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Terms and Conditions

Taka Enterprise Ltd.
(有限会社Takaエンタプライズ）
JP-Domains.com

Published in 2008

Chapter 1 (Purpose)

This agreement ("the Agreement") herein sets forth terms and conditions that the contractor ("the User") of Taka Enterprise Ltd. (JP-Domains.com) ("the Company") complies with for any service provided by the Company.

 

Chapter 2 (Modification of the Agreement)

The Agreement may be modified and/or revised without any consent of the User, and the User shall accept such modification and/or revision.

 

Chapter 3 (The General Agreement Subject to the Approval of the Agreement)

1. The Agreement shall involve the contract clauses agreed between the Company and other organizations, with which the Company has contractual relationships ("the General Organizations"), in order to provide its services.

The contract clauses agreed between the Company and General Organizations shall involve articles, regulations, rules, policies, other guidelines, and other laws.

The contract clauses agreed between the Company and General Organizations may occasionally have priority over the validity of the Agreement.

2. Should any modification and/or revision be made to the contract clauses agreed between the Company and General Organizations hereafter, the Agreement shall involve such modification and/or revision, and such modification and/or revision may occasionally be made without any consent of the User.

 

Chapter 4 (Damage/Indemnity)

1. The Company shall not warrant the perfectibility, accuracy, applicability, and availability of any information, service, software, and hardware provided by the Company.

2. The Company shall not be held responsible for any kind of damages and/or losses caused to the User being served, whether such damages and /or losses are owing to the Company's intention or serious fault.

3. Should the User cause any damages and/or losses to others while utilizing the Company's services, the User shall be held responsible for such damages and/or losses, and the Company shall not be held responsible for such damages and/or losses.

 

Chapter 5 (Standard Time Applied to the System)

Japan Standard Time (JST) shall be applied to the system of the Company.

 

Chapter 6 (Operation/Administration of the System)

1. The Company may occasionally shut down its system without any advance notice to the User owing to maintenance work, engineering works, and problems of the system equipment, system problems and maintenance work of the General Organizations' system, and/or any other reasons.

2. Should the system shutdown cause any damages and/or losses to the User, the Company shall not be held responsible for such damages and/or losses caused.

 

Chapter 7 (Fair Use of the Service/the System)

Article 1 (Fair Use of the Services/the System)

The User shall not be allowed, under any circumstances, to put an excessive amount of load on the Company's services as well as on its program, system, and equipment necessary to provide the Company's services ("the System").

Article 2 (Liability for Damages and/or Losses to the Services/the System)

Contrary to the preceding article, should the User put excessive load on the Company's services and System, causing any damages and/or losses to the Company, General Organizations, and/or other users, the User shall be held liable for such damages and/or losses based on the Company's damage/loss evaluation.

 

Chapter 8 (User)

Article 1 (Confirmation of User Registration)

1. User registration shall only be processed in the manner, with the registration information and documents that the Company officially specifies or requires, and this process shall be referred by the Company before completion.

2. The Company shall not put any restriction on the User's location and/or nationality.

3. The Company may occasionally disallow an official user registration of certain individuals in its judgment. In such a case, the Company shall not be required to disclose any reason for such a judgment.

 

Article 2 (User Registration Information)

1. The User shall be held responsible for providing their correct, latest, and accurate information ("Personal Information").

2. The Company shall be authorized to request a certain kind of certificates from the User in order to confirm the correct, latest and accurate Personal Information of the User. Should the User disobey the Company's request, the Company may occasionally cancel their user registration.

3. Should the User have any change in Personal Information, the User shall notify the Company without any delay.

4. Should the User be incurred of any damages and/or losses owing to the failure of the preceding covenant, the Company shall not be held responsible for such damages and/or losses.

 

Article 3 (Cancellation of User Registration)

1. Should the User wish to cancel their user registration, the User shall notify the Company in the manner that the Company officially specifies.

2. Should the Company find Personal Information provided by the User wrong, the Company may occasionally cancel their user registration.

3. Should the User deviate from laws and ordinances, good public order and customs, and any article of the Agreement by utilizing the Company's services, the Company may occasionally cancel their user registration.

4. Should a user registration be cancelled, the Company shall be authorized to administer any domain address and services that are under the control of the User.

5. No user registration shall be restored after its cancellation.

 

Article 4 (Administrative Responsibility for ID and Password)

1. As to initiating the Company's services, the User shall be held responsible for using and administering their registered name or number ("ID") and its password.

2. The Company shall be authorized to suspend the User's registered domain and services by cancelling their user registration. The Company shall not be held responsible for damages and/or losses caused to the User thereby.

3. The Company shall not be held responsible for damages and/or losses caused to the User owing to the fact that the User's ID and its password have been misused by a third party, regardless of whether such damages and/or losses have been caused by the User's intention or fault. Should the User have forgotten their password, the User shall notify the Company without any delay and follow the Company's instructions.

In addition, should the User's ID and its password be misused by a third party, the User shall be held responsible for such consequences, and be required to make payments for the services misused.

 

Article 5 (Restraint on Alienation)

Except as admitted by the Company, the User shall not be allowed to alienate their user rights to a third party or permit a third party to use their user rights, sell or buy, transfer, establish the right of pledge, and/or mortgage their user rights without the Company's permission.

Article 6 (The Company's Administration of Personal Information)

The Company shall administer Personal Information provided by domain registrants in accordance with the privacy policy set forth on the Company's website.

 

Chapter 9 (Payment/Deposit)

Article 1 (Payment/Deposit)

1. An amount of money that the User pays the Company shall be registered as Deposit ("Deposit") on the balance sheet in the Company's database.

2. An applicable amount of money shall be deducted from Deposit, as the User utilizes the Company's services.

 

Article 2 (Currency)

Japanese currency (Japanese Yen) or United States currency (US Dollar) shall be applied for the Company's service prices and Deposit.

 

Article 3 (Payment)

1. The User shall be required to make sufficient payments for their desired services in the manner officially specified by the Company before utilizing the services.

2. The User shall pay the Company only by credit card online. In this regard, the type of credit card available to the User shall be specified on the Company's website.

 

Article 4 (Free of Interest/Prohibition on Establishment of the Right of Pledge)

1. Deposit shall be accompanied with no interest.

2. No right of pledge shall be established on Deposit, and no Deposit shall be mortgaged in any manner.

 

Article 5 (Refund)

1. No payment shall be refunded to the User by the Company under any circumstances.

2. Contrary to the preceding covenant, the User may be refunded by the Company provided that the Company admits the validity of the User's refund claim. In this regard, the Company shall not be required to disclose any reason for such a judgment.

3. No refund shall exceed the total amount of Deposit on the balance sheet of the User. The amount of money that has already been withdrawn from Deposit shall not be refunded.

4. Any payment made by credit card online shall be refunded by its credit card company, or through online credit card transactions.

5. This refund procedure shall require the commission fee officially specified by the Company.

 

Chapter 10 (Domain Services)

Article 1 (List of Domain Services)

The Company's domain services shall involve the following items:

• Confirmation of the availability of domain name
• Registration of domain name
• Change of domain name registrar/transfer of domain name
• Domain name renewal
• Deletion of a domain name
• Re-registration of the deleted domain name
• Editing of the registered information of domain name
• Change of name server information
• Name server host registration
• Change of IP address of name server host
• Deletion of name server
• Other services related to the above items

 

Article 2 (Application/Procedure)

1. The use of and/or application for domain services shall be used and/or processed in the manner officially specified by the company subject to payment of the amount officially specified by the Company.

2. The User shall be held responsible for the use of and application for domain services.

 

Article 3 (Domain Name Registration)

1. The Company shall not warrant the availability of the User's requested domain name at any stage of its procedure.

The Company shall not be held responsible for the unavailability of the User's requested domain name.

2. The User shall be held responsible for not violating any legal right of the Company and third parties under their domain name(s).

3. The User shall be required to provide their correct, latest, and accurate information for domain name registration.

4. The User shall agree that their domain name registration information is made available to the public through the database of the General Organizations (Whois database).

5. The Company shall be authorized to change and/or modify any information of the User's domain name registration without the User's permission.

 

Article 4 (Registration Information)

1. As part of the registration process, User is required to provide Company certain information and to update us promptly as such information changes such that the Company records are current, complete and accurate. User is obliged to provide Company the following information: (a) name, postal address, e-mail address, and voice and fax (if available) telephone numbers; (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and (e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name. Any voluntary information we request is collected in order that Company can continue to improve the products and services offered to User.

2. User agrees and acknowledge that Company will make domain name registration information User provides available to JPRS, JPNIC, ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. User further agree and acknowledge that Company may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws. (a) User hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. User hereby irrevocably waive any and all claims and causes of action user may have arising from such disclosure or use of your domain name registration information by Company. (b) User may access your domain name registration information in Company possession to review, modify or update such information, by accessing domain manager service, or similar service, made available by us through your Reseller. (c) Company will not process or maintain data about any identified or identifiable natural person that Company obtain from User in a way incompatible with the purposes and other limitations which Company describes in this Agreement. (d) Company will take reasonable precautions to protect the information company obtains from User from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

3. User wilful provision of inaccurate or unreliable information, User's wilful failure promptly to update information provided to Company, or any failure to respond to inquiries by Company addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by Company concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of User's domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.

4. The Company, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. User agrees that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

5. User agrees Domain Registration Policy depends on domain extension. Japan Domains (.JP, .CO.JP, .NE.JP, .GR.JP, .OR.JP, .AC.JP, .ED.JP, prefecture .JP domains etc.) are based on the policies determined by the JPRS (http://jprs.jp/about/jp-dom/spec/) and subject to change without notice. Other domain extensions are based on policies determined by ICANN or country specific registries.

 

Article 5 (Domain Name Renewal)

1. The User shall be required to complete the renewal procedure that the Company officially specifies before the date officially specified by the Company for their domain name renewal.

2. Should the User fail to complete the renewal procedure by the date that the Company officially specifies, such a domain name shall be deleted from the registration list within the time that the General Organizations officially specify. In addition, such a domain name may be deleted under the control of the User despite being within the time that the General Organizations officially specify.

3. In case of general-purpose JP domain(s) (.JP), should the User not complete the renewal procedure in the month, the end of which is the renewal deadline for the domain(s), the Company shall be authorized to make application for deletion of the domain(s) to the JPRS after 25 th of the month.

4. In case of general-purpose JP domain(s) (.JP), domains that expire at the end of the month shall be required to be renewed by P.M. 5:00 (JST) on the last day of the month.

5. The User shall be required to be aware of the valid date of and the deadline for the renewal procedure of a domain name.

6. Should the User or any third party who is authorized to use the User's domain name be incurred of any damages and/or losses owing to the deletion of the domain name, the Company shall not be held responsible for such damages and/or losses caused.

7. The Company shall not be required to take any action to prevent unexpected deletion of a domain name and/or re-register such a domain name.

 

Article 6 (Domain Name Recovery/Domain Repemption)

1. The User may recover an expired domain (.JP, .CO.JP, .NE.JP, .GR.JP, .OR.JP, .AC.JP, .ED.JP, prefecture .JP domains etc.) for up to the next 20 days after the expiry date.

2. There will be an additional redemption (JPRS fee) in addition to the renewal fee for the recovery of expired domains.

3. The redemption fee for (.JP, and prefecture .JP domains and IDN domains) is $35. The redemption fee for (.CO.JP, .NE.JP, .GR.JP, .OR.JP, .AC.JP, .ED.JP) domains is $50.

3. After the 20 day redemption period, it will no longer be possible to recover the domain.

4. For (.JP, and prefecture .JP domains), the domain may be re-registered on a first-come-first-serve basis on the 1st of the following month.

5. For ( .CO.JP, .NE.JP, .GR.JP, .OR.JP, .AC.JP, .ED.JP), the domain may be re-applied for 6 months after the expiry date.

 

Article 7 (Transfer of Domain Name From the Company to Other Organizations)

1. The Company shall not be held responsible for domains that are not under the control of the Company or have been removed from the control of the Company.

 

Article 8 (Transfer of Domain Name From Other Organizations to the Company)

1. The Company shall not be held responsible for domains that are not under the control of the Company or have been removed from the control of the Company.

2. The User shall be required to provide their correct, latest, and accurate information for domain name registration.

3. The User shall agree that their domain name registration information is made available to the public through the database of the General Organizations (Whois database).

4. The User shall agree that the domain must be renewed at least once before transfer to other registrars.

 

Article 9 (Editing of Registration Information, WHOIS)

1. The User shall be held responsible for providing accurate information to be registered in the WHOIS

2. Should the JPRS, ICANN, Country Specific Registry require additional information with regards to the WHOIS, the User shall agree to provide documentation or identification.

3. The User shall agree that should the JPRS, ICANN or Country Specific Registry determine the WHOIS information as unacceptable to their respective specifications, the domain may be terminated.

4. The User shall agree that editing of Registration Information (WHOIS) is dependant on the registry and domain extension. For Japan domains (.JP, .CO.JP, .NE.JP, .GR.JP, .OR.JP, .AC.JP, .ED.JP, prefecture .JP domains etc.), the User agrees the policies to update the WHOIS are based on the rules determined by the JPRS (http://jprs.jp/about/jp-dom/spec/) and subject to change without notice. Other domain extensions are based on policies determined by ICANN or country specific registries.

 

Article 10 (Liability for Domain Name Operation)

1. The User shall be held responsible for operation, use, management, and utilization of domain name that is under the control of the User ("Operation of Domain Name")

2. The User shall be required to be aware of the registered information of their domain name(s) and its registration period.

3. The User shall be held responsible for not violating the Agreement and other laws through the operation of their domain name(s).

4. Should a third party register a domain name that is under the control of the User, the User shall be held responsible for complying with the Agreement and other laws.

In addition to the above, the User shall be deemed to have obtained the third party's approval for the Agreement.

5. Should the Company be unable to contact the User through e-mail and/or telephone, the Company may occasionally contact the domain registrant or individual described in the registration information.

6. The User shall be held responsible for not violating any legal right of the Company and third parties through their domain name operation.

7. Should the User operate the domain using the Company's local presence service, if the User displays website content deemed illegal by the laws of Japan, regardless of server or hosting location, the Comany may terminate the website until the User provides their own local representative.

 

Article 11 (Lawsuits Related to Domain Name)

Should the User be involved in a dispute and/or lawsuit brought by a third party over the use of the User's domain name(s), the User shall indemnify the Company and the General Organizations for such a dispute and/or lawsuit and shall not be allowed to implicate the Company and the General Organizations in such a dispute and/or lawsuit.

 

Article 12 (Rejection of Application for Domain Services/Deprivation of Authority)

1. Should the Company acknowledge that any of the below items is applicable to the User, the Company shall be authorized to reject registration application, remove, suspend, abolish, delete, cancel, transfer, modify, or deprive the User's authority over such a domain name.

• The Company acknowledges that User has violated or is likely to violate the Agreement/other laws/General Agreement.
• The Company acknowledges that the Company is likely to receive damages and/or losses.
• The User has applied for registration with false information.
• The User has failed to submit required the documents by the Company which prove that the User's registered information is truly correct by the date officially specified by the Company.
• The User has illegally evaded or is likely to illegally evade payments necessary for maintaining their services.
• The User is likely to violate the dispute-settlement policy.
• The Company acknowledges such treatment is necessary for the Company's system administration.
• Other cases may be applicable in the Company's judgment.

2. The Company shall be authorized to execute any of the above items without any advance notice to the User.

3. Should the User receive any damages and/or losses owing to the execution of any of the above items, the Company and General Organizations shall be deemed to be indemnified for such cases.

 

Article 13 (Termination of Domain Services)

1. Should any one of the below cases occur, the Company shall be authorized to terminate its domain services.

• The Company acknowledges that the Company has had difficulty providing its domain services.
• The General Agreement has expired.
• Other cases may be applicable in the Company's judgment.

2. Should the Company's domain services terminate, the Company shall not refund the payments that have already been made.

 

Article 13 (Contact)

The User shall agree that the Company makes any announcements in the manners specified on the Company's website and/or in any other manners.

 

Article 14 (Governing Law and Judicature)

1. The Agreement shall be governed by and construed accordance with the laws of Japan.

2. Any prosecution related to the Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 

Article 15 (Interpretation of the Agreement)

Should any doubt arise with respect to interpretations of the Agreement, the Company shall be authorized to decide such interpretations with its reasonable judgment.

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