Terms of Use of FUSION GOL Services(Terms and Conditions for End-Users)
Fusion Communications Corp.

compatible with the Global Roaming Service.
Article 4 (Internet Service Area)
1.

The Company shall provide the Internet Service under theprovisions of these Terms and Conditions only in Japan(except for certain services including, but not limited to,
Global Roaming).

2.

The Company shall designate the Internet Service area inconsideration of the administrative district, social, economic
and other conditions in each area, with special attention
given to the current supply and demand of internet services
etc.

The English version of this document (and all FUSION GOL Policies)
is provided solely for the convenience and information of interested
parties. For all matters of a legal nature, only the original Japaneseversion carries any official authority.
Chapter 1

General Provisions

Article 1 (Application of Terms and Conditions)
Fusion Communications Corp. (hereinafter referred to as the“Company”) shall provide its internet services by stipulating theseterms and conditions (hereinafter referred to as the “Terms andConditions”).

Article 5 (Services Items and Fees of Internet Service)
The items and fees of the Internet Service shall be as set forth in
the fee schedule which is provided at the following site:

Article 2 (Change of Terms and Conditions)(http://www.gol.com/about/policy/).
The Company may change any provision of these Terms andConditions (hereinafter including the fee schedule provided in Article
5 below) without obtaining approval of the Subscriber. In suchcase, the conditions under which the services of the Company are to
be provided shall be governed by the Terms and Conditions aschanged.

Chapter 2Contract

Article 6 (Minimum Use Period)
1.

The Internet Service is provided with a certain minimum use
period.

2.
For the purpose of these Terms and Conditions, the following terms
shall have the following meanings:

The minimum use period of each service shall be as provided
in the applicable fee schedule which is provided in thefollowing site:<<Terms and Meaning of Terms>>(http://www.gol.com/about/policy/).

Article 3 (Definition of Terms)“Contract” means a contract under which the Internet Service shallbe delivered by the Company.

3.

In case the applicable Contract is terminated during theminimum use period provided in the preceding Paragraph,
the Subscriber shall be obligated to pay in a lump-sum
amount and by the due date of payment prescribed by theCompany the use fee corresponding to the remaining period(hereinafter in this Article referring to the amount of the use
fee plus excess charge in case of the use of the GOL
SuperLite).

4.

In case there is any change in the item of the Internet
Service which is provided in the minimum use period underParagraph 2 above, the Subscriber shall be obligated to pay
to the Company by the due date prescribed by the Company(a) the difference, if any, obtained by deducting, with respect
to the change of such item, the amount of the use fee prior
to the change from the amount of the use fee after thechange, times (b) the billing unit of the remaining period.

“Subscriber” means any person who maintains the Contract with theCompany.
“Dial-up IP Connection” means the technology which allows the
Subscriber to establish a connection and exchange data from his/herterminal through use of communication equipment via
telecommunication lines which are made generally available to the
public.
“ Access Point ” means the location under the control of theCompany where certain equipment to house the lines used for the
Dial-up IP connection is installed.
“Subscriber Line” means the telecommunication lines installed under
the Contract between the Access Point (if not housed in the Access
Point, the point of interconnection) and the location designated by
the applicant of the Contract.
“Telecommunication Equipment” means any machine, tool, router orother electronic equipment required to engage in any
telecommunication activity.

Article 7 (Application for Contract)
When any person intends to apply for a Contract, such applicant
shall submit the application in a manner prescribed by the Company.
Article 8 (Acceptance of Application for Contract)“ Telecommunication Services ” means providing a medium ofcommunication between or among other persons through use of
Telecommunication Equipment or otherwise providing the
Telecommunication Equipment for the use of communications
between or among other persons.

1.

The Company shall accept any application for the Contract inthe order of the receipt of such application after certain
examination and procedure which shall be required, and theContract shall be formed upon completion of suchacceptance by the Company.

“Internet Service” means any Telecommunication Services used in amanner that allows a connection to the internet.

2.

Notwithstanding the above, the Company may elect, in its
discretion, (and the applicant agrees in advance to suchelection) to restrict the scope of the Internet Service to beprovided, or to decline to accept, or to withhold any
application for a Contract in case:“Global Roaming” means the service which allows the Subscriber
who is traveling overseas to use the Internet Service from certain
locations outside of Japan without requiring an international
telephone call through use of the nearest access point which is1(1)

the applicant has his/her residence outside Japan;

(2)upon submission of the application for use, theinformation submitted includes any misrepresentation
or error, or deficiency for procedure; or(3)upon submission of the application for use, theCompany is notified by the appropriate affiliatedcredit company that the credit card filed by theapplicant is not valid; or(4)

it is found that, at the time of the application, theapplicant is being denied, or was denied in the past,
the acceptance of any contract due to breach ofcontract or non-payment or delay in payment of any
fees or charges; orthe Company shall notify the Subscriber by E-mail or releaseof the relevant information in its web site.
Article 12 (Notice from Subscriber)
1.

When any contents provided in Article 7 (Application forContract) has been changed, the Subscriber shall file suchfact with the Company in the form designated by theCompany. Any fee accrued due to failure to file shall be
incurred by the Subscriber.

2.

Upon receipt of the above filing, the Company may require
the submission of documents which evidence the fact which
has been filed with.

Article 13 (Termination of Contract by Subscriber)
(5)

(6)

the delivery of the Internet Service is substantiallydifficult for any technical reason due to conditions in
the residence of the applicant or on other grounds;or
it otherwise is recognized as difficult to takeapplication procedure .

Article 9 (Change in Items Provided for Service)
The Subscriber may request for the change in the items to beprovided for the Service in a manner prescribed by the Company,
and upon receipt of the request for such change, the Company shallhandle the request by applying analogously the provisions whichgovern the acceptance of the Contract.

The Subscriber shall make submission in a manner prescribed by theCompany in case he/she intends to terminate this Contract. Any fee
accrued due to failure to file in the designated form shall be
incurred by the Subscriber.
(Additional Services)
Number 13 Article 2 If requested by the subscriber, our company canprovide additional features except in the the following cases.
2.

3.

Article 10 (Restriction on Assignment of Right)

A description of our additional services and list of charges
can be found here: （ http://www.gol.com/about/policy/)and on our homepage.
We are adding provisions to the application of our contracts
and terms of conditions in regards to our Internet service.
However in certain individual circumstances, specificprovisions may also apply.

The Subscriber shall use the Company’s services and shall not have
any third party use of the said services, charged or non-charged, inthe form of resale or sublicense unless the Company approves.

Article 14 (Discontinuation of Provision of Service)

Article 11 (Succession of Status of Subscriber)

1.

1.

2.

3.

When the contractual status of the Subscriber is succeededby the operation of any inheritance or any merger of acorporation on the part of the Subscriber, the relevant
successor, or the corporation which survives the merger orthe corporation which is created by the merger, as the casemay be, shall be required to file such fact in a form
prescribed by the Company together with the document
which supports such fact. In this case, if there are morethan one person who succeeded the contractual status, oneof them shall be appointed as the representative vis-à-vis
the Company, and the identity of such representative shall be
filed to the Company. The same procedure shall apply incase there is any change in such identity. Pending the filingof the identity of the representative pursuant to thisParagraph, the Company shall treat as the representative any
one of the persons who succeeded the relevant contractual
status.
A Subscriber who has the Contract in his/her individualname may have his/her contractual status succeeded toanother person only in case their relationship is that of
spouses or relatives within second degree kinship, and theyshare the same family name and residence. In such case, anapplication in a format prescribed by the Company must be
submitted together with applicable supporting documents.
If there is any merger, division of corporation andassignment of the business of a business division, or sale ofassets on the part of the Company, the Company may assign
this Agreement as a whole without obtaining a consent of
the Subscriber, and the successor shall succeed thecontractual status after the merger or division, assignment of
the business or the sale, as the case may be. In such event,2

Chapter 3

Discontinuation of Provision of Service

When any of the following situations applies to the
Subscriber, Company may discontinue, without a prior notice,
the provision of its Internet Service pending the resolutionof such situation:(1)

When the Subscriber does not pay the fee or othermoney payable to the Company even after the elapseof the due date of payment;(2)

When the Subscriber connects the Subscriber Line
with any Terminal Equipment operated by the
Subscriber, any telecommunications equipment
operated by the Subscriber, lines managed by othercompanies or any telecommunication line relating to
the Telecommunication Services provided by theCompany without obtaining the approval of theCompany;(3)

When the Subscriber breaches any provision of
Article 27 (Obligations of Subscriber) in his/her
relationship with the Company, or when any third
party initiates any claim or lawsuit as a result
thereof; or(4)

When it is found that the operation of the Company
is likely to be impaired because of any complaint or
claim in connection with the Subscriber which isaddressed to the Company.

Article 15 (Suspension of Provision of Service)
The Company may temporarily suspend the provision of the Internet
Service when any of the following events applies:(1)

When such suspension is unavoidable for the purpose

of the maintenance or any work on the
Telecommunication Equipment of the Company; orto the fees so changed.
Article 19 (Delay Interest)(2)

When the use of the communication is suspended by
the operation of Article 32 below; orArticle 16 (Termination by the Company)
1.

In case the Subscriber with respect to whom the Internet
Service has been discontinued by the operation of theprovision of Article 14 (Discontinuation of Provision ofService) still fails to resolve the relevant situation, theCompany may terminate the relevant Contract.

2.

When any of the situations provided in each Sub-paragraphof Article 14 applies to the Subscriber, and such situation
gives material impact on the operation of the business of theCompany, the Company may terminate the relevant Contract
instead of discontinuing the provision of the Internet Service,
the provision of the preceding Paragraph notwithstanding.

When the Subscriber fails to pay the fee or other money due andpayable (excluding delay interest) even upon elapse of the due dateof payment, the Subscriber shall pay as delay interest the amountcalculated at the rate of 14.5% per annum for every day on or after
the day immediately following the due date of payment until the day
immediately preceding the day of the actual payment, unless thepayment is made within 10 days counting from the day immediately
following the due date of payment.
Article 20 (Assignment of Claim)

3.

When the Company intends to terminate the relevant Contract
pursuant to the provisions of the preceding two Paragraphs,
it shall be entitled to effect such termination without giving a
notice to the Subscriber in advance.

The Company may assign its claim owed to the Company by themember, including the claim for the payment of the use fees, to aservicer certified by the Ministry of Justice in case the Subscriber isdelinquent in the payment of the fees or otherwise is subject toother similar situations for a certain period of time. Furthermore,
the Subscriber hereby approves the assignment of the claim
hereunder.
Chapter 5

Liability for Damages

Article 21 (Liability for Damages)
Article 17 (Change and/or Abolition of Service)
1.
1.

The Company may change the content of the service, themethod of connection, the business hours, the service
line-up, etc. without obtaining the approval of the
Subscriber.

2.

The Company may, at its own discretion, replace any service
provided to the Subscriber by providing alternative service,or abolish the same without providing alternative service.
The Company shall not be liable for the change, addition or
abolition of the service, in whole or in part, pursuant to theprovision of the preceding Paragraph.
Chapter 4

Payment of Fees, etc.

Article 18 (Fees, etc.)
1.

In using the services of the Company, the Subscriber shall
pay the fees provided by the Company in Article 5 (Services
Items and Fees of Internet Service) by the due date ofpayment to be separately established by the Company.

2.

The Subscriber shall apply for the Contract by designating
either of the following methods as to the payment of the
fees:

3.

4.

(1)

Credit card;(2)

Withdrawal from his/her own bank account; or(3)Over-the-counter payment at convenience stores,
post offices and financial institutions such as banks.

In case the Subscriber designates the use of credit card as
the payment method, he/she shall comply with the terms andconditions of the members of the relevant credit cardcompany.
The Company may change the fees and payment method bygiving an advance notice to the Subscriber in a manner
which the Company finds appropriate. The Company may
also announce such change in its web site which shall
operate as the substitution of the notice to the Subscriber.
In addition, if the Subscriber continues to maintain therelevant service contract after the change of the fees andother conditions, it shall be deemed that he/she has agreed

3

2.

When the Company fails to deliver the Internet Service which
otherwise should have been provided due to reason
attributable to the Company, the number of days shall becounted for every 24 hours with respect to the hours of thecontinuation of the situation (only for the hours which are
the multiple(s) of 24 hours) that the Internet Service was notavailable for use in its entirety (including in this Article thecase in which significant trouble has occurred in allcommunication through the use of the Telecommunication
Equipment relating to such Contract, resulting in thecondition almost equivalent to the entire unavailability of therelevant service) but only after the Company has becomeaware of such situation, and the total amount of the averageuse fee relating to such Internet Service corresponding tosuch number of days shall be deemed to constitute thedamages suffered, and the Company shall be liable only tothe extent of such damages, except with respect to any
Subscriber for whom the delivery of the service is suspended
under the provision of Article 17. The average use fee shallbe calculated as follows:(1)

When the use fee for the relevant Internet Service isfixed, the daily use fee shall be calculated based on
the use fee provided in the fee schedule;(2)

When the use fee for the relevant Internet Service is
not fixed, it shall be calculated by using the average
daily use fee during the six (6) months preceding thebilling month which contains the first day of thecontinuous period during which the Internet Service
could not be used at all (in case it is difficult to
identify the actual record of the use during suchpreceding six (6) months, the amount which shall becalculated by the method separately prescribed by theCompany);(3)

For the purpose of the calculation of the amount of
the fee corresponding to the number of the days
under this Paragraph, the method of calculation andthe provision on the claim for the handling of
fraction in value to be separately established shall beanalogously applied.

Notwithstanding the provisions of Paragraph 1 throughParagraph 3 above, the details of the handling of liability fordamages relating to additional function shall be provided

separately in the fee schedule.
3.

but not limited to, the provision, invoicing, notice,suspension and termination of the service of theCompany;

In case the Subscriber inflicts any damages to the Company,
the Company shall be entitled to demand the compensationof such damages against the Subscriber.

(2)

Provision of information useful for the customers,
researches through use of questionnaire and sendingof give-aways regarding the services of theCompany; and(3)

In addition to the above, any acts relating to thesales and marketing of the Company.

Article 22 (Limitation of Liability)1.

2.

In no event shall the Company be liable for any damages
suffered by any land, building or other works of the
Subscriber during the implementation of any work for the
installation, removal, repair or recovery of the equipment orother Telecommunication Equipment relating to the Internet
Service to the extent such damages were caused by any
unavoidable situation or by any directions of the Subscriber.
Even in case any modification or change in the Terminal
Equipment or Telecommunication Equipment owned by the
Subscriber (hereinafter referred to as “Modifications”) has
become necessary as a result of any change in these Terms
and Conditions, etc., the Company shall not be liable for any
cost required for such Modifications.

3.

The Company may subcontract the treatment of theinformation of the Subscriber to a subcontractor to theextent necessary for the implementation of the purpose
provided in the preceding Paragraph;

4.

The Company shall not disclose or provide any personal
information to any third party unless it gives a notice to, andobtain approval from, the member regarding the recipient of
the information of the Subscriber and the purpose of its use(including displaying such information on its on-line screen
or applicable document and giving the members theopportunity to select the refusal of the provision of suchinformation), provided, however, that, in any of the following
cases, the Company may disclose or provide, and the
Subscriber agrees such disclosure or provision, the personal
information to the extent the Company finds it necessary ineach of such case:3.

Except as expressly provided in these Terms and Conditions,the Company shall not be liable for any damages arising inconnection with the provision of the service by the Company,
unavailability of the service, any delay, loss of any
information of the Subscriber registered, provided orcollected through the service of the Company, or otherservice of the Company.

(1)
4.

The service of the Company shall be provided as it iscurrently provided to the Subscriber, and the Company shallnot be liable for the completeness, accuracy, adequacy,
usefulness, etc. of any information or software provided by
the Company or any of its partners, whether or not anythingis expressly provided in the Company's web site or material
or manual distributed by the Company.

if any compulsory disposition is taken under theapplicable provision of the Criminal Prosecution Law,
including the provisions of Article 218 thereof;(2)

The Company reserves the right to refuse the support of any
and all hardware and software. Further, the Company shallassume no obligation to guarantee the operation of any andall product which is made available in the market, nor shallthe Company provide any guarantee with respect to any
hardware or software owned or purchased by the Subscriber.
It is understood that the responsibility to support any
hardware or software lies with the manufacturer or seller ofsuch product.

if there is any request which satisfies therequirements under Article 4 (Request for Disclosureof Information on Originator of Transmission) of the
Law concerning the Limitation of Liability of theProviders of Specific Telecommunication Services andthe Disclosure of the Information on the Originatorof the Transmission (Limitation on Provider ’ s
Liability Law).

(3)

if the Company finds that it is necessary for theprotection of life, body and property.

5.

6.

The Company shall not be liable for any damages sufferedby the Subscriber due to reasons not attributable to theCompany, for any damages, business interruption, lost profit,
any loss such as data of the Subscriber (including any dataof the Subscriber and any data stored by third parties)
arising from any special circumstance, whether such damages
are foreseeable or not, or for any damages suffered by the
Subscriber or other damages based on any claim fordamages brought by third parties, whether or not the
Subscriber complied with these terms and conditions.
Chapter 6

Treatment of the Information of the Subscriber

5.

Article 24 (Confidentiality of Communications)
1.

The Company shall maintain in confidence thecommunications of the Subscriber pursuant to Article 4 of
the Telecommunications Business Law.

2.

In the event that any compulsory disposition is effectedpursuant to Article 218 of the Criminal Prosecution Law, theLaw concerning the Interception of Communications for
Criminal Investigations, or otherwise
pursuant to theapplicable court order or laws and regulations, the Company
shall not be bound by the confidentiality obligation
regarding the confidentiality of communications to the extent
lawfully provided by such disposition or order.

3.

In the event that the requirements under Article 4 (Request
for Disclosure of Information on Originator of Transmission)of the Law concerning the Limitation of Liability of theProviders of Specific Telecommunication Services and the

Article 23 (Treatment of the Information of the Subscriber)
1.

The Company shall treat any information of the Subscriber
appropriately pursuant to the "Personal Information
Protection Policy" to be separately posted in the web.

2.

The Company shall treat the information of the Subscriber tothe extent of the following purpose of the use:(1)

Any notice to the necessary for the implementation of
the operation provided by the Company, including,

4

Notwithstanding the provision of the preceding Paragraph,
the Company may disclose or provide the personal
information to financial institutions including credit cardcompanies, servicers or partners to the extent necessary forthe identification of claim or obligation regarding the use of
the Internet Service by the Subscriber, payment andcollection if it is found to be necessary for such operations.

4.

Disclosure of the Information on the Originator of theTransmission are satisfied, the Company shall not be boundby the confidentiality obligation regarding the confidentialityof communications to the extent lawfully provided by such
request.

2.

In case the Company finds it necessary for the protection oflife, body or property, the Company shall not be bound by
the confidentiality obligation regarding the confidentiality ofcommunications to the extent necessary for such protection.

Article 27 (Obligations of Subscriber)

Chapter 7

Miscellaneous Provisions

Company will pay on its behalf the amount which will be
required to be paid to JPRS, applicable TLD registrar or
APNIC.

1.

The Subscriber shall comply with these Terms and Conditions
and the acceptable use policy (hereinafter referred to as“AUP”) of the Company and other operators in connection
with the use of the service provided by the Company. The
Company reserves the right to terminate this Agreement
without giving any advance notice to the Subscriber in casethe Subscriber breaches any provision of these Terms andConditions or inflicts any damage to the system of theCompany or the system of other Subscriber(s), or in case
Subscriber breaches any provision of AUP. The AUP of theCompany are posted on the web site of the Company, andare subject to changes from time to time.

2.

In case the Subscriber inflicts any damage to other
Subscriber(s) or any third party as a result of the use of theInternet Service, the Subscriber shall be obligated to solve
such issue at its own responsibility and expense.

3.

Except as expressly provided in these Terms and Conditions,
the Subscriber shall be responsible for any information
which the Subscriber sends through the service provided by
the Company, and for any use by the Subscriber of theservice provided by the Company, and shall indemnify other
Subscriber(s) and third party and the Company from andagainst such damages. In case the Subscriber inflicts any
damage to other Subscriber(s), third party or the Company inconnection with the use of the service provided by theCompany, or in case there arises any dispute between the
Subscriber and other Subscriber(s) or third party, such
Subscriber shall compensate such damages or solve suchdispute at its own responsibility and expense, and shallindemnify the Company from and against any of suchdamages.

4.

The Subscriber shall have its own responsibility for the
management of the user ID, IP address and password
granted by the Company. The Subscriber must report to theCompany promptly when the user ID, IP address, domain
name, or password is forgotten or stolen.

5.

The Subscriber shall be solely responsible for the back-up of
the personal data of the Subscriber which are stored in theserver of the Company by the Subscriber.

6.

In case the Subscriber makes any communication through the
network of others (whether in Japan or overseas), theSubscriber must comply with the restrictions imposed by all
networks through which such communication will be
forwarded. In particular, research networks cannot be used
for any for-profit purpose.

7.

The Subscriber shall observe the copyright law in case it
intends to use any information which it obtains from theInternet Service.

8.

The Subscriber must comply with the following restrictions
established by the Company in connection with
theoperation of news groups:

Article 25 (Restriction On Use)
1.

When any emergency conditions arises including, but notlimited to, acts of God and any incident, or there is alikelihood of the occurrence of the foregoing, and it is foundto be necessary, the Company may take measures todiscontinue the use of the communication through any lines
other than the Subscriber Line installed at any of thefollowing organizations (limited to those lines agreed to by
the Company through consultation with such organizations)with respect to any communication involving the Subscriber
Line in order to process on a priority basis such
communication as shall contain the information necessary forthe prevention of the disasters, or maintenance of the supplyof the rescue, transportation, communication or power, orsuch communication as shall contain the information whichneeds urgent attention for the interest of the public.
Name of organizations:
Weather
institutions,flood
prevention
institutions,fire-fighting institutions, disaster rescue institutions, police
institutions (hereinafter including agencies of Japan Coast
Guard, defense institutions, institutions directly associatedwith the maintenance of transportation system, institutions
directly associated with the maintenance of communication
system, institutions directly associated with the maintenanceof power supply system, institutions directly associated withthe maintenance of gas supply system, institutions directly
associated with the maintenance of water supply system,
election administration institutions, newspaper companies
who meet certain standards to be separately established,institutions of broadcast providers and news agencies,
financial institutions engaging in deposit and saving ofmoney, national or municipal institutions.

2.

When the communication is substantially congested, or when
any communication is about to be routed through switchingequipment in the amount which exceeds the limit establishedin advance by the sender, the communication may not reachthe destination.

3

If we detect that a large amount of bandwidth is continuously
being transmitted on a specific line, we will limit the
bandwidth allocated to that specific line. The specifics ofthese limits are detailed on our website.

4

If the subscriber is found liable by not adhering to therestrictions in the previous three paragraphs their accountwill be terminated.

Article 26 (Incidental Service)1.

Upon request from a Subscriber, the Company shall process
on behalf of such Subscriber with JPRS, applicable TLD
registrar or APNIC the procedure for the allocation or returnof the IP address to be used for the relevant Subscriber Line
(hereinafter in this Article excluding lines of connecting
Subscriber), or the allocation, change or abolition of domainnames. In such case, the Subscriber shall accept that the5

In the case mentioned in the preceding Paragraph, theSubscriber shall pay the fee provided in Article 5 (Services
Items and Fees of Internet Service) by the due date ofpayment to be separately established by the Company.

Article 28 (Governing Law)
The formation, validity, performance and interpretation of theseterms and conditions shall be governed by the laws of Japan.
Article 29 (Jurisdiction)
Any lawsuit regarding these Terms and Conditions and rights andobligations arising from any transaction related thereto shall be
submitted to the Tokyo District Court.
-“This FUSION GOL End User Terms and Conditions shall become
effective on October 21, 2002.”-

Partially amended on July 4, 2003-

Partially amended on January 1, 2006

- Partially amended on July 30, 2009
- Partially amended on November 1, 2010
- Partially amended on April 1, 2011
- Partially amended on August 31, 2010
- Partially amended on October 1, 2011
- Partially amended on November 1, 2012
- Partially amended on April 1, 20146