Hosting Service Terms of Use

Chapter 1: General Provisions

Article 1: Application of the Terms of Use

ANDOWS LLC (hereinafter referred to as “the Company”) stipulates these Hosting Service Terms of Use (hereinafter referred to as “these Terms of Use”) and provides the hosting service (hereinafter referred to as “the Service”) based on these Terms of Use. Users who apply for the Service and whose contract is established in accordance with Article 11 (Establishment of Contract) (hereinafter referred to as “Users”) shall comply with these Terms of Use and receive the Service.

Article 2: Changes to the Terms of Use

The Company may change these Terms of Use from time to time. The fees and other conditions of service after the change shall be governed by the revised Terms of Use. When changing the Terms of Use, the Company will notify Users of the changes via email. Even if this notification does not reach the Users, the revised Terms of Use will apply by publishing them on the Company’s website.

Article 3: Termination of the Service

The Company may terminate the Service at its discretion with prior notice or announcement. If the Service is to be terminated, the Company will notify or announce such termination at least one month in advance.

Article 4: Support Response

Support response time for inquiries regarding the use of the Service is from 9:00 to 18:00 (JST) on the Company’s business days.

Article 5: Response to Disruptions

In the event of server downtime, communication disruptions, or other emergencies, the Company will make every effort to restore the Service or the servers for the Service at no charge, regardless of day or night, weekdays or holidays. However, the Company is not responsible for disruptions caused by server settings changed by the User, issues caused by the User’s programs, other reasons attributable to the User or third parties, including the Company’s contractors, or other reasons beyond the Company’s control.

Chapter 2: Contract

Article 6: Contract Period

The contract period for the Service shall be at least one month from the start date of use as stipulated in Article 11 (Establishment of Contract) and as specified in the application form (hereinafter referred to as “the Contract Period”). However, if the Contract Period exceeds one year and neither the Company nor the User expresses the intention not to renew the Service in writing one month prior to the expiration of the Contract Period, the contract will automatically renew for an additional year, and the same shall apply thereafter.

Article 7: Service Content

The Company shall provide one or more dedicated or shared servers per usage contract.

Article 8: Restriction on Transfer of Rights

The User may not transfer, assign, lend, or set collateral on their rights, position, or obligations under the usage contract, or any rights to receive the Service, without prior written consent from the Company.

Article 9: Usage Restriction in Emergencies

The Company may take measures to restrict the use of the Service without any compensation to the User if natural disasters, incidents, or other emergencies occur or are likely to occur.

Article 10: Application for Contract

The Service is applied for by indicating the User’s intention to contract through written means, online application forms, email, telephone, etc., in response to the estimate provided by the Company.

Article 11: Establishment of Contract

The contract for the Service (hereinafter referred to as “the Usage Contract”) is established when the Company reviews the application and, at its discretion, sends a notification of account details via email. The Usage Contract becomes effective on the date of issuance of this notification. Even after sending the account notification, the Company may cancel the account if it deems it necessary due to operational difficulties. In such cases, the Company will notify the User.

Article 12: Changes to Service Content

If the User wishes to change the content of the Service, they must fill out the required fields in the Company’s designated change application form and apply for changes by submitting the Company’s designated contract application form based on the Company’s estimate for the change. The Company will notify the User if the Company approves the application after review. The Company may reject the application if it deems it technically difficult or if there are operational difficulties. In such cases, the Company will notify the User.

Article 13: Changes to User’s Information

Users must promptly notify the Company using the designated method if there are any changes to the following items:

Name
Address
Billing address
Contact person, telephone number, email address

Article 14: Succession of User’s Status

If a corporate User undergoes a merger, company split, business transfer, etc., and inherits the User’s status, prior written consent from the Company is required. In this case, the User must immediately notify the Company in writing. If the Company does not approve the succession, it may terminate the Usage Contract by notifying the successor corporation in writing within 14 days of receiving the notification. If the Company does not terminate the contract, the successor corporation shall inherit all obligations under the Usage Contract.

Article 15: Succession of the Company’s Status

The Company may transfer the Service to another company with prior notification to the User and obtain the User’s consent. If consent is not obtained, the Service will terminate one month after the notification. If consent is obtained, the Usage Contract and these Terms of Use will remain in effect between the successor company and the User.

Article 16: Termination of the Usage Contract by the User

If the User wishes to terminate the Usage Contract, they must notify the Company of the termination and the specific services to be terminated in the prescribed cancellation application form at least one month before the termination date. If the notice period is less than one month, the termination will take effect one month after the notice date.

Article 17: Termination of the Usage Contract by the Company

The Company may terminate the Usage Contract if any of the following apply:

If the Company has stopped providing the Service based on Article 21 (Service Suspension) and the cause is not resolved within 14 days from the stop date
If the User violates any of the obligations stipulated in Articles 18 and 19, and it is recognized that the provision of the Service may be significantly hindered

Chapter 3: User Obligations

Article 18: Management of Account and Password

Users must strictly manage the account and password provided for the Service to prevent unauthorized use that could cause damage to the Company or third parties. Users are responsible for all damages resulting from unauthorized use. If it becomes apparent that the account and password have been used unauthorized by a third party, the User must immediately notify the Company. The Company is not responsible for any damages arising from the leakage or unauthorized use of the account and password, except in cases of intentional or gross negligence by the Company.

Article 19: Prohibited Acts

Users must not engage in the following acts when using the Service:

Acts that violate or may violate laws
Transmission of obscene content
Acts that violate laws regulating dating sites, including Internet dating services
Acts that interfere with the provision of the Service
Acts that obstruct the communications of other Users or third parties
Unauthorized access to the Company’s or third-party computer equipment
Sending unsolicited advertisements, promotions, or solicitations (spam)
Acts that infringe on others’ legal interests or violate public order and morals

If the Company determines that the User’s actions fall under prohibited acts, the Company may take measures stipulated in Article 21 (Service Suspension) without compensation and may claim the costs incurred in handling complaints and damages caused by the User’s violations, including reasonable attorney fees.

Chapter 4: Service Suspension and Termination

Article 20: Service Suspension

The Company may suspend the provision of the Service to Users under the following circumstances:

When necessary for maintenance or construction of the Company’s equipment
When there are unavoidable equipment failures
When the use of the Service is restricted based on Article 9 (Usage Restriction in Emergencies)

If the Service is to be suspended, the Company will notify the User in advance of the suspension and its duration. However, this does not apply in cases of emergency.

Article 21: Service Suspension

The Company may suspend the Service if the User falls under any of the following:

If the User fails to fulfill obligations under the Usage Contract
If the User violates any of the obligations stipulated in Articles 18 and 19
If the User causes excessive load or significant hindrance to the Company or third parties
If the User’s contract for other services provided by the Company is terminated due to a violation of the Terms of Use
If the User is deemed inappropriate as a User based on reasonable and objective circumstances
If the User is subject to seizure, provisional seizure, provisional disposition, or other legal actions
If the User files for bankruptcy, corporate reorganization, or civil rehabilitation procedures
If the User dissolves (including cases where the User does not become the surviving company in a merger)
If the User’s checks or promissory notes are dishonored, leading to suspension of payment
If the User’s financial condition deteriorates or there is a reasonable cause to believe it may deteriorate

If the Company suspends the Service based on the preceding items, the Company will notify the User in advance of the reason, date, and duration of the suspension. However, in cases of emergency, the Company may notify after the fact.

Chapter 5: Fees, etc.

Article 22: Fees

The fees for the Service shall be based on the estimate issued by the Company to the

User. If the fees change during the service period, the revised estimate will apply.

Article 23: Payment Obligation

Users are obligated to pay the fees stipulated in Article 22. Even if the Service is suspended or terminated based on Articles 20 (Service Suspension) and 21 (Service Suspension), the fees will be calculated as if the Service had been provided.

Article 24: Calculation of Fees

The fees for the Service are calculated monthly. Exceptions are as follows, where fees are calculated on a pro-rata basis:

The fee for the month of service commencement is the sum of the pro-rata monthly base fee for the period the Service is provided and the initial fee.
The fee for the month of contract termination is the pro-rata monthly base fee for the period the Service is provided.
In the month when the service content changes, the fee is the sum of the pro-rata monthly base fee before and after the change.

Article 25: Payment Methods

Users shall pay the fees by transferring cash to the Company’s designated bank account by the end of the following month, based on the invoice issued by the Company. Users shall bear the transfer fees.
For Users using credit cards, monthly fees will be automatically charged. The Company will determine the credit card payment date, and Users shall ensure sufficient funds are available for payment.
If the credit card payment cannot be processed due to expiration, insufficient funds, or other reasons, the Company will notify the User and request payment by other specified methods. In this case, Users must respond promptly.

Article 26: Late Payment Penalty

If Users fail to pay the fees by the due date, a late payment penalty of 14.5% per annum will be charged.

Article 27: Fractional Amounts

If the calculation of fees results in a fractional amount less than one yen, it will be rounded down.

Chapter 6: Handling of Data

Article 28: Handling of Data

The Company is not responsible for the loss, damage, or leakage of data stored on the Company’s servers as part of the Service. Users are fully responsible for their data and shall not seek any guarantees from the Company. Upon termination of the contract, Users must delete their data at their own responsibility. The Company is not liable for any damages resulting from failure to delete the data.

Chapter 7: Compensation for Damages

Article 29: Limitation of Liability

If the Company fails to provide the Service as required, the Company will provide compensation only if the User is completely unable to use the Service for more than one continuous hour, in accordance with the Company’s Hosting Service SLA (Service Level Agreement, hereinafter “SLA”). The compensation amount is limited to the monthly fee. However, this does not apply in cases of intentional or gross negligence by the Company.

Article 30: Disclaimer

The Company is not liable for damages caused by the corruption or loss of information related to the use of the Service, computer virus infections, or other reasons, regardless of the cause. However, this does not apply in cases of intentional or gross negligence by the Company. If the Company is liable for damages, the scope of damages is limited to direct and actual ordinary damages, and special damages, such as lost profits and indirect benefits, are not included.

Article 31: Disclosure of User Information

The Company may disclose User information to public institutions if required by law, order, or regulation (including stock exchange regulations).

Chapter 8: Miscellaneous Provisions

Article 32: Governing Court

If a dispute arises in connection with the use of the Service, the Nishinomiya Summary Court or the Kobe District Court shall have exclusive jurisdiction in the first instance.

Article 33: Governing Law

These Terms of Use shall be governed by and interpreted in accordance with Japanese law.

Article 34: Precedence of These Terms

These Terms of Use shall prevail over any other contract signed and stamped by the Company’s representative.

Last updated: July 1, 2024