Notwithstanding the Company’s disclaimer set forth in Paragraphs 1 to 10 and the other provisions of these Terms of Use (referred to as the “Disclaimers”), in the case where the agreement between the Company and User relating to the Services (including these Terms of Use) constitutes a consumer contract specified in the Consumer Contract Act, the Disclaimers shall not apply and the following items shall apply: <ol> <li>the Company will not bear any liability whatsoever for damage incurred by User because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company and that has occurred due to special circumstances (including cases where the Company or User foresaw or could have foreseen the occurrence of damage). </li> <li>the Company will compensate for actual damage incurred by User arisen normally and directly because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company. provided, however that for User who incurred such damages in relation to fee-based services the amount of such compensation shall not exceed the total amount of payment for use fees etc. that is actually received by the Company from the damaged User within the period of 1 month prior to happening of the cause of such damages, or for Uses who incurred such damages in relation to free services the amount shall not exceed 1,000 JPY. </li>