Terms of Services
Revision date: Feb 17th 2017
These Terms of Services (these “Terms”) shall apply to subscribers (the “Subscribers”) who have executed agreements (the “Agreements”) with eSOLIX (“eSOLIX” or “We”) regarding the use of any services provided by eSOLIX (the “Services”). The Subscribers may not use the Services unless they consent to these Terms.
ACCOUNT REGISTRATION AND USE:
The Subscribers shall register their user’s account (the “Account”) in order to access or use the Services. Upon registration of the Account, the Subscribers shall provide eSOLIX with information specified by eSOLIX, including their name, email address and location of office (the “Account Information”). In case of any change to the Account Information, the Subscribers shall promptly notify eSOLIX in a manner specified by eSOLIX.
By registering the Account with eSOLIX, the Subscribers shall be deemed to have agreed to these Terms.
NOTE: If the Subscribers sign up for an Account and fail to comply with these Terms (the “Non-Complying Subscribers”), the Non-Complying Subscribers’ Account may be terminated without any refund. We will, however, reasonably attempt to notify the Non-Complying Subscribers prior to taking any action to provide the Non-Complying Subscribers with an opportunity to correct the problem, provided that eSOLIX reserves the right to terminate the Non-Complying Subscribers’ account(s) without any notice and without any refund at its sole discretion.
The Subscribers shall be solely responsible for the use and management of the Account. The Subscribers shall be responsible for all acts and results thereof that have been made using the Account, irrespective of whether made by the Subscribers themselves or any other persons and/or entities.
We reserve the right to refuse, cancel or suspend the Services at our sole discretion.
PROVISION OF THE SERVICES:
The Services will be provided in accordance with the Service Level Agreement specified by eSOLIX.
USE OF THE SERVICES:
The use of the Services shall be subject to these Terms and the Acceptable Use Policy (the “AUP”) specified by eSOLIX. The Services may be used for lawful purposes only; any use of the Services for a non-lawful purpose constitutes a material breach of these Terms.
When using the Services, the Subscribers are prohibited to engage in any of the following acts:
(1) an act of use that is offensive to the public order and morals or against law, or an act which may constitute a crime;
(2) an act in violation of these Terms, the AUP or any other specified by eSOLIX in relation to the Services;
(3) an act in violation of intellectual property rights, privacy rights or any other rights of eSOLIX, other Subscribers or any third parties;
(4) an act of damaging the credit of the Services;
(5) an act of transmitting, storing or presenting any of the following information, data or materials that contain;
– an excessively violent or cruel content;
– computer viruses or other hazardous computer programs;
– a content that damages the reputation or credit of eSOLIX, any other Subscriber or other third parties;
– an excessively indecent content;
– a content that encourages discrimination;
– an anti-social content;
– a content designed to disseminate information, such as chain mails and spam mails; or
– content that causes uncomfortable feelings to third parties;
(6) an act that places an excessive burden on the network or system for the Services;
(7) an act of accessing or attempting to improperly access the network or system for the Services; or
(8) any other act which eSOLIX deems inappropriate.
We currently do not allow IRC or IRC bots to be operated on the servers for the Services.
In light of the difficulty in ascertaining damages to goodwill and consumer attitudes, but recognizing that such damages will occur in the event the Subscribers are spamming, as liquidated damages, a $250 charge for violating these Terms will be charged to the Subscribers initiating the spam. Furthermore, eSOLIX reserves the right to claim for damages against the offender, and a $1.00 charge will be assessed PER EMAIL sent should eSOLIX choose to claim for damages.
NOTEE: IF A SUBSCRIBERS’ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, THE SUBSCRIBERS’ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A ¥12,000 CANCELLATION FEE WILL BE PAYABLE TO ESOLIX BY SUCH SUBSCRIBER. ADDITIONALLY, ESOLIX MAY REPORT THE AUTHORITIES OF SUCH SUBSCRIBERS’ ACTIONS.
All Services come with a predetermined amount of traffic allowance. We monitor all Accounts and bill ¥1200 for each gig of traffic exceeding the predetermined traffic allowance (the “Excess Charges”). This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
All sub-networks, distributive hosting sites and dedicated servers of eSOLIX must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
The services fees for the Services (the “Service Fees”) shall be paid on a monthly basis; provided that Services Fees for any additional Services (e.g. add-on charges) shall be paid when the Subscribers receive such additional Services. The setup fees (the “Setup Fees”) shall be paid for some of the Services in a lump sum at the start of the Services in addition to the Service Fees.
The Excess Charges, Service Fees and Setup Fess (collectively referred to as the “Usage Fees”) shall be paid by the following payment methods.
Each month on the date corresponding to the registration date of the Account, eSOLIX shall either:
(1) debit the Subscriber’s credit card (when such information has been provided by the Subscriber); or
(2) deliver, by e-mail or notification to the Subscriber’s control panel, an invoice in accordance with the applicable Usage Fees for the Services to be rendered in the following month.
In the event that a Subscriber registers its account on a date that does not exist in a subsequent month, such debit or delivery will be made on the closest possible date within such subsequent month. By way of example, if a Subscriber registers its Account on January 31, the debit or delivery of invoice will be made on February 28 (or February 29 as applicable) of the subsequent month.
When an invoice is delivered to the Subscribers, payments must be remitted to eSOLIX by no later than the payment due date specified in the relevant monthly invoice. eSOLIX shall be entitled to immediately terminate these Terms if the Subscribers fail to make payments by the due date.
All credit cards are billed automatically on a monthly basis. It is the Subscribers’ responsibility to ensure that they have sufficient credit to cover these payments. In the event that there is insufficient credit, we will send an e-mail notification that we will need to be provided with another credit card account number within twenty-four (24) hours. If another credit card account number is not provided within such time, we will be entitled to suspend all or part of the Services.
In no event the Usage Fees shall be refunded. For example, if the Subscribers’ contract is for a quarter and the contract is terminated after one month and the Subscriber requests a refund for the remaining two months, no refund will be given.
In order to reactivate Accounts which were deactivated due to non-payment, the Subscribers shall pay a reactivation fee of USD 20.00 prior to reactivation.
WAVIER OF WARRANTIES AND DISCLAIMERS:
TO THE EXTENT PERMITTED BY LAW, ESOLIX MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE CONTEMPLATED BY THE SUBSCRIBERS, THAT THE SERVICES HAVE EXPECTED FUNCTIONS, COMMERCIAL VALUE, ACCURACY, OR USEFULNESS, THAT THE USE BY THE SUBSCRIBERS COMPLIES WITH THE LAWS OR REGULATIONS APPLICABLE TO THE SUBSCRIBERS OR ANY INTERNAL RULES ESTABLISHED BY INDUSTRIAL ORGANIZATIONS, AND THAT THE SERVICES WILL BE FREE OF INTERRUPTIONS OR DEFECTS.
eSOLIX shall not be liable for system down time, crashes or data losses. eSOLIX shall not be responsible for any damages which may arise from the servers for the Services going off-line or being unavailable for any reason whatsoever.
eSOLIX shall not assume any responsibility or liability whatsoever for damage incurred by the Subscribers in relation to the use of the Services except such damage has been caused by an intentional or grossly negligent act of eSOLIX. Even if eSOLIX assumes any responsibility, it shall only be for damages within the scope of direct and actual damages. UNDER NO CIRCUMSTANCES SHALL ESOLIX BE RESPONSIBLE OR LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS. IN NO CASE SHALL ESOLIX BE LIABLE FOR ANY AGGREGATE AMOUNT EXCEEDING THE USAGE FEES PAID BY THE SUBSCRIBER TO ESOLIX FOR THE IMMEDIATELY PREVIOUS TWELVE (12) MONTHS.
The Subscribers agree to indemnify and hold harmless eSOLIX from and against any and all damages, losses, expenses, claims, actions or demands of any kind (including reasonable legal and accounting fees and costs) arising out of or in connection with their USE OF the Services. eSOLIX has the right to, at its sole discretion, defend and control any matter which is subject to indemnification under this section. The Subscribers shall support and assist eSOLIX and comply with any reasonable requests from eSOLIX, at the Subscribers’ expense, in order to settle such matter.
eSOLIX may, without prior notice or demand, temporarily suspend the Subscribers’ use of the Services or terminate these Terms, in the event of any of the following:
(1) the Subscribers failing to comply with any provision hereof;
(2) any of the Account Information being found to be false, fraudulent or misleading;
(3) the Subscribers undergoing suspension of payments or becoming insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure being filed against the Subscribers; or
(4) eSOLIX determining that it is inappropriate for the Subscribers to use the Services.
If one or more of the events specified above occur, all amounts owed to eSOLIX by such Subscribers shall be automatically accelerated, and the Subscribers shall immediately pay such amounts to eSOLIX in full.
eSOLIX shall not be liable for any damages incurred by the Subscribers arising out of, or in connection with, any actions taken by eSOLIX pursuant to this section.
By giving a notice to eSOLIX, the Subscribers may terminate these Terms at the end of the following month if the Services are provided by eSOLIX using a server dedicated for such Subscribers. In such case, the Subscribers shall pay the Service Fees for the following month and may use the Services until the termination. The Subscribers may immediately terminate these Terms without notice to eSOLIX if the Services are provided by eSOLIX without using a server dedicated for such Subscribers.
The Subscribers shall keep confidential any and all non-public information disclosed by eSOLIX in connection with the Services and not disclose such information to any third party without prior written approval of eSOLIX.
eSOLIX reserves the right to amend any or all of these Terms without notification. We also reserve the right to change the amounts of the Usage Fees.
The Subscribers shall not assign, transfer, grant security interests in or otherwise dispose of their contractual status under these Terms or their rights or obligations under these Terms without the prior written consent of eSOLIX.
In cases where eSOLIX transfers all or part of the business regarding the Services to a third party, eSOLIX may, as part of such assignment, assign to such third party its contractual status under these Terms, its rights and obligations under these Terms, and the Account Information and other information relating to the Subscribers, and the Subscribers hereby agree to such transfer in advance. For the purposes of this paragraph, the transfer of business referred to above shall include, in addition to the form of transfer of business under Japanese law, a corporate split of eSOLIX or any other form of restructuring of eSOLIX that would result in a transfer of business.
Even if any provision of these Terms or any part thereof is held to be invalid or unenforceable by court, the remaining provisions hereof shall remain in full force and effect.
JURISDICTION AND GOVERNING LAW
Should a lawsuit become necessary in relation to these Terms, the parties submit to the exclusive jurisdiction of the Nagoya District Court of Japan.
These Terms shall be governed by and construed under the laws of Japan.
Revision date: Feb 17th 2017
eSOLIX (herein referred to as “We”) has created this privacy statement in order to demonstrate our firm commitment to the protection of privacy of our customers. This privacy statement applies to the information we collect from you as a user of our services, software and websites.
eSOLIX shall inform you in advance of any amendment to this privacy statement.
ENTITY HANDLING YOUR INFORMATION
1-50 Soro-cho, Mizuho-ku, Nagoya, Japan 467-0015
INFORMATION COLLECTED THROUGH OUR WEBSITES
We collect and use your IP address only for the purpose of diagnosing problems with our servers and operating our websites. We will not use this information for any other purposes.
Unique identifiers are collected from website visitors to verify the user’s identity.
Demographic and profile data are also collected through our websites. We use demographic and profile data to tailor our visitor’s experience on our websites showing them content that we think they might be interested in, and displaying the content according to their preferences.
Our website uses an order form for customers to apply for our services that utilizes 128 bit encryption. We collect the information of customers, including, without limitation name, location and email address, which are used only for the following purposes:
(1) to contact the customer, when necessary;
(2) to bill the customer for services;
(3) to provide services to the customer; and
(4) to achieve any other purposes relating to the above.
We do not store credit card information on our servers/websites. The data is transmitted to our payment processor (Paypal or Stripe) using a secured API provided by the payment gateway
We will handle your information properly, and will arrange a reasonable security control system to prevent the loss, misuse, leakage and alteration of your information under our control. We use strong SSL encryption to ensure your privacy.
However, there is no guarantee that such information will not be accessed, disclosed, altered or destroyed by breach of such security control system.
We will not share your information with third parties except in the following instances:
(1) if your consent is obtained in advance;
(2) if such sharing of your information is done pursuant to law, regulation or court order ;
(3) if there is a need to protect the life, body or property of a person and if it is difficult to obtain your consent;
(4) if there is a particular need for the improvement of public health or the promotion of the healthy development of children and if it is difficult to obtain your consent; and
(5) if there is a need to cooperate with the national institutions or local authorities, or those receiving entrustment thereof, to perform their duties set forth in laws and regulations, and if there is a risk of harm to the execution of such duties by obtaining your consent.
Information collected on this site is strictly for our use. EXCEPT FOR OUR PAYMENT PROCESSOR, NO THIRD PARTY MAY VIEW YOUR PERSONAL INFORMATION, BILLING INFORMATION, ETC.
If you have any questions about this privacy statement or wish to request the modification or correction, discontinuance of use, or deletion of your information, you can contact: email@example.com
Acceptable Use Policy
Revision date: Feb 17th 2017
As a provider of infrastructure, web hosting, and other Internet-related services, eSOLIX offers its customers (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. eSOLIX respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, eSOLIX reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, eSOLIX has developed this Acceptable Use Policy (this “AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using eSOLIX’ services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that eSOLIX cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because eSOLIX cannot monitor or censor the Internet, and will not attempt to do so, eSOLIX cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that eSOLIX does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over eSOLIX’ s network and may reach a large number of people, including both subscribers and non-subscribers of eSOLIX, subscribers’ postings to the Internet may affect other subscribers and may affect eSOLIX’s goodwill, business, reputation or operations. For these reasons, if you, your customers, affiliates or subsidiaries carry out any of the following acts, eSOLIX will deem such act as a violation of eSOLIX’s policy and the Terms of Services:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward eSOLIX, but also because it can overload eSOLIX’s network and disrupt service to eSOLIX’s subscribers. Additionally, maintaining an open SMTP relay is prohibited. When a complaint is received, eSOLIX will investigate and shutdown the account that is SPAMMING.
eSOLIX does not allow adult content and will suspend/terminate any offending account.
Obscene Speech or Materials:
Using eSOLIX’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. eSOLIX is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using eSOLIX’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to others, or attempting to penetrate security measures of another individual’s system (commonly referred to as “hacking”). Additionally, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Additionally, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
eSOLIX reserves the right not to accept postings from newsgroups where we have knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, without limitation, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that eSOLIX determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities above described rests primarily with the subscriber. eSOLIX will not, as an ordinary practice, monitor the usage activities of its subscribers to ensure that they comply with eSOLIX’ s policy or applicable laws or regulations. However, when eSOLIX becomes aware of harmful activities, it may take any action to stop the harmful activity, including, without limitation, removal of information, shutting down a website or server, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by eSOLIX.
eSOLIX is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching eSOLIX’ s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. eSOLIX does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. eSOLIX reserves the right to directly take action against a customer of its subscribers. Additionally, eSOLIX may take action against the eSOLIX subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, eSOLIX anticipates that subscribers who offer Internet services will cooperate with eSOLIX in any corrective or preventive action that eSOLIX deems necessary. Failure for the eSOLIX subscriber to cooperate or cause its own subscribers to cooperate with such corrective or preventive measures is a violation of eSOLIX policy.
eSOLIX will not intentionally monitor private electronic mail messages sent or received by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. eSOLIX may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Additionally, eSOLIX may disclose information, including, without limitation, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. eSOLIX assumes there is no obligation to inform the subscriber that subscriber information has been provided and, in some cases, it may be prohibited by law from giving such notice. Finally, eSOLIX may disclose subscriber information or information transmitted over its network where necessary to protect eSOLIX and others from harm, or where such disclosure is necessary to the proper operation of the system. However, eSOLIX will never sell information to other services or outside companies.
eSOLIX expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will be deemed a violation of the Terms of Services. Finally, eSOLIX wishes to emphasize that, in consenting to the Terms of Services, subscribers indemnify eSOLIX for any violation of the Terms of Services, laws or regulations resulting in loss to eSOLIX or the bringing of any claim against eSOLIX by any third party for a claim resulting from or in relation to such subscribers’ or their own customers’ willful or negligent act. This means that, if eSOLIX is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against eSOLIX, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including eSOLIX and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to firstname.lastname@example.org.