Terms of Service

1. These Terms apply to every aspect of the relationship between the Service and the User in connection with the use of the Service.

2. The specifications, plans, fees, support policies and other individual provisions that the Service publishes within the Service (the "Individual Provisions") form part of these Terms.

3. Where these Terms and the Individual Provisions differ, the Individual Provisions prevail.

4. The User is deemed to have agreed to these Terms at whichever of the following occurs first.

1. Applying to register an account
2. Signing in to the console of the Service
3. Creating a server, database, bucket or other resource within the Service

5. The handling of personal information is governed by the Privacy Policy, and the disclosure of fees and transaction conditions by the Act on Specified Commercial Transactions page.

In these Terms, the following words have the meanings set out below.

1. "Service" means UGOEMO Cloud as provided by us, together with all incidental services.
2. "Console" means the web administration interface a User signs in to in order to create, modify, delete and monitor resources.
3. "Ugo Account" means the external authentication platform (an OpenID Connect identity provider) used by the Service for single sign-on.
4. "Resource" means a CloudCompute virtual machine, a Minecraft Server, a Managed Database, an Object Storage bucket or any other unit a User creates within the Service.
5. "Guest OS" means the operating system running on the virtual machine of a CloudCompute instance, Minecraft Server or Managed Database.
6. "User Content" means all data, programs, files and settings that a User stores on a Resource or transmits or publishes through the Service.
7. "Points" means the yen-denominated prepaid balance issued by the Service that can be applied to payment of usage fees.
8. "Shared IP" means a connection model in which a global IP address is shared between multiple Users and Resources are mapped to it per port using NAT.
9. "Dedicated IP" means a connection model in which a single Resource uses a global IP address exclusively.
10. "Data transfer" means the combined volume of traffic sent and received by a Resource.

1. The Service may amend these Terms where either of the following applies.

1. The amendment is in the general interest of Users
2. The amendment does not conflict with the purpose of the contract and is reasonable in light of the necessity for it, the appropriateness of the amended content and the surrounding circumstances

2. Where the Service makes such an amendment, it will publish the amended Terms and their effective date at least 14 days in advance on the news page of the Service or by any other means it considers appropriate. This does not apply to minor amendments that do not restrict Users' rights, nor to formal amendments made to reflect changes in law.

3. If a User uses the Service on or after the effective date, the User is deemed to have agreed to the amended Terms. A User who does not agree should terminate in the manner set out in Article 40 before that date.

1. Notices from the Service to Users are given by console notification, email to the registered address, or publication on the news page or the service status page.

2. A notice by email is deemed to have reached the User when it is sent, and a notice by publication when it is published.

3. Users can choose in the console whether to receive incident information and announcements by email. Notices concerning billing, overdue payment, termination and other important matters may be sent regardless of that setting.

4. Users should contact the Service through a console support ticket or the contact form on the Service.

1. Registration is completed when an applicant agrees to these Terms, applies in the manner prescribed by the Service, and the Service approves the application.

2. Registering and holding an account is free of charge. Fees arise only from the moment a User creates a Resource.

3. A User who signs in with a password must complete email verification by opening the link sent to the registered address. Sign-in is not possible until verification is complete.

4. The Service may decline an application where it considers that any of the following applies, and is under no obligation to give reasons.

1. The application contains false, incorrect or missing information
2. The applicant has previously had a registration cancelled for breach of these Terms
3. The applicant is a minor or an adult ward, person under curatorship or person under assistance who has not obtained the consent of their legal representative, guardian, curator or assistant
4. The applicant falls within the anti-social forces described in Article 43, or has dealings or other involvement with them
5. The Service considers that the applicant lacks the ability to pay
6. The Service otherwise considers registration inappropriate

5. Users may not hold multiple accounts without the prior written consent of the Service. In particular, creating multiple accounts in order to claim redemption codes or other benefits more than once is prohibited.

1. Users may sign in with single sign-on using an Ugo Account. The first time a User signs in this way, any existing account with the same email address is linked automatically.

2. Use of an Ugo Account is additionally subject to the terms of its provider. Sign-in is not possible while the email address is unverified on the Ugo Account side.

3. On receiving a logout or profile-update notification from the Ugo Account provider, the Service may end the session within the Service or update the registered information.

4. Where sign-in is impossible because of a failure, specification change or discontinuation of the Ugo Account, the Service bears no liability, as provided in Article 46.

1. The User shall manage, at their own responsibility, their account information and the following credentials issued through the Service.

1. The console sign-in password and session
2. SSH public keys registered on a Guest OS and the corresponding private keys
3. Object Storage access keys and secret keys
4. Passwords for the administrative and additional users of a Managed Database
5. The RCON password and FTP password of a Minecraft Server
6. Any other token, code or credential issued by the Service

2. Under no circumstances may a User transfer, lend, rename, sell or share an account or its credentials with a third party.

3. Every act performed within the Service using an account or its credentials is treated as the act of the User holding that account, and the resulting payment obligations and liability rest with that User.

4. On becoming aware of the theft or misuse of an account or credential, or of any risk of it, the User shall notify the Service immediately and follow its instructions.

5. The Service is under no obligation to restore a password or other credential that a User has lost or forgotten.

1. Where the registered name, email address, billing information or other registered details change, the User shall update them in the console without delay.

2. A User who requires a qualified invoice shall register their registration number in the billing information. The invoice reproduces the registered information as entered, and the User is responsible for its accuracy.

3. The Service is not liable for undelivered notices, incorrect invoice details or other disadvantages arising because registered information was not up to date.

1. The Service provides the following. The detailed specifications, available configurations and fees of each are as set out on the service pages of the Service and in the console.

1. CloudCompute — virtual machines built from cloud images. Users can choose a plan (vCPU and memory), disk capacity, network type and link speed.
2. Minecraft Server — managed Minecraft servers for both the Java and Bedrock editions, with FTP and RCON operation from the browser.
3. Object Storage — object storage with an S3-compatible API, with buckets switchable between public and private.
4. Managed Database — managed databases running MySQL, MariaDB, PostgreSQL and any other engine the Service declares support for.

2. In providing the Service, we use virtualisation platforms, storage, network equipment, DNS, payment processing and other products and services supplied by third parties.

1. An order is placed at the moment the User instructs the console to create a Resource, and the Resource becomes usable once provisioning completes. Provisioning may take several minutes.

2. Users may delete a Resource from the console at any time. No termination request procedure is required.

3. When a Resource is deleted, the User Content stored on it is lost immediately and cannot be restored. Users shall move any data they need elsewhere before deleting.

4. When a Resource is created, the Service checks the User's Point balance, unbilled projected charges and linked automatic payment methods, and may restrict creation where it considers that the ability to pay is insufficient.

5. The Service may stop accepting new creations of a particular plan, disk type, network type or region for reasons of stock, capacity or other operational circumstances.

1. On prior notice to Users, the Service may change, add to or discontinue the content of the Service, its plan line-up, its fees, the available OS images, the Minecraft versions and flavors, the database engines and versions, and other conditions on which it is offered.

2. Where development and security updates for a software version have ended upstream, the Service may remove it from the available options and end its provision for existing Resources.

3. Price increases and other significant changes that disadvantage Users will, as a rule, be announced at least 30 days before they take effect. A User who does not agree may terminate before the effective date.

4. The Service may discontinue all or part of the Service. In that case it will endeavour to notify Users at least 60 days before the discontinuation date.

1. Global IP addresses issued within the Service are allocated to the Service or its upstream providers. The right to use them is licensed to the User only for the period the Resource is in use, and the User acquires no ownership or other right in them.

2. With a Shared IP, the global IP address is shared with other Users and individual ports are issued to the Resource by NAT. With a Dedicated IP, the Resource uses the global IP address directly.

3. The Service may change the IP address, NAT ports or FQDN assigned to a User where necessary for operational reasons such as a change of network design, equipment replacement or circumstances at an upstream provider.

4. Assignment and release of additional public IP addresses is carried out only where the Service, on a request submitted from the console, has reviewed the technical need and the available stock and approved it. The Service may reject a request, in which case it notifies the User with its reasons.

5. To prevent abuse, use as an attack relay and similar events, the Service may block or restrict traffic on particular ports or protocols without prior notice.

6. Reverse DNS is configured only where the Service considers it appropriate. Users shall not hold the Service liable for any difficulty arising from reverse DNS being configured or not configured.

1. Each plan has a monthly data transfer allowance per calendar month, calculated as the sum of traffic sent and received. This does not apply to plans with no stated allowance.

2. When creating a Resource, the User shall choose one of the following as the treatment of usage above the allowance.

1. Throttling — no additional charge arises, and the link speed is limited to the speed stated in the plan for the remainder of that calendar month.
2. Metered billing — the link speed is maintained and usage above the allowance is charged at the unit price stated in the plan.

3. Data transfer is measured by the Service, and where the Service's figures differ from the User's, the Service's figures govern.

4. The Service notifies Users by console notification and email when data transfer approaches and when it exceeds the allowance. Receipt of that notice is not a precondition for charging or throttling.

5. The data transfer counter is reset to zero when an invoice is issued.

6. On request, a User may be granted an additional data transfer allowance. The unit price of the additional allowance is the plan's overage price multiplied by the rate set by the Service.

1. For Minecraft Server, world data is backed up daily at a time set by the Service and deleted automatically after a set period. Whether backups are taken and how often depends on the console settings.

2. Apart from the preceding paragraph, the Service is under no obligation to back up User Content. Users shall back up CloudCompute virtual machines, data held in a Managed Database and Object Storage objects at their own responsibility and expense.

3. The backups described in paragraph 1 are provided as an operational convenience, and the Service does not guarantee that they will be taken successfully, that their contents will be complete, or that a restore from them will succeed.

4. The Service is under no obligation to retain backups relating to a Resource after that Resource has been deleted.

1. The Service carries out the maintenance needed to keep the Service running. Planned maintenance is, as a rule, announced on the news page or the service status page at least 7 days beforehand.

2. Urgent maintenance, responses to security vulnerabilities and incident recovery may be carried out without prior notice.

3. Maintenance may involve rebooting or temporarily stopping Resources, live migration and similar effects.

4. The Service publishes ongoing incidents and the history of past incidents on the service status page.

1. Support is provided through console support tickets, the contact form on the Service and the official Discord.

2. Support hours, response times and the scope of support are as separately determined by the Service. The Service does not guarantee response times.

3. Support covers only the equipment, network and console features provided by the Service. Configuration inside the Guest OS, middleware, applications, plugins or mods installed by the User, and the content of programs and data created by the User are outside the scope of support.

4. Where the Service performs work inside a Guest OS at a User's request, it is not responsible for the outcome.

5. The Service may restrict or refuse support where a User's conduct is seriously inappropriate.

1. The Service may offer features expressly identified as beta, preview or otherwise experimental ("Preview Features").

2. Preview Features are provided as is, and the Service gives no warranty as to their quality, stability, continued availability or the preservation of data. The Service may change or discontinue a Preview Feature without prior notice.

1. The fees for the Service are those displayed within the Service. All displayed prices exclude tax, and Japanese consumption tax at the statutory rate is added when an invoice is issued.

2. The monthly charge for a Resource is the sum of the following components. Which components apply depends on the type of service.

1. The plan fee (vCPU and memory, or the Minecraft plan or Managed Database plan)
2. The disk fee (according to type and capacity)
3. The network fee (according to whether a Shared IP or Dedicated IP is used; each additional public IP adds one Dedicated IP fee)
4. The fee for the chosen link speed
5. Data transfer overage and additional allowances under Article 13
6. Usage-based fees for Object Storage capacity
7. Costs for any additional configuration individually agreed with the Service

3. Internet access charges, communication charges and other costs incidental to using the Service are borne by the User.

4. An issued invoice records the tax rate in force at the time of issue, so a subsequent change of rate does not alter the breakdown of that invoice.

1. The billing period is the calendar month, and the Service bills in arrears.

2. Where a Resource is created or deleted during a calendar month, the charge is prorated by the number of days it was running in that month. A day on which the Resource ran is counted as a full day regardless of how long it ran.

3. Notwithstanding the preceding paragraph, data transfer overage is charged on the volume actually transferred and is not prorated, and the plan allowance is not apportioned for Resources created mid-month.

4. Object Storage capacity is measured daily and calculated on a prorated basis from the measurements taken during the calendar month.

5. Deleting a Resource does not remove the obligation to pay for use up to the moment of deletion.

1. At the start of each month the Service issues an invoice covering the previous month's usage, makes it viewable in the console and notifies the registered email address.

2. Payment is due within 7 days of the date the invoice is issued.

3. Where the Point balance covers the invoiced amount at the time of issue, the Service debits that balance automatically and treats the invoice as paid.

4. No invoice is issued where the total of the line items for the calendar month is zero.

1. Users shall pay usage fees by one of the following methods.

1. Applying the Point balance
2. Online payment via PayPal
3. Online payment by credit card (Stripe)

2. Users may link a PayPal account or a credit card to their account so that invoices are paid automatically when issued.

3. Payment processing fees are borne by the Service. Costs of reversals, re-processing and other additional handling arising for reasons attributable to the User are borne by the User.

4. Payments are processed by external payment providers, and card numbers and other payment details are not retained by the Service. The terms and procedures of those providers apply directly between the User and the provider.

5. Where payment does not complete for reasons not attributable to the Service, such as an outage or a screening decision at a payment provider, the User shall pay by another method by the due date.

1. Points are denominated in yen and may be applied to usage fees at one yen per Point.

2. Points are granted by redeeming a redemption code issued by the Service and, while the Service accepts them, by online purchase.

3. The Service may suspend the sale of Points at any time. Points already granted remain usable for payment even while sales are suspended.

4. Points are sold as tax-inclusive consideration, and consumption tax is accounted for at the time of purchase. Applying Points to a usage fee therefore does not attract consumption tax again.

5. A redemption code may carry a total redemption limit, a per-user redemption limit and an expiry date. The Service may invalidate codes that have been obtained or used improperly.

6. Points cannot be exchanged for cash, refunded, transferred to a third party, sold or moved to another account.

7. Where Points have been granted in error through a system fault, fraud or any other cause, the Service may reverse them.

8. Unused Points lapse if a registration is cancelled or the Service is discontinued, except where the law requires otherwise.

1. Users may issue an invitation link from the console and invite others to the Service.

2. Where a User who registered through an invitation pays a usage fee, Points calculated at the rate and for the period determined by the Service are granted to the inviting User. The Service may change that rate and period by publishing the change within the Service.

3. The Service may withhold and reverse benefits where any of the following applies.

1. The User invited themselves or an account they effectively control
2. Accounts were created solely in order to obtain the benefit
3. Invitation links were sent indiscriminately to unrelated third parties
4. The Service otherwise considers the conduct contrary to the purpose of the referral programme

1. Where a User does not pay by the due date, the invoice is treated as overdue.

2. Where payment is still outstanding 7 days after the due date, the Service may suspend all of that User's Resources.

3. Where payment is still outstanding a further 7 days after that suspension (14 days after the due date in total), the Service may delete all of that User's Resources. The User Content stored on them is then lost and cannot be restored.

4. Once all outstanding invoices are paid, Resources suspended before deletion are restored automatically. The Service is not liable for data inconsistencies or other effects arising during the suspension.

5. Suspension or deletion does not extinguish the obligation to pay fees accrued up to that point.

6. Where a User is late in paying, the Service may charge late payment interest at 14.6 per cent per annum from the day after the due date until payment is made in full.

1. Because the Service consists of the provision of services, refunds are not available once use has begun.

2. Notwithstanding the preceding paragraph, where the Service was unable to provide the Service for reasons attributable to it, or where an invoice was incorrect, the Service will void the invoice and refund the amount paid.

3. Refunds are made, as a rule, by the method used for payment. Amounts paid with Points are returned as Points.

1. A User who disputes the content of an invoice shall notify the Service, with reasons, within 30 days of the date of issue.

2. Where no such notice is given within that period, the invoice is deemed to have been accepted, unless there is a manifest error in the Service's calculation.

3. Even where an invoice is disputed, the User shall pay the undisputed portion by the due date.

When using the Service, the User must not engage in, nor allow a third party to engage in, any of the following.

1. Conduct that violates laws or public order and morals
2. Conduct connected with, or that facilitates, criminal activity
3. Infringing the intellectual property, portrait rights, privacy, reputation, credit or other rights or interests of the Service, other Users or third parties
4. Discriminating against, defaming, threatening or damaging the reputation or credit of others
5. Using the Service for fraud, gambling, conduct that breaches payment services legislation or other unlawful transactions
6. Interfering, or risking interference, with the operation of the Service
7. Damaging the reputation of the Service
8. Reselling or leasing the Service or any part of it to third parties as a substantially similar service without the prior written consent of the Service (this does not cover letting third parties use an application, website or game server that the User operates themselves)
9. Using the Service in a manner grossly inappropriate to the purpose for which it is provided
10. Any other conduct that the Service reasonably deems inappropriate

In addition to the preceding Article, the User must not engage in any of the following.

1. Unauthorised access to third-party systems, or any attempt at it
2. Unauthorised port scanning, vulnerability scanning, penetration testing or other probing
3. Conducting denial-of-service attacks (DoS / DDoS), or acting as a relay or staging point for them
4. Sending spam, indiscriminate advertising or other email that recipients have not consented to receive
5. Running an open mail relay, open proxy, open DNS resolver or any other service exposed in a state that invites abuse by third parties
6. Distributing malware, ransomware or exploit code, or operating command-and-control infrastructure
7. Hosting phishing sites, spoofed sites or other sites intended to deceive
8. Spoofing source IP addresses, MAC addresses or other identifiers, or using addresses that have not been assigned
9. Interfering with, analysing or attempting to escape the isolation of the Service's virtualisation platform, hypervisor, storage, network equipment or other Users' Resources
10. Circumventing rate limits, authentication, reCAPTCHA or other technical controls built into the Service
11. Operating an exit node of an anonymity network without the consent of the Service
12. Any other conduct that harms the security of the Service's or a third party's network

1. The User must not store, transmit or publish the following User Content within the Service. The same applies to placing it where third parties can obtain it through a public Object Storage bucket, files distributed by a Minecraft Server or a public endpoint.

1. Child sexual abuse material or other content that infringes the rights of children
2. Obscene material and other content whose distribution is prohibited under Japanese law
3. Works copied without the rights holder's permission, and pirated software or game clients
4. Content that includes the trade secrets, personal information or confidential information of others without proper authority
5. Content relating to trade in illegal drugs, weapons, controlled substances or other prohibited goods
6. Content that incites suicide, self-harm, violence or terrorism
7. Content intended to deceive third parties into parting with money or information

2. Users shall comply with the licence terms of any software they install on a Guest OS and of any Minecraft plugin, mod, resource pack or world data, and shall clear the necessary rights at their own responsibility.

1. Parts of the Service involve multiple Users sharing compute, storage and network capacity. Users must not use the Service in a way that impairs use by others.

2. The following are treated as breaches of the preceding paragraph.

1. Sustained consumption of CPU, disk I/O or network bandwidth far beyond what the contracted plan contemplates
2. Use for cryptocurrency mining or other purposes whose object is the consumption of compute capacity itself, except where individually approved by the Service
3. Repeatedly creating and deleting Resources in order to avoid charges, obtain benefits or for similar purposes
4. Placing excessive load on the Service's API or console by automated means
5. Using Object Storage for file distribution or mirroring that generates heavy traffic, without the consent of the Service

3. Where the Service identifies use falling within the preceding paragraph, it may notify the User and then throttle bandwidth, suspend the Resource or take other necessary measures. Where the matter is urgent, it may act before notifying.

1. Users are solely responsible for their User Content. The Service does not warrant its content and is under no obligation to monitor it.

2. Where a bucket in Object Storage is set to public, the objects in it can be retrieved by third parties without authentication. Users are responsible for whether that setting is appropriate and for its consequences.

3. Where a User enables the public endpoint of a Managed Database, the User shall set the permitted source IP addresses appropriately. Without a source restriction, the database accepts connections from anywhere.

1. To keep the Service running reliably, to calculate charges and to prevent misuse, the Service collects and records the following.

1. The running state of Resources, their resource usage and data transfer statistics
2. The mapping between IP addresses and MAC addresses assigned to Resources
3. Connection counts, query rates and other operating metrics of Managed Databases
4. Object Storage capacity in use
5. The history of operations on the console and the API, together with access times and source IP addresses

2. In normal operation the Service does not inspect the contents of User Content stored inside a Guest OS. It may do so to the extent necessary where the law requires it, where it is responding to a rights infringement report, where it has the User's consent for incident investigation, or where there is another legitimate reason.

3. Information collected under this Article is handled in accordance with the Privacy Policy.

1. Where the Service considers that a User has breached these Terms or is at risk of doing so, it may take any or all of the following measures. Which measures are taken, and in what order, is decided by the Service according to the nature and urgency of the breach.

1. A warning and a request to remedy the breach within a stated period
2. Blocking particular ports or traffic
3. Throttling the link speed
4. Suspending Resources
5. Deleting Resources
6. Suspending use of all or part of the Service
7. Cancelling the account registration
8. Reporting the matter to law enforcement or another competent authority

2. Where infringement of a third party's rights or interests is ongoing, where the security of the Service's equipment is threatened, or in any other urgent case, the Service may take those measures without prior notice, and will notify the User promptly afterwards.

3. The Service is not liable for loss suffered by a User as a result of measures under this Article, and the obligation to pay fees is not suspended while they are in force.

1. Anyone whose rights are infringed through the Service may report this to [email protected], stating the right infringed, how it is infringed and information identifying where the material is located.

2. On receiving such a report, the Service will consider it and may, where it considers it necessary, put enquiries to the User or take measures to prevent transmission of the information.

3. The Service may comply with requests for disclosure of sender information where the law so provides.

1. The Service protects the secrecy of communications learned in the course of providing the Service, in accordance with the Telecommunications Business Act.

2. Notwithstanding the preceding paragraph, the Service may handle or disclose information relating to communications to the extent necessary where the law so provides, under a court warrant, in response to an enquiry from an investigative authority, where urgently necessary to protect the life, body or property of a person, or where the act is otherwise justified.

1. The Service is responsible for the following.

1. Operating the data centre facilities, physical servers and physical network
2. Operating the virtualisation and storage platforms
3. Operating the network equipment, firewalls and NAT under its management
4. Providing the console and provisioning functionality
5. Providing the OS image and initial middleware configuration at the time a Resource is created

2. The User is responsible for the following.

1. Configuration of the Guest OS, management of its accounts and application of security updates
2. The configuration, operation and vulnerability management of middleware and applications installed on the Guest OS
3. The content of firewall rules, exposed ports and permitted source IP addresses
4. The content, accuracy, rights clearance and backup of User Content
5. Object Storage bucket visibility settings and the management of access keys
6. The schemas, users, privileges and parameter settings of a Managed Database

3. The initial configuration supplied when a Resource is created does not include subsequent security updates. Users shall apply those updates at their own responsibility.

1. Copyright and other rights in User Content belong to the User or the rightful owner. The Service does not acquire them.

2. The Service may handle User Content to the extent necessary to provide and maintain the Service, to recover from incidents and to comply with the law.

3. The Service may compile statistical information in order to improve the Service. Statistical information is processed into a form in which individual Users and User Content cannot be identified.

1. In each of the following cases, the Resource and the User Content stored on it are deleted and cannot be restored.

1. The User deletes the Resource from the console
2. The Resource is deleted for late payment under Article 24, paragraph 3
3. The Resource is deleted as a measure under Article 33, paragraph 1
4. The registration is cancelled under Article 42
5. All or part of the Service is discontinued

2. In those cases the Service is under no obligation to preserve or hand over User Content before deletion.

3. For billing, accounting and statutory record-keeping purposes, the Service retains invoices, transaction records and operation histories for the periods required by law, including after the contract ends.

1. Neither the User nor the Service may disclose to a third party non-public information disclosed to it by the other in connection with the Service, without the other's prior written consent.

2. The preceding paragraph does not apply to disclosure required by law or to information that was already public when disclosed.

1. Users may end their use of a Resource at any time by deleting it from the console. No formal termination request is required.

2. A User who wishes to delete the account itself shall request this through a support ticket or the contact form. The Service will comply once it has confirmed that no amounts are outstanding and that the request comes from the account holder.

3. Fees accrued up to the point of termination or deletion are prorated in accordance with Article 19 and included in the next invoice.

1. The Service may suspend or interrupt all or part of the Service without prior notice to Users where any of the following applies.

1. Maintenance, inspection or replacement of equipment is being carried out
2. Provision becomes difficult through force majeure such as earthquake, lightning, fire, power failure, natural disaster or an epidemic
3. A telecommunications carrier, upstream network provider, electricity supplier or other third party has ceased its service
4. A virus infection, unauthorised access or other incident has occurred or is likely to occur
5. Suspension is required by law or by a request from a public authority
6. System overload, congestion or another operational necessity arises
7. The Service otherwise reasonably considers suspension or interruption necessary

2. The Service is not liable for loss suffered by Users or third parties as a result of a suspension or interruption under this Article.

1. Where any of the following applies to a User, the Service may restrict all or part of their use of the Service, or cancel their registration, without prior notice or demand.

1. The User has breached any provision of these Terms
2. Registered details are found to be false
3. The User has been late in paying on two or more occasions, or is considered to lack the ability to pay
4. A suspension of payments, insolvency, or a petition for bankruptcy or civil rehabilitation or a similar proceeding has occurred
5. The User is found to fall within the anti-social forces described in Article 43
6. The User has not responded to communications from the Service for 30 days or more
7. 12 months or more have passed since the last sign-in and the User holds no running Resources
8. The Service otherwise considers it inappropriate for the registration to continue

2. The Service is under no obligation to give reasons for measures under this Article.

3. Where a registration is cancelled under this Article, the User loses the benefit of time for all obligations owed to the Service and shall discharge them immediately.

1. The User and the Service each represent and warrant that they are not, and will not become, an organised crime group, a member or quasi-member of one, a company related to one, a corporate racketeer, a group engaging in criminal activities under the guise of a social movement, a special intelligence violent group or anything comparable ("anti-social forces").

2. The User and the Service each undertake not to engage, whether directly or through a third party, in violent conduct, deception or intimidation, obstruction of business, damage to credit or anything comparable.

3. Where a party breaches either of the preceding paragraphs, the other party may terminate the contract under these Terms immediately without demand, and is not liable for any loss the breaching party suffers as a result.

1. On termination the User shall immediately cease using the Service, and the Service may delete that User's Resources and User Content.

2. Obligations to pay fees already accrued survive termination.

3. On termination, unused Points lapse and are not refunded.

1. The Service is provided as is. The Service does not warrant any of the following.

1. That the Service will be uninterrupted or free from faults
2. That the Service will meet any particular level of availability (the Service does not offer a service level agreement)
3. That User Content will not be lost, damaged or altered
4. That the Service is fit for a User's particular purpose or will produce the results a User expects
5. That the Service is free from defects in fact or in law
6. That products, services or software supplied by third parties will operate correctly

2. Users acknowledge that the Service is provided on a best-effort basis and shall meet their own availability and durability requirements through their own design.

1. The Service is not liable for loss suffered by a User arising from any of the following.

1. Suspension or interruption of the Service for any of the reasons listed in Article 41
2. Faults, information leaks or data loss arising from the User's own configuration, operation or administration
3. Faults arising from software, plugins, mods or applications installed by the User
4. Use by a third party arising from the User's failure to manage credentials properly
5. Faults or specification changes in payment providers, the authentication platform, DNS providers or other third-party services
6. Matters arising from internet connectivity or the User's own devices or software environment
7. Unauthorised access, attacks or interference by third parties

2. The Service is not responsible for any transaction, communication or dispute arising between a User and another User or a third party in connection with the Service.

3. The Service is not liable for the loss of or damage to User Content, as provided in Article 14.

1. Any liability of the Service towards a User is limited to ordinary and direct loss actually incurred as a result of causes attributable to the Service, and does not extend to lost profits, lost business opportunities, the cost of recovering data, claims by third parties or other loss arising from special circumstances.

2. The amount payable under the preceding paragraph is capped at the total usage fees actually paid by that User to the Service during the 12 months up to and including the month in which the cause of the loss arose.

3. The preceding two paragraphs do not apply where the Service has acted with intent or gross negligence. Where a User is a consumer within the meaning of the Consumer Contract Act and that Act or another law renders these provisions void, that law governs.

1. A User who breaches these Terms or otherwise causes loss to the Service in connection with use of the Service shall compensate that loss, including reasonable legal fees.

2. Where a third party brings a claim against the Service in connection with a User's use of the Service, the User shall resolve it at their own cost and responsibility and shall compensate the Service for any loss it suffers.

1. Users may not assign, transfer or pledge their status under these Terms or any rights or obligations arising from them without the prior written consent of the Service.

2. Where the Service transfers the business relating to the Service to a third party, it may transfer to the transferee its status under these Terms, the rights and obligations arising from them and Users' registered information, and Users consent to this in advance.

If any provision of these Terms, or part of one, is held void or unenforceable by law, the remainder of these Terms and the remainder of that provision continue in full force.

Article 7 paragraph 3, Article 22 paragraph 6, Articles 24, 26 and 31, Article 35, Article 37, Article 38 paragraph 3, Article 39, Article 44, Articles 45 to 48 and this Article onwards survive termination of the contract.

1. The formation, effect, interpretation and performance of these Terms are governed by the laws of Japan.

2. Any dispute between the Service and a User concerning the Service or these Terms shall be submitted to the exclusive jurisdiction of the Chiba District Court in the first instance.

The Japanese text of these Terms is the authoritative version. Where a translation provided for reference differs from the Japanese text, the Japanese text prevails.

Enquiries about these Terms should be sent through the contact form on the Service or to the address below.

Operator: Ugoemo Inc. Representative: Naoya Iida Address: 70 Wing Tsuchiya, Narita-shi, Chiba 286-0029, Japan Email: [email protected]