ConoHa Membership Terms and Conditions
* All Terms and Conditions are available in Japanese; this translation is only for reference.
Section 1 General Provisions
Article 1 (Scope of Application of this Agreement)
- This ConoHa Membership Terms and Conditions (hereinafter referred to as “this agreement”) defines the conditions to be applied between members (as defined in Article 2) using hosting services or related services under the name “ConoHa” (hereinafter referred to as “this service”) and GMO Internet, Inc. (hereinafter referred to as “the company”).
- In addition to this agreement, members will be subject to notices, etc. from the company as well as rules, guidelines, considerations, web site contents, etc., separately determined by the company (hereinafter referred to as the agreements, etc.). By using this service and registering as a member, it is assumed that members have read, understood, and agreed to the agreements, etc. and have applied to use this service.
- In the event that the company carries out a membership registration application, it is assumed that the member has applied for the use of this service and has considered and agreed to the agreements, etc.
Article 2 (Definitions)
The terminology used in the agreements, etc. will have their meaning set forth in the provisions within each of the following.
- (1) “Member” is a term limited to a person who has agreed to the agreements, etc. and has been granted membership as provided for in Article 5.
- (2) “Member ID” is a number that is granted to each member as an identification number.
- (3) “Personal Information” is information wherein it is possible to identify a person including, but not limited to: name, address, date of birth, and other descriptive information (information with which the company can easily reference with other information to identify a specific individual).
Article 3 (Modification of the Agreements)
- This company may modify the agreements, etc. without receiving consent from members at any time. In this case, the company shall notify the members in accordance with the methods prescribed in Article 4, except for cases where it has been separately determined. It is assumed that the agreements, etc. become effective at the time they are posted to the website after being modified.
- It is assumed that members will act in accordance with the modified agreements, etc. It is assumed that members that register or use this service after the modification agree to the agreements, etc. after they have been modified.
Article 4 (Notices from the Company)
- If it is decided that it is necessary for the company to notify the members, it will be done in the method deemed appropriate by the company whether it be through fax, website posting, or email, etc.
- Notifications in the preceding paragraph will be assumed to have reached the member (i) at the time the notification is outbound from the company if sent by email, fax, or writing (however, if a member has applied for the use of electromagnetic means of notice acceptance, it will be from the time it is received); (ii) at the time of posting if done by uploading a post to the company’s website by the company.
Section 2 Membership Registration
Article 5 (Membership Registration)
- Persons who wish to apply for membership (hereinafter referred to as “applicants”) must complete a membership registration application by a method determined separately by the company in advance and provide the company with specified information (hereinafter referred to as “membership registration information”).
- Individuals, corporations, and other organizations can become members. However, if the organization does not have a legal personality, one person belonging to the organization must register as a representative member.
- To qualify as a member (hereinafter referred to as “membership”), applicants must complete a registration application and membership shall be granted when the company has issued a member ID.
- It is assumed that the company, at its own discretion, may perform a review of applicants and, based upon those results, may not accept their membership application.
- In cases where the company does not accept a membership application, the company does not assume any responsibility for damages, loss, cost, burden, or the like caused to the applicant or a third party, and assumes no obligation to disclose its reasoning to the applicant.
- Members can acquire more than one membership. However, multiple memberships cannot be integrated into one membership. In addition, one membership cannot be split into multiple memberships.
Article 6 (Validity Period of Membership)
- Membership, from the day the company grants membership, will continue to be effective without passing through special procedures until the deregistration procedures set forth in Article 7 (Membership Deregistration) or Article 8 (Membership Cancellation) have been completed.
- Even if a member no longer uses this service, unless specified otherwise in the agreements, etc., his membership will remain in effect.
- As a matter of course, if a member has lost his membership for any reason, he shall lose eligibility for all services granted by the membership.
Article 7 (Membership Unsubscription)
- A member, in accordance with the procedures stipulated by the company, may cancel their membership anytime (hereinafter ‘unsubscribe’). The company may regard a member’s intention to unsubscribe as a gesture to surrender his/her use of all the services granted within the membership.
- Members, despite withdrawal, shall not escape the fulfillment of obligations under the agreements, etc. or charges incurred for this service at the time of withdrawal.
- The company does not assume any responsibility for damages unsubscribing may cause to the member or a third party.
Article 8 (Company Cancellation of Member Registration)
- In the event that a member falls under any of the following, it is assumed that it is possible for the company to delete or suspend the membership without requiring any notification or reminders.
- (1) If a member is found to be non-existent
- (2) If a mail sent to the member’s home address is returned, regardless of the reason, and the company cannot get in touch with the member by phone, email, fax, etc.
- (3) If a member has violated the agreements, etc., or if there is a possibility of violation
- (4) If a member violates, or is at risk of violating, any agreements, etc. related to the service when using other subsidiaries and affiliates provided by the company
- (5) If a member has received a clearinghouse trading suspension disposal, received seized member assets, provisional seizures, provisionals dispositions, or petitions enforcement, or when subjected to delinquency of taxes and public dues
- (6) If a member (in the case of corporations and organizations, their representative member) has received commencement of guardianship
- (7) If a member (in the case of corporations and organizations, their representative member) is an adult ward, minor, or is either a person under assistance or curatorship and has proceeded to register without gaining permission from legal representative, guardian, or curator
- (8) If there is a petition for the commencement of special liquidation or civil rehabilitation proceedings, bankruptcy proceedings, or corporation reorganization proceedings for the member
- (9) If a member has sent information that has clerical errors, is false, or has omissions; in addition, in the event of a fraud
- (10) If a member’s credit card is deemed invalid by the credit card company
- (11) If there is a technical or performance problem in the operations of this company including provision of this service
- (12) In addition to the previous items, in the event that the company deems the member ineligible
- If a member causes a loss of time, etc. to the company due to any of the items in Paragraph 1 of this article, he will be obligated to immediately pay a lump sum to the company. Even in this case it is assumed that the company has the unimpeded right to seek damages against the person who was a member.
- The company shall have no obligation to disclose the reason for membership cancellation or suspension and assumes no responsibility whatsoever for damages to the member or any third party resulting from temporary suspension of membership, or due to cancellation.
Article 9 (Personal Information Protection)
The company will handle personal information in accordance with the “Handling of Personal Information” determined separately and published by the company and it is assumed that members agree to this.
Section 3 Member Rights and Obligations
Article 10 (Third-party Provision of Services)
- Members are responsible for providing their names to third party services similar to this service. However, in certain cases, with respect to the third party, members shall comply with the conditions and prohibitions upon the use of this service set forth in the agreements, etc. (including, but not limited to each item in Paragraph 1 of Article 21).
- In the provisions of the preceding paragraph it does not mean that the company is authorizing the use of this service’s trademarks, logos, names, etc. to the members.
- When a member provides services to a third party in the same manner as in the present service based on Paragraph 1, the member will be fully aware that there are cases in which he is responsible for notification of telecommunication businesses based on the Telecommunications Business Law, and will investigate and comply with the laws and regulations applying to the member’s responsibilities.
- Members, even when providing a third party service similar to this service based on Paragraph 1, will understand that they agree to take full responsibility for the actions of the third party.
Article 11 (Prohibition of Transferring Rights)
Except as set forth separately in these agreements, etc., members must not dispose of their full or parts of rights and obligations to a third party for rent, use, succession, etc. under these agreements as well as their membership.
Article 12 (Development of User Environment)
Members shall prepare communication devices, telecommunication lines, software, and other equipment necessary to use the service and to register as a member in their own expense and responsibility, and apply for member registration and use the service.
Article 13 (Proper Management of Member IDs)
- Members have the duty of taking care of and managing their member ID and other IDs that have been granted by the company including passwords that have been set by the member (including, but not limited to the “member ID”).
- It is assumed that members will notify the company immediately when they forget, leak, or have their member ID stolen, and will follow the instructions of the company.
- Members using member IDs, etc. to use this service agree that regardless of the presence or absence of the notice set forth in the preceding paragraph, it is considered to be being used by the members themselves (including cases wherein a third party provides a service similar to that of this service based on Article 10).
- The company does not assume any responsibility for damages caused by member ID leakage, theft, etc., or for those that are caused by a third party, etc.
Article 14 (Notification of Change of Membership Information)
- It is assumed that the member will alert the company immediately of an error or change in member information reported to the company using methods prescribed by the company.
- Members cannot change their first and last name, trade name, legal entity, corporate name, or organization name from what was reported to the company initially. However, this does not apply to the following provisions.
- (1) If the member’s surname changes through marriage
- (2) For corporate persons and other organizations (hereinafter referred to as “corporate members”), if there is a change of trade name or organization name
- (3) In addition to the above provisions, the company offers this service in the event it is deemed particularly necessary
- For corporate members, when a merger or the like occurs on the grounds that they inherit all of the rights and obligations from that position, corporations or others shall inherit the position of the member provided there are no particular declarations of intentions.
- Members that inherit membership in the case of the preceding paragraph are considered to agree to the agreements, etc. at the time of the inheritance. In addition, through methods prescribed by the company, members must immediately notify the company of the change.
- The company shall not assume any responsibility for damages, etc. caused to the member or a third party as a result of not notifying of this article’s provisions.
Section 4 This Service
Article 15 (This Service)
This service is composed of a hosting service (hereinafter referred to as a “basic service”) and various services in relation to or associated with this (hereinafter referred to as “optional services”). Details of the basic service of this service and optional services are set forth on the service website.
Article 16 (Service Use Procedures)
- Members can apply for the use of this service through the control panel service that the company provides for members. Members must make use of the basic services at least once.
- The company, when an application has been submitted as in the preceding paragraph, it is assumed that the company will start procedures prescribed by the company. Furthermore, agreements on the use of the service between the company and the members (hereinafter referred to as “contract”) shall be in effect once it is displayed on our website that the usage activation procedure is complete.
- The company can investigate and examine the membership at any time, at the company’s discretion, either before or after the usage contract. Based on the results of investigation, if the company determines anything to be inappropriate, it may not accept the application of such persons or may cancel such member’s subscription.
- In cases in which the company does not accept the application for membership or cancels the membership, the company is under no obligation to disclose its reasons for doing so. Also, the company shall not assume any responsibility for any damages that such measures may cause to the member or a third party.
Article 17 (Usage Fees)
- It is assumed that members, in accordance with the agreements, etc., shall pay for service charges, fees, and other charges (hereinafter referred to as “usage fees, etc.”) that are specified.
- The company will notify the member by a method as defined in Article 4 (Notification from Company) on details of usage charges, etc. for this service.
- The company may need to implement promotions, events, etc. and if the company does so, it is possible that there will be temporary changes to usage charges, etc.
Article 18 (Payment Method)
- Members shall pay the fees with a method specified by the company. Transfer fees, etc. based on the payment method of the usage fees shall be borne by the member.
- Members shall pay the usage fees by the payment deadline separately determined by the company.
- When a member does not pay the usage fees, without notice or other procedures, the company can take any measures necessary including cancellation or suspension of the provision of services and membership. The company assumes no responsibility whatsoever for damages to members or third parties arising from these measures.
- We will notify members by way of billing and the statement as prescribed in Article 4 (Notices from the Company).
Article 19 (Service Cancellation)
- If a member wishes to terminate his service, it is assumed that it is possible to cancel at any time in a manner designated by the company. However, as there is a minimum period of use prescribed separately by the company, if a member terminates his service contract prior to the end of this period, he shall pay penalty fees and the like (hereinafter referred to as “penalties, etc.”) that will be separately determined.
- When the basic service of this service has been canceled pursuant to the provisions in the preceding paragraph, it is assumed that all optional services provided in association with this service will be terminated on the cancellation date.
- Even if a member terminates his membership in accordance with the provisions of the preceding two paragraphs, any usage fees, etc., that are already received for optional services shall not be refunded.
- Penalty specified in the Paragraph 1 is not an expected amount of the compensation for damages incurred by the cancellation; rather, it shall not prevent the company to demand the member for compensation exceeding the penalty.
Section 5 Service Provider By-laws
Article 20 (Principle of Self-Responsibility)
- The member is fully responsible for any data, information, text, software, images, audio, etc (hereinafter referred to as the data, etc) that he publishes, sends, stores, or registers using this service, and must not cause any damage or trouble to the company. Additionally, if the company suffers a loss, etc. for the data a member publishes, creates, stores, registers, etc., the member shall immediately compensate for the damages.
- A member shall absolve the company of any responsibility with respect to the use of this service when there is damage to third parties, members of the company, etc. and the member shall be assumed responsible, at the expense of oneself, to compensate for the damages.
Article 21 (Prohibited Acts)
- It is assumed that members, by using this service, will not engage in the following acts described in the following provisions.
- (1) Acts of infringement of rights held by other members, third parties, or the company’s copyright, trademark rights, or on the suspicion of such acts
- (2) Acts of infringement of privacy held by other members, third parties, or other acts that compromise these
- (3) Acts that may be detrimental or damaging to other members, third parties, this company, or on the suspicion of such acts
- (4) Acts that discriminate unfairly against or defame the credit and honor of other members or third parties, such as facilitating slander, insult, or discrimination
- (5) Acts such as buying, selling, and transferring of personal information of other members, third parties, or on the suspicion of such acts
- (6) Acts contrary to public order and morals, acts that encourage it, or on the suspicion of such acts
- (7) Acts in violation of laws and regulations or the act of providing a third party or other members with information contrary to public order and morals
- (8) Acts in violation of the contract concerning transactions between the company, laws and regulations, terms and conditions, criminal acts, or acts that may be applicable to aiding, abetting, etc.
- (9) Acts of providing information that is contrary to facts or on the suspicion of such acts
- (10) Acts of tampering with the information of other members, third parties, or the company
- (11) Acts of pretending to register as a third party non-member, or acts of using this service, or acts of displaying or receiving transmitted information
- (12) Acts of unauthorized use of member IDs or other unauthorized use
- (13) Acts of providing harmful programs such as computer viruses or related items through this service
- (14) Acts that interfere with the operation of this service or other services the company provides or on the suspicion of such acts
- (15) Acts that hurt the credit and honor of the company, the service or services provided by the company, or on the suspicion of such acts
- (16) Acts corresponding to the display or sending of documents, images, video, voice, etc. that have to do with obscenity, child abuse, or child pornography; acts of selling recordings such as these; or acts that send or display advertisements that evoke their transmission, display, or sales
- (17) Acts of unauthorized drug advertising
- (18) Acts of opening a pyramid (pyramid scheme) or solicitation
- (19) Acts of advertising or sending mail solicitation to other members or a third party via this service without the consent of a third party or other members; acts of sending emails that are against conventional wisdom to others, or delivering information to destinations not pre-approved; or acts that involve, regardless of prior approval, the delivery of large volumes of email for a period of time
- (20) Acts that may be detrimental to other members, third parties, or the company’s facilities, etc.
- (21) Acts of sending information that goes against conventional wisdom to others or third parties that contains cruel information such as images of murder scenes or animal abuse
- (22) Acts of attempting to solicit or attract suicide or acts of introducing other means that are at a high-risk of harming third parties
- (23) Acts that fall under any of the previous provisions, or acts of installing links to the website to which information has been published to promote the aforementioned acts
- (24) In addition to what is provided for the preceding items, acts that provide characters, images, voice methods, etc. intending to inflame sexual curiosity to a third party or similar acts
- (25) Acts that the company deems inappropriate other than the preceding provisions
- If a member’s actions fall under any of the preceding provisions, the responsibility and burden goes to the member to resolve any claims of litigation, etc. that come of it.
Article 22 (Handling of Information in Relation to this Service)
- Members, no matter the mode or method, shall not have their information provided to the company with respect to their present service and membership registration used beyond the application, etc. that is not within our range of private use set forth in the Copyright Act without obtaining permission in advance (hereinafter referred to as “entitled persons”).
- Members, no matter the mode or method, must not provide, disclose, or leak information about the present service or registration to a third party without obtaining permission of the copyright holder or the company or use it for any purposes other than this service. However, if the member provides services to third parties in the same manner as in the present services based on Article 10, members will be required to handle information as provided in this article.
Article 23 (Deletion of Information)
The company, if applicable in any of the following (or if there is a possibility), may ask the member to remove data that he or she has published, sent, stored, or registered using this service, or the company may delete the data without notifying the member.
- (1) If the published, sent, stored, or registered data fall under the prohibited acts set forth in Article 21 (Prohibited Acts) Paragraph 1
- (2) If request for deletion by third parties (due to the Provider Liability Limitation Law Act on the disclosure of information and liability for damages (specified by telecommunications service providers) including, but not limited to, transmission prevention measures)
- (3) When there is a claim of damages from a third party with respect to such information
- (4) In addition to the preceding, if the company finds it necessary to delete the information
- For all responsibilities concerning membership by using this service, publishing or storing data, the company is under no obligation under the preceding paragraph regarding monitoring and deleting the data, etc. and will assume no responsibility for damages incurred to third parties or members.
- The company shall charge the member for any fees incurring from actions taken according to Paragraph 1 (including fees and expenses of experts including, but not limited to, lawyers) and the member shall respond to the request.
Article 24 (Usage Restrictions)
- If a member falls under any of the following, without notice or other procedures, the company can take any necessary measures including cancellation or suspension of the provision of services and membership.
- (1) Acts, regardless of the intent of the member, that lead to a virus distributed via the service, or the transmission of many unspecified numbers, or on the suspicion of such acts
- (2) Acts that have a possibility of affecting all or parts of this service or other services
- (3) Acts that fall under any provisions in Article 8 (Deregistration) Paragraph 1 or Article 21 (Prohibited Acts) Paragraph 1, or the acts of using this service and membership registration content in a similar manner
- (4) In addition to the above provisions, if there is an urgent need for the company to limit services
- It is assumed that if the company implements any of the measures set forth in the preceding paragraph so that the member cannot use the service, the company shall not take any responsibility for damages such measures may cause to the third parties or other members.
Article 25 (Handling Information Harmful to Minors)
- Members, by using this service, shall note their efforts and obligations under Article 21 in regards to the safe and secure youth internet use act (No. 79 of 2008 hereinafter referred to as “Youth Internet Environment Improvement Act”) that is specific to server administration (hereinafter referred to as “specified server administrator) in Article 2, Paragraph 11.
- In case a member becomes a specific server manager by using this service, if he or she finds out that harmful information to youths (information that significantly inhibits the healthy growth of youths, excluding those outlined in the Paragraph 1 of Article 21 (Prohibited Acts)) has been sent, or the member him/herself has sent it by using the server, the member shall take actions to reduce the chance that youths view such information as outlined below.
- (1) Make it clear that the information applies to those 18 years of age or older
- (2) Develop a system wherein only those who are over 18 years of age can browse information by implementing methods such as requiring age verification to view contents
- (3) Delete information harmful to minors
- (4) Notify filtering service operators of the URLs containing information harmful to minors
- If the company finds out that a member has sent information harmful to youths using this service, based on Article 21 of the Youth Internet Environment Improvement Act, the company will notify the originator of the information as well as ask the member to take actions to reduce the chance of youths viewing such information as outlined in the preceding paragraph.
- If notified as in the preceding paragraph and the member does not feel the information is harmful to youth, the company may still ask him/her to take measures to reduce the chance of youth viewing such contents by using filtering in addition to measures outlined in Paragraph 2 (4).
Article 26 (Development of Contact Reception System)
- If a member becomes a specific server manager by using this service or distribute documents or images for election campaign by using this service, the member must prepare a system to receive contacts from the third party to prevent any problems related with transmitting information based on laws and regulations, following the methods outlined below.
- (1) Provide a contact form for the third party relating to using this service to transmit information
- (2) Disclose contact email address and other contact information relating to using this service to transmit information
- Members, upon using this service, shall notify the company of contacts that may be contacted.
Article 27 (Elimination of Antisocial Influence)
- Members guarantee to the company on the application date of membership registration and on the application date of service use that persons specified in each of the following (in the case of corporations or other organizations they are board members, auditors, directors, operational executives and executive officers) are not affiliated with any of the following.
- (1) Organized crime groups
- (2) Members of organized crime groups (including those associated as well) or those who were members within the five previous years
- (3) If those specified, investors, members of organizations, or others with important positions are affiliated with companies related to organized crime groups
- (4) Members of specialized intelligence gangs, organizations that are related to political activity advocates, social movement activists, or extortionists
- (5) Persons who are analogous to any of the preceding
- The members themselves or third parties pledge that they will not take any actions listed in the following.
- (1) Acts of forceful demand
- (2) Acts of unreasonable demand beyond the legal responsibility
- (3) Acts of trades carried out with threatening behavior or violence
- (4) Acts of disseminating rumors, tarnishing the company’s credit by fraudulent means or power, or interfering with the operations of the Company Act
- (5) Acts analogous to any of the preceding
- The company, after having granted membership, is assumed to be able to cancel the membership held by all members without requiring any procedures, notifications, or reminds where (a) there are reasonable grounds to believe inaccurate or false information has occurred or is found as set forth in Paragraph 1. (b) Furthermore, in the event that the pledge defined in the preceding paragraph is found to be violated.
- Cancellation of membership as described in this section does prevent, in any way, claims for damages from the members.
- The company shall not assume any responsibility for damages, etc. caused to a third party or members.
Article 28 (Suspension of Service)
- The company, to enforce measures deemed necessary, may stop the provision of services in whole or parts without notifying the members in advance if any of the following is applicable.
- (1) If there is a situation beyond reasonable control of the company that occurs or could possibly occur, such as natural disasters, epidemics, radioactive contamination, large-scale pollution, or others
- (2) If for any unavoidable reasons failure occurs due to construction, maintenance on telecommunications equipment, or others
- (3) If regulated by laws and regulations
- The company does not assume any responsibility for damages to a member or third party caused by all or part of the provisions of this service suspended based on the preceding paragraph.
Article 29 (Equipment Repair or Recovery)
- If a member has found abnormalities within our services or facilities during the use of this service, and if it is confirmed that there is no failure on the member’s part and he has confirmed it at his own expense, the member may make a claim to the company for restorations or repairs.
- If there is a failure within the company’s services or facilities, we shall endeavor to repair and recover the equipment as soon as possible.
Article 30 (Damages)
- In the event that the company’s provided services are not provided to members for reasons attributable to the company, time starting from when the company learns of the failure (hereinafter referred to as “time of failure”), the company will only compensate for damages as result of a continuous 24 hour lack of service. However, the company does not assume any responsibility for members who use this service for business or corporations (hereinafter called “company members”).
- In the event that the company must compensate for damages for a membership of one month, the upper limit is one month of member service fees, including the date it became a direct cause of damage, etc. regardless of default on a debt, unlawful acts, causes for claims, etc. However, if damages are due to gross or willfull negligence of the company, the member’s damages will be compensated for in full.
- Members that are in violation of matters specified in the agreements, etc. shall be immediately liable for damages to third parties, other members, etc. in connection with the use of this service.
- If corporations or organizations have registered their individual members as the members of this service and their use of the service is for the corporations or organizations they belong to, the company assumes that the use of the service is by the corporations and the organizations themselves. In that case, if the company has suffered damages or other losses in violation of matters which the individual has agreed to within these agreements, etc., the individual shall be responsible to compensate the organization or corporation for damages whether or not they belong to the organization or corporation at that time.
Article 31 (Backup)
- The company does not assume any obligations to perform the backing up of data, etc. Members shall themselves be responsible for the expense and implementation of the backing up of data, etc.
- The company shall not be responsible for any damages to members or any third party resulting from such loss, damage, or tampering with, and shall have no obligation for restoration regardless of the reason the company data, in whole or in part, is damaged, or tampered with.
Article 32 (Change of Service Contents or Discontinuation)
- This company can make changes to the contents of the service in whole or in part, for any reason whatsoever, without providing notification to members in advance. If a member uses this service after the change of contents to this service, it shall be deemed that he or she has agreed to the changes.
- The company will notify the member by a method as defined in Article 4 (Notification from Company) if whole or part of this service is abolished.
- The company does not assume any responsibility for damages to members or third parties in the event of the preceding two provisions.
Article 33 (Disclaimer)
- The company does not make any guarantee for the integrity, accuracy, usefulness and the like of information, etc. received through this service.
- The company does not make warranties with respect to this service for members in that it will provide contents conforming to the specific purposes of membership, work as members expect, have the member’s expected outcome, or not cause issues, including usage and results being provided on a regular basis.
Article 34 (Applicable Law)
The establishment of this agreement and the efficacy, interpretation, and implementation of each provision applies to the laws of Japan.
Article 35 (Court of Jurisdiction)
The resolution of any dispute arising between the company and members due to or related to these agreements, etc. will be given exclusive jurisdiction in the first instance with the Tokyo District Court or Tokyo Magistrate Court.
- Article 1
- This agreement shall be in effect from July 4th, 2013.