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SERVICE TERMS AND AGREEMENT

Service Terms and Agreement(excerpt)

  • The user must agree to this rule.
  • The user should observe the law in the Philippines and in Japan.
  • The user is liable of all its contents.
  • Our company is not responsible for any loss of data or changes in your contents.
  • The user must not upload, execute, and put an illegal program to our server.
  • The user must occupy neither network nor the hardware resource.
  • The user must not upload illegal contents.
  • Do not infect third party's computer with a virus or a malevolent file.
  • The act of transmitting continuously a large amount of mail is prohibited (SPAM).
  • Do not loan the third party the account that our company offered.
  • When the program executed on the server such as CGI/PHP is used, it is necessary to do a thorough test.
  • Our company provides E-mail service, Web server service, and domain acquisition service.
  • To upload contents, the FTP connection is being used.
  • To send and receive mail, POP access and the SMTP access are being utilized.
  • In the mail server, virus of all mail is always checked.
  • The virus in the contents is checked in the Web server.
  • In application, all data must be correct. When the content of application and there is a difference that’s been generated, it is necessary to report to our company at once.
  • When we learned that the application is a fraud, the contract is cancelled at once.
  • After payment is completed in agreement with the rule within 30 days after customer's application, the contract is finished.
  • The payment method is assumed to be a bank transfer only to the account that our company specifies.
  • Our company can cancel application when there is no payment within 30 days after the bill is sent through email.
  • When the repayment is demanded within 30 days after the contract is concluded, our company takes action to it.
  • Our company doesn't offer the support that exceeds the range of the provided service.

    Terms of Service Agreement

    1. About service
    1.1 Guidelines
    Consider all guidelines provided below as a rule.
    • Do not collide with the law of the Philippines.
    • Do not publish data or information protected by copyright laws, rights of portrait, the trademark right, the industrial property, and the privacy right, etc. without due permission.
    • Do not publish the link to the above-mentioned site.
    • Do not publish information that brings significant disadvantage to a third party, directly or indirectly, through disseminating counterfeit information etc. resulting to slander.
    • Do not publish contents which are against the law concerned.
    • Do not use the services to commit acts that violate Philippine law.
    • Do not publish content that violates good public order and customs such as “adult content", "promotion of violence", and "human-rights violation", etc.
    • Do not put the load on the server extremely regardless of deliberate.
    • The execution of programs that control server resources (CPU, memory, and network) is prohibited.
    • Do not publish information that violates privacy of individual or the third party.
    • Do not send large amount of spam in email.
    • Do not let others use your email account.
    • Do not change the settings or do anything that compromises server security.
    • Do not provoke others to perform unlawful computer access.
    • Do not publish information that promotes hacking and cracking.
    • Do not do something that will cause trouble to our company and other users.
    1.2 Measures in contravening company guidelines
    • You will be advised to correct the contents.
    • Or, we will advise you to stop such illegal acts.
    • If you do not respond to our warning, your account will be deactivated at once.
    • If the violation is highly appalling; the account will be deactivated without warning.
    • If your violation infringes Philippine law, it will be reported to the authorities.
    • If submission of evidence is demanded by the investigating authority, we will fully comply.
    • If your account is deactivated because of a violation, the rental charge is not refundable.
    1.1 Web Hosting Service
    We offer a place to open the World Wide Web (WWW) site to the public. The option plan to add basic services and a lot of additional values is ppared. We have a plan to add more basic services and additional function in the future.
    1.1.1 Client Content
    Uploading contents made by the customer to the server are easily done through the use of FTP (File Transfer Protocol). We are not responsible for the content that the customer chooses to put in his/her account. The customer must take notice that the contents do not trespass another's rights and contravene a law. It might be judged that our company is an improper content even when it doesn't violate this rule and the law. The modification of contents appeal to the customer is based on our judgment. The shown guideline provided is alike as a rule.
    1.1.2 Limitation of Client site Content
    The customer is responsible of all contents that he/she made and uploaded. Do not violate the third-party’s right with regards to the client’s contents. Moreover, do not include contents that violate good public order and customs such as "Adult Content", "Violence", and "Human-right violation". As for it, the legal accountability will be pursued.
    1.1.3 CGI/Perl Script
    Please use the CGI/Perl script and test thoroughly. A program that uses excessive server resources will be stopped automatically. Our company is always observing its server resources. The executions of the program that hinders other users and decreases the security of the server are violations of the company’s guideline.
    1.1.4 Availability of Website
    The Web server excludes the scheduled maintenance of 24 hours and 365 days and offers a place for the third party can access while the maintenance is on-going. However, this is not absolute. The Web server might temporarily stop due to hardware trouble and/or software trouble if not anticipated.
    1.2 E-mail service
    We offer the function of having an original domain name when the customer sends and receives E-mail. In a basic plan, 20 E-mail Addresses can be made. The customer can use a safe, high-level security in sending and receiving E-mail through SMTP Authentication and virus check.
    1.3 original domain acquisition service
    It is efficient to acquire an original domain at the same time use the Web hosting service and E-mail service of our company. Our company scrutinizes the domain name that the customer specified (up to 3 names) from among original domain candidates to eliminate identical domain name. Moreover, the procedure of this domain acquisition is executed as a proxy.
    1.3.1 About the property right of the domain name.
    Our company executes the acquisition of the domain name as a proxy. Application to INTERNIC uses customer's input information. The registered information of INTERNIC becomes customer's input information. The customer maintains the property right of the domain.
    1.4 Technical Support
    Our company offers support in terms of E-mail service only in the range our company provides. The settings of the mail reception software and the setting of the FTP client software for the FTP uploading are included in the range of the support we offer. Neither the business trip support nor the support of the use etc. of the third party software is included.
    1.5 About the forwarding capacity and the band limiting of the Internet line
    Our company prohibits the use of contents and programs that always occupy the band. When such contents and programs are discovered, warning is forwarded to the customer. When the band is occupied as customer's contents continue, the program concerned will be stopped or deleted.
    1.6 Backup
    We automatically back up contents that the customer uploaded to the Web server. However, it doesn't perfectly guarantee the safety of customer's contents. The customer strongly recommends having their own backup. Even if the customer neglects backing up and problem occurs, our company is not liable for data loss.
    2.
    2.1 About the use of service
    The user must agree to these rules to use this service. The user must submit latest and correct information to our company.
    2.2 About the update of the content of service
    The service that our company provides publishes latest information in our website. We always make an effort in updating our services so that the customer is satisfied with our services. The customer should consider that they might not receive any notification due to some technical problems.
    2.3 About the service offer period
    The offer period of this service is provided at the application.
    2.4 Payment
    We will claim initial cost, a service use fee, domain name acquisition cost, domain name acquisition agency cost, and other commission to the customer. The customer must pay all the charges before using the service. Please pay the above fees on time and up-to-date. After it contracts irrespective of the reason, the charge is not restored. The E-mail sent after payment is the receipt of the customer.
    2.5 Manner of payment
    The customer must pay one's fee by the method specified by our company. The transaction is through bank or credit card.
    2.6 30-Day Money Back Guarantee
    If the customer satisfaction doesn’t meet within 30 days, our company will return the customer’s payment. However, the cost to acquire the domain name is not refundable.
    2.7 Non-Payment
    The customer cannot start using our service until the payment is settled. Pay within 30 days after sending the bill through E-mail. The bill is transmitted to the customer by E-mail and pay to the update time limit. When the payment is not complete, the account will be automatically stopped.
    2.8 About the update of the charge and the application of a new charge
    If the customer changes its package, the effect will take place at the next policy duration but does not affect the customer’s use of our service. Both the price hike and the price fall are the same.
    2.9 Account
    The customer must manage the account (FTP account for the Web hosting and mail account) issued by our company strictly. The customer must not loan to a third party this account or transfer it. Please contact our company at once if it becomes a situation in which the account is known to others. Compensation for damages might be charged to the customer when customer's account leaks due to customer's carelessness, and become a difficulty to our company or other third parties.
    2.10 Addition of option plan
    If the customer hopes to upgrade the storage of mail address and the Web site more than the amount the customer purchased, the option plan can be bought and implemented until it reaches the specified upper bound separately.
    3.
    3.1 Limitation of Liability
    The user should agree to this. Our company is not liable for loss or trouble that originates in the following matter:
    • Delay of processing application
    • No acceptance of processing application
    • Failure of credit-card transactions
    • Delay of charge payment
    • The charge payment cannot be confirmed
    • Damage of data by system’s problem
    • Compulsion release of user's breach of contract
    • Problem that user has legal accountability
    • Reason by our business
    • Unpdictable reason like natural disaster or man-made disaster
    • Political or social issues
    3.2 Limitation of legal damages
    When our company owes the compensation for damages to the customer or a third party, the total that the user paid our company is assumed to be an upper bound.
    3.3 Problem between third parties
    The user must solve the dispute with the third party. Our company is not held responsible to this problem.
    4.
    4.1 End of service
    When the company evaluates that it is impossible to continue providing service due to valid issues, service might be terminated. When the customer is using our service, the company will pay the amount of money equivalent to the service fee paid for the whole month. These are some situations or circumstances that will trigger the company to end its service:
    • Dissolution of our company
    • Dissolution of high-ranking registrar
    • Service end of line provider
    • End of contract of our company and line provider
    • There is no alternative for the service continuance.
    Our company assumes the one to make the effort to use the alternative aiming for service continuance. However, service might be unavoidably ended for the reasons such as without the alternative.
    4.2 Change in Agreement
    Our company might change the rule without notifying the customer.
    5.
    5.1 About the individual information disclosure provided in the law
    When investigating authorities, the government or the court is requesting about individual information of the customer, our company agrees to disclose any specific information according to the guidelines about this matter.

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