Chapter 1 General Provisions

Transcription

1 Agreement on SAKURA Cloud Service Chapter 1 General Provisions Article 1 Application of the agreement 1. The agreement on SAKURA Cloud Service (hereinafter referred to as the Cloud Agreement ) is an agreement for each service that applies to the SAKURA Cloud Service and the optional services thereof which are provided by SAKURA Internet Inc. (hereinafter referred to as our company ), consisting of Chapter 1 that stipulates the basic agreement for each service and Chapter 2 that sets forth the agreements for options. 2. The User of this service shall comply with the Basic Agreements and the Cloud Agreement specified by our company. Article 2 Content of the service 1. The SAKURA Cloud Service is a service to provide the function of the virtual server sitting on servers installed in the data center of our company exclusively to the User, with settings the User selected by combining the CPU, data storage area capacity, memory capacity, and other resources (referred to as the Basic Service throughout the Cloud Agreement). Article 3 Date of start of use, and conclusion of the Service Contracts 1. Notwithstanding Article 5, Paragraph 2 of the Basic Agreements, the provision of the Basic Service and optional services thereof (hereinafter collectively referred to as the Cloud Service ) will start on the date the Service Contracts is concluded effectively (date of start of use), no matter whether the payment of the initial fee has been confirmed. 2. If the User requests the addition or change of services for the Cloud Service to which the User subscribes, the provision of the requested service will start tentatively when said request is made, regardless of Article 5, Paragraph 2, Article 6, Paragraph 1 and Article 7, Paragraph 2 of the Basic Agreements. If it is found that the User falls under any item in Article 6, Paragraph 1 of the Basic Agreements after the start of provision of said service, our company may stop offering said service without accepting the request for a change in accordance with said paragraph. Article 4 Payment of fees 1. Notwithstanding Article 13, Paragraphs 2 and 4 of the Basic Agreements, the User shall pay the fee for use of the Cloud Service from the first day to the last day of each month (hereinafter referred to as the fee for the current month ) by the 10th day of the following month. 2. Methods for paying the fee for the Cloud Service are limited to the method specified by Article

2 12, Paragraph 2, Item 3 of the Basic Agreements (payment with a credit card), unless approved by our company separately. Notwithstanding Article 12, Paragraph 2 of the Basic Agreements, even if the fee for the Cloud Service is 100,000 yen or over, a credit card may be used for payment; provided, however, that if the fee for the Cloud Service exceeds the amount set by our company, our company may request the User to use another payment method. 3. Our company will acquire the credit line of the User s credit card according to the use records. If our company cannot acquire said credit line, the User shall agree that the User will not be able to add or change the types of the Cloud Service. Article 5 Minimum period of use 1. Notwithstanding Article 15, Paragraphs 1 and 2 of the Basic Agreements, there is no minimum period of use for the Cloud Service. Article 6 Cancellation of the Service Contracts 1. Notwithstanding Article 29, Paragraph 4 of the Basic Agreements, the User may cancel the Service Contracts by notifying our company with a method designated by our company, on the day of notification; provided, however, that for the Optional Service of providing an additional IP address, the User shall pay the total amount of fees for the month concerned, regardless of the timing of cancellation. Article 7 Temporary suspension of use by the User, etc. 1. The User may suspend the use of the Basic Service with a method designated in the page of the Basic Service. 2. The details of the fee in the case of suspension of use mentioned in the previous paragraph or usage fees and the payment method are specified in the page of the Basic Service. 3. Notwithstanding the first paragraph, the User shall not conduct the following act. i. To suspend the use of the Basic Service for over three months 4. If the User conducts the act mentioned in the previous paragraph, our company may ask said user to do either of the following acts by notifying said user at least one month in advance. i. To resume the use of the Basic Service that is being suspended ii. To terminate the Service Contracts of the Basic Service that is being suspended 5. If the User does not conduct either of the acts mentioned in the previous paragraph for a set period after the notification mentioned in the previous paragraph, our company may carry out all or some of the following measures. i. To terminate the Service Contracts of the Basic Service that is being suspended ii. To suspend the provision of the Basic Service that is being suspended or limit the use of the

3 Basic Service in accordance with Article 24 of the Basic Agreements. iii. To take measures following Article 25 of the Basic Agreements iv. To cancel the Service Contracts for the Basic Service that is being suspended, in accordance with Article 28 of the Basic Agreements 6. The details of items regarding the above paragraphs will be specified in the page of the Basic Service. Article 8 Handling of physical servers 1. Users shall not enter the sites mounted with physical servers where virtual servers are set. Article 9 Quality assurance 1. Our company will guarantee the quality of the Cloud Service, in accordance with Service Level Agreement (SLA) on SAKURA Cloud, which is separately specified by our company and described in our website. Article 10 Discount Passport 1. Discount Passport (hereinafter referred to as the Passport ) means a system in which a specific service or plan of the Cloud Service (hereinafter referred to as the discounted service ) is discounted for a specified period, if the User pays a predetermined price (hereinafter referred to as the fee for the Passport ). The service page of our company specifies the fee for the Passport, the discount period, discount rate, and other passports. 2. Before applying for the Passport, the User shall understand and agree with the following items. i. It is possible to apply for the Passport, only if the purpose of use is business (hereinafter referred to as the business purpose ). Our company and the User shall deem that said application is for the business purpose. ii. Even if the User cancels all or part of the discounted service during the discount period or the fee for the discounted service is revised, our company will not refund the fee for the Passport fully or partially or extend the discount period, regardless of reasons. Chapter 2 Regulations for Optional Services Section 1 Additional IP Address (referred to as the Optional Service in this section) Article 11 Application 1. Only users who are using the Router + Switch service out of the Basic Service may apply for the Optional Service.

4 2. If the Service Contracts of the Router + Switch service is terminated, the Service Contracts of the Optional Service will be terminated. Section 2 Hybrid Connection (referred to as the Optional Service in this section) Article 12 Application 1. The User may apply for the Optional Service as long as the User is using the Basic Service of the either of SAKURA Dedicated Server Service, SAKURA VPS Service, SAKURA Cloud Service, Housing Service, and Remote Housing Service (hereinafter collectively referred to as the services to which the Optional Service applies ). Article 13 Payment of fees 1. Notwithstanding Article 13, Paragraph 4 of the Basic Agreements, the User shall pay the initial fee for use of the Optional Service by the end of the following month of the month to which the date when the User started to use the Optional Service belongs. 2. Notwithstanding Article 13, Paragraph 4 of the Basic Agreements, the User may re-specify a payment method for the Fee for the Optional Service from those set forth in Article 12, Paragraph 2 of the Basic Agreements; in addition, the User may pay the Fee for the Optional Service with the payment method specified by the User for said service to which the Optional Service applies (excluding the SAKURA Cloud Service, and the SAKURA Dedicated Server Service if time billing has been selected therefor), by adding up the Fee for the Optional Service with that for the service to which the Optional Service applies. Article 14 Cancellation 1. Even if all the Service Contracts concluded with the User for the respective services to which the Optional Service applies have been terminated or cancelled, the contract for the Optional Service shall remain in effect, and the Optional Service may be cancelled only through the procedure specified by our company in accordance with the Basic Agreements. Section 3 in this section) Online Falsification Detection Service (hereinafter referred to as the Optional Service Article 15 Conditions for use 1. The conditions for using the Optional Service shall be as specified on our website. Article 16 Contract

5 1. The User shall abide by the latest version of Terms of Service for GRED Security Service set forth by SecureBrain Corporation when using the Optional Service. Section 4 Bridge Connection Service (referred to as the Optional Service in this section) Article 17 Conditions for use 1. The conditions for using the Optional Service shall be as specified on our website. Section 5 Local Router Connection Service (referred to as the Optional Service in this section) Article 18 Conditions for use 1. The conditions for using the Optional Service shall be as specified on our website. Article 19 Exemption from obligations 1. When using the Optional Service, the User shall agree with the following provisions in advance. Our company will not assume the liability for damages or any other responsibilities regarding the results or damage that would occur to the User or a third party due to or in association with any of the following: i. The User shall manage and exchange resource IDs and secret keys with the user of the other account of peering connection using the Optional Service (hereinafter referred to as the peering connection ) (hereinafter, the other account of peering connection will be referred to as the other account, and the user thereof will be referred to as the other account user ) on his/her own responsibility, and our company will not be related to or involved with said matter. ii. Through peering connection, the other account can access the data of the User. iii. There is a possibility that an account not expected by the User will become able to access the data of the User according to the settings of a local router of the other account. There is a possibility that an account not expected by the other account user will become able to access the data of the other account user according to the settings of a local router of the User. iv. If there emerges a dispute between the User and the other account user due to or in association with the use of the Optional Service, the User shall settle said dispute on his/her own responsibility at his/her own expense. v. The User shall configure the network settings for a server and a local router, which are required for using the Optional Service, on his/her own responsibility. vi. There is a possibility that the peering connection with the other account will become impossible according to the status of the other account s contract for the Optional Service. If

6 said peering connection becomes impossible, there will emerge the fee for the Optional Service, unless the User cancels the Optional Service. Section 6 Optional Service of AWS Connection (referred to as the Optional Service in this section) Article 20 Details of the Optional Service 1. The Optional Service is a service for offering peering connection via a closed network among AWS Direct Connect provided by Amazon Web Services, Inc. (hereinafter referred to as AWS Direct Connect in this section), the service provided by Amazon Web Services, Inc. for connecting to AWS Direct Connect by using the Local Router Connection Service mentioned in the previous section (hereinafter referred to as AWS Service in this section), and the service provided by our company for connecting to Local Router Connection Service (hereinafter referred to as Our Company s Service in this section). Article 21 Application 1. To use the Optional Service, it is necessary to make the following applications in addition to the application for the Optional Service itself. i. Application for AWS Service The User shall make said application to Amazon Web Services, Inc. by him/herself. ii. Application for Local Router Connection Service Article 22 Usage fee 1. The fee for the Optional Service is composed of the following charges, and the concrete amounts thereof, etc. are specified in the webpage for describing the Optional Service in the website of our company. i. Basic charge ii. Data communication charge Article 23 Basic charge 1. The basic charge is a constant fee for the use of the Optional Service from the first day to the last day of each month. The basic charges for the month including the start of use and the month including the cancellation of the contract are both for one month, and will not be calculated on a per diem basis. Article 24 Data communication charge 1. The data communication charge will be generated for the communications using the Optional

7 Service from the first day to the last day of each month. 2. Our company will charge the User the data communication charge for communications from Our Company s Service to AWS Service. Said data communication charge will depend on the volume of data transferred through the communications using the Optional Service, and our company will measure said data volume. 3. Amazon Web Services, Inc. will charge the User the data communication charge for the communications from AWS Service to Our Company s Service, and the User shall directly pay said data communication charge to Amazon Web Services, Inc. Article 25 Superior regulations 1. The User shall follow the AWS Customer Agreement that has been specified by Amazon Web Services, Inc. and is the latest as of his/her use of the Optional Service. Article 26 Exemption from responsibilities 1. Our company will take responsibility only for events that would occur in the networks or equipment at our company s side with respect to the line connection base of communication networks inside the premises of our company for the line terminal equipment installed by Amazon Web Services, Inc. With regard to problems due to events outside the scope of our company s management, our company will not take any responsibilities, including the obligation to remedy the failure and the liability for damage to users. Article 27 Change or removal of content of services 1. Our company may change or remove the content of the Optional Service according to the dissolution of Amazon Web Services, Inc., the change or removal of content of AWS Direct Connect, etc. Our company will make efforts to notify users of said matter without delay, but our company will not take any responsibilities for such change or remove, or the delay in notification on said matter. Section 7 Sophos UTM (referred to as the Optional Service in this section) Article 28 Contract 1. The Optional Service will be offered after the User and Koankeiso Co., Ltd. (referred to as the service provider in this section) concludes the service contracts in accordance with the regulations for use of the Optional Service specified by the service provider, and our company will apply to the service provider for the Service Contracts on behalf of the User, collect fees, and support them (collectively referred to as our company s tasks in this section).

8 2. Our company will not assume any responsibilities regarding the use of the Optional Service, unless our company s tasks described in the first paragraph include a defect attributable to only our company (the delay in completing the procedures for applying to the service provider shall not be considered as a defect). Section 8 SAKURA Secure Mobile Connect (referred to as the Optional Service in this section) Article 29 Content of the Optional Service 1. The Optional Service enables the communications via the closed networks (Internet communication, too, is possible through the settings made by the User) for other services of our company, including the Basic Service, when a SIM is incorporated into a device and a mobile gateway and a switch are used. 2. Our company provides the following functions in the Optional Service, and their details are described in the website regarding the Optional Service (referred to as the page of the Optional Service in this section). i. Integrated management in the control panel of the Basic Service ii. Wireless communications via the closed network iii. Internet communications 3. Our company will offer the following functions as the options of the Optional Service (referred to as the sub-optional services in this section), and their details are described in the page of the Optional Service. i. IP address designation function ii. Customized DNS function iii. Terminal locking function iv. Functions specified by our company other than the above three ones 4. The conditions for use of the sub-optional services will be specified by our company in the page of the Optional Service, and the User of the sub-optional services shall agree with said conditions for use when using the sub-optional services. Article 30 Composition of the Optional Service 1. The function for the wireless communications via the closed network in the Optional Service becomes available, when the SIM registered in the mission-critical system of the Basic Service (referred to as the System in this section) is registered in a mobile gateway created in the System, said mobile gateway is connected to Switch, and then the mobile gateway is turned on (this state will be hereinafter referred to as the state where it is possible to communicate via the closed network ). The User shall conduct these tasks of registration, creation, connection, and

9 power source management (hereinafter collectively referred to as the management for use ) by him/herself. If it is impossible to use the function for the wireless communications via the closed network in the Optional Service due to a defect in the management for use, our company will not take any responsibilities. 2. In order to use the function for the wireless communications via the closed network in the Optional Service, it is necessary to sign a separate contract for Switch in the Basic Service. There is a possibility that it will be impossible to achieve the state where it is possible to communicate via the closed network according to the status of the contract for Switch, and in this case, our company will not take any responsibilities. 3. The function for Internet communications in the Optional Service becomes available, when the SIM registered in the System is registered in a mobile gateway created in the System, said mobile gateway is turned on, and the Internet setting is enabled (this state will be hereinafter referred to as the state where it is possible to communicate via the Internet ). The User shall carry out the management for use by him/herself. If it is impossible to use the function for Internet communications in the Optional Service due to a defect in the management for use, our company will not take any responsibilities. Article 31 Definitions of terms 1. A SIM can store the User s identification number and other information required for using the lines of a telecommunications carrier, and is issued by our company for the Optional Service. 2. A device means an electronic device or the like connected to a SIM by the User. 3. A mobile gateway means a gateway that mediates the communications between a device and a network designated by the User with 3GPP or other control methods, and realizes communications in a closed network. Article 32 Conclusion of the Service Contracts 1. Notwithstanding Article 6, Paragraph 1 of the Basic Agreements, the Service Contracts of the Optional Service will be concluded when a SIM is registered in the System with an applicant s account (hereinafter referred to as SIM registration ) (that is, when our company receives necessary information for registration sent from an applicant s account) or when a mobile gateway is created with an applicant s account (hereinafter referred to as the creation of a mobile gateway ) (that is, when our company receives necessary information for creation sent from an applicant s account), whichever is earlier. 2. The Optional Service may be applied for (SIM registration or the creation of a mobile gateway), only when a corporation or another group (hereinafter referred to as a corporation or the like ) uses said service for the business thereof (hereinafter referred to as the business purpose ) or a

10 corporation or the like whose objective is not to earn profits uses said service for a project (hereinafter referred to as the purpose of implementing a project ). Our company and the User shall deem that said application is for the business purpose or the purpose of implementing a project. Article 33 Usage fees 1. The fees for the Optional Service is composed of the following items, and concrete amounts, etc. will be specified in the page of the Optional Service. Even if the User is not in the state where it is possible to communicate via a closed network or the Internet, said user will incur said fee. i. Basic charge for use of a SIM ii. Data communications charge iii. Charge for use of a mobile gateway iv. Charge for use of sub-optional services Article 34 Basic charge for use of a SIM 1. The User will incur the basic charge for use of a SIM for each SIM. 2. The User will incur the basic charge for use of a SIM every month since SIM registration until the SIM is deleted from the System with the User s account (that is, until our company receives necessary information for deletion sent from the User s account). For the month of SIM registration and the month of deregistration of said SIM, the User will incur monthly charges, rather than the amounts calculated on a per diem basis. 3. If the same SIM is registered multiple times in the same month (including the case where a previously registered SIM is deregistered and then registered again in the same month), the User will incur the basic charge for use of SIM for each registration in the month concerned. Article 35 Data communications charge 1. The User will incur the data communications charge for the communications using the SIM registered in the System (via a wireless closed network or the Internet) from the first day to the last day of each month. Our company will charge the User according to the volume of data transmitted in communications using the SIM. Said data volume will be measured by our company. Article 36 Charge for use of a mobile gateway 1. The User will incur the charge for use of each created mobile gateway. 2. The User will incur the charge for use of a mobile gateway every month since the creation of the mobile gateway until the mobile gateway is deleted from the System with the account of the User

11 (that is, until our company receives necessary information for deletion sent from the User s account). For the month of creation of a mobile gateway and the month of deletion of said mobile gateway, the User will incur monthly charges, rather than the amounts calculated on a per diem basis. Article 37 Charge for use of sub-optional services 1. The charge for use of sub-optional services will emerge under the conditions for use specified for each sub-optional service, and the User shall pay the charge for use of sub-optional services in accordance with said conditions for use. Article 38 Contract for use of an affiliated system 1. If the User uses a system other than the Optional Service provided by a third party (hereinafter referred to as an affiliated system ) for using sub-optional services, said user shall sign the contract for use of the affiliated system (hereinafter referred to as the contract with the affiliate ) with the provider of said affiliated system on his/her own responsibility at his/her own expense. The User shall observe the contract with the affiliate when combining the Optional Service and the affiliated system. Our company will have no concern with the use of the affiliated system by the User, and will not be obligated to confirm the content or conclusion of the contract with the affiliate. Our company will not be responsible for any outcomes of the use of the affiliated system. The User shall be fully responsible for the outcomes of said use toward our company. 2. If there is any discrepancy or conflicting item between the Cloud Agreement or the Basic Agreements and a contract with the affiliate, the provisions of the contract with the affiliate shall supersede the other agreements with respect to the relation between the User and the provider of said affiliated system. Article 39 Available area, communication speed, data loss, etc. 1. For the Optional Service, the areas where it is possible to communicate with SIM will be described in the page of the Optional Service; provided, however, that said page does not guarantee that it is always possible to communicate in said areas. There is a possibility that it will be impossible to communicate especially at places where radio propagation is limited, such as tunnel, underground spaces, multilevel parking garages, the shadows of buildings, mountain areas, and the sea. 2. For the Optional Service, it is possible to communicate with SIM anytime, but there is a possibility that it will be impossible to communicate due to the maintenance of communication lines or the equipment for the Optional Service or another compelling reason. 3. The User shall agree that the communication speed in the Optional Service changes and decreases

12 according to the network environment, including the connection state and devices, or the like, and our company will not guarantee the communication speed in this service toward users. 4. The User shall agree with the possibility that the data and other information of the User transmitted through the Optional Service will be damaged or lost according to the radio state. Article 40 Management of a SIM 1. Only the SIMs issued by our company are available in the Optional Service. Any SIM is not attached to the Optional Service. The User shall rent a SIM from our company at his/her own expense, and use said SIM in accordance with the Cloud Agreement and the agreement for use of SIM for SAKURA Secure Mobile Connect, which is separately specified by our company. 2. The User shall appropriately manage the ICCID and PASSCODE allocated to each SIM on his/her own responsibility. Our company will not take any responsibility for the outcomes of said management (including the outcomes of the disclosure or leakage of the ICCID or PASSCODE to a third party, or the estimation by a third party). In addition, the User shall be fully responsible for the outcomes of said management toward our company. 3. For each SIM, a password (hereinafter referred to as PIN ) has been set. The User can configure a device so that it is necessary to input PIN when connecting said SIM to the device (this configured state is hereinafter referred to as the PIN lock-effective state ). If the User does not input a correct PIN within the number of times specified by our company in the PIN lock-effective state, said SIM will become temporarily unavailable (this state will be hereinafter referred to as the SIM lock state ). 4. In order to cancel the SIM lock state mentioned in the previous paragraph, it is necessary to input a SIM unlocking number specified by our company for each SIM (hereinafter referred to as PUK ) in a device. If the User does not input a correct PUK within the number of times specified by our company, said SIM will become unavailable. In this case, our company will not take any responsibilities and actions, including replacement of said SIM or a refund. 5. Even in the case where the SIM becomes unavailable as mentioned in the previous two paragraphs, the User will incur the basic charge for use of a SIM, unless said SIM is deleted from the System. 6. The User shall manage PIN and PUK appropriately on his/her own responsibility. Our company will not take any responsibility for the outcomes of said management (including the outcomes of the disclosure or leakage of the PIN or PUK to a third party, or the estimation by a third party). In addition, the User shall be fully responsible for the outcomes of said management toward our company. Article 41 Settings for the Internet

13 1. The User shall manage the settings for enabling or disabling the access to the Internet appropriately on his/her own responsibility. Our company will not take any responsibilities for the outcomes of said management. In addition, the User shall be fully responsible for the outcomes of said management toward our company. Article 42 Devices 1. In order to communicate by using a SIM, it is necessary to connect the SIM to a device. A device is not attached to the Optional Service. The User shall prepare a device at his/her own expense. 2. There is a possibility that it will be impossible to communicate even if a correct SIM is used, according to the combination of a device and a SIM. In this case, our company will not take any responsibilities. Article 43 Intellectual property rights 1. All rights regarding the Optional Service, including intellectual property rights, such as patents, utility model rights, design rights, and copyrights, and know-how, shall belong to our company or a third party holding said rights (if any). The disclosure of information by our company to users through the Cloud Agreement, the page of the Service, the page of the Optional Service or the provision of the Service or the Optional Service will not be recognized as the explicit or implicit approval, granting, or transfer to the User a license or any rights under any patents, utility model rights, design rights, copyrights, know-how, or the like regarding said information from our company or a third party in any sense. Article 44 Stoppage of provision of the Optional Service 1. In the cases mentioned in Article 23, Paragraph 1 of the Basic Agreements and the following cases, our company may stop all or part of the Optional Service. i. There is a compelling reason for our business, such as those related to technology and maintenance. ii. Our company concludes that the normal provision of the Optional Service would be hindered by the heavy communications in the same session (which means the state of the User s line for data communications). Article 45 Exemption from responsibilities regarding the stoppage of provision of the Optional Service, etc. 1. Our company will not take any liabilities for the damage to the User caused by the action taken in accordance with Article 23 through 28 of the Basic Agreements and Article 36 of the Cloud Agreement, unless otherwise specified by the Basic Agreements or said exemption from

14 liabilities violates law. Article 46 Automatic update and cancellation of the Service Contracts 1. Notwithstanding Article 29, Paragraph 2 of the Basic Agreements, the period of the Service Contracts of the Optional Service will be extended automatically for another one year and said extension will be repeated, unless the User deregisters all of registered SIMs and deletes all of created mobile gateways (the deletion of all SIMs and mobile gateways will be hereinafter referred to as complete deletion ) by the date of expiration of said contract. 2. Notwithstanding Article 29, Paragraph 4 of the Basic Agreements and Article 6 of the Cloud Agreement, the User may cancel the Service Contracts of the Optional Service on the last day of the month of complete deletion by conducting the complete deletion even in the middle of the contract period for the Optional Service. Supplementary Provisions Article 1 Start of application This Agreement is the amended version of the Cloud Agreement that became effective on April 12, 2018, and will become effective on June 29, 2018, in accordance with Article 4 of the Basic Agreements.