Welcome to Ochanoko!
Ochanoko-net Inc. (“Ochanoko,” “we,” “us,” “our”) provides services to help you create and manage an online retail store (“Store”). Your Store may have its own customers and visitors (“Customers”). By signing up for the Ochanoko online store hosting ASP solution (“Service”), you agree to be bound by the following terms and conditions of service (“Terms of Service”). You are responsible for ensuring that your organization and anyone you grant administrative privileges to complies with these Terms of Service. You agree that the Terms of Service apply to actions by persons using or administering the Service in your name or on behalf of your organization regardless of whether you specifically authorize them.
We may change the Terms of Service at any time by posting changes on the Ochanoko website (“Website”) at https://www.ocnk.com/entry/rules.php. Any such changes will be effective immediately upon being uploaded to the Website and will apply to you if you continue using the Service. We advise checking the page from time to time to make sure you’re aware of any updates that could affect you or your use of the Service.
If you have any questions or comments about this Agreement, please don’t hesitate to email us at email@example.com.
- We may modify this Agreement at any time. Any amendments will be posted on the Website. Amendments will come into effect immediately upon being posted to the Website. Your continued use of the Service will be deemed your acceptance of these amendments.
- Our failure to enforce any part of this Agreement is not a waiver of our right to do so in the future. If any provision of this Agreement is found to be unenforceable, all remaining provisions will remain in effect.
- We provide the Service in accordance with this Agreement in exchange for service fees.
- We will not refund any service fees after the commencement of the term in respect of which they are paid. However, we will try to deal with any mistaken payments or payment amounts in good faith after verifying the situation.
- If we become aware of any issues with our equipment or with the Service, we will try to fix such issues as we deem it necessary.
- To use and access the Service, you must first create an Ochanoko user account (“Account”). To do so, you need to fill out the registration form specified on ocnk.com (“Website”) by providing the information indicated as required on the form.
- You must provide true and accurate information in the registration form. We have no responsibility for any damages resulting from any false or inaccurate information you might provide. If we discover that any information entered in the registration form is untrue, we may terminate that registration, the Service and this Agreement with no prior warning.
- You must be over 18 years of age to create an Account, use the Service, or enter into this Agreement. You must also be capable of taking legal responsibility for your business in the country or region where you reside or do business.
- By submitting the registration form you will be agreeing to the terms of this Agreement, which will come into effect upon acceptance by us. We may conduct screening procedures before deciding whether to approve your registration. We may refuse your registration for any reason and are not obligated to disclose why. If your registration is terminated during this pre-approval period, we will refund any fees you may have already paid toward the Account in question.
- If we approve your registration, we will inform you of your initial login credentials via an email sent to the email address provided on your registration form.
- You are expected to read any emails we send you and to check the Website regularly. We take no responsibility for any damages resulting from failure to check our messages or to visit our Website.
- You will be able to use the Service for free for up to a month directly following registration. Your free trial will expire and your Store will automatically close at 23:59:59 JST (UTC +9) on the first 20th day of the month following registration (For example, any registrations made between January 21 and February 20 will expire on February 20).
- If you wish to continue using the Service, you must pay all relevant fees by the initial payment due date. The “initial payment due date” is defined as 23:59:59 JST (UTC+9) of the last day of the month when your free trial ends. This means that even if your registration expires on the 20th due to non-payment you can still reactivate it by making a payment before the initial payment due date.
- You are free to terminate your account at any time by following the procedures detailed in the “Shop Manager” menu at the page titled “Delete / suspend account”.
- We may terminate or suspend your account for any reason, including the following:
- You or your organization files for bankruptcy, or are subject to any other legal proceedings that compromise your ability to continue paying your subscription fees.
- You or your organization change or terminate your business practices, or pass a resolution of dissolution.
- You fail to provide payment on time for any charges due.
- Any payment submitted is determined to be invalid, such as in the case of a dishonored check or invalid credit card.
- You are determined, at our sole discretion, to be in violation of these Terms of Service.
- You or your organization cause us any harm, whether by malice or by negligence.
- Any information you have submitted to Ochanoko is found to be false.
- We deem you, for any other reason, to be unacceptable as a user of the Service.
- Upon account termination for any reason, the following will apply:
- Ochanoko will immediately stop providing you with any Services. You will lose access to your account and any information stored in it.
- Your Store website will become unavailable.
- Your account name will remain unavailable for the creation of a new Ochanoko account for 90 days from the date of account termination.
- Any data stored in your Account may be stored for 90 days from the date of account termination, after which it will be deleted without notification or consent.
- 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.
- If you request that Ochanoko acquire a private domain for you, you must pay any costs required to acquire and configure the domain. Acquisition costs may vary depending on the domain.
- On our confirmation of both (i) your payment of the costs required to acquire the domain and (ii) the availability of the desired domain, we will acquire it and configure it for use with your Store.
In order for your domain to be renewed, you must pay us for it via PayPal or credit card by the due date specified in the email we send you. If we have not received payment by the due date, your domain will become unavailable by no later than the final day of the next month. It will become available to register again after a grace period. In this case, we are not responsible if your domain is registered by someone else.
Before contacting us about any issues you believe you have found with our equipment or our Service, you must ensure that these issues are our responsibility and not issues with your equipment or other services you use.
You must comply with all applicable laws and regulations in managing your Store. These include laws regulating taxation, exports, sanctions, and any other laws that may be relevant to your business.
- You are responsible for performing any customer service duties necessary for the operation of your Store. This includes posting and making clearly available a way for your Customers to contact you, checking messages from your Customers regularly, and for answering inquiries and handling complaints. We will not provide any assistance in handling customer service duties.
- You are solely responsible for all taxes associated with the operation of your Store, including any taxes related to the buying or selling of any goods or services. You are responsible for reporting and remitting taxes to the relevant government authorities, as well as informing your Customers of required taxes and providing them with invoices as legally required.
- If we receive any demands from taxing authorities for the payments of taxes arising in connection with your Store, these will be assessed to and payable by you as an additional component of your service fees.
You are responsible for paying all fees we charge you via the methods we set forth. These fees include, but are not limited to, subscription fees and any applicable taxes or private domain fees.
- Upon our acceptance of your registration, we will issue you the initial ID and password required to log into your Ochanoko account (“Credentials”).
- You are responsible for keeping your Credentials secure, and for any damages that may result from improper management of your Credentials. We have no responsibility for any loss or damages from your failure to maintain the security of your Credentials or other Account details.
- If you believe your Account security or Credentials to have been compromised, you must notify us as soon as possible and follow any instructions we give you.
- You are expected to periodically change your password, and we have no liability for any damages resulting from your failure to do so.
- You may not transfer your Account or disclose your Credentials, either temporarily or permanently, to anyone else without our prior written consent. If you wish to transfer ownership of your Account, please contact us first via the inquiry form on our Website or via email to firstname.lastname@example.org.
- Any content you upload to our Service remains yours and we claim no intellectual property rights over it. Note that content you upload to your Store will be accessible to other Internet users.
- By uploading content, you agree to the following:
- We may display and store the content you upload.
- We may review what you upload and remove any content we deem inappropriate, at our discretion.
- We may use the content you upload in services owned by Ochanoko for the purposes of promoting your Store or the Service.
- We will not sell your information or disclose your confidential information to third parties, except as necessary to provide our Service, or as required by law. As it is owned by you, you are free to remove your content at any time, and we will not continue to use it after it is removed.
- You may not use the Service or any information provided through it except in accordance with applicable laws (including, without limitation, the Copyright Act of Japan).
- You may not use the Service to transmit or provide anyone with any information or content if the consent of the owner or holder of other rights in it is required, unless you receive such consent.
- If any problems arise due to your actual or alleged breach of copyright laws or other laws protecting intellectual property, you are solely liable for any resulting damages, claims or costs (including, without limitation, litigation costs and attorney’s fees). You further agree to indemnify Ochanoko for any damages, claims or costs we incur due to such claims being brought against us as the result of your breach.
5Ochanoko Rights and Immunities
- We may modify, supplement, or terminate all or any part of the Service for any reason and without prior notice. In such a case, we will notify you after the fact via email or any other method we deem appropriate.
- We may change any of the fees we charge for the Service, including subscription fees, at any time, for any reason, and without prior notice. As with other modifications to the Agreement, these changes will come into effect upon being posted to the Website. Fee changes may apply to existing subscribers as well as new ones.
- We may refuse you access to all or part of the Service and/or your Account for any reason, and are under no obligation to disclose the reason.
- Although we will refrain from doing so under most circumstances, we may change the registration information in your Shop Manager, including password, email address, and payment settings. We will only do so if we have confirmed that you have lost access to your Account or if there is a dispute about Account ownership. We may request government-issued photo ID or credit card details in order to verify your identity before changing any information.
- If there is a dispute about the ownership of an Account, we may determine, at our sole discretion, who is the rightful owner. We may request documentation, such as a business license, government-issued photo ID, or credit card details, for the purpose of determining rightful ownership.
- We own the Service and all of our own content. This Agreement does not grant you the right to use any of our intellectual property without our permission, and you may not create any derivative works of the intellectual property used to deliver or comprising any part of the Service.
- If you contact us with feedback on the Service, we may use this feedback to make changes without any obligations to you, even after this Agreement is terminated.
- We may remove, with no prior warning, any content or accounts we deem to be inappropriate. Reasons for removal include, but are not limited to:
- Content that actually violates or is claimed to violate copyright or other intellectual property rights.
- Content or conduct which violates anyone’s privacy or property, or which encourages privacy violation.
- Defamatory content.
- Content or conduct we deem unethical or disruptive to public order.
- Pornographic or otherwise obscene content.
- The sale to minors of alcohol, tobacco, or other inappropriate goods or services.
- The sale of goods or services likely to be prohibited by the laws of the applicable jurisdiction. These laws may include but are not limited to those of the countries to which your goods may be delivered, in which you are located, or from which the Service is provided.
- Conduct or conduct we deem to be criminal, encouraging of criminal activity, or connected in any way to criminal activity.
- Impersonating someone else, or any other content or conduct that is fraudulent, false, or misleading.
- Using or distributing malware.
- Misusing your Credentials.
- Spamming, or distributing other unsolicited promotions or communications.
- Any content claiming or implying that we are involved in the management of your Store, or that we make any warranties about any products or services you offer.
- Marketing strategies, such as multi-level marketing, which we decide could lead to legal trouble.
- Continuing to engage in any activity which we have warned you to desist.
- Other conduct that we, at our sole discretion, deem inappropriate.
6Limitation of Liability
- You are solely responsible for the contents of your Store or any pages you establish or manage through the Service. If any of your use of the Service infringes on the rights of any other Service users or any third parties, you are solely responsible for any disputes or damages that may arise. We are not to be held accountable for your infringement on anyone’s rights.
- We do not guarantee that your Store or any pages you establish or manage through our Service will be complete, accurate, reliable, profitable, or useful.
- We are not responsible for any claims or demands resulting from your breach of this Agreement, or your violation of any laws or the rights of any third parties. You agree to indemnify us against any such costs.
- We are not responsible for the reliability or security of any third-party services we use, including payment processors.
- We are not responsible for claims relating to your products or fulfillment of orders. These include, but are not limited to, claims relating to any deficiencies in your products or services, or to any issues with shipping, such as loss, delays, or damage. You agree to indemnify us for any and all claims brought by any third party against us in respect of such matters, regardless of whether they have merit or are ultimately successful.
- Although we will take reasonable precautions against data loss, we are not liable for the loss of any data for any reason, or any other losses that may arise in connection with the Service.
- We have no obligations to configure, modify, or repair our equipment.
- We are not responsible for any damages resulting from unauthorized access to our servers.
- We make no warranties or claims that our Service will be free of interruptions or errors. If there are any interruptions, we will strive to restore service as soon as possible. The following is a non-exhaustive list of circumstances in which the Service may be interrupted or suspended:
- The actual or likely occurrence of natural disasters or other extraordinary circumstances.
- Ochanoko system maintenance, either regularly scheduled or in case of emergency.
- Any issues that may arise with any equipment we own or services we use.
- We decide that interrupting or suspending operation of the Service has become necessary for any reason.
- The Service is provided “as is.” We expressly disclaim any implied warranties, including without limitation, warranties as to suitability for any particular purpose. This includes suitability for any Store you operate or have applied to operate, regardless of whether we are aware of its nature.
- We will not be liable for any damages resulting from suspension or interruption of our Service for any reason (including, without limitation, failure of telecommunications networks).
- We will issue no refunds related to the issue of interruption or suspension of our Service.
- We will try to give you adequate notice, via email and by posting on our Website, for any suspension of our Service. However, in the case of an emergency interruption, we may be unable to issue any kind of notice. We are not responsible for any damages that might result from a lack of notice of Service suspension or interruption.
- If we ever decide to permanently terminate the Service, we will notify you one month in advance via email, posting on the Website, or any other methods we deem appropriate.
- If there is so much traffic to your Store that it overloads our servers or threatens other Service users’ sites or access to the Shop Manager, we may temporarily restrict access to your Store. In such a case, we might not notify you of this suspension, but we will try to restore the functionality of your Store within a reasonable timeframe.
- No advice or information, oral or written, you might obtain from Ochanoko or anyone communicating with you on its behalf will function as a modification of this Agreement or constitute any additional representations, warranties or covenants by Ochanoko.
Before filing any claims against us, you agree to contact us first at email@example.com with a description of your claim to try to resolve the issue informally first. We will contact you via email or other means and do our best to find an informal solution. If the dispute remains unresolved 30 days after we receive your first email, you or we may file formal proceedings.
This Agreement shall be governed by and interpreted in accordance with the laws of Japan. By entering into this Agreement you agree to submit to the exclusive jurisdiction of the District Court of Kobe for any disputes that may arise regarding this Agreement, the Service, or any other services administered by Ochanoko.