利用規約 / Terms of Service

Reference translation. The Japanese version prevails. Items marked OWNER_FILL or PROPOSED are not yet final.

Terms of Service (reference translation)

Art.1 Application and agreement

1. These Terms set out the conditions for the DNS hosting service and the shared hosting service (including email) provided by MOKLAV GLOBAL GK ("we"), together the "Service".
2. You agree to these Terms by applying for registration. These Terms are standard terms (定型約款) under Art.548-2 of the Civil Code.
3. The Acceptable Use & Abuse Policy, the Privacy Policy and our other Service rules form part of these Terms.

Art.2 Definitions

1. "User" means an individual or entity registered under these Terms.
2. "User Data" means DNS records, website data, email, databases and any other information you store or transmit through the Service.

Art.3 Registration and formation of contract

1. You apply for registration using the method we specify.
2. The contract is formed when we approve your application. Hosting starts when we review and approve your order and the account is created.
3. We may refuse an application in the following cases:
• false or incomplete information;
• you were previously suspended or terminated for violations;
• you fall under Art.17;
• other reasonable grounds.

Art.4 Service
DNS hosting is free. Hosting plans (Shinobi, Ronin, Samurai, Shogun) and their contents are as shown on the Pricing page.

Art.5 Fees and payment

1. Hosting fees are the monthly prices on the Pricing page, consumption tax included. There is no setup fee.
2. Payment method: [OWNER_FILL]
3. Payment timing: [OWNER_FILL]
4. [PROPOSED] Online payment is being prepared, and we are not charging fees yet. Before we start charging, we will notify you in advance. You move to a paid contract only if you place a paid order after confirming:
• the price;
• the payment method and timing;
• automatic renewal;
• how to cancel.

We will not charge fees unless you place that order.

Art.6 Term, renewal and cancellation

1. Contracts are monthly and renew automatically on the same terms unless you cancel. There is no minimum term.
2. [PROPOSED] You may cancel at any time via the panel, the API or another method we specify. Cancellation takes effect at [PROPOSED: the end of the month in which it is requested]. There is no cancellation fee.
3. Treatment of fees for the month of cancellation: [OWNER_FILL]
4. You can cancel an order free of charge before it is approved.

Art.7 Account security

1. You are responsible for your credentials, including passwords and API keys.
2. Acts performed with your credentials are deemed yours, unless we are at fault.
3. Notify us immediately of any leak or misuse.

Art.8 Prohibited acts

• Illegal acts or acts against public order.
• Infringing the rights of others.
• Spam, phishing, malware, or operating botnets.
• Attacks on other networks or systems, unauthorized access, or DNS amplification.
• Other acts listed in the Acceptable Use Policy.

Art.9 Secrecy of communications

1. We protect the secrecy of your communications under Art.4 of the Telecommunications Business Act.
2. We do not learn, misuse or disclose communication contents or other secret information, except:
• (1) with your valid consent;
• (2) as required by law (e.g. a court warrant);
• (3) in self-defence or emergency;
• (4) to the extent necessary for operating and maintaining the Service, handling faults or responding to cyberattacks, where this is a legitimate business act.
3. [OWNER_FILL: whether spam/virus filtering exists] Any email spam or virus filtering is based on your consent and can be changed in the panel.

Art.10 Personal information
We handle personal information under our Privacy Policy.

Art.11 Infringing content

1. When someone claims that information on the Service infringes their rights, we may take takedown or other measures under the Information Distribution Platform Act and the Acceptable Use Policy.
2. We handle requests for sender information under that Act.
• We do not disclose your information without your consent, except on a court order or another legal basis.
• Unless we cannot reach you, we ask for your opinion before disclosing.

Art.12 Suspension and interruption

1. We may suspend or interrupt the Service for:
• maintenance;
• faults or force majeure;
• legal requests;
• a reasonably suspected violation where serious harm must be prevented.
2. We will try to give advance notice, except in emergencies.

Art.13 Suspension and termination for breach

1. If you breach these Terms or the AUP, fail to pay, or breach Art.17, we may ask you to cure the breach within a reasonable period. If you do not, we may suspend or terminate the Service. For serious and urgent breaches we may suspend immediately without notice.
2. Fees on suspension or termination: [OWNER_FILL]

Art.14 Data

1. You are responsible for backing up your own data. Our backups are supplementary and we do not guarantee data integrity, except where data is lost through our wilful misconduct or gross negligence.
2. After the contract ends, we delete User Data after [OWNER_FILL: retention period].

Art.15 Changes to or end of the Service
We will give [OWNER_FILL: e.g. 30 days'] notice of any material change to the Service or of its termination.

Art.16 Limitation of liability

1. [PROPOSED] Except in cases of our wilful misconduct or gross negligence, our liability is limited to ordinary, direct damages actually incurred. It is capped at the fees you paid in the month before the month in which the cause arose (for free services: ¥[OWNER_FILL]).
2. The cap does not apply to wilful misconduct or gross negligence.

Art.17 Exclusion of anti-social forces
You represent that you are not, and will not become, an organized-crime group or other anti-social force. If you breach this, we may terminate without notice.

Art.18 Changes to these Terms
We may change these Terms under Art.548-4 of the Civil Code. We will announce the new text and its effective date on our website a reasonable time in advance.

Art.19 Telecommunications business
We have submitted a notification under Art.16(1) of the Telecommunications Business Act, and it is in process. The notification number will be posted here once issued. [OWNER_FILL]

Art.20 Governing law and jurisdiction
Japanese law governs these Terms. [PROPOSED] Maebashi District Court (or [OWNER_FILL: summary court]) has exclusive first-instance jurisdiction.

Art.21 Language
The Japanese text prevails.

• Enacted: [OWNER_FILL]
• Effective: [OWNER_FILL]

MOKLAV GLOBAL GK (Corporate No. 8070003006022)
〒373-0036 群馬県太田市由良町1671番地1 アレリエスC-202号 (Gunma, Japan)
Representative Member: RANA RAJAN