Copyright:
All materials on
www.websitedesignjapan.com are copyright protected. You may not
download, print or copy any of the content on this website. Using any
images or content from this website on other websites is prohibited
unless permission is granted. Using any images or content from this
website in published or unpublished materials is also prohibited
unless permission is granted.
Refund Policy:
The following applies to payment of
website design and construction services, hosting services, domain
name registration, search engine submission and any other services we
offer. We do not offer refunds on any payments received for our
services. We provide all of our customers with the opportunity to see
a substantial version of their website before we receive payment.
In doing so we have already invested substantial time and money into
the project which we would not be able to claim back.
Credit Card Payments:
Services offered by Website Design
Japan and paid for by credit card are purchased using PayPal, sold by
PayPal and supplied by Website Design Japan or an affiliated company.
If any of these points are unclear or you have any
questions please contact us at
email us
at
info@websitedesignjapan.com.
Web Hosting:
We offer web hosting with our web
design projects. Clients are welcome to choose us as their host
or use another hosting service. If clients decide to use our
hosting service the following conditions apply:
Where the content
states: "We" includes WebsiteDesignJapan.com or any party acting on
WebsiteDesignJapan.com's implicit instructions. "You" includes the
person purchasing the services and/or any party acting on the
customer's instructions. "Member" includes the purchaser of services
and/or any party acting on the purchaser's instructions. "The
Registrant" includes the person applying for a domain name or any
party acting on the Registrant's instructions. "The Registry" refers
to the relevant domain names Registry. "Server" means the computer
server equipment in connection with the provision of the Services.
"Web Site" means the area on the Server allocated by us to you for use
by you as a site on the Internet. "TOS" includes this agreement.
WebsiteDesignJapan.com reserves the right to modify this policy at any
time, effective immediately upon posting of the modification to this
URL: http://www.websitedesignjapan.com/TermsConditions.htm. In
consideration of the mutual covenants herein, the parties agree to the
following, which shall apply during the term of this agreement:
By using any portion of WebsiteDesignJapan.com's service, you are
agreeing to this service agreement on this document entirely.
1. Domain Name Registration and SSL certificates
1.1 We make no representation that the domain name you wish to
register is capable of being registered by or for you or that it will
be registered in your name. You should therefore not assume
registration of your requested domain name(s) until you have been
notified that it has or they have been registered. Any action taken by
you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the
terms and conditions of use applied by the relevant naming authority;
you shall ensure that you are aware of those terms and conditions and
that you comply with them. You shall have no right to bring any claim
against us in respect of refusal to register a domain name. Any
administration charge paid by you to us shall be non-refundable
notwithstanding refusal by the naming authority to register your
desired name.
1.3 We shall have no liability in respect of the use by you of any
domain name; any dispute between you and any other person must be
resolved between the parties concerned in such dispute. If any such
dispute arises, we shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the domain name. We
shall also be entitled to make representations to the relevant naming
authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full
payment for that domain has been received by us.
1.5 WebsiteDesignJapan.com reserves the right to revoke or refuse an
SSL certificate with or without prior notice
1.6 WebsiteDesignJapan.com reserves the right to increase/decrease our
SSL prices at anytime with or without prior notice
1.7 WebsiteDesignJapan.com reserves the right to provide the customer
with another equivalent SSL certificate should the advertise one not
be available
1.8 WebsiteDesignJapan.com provides no warranties or guarantees on the
nature and functionality of the certificates.
1.9 WebsiteDesignJapan.com does not provide technical support for SSL
certficates.
2. Personal Web Hosting Account
2.1 Customer may not resell space in their account. Personal accounts
are to be used by the primary owner only, account holders are not
permitted to resell, store or give away web-hosting services of their
website to other parties. This includes email services, cgi scripts,
mySql services Web hosting services are defined as allowing a
separate, third party to host content on the owner\'s web site.
Exceptions to this include ad banners, classified ads, and personal
ads. Should customer wish to host materials for companies that are not
under direct control of customer, arrangements should be made by
sending mail to info@websitedesignjapan.com. Failure to comply with
this is grounds for immediate suspension of account until such time as
the issue is resolved. Unauthorized Reselling or Providing Access
Personal Account Services such as offering email services and
accompanying features for use by individuals outside of the required
use on your own account; the reselling or giving away of CGI and other
scripts installed on WebsiteDesignJapan.com Servers; or providing
access codes to individuals not authorized to receive such materials
as necessary for the running of your website or account.
3. Use of services
3.1 Excessive CPU, Bandwidth or Disk Space Usage has the ability to
compromise our shared hosting environment. This is the result of using
the system in a manner that encumbers disk space, processors or other
system resources beyond the allowances of your specific plan type and
to the degree that your usage compromises the hosting accounts of our
other customers.
3.2 Excessive resource usage - cgi scripts or other executable code
that consumes an undue amount of CPU time [defined dynamically by
WebsiteDesignJapan.com at will] will be reprioritized if possible, or
we will ask you to discontinue its use either permanently or the
script is altered by yourself or third party to operate in a less
resource-hungry manner. Failure to cease operator of the offending
executable will be considered as server abuse. WebsiteDesignJapan.com
reserves the right to terminate any process which it deems to be using
excessive resource usage.
3.3 Background processes - background process [that is, application or
utilities that are started from within an interactive shell login, and
set to run permanently in the background on a server] are not to be
initiated without prior arrangement with use. We reserve the right to
examine all code before it is run on the server. Running of background
processes without prior arrangement in and confirmation in writing
from WebsiteDesignJapan.com is server abuse.
3.4 Compiling - User rights to access compiler software is available
upon request and arrangement. Once again, we choose to examine any
code that is compiled and executed from our hardware. If you need
access to the CP compiler, please contact us describing your need for
access. Compiling without prior arrangement and written confirmation
is server abuse.
3.5 Mailing Lists - WebsiteDesignJapan.com has allocated tools to
ensure proper delivery of opt-in opt-out mailing lists and normal
email. It is important that you use these tools accordingly. All full
packages include access to the pre-installed Mailman Mailing List
Software. Large mailing lists, (those exceeding 500 subscribers) sent
using the WebsiteDesignJapan.com Services, must be sent using the
mailing list tools that have been pre-installed for this purpose. If
your mailing list exceeds 1,500 addresses you should contact
WebsiteDesignJapan.com requesting permission to send the mailing
through the WebsiteDesignJapan.com servers prior to sending any
messages. Sending a large mailing through mailing list software other
than WebsiteDesignJapan.com pre-installed software can adversely
affect the flow of email. Should such a large mailing disrupt normal
services or create unacceptable server loads, the account associated
with the mailing risks termination.
3.5a Mailing lists operated on WebsiteDesignJapan.com servers must be
double opt-in with specific clear instructions in order to opt-out
3.6 Pornography - WebsiteDesignJapan.com prohibits the storage and
transmission (inbound and outbound) of pornography with the exception
of softcore erotic art. Written permission must be obtained before any
pornographic material is stored and/or transmitted through
WebsiteDesignJapan.com servers.
3.7 Copyright software, Warez, destructive applications, copyright
media, proprietary computer information and hacking & cracking sites
are strictly prohibited on any portion of our services and network.
Customers storing & transmitting (inbound and outbound) files that
violate copyright or other federal laws are grounds for instant
termination of service.
3.7a Warez Sites are sites that are typically used by "hackers" to
trade (upload/download) illegally pirated copies of software programs
with one another. WebsiteDesignJapan.com has a zero-tolerance policy
on all Warez Sites. Sites that become a trading post for "warez"
programs will be reported to any and all regulatory, administrative,
and/or governmental authorities for prosecution. In addition to your
account being deleted from our servers, you may face legal action that
can be taken against you by the programmers/software companies of the
copyrighted software.
3.8 Any incident of server abuse is grounds for immediate and
unconditional account termination. Common examples of abusive
practices are listed below and WebsiteDesignJapan.com reserves the
right of interpretation as to what constitutes abusive practices. In
short - if you are unsure that your actions may be perceived as an
abuse of service, contact WebsiteDesignJapan.com directly to check
with us before proceeding.
3.8a Ignorance of your actions and consequences does not exempt you
from liability
3.8b WebsiteDesignJapan.com reserves the right to financially penalise
any customer violating this agreement. The amount the customer is
penalised is determined by WebsiteDesignJapan.com. The customer agrees
to pay all financial penalties placed by WebsiteDesignJapan.com in
full and within 30 days.
3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly
forbidden. This is considered server abused and is grounds for
immediate termination.
3.10 Trafficking of illegal content - in the same way that storing
illegal content on your account is banned, likewise is the utilization
of your account to traffic illegal content, by any means or method, it
must not reside on nor pass through a WebsiteDesignJapan.com servers.
3.11 IRC sessions - Using WebsiteDesignJapan.com servers to run an
Internet Relay Chat [IRC] session is grounds for immediate
termination. This includes the use of BNC and other redirection
servers to indicate a source address on any WebsiteDesignJapan.com
server. Running IRC from our servers makes them targets for attack.
Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs,
Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC
connection (daemons), 'bouncers', 'eggdrops' and the like are strictly
prohibited. We will give no warning before terminating this activity
and the account responsible.
3.12 Hacking / Denial of Service - Network activity that constitutes
an attack on any internet host from a WebsiteDesignJapan.com is
grounds for immediate termination of likely prosecution.
3.13 Selling for free - WebsiteDesignJapan.com prohibits any portion
of its services to be resold without charge. This includes but not
limited to: entire hosting accounts, email services, scripts, FTP
accounts, MySQL databases, applications, licenses, webspace and
bandwidth (this includes image hosting and file/data hosting services,
either free or subscription/fee based).
1.13a Proxy websites and such are prohibited.
3.14 Any reselling of WebsiteDesignJapan.com services is prohibited
unless clearly stated otherwise. Portions of a cPanel shared account
may not be resold under any circumstances. Only resources in
WebHostManager may be resold under a reseller agreement (i.e. with the
purchase of a reseller package).
3.15 WebsiteDesignJapan.com backs up data for its own use and disaster
recovery. The customer is encouraged to make their own backups.
Customers may request 1 free restore per month. WebsiteDesignJapan.com
makes it backups to an offsite location. We do not make any guarantees
on the integrity and reliability of the backups.
3.16 WebsiteDesignJapan.com guarantees a 99% server uptime to shared
hosting customers. The following credit schedule applies:
98 - 99 = 80% service credit
97.99 - 95.00 = 100% service credit
3.16a Customers claiming credit under our uptime guarantee must do so
by opening a ticket within 72 hours of the incident with their
username, main account domain and PayPal subscription ID or latest
order number if you are paying by credit card. All requests after 72
hours of the downtime incident happening will be void.
3.16b Uptime guarantee and crediting schedule do not apply to
subaccounts created by resellers and VPS customers.
3.17 WebsiteDesignJapan.com guarantees a 99% network uptime guarantee
to customers. Conditions in section 3.16a apply and the crediting
policy set in 3.16 of this agreement also apply to this condition.
3.18 WebsiteDesignJapan.com has the final say and will determine the
uptime of our servers and will base its uptime on our own monitoring
systems. External monitoring statistics set up by customers will not
be considered as evidence of uptime/downtime.
3.19 Only one promotion can be used when ordering. Multiple promotions
cannot be combined together and used together. Only one promotion per
paying account. WebsiteDesignJapan.com reserves the right to refuse a
promotion to a customer.
3.19a WebsiteDesignJapan.com reserves the right to revoke a promotion
already being used or a new promotion introduced with or without prior
notice
3.19b WebsiteDesignJapan.com reserves the right to reduce the
advertised time of the promotion running time with or without prior
notice
3.20 Customers wishing to take advantage of our "free migration from
your old host" are limited to 25 free migrations from cPanel to cPanel
servers. After the 25 initial migrations, the user is responsible to
the transferring of files. Users should note that they are free to
upload full cPanel backup files to our systems for us to restore. In
which case we can restore up to 250 sites free of charge.
4.0 Customer Responsibility
4.1 The customer is liable and responsible for all actions of their
account and subaccounts created by the customer. As the customer you
agree to accept all responsibility and liability for your actions and
the actions of your subusers either directly or indirectly.
4.2 Terms of Service violations as a result of a subuser account being
exploited with or without knowledge will be the responsibility of the
account holder.
4.2a Customers are responsible for the content of the accounts they
create. If those accounts are hacked/abused, the reseller will be
accountable for all costs and liability.
4.3 The account holder agrees to actively monitor their subaccounts to
ensure all subaccounts and their own account are abiding by all of
WebsiteDesignJapan.com's policies and Terms Of Service
4.4 The legal liability and legal responsibility of the subaccounts of
the customer belongs to the customer.
4.5 WebsiteDesignJapan.com reserves the right to financially charge
the customer for any contract violation.
4.6 If an IP assigned to a client is blocked and/or blacklisted,
WebsiteDesignJapan.com will impose a non-negotiable $100.00 penalty
fee payable within 24hrs. WebsiteDesignJapan.com reserves the right to
take further action should this bill remain unpaid.
4.7 Customers are responsible for ensuring that the domain they choose
upon sign up is the domain they wish to use. If the customer requests
to have the domain name of the main account changed, he/she will have
to purchase a new domain name.
5.0 Payment and Bills
5.0a All accounts are set-up on a pre-pay basis only
5.1 WebsiteDesignJapan.com provides a 3-day no interest credit period
to the customer to allow resolution of any payment issues.
WebsiteDesignJapan.com reserves the right to reduce the credit period
time at its own discretion at anytime. WebsiteDesignJapan.com reserves
the right to impose a late fee of no more than $5 for unagreed late
payments.
5.2 WebsiteDesignJapan.com will suspend your account if outstanding
bills have not been paid in within 5 days. WebsiteDesignJapan.com
reserves the right to suspend the account
5.2a If after 7 days outstanding bills owed to WebsiteDesignJapan.com
have not been paid in full and no further credit arrangements have
been made, WebsiteDesignJapan.com will terminate all hosting accounts
and deactivate all other services purchased through
WebsiteDesignJapan.com until all owed amounts have been paid in full.
5.3 After account suspension, WebsiteDesignJapan.com will not provide
you with any account backups unless the full outstanding bill has been
paid in full before backups are deleted.
5.4 WebsiteDesignJapan.com reserves the right to impose a
re-activation fee for accounts that have been suspended.
5.5 WebsiteDesignJapan.com reserves the right to impose a late fee for
circumstances where your bill has not been paid in full and on time
6.0 Refunds & Cancellations
6.1 You can only cancel your account by contacting support by email
supplying your: Main account domain, username, password, subscription
number or latest order number
6.1a If you do not cancel using the procedures set in section 6.1,
your account will not be canceled and will be subject to charges
6.2 Accounts canceled under our 16 day money back guarantee are
subject to a full refund for the hosting account only (less any
additional fees), UNLESS the account was purchased under a special
promotion held by WebsiteDesignJapan.com.
6.2a Accounts purchased under any WebsiteDesignJapan.com promotion
(with our without coupon code) are EXCLUDED from the 16 day money back
guarantee.
6.2b Any free additional services provided are deducted from the total
refund amount of customers requesting a refund under our 16 day money
back guarantee. The following fees are deductable (hence will not be
refunded):
WHMCS: $5.00
ClientExec: $5.00
SSL certificate: $10.00
Domain Reseller: $1.00
Support Desk Software: $1.00
If you have requested or used any of the above services, they will not
be refunded as part of the 16 day money back guarantee and thus
considered as chargeable items.
6.3 If you have violated our Terms of Service, the 16 day money back
guarantee no longer applies to you
6.4 Domains, SSL certificates, IP addresses and any additional
services ordered are not governed by our 16 day money back guarantee
6.5 If you are requesting credit under our 99% uptime guarantee (i.e.
we did not provide you with 99% uptime), then the request must be
submitted within 72 hours of the incident happening. Otherwise the
request will be void.
6.6 You must allow up to 30 days for credit and refunds to be
processed and applied to your account
6.7 If you have paid yearly for your account but cancel while having
unused months not yet paid for, the remaining unused amounts will not
be refunded. Customers have 16 days to request a refund regardless of
how many days, weeks, months or years you have paid for.
8.0 End-user Support
8.1 If your package includes end-user support, WebsiteDesignJapan.com
will only begin the end-user support part of the package once you
provided us with your company name, email to send notifications to and
desired password. This must be done via ticket.
8.2 WebsiteDesignJapan.com has no guaranteed response time but aims to
respond within 24 hours.
8.3 WebsiteDesignJapan.com will be acting on your behalf. Thus you are
responsible for the content and nature of the replies
WebsiteDesignJapan.com provides.
8.4 WebsiteDesignJapan.com does not provide support desk installation
or help with configuration of a support desk. This is the
responsibility of the customer.
8.5 Customer must use the support system provided by
WebsiteDesignJapan.com in order to use our end-user support service
8.6 WebsiteDesignJapan.com will keep itself anonymous and make every
attempt to ensure your customers do not find out about
WebsiteDesignJapan.com but we cannot guarantee your customers will not
be able to find out about us by themselves.
9.0 Support Restrictions
9.1 WebsiteDesignJapan.com does not provide support for 3rd party
scripts including all scripts listed in Fantastico, RVSiteBuilder,
ClientExec and any other script unless explicitly stated.
9.2 If you send an email requesting support for a 3rd party script,
your email will be reprioritized as low priority and may be closed
without an answer.
9.3 The offer of any particular service does not constitute an
obligation on WebsiteDesignJapan.com part to tutor the necessary
skills to utilize that service, only to provide system-specific
information.
9.4 problems with domain names/DNS issues are NOT directly the
responsibility of WebsiteDesignJapan.com. DNS is a cooperative system
and works solely because the parties involved in running the system
agree to cooperate in the furtherance of the DNS/domain system. We
will do our best to isolate the source of the problem at hand, however
unless this source is hardware directly under the control of
WebsiteDesignJapan.com, then the task of acquiring a solution will
fall back into your hands. WebsiteDesignJapan.com will advise when
requested, but rarely intermediate in domain issues not directly
related to the operation of one of our DNS servers.
9.5 WebsiteDesignJapan.com covers free initial migration from your
previous host. This service is limited to cPanel/WHM to cPanel/WHM
transfers. We offer basic troubleshooting after account migration to
ensure things have been transferred successfully.
WebsiteDesignJapan.com does not cover 3rd party script
troubleshooting. It is your responsibility to ensure your scripts are
compatible with our server environment.
9.6 The same support restrictions also apply to our end-user support
10.0 Lawful Purpose
10.1 WebsiteDesignJapan.com reserves the right to refuse service to
anyone. Customers may only use WebsiteDesignJapan.com server for
lawful purpose. Transmission of any material in violation of any
Federal, State or Local regulation is prohibited. This includes, but
is not limited to copyrighted material, material legally judged to be
threatening or obscene, and material protected by trade secrets. The
designation of any materials as such described above is left entirely
to the discretion of WebsiteDesignJapan.com management. Regardless of
the place of signing this agreement, the client agrees that for
purposes of venue this contract was entered into in Japan, and any
dispute will be litigated or arbitrated in Japan.
11.0 Indemnification
11.1 CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
WebsiteDesignJapan.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY\'S FEES
ASSERTED AGAINST WebsiteDesignJapan.com, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS WebsiteDesignJapan.com AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH
WebsiteDesignJapan.com SERVERS; (2) ANY MATERIAL SUPPLIED BY CUSTOMER
INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A
THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE
PRODUCTS SOLD TO CUSTOMER FROM WebsiteDesignJapan.com SERVERS.
12.0 Disclaimer
12.1 WebsiteDesignJapan.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOUR BUSINESS MAY SUFFER. WebsiteDesignJapan.com MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
WebsiteDesignJapan.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING
FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY WebsiteDesignJapan.com AND ITS EMPLOYEES.
WebsiteDesignJapan.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT
ANY TIME.
12.2 WebsiteDesignJapan.com RESERVES THE RIGHT TO
CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR
WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE
ORGANISATION OR ANY OTHER REASON. WebsiteDesignJapan.com RESERVES THE
RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT
NOTICE.
12.3 ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
WebsiteDesignJapan.com MUST ADHERE TO THE MENTIONED HERE POLICIES.
12.4 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
13.0 Intellectual Property Rights
13.1 Material accessible to you through WebsiteDesignJapan.com
services may be subject to protection under the United States or other
copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner
of such rights, you must not use WebsiteDesignJapan.com or its servers
and network in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material, which
you access or receive through the WebsiteDesignJapan.com network. If
you use a domain name in connection with WebsiteDesignJapan.com or
similar service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.
14.0 Contract
14.1 WebsiteDesignJapan.com reserves the right to revise, amend, or
modify this AUP, our TOS (Terms of Service) and our other policies and
agreements at any time and in any manner. Notice of any revision,
amendment, or modification will be posted in accordance with our TOS
(Terms of Service). All users of WebsiteDesignJapan.com Internet
services, and their clients, must comply with this AUP and our TOS
(Terms of Service). Please check back regularly for any updates
15.0 Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of
Prohibited Activities, is an integral part of your Hosting Agreement
with WebsiteDesignJapan.com. If you engage in any of the activities
prohibited by this AUP document WebsiteDesignJapan.com may suspend or
terminate your account.
WebsiteDesignJapan.com's Acceptable Use Policy (the "Policy") for
WebsiteDesignJapan.com Services is designed to help protect
WebsiteDesignJapan.com, WebsiteDesignJapan.com's customers and the
Internet community in general from irresponsible or, in some cases,
illegal activities. The Policy is a non-exclusive list of the actions
prohibited by WebsiteDesignJapan.com. WebsiteDesignJapan.com reserves
the right to modify the Policy at any time.
Prohibited Uses of WebsiteDesignJapan.com Systems and Services:
A. Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark, trade
secret or other intellectual property right used without proper
authorization, and material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any
form of Unsolicited Bulk Email through WebsiteDesignJapan.com's
servers is prohibited. Likewise, the sending of UBE from another
service provider advertizing a web site, email address or utilizing
any resource hosted on WebsiteDesignJapan.com's servers, is
prohibited. WebsiteDesignJapan.com accounts or services may not be
used to solicit customers from, or collect replies to, messages sent
from another Internet Service Provider where those messages violate
this Policy or that of the other provider.
C. Running Unconfirmed Mailing Lists. Subscribing email addresses to
any mailing list without the express and verifiable permission of the
email address owner is prohibited. All mailing lists run by
WebsiteDesignJapan.com customers must be Closed-loop ("Confirmed
Opt-in"). The subscription confirmation message received from each
address owner must be kept on file for the duration of the existence
of the mailing list. Purchasing lists of email addresses from 3rd
parties for mailing to from any WebsiteDesignJapan.com-hosted domain,
or referencing any WebsiteDesignJapan.com account, is prohibited.
D. Advertising, transmitting, or otherwise making available any
software, program, product, or service that is designed to violate
this AUP or the AUP of any other Internet Service Provider, which
includes, but is not limited to, the facilitation of the means to send
Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing,
denial of service attacks.
E. Operating an account on behalf of, or in connection with, or
reselling any service to, persons or firms listed in the Spamhaus
Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
F. Unauthorized attempts by a user to gain access to any account or
computer resource not belonging to that user (e.g., "cracking").
G. Obtaining or attempting to obtain service by any means or device
with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt
thereof, of any information of any WebsiteDesignJapan.com customers or
end-users by any means or device.
I. Knowingly engage in any activities designed to harass, or that will
cause a denial-of-service (e.g., synchronized number sequence attacks)
to any other user whether on the WebsiteDesignJapan.com network or on
another provider's network.
J. Using WebsiteDesignJapan.com's Services to interfere with the use
of the WebsiteDesignJapan.com network by other customers or authorized
users.
Customer Responsibility for Customer's Users
Each WebsiteDesignJapan.com customer is responsible for the activities
of its users and, by accepting service from WebsiteDesignJapan.com, is
agreeing to ensure that its customers/representatives or end-users
abide by this Policy.