Terms of service agreement

Assist UP Corp. (hereinafter referred to as "our company") provides the following terms and conditions for the VPS service (hereinafter referred to as "the service").
The use of this service is subject to acceptance of the contents of this agreement and we will not accept applications if we can not give consent to this contract.

Article 1 (General Provisions)

  1. We provide the service specified in Article 7 to the contractor of this service (hereinafter referred to as "contractor").
  2. Our company and contractor perform good faithfully the obligation provided by this agreement concerning provision of service, payment of fee etc.

Article 2 (Operation of this agreement)

This agreement shall apply to all relationships that occur between us and this Service Contractor.

Article 3 (Contractor, application for use, and commencement of setting work)

  1. As a result of completing payment of application and initial fee and any expenses accompanying initial cost based on the acceptance of this agreement as a contractor, the contractor means a company or individual authorized to use the service from us Point.
  2. Application for use shall be applied to us by way of our company prescribed method.
  3. As soon as the payment of the initial fee specified in Article 8 is confirmed, we will begin the necessary setting work and at the same time begin preparing various information to be assigned to the server of the contractor.

Article 4 (Assignment of Global IP Address)

  1. We will assign only one address to each subscriber as a global IP address to our subscribers.
  2. It is forbidden to use global IP addresses other than those assigned by us.
    If a network failure or the like occurs by using a global IP address other than the one assigned by us, the contractor must pay the amount equivalent to the damage amount as damages.

Article 5 (Disclaimer)

  1. Except for our intentional negligence and nonperformance of business, we shall not be liable for damages arising from the use of this service.
  2. If the contractor damages others through this service, the contractor shall solve the problem at their own risk.
  3. The contractor shall manage all data stored in this service at their own responsibility.
    We shall not bear any responsibility as to the damage, loss, damage etc of the data stored by the contractor, and the damage caused by preventive management work and data restoration work thereof.

Article 6 (About server restart and restoration)

  1. Restarting the server shall be done by the contractor from the method provided by the operating system being used or from the control panel provided by us.
  2. If the contractor can not restart, we will be able to request our company by e-mail from the e-mail address registered in our company.
  3. If the server can not be started up or connected via the Internet due to some cause (server misconfiguration / software installation etc.), we will substitute for the improvement work at the request of the contractor.
    However, a contractor with one work payment will pay 5,400 yen for work cost to us.
  4. If we judge that it is difficult or impossible to improve the situation by the work of the preceding paragraph, we can substitute for work by providing a new server.

Article 7 (contents of service)

  1. The service that we provide to contractors is as described in the separate page "VPS plan".
  2. When judging that it is necessary for the sound execution of business, we can change the contents of this service without obtaining consent of the contractor.
    However, the change shall be based on good sense, common sense, sincerity etc. as a provider of the service.
  3. If we judge that it is difficult or impossible to improve the situation by the work of the preceding paragraph, we can substitute for work by providing a new server.

Article 8 (Update of usage fee and service)

  1. The usage fee of this service is as described on the separate page "VPS plan".
  2. We shall be able to obtain revocation of the contractor, revise the fee or make partial change.
    The contractor shall pay the fee prescribed in the revised or changed price regulation in a prescribed procedure from the time of contract renewal.
  3. Costs when a contractor receives connections and services offered by other networks through this service are directly determined according to the responsibilities of the contractor himself / herself in the usage rule, charge policy, payment method established by the connection destination and service provider, It shall pay to the connection destination and the service provider.
  4. The cancellation procedure is carried out one month before the date on which the service use period expires.
    If not, the contract will be automatically renewed the day after the service use deadline.
    Regarding after renewal, the "low use period of three months" of Article 10 paragraph 1 shall not apply.

Article 9 (Settlement)

  1. The contractor shall pay the usage fee etc. in the following method approved by our company.
    • Credit card
  2. In the case of using a credit card as a method of payment of a fee, we have to notify our company of matters specified separately by our company, such as company name, card number, name, expiration date of the credit card to be used It will not.Also, payment method is only one payment.
  3. When you select automatic withdrawal from a bank account as a payment method of the fee, when you apply items specified separately by our company, such as the bank name, branch name, account number, name etc. of the bank account to be used, In order to avoid the problem.
  4. Transfer fee and other expenses necessary for payment in the preceding paragraph shall be borne by the relevant contractor.
  5. In case of delaying the payment of fee etc., the contractor shall pay delay damages at a rate of 14.5% per year.
  6. The contractor is required to pay the fee etc to our company separately from the preceding paragraph because the payment of the fee etc will be delayed, we will issue the invoice again, and the remittance letter and other reminders for payment will be paid.

Article 10 (Cancellation, suspension of service and recovery thereof)

  1. The minimum service period of this service shall be three months unless a special contract is concluded with the contractor.
  2. This service shall be able to take the cancellation procedure by the free will of the contractor, not by the detention of three months or more.
  3. We can suspend the provision of this service regardless of the intention of the contractor concerning the continuation of the service when we can not confirm the payment of the usage fee of the service.
  4. In cancellation during the contract period, no refund will be made from us.

Article 11 (Cancellation Procedure)

  1. In the case of canceling the use contract, the contractor shall notify to us according to the following method at least one month before the service use time limit according to that.
    1. In case of cancellation by mail.
      We will not respond to any offer other than the e-mail address registered at the time of application.Also, in the case of cancellation by e-mail, "user domain name or IP address", "contractor name", "desired date of cancellation", "reason for cancellation" shall be stated and even if the above contents are not stated Cancellation shall not be accepted.In the case of cancellation by e-mail, the cancellation acceptance shall be completed after submitting our cancellation paper specified by our company at fax. If one of them is missing, the cancellation procedure will not be accepted.
    2. Cancellation by mail.
      We will use the cancellation paper specified by our company.
    3. Cancellation by telephone can not be confirmed, so it is impossible.
  2. We will terminate the contract with the last day of service after the month following the month of use including the date we received the cancellation notice.
  3. When canceling the contract, the contractor shall pay the fee generated by the time when the cancellation becomes effective by the method specified by us.In addition, we will not refund any fee etc already paid.
  4. We shall be able to cancel the contract immediately without notice in advance if the contractor falls under any of the following.
    • The case where the usage fee and other obligations have not been paid in spite of the demand from our company after 7 days have passed.
    • In cases where we have prohibited acts as provided in this Agreement.
    • When there is a false statement in declaration to our company, contents of notification.
    • The credit card company or the substitute agency has suspended the use of the credit card or payment loyalty designated by the contractor.
    • In the case of a request for bankruptcy to a contractor or when a contractor is declared a non-guardian adult noun or a non-Koizumi sentenced.
    • In case of violation of this agreement.
    • Subscriber who judged that our company is not appropriate. However, the judgment reason is not announced.
  5. A contractor whose contract has been canceled pursuant to the preceding paragraph shall pay all obligations that have occurred up to the month of use revoked by us by the method specified by us.In addition, we will not refund any fee etc already paid.

Article 12 (Prohibited matter)

  1. When using this service to our contractor, the following acts are prohibited acts.
    1. To use or divert others' work without permission of the author.
    2. To disseminate significant disadvantages to specific or unspecified third parties by disseminating similar information even if they are slanderous, slanderous, acting false information or omission.Or prepare to bring on.
    3. Posting content that publishers and our company are punished by relevant authorities.
    4. To engage in activities that conflict with domestic laws using this service as a medium.
    5. To publish so-called adult information, bizarre information, contents contrary to public order and morality.Or content that restricts information provision to less than 20 years old.
    6. An act of sending an e-mail or the like to an unspecified majority or sending an e-mail or the like of an unsolicited advertisement.
    7. Act of giving an excessive burden to our facilities and networks.
    8. An act that we judge it as inappropriate for use of this service even if it is not included in the above.
  2. In the event that the contractor gives any damages to us due to the prohibited act in the preceding paragraph, the contractor or the original contractor shall pay the amount equivalent to the damage to our company.

Article 13 (suspension or revocation of license)

  1. In the event that the contractor falls under the following items, we may suspend or revoke its usage qualification on the premise that advance notice is given to said contractor, except in the case of inability to contact.
    1. When making a false declaration at the time of application or change of application details.
    2. In cases where we have prohibited acts prescribed in any one of Article 12.
    3. In addition, when we judge it as inappropriate as a contractor.
  2. In the event that the Company is liable for damages or other reasons due to grounds corresponding to the preceding paragraphs, the contractor, who is the cause of the obligation, will bear the obligation to pay for such obligation on behalf of our company.

Article 14 (Operation management of the system)

  1. As a rule, the system for providing this service shall be operated "24 hours a day, 365 days a day".However, this does not apply to suspension of operations due to unavoidable reasons, such as repair and maintenance of systems or related facilities.In such a case, we will give advance notice as much as possible, but in case of natural disasters, sudden accidents etc, we can omit notice.
  2. Even if temporary interruption, delay, etc. of this service occur due to the reasons in the preceding paragraph, we are not responsible.
  3. We do not log in to the server of the contractor at all other than for the purpose of restoration / maintenance work necessary for business.
  4. The preceding paragraph shall not be limited to cases where we have entrusted the restoration / maintenance work as an option service under the direction of the contractor.

Article 15 (Compensation for Damages)

In case of damages to the contractor due to our intentional or gross negligence with regard to the use of this service, the amount of compensation for damages is limited to the monthly conversion amount of the contract with the contractor.

Article 16 (Effectiveness of the provision)

Even if part of this agreement is deemed invalid by laws and regulations, we retain validity for the remaining other articles.

Article 17 (Change of notification matter)

  1. In the event that there is a change in the items to be reported to us, the contractor shall promptly notify us.
  2. Based on the absence or non-notification of the change notification under the preceding paragraph, notification from the Company to the contractor, documents, etc. are delayed / delayed / undelivered.
    We will not assume the responsibility if it does.

Article 18 (Entry into force of use agreement)

This agreement, we will apply for subscription from the contractor.
It shall take effect between us and the contractor on the date of acceptance.

Article 19 (Terms of Service)

  1. This agreement can be changed or revised without consent of the contractor.
  2. If any doubts arise in the matters not stipulated in this agreement or in the interpretation of this agreement, the parties will negotiate in good faith and decide this.

Article 20 (Competent jurisdiction)

The dispute arising between us and the contractor shall be the exclusive jurisdiction court of the first instance as the jurisdictional court of the location of our head office.

Article 21 (dispute)

Fees for reasonable lawyers, accountants and other experts arising from disputes, as well as fees and expenses shall be paid by the contractor.

Article 22 (Compliance with various laws and regulations and regulations)

Contractor shall comply with various laws and regulations of Japan and the country using this service.

Article 23 (obligation of confidentiality)

  1. Unless required for restoration or maintenance work or in the specific case based on the request of the contractor or the like, we will obtain the information displayed and described on the server of the contractor, log in to the server of the contractor and make an internal We do not get any information.
  2. When logging in to the server of the contractor in the situation prescribed in the preceding paragraph or when obtaining the information expressed and described on the server of the contractor, we will keep in mind what we learned about the business, such as the internal information of the server It shall not leak to a third party.Provided, however, that this shall not apply in cases where it is based on the request or consent of the contractor, or when acceptance of investigation cooperation obligation or request for cooperation for investigation has occurred.

This agreement will be implemented from December 17, 2018.