet is a service provided under the parent company, Og Inc. We are pleased to be your home internet service provider. We reserve the right to change or modify these Terms and Conditions of Service (“Ts&Cs”) at any time, effective immediately when posted to Sakura Fiber Internet and Sakura Mobile’s website at www.sakuramobile.jp. Please check our website from time to time as these Ts&Cs may have changed. We will attempt to contact you by email if necessary, but do not guarantee that you will receive the email and take no responsibility for any issues receiving the email. Please read these terms and conditions carefully and make sure that you understand each provision as they contain important information about the services provided to you. These terms and conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These terms and conditions limit our liability and the remedies available to you in the event of a dispute. Please note that these Ts&Cs are for the Sakura Fiber Internet Service. Ts&Cs for the SIM and WIFI products/plans usage can be found on the Sakura Mobile website.

General Definitions

In these Ts&Cs the following terms have the following meanings: (a) “Sakura Mobile,” “Sakura Fiber Internet,” “we,” “us,” and “our” refer to Sakura Fiber Internet where operated by Og inc. ; (b) “you,” “your,” “user,” “subscriber,” or “customer” refer to the account holder or any other person who purchases, activates or uses the Internet Services we provide; (c) “Device” means any phone, smartphone, tablet, SIM card, data card, and any other device, equipment, accessory, or other product that we provide or sell to you, or that is assigned to, activated on, or used with your account; (d) “Service(s)” or “Internet Service(s)” means any home internet services we provide or that reference these Ts&Cs and includes, but is not limited to, our rate and service plans, billing services, offers, promotions, applications, programs, products, features, software, or any Device on your account; (e) “Charges” means any access and usage charges, taxes, surcharges, fees, including government fees (whether assessed directly upon you or upon Sakura Fiber Internet) and other charges we charge you or that were accepted or processed through your Device as further defined below in the “Charges” section of these Ts&Cs.

Home Internet Customer Agreement

These Ts&Cs are part of your Home Internet Customer Agreement (Agreement) and form a contract between you and Sakura Fiber Internet that applies to all Devices and Home Internet Services provided to you. Your Agreement with us also includes: (a) our Privacy Policy available at www.sakuramobile.jp/privacy-policy; (b) our rate plans, and other transaction materials, including any receipt or service summary that you sign, accept, or that is provided to you, and any transaction confirmation materials we may provide to you; (c) any terms and conditions for home internet products, services, features, promotions, and applications not otherwise described in these Ts&Cs that we provide to you or that we make available on Sakura Fiber Internet ’s website at www.sakuramobile.jp (collectively Supplemental Materials); and, (d) our Policies (as defined below).  In the event of any conflict between these Ts&Cs and any Supplemental Materials or Policies, these Ts&Cs shall control.

Acceptance of the Ts&Cs

You represent that you are fulfilled the adult age that is described by the Japanese Government on Civil Law, “Civil Code Article 4: Age of Majority” and/or that you are legally authorized to accept these Ts&Cs and to enter into this Agreement. Including under-age individuals with a valid Sakura Fiber Internet parental consent form (provided by us) signed by their legal representative. Your Agreement with Sakura Fiber Internet begins when you accept these Ts&Cs by doing any of the following: (a) giving us a written or electronic signature or telling us orally that you accept, or by otherwise accepting through any other printed, oral, or electronic means; (b) paying for Service; (c) activating the Service; (d) using or attempting to use the Service in any way; (e) upgrading or modifying the Service; or (f) opening any Device packaging, or starting any application, program or software that states you are accepting. If you do not want to accept these Ts&Cs, do not take any of these actions. 

Policies

Services are subject to our business policies, practices, and procedures (“Policies”), including our Acceptable Use Policy. You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time and become effective when posted to Sakura Fiber Internet‘s and Sakura Mobile’s website at www.sakuramobile.jp.

Other Ts&Cs

Other terms and conditions, including end-user license agreements, apply to certain applications, software, products, programs, services, promotions, and features that we provide to you, that you obtain from a third party through us, or that you obtain directly from a third party. These other terms and conditions may be significantly different from the Ts&Cs that are part of your Agreement. It is your responsibility to read and understand any other terms and conditions before you accept them. We are not responsible for any third-party terms and conditions.

Our Right to Change Terms and Rates

We may change any part of the Agreement at any time, including but not limited to these Ts&Cs, Supplemental Materials, rates, rate plans, features, products, fees, expenses, coverage areas, provisioning technology, and Charges for your Service. Changes become effective when posted on Sakura Fiber Internet’s website at www.sakuramobile.jp. We will attempt to provide you with notice of material changes by email, but do not guarantee that you will receive notice of any changes. If you continue to access or use our Services on or after the effective date of a change, you accept any change. If you continue to access or use our Services on or after the effective date of a change, you accept any change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund if you decide to cancel Service.

Availability of Service and Coverage

Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of home internet service, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting telecommunications and network providers. We do not guarantee the availability of the home internet service. You will not have access to our service outside of our coverage areas. Coverage areas, provided by the telecommunications provider (NTT), provides a high-level approximation of home internet coverage and there are gaps in coverage not shown by this approximation; actual coverage may vary and be affected by terrain, weather, foliage, buildings, infrastructure, high-usage periods, customer equipment, building/residence’s equipment, customer’s current internet service/setup, and other factors. We do not guarantee coverage and information supplied by the network providers Sakura Fiber Internet uses do not show actual network coverage or performance. Internet service plans provided by the telecommunications provider (NTT) are based on the information in NTT's database, the telecommunication's network coverage in the area, the residence's current wiring and equipment, etc. Service plans and connection types are subject to change depending on the results and findings of NTT.

Internet Service Plans・Provided Internet Service

Sakura Fiber Internet offers monthly home internet service. The available service plans for customers (10 Gbps, 1 Gbps, 100 Mbps) are dependent on the results after inputting the customer’s address listed on the Application Form into the telecommunications provider’s (NTT) system. The NTT system will determine the possible internet plan that can be installed. The internet plan determined by NTT may change depending on NTT’s results and investigation. Offered internet plans may also change depending on other factors, included but not limited to the following: building management company/landlord’s conditions and approval, building/residence’s currently installed equipment and wiring, the building/residence and its surroundings, decision of the installation company/team, etc. The 10 Gbps, 1 Gbps, and 100 Mbps internet speeds Sakura Fiber Internet are the theoretical maximum speeds for each respective connection type (10 Gbps, 1 Gbps or 100 Mbps). The actual speeds experienced by customers may vary depending on equipment, environmental conditions, pages you are visiting, destinations, etc. Sakura Fiber Internet does not guarantee that the customer will experience the full 1 Gbps or 100 Mbps internet speeds. The available installation type, plan, and speed are determined by the residence's current equipment, wiring, and the information in the telecommunication provider's (NTT) system. The maximum communication speeds for each plan are theoretical values that can be theoretically reproduced when various conditions are met, such as but not limited to, not being crowded because there are few users connecting to the line, the performance of devices such as PCs being high, etc. Sakura Fiber Internet strives to provide customers with a best-effort type service that does not always guarantee a certain quality of the service provided to customers but is there a service that strives to provide the best service as much as possible. However, even the line operator cannot guarantee how much communication speed can be achieved when using the internet line. Therefore, even with the best effort, communication speeds may be lower than the maximum communication speeds stated depending on various conditions. In other words, best effort is a contract condition that displays the maximum communication speeds that can be output under the best conditions. The communication speed of Internet lines such as optical lines is displayed as "up to 10 Gbps/1 Gbps/100 Mbps" by the internet line operator. This is the maximum communication speed according to the technical standard, and the actual communication speed varies depending on how busy the line is. In addition, the communication speed varies depending on the performance of the device the customers are using, the type of cables used, the settings of the software used by the customer, etc. The unit of communication speed is expressed in the unit of bps (BPS). This is an abbreviation for bit per second, which is the number of bits (data amount) that can be transferred per second. 1,000 bps = 1 kbps, 1,000 kbps = 1 Mbps, 1,000 Mbps = 1 Gbps. It is 1 byte (byte) with 8 bits. For example, at 80Mbps, 10MB (megabytes) of communication is possible in 1 second. As of 2020, the communication speed of many optical line services is actually measured and is tens to hundreds of Mbps. The average speed is 300 to 400 Mbps for fast services and 100 Mbps or less for slow services. The speed will vary depending on the location you are accessing and the connection status in the neighborhood.

Rate Plans

Sakura Fiber Internet’s Home Internet Service plans offer home and rental Pocket WiFi data service reflected in the terms and conditions and contract the customer signed up for. Pricing and details may change in the future. Rates for current customers will not change without the customer’s consent and approval. Sakura Fiber Internet will attempt to contact the customer should such changes occur. The Sakura Fiber Internet monthly fee is listed on the Sakura Fiber Internet website.

Order Confirmation and Submission

Sakura Fiber Internet and the customer will discuss through email the dates and times for the installation and delivery of the internet device(s). Once the dates and times are confirmed by the customer, the order will be confirmed by Sakura Fiber Internet and submitted to the telecommunications provider (NTT). Once the installation request has been submitted, the installation fees (Installation fee, Administrative fee, and Weekend/National holiday fee) we listed will be charged for cancellations. Should installation not be possible, the customer does not have to pay the fees listed earlier.

Sakura Fiber Internet Installation

Sakura Fiber Internet will contact you regarding the schedule of the customer's home installation after submitting an Application Form. If the installation schedule is busy, it may not be possible to complete the installation at the desired date and time you have heard in advance. You agree to provide NTT and NTT dispatched companies (and Sakura Fiber Internet) with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured, maintained, or repaired. You agree that NTT and NTT dispatched companies (and Sakura Fiber Internet) may install equipment on the exterior and interior of your residence (including but not limited to installing, maintaining, and repairing underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You agree that NTT and NTT dispatched companies (and Sakura Fiber Internet) may take photographs of the equipment installed by or on behalf of Sakura Fiber Internet on the exterior or interior of your residence for quality control purposes. You also agree that NTT and NTT dispatched companies may use, and that you have the necessary permissions to approve NTT and NTT dispatched companies' (and Sakura Fiber Internet) use of, existing facilities, including existing wiring in and around your residence, to complete the installation services. If you rent or otherwise do not own your residence, you represent and warrant that you are authorized by the property owner to order Sakura Fiber Internet installation, and you acknowledge that you may be asked to provide written evidence and approval that you have received all permissions necessary to authorize the performance of installation, maintenance, and repair services. If Sakura Fiber Internet incurs any costs or losses, including attorneys’ fees, because you did not get the necessary permission(s) to authorize the installation, maintenance, or repair of the equipment required for the Services, you are responsible for reimbursing Sakura Fiber Internet for those costs or losses. All installation, repairs, removal, and other costs for Sakura Fiber Internet will be paid for by the customer. Sakura Fiber Internet is not responsible for any troubles with the landlord due to the installation work. Acceptance of these Terms does not guarantee that Sakura Fiber Internet will install or provide any Services. We act as an intermediary between the customer and the building management company/landlord. We will convey the customer’s request to install the internet service to the building management company/landlord and relay the information from the building management company to the customer. Should the building management company/landlord say the internet can be installed, the installation process will proceed. The responsibility of the installation of the internet service is ultimately the responsibility of the customer. Please note that the telecommunications provider (NTT) and contracted companies may make holes or penetrate the outer wall (diameter about 10 mm) only when it is unavoidable that the existing entrance cannot be used in the installation. The actual installation details will be announced on the day of installation. This includes screws and other physical modifications. In addition, additional charges may be incurred depending on the installation method desired by the customer. Sakura Fiber Internet may not be able to meet your request regarding the method of installation/pulling in the optical wiring and the services/plans mentioned and suggested due to building, surrounding environment, etc.

Charges

You are responsible for paying all Charges for Services provided under this Agreement, including Charges made by any person you permit to have direct or indirect access to your Device even if you did not authorize its use.These include, but are not limited to, (a) monthly access charges; (b) usage charges (if your plan includes metered usage); (c) charges for features and add-ons; (d) taxes, fees, and other assessments imposed by the government that we are required to collect and remit to the government (you are required to provide us with your street address); (e) other fees and charges including activation, reactivation, prepayment, convenience payment, upgrade, program, or other fees, including specific transaction fees, relating to Services and Devices purchased from us; and (f) surcharges that we collect and retain from our customers that include, but are not limited to, government fees, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change. No refunds will be provided to the customer.

Sakura Fiber Internet Installation Fees

Installation fees for the Sakura Fiber Internet Service include fees including, but not limited to the following physical installation costs, remote installation costs, weekend and holiday costs, 2-month deposit for CASH (Smart Pit) payment option, administrative fee, etc. These fees will be indicated in the emails from our representatives after checking the customer's residence and providing the internet installation details. Installation fees may change. Should the fees change, Sakura Fiber Internet will attempt to contact the customer. Installation fees will be charged once the installation has been successfully completed. If the installation fees are not paid by the customer after the installation has been successfully completed, the service may be forcefully terminated. These fees are dependent on the results of the telecommunications provider (NTT) system after checking the address in their database. Campaigns may be running, and the fees may change due to these campaigns and discounts. Our staff will provide customers with the fees for the installation in emails and a PDF invoice once the installation has been confirmed by the customer and submitted to NTT. Please note that fees are subject to change at any notice. The initial administrative and installation fees will be charged after a week from the successful installation of the internet service in the customer’s residence. If there are issues with the installation or internet connection, the customer will have to contact our Sakura Fiber Internet within a week from the installation.

Billing

You will not have access to detailed usage records for most Services. You may access your account on our portal website via your Device, PC, or tablet. We will attempt to send your account status updates, if necessary, but we cannot guarantee that you will receive them or that you will receive them before your account is suspended or canceled.

Payments and Account Balance (And Forceful Terminations)

The availability of Services depends upon your payment in advance of all Charges when they are due. If you fail to make payments when due, the Services will be suspended and/or canceled. By making a payment you will have access to Services for a limited amount of time and you must use the Services during the designated period of time, depending on the contract and plan. Charges for our Services and the number of times Services are available following activation may vary. If your account is deactivated for nonpayment, it will be canceled after 15 days after the payment has been due. Amounts paid for Service Charges are non-refundable and account balances are not transferable, refundable, or redeemable for cash. If your account is suspended or canceled, for any reason, any deposit (if paid) will be used to cover any remaining charges (including unpaid bills, damages, lost fees, etc.). When your account is canceled your account may no longer be available to you and the Service will be terminated. We may also charge you a fee to reactivate Service depending on when you reactivate. The device(s) from the canceled Service will need to be returned and cannot be used with the reactivated Service. Reactivating the Service will require another installation and new device(s). For customers who restart their service/contract after a forceful termination of their previous contract, they wil be charged the same amount as a new customer for the installation and administrative fees. Any remaining unpaid fees from the forced termination service/contract will be combined and charged to the customer and need to be paid by the customer immediately, regardless of the normal payment schedule.

Termination

Either party may terminate this Agreement (which will end your Service with Sakura Fiber Internet) at any time after the minimum usage specified by our plan and services, and for any reason. The Termination Form is required to cancel your contract, unless specified otherwise by the Sakura Fiber Internet representative. The Termination Form must be submitted by the 25th of the month you wish to terminate the Service/contract.

* The contract end date will always be the last day of the month.

You are responsible for all relevant Charges until your account is completely paid and canceled. You may also request that we transfer (“port”) your service to another provider and Service for that service and customer number/service will be canceled when the porting is complete. We reserve the right to charge a fee if you request to port your customer number/service. You are responsible for all Charges until the end of the same month as the port-out is completed. We do not guarantee that the customer number/service transfers to or from us will be successful.You agree that we may, in our sole discretion, without limitation and without notice, limit, interrupt, suspend or cancel your Service for any reason, including, but not limited to, (i) any conduct that we believe violates the Agreement, these Ts&Cs, or our Policies, (ii) your failure to fulfill the payment on time that is indicated by each payment method, (iii) if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or (iv) if we have reason to believe that your Device is being used for any unlawful purpose or in a way that may adversely affect our Service.

In Japan, consumers are protected by the "Telecommunications Business Regulation(電気通信事業法)".

According to this regulation, consumers have the right to cancel the monthly contract by using the "Initial Stage Contract Cancellation Policy (初期契約解除制度)", which starts the moment you enter into the contract and lasts for 8 days. If the contract start day is day 1, then the final day this policy can be applied is day 8.

In order for "Initial Stage Contract Cancellation Policy (初期契約解除制度)" to apply and take place, you must contact us at "contact@sakuramobile.jp" within the 8 days period and clearly request for this policy.

Once this early cancellation policy is applied, the mandatory contract period will be exempted so that you can cancel your contract immediately.

However, we cannot provide any refund for the following charges.

1. Initial fees (additional charge will apply if the initial fee is less than the amount needed)
・Contract handling fee: 5,500 JPY
・Installation fee: The amount billed will be the normal installation cost before the discount. In the case of a campaign-applied discount amount, additional charge(s) will be added.
1) Installations that require dispatch of the installation team (Physical installation): 22,000 JPY
2) Installations that do not require dispatch of the installation team (Remote installation): 3,300 JPY
* For weekend and holiday installations: 3,300 JPY
* Any additional costs which were charged for additional and/or optional installation work will be charged as well.

2. Usage fee
・Monthly basic fee will be prorated
3. Change of service provider fee (if issued)
・3,300 JPY
* All fees are TAX included

Account Access

To protect the security of your account, you should set your password as soon as possible after your account is activated. You agree to protect your password and other account access credentials from loss or disclosure. You authorize us to provide information about and to make changes to your account, including the purchase of products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or auto-dialing equipment, email, text messaging, facsimile, or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. We may contact you by any means regarding customer service-related notifications, or other such information.

Rental Pocket WiFi Terms and Conditions

1) The Sakura Fiber Internet contract will begin when the rental Pocket WiFi is delivered to the customer. 2) We ask that the customer returns the Pocket WiFi device once the installation has been completed. If the device is not posted within 5 days after the installation, a daily fee will be incurred. * After 5days, the daily fee will occur from the next day of the installation to the day you post the pocket WiFi. (We confirm the posting date on the Japan Post Tracking system.) (The cost per day is prorating the monthly fee.) 3) In the event that the installation is not completed successfully and/or the customer wishes to cancel before the order submission, the charges for the Pocket WiFi device will be calculated at a daily rate for the number of days starting from the day the device was received to the date it is posted back to our office. 4) The rental pocket WiFI data usage (and any information regarding Fair Usage Policy – FUP that may be applied) is specified in the email which Sakura Fiber Internet staff will provide to the customers for their confirmation and approval. 5) If we have not heard from you in a while, please note that the plan will automatically be changed to the Monthly Pocket WiFi plan. *The registration fee of 5, 500 JPY will be charged at the same time. 6) If the Pocket WiFi is damaged/lost, there is a damage fee and a lost fee of 30,000 JPY. 7) If any of the accessories are damaged/lost, the lost fee(s) will be charged for the accessories. 8) The rental Pocket WiFi which we provide is meant to be a support device until the installation date.

Data Usage for Rental Pocket WiFi Option

We measure data usage by the kilobyte or the megabyte or gigabyte, where 1024 kilobytes equal 1 megabyte, and 1024 megabytes equals 1 gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents, and content; accessing websites; and downloading and using applications and content. Some applications, content, programs, and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection, or it runs automatically in the background and whether successful or not. Data usage terms and conditions for the rental pocket WiFi devices will be explained to the customer by Sakura Fiber Internet representatives. Upon agreement by the customer to the terms and conditions of the rental pocket WiFi option, the rental pocket WiFi device will be provided to the customer.

Home Internet Usage

1) In the event of any natural disasters, incidents, and other emergencies that are likely to occur, there may be cases where communication data transmission, time, and usage in certain areas may be limited when severely congested or not accessible. 2) There may be cases when data transmission may be limited or disconnected when either the data transmission time exceeds a certain time or when the transmission amount exceeds a certain capacity set by the Internet Service Provider (ISP). 3) In order to ensure the fairness of customer use and smoothly provide our Sakura Fiber Internet Service, there may be instances where the ISP may limit the speed and amount of data transmission and communication for certain customers. This may be the case, but not limited, for individuals transferring large files or using file exchange (P2P) services and using large amounts of bandwidth. 4) We do not guarantee continued service 24 hours a day, 7 days a week, 365 days a year. Due to situations outside of our control, including but not limited to system failures, weather, conditions of wiring and equipment, natural disasters, interruption of service caused by third-parties, interruption of service caused by the user, etc. there are cases where service may be temporarily or permanently stopped. Refunds will not be issued in the event of such downtimes. We require our customers to contact Sakura Fiber Internet if their service is not functioning properly.

Home Internet Usage Data

There is no determined fair usage policy applied for the service. As for unlimited data, we technically cannot say that it is unlimited. From our customers and our own experiences, there is no set/determined cap for data, unlike in some countries. As long as the customers are not using extreme/abnormal amounts of data (large amounts of data over a day, constantly uploading and downloading non-stop for a day or more), there should be no issues. For the average user who is watching videos, working from home, playing games, etc., there should be no problems. Abnormal and/or illegal internet usage may result in data restrictions, depending on the Internet Service Provider. These conditions may change depending on the Internet Service Provider's service conditions and policies. There will be no announcement from our company if such changes arise.

Data Services – Permitted Uses

Sakura Fiber Internet provides home internet data Services, including, but not limited to, features that may be used with data services and content and applications (“Data Services”). Our Data Services are intended to be used for the following permitted activities: (a) web browsing; (b) email; (c) internet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Sakura Fiber Internet may engage in any reasonable network management practice and that you will use Sakura Fiber Internet’s Data Services only for these permitted activities.

Data Services – Applications and Content

Our Data Services may allow you to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Sakura Fiber Internet (“Data Content”) and where you will have the ability to send, receive and share Data Content. You may also purchase Data Content with your Device from us or from third parties. Sakura Fiber Internet is not a publisher of third-party Data Content and is not responsible for any opinions, advice, statements, or other information, services, or goods provided by third parties. Third-party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors – you are solely responsible for any third-party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission, or correct sequencing of any application, information, or downloaded data is not guaranteed or warranted by Sakura Fiber Internet or any content providers or other third party. Neither Sakura Fiber Internet nor its content providers, service providers, or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third-party Data Content may harm your Device and its software, and we are not responsible for any third-party Data Content that you download, install, or use with our Data Services.

Sakura Fiber Internet and Telecommunications Provider's (NTT) Equipment

Sakura Fiber Internet may provide or rent various pieces of equipment (From Sakura Fiber Internet and the telecommunications provider, NTT) to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Sakura Fiber Internet may charge you a fee for replacement equipment. Equipment fees are subject to change. NTT’s equipment (and any other equipment that is required to be returned) is to be returned to NTT or Sakura Fiber Internet’s office within one month after the termination of the customer’s contract with Sakura Fiber Internet.

Devices

Sakura Fiber Internet provides the necessary equipment to use the home internet service. Customers are free to use their own devices. Sakura Fiber Internet will only provide support for devices provided by Sakura Fiber Internet and the telecommunications provider (NTT). Should the customer use their own device(s) in place of the provided device(s), Sakura Fiber Internet is not responsible/liable for any damages or interruption in service due to the customer using their own devices with our service and is unable to provide official support. Sakura Fiber Internet does not manufacture any Device that we sell or that can be used with our Services, and we are not responsible for any defects, acts, or omissions of the manufacturer of any Device. The only warranties on your Device are the limited warranties provided by the manufacturer (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER). Your Device must be compatible with and not interfere with our Services and must comply with all applicable laws, rules, and regulations. You may use your own Device with our Service (“Own Device”), but it must be compatible with and must not harm our service/network; if you use your Own Device, certain network and Device features and functionality may not be available and/or may not function properly with your Own Device. We reserve the right to prevent you from using any Device on our service/network. Device performance may vary based on your Device specifications including processor capabilities, software, memory, and storage, and Device performance that may impact access to all of our Services. We may periodically program Devices on our network remotely with software, system settings, applications, features, or programming, without notice, either prior to, during, or after service activation. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. You may be unable to use your Device until the remote programming is complete, even in an emergency. You also agree that you will not make, nor will you assist others to make, any modifications to any Sakura Fiber Internet Device or programming to enable it to operate on any other system or network. You understand and acknowledge that Sakura Fiber Internet Devices are rented solely for use with our network and that we will be significantly damaged if you use or assist others to use our Devices for any other purpose. You also agree not to take any action to circumvent limits on the quantity of Sakura Fiber Internet Devices that may be rented. You will be liable to Sakura Fiber Internet for any damages resulting from conduct prohibited in this section.

Equipment, Wiring, and Residence Conditions

Should any of the equipment rented by NTT and/or the wiring and equipment in the residence fail and no longer provide Service, NTT will determine the cause of the failure and notify Sakura Fiber Internet. Should the cause turn out to be due to the customer (through negligence or otherwise), the responsibility for repairs (costs, etc.) will fall upon the customer. The customer is also responsible for any physical modifications or damages that may have occurred due to the installation or usage of the Service. Sakura Fiber Internet will contact the building management company/landlord to explain the customer’s request to install the internet service, however, the final responsibility will land upon the customer. The customer will sign an invoice provided by NTT, stating that the installation has been completed upon completion of the installation. The responsbility of the installation will ultimately fall upon the customer. The division between the responsibility of the telecommunications equipment and wiring will be determined by the property lines separating the customer and public/third-party property. The telecommunication equipment and wiring which reside on the customer’s property will be the responsibility of the customer, including the upkeep and maintenance of the equipment and wiring. For telecommunications equipment and wiring which reside on public or property owned/operated by a third party, the responsibility for upkeep and maintenance will be placed upon the telecommunications provider (NTT).

Lost or Stolen Devices (Modem, Wireless Router, Rental Pocket WiFi, Accessories)

You must contact us immediately to report a Device or Accessories that is lost or stolen. After you report the theft or loss, you remain responsible for complying with your obligations under this Agreement including the payment of any monthly Service fees. You further agree to cooperate in the investigation of fraud or theft and to provide us with such requested information and documentation (including any proof of loss and police reports) as we may reasonably request.

Returning NTT and Sakura Fiber Internet Devices

For the NTT rental ONU or home gateway device and accessories, customers are required to return the device(s) and accessories after their internet contact with Sakura Fiber Internet has been terminated. The return method will be discussed and agreed upon once the termination form for the Sakura Fiber Internet service has been submitted and processed. Should the NTT rental device(s) not be returned to NTT, Sakura Fiber Internet will charge the customer of the Sakura Fiber Internet contract with a lost fee for the NTT device(s) of up to 20,000 JPY. This lost fee is subject to change. For customers who use our rental Pocket WiFi option, you are required to return the rental Pocket WiFi once the installation has been completed. The rental Pocket WiFi within 5 days of the completion of the internet installation. Exceptions are only if the Sakura Fiber Internet representative states otherwise and allows for an extension or exception. Any lost/damaged Pocket WiFi devices and/or accessories will be charged to the customer. Should the Sakura Fiber Internet device(s) not be returned to Sakura Fiber Internet, Sakura Fiber Internet will charge the customer of the Sakura Fiber Internet contract with lost fees for the Sakura Fiber Internet device(s) and accessories. Sakura Fiber Internet staff will inform the customer of the lost fees in an email or over the phone. Customers are required to return NTT equipment to NTT or Sakura Fiber Internet’s office within one month after the customer’s contract with Sakura Fiber Internet has been terminated. In the event that the devices are not returned to NTT within this time, lost/damage fees for the equipment will be charged to the custeomer.

Leaving the residence

The customer is responsible for any restorations that may be required by the building management company or landlord, stipulated in the customer’s rental contract agreement. Removal and restoration of the NTT installed devices and wiring can be performed when the customer decides to leave the residence and upon termination of the Sakura Fiber Internet contract. Should the customer require this service, they are required to contact Sakura Fiber Internet at least 45 days before the date they will be leaving the residence. Time is required to contact NTT and coordinate with them and the customer on an agreeable time for NTT to proceed with the removal of the devices and wiring and the restoration of the residence. Upon completion of the order to NTT, NTT will proceed with the removal and restoration of the devices and wiring in the residence. Should the building management company, landlord, etc. find that there are damages, etc., the fees, penalties, etc. for additional restoration, etc. are the responsibility of the customer. Should the customer not contact Sakura Fiber Internet 45 days prior to their leaving the residence, there is a high possibility that the removal and restoration may not be possible. In which case, any fees, penalties, etc. that are charged to the customer by their landlord, building management company, etc. are the responsibility of the customer. As the contract for the residence is between the customer (tenant) and the landlord/building management company, all responsibility and legal obligations fall upon the customer (tenant). Once the Service has been terminated and the Sakura Fiber Internet contract has finished, removal and restoration by NTT through our company will not be possible. Any penalties and fees will be the responsibility of the former Sakura Fiber Internet customer (tenant) and discussion of the residence’s condition will be between the former Sakura Fiber Internet customer (tenant) and the landlord/building management company.

Information to NTT, Internet Service Providers, and NTT dispatch companies

By agreeing to this Ts&Cs, the customer agrees to allow the information provided in the Sakura Fiber Internet application process to be used by the telecommunications provider (NTT), Internet Service Providers, and NTT dispatch companies for the installation and setup of the customer’s internet service. The information provided by the customer throughout the application process is required to complete the installation of the internet service.

Software

The software, interfaces, documentation, data, and content provided for your Device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software, or data generated or provided subsequently by Sakura Fiber Internet (hereinafter “Software”) is licensed, not sold, to you by Sakura Fiber Internet and/or its licensors/suppliers for use only on your Device. You are not permitted to use the Software in any manner not authorized by this license. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Sakura Fiber Internet and/or its licensors/suppliers. Sakura Fiber Internet and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Sakura Fiber Internet Software licensors/suppliers are intended third-party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.

Intellectual Property

You must respect the intellectual property rights of Sakura Fiber Internet, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Sakura Fiber Internet or accessed through Sakura Fiber Internet and Sakura Mobile’s websites. Except for material in the public domain, all material displayed in association with our Services is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified, or otherwise exploited, in whole or in part, without the permission of the owner.

Prohibited Uses and the Misuse and Abuse of Services and Devices

When you purchase, activate, or use our Services or Devices you agree that you will not misuse or abuse our Services or Devices by doing, among other things, any of the following: (a) renting a Device without intending to activate or use it on our network; (b) reselling or rebilling our Services, or reselling Sakura Fiber Internet Devices and NTT Devices; (c) modifying Sakura Fiber Internet‘s and NTT’s Device from its manufacturer’s specifications; (d) activating a Device on a Service Plan or with a feature or product not designated for its use; (e) using our Services or Devices for any fraudulent or unlawful purpose; (f) using voice services as monitoring services, for data transmissions, the transmission of broadcasts, the transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals; or (g) using any Service in a manner that is burdensome or unusually excessive when compared to other customers in your area on similar plans. You agree that you will not use Data Services in any manner which: Conflicts with applicable law; compromises network security or capacity; adversely impacts network service levels or legitimate data flows; degrades network performance; causes harm to the network or other customers; is resold either alone or as part of any other good or service; tethers a wireless Device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a Service Plan, Service or feature designed for this purpose; or there is a specific Service Plan, Service or feature for a particular use and you have not subscribed to that Service Plan, Service or feature. Sakura Fiber Internet’s Services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of our network or systems, or another entity’s network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use Sakura Fiber Internet’s home internet service, wireless services or other parties’ Internet-based resources. For example, this includes, but is not limited to, malicious software or “malware” that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; “denial of service” attacks against a network host or individual user; and “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email). Sakura Fiber Internet’s Services may not be used in any manner that has the effect of excessively and disproportionately contributing to network congestion, hindering other customers’ access to the network, or degrading network performance by maintaining a sustained or continuous data service connection or active Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of data services as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file-sharing services; and software or other devices that maintain continuously active Internet connections when a connection would otherwise be idle or any “keep-alive” functions. Sakura Fiber Internet’s Data Services may not be used with high bandwidth applications, services, and content not optimized to work with Sakura Fiber Internet’s data services and therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices. You agree not to engage in conduct toward our employees, customers, or others that involves the use of abusive, derogatory, insulting, threatening, vulgar, offensive, or similarly unreasonable language or behavior; engage in conduct that is harmful to, interferes with, damages, or adversely affects our network and infrastructure, property, Services, Devices, operations, customers, reputation, intellectual property rights, or that results in the publication of threatening, offensive or illegal material, or generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; or violate, in any way, these Ts&Cs, the Agreement, or our Policies.

Network and Service Protective Measures

We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your Data Services; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of network bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) changing the Service Plan you selected to a Service Plan identified by Sakura Fiber Internet as appropriate for the device being used; (f) interrupting, suspending, canceling or terminating your Services without advance notice at our sole discretion.

Disclaimer of Warranties

Sakura Fiber Internet makes no representations or warranties, express or implied, including (to the extent allowed by law), without limitation, any implied warranty of merchantability or fitness for a particular purpose, suitability, accuracy, security, or performance regarding our home internet and Pocket WiFi services, devices, applications, software, or other services subject to this agreement. We do not promise or guarantee uninterrupted or error-free service or coverage.

Limitations on Service and Liability

You agree that, unless prohibited by law, the following limitations of service and liability apply and that neither we nor our parent companies, subsidiaries, affiliates, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) any act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or failures or defects in the Services or Software or Devices provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including while used in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software; (f) damage or injury caused by an interruption or failure in accessing or attempting to access emergency services from a Device, including through 110 or any other emergency service; (g) any health-related claims relating to our Services or Devices; (h) data content or information accessed while using our Services; (i) loss or disclosure of any sensitive information you transmit; (j) interrupted, failed, or inaccurate location information services; (k) information or communication that is blocked by a spam filter; (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Sakura Fiber Internet storage space, including damage or loss from your use of the Services or from viruses, worms, or downloads of malicious content, software, materials, data, text, images, video, or audio; or (m) things we cannot control, including acts of God (such as hurricanes, tornados, fire, earthquake, etc.) riot, strike, war, terrorism, or government action.

Limitation of Liability – No Consequential Damages

UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES IS SAKURA FIBER INTERNET LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER YOU OR ANY THIRD-PARTY MAY SUFFER BY USE OF, OR INABILITY TO USE, SERVICES, SOFTWARE, OR DEVICES PROVIDED BY OR THROUGH Sakura Fiber Internet, INCLUDING LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS IF WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR THE CLAIM.

Indemnification

You agree to indemnify, defend and hold Sakura Fiber Internet (including its officers, directors, and employees) and our parent companies, affiliates, vendors, suppliers, and licensors harmless from and against any and all claims for damages of any nature arising in any way from or relating to, directly or indirectly, the Services or Devices provided by Sakura Fiber Internet or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM SAKURA FIBER INTERNET’S ALLEGED NEGLIGENCE or any violation by you of this Agreement.

Disputes

Within 30 days of the date of any event giving rise to a dispute, you must notify us in writing at the office of dispute resolution, Sakura Fiber Internet, Zenken Plaza II 6th Fl. 1-3-13, Nishishinjuku, Shinjuku-ku, Tokyo, 160-0023, Japan of such dispute, including any dispute over charges or service we provided, or you will have waived your right to dispute the charges or services and to bring or participate in any legal action raising such dispute.

Other Important Terms and Provisions

ASSIGNMENT: Sakura Fiber Internet may assign this Agreement, but you may not assign this Agreement without our prior written consent. SEVERABILITY: If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. CHOICE OF LAW: The law of Japan shall govern this Agreement. In the event of a dispute between us, the law of Japan, whether in litigation or arbitration, shall govern. ENGLISH LANGUAGE: The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and Sakura Fiber Internet and supersedes any and all prior agreements and understandings relating to the subject matter of this Agreement. SURVIVAL: Those provisions of these Ts&Cs that would, by their very nature, continue beyond the termination of Services (including dispute resolution by binding arbitration, warranty disclaimers, limitations on liability), shall survive termination of Services. .