TSUKAERU.NET Tsukaeru.net - cloud for everybody

Terms of Use

Contents

Article 1 General Provisions

  • 1.1 Application of the Terms of Use
  • 1.2 Revision of Terms of Use
  • 1.3 Identity Verification Documents
  • 1.4 Types of Service
  • 1.5 Termination of Service

2 Contract

  • 2.1 Contract Unit
  • 2.2 Duration
  • 2.3 Conditions of Service Provision
  • 2.4 Limitations of Assignment of Rights
  • 2.5 Limitations of Use in Case of Emergency
  • 2.6 Application
  • 2.7 Completion of Contract
  • 2.8 Change of Services
  • 2.9 Change of Account Holder Information
  • 2.10 Succession of the Account Holder Position
  • 2.11 Termination of Contract by Account Holder
  • 2.12 Termination of Contract by Tsukaeru.net

Article 3 Termination of Service Provision

  • 3.1 Termination of Provision

Article 4 Fees

  • 4.1 Fees
  • 4.2 Payment Obligations
  • 4.3 Calculation of Fees
  • 4.4 Time and Method of Payment
  • 4.5 Extra Fees
  • 4.6 Delinquent Damages
  • 4.7 Payment Method of Delinquent Damages
  • 4.8 Consumption Tax
  • 4.9 Rounding of Fractions

Article 5 Support

Article 6 Handling of data

  • 6.1 Handling of Data
  • 6.2 Data Backup
  • 6.3 Daily Backup

Article 7 Compensation of Damages

  • 7.1 Limitation of Liability
  • 7.2 Exemption of Liability

Article 8 Miscellaneous Provisions

  • 8.1 Court of Jurisdiction
  • 8.2 Supplemental Provisions

Article 1 General Provisions

1.1 Application of the Terms of Use

  • 1.1.1 Tsukaeru.net Co., Ltd. (hereinafter referred to as “Tsukaeru.net”) shall define the terms of use of services (hereinafter referred to as “Terms of Use”) and shall provide the services (hereinafter referred to as “the Service”) according to the Terms of Use.
  • 1.1.2 A person who wishes to use the Service shall conclude a Service Contract with Tsukaeru.net in accordance with Article

1.2 Revision of Terms of Use

  • 1.1.2 A person who wishes to use the Service shall conclude a Service Contract with Tsukaeru.net in accordance with Article
  • 1.2.1 Tsukaeru.net may revise the Terms of Use. In this case, the fees and other conditions of the Service shall be defined in the revised Terms of Use.

1.3 Identity Verification Documents

For security reasons, we may ask you to provide documents to verify your identity. If you do not consent to providing such documents we reserve the right not to provide the Service.

Tsukaeru.net may require non-residents of Japan to provide identity 1 verification documents if accessing Tsukaeru.net from an IP address located outside Japan.

1.4 Types of Service

The details of the Service are displayed at http://en.tsukaeru.net/ .

1.5 Termination of Service

  • 1.5.1 Tsukaeru.net may terminate the Service in whole or in part at its discretion.
  • 1.5.2 Tsukaeru.net shall notify users of the Service no later than three months in advance when terminating the Service in whole or in part pursuant to the preceding paragraph.
  • 1.5.3 In case of termination of provision of all or part of the Service to the account holder by Tsukaeru.net before the end date of the Service, the account holder will be refunded into the bank account designated by him/her in accordance with the following formula. Tsukaeru.net shall not be liable for any refunds other than those described in this article.

    Formula

    Formula

    A = B x C/D

    Where A, B, C and D indicate the following

    A:
    The amount to be refunded
    B:
    The amount received from the account holder for the Service that has been terminated (except initial setup expenses and certain other fees)
    C:
    The period from the day after the Service was terminated to the original end of the Service date. (rounded down to the nearest month)
    D:
    The original period of use of the Service

    C and D are calculated in months.

Article 2 Contract

2.1 Contract

Those who wish to use the Service shall enter into a Service Contract in accordance with Article

2.6 [Application] and

2.7 [Completion of Contract]. In addition to the Terms of Use and the Service Contract, Tsukaeru.net may create other special agreements if necessary by publishing them on the web site http://www.tsukaeru.net/. In this case customers using the services (hereinafter referred to as account holders) are bound by the additional special agreements as well as the Terms of Use and the Service Contract. However, individual Service Contracts shall be concluded if an account holder makes multiple subscriptions to the Service.

2.2 Duration

  • 2.2.1 The duration of contract shall be over in multiples of one month from the commencing date which is, as stipulated in the first paragraph of Article 2.7 [Completion of Contract], the moment the payment for the Service has been confirmed by Tsukaeru.net. In case of direct bank transfer the commencing date is the following business day after the payment has arrived at Tsukaeru.net bank account. The account holder may specify a duration of longer than 1 month as the contract duration unit, in which case the duration unit is as selected by the account holder from the designated the contract duration units (hereinafter referred to as “available the contract duration units”).
  • 2.2.2 Unless the account holder informs Tsukaeru.net of his/her desire to terminate the Service through the ticket communication system (from hereinafter referred to as “ticket system“) 15 days prior to the end date of contract, the contract will be renewed automatically for the same period. If no payment is received within 5 business days of the renewal the duration of the contract before the renewal is considered finished and the Service will be stopped.
  • 2.2.3 Tsukaeru.net is not obligated to refund the Service fees or any other fees paid by the account holders, in any case, with the exception of cases specified in the Terms of Use.

2.3 Conditions of Service Provision

  • 2.3.1 Tsukaeru.net will specify one host, ID and password for each contract.。
  • 2.3.2 The account holder shall keep the information provided in

    2.3.1 confidential and shall take appropriate measures to protect Tsukaeru.net and third parties from damages caused by illegal use of the Service. Account holders shall remain liable for the damages caused by unauthorized or inappropriate use resulting from not abiding by this clause. In case that the account holder becomes aware of unauthorized use of ID, password or domain name by a third party, the account holder shall notify Tsukaeru.net of thisimmediately.

2.4 Limitations of Assignment of Rights

The account holder shall not assign, loan, pledge or otherwise dispose of the rights relating to the Terms of Use, individual Service Contracts or other associated special agreements such as the right to receive the Service without prior consent from Tsukaeru.net.

2.5 Limitations of Use in Case of Emergency

  • 2.5.1 In case of the following circumstances, Tsukaeru.net may suspend or limit some or all of the Service provided to account holder without prior notification.
    • (a) In the event of regular or emergency repair, maintenance or other work on equipment.
    • (b) In the event of servers or other equipment being moved.
    • (c) In the event of equipment failure or other unavoidable circumstances.
    • (d) In the event of natural disaster, fire, suspension of public services such as electricity, gas or water, war, riot, rebellion, civil unrest, labor dispute or other situations of force majeure.
    • (e) In the event priority is given to handling of communication required for preventing disasters, securing rescues, transportation or power supply, or maintaining order, or other communication which is urgently required for public benefit.
    • (f) In the case of other events where Tsukaeru.net judges it to be necessary to suspend the Service for operational or technical reasons.
  • 2.5.2 If the circumstances mentioned above occur and Tsukaeru.net determines that it is impossible to start provision of the Service within reasonable time, the account holder will be notified and provision of the Service may be stopped in whole or in part.
  • 2.5.3 If the Service is stopped, limited or suspended in whole or in part in accordance with this article, Tsukaeru.net shall not be liable for any damages caused by it to the account holder.

2.6 Application

  • 2.6.1 Application for the Service shall be made through the online registration process designated by Tsukaeru.net.
  • 2.6.2 Tsukaeru.net may ask applicants to submit documentation for identity verification.

2.7 Completion of Contract

  • 2.7.1 In the event that the application is accepted through the online registration process, Tsukaeru.net shall send the applicant a notification by email specifying the login information. The contract shall be deemed to be concluded on the date of the notification.
  • 2.7.2 In any of the following events, Tsukaeru.net may decline the application or cancel the acceptance of the contract by notifying the applicant.
    • (a) In the event that the circumstances of the applicant are or could be that as described in (e) or (k) in Article2.12.1 [Termination of Contract by Tsukaeru.net]; (b) or (g) in Article 3.1.1 [Suspension of Services]; or any of the following.
    • (b) In the event false statements are made on the application form or falsified documents are submitted.
    • (c) In the event an applicant applying for payment by credit card specified a credit card that cannot be used.
    • (d) In the event that the credit card designated by applicant is suspended by the credit card company.
    • (e) In the event of failure by an under aged applicant to obtain consent from a guardian.
    • (f) In any other event not mentioned above that Tsukaeru.net deems to hinder its operations.

2.8 Change of Services

  • 2.8.1 In the event that account holder desires to change the details of the Service, the account holder shall make an application for the changes by the method designated by Tsukaeru.net elsewhere.
  • 2.8.2 In the event of approval of the application described above, Tsukaeru.net shall notify the applicant of its acceptance.
  • 2.8.3 Tsukaeru.net may refuse an application which is difficult to fulfill due to technical reasons or there is a problem due to Tsukaeru.net operations. In such cases, Tsukaeru.net shall notify the applicant of its refusal.
  • 2.8.4 If the Service changes as described in

    2.8.1 require an additional fee, the Service change shall becomes effective once the payment is confirmed by Tsukaeru.net. If the payment is confirmed after 3 pm, the changes shall become effective the following day.

2.9 Change of account holder information

  • 2.9.1 If any of the following changes, the account holder shall give notice to Tsukaeru.net immediately:
    • (a) Name or title
    • (b) Address or domicile
    • (c) Particulars in relation to credit card or mailing address which are provided to Tsukaeru.net
  • 2.9.2 In the event of changes described in the preceding section, Tsukaeru.net may ask applicants to submit documentation verifying these changes.

2.10 Succession of the Account Holder Position

  • 2.10.1 In the event of the death of an individual who is the account holder, the Service Contract shall be terminated.
  • 2.10.2 In the event of the merger of an account holder that is a corporation, the account holder shall immediately notify Tsukaeru.net of the merger in writing, and Tsukaeru.net may terminate the Service Contract and associated special agreements within 14 days from the date of receiving the notification by informing the acquiring corporation via email. Unless Tsukaeru.net terminates the contract, the acquiring corporate body shall inherit all obligatory rights and obligations according to the Service Contract and associated special agreements.
  • 2.10.3 If the Terms of Use, Service Contract or other special agreements associated with the Terms of Use and Service Contract have been terminated, Tsukaeru.net does not be liable in any way toward heirs or corporation successor or any other person.

2.11 Termination of Contract by Account Holder

  • 2.11.1 In the event of termination of the Terms of Use by the account holder, the account holder shall notify Tsukaeru.net of the intent of termination and the Service Contract to be terminated through the ticket system which is the communication system between the account holder and Tsukaeru.net. After receiving the request for termination from the account holder, Tsukaeru.net shall perform the necessary procedures and send notification to the account holder upon the completion of termination. The termination of the Service Contract and associated special agreements shall be deemd to be completed at the time the notification is sent. Account holders shall send the termination request 15 days before the renewal date of the contract through the ticket system. Tsukaeru.net shall not return any payment of usage fees or other fees which are incurred due to the automatic renewal of the Service Contract even if intent to terminate is communicated after this time, with the exception of the circumstances described in paragraph 2 of this article.
  • 2.11.2 If the Service Contract and associated special agreements are terminated in accordance with the preceding paragraph, the account holder shall be refunded in accordance with the following formula using the same payment method as that used by said party to pay the Company. In the cases described in this article, Tsukaeru.net shall not be liable in any way other than the refund of this amount.. Refunds are not applicable the domain related products. For SSL certificate related products refunds are not applicable after 30 days.
    Formula:
    First, compare the duration of the terminated Service Contract and the billing cycle (1 month, 3 months, 6 month, 1 year, 2 years, etc.). The amount to be refunded to the account holder is calculated according to the following formula according to the time when the termination is completed.

    (If the original duration of the Service is the same as the minimum billing cycle)
    Refund is not applicable.

    (If the original duration of the Service is longer than the billing cycle)
    Define the closest possible billing cycle (hereinafter referred to as “specific billing cycle”) that includes the period from the first day of use until the day of termination of the terminated Service Contract (hereinafter referred to as “actual contract duration”]. (ex. if the service was terminated after 1 year and 3 months the closest possible billing cycle would be 1 year), and calculate as follows

    A = B – {(C×D÷E)+(B×0.1)}

    A, B, C, D, and E indicate the following

    A:
    amount to be refunded
    B:
    amount paid by the account holder
    C:
    The prescribed fee for the Service used within the specific billing cycle of the terminated Service Contract
    D:
    The period of time from the first day of the Service duration until the day of the termination of the Service Contract in months (partial months are rounded up)
    E:
    The specific billing cycle

    In the formula above, the fee refers to the Service fee as was applied on the day of the conclusion of the terminated Service Contract. If the value calculated according to the formula above is negative, Tsukaeru.net has no obligations to refund. Please, see the following example.

    Example

    • Plan:Platinum

      Duration: 

    • 2 years

      Fee: 

    • 141,120 yen (if it was a 1 year contract the fee would have been 77,760 yen)
    • Day of termination: after 1 year 3 months

      Amount to be refunded: 29,808 yen

    Calculation: 29808 yen =141,120 yen - (77,760 yen x 15 ÷ 12) -(141,120 yen x 0.1)

2.12 Termination of contract by Tsukaeru.net

  • 2.12.1 If any of the following items apply to the account holder Tsukaeru.net reserves the right to partially or entirely suspend the Service and terminate the Terms of Use, individual Service Contracts and terms and agreements associated with these without prior notice or warning to the account holder. Tsukaeru.net shall not be liable in any way for damages caused by suspension or termination of the Service.
    • (a) If Tsukaeru.net stops the Service in accordance with paragraph 1 of Article 3.1 [Termination of Provision] and the cause of the stoppage is not eliminated within 14 days.
    • (b) If it is deemed that any of the causes in paragraph 1 of Article 3.1 [Termination of Provision] may clearly hinder the provision of the Service.
    • (c) If it has been determined that the account holder has provided false information in the application or submitted fraudulent documentation.
    • (d) If entered information is falsified.
    • (e) In the event of seizure, provisional seizure, or a petition for public auction, filing for initiation of bankruptcy proceedings, filing for initiation of civil rehabilitation proceedings or filing for initiation of corporate reorganization proceedings.
    • (f) If subject to a collection notice or protective seizure due to failure to pay taxes and dues.
    • (g) In the event of becoming unable to pay, suspension of payment of a bill or note being dishonored.
    • (h) In the event of a resolution for dissolution or assignment of all or a significant portion of the business.
    • (i) In the event a guardian, curator or assistant is assigned .
    • (j) In case Tsukaeru.net is damaged due to defamation or slander.
    • (k) In case of any other behavior deemed unsuitable by Tsukaeru.net.
  • 2.12.2 If any of the any of the items below apply to the account holder, the account holder’s obligations toward Tsukaeru.net shall be accelerated without notice or warning from Tsukaeru.net, and the account holder may not object to any requests from Tsukaeru.net to perform all obligations.
  • 2.12.3 Tsukaeru.net may charge the account holder for any damages to Tsukaeru.net that arise as a result of any of the above items applying to the account holder.
  • 2.12.4 The provisions in this article shall rem

    ain in effect even if the Terms of Use, individual Service Contracts or other associated special agreements are terminated partially or entirely.

Article 3 Termination of Service Provision

3.1 Termination of Provision

  • 3.1.1 In the event of the following applies to the account holder, Tsukaeru.net may terminate the provision of the Service.
    • (a) In the event of failure to to pay the Service fees or other prescribed fees, or when in violation of any of the provisions in the Terms of Use, individual Service Agreements or terms and agreements associated with these.
    • (b) In the event that the Service is used in the manner described below.
      • i. Acts which infringe or may infringe on personal interests such as honor, confidence or privacy of Tsukaeru.net or third parties.
      • ii. Acts which infringe or may infringe on the copyright and other intellectual property rights of Tsukaeru.net or third parties.
      • iii. Acts which infringe or may infringe on any interest of Tsukaeru.net or third parties which deserves legal protection.
      • iv. Criminal acts or acts which instigate or facilitate criminal acts, or acts which may cause such acts.
      • v. Acts which violate or may violate the Public Offices Election Act.
      • vi. Acts which violate court decisions or any other decisions by administrative offices or local government agencies.
      • vii. Acts which provide or may provide false information intentionally.
      • viii. Acts which obstruct or may obstruct the provision of the Service by Tsukaeru.net.
      • viv. Acts which burden or may burden the network or hardware of Tsukaeru.net heavily.
      • x. Acts which place excessive load on server equipment due to an extremely large total number of files on the server.
      • xi. Acts which use or may use the Service by a method or in a manner which hinder or may hinder the use of the Service by third parties.
      • xii. Acts which use or may use IDs or passwords wrongfully.
      • xiii. Acts which use such computer programs as computer viruses that harm or may harm the business of others, provide such computer programs to third parties or acts which may use or provide them.
      • xiv. Acts which are or are similar to sex-related image transmission for amusement which are stipulated by the Act on Control and Improvement of Amusement Business, etc..
      • xv. Acts that are or are similar to transmission of adult, dating, child pornography or child abuse content.
      • xvi. Other acts which use the Service by methods or in a manner which infringes legal profits of others, and/or offends public order and morals.
      • xvii. Acts that Tsukaeru.net might consider unsuitable for the use with the Service.
    • (c) In the event of installing the following CGI or remodeled version of CGI on a shared server.
      • Hakoniwashoto
      • FF ADVENTURE
      • DQ BATTLER
      • Script Of Saga II by MISSING LINK

        Integrated bulletin boards affiliated with 2ch

      • 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 packages including it

        CGI in relation with tanken.cgi or packages including it.

        Other CGI issuing commands

        CGI in relation with proxy.cgi or packages including it

        CGI in relation with whois.cgi or packages including it

        CGI in relation with flood.cgi or packages including it

        CGI in relation with sendmail.cgi or packages 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 the facilities, Tsukaeru.net reserves the right to send a warning statement to the account holders and temporarily suspend provision of the Service in whole or in part. In case of emergency, the warning statement may be sent after the Services have been stopped. Unless improvement occurs within 5 days after the warning, Tsukaeru.net may take appropriate measures at its own discretion and cancel the provision of the Service to the account holder in whole or in part.。

    • (d) In the event that credit collection agents or financial institutions are unable to use the credit card designated by the account holder.
    • (e) In the event of installing an IRC server, or running program that connects to IRC servers without permission from Tsukaeru.net.
    • (f) 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 the right to use Tsukaeru.net’s server space or other usage right other than the Business Pro Plan.
      • iii. Uploading of more than 50,000 files to the server assigned in the Service Contract, or acts that place or may place excessive load on the server.
    • (g) 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.
    • (h) Other action Tsukaeru.net deems to be inappropriate.
  • 3.1.2 If Tsukaeru.net finds acts such as sending spam mails and supporting the dispatch of spam mails, or if the IP address of the account holder is deemed to be registered in the spam mail database, Tsukaeru.net may cancel the Service without notice. The Service may be resumed after all of the problematic contents are deleted from the server and the IP address is changed to an address that is not registered in the spam mail database.
  • 3.1.3 In the event that provision of the Service is suspended in accordance with the preceding paragraph, Tsukaeru.net shall notify the account holders of the reason and the date and period of the suspension. In case of emergency or unavoidable circumstances, Tsukaeru.net may notify account holders of the suspension after the fact.
  • 3.1.4 In the event that this Service was restarted after being suspended in whole or in part in accordance with paragraph 2 above and Tsukaeru.net finds that acts such as sending spam mails and supporting the dispatch of spam mails have not ceased or the IP address has not been changed within 10 days of notification, Tsukaeru.net may cancel the Terms of Use, the Service Contract and other terms and agreements associated with these in whole or in part without any notification to the account holder.
  • 3.1.5 In the event of the Service being suspended in whole or in part in accordance with paragraph 2 above, Tsukaeru.net shall charge the account holder 52,500 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 by a person whom the account holder assists, Tsukaeru.net may investigate the data on the server and the transmissions made by the account holder, and the account holder shall pay 52,500 yen as fees for investigation and countermeasures.
  • 3.1.6 If the Terms of Use or the Service Contract is suspended or terminated in whole or in part in accordance with this article, Tsukaeru.net shall not be liable for any damages that might be caused to the account holder due to these actions.
  • 3.1.7 These provisions do not prevent Tsukaeru.net from charging account holders for damages. These provisions stay in effect even if these Terms of Use or other related agreements are terminated.

Article 4 Fees

4.1 Fees

The fees for this Service shall be determined according to the price list displayed at http://en.tsukaeru.net

4.2 Payment obligations

  • 4.2.1 The account holder shall be obligated to pay the fee in the amount indicated in Article 4.1 [Fees].
  • 4.2.2 Even if the provision of the Service is suspended or stopped according to Article 3.1[Termination of Provision], the fee for the Service shall be calculated by supposing that the said Service is provided.
  • 4.2.3 In the event Tsukaeru.net cancels the acceptance of a contract in accordance with the provisions in paragraph 2 of Article 2.7 [Completion of Contract], Tsukaeru.net may request the applicant to pay compensation equivalent to the Service fees and other prescribed fees the applicant should have paid if the Service Contract was completed. Once the payment request is received the account holder shall make the payment using a payment method specified at http://www.tsukaeru.net/.

4.3 Calculation of Fees

  • 4.3.1 The service fee of the account holder shall be calculated per duration of the contract as the billing cycle commencing from the starting date of the Service.
  • 4.3.2 The date of termination shall be the last day of the billing cycle (except if the contract is terminated before the contract expires), and the fee of the said billing cycle shall be the same amount as the monthly fee to the last day of the said billing cycle.
  • 4.3.3 Even if the Service Contract is terminated before the expiration of the contract, the account holder shall pay the full amount for the Service for the contract period in a lump sum within 2 weeks from the date of termination.

4.4 Time and Method of Payment

  • 4.4.1 The account holder may select one of the payment methods for Service Contracts indicated on the web site at http://www.tsukaeru.net/en .

    4.4.2 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 Tsukaeru.net shall not assume any responsibility.

4.5 Extra Fees

Account holders who do not pay due fees shall pay an extra fee, which is the same amount as the unpaid amount, by the date designated by Tsukaeru.net.

4.6 Delinquent Damages

Unless the account holder pays the fee and other liabilities by the payment due date, the account holder shall pay 14.6% per 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 Tsukaeru.net. In addition, 210 yen shall be charged for delinquency. The provisions of this section will remain in effect even after termination of a part or of the whole Terms of Use, Service Contract or special agreements associated with these terms and agreements.

4.7 Payment Method of Delinquent Damages

Payment relating to Article 4.5 [Extra Fees] and Article 4.6 [Delinquent Damages] shall be settled by a method designated by Tsukaeru.net.

4.8 Consumption Tax

If consumption tax and local consumption tax on Service fees and other prescribed fees exceed 5%, Tsukaeru.net shall be deemed to have revised the amount of such fees by adding the amount corresponding to the tax rate exceeding 5% without providing prior notice to the account holder.

4.9 Rounding of Fractions

Tsukaeru.net shall calculate fees by discarding the fractions of less than one yen.

Article 5 Support

5.1 Support

The scope of Tsukaeru.net support shall be limited to the matters as outlined in Tsukaeru.net’s specifications. General knowledge, which is disclosed in literature and on the Internet (ex: how to use a regular server program and syntax of programming languages etc), is not included in support. Tsukaeru.net may provide support exceeding this scope for the convenience of the account holder, but this shall not constitute a guarantee for the continuous provision of support.

Details of support for shared servers are provided at http://www.tsukaeru.net/plans/share/support.php

Details of support for services other than shared servers are provided at http://www.tsukaeru.net/plans/vps/support.php

Article 6 Handling of Data

6.1 Handling of Data

Tsukaeru.net shall not be liable for any direct or indirect damage to the account holder or to the third party caused by loss, damage, leakage or use other than the original purpose of data on Tsukaeru.net’s servers or data accumulated and used by the account holder. However, Tsukaeru.net may provide compensation stipulated in Article 6.3 [Daily Backup] with regard to the backup data of daily backups.

6.2 Data Backup

In the process of providing the Service, Tsukaeru.net may make a copy of the data in the contract host for the recovery of malfunction or suspension of server etc.

6.3 Daily backup

In the process of providing the Service, Tsukaeru.net may make a copy of the data on the contracted host for the purpose of recovery from malfunction or suspension of server equipment, etc.

  • (a) Daily backup service guarantees a daily backup of the data stored with the account holders’ server. In the event of failure to recover from the backup data, Tsukaeru.net shall provide the server service free for up to 3 months. Tsukaeru.net shall not be liable for any other form of compensation.

Article 7 Compensation for Damages

7.1 Limitation of Liability

In the event of failure by Tsukaeru.net to provide the Service to the account holder for reasons attributable to Tsukaeru.net, and if the account holder are unable to use the Service for 72 consecutive hours from the time Tsukaeru.net realizes the failure to provide the Service, or the account holder is unable to use the Service during more than 120 hours in one billable month, Tsukaeru.net shall compensate the account holder from any loss up to but not exceeding the monthly fee according to the request of account holders. If the account holder fails to make the said request within 3 months from the date account holders can make such request, the account holder shall lose the right of such request. For the purposes of this paragraph the terms [month], [billable month] and [monthly fee] are used as follows.

  • (a) ”Month” is the period of time between the starting date and finish date of the Service. If the starting date of the Service is the first day of the month, it is the period of time until the last day of the month. If the start date of the Service is not the first day of the month, it is the period of time until the day before the same date of the following month (or the last day of the month if the following month foes not have the same date). If the duration of contract is more than 1 month such as 3 months or 6 months, it is each month following the first month within duration of contract.
  • (b) ”Billable month” corresponds to month described in the preceding paragraph.
  • (c) ”Monthly fee“ the amount that is to be paid for the entire duration of service (with the exception of setup fee and other special fees) divided by the number of months

7.2 Exemption of Liability

Tsukaeru.net shall not be liable for any damage attributable to the corruption or loss of information relating to the Service by the account holders, or any damage attributable to information obtained by account holders from the Service, regardless of the cause of such losses.

Article 8 Miscellaneous Provisions

8.1 Court of Jurisdiction

  • 8.1.1 In the event of any dispute arising from the Terms of Use, Service Contract or special agreements associated with these terms and agreements, or any other dispute related to the provision of the Service, the district court which has jurisdiction over the address of the Tsukaeru.net headquarters shall have exclusive jurisdiction in the first instance over such dispute.
  • 8.1.2 Any question arising out of, or in connection with this Terms of Use, Service Contract or special agreements associated with these terms and agreements or any matter not stipulated in the Terms of Use, Service Contract or special agreements associated with these terms and agreements shall be resolved each time upon consultation between both parties.

8.2 Supplemental Provisions

7.8.1 These Terms of Use shall be effective from October 15, 2004.

November 22, 2004 − Addition of scope of support

July 1, 2007 – Change of corporate name by transfer of business to JMF Co., Ltd.

August 22, 2007 -Partial revision of “6.3 Daily Backup”

November 1, 2007 −Partial addition of “3.1.2 Cancellation of Services and Dispatch of Spam Mail”

November 6, 2007 −Partial revision of “2.11 Termination of Terms of Use by Account Holder”

November 6, 2007 – Partial revision of “ 4.6 Delinquent Damages”

March 18, 2008 – Partial addition of “3.2.2 Cancellation of Services and Dispatch of Spam Mail”

October 5,2009 – Partial revision of “3.1 Termination of Provision”

November 1, 2009 – Change of corporate name to Tsukaeru.net Co., Ltd.

November 13, 2009 – Partial addition of “3.1 Termination of Provision”

July 13, 2010 – Overall revision

September 1, 2010 – Revision of “1.3 Service Area”

Partial revision of “2.11 Termination of Contract by Account Holder”

2010 Current version

December 13, 2010 – Partial revision of “1.3 Identity Verification Documents”

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