Terms & Conditions
GMO Cloud.
This agreement (this "Agreement") represents the complete agreement and understanding between GMO Cloud, ("Everywhere") and you, the Everywhere account holder ("you") and supersedes any other written or oral agreement. By establishing an Everywhere account or using the Services (defined below), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, the Everywhere Acceptable Use Policy and Everywhere's other policies (collectively, the "Online Policies")
1.0 Basic Terms
1.1 Everywhere provides Internet access, email, web hosting, and domain hosting as may exist from time to time (the "Services"), to individual account holders ("Members") who pay monthly and who comply with the terms and conditions of this Agreement and the Online Policies. You agree to abide by the terms and conditions of this Agreement and the Online Policies and agree that such Online Policies are incorporated into this Agreement by reference.
1.2 This Agreement is effective from your
acceptance of these terms and conditions, which is indicated by your
clicking the "Accept" button at the end of this Agreement or upon the
first use of the Service through your account, whichever is first.
Current Account Charges, including billing methods, rates, and
surcharges for using the Service, may be found in Everywhere's Rate
Sheet
at http://everywhere.jp/price.html
1.3 You agree that Everywhere may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges, and; (3) alter the Services at any time. Any such revisions will be binding and effective immediately on the earlier of posting the revised Agreement on Everywhere's home page, or on notification to you by email. You agree to review the Agreement periodically to be aware of any such revisions. You agree that, by continuing to use the Service following any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by the methods described in Section 9 hereof.
1.4 LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS SERVED BY EVERYWHERE. IT IS YOUR RESPONSIBILITY TO CONTACT YOUR LOCAL TELEPHONE COMPANY TO DETERMINE IF USE OF A PARTICULAR EVERYWHERE DIALUP NUMBER WILL CAUSE YOU TO INCUR TOLL CHARGES. EVERYWHERE IS NOT RESPONSIBLE FOR PAYING ANY LONG DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES.
1.5 If you are a current Member when this Agreement becomes effective, your continued use of the Service signals your acceptance of the terms of this Agreement.
2.0 Use of Services
2.1 Everywhere user accounts are for individual users and you therefore agree not to share the password of the account. Members must be at least 18 years of age. Everywhere dial accounts are not intended as excessive usage accounts. They are for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for these purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Everywhere maintains the right to terminate any member's connection following any extended period of inactivity as determined by Everywhere. You agree that Everywhere may establish limits concerning the maximum duration you may use Everywhere service in a given period of time.
2.2 You agree to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters.
2.3 Any means of identification assigned to you by Everywhere in order for you to use the Service is and will remain the property of Everywhere. This identification may be altered or replaced at any time by Everywhere. These means of identification include but are not limited to account usernames and email addresses.
2.4 You agree to use the Services only as permitted by applicable local, state, provincial and federal laws ("Law"). Any use of the Service not in compliance with Law, this Agreement or the Online Policies may result in the immediate termination of your account.
2.5 Except for software provided by Everywhere, you are responsible for providing all computer equipment and software necessary to access the Service. You will be responsible for the maintenance of any equipment or software not provided by Everywhere. You agree to be bound by the terms and conditions of the End User License Agreement for any software provided to you by Everywhere.
3.0 Payment of fees
3.1 You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service. Current Account Charges, including billing methods, rates, and surcharges for using the Service, and fees associated with late payment, returned checks etc., may be found in Everywhere's Rate Sheet at http://www.everywhere.jp/products/price.php. Everywhere reserves the right to change prices, service bundles, or product offerings. Everywhere reserves the right to collect applicable taxes, and impose premium surcharges for users with excess usage.
3.2 All Members pay by credit card , bank transfer and Postal transfer payment method and are billed monthly in advance, with a calendar month billing period. New accounts paying by credit card are activated immediately upon receipt and validation of credit card information. All funds paid to Everywhere are non-refundable in the event of account cancellation.
3.3 Accounts that are delinquent are put on "accounting lock" and may not be used. Everywhere accounts continue to accrue charges while they are locked. Accounts that are on accounting lock will only be "unlocked" after the Everywhere Accounting department has cleared the account and the account is paid in full. Everywhere may, at its sole discretion, charge a fee of 1,500 yen to reinstate a suspended account. You acknowledge full responsibility for the account until payment in full is made.
3.4 You agree to pay all Sales and Use Taxes, Duties, or Levies which are required by Law. You agree to pay all attorney and collection fees arising from efforts to collect any unpaid balance on your account.
3.5 If you believe that Everywhere has charged you in error, you must contact our customer service department within 60 days after such charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
4.0 Availability of Services
4.1 Everywhere makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Everywhere reserves the right to change the Service at any time with or without notice. Features of the Service that are subject to change include, but are not limited to: access procedures, commands, documentation, hours of operation, menu structures, and vendors. Everywhere cannot and will not guarantee that the Service will provide Internet access that is sufficient to meet your needs.
4.2 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER EVERYWHERE NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS.
5.0 Content of Communications
5.1 The Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on Everywhere's or its partners computer servers and on the Internet generally ("Content"). Everywhere does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on Everywhere's or its partners servers or on the Internet generally which may violate this Agreement or the Online Policies. Accordingly, Everywhere can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through Everywhere's servers or the Internet generally. YOU AGREE THAT YOU MUST EVALUATE AND BEAR THE RISKS ASSOCIATED WITH THE SUBJECT MATTER, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE TO YOU ON OR THROUGH THE SERVICE.
5.2 You agree that Everywhere has the right, but not the obligation, to remove Content from Everywhere's computer servers which Everywhere, in its sole discretion, determines to be in violation of this Agreement or Everywhere's Online Policies.
5.3 Everywhere reserves the right to distribute specific service-related or informative emails to our subscribers on an ad hoc basis that it feels is pertinent to the quality of our service.
6.0 Copyright and Other Rights
6.1 The Service provides access to Content that is protected by copyrights, trademarks, trade secrets, patents, intellectual property rights, and other proprietary rights ("Rights") of independent third parties. You agree to use such Content only in accordance with applicable Law and the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content. Except as expressly permitted by the owner of such proprietary rights, you may not reproduce, upload, post, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
6.2 You agree that by posting or transmitting Content to any public area (e.g. public chat rooms, message boards, software libraries) you automatically grant -- or warrant that the owner of such Content has expressly granted - Everywhere the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
7.0 Disclosure of Subscriber Information
7.1 Everywhere has no obligation to monitor the Service. However, Everywhere may monitor the Service electronically and may disclose information regarding your use of the Service as may be necessary or advisable to satisfy applicable Law or governmental requests; to operate the Service properly; or to protect itself or its members.
7.2 You agree and consent that information regarding your account may be processed by: (i) Everywhere, Everywhere service-related partners, Everywhere third party network carriers, Everywhere third party network carriers Provisioning Entities, and Everywhere third party carriers agents both within and outside the United States and outside the country where Data is obtained in connection with processing Customer's Order, and the delivery, installation, support, and maintenance of the Services; (ii) Everywhere, Everywhere third party Carriers, and their Affiliates to incorporate Data into global databases of all Everywhere third party carriers and their affiliate customer information, accessible from any part of the world via web technology (or such other appropriate technology) to assist Everywhere third party carriers and their affiliates in providing better or complementary or ancillary products and services to you.; and (iii) Everywhere, and their Affiliates (both within and outside the United States, and outside the countries where data is obtained by Everywhere) in order that Everywhere may use Data to more effectively market Everywhere products and services to you in the future.
8.0 Disclaimer of Warranties; Limitation of Liabilities
8.1 You agree that Everywhere may establish limits concerning use of any Everywhere Services offered, including without limitation the maximum number of days that email messages will be retained by any Everywhere Services, the maximum number of email messages that may be sent from or received by an account on any Everywhere Services, the maximum size of an email message that may be sent from or received by an account on any Everywhere Services, the maximum disk space that will be allotted on Everywhere servers on your behalf, and the maximum number of times and duration you may access any Everywhere Services in a given period of time.
8.2 You agree that Everywhere has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Everywhere Services. You acknowledge that Everywhere reserves the right to log off accounts that are inactive for an extended period of time as determined by Everywhere.
8.3 EVERYWHERE MAKES NO WARRANTY THAT ANY EVERYWHERE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. EVERYWHERE DOES NOT MAKE ANY EXPRESS WARRANTY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH ANY Everywhere SERVICE OR ON THE INTERNET GENERALLY. Without limiting the generality of the foregoing, Everywhere expressly disclaims any and all loss or liability resulting from: (1) loss of data; (2) loss of software or hardware; (3) loss or liability resulting from access delays or access interruptions; (4) loss or liability resulting from computer viruses; (5) loss or liability resulting from data non-delivery or data mis-delivery; (6) any other loss or liability resulting from the negligent acts and/or omissions of Everywhere or Everywhere subscribers; (7) loss and liability resulting from any errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service, and; (8) loss or liability resulting from acts of God.
8.4 UNDER NO CIRCUMSTANCES SHALL EVERYWHERE, ITS AFFILIATES, OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF (OR THE USE OF OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT) THE SERVICES OR THE INTERNET GENERALLY OR YOUR INABILITY TO USE THE SERVICE; ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
9.0 Termination; Cancellation
9.1 Everywhere shall have the right to terminate, or restrict, your Service at any time, if Everywhere, in its sole discretion, determines that you are in violation of this Agreement or the Online Policies. You agree that, if Everywhere determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that Everywhere will have no liability to you for any restriction or termination of your Service pursuant to such violation.
9.2 IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF ITS TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING THE SERVICE BY CANCELING YOUR EVERYWHERE ACCOUNT.
9.3 To cancel your account, you must contact Customer Service. Cancellations must be made 30 days in advance. There are no refunds for any prepaid service plans ,or partial month credits.
9.4 All Everywhere accounts must be paid in full before cancellation will be considered complete.
10.0 Miscellaneous
10.1 This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflicts of law provisions. Additionally, Tokyo District Courts will have exclusive jurisdiction over any issue arising as a result of this Agreement.