Chapter 1 General Rules
Article 1 (Applicable Terms and Conditions)1. This Terms and Conditions applies to all of Agreement (hereinafter referred to as "Usage Agreement") is by and between SurgeSpace Corporation (hereinafter referred to as "Our company" or "We") and personal or corporate (hereinafter referred to as "User(s) or You") using DigitalSwift (hereinafter referred to as the "Service").
2. You shall confirm and acknowledge contents of this Terms and Conditions when you sign up this service. If you express your intent which is not agree the usage agreement, we shall not be able to accept your offer or we shall have right to terminate the usage agreement with you in the future.
Article 2 (Notification)1. Notification from our company to users is made by method which our company determines appropriate such as e-mails, written document or displayed on the web page of this service.
2. In accordance with previous clause, in case where the notification are made by e-mails or displayed on the web page of this service, notification date is regarded when the content is entered into our computer connected to Internet and is accessible by your usual operation.
Article 3 (Modification of Terms and Conditions)1. Our company reserves the right to modify the Terms of Conditions as needed. In this case, the latest version's Terms of Conditions applies to the contents of user's conditions and other usage agreement.
2. In accordance with previous clause, in case where our company modifies the Terms of Conditions, we notify users the latest version's Terms of Conditions after more than 15 days advance notice.
3. Modification of this Terms and Conditions applies after the advance notice of previous clause.
4. Despite prescription in the previous clause 3 regarding modification of the agreement, our company reserves the right to modify the Terms and Conditions based on our discretion without notice in case where the modification is other than provision users already acknowledged or gives advantage to users such as additional Terms and Conditions follows new services.
Article 4 (Agreement Jurisdiction)If need of a suit, mediation or other judicial proceedings should arise between user(s) and our company, the Tokyo District Court shall be the exclusive agreed jurisdiction.
Article 5 (Governing Law)1. This Terms and Condition, including all of the agreements based on this Terms and Condition or regarded as a part of this Terms and Condition, is governed by Japanese law.
2. Official Text of this Terms and Condition shall be Japanese version.
Chapter 2. Usage Agreement
Article 6 (Acceptable Usage Agreement)1. Application of the usage agreement shall be made by online in accordance with our prescribed method.
2. Usage agreement shall be effective when our company send notice of acceptance after our confirmation of the application by the previous clause.
3. In the following cases, we may not accept your application without notice of any reason.
(1) Registration of personal information with false information.
(2) In the case where our company deems that the applicant is deemed liable to violate the Terms of Conditions.
(3) In the case where the applicant is applicable to the person who cannot separately conclude complete and valid agreement because he/she is not of full legal age (a "Minor"), etc and he/she does not obtain the consent of his/her statutory agent when the signup.
(4) In the case where our company judges that the applicant is our competitor and registers for the purpose of investigation of our business secret.
(5) In the case where the applicant is likely to violate any of Paragraph 1 of Article 16.
(6) Any other cases when our company judges that is inappropriate to conclude the usage agreement.
4. After conclusion of the usage agreement, in the case where we judges that the applicant falls under any of the previous clause, we're right to terminate the usage agreement with you in the future.
Article 7 (Service Provision Period)1. The minimum period for the service of usage agreement shall be one month and subscription period shall be contracted in accordance with our prescribed month(s). Usage period after the update usage agreement shall be made on a monthly basis, you shall be able to choose update usage agreement in accordance with our prescribed month(s). The service provision period, dates, times and timings shall be based on Japan Standard Time (GMT+9.0).
2. The service provision, related support and usage of commodity and service provided by our company shall be provided only within the usage period.
Article 8 (Payment)1. Under this usage agreement, you will pay all usage fees for the service at the then current prices prescribed on the service types (VPS PLANS). Our company may conduct discount campaigns for usage fees which separately will be informed and you can order it only for a certain period.
2. You will choose payment method by following clauses and pay the usage fees in advance to the starting usage period according to the contracted usage period (on monthly basis).
(1) Credit card of Visa or Master Card
All currency of payment shall be charged in Japanese Yen (JPY), currency exchange rates shall be determined by each credit card company.
(2) Payment service companies
(3) Bank transfer
Article 9 (Refund)In the case of where the contract is terminated due to such as midterm cancellation before the expiry date, only if user directly pays to our company by credit card or bank transfer, we will refund amount of unused period after deduction of commission charge for the refund. Moreover the amount of unused period is calculated by subtracting amount of paid at the latest order or update order to the amount of normal price (the monthly usage fee before discount by campaign, etc) for used month(s), (if the day(s) is less than one month, the day(s) is round up to one month).
Article 10 (Contract Renewal)1. You shall be able to renew usage agreement after expiry of the usage period by automatic or manual update subscription in accordance with your selected setting on the management screen. Automatic and manual update subscription shall be able to be changed arbitrarily by you on the management screen.
2. Automatic update subscription shall be able to be updated automatically for usage period set by you (on a monthly, 3 months, 6 months, 12 months basis) and after this the same shall be applied, if cancellation procedure of the automatic update is not made by 10 days before the expiration date.
3. Manual update subscription shall be able to be updated with recharging payment on the management screen by the present expiration date.
4. We shall be able to do not update your subscription if we inform you before 10 days of the expiry date.
Article 11 (Re-agreement after Expiration of Use Period)1. If you should not update the usage agreement, in accordance with the usage agreement (hereinafter referred to as "previous agreement") ends due to expiry of usage term, the service provided to you by our company will be suspended. Within 10 days after the expiration date of previous contract, if you should offer continuing usage of this service provided under previous agreement, our company will resume provision of the expired service and shall be able to agree conclusion of the same usage agreement (hereinafter referred to as "re-agreement") again. By this re-agreement, you shall be able to use such as data held in the service at the expiry of usage period (only such as available data by our company at the resuming service).
2. In case of where our company agree conclusion of re-agreement for continuing usage service in accordance with the previous clause, you shall pay the company for usage fee from resuming the service as well as 10% of the usage fee per a day between the next day of expiration date and resuming date as re-contract charge and keeping data fee.
Article 12 (Contents of Use Contract)1. Usage Agreement includes contents that our company shall subject to provide service according to service type (VPS PLANS) in the condition of following the regulation of this Terms and Condition as well as specific instructions and you shall subject to pay usage fee corresponding to the service type designated separately.
2. You shall provide, at your own cost and responsibility, hardware such as terminal equipment as well as contract with Internet provider necessary to use our services.
Article 13 (Specification Change and so on)Our company subjects to change, add, delete, etc the service specification (hereinafter referred to as "specification change and so on". Including release of a successor service, name change, specification change, however it's not limited only this). Regarding the specification change and so on, our company shall notify the content to users.
Article 14 (Using Software Right)1. In the case where you install and use software on this service provided by our company, you shall guarantee that you have a right to use corresponding software lawfully on this service to our company for the usage period.
2. In the case where if any issue such as a claim of rights infringement by a third party regarding software used on this service should occur, you shall solve this upon your own expense and responsibility and hｓold harmless our company from any and all damages. In this case, if you cause any damage (either directly or indirectly in addition general or extraordinary. Including attorney's fee) to our company, you shall pay our company for all of the damage reparation.
Article 15 (Early Termination of Use Contract)1. You shall notify about your midterm cancellation of contract to our company by using "Inquiry" form on the "Support" page and be able to terminate the service before expiry of the usage period. If you don’t specify the cancellation date on the inquiry form, the cancellation is effective on the date which our company’s server receive your cancellation inquiry.
2. A termination notice in the previous clause shall be made only in the case where you set the usage agreement to manual update on the management screen.
Article 16 (Suspension or Terminations of Use)1. Our company may suspend or terminate your usage of this service in the case where we deem that you are applied to any of the following cases.
(1) In the case where your credit card used for a payment of the specified usage fee for using the service cannot be authorized for the usage fee payment.
(2) In the case where after we judge that you violate any of the Prohibited Acts and Terms and Conditions, you would not respond a claim for rectification by our company within a specified period.
(3) Other matters in addition to those in the precious clause, in the case where you violate any of the terms and conditions or any other concrete directions by our company.
2. Our company shall be able to suspend or terminate the corresponding account in the previous clause without prior notice. In the case of where we suspend or terminate the corresponding account without prior notice, we immediately inform the user about suspension or termination by sending e-mail to the user’s registered address.
3. Our company shall be able to stop usage of this service of specific user or all of user temporally or continuously for the purpose of providing this service smoothly or investigating, suppressing or stopping malicious use of VPS.
4. Regarding measures in the first clause, if our company recognizes that the user’s act is applicable to the first clause, our company shall be able to cancel the contract and terminate the user’s account without taking a step for suspension of using this service. In the case where our company suspends or terminates the corresponding user’s account which is applicable to each of the first article or third article, our company will not refund the user's paid money.
5. In the case where our company takes a step for suspension or termination of using this service, our company shall keep the user's retained data in this service within paid usage period and shall be able to accept to return such data through specified procedures within such data retention period.
Chapter 3. Compliance Rule of Use
Article 17 (Usage and Responsibility of this Service)1. Service provided by our company may only be used for lawful purposes and methods under Japanese law.
2. User of this service shall be liable for all problems which happen in this service even though the user provides his/her original service by using this service to a third party.
3. By using this service, in the case where you inflict damage on a third party (regardless of domestic or foreign), or are notified any claims of such as right infringements by a third party, you shall handle and solve this problem upon your own expense and responsibility and hold harmless our company from any and all damages. The same shall apply in the case where you receive damage by a third party or notify a claim to a third party with using this service.
4. When you intentionally or negligently inflict damage (either directly or indirectly in addition general or extraordinary. Including attorney's fee.) on our company, you shall indemnify all of relevant damages.
5. You shall not be loan to or share such as account and password (hereinafter referred to as "Such as account") needed to use this service provided by our company with a third party. You agree that when this service is used by such as account provided by our company, the usage is deemed to your own usage. However, this shall not apply in the case where such as account is used by a third party due to the willful act or negligence of our company.
Article 18 (Prohibited Acts)1. You shall not engage in the following acts by using this service.
(1) Infringing or possibly infringing the industrial property rights (including the right of authorship and/or trade mark) of our company or others
(2) Infringing or possibly infringing the legal rights (including the rights of property, privacy and/or publicity) of others
(3) Discrimination, slander or insult others and facilitating discrimination to a third party, or damaging the reputation or credibility.
(4) Fraud, controlled substance abuse, child prostitution, criminal act or possibly criminal act such as illegal buying and selling of a bank account and mobile phone.
(5) Transmitting or posting any documents or images including obscene, child pornography or child abuse.
(6) Opening or soliciting endless money scheme, so-called "pyramid scheme"
(7) Modifying or deleting of any information that can be available by this service
(8) Using this service under a false identity
(9) Transmitting or posting any harmful computer programs including computer viruses
(10) Sending any advertising, promoting or soliciting e-mail without prior consent (SPAM), or e-mail repulse or possibly repulse others (hate e-mail)
(11) Causing damage or adversely affecting to equipment, using or operating for the internet connection service of our company or others (If the reason is great amount of communications traffic, we may restrict bandwidth speed of relevant VPS without advance notice.)
(12) Illegal gambling or soliciting illegal gambling
(13) Undertaking, mediating or inducing (including requesting others) illegal acts (including transfer of handguns, provision of child pornography, forgery of official documents, homicide, intimidation) directly or expressly
(14) Posting cruel information such as scene of murder, information such as animal abuse images, any other information which extremely makes others unpleasant feelings under normal social conventions or transmitting it to unspecified or many people
(15) Inducing or soliciting people to commit suicide
(16) Linking with the condition or purpose of facilitating the acts against knowing the acts apply any of the previous clauses.
(17) Facilitating to post information on the internet (including information which leads to or possibly leads to criminal act, information which wrongfully slander or insult others and infringe other's privacy as general public
(18) Any other acts deemed inappropriate as usage of this service by our company. (including acts which offend public order and morals, or damage other's right, however it's not limited only these, as well as acts deemed to damage the service's operation, reputation, our company's credibility and customer relationship by our company)
(19) Using inbound bandwidth more than outbound bandwidth in PLANS except ULTIMATE PLAN because our service is mainly featured outbound usage from VPS such as general web servers. (In this case, we may restrict bandwidth speed of relevant VPS without advance notice.)
2. Our company shall reserve the right to judge whether the act applies Prohibited Acts prescribed in each of the previous clause, you shall cooperate when you are requested provision of necessary information for judging it whether applicable to Prohibited Acts. You agree with our company to judge you agree that there is a event which applies Prohibited Acts when you don't accept our company's request to cooperate without a good reason.
Chapter 4. Provision of our services and responsibilities
Article 19 (Provision of our Services)1. Our company will manage our equipment for this service to provide this service smoothly with the care of a good manager.
2. If we should have any malfunction with this service or our equipment installed for this service, we will fix up, upgrade or restore it as soon as possible.
3. Our company might suspend provision of this service for maintenance, repair, upgrade, replacement or restoration of this service.
Article 20 (Disclaimer)1. In the case where if this service should not be able to use for a duration of more than 30 days, you can claim damages to our company with limits of less than equivalent amount of usage fee in unusable period after proving incurred damage in actuality. However, this is not applicable to any damage caused by any reason not attributable to our company including natural disaster or act of God.
2. In addition to the cases listed in the preceding clause and specially provided in the articles of any other Terms and Conditions, our company, company representative and employees shall not assume any responsibility for any claim from user due to loss of profits as a result of using this service, damage of stored data in this service by user, inability to use this service, suspension of this service, error and trouble in Internet access of user, unauthorized access to our service, communication line failure, bandwidth congestion. However, this shall not apply in the case of damage to the user regarding usage of this service arising due to the willfulness or the gross negligence of our company.
3. Our company shall not guarantee completeness, accuracy, availability and legality for accessible information by this service (including uploaded data in this service by you) and the software provided by our company.
4. Our company shall not assume any responsibility for any conflicts between you and any third party by resulting of using this service.