The following are the terms of the agreement by which Ochanoko-net, Inc.("OCNK", "we", "us", our") will provide the User ("User", "You" and "Your") its "Ochanko-net" application (software) service for the development of Internet shops.
This Agreement sets forth the terms and conditions of the User's use of Ochanoko-net, E-commerce online shopping cart solutions ("Ochanoko-net") .
Terms used in this Agreement are defined as follows:
- "Ochanoko-net Administrator", means OCNK and its affiliates
- "User" means individuals and corporations whom the Ochanoko-net Administrator has approved an account registration (establishing an ID and password) pursuant to this Agreement, and who have been qualified for using the Ochanoko-net Service.
- "Ochanoko-net Service" means the Ochanoko-net ASP solution provided by OCNK to individuals and corporations wishing to open and operate online shopping website.
3. APPLICATION FOR REGISTRATION AND FORMATION OF AGREEMENT
- User shall apply for registration by filling in the necessary information in the registration form specified by the Ochanoko-net Administrator.
- You must be over 18 years of age and capable of taking criminal liability for business in the country or region in which you reside or do business, at the time of User registration.
- This Agreement comes into effect when your user registration form is transmitted, provided, however, that upon receipt of such user registration,, OCNK will conduct screening and take such other procedures to determine whether to approve your registration. The Ochanoko-net Administrator may refuse your user registration for any reason, and is under no obligation to disclose the reason to you. . In this case, OCNK will refund any fees that you have already paid.
- Upon receipt of your user registration, the Ochanoko-net Administrator will notify you to such effect by an E-mail containing your initial password.
- Users must provide true and accurate information in the user registration. The Ochanoko-net Administrator has no responsibility for any damages arising due to incorrect or inaccurate information provided by user. In the event we discover that any information registered is untrue, we may terminate such registration immediately with no prior notice or warning.
- You agree to check e-mails that are sent by us and to visit the Ochanoko-net website regularly. The Ochanoko-net Administrator has no liability for any damages resulting from your failure to check our messages or failure to visit our web site.
3.2 Free Trial Period
The Ochanoko-net Administrator will permit the User to use the Ochanoko-net Service for free during the following period following user registration:
- *For registrations between the 21st of the month and 20th of following month, the free trial period shall be until the 20th of the following month or 20th of the same month depending on time of registration.
(If Registering on May 23, the free trial period will be until June 20.
If registering on May 5 the free trial period will last until May 20)
3.3 Payment of Service Charges
You agree to pay all fees and charges due according to the prices and terms applicable to the service, if you use the Ochanoko-net service after the free trial period ends.
3.4 Termination by User
You may cancel your registration by notifying us of your intent to do so using the procedures specified by the Ochanoko-net Administrator so long as you do so before the free trial period in the preceding Paragraph has ended. However, you may not cancel at the time service (billing) has commenced.
This Agreement will come into effect as of the time specified in Paragraph 1 above, and shall remain in force for a period of 1 year from the passage of the free trial period. If you wish to renew and OCNK consents in doing so and you have paid the fees applicable after renewal in accordance with the specified procedures,, this Agreement will be renewed for an additional one year period, and the same shall apply for period thereafter.
If payments are not received on the date and by the method specified by OCNK, absent special circumstances this Agreement will terminate upon the expiry of the contract term.
Until receipt of payment has been confirmed by the Ochanoko-net Administrator pursuant to our procedures, such procedures will be deemed not to have been completed, and payment will not be deemed to have been received. The Ochanoko-net Administrator is in no way liable for any loss or has no liability suffered by the applicable user resulting from this treatment.
3.6 Private Domain
- You may request that the Ochanoko-net Administrator obtain a domain for your own use upon payment of the cost of acquiring the domain.
- Upon confirmation of (i) your payment of domain acquisition costs and (ii) the availability of your desired domain, the Ochanoko-net Administrator will acquire such domain and configure it for your shopping site.
- You agree to tender payment by the method and date specified by OCNK. Absent special circumstances, if payment of the specified charges is not received, this Agreement will terminate on the expiration date.
- Until receipt of payment has been confirmed by the Ochanoko-net Administrator pursuant to our procedures, such procedures will be deemed not to have been completed, and payment will not be deemed to have been received. The Ochanoko-net Administrator is in no way liable for any loss or has no liability suffered by the applicable user resulting from this treatment.
4. MODIFICATIONS TO AGREEMENT
The Ochanoko-net Administrator may amend this Agreement from time to time. The contents of such amendments will be posted on the Ochanoko-net Service home page, notified by E-mail or such other method as we deem appropriate, and such amendment shall be effective as of the time of such notification.
- You are free to terminate your membership by following the cancellation procedures set forth on the Ochanoko-net Service home page.
- The Ochanoko-net Administrator may cancel the membership of any user with respect to which it determines any of the following are applicable. In such cases, regardless of the delivery of notice to the applicable User, such User's membership is deemed to have been cancelled as of the time the notice of cancellation is sent by the Ochanoko-net Administrator to the address or E-mail address previously received from such User, and at the same time service to such User shall be suspended.
- (1)User engages in activities prohibited by this Agreement
- (2)Information reported or delivered to the Ochanoko-net Administrator is false.
- (3)User or the company with which User is affiliated is subject to a motion for suspension of payments , bankruptcy or the commencement of civil reorganization, corporate reorganization or corporate rehabilitation or any other insolvency proceedings enacted in the future.
- (4)User or the company with which User is affiliated terminates or changes its business activities, or passes a resolution of dissolution.
- (5)A bill or check issued or accepted by User or the company with which User is dishonored.
- (6)User breaches this Agreement.
- (7)User intentionally or negligently causes OCNK to suffer any detriment.
- (8)User is delinquent in any payment obligation to OCNK.
- (9) It is determined at the time of billing/invoicing that a credit card used at the time of user registration is invalid.
- (10)After user registration through bank transfer, bank transfer payment of service fees is not made by the payment date.
- (11)The Ochanoko-net Administrator determines that User is unacceptable as a User.
- The Ochanoko-net Administrator has no liability to any User canceling their membership pursuant to 5.1, or whose membership is cancelled by the Ochanoko-net Administrator pursuant to 5.2, and if during the non-free service period, the obligations of such User will automatically be accelerated. In addition, the Ochanoko-net Administrator will not refund any amounts already paid by such User.
- The Database and data for Users whose accounts are terminated will be maintained by the Ochanoko-net Administrator for 90 days following service termination and thereafter may be deleted without the User's consent.
- The Ochanoko-net Service is provided by the Ochanoko-net Administrator in accordance with this Agreement.
- The Ochanoko-net service is provided to Users by the Ochanoko-net Administrator for the applicable service fees.
- The Ochanoko-net Administrator may modify, supplement or terminate all or any portion of the Ochanoko-net Service for any reason and with no prior notice to Users., provided, that the the Ochanoko-net Administrator shall provide subsequent notice to Users using a method it deems appropriate.
- The Ochanoko-net Administrator will not refund any service fees in connection with termination of membership during the contract term, provided, however, that cases of mistaken amounts or payments will be dealt with in good faith after confirmation of the situation.
- Users must comply with all applicable laws (including those relating to mail-order/tele-shopping etc.) in the operation of their on-line shops using the Ochanoko-net Service.
- The Ochanoko-net Administrator may refer to information which Users maintain within business necessity.
7. REPAIR AND RESTORATION OF OCHANOKO-NET EQUIPMENT
- A User who discover problems in the Ochanoko-net Administrator's equipment or service while using the Ochanoko-net Service must first confirm that there are no malfunctions (etc.) in such User's own equipment before making a request to the Ochanoko-net Administrator for repair or restoration work.
- If the Ochanoko-net Administrator becomes aware of any malfunction in its equipment or service, or of any damage to its equipment, the Ochanoko-net Administrator will endeavor to promptly repair and restore such equipment.
8. INTERRUPTION AND SUSPENSION OF SERVICE
- The Ochanoko-net Administrator may temporarily interrupt or suspend operation of the Ochanoko-net Service in the following situations, and shall endeavor to restore service as soon as possible.
- (1)The actual or possible occurrence of natural disasters, force majeure or other extraordinary circumstances.
- (2)The performance by the Ochanoko-net Administrator of periodic or emergency system maintenance.
- (3)Problems in telecommunications equipment established by the Ochanoko-net Administrator or other unavoidable circumstances arise.
- (4)The Ochanoko-net Administrator determines that interruption or suspension of operation of the Ochanoko-net Service has become necessary.
- In the event that the excessive concentration of access to a specific User's shopping site exceeds server processing capacity and results in problems such as the administration page for shopping sites of other Users being (or being in danger of becoming) inaccessible, the Ochanoko-net Administrator may temporarily restrict access to the shopping site of such specific user.
- When the Ochanoko-net Administrator suspends the Ochanoko-net Service pursuant to 8.1 or 8.2, the Ochanoko-net Administrator will give User prior notice to such effect if appropriate, provided, however, the foregoing shall not apply in emergency situations.
- The Ochanoko-net Administrator shall have no liability for any damages of User arising from the interruption or suspension of the Ochanoko-net Service for any reason.
- Notwithstanding the interruption or suspension of the Ochanoko-net Service, the Ochanoko-net Administrator will not refund any service fees.
- In the event that the Ochanoko-net Administrator will permanently terminate the Ochanoko-net Service, it will give notice to such effect to Users one month in advance by posting on the Ochonnoko-net Service home page, electronic mail and/or other methods it deems appropriate.
9. ID AND PASSWORD MANAGEMENT
- The Ochanoko-net Administrator will issue to you the ID and password that are required to use the Ochanoko-net Service (hereinafter referred to as "ID/password") at the time of your user registration.
- You are responsible for management of your ID/password.
- You are responsible for any damages arising from the improper ID/password management, mistaken usage, or use by third persons (etc.) and the Ochanoko-net Administrator shall have no liability for such damages.
- You must notify the Ochanoko-net Administrator in the event of any theft, loss, leakage or disclosure of your ID/password, or if you become aware of use of your ID/password by third parties, and follow any instructions of the Ochanoko-net Administrator if given.
- Users must periodically change their passwords, and OCNK has no liability for damages arising from your failure to do so.
When using the Ochanoko-net Service you may not engage in any of the following:
- Conduct which could or do infringe the copyrights or other rights of other Users, the Ochanoko-net Administrator or third parties.
- Conduct which could or does the property or privacy of other Users, the Ochanoko-net Administrator, or third parties.
- Conduct towards other Users, the Ochanoko-net Administrator or third parties which could be or is defamatory, slanderous or injurious to the reputation thereof.
- Conduct which could or does cause harm to, or injures the interests of other Users, the Ochanoko-net Administrator or third parties.
- Conduct that is or could be contrary to good public morals.
- Commercial activities that the administrator deems inappropriate for minors.
- The sale of alcohol and tobacco (etc.) to minors.
- The sale of goods or services that are prohibited by the laws of the country or region in which you reside or do business, provided however, that Japanese court precedents may be incorporated when the sale of goods or services deems inappropriate.
- Conduct that constitutes criminal activity or which is or could be connected to criminal activity.
- Providing false information or engaging in behavior that may cause consumers to make improper decisions.
- Using or distributing computer viruses or any other harmful programs.
- The misuse of ID/password.
- Spamming or other conduct deemed to be of the same character.
- Conduct that is or could be in violation of applicable laws and regulations.
- Conduct which the Ochanoko-net Administrator determines may give rise to problems such as multi-level marketing.
- Religious activities aimed at proselytizing or recruitment.
- Continuing to use the service after the Ochanko-net Administrator has issued a warning in response to prohibited activities, has received no response and is otherwise unable to make contact.
- Other conduct that the Ochanoko-net Administrator deems inappropriate.
11. COPYRIGHT, ETC.
- You may not use the information provided through use of the Ochanoko-net Service in any manner beyond the scope of your private use, as set forth in the Copyright Law.
- You may not use the Ochanoko-net Service to provide to provide information to any third person without the consent of the holder of the rights thereto.
- In the event of any problems arising due to breaches of this Article, you must resolve such problem at your own liability and expense and hold the Ochanoko-net Administrator, unaccountable from any damages.
12. LIMITATION OF LIABILITY
- The Ochanoko-net Administrator makes no warranties regarding the completeness, accuracy, reliability or utility (etc.) of the home page established, managed or operated by User, and takes no responsibility whatsoever for the contents thereof.
- You are responsible for the contents of the home page you establish, manage and operate. In the event that such contents infringe the rights of a third party or of another User, or if a dispute arises due to such infringement, the Ochanoko-net Administrator has no liability with respect to such infringement or dispute.
- The Ochanoko-net Administrator is not obligated to configure or modify equipment under its management.
- The Ochanoko-net Administrator shall have no liability whatsoever for any partial or complete deletion or loss of any home page or database due to any modification, suspension or elimination of the Ochanoko-net Service, system interruption, disruption of telecommunications or other unanticipated accident, any partial or complete deletion or loss of any home page or database due to program defects, or any other damage or loss arising in connection with the Ochanoko-net Service.
- You are responsible for resolving at your liability and expense any damages caused to other Users, viewers of your home page, consumers or other third parties, and any disputes between (i) you or the Ochanoko-net Administrator on one hand and (ii) other Users, viewers of your home page, consumers or third parties on the other, in each case arising in connection with your use of the Ochanoko-net Service, and you shall hold unaccountable the Ochanko-net Administrator from any such damages.
- The Ochanoko-net Administrator has no liability for any damage suffered by Users due to unauthorized external access to the Ochanoko-net Administrator's servers. "External" refers to any server other than those installed by the Ochanoko-net Administrator.
13. ASSIGNMENT AND RESALE
You may not transfer, lend or offer as collateral to any third party all or any part of your rights or obligations under this Agreement without the prior written consent of the Ochanoko-net Administrator.
The Ochanoko-net Administrator will not disclose, provide, explain, exchange or leak any of the following information of User holds without the User's prior consent, provided, however, that the foregoing limitation will not apply when disclosure is required by applicable law (etc.), or we recognize that there are other valid reasons for disclosure.
- Personal information of customers and all other associated information, as well as other significantly valuable business information.
- Projects, plans, technical information, cost of goods, sales price of product development, production and sales
- Customer and transaction information.
- Information with respect to which there is an obligation to handle as the secret or sole proprietary information of [User].
- Other information specially designated by [User].
The court having jurisdiction over the location of the Ochanoko-net Administrator shall be the District Court of Kobe, the court of initial exclusive consensual jurisdiction for disputes arising in connection with this Agreement or the Ochanoko-net Service. Japanese law shall apply to this Agreement, its formation, validity, performance and the interpretation thereof.
- Original Version: June 25, 2008
- 1st Revision: January 6, 2009
- 2nd Revision: April 2, 2009
- 3rd Revision: June 19, 2009
- 4th Revision: January 29, 2010