Rules | TSUKAERU.NET

Choose Language:

Japanese

Terms of Service

Contents

Article 1 General Rules

1.1 Application of the terms of Service
1.2 Revision of the Terms of Service
1.3 Services
1.4 Termination of services

Article 2 Contract

2.1 Contract unit
2.2 Duration of contract
2.3 Service conditions
2.4 Limitation of transfer etc of rights
2.5 Limitation of use in case of emergency
2.6 Application of contract
2.7 Completion of contract
2.8 Change of services
2.9 Changes of account holders etc
2.10 Succession of the position of account holder
2.11 Termination of contract by account holder
2.12 Termination of account holder by our company

Article 3 Cancellation and Suspension of Services

3.1 Cancellation of Services
3.2 Suspension of Services

Article 4 Fees

4.1 Fees
4.2 Obligation of Payment of Fee etc
4.3 Computation methods of fee etc
4.4 Payment method of fee etc
4.5 Extra fee
4.6 Delinquent damages
4.7 Payment method of delinquent damages etc
4.8 Consumption tax
4.9 Rounding of fractions

Article 5 Support

Article 6 Handling of data etc

6.1 Handling of data etc
6.2 Backup of data

Article 7 Compensation of Damages

7.1 Limitation of Liability
7.2 Exemption of liability

Article 8 Miscellaneous Rules

8.1 Court of Jurisdiction
8.2 Additional Rules

Article 1 General Rules

1.1 Application of the terms of service
1.1.1 Tsukaeru.net Co., Ltd.(hereinafter referred to as “We”) shall define the terms of services (hereinafter referred to as “Terms of Service”) and shall provide the services (hereinafter referred to as “This Service”) according to this Terms of Use.
1.1.2 Account holders shall comply with the Terms of Service and receive This Service.
1.2 Revision of the Terms of Use
1.2.1 We may revise this Terms of Use, fees and other services’ conditions at our discretion.
1.2.2 We shall notify the account holders of the details of the revised terms of services. Even if the notification does not reach the account holders, however, the revised terms of services shall remain effective.
1.4 Services
1.4.1 The details of services are display at http://tsukaeru.net/en.
1.5 Termination of services
1.5.1 We may terminate this service at our discretion..
1.5.2 We shall give notification or announcement of the termination of this service 3 months prior to termination.

Article 2 Contract

2.1 Contract unit
2.1.2 In case that a account holder makes multiple subscriptions to this service, each service contract will be made on an individual subscription basis. We reserve the right to add special conditions to any contract in addition to this terms of service.
2.2 Duration of contract
2.2.1 The duration of contracts shall be over one month from the commencing date which is stipulated on the first section of Article 2.7 [Completion of contract].
2.3 Service conditions
2.3.1 We shall define host, ID and password for each contract.
2.3.2 Account holders shall keep the information provided in 2.3.1 confidential and shall take appropriate measures to protect us and third parties from damages caused by illegal use of services. Account holders shall remain liable for the damages caused by abuse resulting from not abiding by this clause. In case that the account holders become aware of abuse of ID, password and domain by third parties, the account holders shall notify us of such abuse immediately.
2.4 Limitation of transfer of rights
2.4.1 Account holders shall not assign, loan or pledge the rights relating to this terms of service, such as the right to receive this service without our prior consent.
2.5 Force Majeure
2.5.1 In the event that an act of God, incidents or other emergencies arise or may arise, we may take measures to limit This Services to put priority on the communication which is required for preventing disasters, securing rescues, transportation or power supply, or maintaining order, and on the communication which is required urgently for the public benefits.
2.6 Application of contract
2.6.1 Application for this service shall be made by online registration which is designated by us.
2.6.2 We may ask the applicants to submit documents for identity verification.
2.7 Completion of contract
2.7.1 In the event that we accept the application through the online registration, we shall send the applicant a notification specifying the login information by email. The contract shall be deemed to be completed on the date of the notification.
2.7.2 In one of following events, we may not accept the applications, or we may cancel the acceptance of the contract.
(a) In the event that applicants of this service shall fall into one of the first sections of Article 3.2 [Cancellation of Services].
(b) Applicants who made applications to this service in the past that fall into one of the first sections of Article
(c) In the event of misstatements by applicants.
(d) In the event of failure to use the credit card provided by applicant.
(e) In the event that credit card designated by applicant is suspended by the credit card company.
(f) In the event of failure by applicants who are under age to obtain consent from a guardian.
(g) In the event of affecting our operation in addition to previous events

2.7.3 In the event of nonacceptance to the applications, we shall notify applicants of such nonacceptance.
2.8 Change of services
2.8.1 In the event that account holders desire to change the details of this service, the account holders shall make the application to the changes by the method designated by us separately.
2.8.2 In the event of the acceptance of first section, we shall notify applicants of the acceptance.
2.8.3 In the event of a technical difficulty or any event affecting our operation, we may not accept applications. We shall notify the applicants of nonacceptance.
2.9 Changes of account holder details
2.9.1 In one of the following changes, account holders shall give notice to us immediately:
(a) Name or title
(b) Address or domicile
(c) Particulars in relation with credit card or mailing address of invoice which are provided to us.
2.9.2 In event of notifications of the previous section, we may ask applicants to submit documents verifying their notification.
2.10 Succession of the position of account holder
2.10.1 In the event of the death of an individual who is the account holder, the terms of services shall be terminated.
2.10.2 In the event of the merger of the account holder who is a corporate body, the account holder shall notify us of the merger in writing immediately. We are entitled to terminate the terms of services within 14 days from the receiving date of the notification by notifying the acquiring corporate body by email. Unless we terminate the contract, the acquiring corporate body shall inherit all liabilities according to the terms of service.
2.11 Termination of contract by account holder
In the event of termination of the Terms of Services by account holders, the account holders shall notify us of the intent of termination and the services for the termination through the ticket system which is the communication system between the account holder and us.
After receipt of the requests of the termination from account holders, we shall perform the procedures to terminate and send the notification to the account holder upon the completion of the procedures. The contract shall be terminated at the time that the notification is sent.
Account holders shall send the intent of termination 15 days before the renewal date of the contract through our ticket system. We shall not return any payment which is incurred due to the automatic renewal after that period.
2.12 Termination of account holder by our company
2.12.1 Under one of following circumstances, we are entitled to terminate the account holders service.
2.12.2 In the event that this service according to the first section of Article 3.2 [Cancellation of Services] is suspended and the causes of the suspension are not solved within 14 days from the suspension date.
2.12.3 Account holder violates Article 3.2 [Cancellation of Services] in a way that affects our ability to provide services to any customer will result in instant termination.

Article 3 Cancellation and Suspension of Services

3.1 Cancellation of Services 3.1.1 In the event of unavoidable circumstances such as maintenance of facilities, construction or failures, we reserve the right cancel the provision of this service.
3.1.2 In the event of suspension of this service, we shall notify account holders of the suspension and the period of the cancellation of this service in advance except in an emergency or unavoidable circumstance,
3.2 Cancellation of Services
3.2.1 In the event that account holders fall into one of the following, we may cancel the provision of this service. In the event that Tsukaeru.net cancels the the service, Tsukaeru.net will not be liable for any losses to the account holder or other parties and is not obliged to refund account holders.
(a) In the event of failure to perform the obligations outlined in this terms of service.
(b) In the event of breaches of provisions of Article 2.3 [Service conditions].
(c) In the event that this service is used in violation with the following guidlines.
i. Acts which infringe or may infringe the personal profits such as honor, faith or privacy of our company or third parties.
ii. Acts which infringe or may infringe the copyright and other intellectual property rights of our company and third parties.
iii. Acts which infringe or may infringe any profit which deserves the legal protection of our company or third parties.
iv. Criminal acts or acts which instigate or facilitate criminal acts, or acts which may cause such acts.
v. Acts which provide or may provide false information intentionally.
vi. Acts which violate or may violate the public offices election law.
vii. Acts which obstruct or may obstruct the provision of This Service by us.
viii. Acts which burden or may burden the network or hardware of our company heavily.
ix. In the event of placing excessive load on server equipment due to an extremely large total number of files on the server.
x. Acts which use or may use This Services by the method or in a manner which affects or may affect the use of This Service by third parties.
xi. Acts which use IDs or passwords wrongfully.
xii. Acts which use such computer programs as computer viruses which violate or may violate the business of others, or provide such computer programs with third parties or acts which may use them.
xiii. Acts which are or are similar to sex-related image transmition amusement which are provided by the Act for Regulating and Promoting Proper Sex-related Amusement Special Business.
xiv. Other acts which use this service by methods or in manners which infringe legal profits of others, and offend public order and morals.
(d) In the event of installing the following CGI or remodeled version of CGI in a shared server.
Hakoniwashoto
FF ADVENTURE
DQ BATTLER
By Script Of Saga II MISSING LINK
Integrated bulletin boards of 2ch chain
Dragon Quest Adventure (all versions)
CGI in relation with BATTLE ROYALEI
CGI in relation with ENDLESS BATTLE
Karaoke Izakaya Abiya (all versions)
Other CGI which burdens the server heavily.
CGI in relation with telnet.cgi or package including it
CGI in relation with tanken.cgi or package including it.
Other CGI issuing command
CGI in relation with proxy.cgi or package including it
CGI in relation with whois.cgi or package including it
CGI in relation with flood.cgi or package including it
CGI in relation with sendmail.cgi or package including it
Other CGI which accesses other servers
If the above CGI are suspected to be installed or any other actions that place unreasonable load on our facilities, we reservce the right to send a warning statement to the account holders and suspend the service temporarily. Unless improvement occurs within 5 days after the warning, we are entitled to delete the said account.
(e) In the event that credit collection agents or financial institutions are unable to use the credit card designated by the account holder.
(f) In the event of installing IRC server, connecting IRC server or similar program without our permission.
(g) In the event any of the following actions are performed on a shared server.
i. Setting Crontab to run with an interval of 15 minutes or less.
ii. Reselling in areas other than the Business Pro Plan
iii. Uploading of more than 50,000 files to contracted server, willful overloading of contracted server or acts deemed by Tsukaeru.net staff to be either.
(h) In the event any of the following actions are taken on a shared
server plan with unlimited transfer.
i. Publishing, distributing and making available for download video, audio and other large files.
ii. Sharing files on the network.
(i) Other action we deem to be inappropriate.
3.2.2 If we find the acts such as sending spam mails and supporting the dispatch of spam mails, and consider that IP address of the account holder is registered into the database of spam mail database, we are entitled to cancel the service without notice. The service may be resumed after all of the problematic contents are deleted from our server. At our discretion, we are entitled to suspend the contract on the 1st act of sending or spam email, and to destroy the right to use our service by sending spam mails 2 or more times. We shall charge the account holder 50,000 yen as the fee for the suspension of service and the communication caused by spam mails. If spam mails are sent and the server is used to send spam mails, we are entitled to make compulsory investigations and charge up to 50,000 yen.
3.2.3 In the event that we suspend the provision of this service according to the preceding article, we shall notify the account holders of the reason and the date and period of the suspension. In the case of emergency or unavoidable circumstances, we may notify account holders of the suspension after the fact.

Article 4 Fees

4.1 Fees
The fee of this service shall be according to the price list display on http://tsukaeru.net/en
4.2 Obligation of Payment of Fees
4.2.1 The account holder shall be obliged to pay the fee on Article 4.1 [Fees].
4.2.2 Even if the provision of this service is suspended according to Article 3.2[Cancellation of Services], the fee of this service shall be computed by supposing that the said service is provided.
4.2.3 According to the 4th section of Article 2.7 [Completion of contract], we shall charge the applicants for the damages which are the same amount as the fee after the completion of the contract. The procedure for the claim of damage shall be according to the procedure for the claim of fee.
4.3 Computation methods of fee
4.3.1 Service fee to the account holder shall be computed according to the fee cycle of the contract period commencing from the starting date of the service.
4.3.2 The date of termination shall be the last day of the fee cycle (except as the contract is terminated before expiring the contract), and the fee of the said fee cycle shall be the same amount as the monthly fee to the last day of the said fee cycle.
4.3.3 Even if the contract is terminated before the expiration of the contract, the account holder shall pay the full amount on this service for the contract period in a lump sum within 2 weeks from the date of termination.
4.4 Payment method of fees
4.4.1 Account holders may pay the fees by one of the following methods:
4.4.2 Available payment methods shall be stipulated on our web site.
4.4.3 Account holders who pay by credit card shall be deemed to pay the fee in advance according to the rules of the said credit card company.
4.4.4 In the event that disputes arise between the account holder and the said credit card company or financial institution, the disputes shall be settled by the said parties and we shall not assume any responsibility.
4.5 Extra fee
Account holders who do not pay due fees shall pay to us an extra fee, which is the same amount as the unpaid amount, by the date designated by us.
4.6 Delinquent damages
Unless the account holders pay the fee and other liabilities by the payment due date, the said account holders shall pay to us 14.6% annum of the unpaid amount as the delinquent damages from the next day the payment becomes due until the date payment is made by the date designated by us. In addition, 210 yen shall be charged for delinquency.
4.7 Payment method of delinquent damages etc
Payment relating to Article 4.5 [Extra fee] and Article 4.6 [Delinquent damages] shall be settled by a method designated by us.
4.8 Consumption tax
If consumption tax and local consumption tax are imposed on the payments of liabilities on this service, account holders are required to pay such taxes according to the Consumption Tax Law (Article No.109 of 1994) and the provisions of laws and ordinances relating to the Consumption Tax Law.
4.9 Rounding of fractions
We shall compute the fee etc by discarding the fractions of less than one yen.

Article 5 Support

5.1 Support Our support shall be limited to the matters as outlined in the service specification. General knowledge, which is disclosed on documents and the internet (how to use a regular server program and grammar of program language), is not included in our support. Even if we give account holders extra supports which are beyond our support for convenience of account holders, we shall not guarantee giving the extra supports continuously.
Details of our support for shared severs are on http://tsukaeru.net/en/support_matrix_shared.php.
Details of our support except the shared server are on http://tsukaeru.net/en/support_matrix.php.

Article 6 Handling of data etc

6.1 Handling of data
We shall not be liable for any direct or indirect damage which is caused by loss, damage, leakage of data or use of data for other purpose than original. But we may apply the indemnification of Article 6.3 on the backup data of daily backup.
6.2 Data backup
In the process of providing This Service, we may make a copy of the data in the contract host for the recovery of malfunction or suspension of server etc.
6.3 Weekly backup and data backup
Weekly or daily backup data which are provided for VPS and the dedicated server shall be handled as follows:

(a) As the data of the weekly backup is not included in our guarantee, we shall not indemnify the loss which is caused by failure of recovery. The recovery support of data from the weekly backup which is caused by factors other than server trouble shall be charged for at standard paid support prices. Weekly backup service is not a guarantee that a backup will be made weekly.

(b) Daily backup service guarantees a daily backup of the data stored with the account holders VPS or dedicated server. In the event of failure to recover from the backup data, we shall provide the server service free for up to 3 months.

Article 7 Compensation of Damages

7.1 Limitation of Liability
7.1.1 In the event of failure by us to provide This Service to account holders for reasons attributable to us, and if account holders are unable to use this service for a consecutive 72 hours from the time we realize the failure to provide this service, or account holders are unable to use this service more than 120 hours in one fee cycle, we shall indemnify account holders from any loss up to but not exceeding the monthly fee according to the request of account holders. Service is assumed to be offered if access to web services or SSH is available to the account holder. If account holders fail to make the said request within 3 months from the date account holders can make such request, account holders shall lose the right of such request.
7.2 Exemption of liability
7.2.1 We shall not be liable for any damage attributable to the corruption or loss of information relating to this service by account holders, or any damage attributable to information obtained by account holders from this service, regardless of the cause of such losses.
Article 8 Miscellaneous Rules
8.1 Court of Jurisdiction
8.1.1 In the event of any dispute arising from this service between account holders and us, the district court who has jurisdiction over the address of the headquarter of our company shall have exclusive jurisdiction for the first instance over such dispute. Any question arising out of, or in connection with, this Agreement or any matter not stipulated herein shall be settled each time upon consultation between both parties.
7.8 Additional Rules
7.8.1 This Terms of Service shall be effective from October 15, 2004.
November 22, 2004 － Addition of details of support
July 1, 2004 - Change of corporate name by transfer of business to JMF Co., Ltd.
August 22, 2004 -Partial revision of “6.3 Weekly Backup and Daily Backup”
November 1, 2004 －Partial addition of “3.2.2 Cancellation of Services and Dispatch of Spam Mail”
November 16, 2004 －Partial revision of “2.11 Termination of Terms of Service by account holders”
November 6, 2004 - Partial revision of “ 4.6 Delinquent damages”
March 18, 2008 - Partial addition of “3.2.2 Cancellation of Services and Dispatch of Spam Mail”
Septemver 16,2009 - Partial addition of “3.2 Cancellation of Services”
October 5,2009 - Partial addition of “3.2 Cancellation of Services”
November 1, 2009 - Change of corporate name to Tsukaeru.net Co., Ltd.
November 13,2009 - Partial addition of “3.2 Cancellation of Services”