이용 규약

GMO Internet, Inc. (the "Company") provides members with the following Terms of Use (the "Terms") which shall apply when members use hosting services and other related services (the "Services") offered by the Company with the name "GMO AppsCloud" for delivering social applications or other similar purposes. Members shall abide by the provisions of the Terms.

Chapter 1 - General Provision
Article 1 (Specifications of the Services)
The specifications of the Services shall be as provided in Exhibit hereto. The Company may change the specifications of the Services without prior notice.
Chapter 2 - Terms
Article 2 (Scope of application of the Terms)
  • 1.The Terms shall be applicable when members of the Company as defined in Article 4 receive the Services. If a member applies for use of or actually uses the Services, the Company shall deem that the member has agreed to abide by the Terms.
  • 2.In connection with the respective services provided in Article 1, members shall follow the Terms as well as the terms and conditions provided on or in the Website, e-mails or other notices or materials relating to the Services given by the Company.
Article 3 (Modification of the Terms)
  • 1.The Company may at any time modify the Terms without approval of members; in which case, members shall abide by the modified version of the Terms.
  • 2.In case of the preceding Paragraph, the modified version of the Terms shall come into force when the Company posts the modified version on the Website of GMO AppsCloud, except as separately provided by the Company.
Chapter 3 - Members
Article 4 (Definition of members and membership)
  • 1.Natural persons, corporations and other associations shall be eligible to become members.
  • 2.Members shall mean persons who obtain from the Company and hold IDs and passwords necessary to use the Services (collectively, "Member ID(s)").
  • 3.Membership shall be granted when a person approved to become a member files an application for membership registration in a manner designated by the Company and the Company then issues a Member ID to the person.
  • 4.The Company shall not disclose details, results or other similar information relating to the examination of applications for membership registration, regardless of whether the relevant member has passed the examination or not.
Article 5 (Withdrawal Procedures to be taken by Members)
  • 1.Members may at any time withdraw from membership. Provided, however, that members who intend to withdraw from membership shall apply for the withdrawal in a manner separately designated by the Company.
  • 2.Even in case of withdrawal, members shall not be exempted from their obligation to pay charges for the Services and other amounts outstanding at the time of the withdrawal, and shall pay such charges and amounts upon request of the Company.
  • 3.The Company shall not be liable for any damage or any other consequences suffered by members or other third parties from the withdrawal by members.
Article 6 (Withdrawal Procedures to be taken by the Company)
  • 1.In the event of any of the following, the Company may revoke the membership or take other measures in accordance with the Terms without prior notice or demand to the member:
    • (1)If the member has breached or is likely to breach the Terms, other terms or rules separately stipulated by the Company, or agreements or other similar arrangements concluded with the Company, or any agreement based on these terms or the like has been terminated or is likely to be terminated, or has otherwise lost effect or is likely to lose effect for any cause;
    • (2)If the member who uses related services or other services offered by the Company or its group companies has breached or is likely to breach terms or other rules regarding such services;
    • (3)If a clearinghouse has suspended transactions with the member, or the member has become subject to an attachment of his/her properties or an action against default by a tax authority;
    • (4)If the member has become subject to a ruling for commencement of guardianship;
    • (5)If a petition has been filed against the member for commencement of proceedings for bankruptcy (hasan), corporate reorganization (kaisha-kousei), civil rehabilitation (minji-saisei) or special liquidation (tokubetsu-seisan);
    • (6)If any information notified by the member to the Company is false or fraudulent; or
    • (7)If the Company otherwise finds the member to be ineligible for membership.
  • 2.If the Company revokes the membership of the member pursuant to the preceding Paragraph, the Company may terminate all other agreements concerning services for members that use the relevant Membership IDs.
  • 3.In the event of any of the Items stated in Paragraph 1 of this Article, the obligations of the member shall be accelerated, and the member shall pay any and all obligations payable to the Company in a lump sum. Even in such cases, the Company shall not be prevented from exercising its right to claim compensation from ex-members.
  • 4.The Company shall not be liable for any damage or any other consequences suffered by members or other third parties from the revocation of the membership or the termination of services for members pursuant to this Article.
Article 7 (No Assignment of Rights and Obligations)
No member shall assign or lend to third parties, allow third parties to use or succeed to, provide as collateral, or otherwise dispose of his/her membership, Membership ID(s), and rights and obligations concerning use of the Services. Except as specifically permitted by the Company, no member shall allow third parties to use any member services.
Article 8 (Proper Management of Membership IDs, etc.)
  • 1.Members shall manage Membership IDs or other similar information issued by the Company with due care of a good manager.
  • 2.In the event that Membership IDs or other similar information have been lost, leaked or stolen, members shall immediately notify thereof to the Company and follow instructions of the Company.
  • 3.Members shall agree that, if services for members are used with Membership IDs or other similar information of a member, the relevant member shall be deemed to have used such services, regardless of whether the member has given the notification under the preceding Paragraph or not. However, this provision shall not be applied if such use is caused by a willful default or gross negligence of the Company.
  • 4.The Company shall not be liable for any damage or any other consequences suffered by members or other third parties from the leakage, theft or the like of Membership IDs or other similar information.
Article 9 (Notification of Change in Member Information)
  • 1.If any information notified to the Company has changed or is found to contain errors, members shall file an application with the Company to change notified matters without delay in a manner designated by the Company.
  • 2.As part of the member information notified to the Company, members being natural persons and members being corporations shall not be allowed to change their personal names, or their trade or organization names, respectively, except in any of the following cases:
    • (1)If a member being a natural person changes his/her name due to marriage or other similar reasons;
    • (2)If a member being a corporation changes its trade name; or
    • (3)If the Company otherwise finds it is necessary for the purpose of offering services for members.
  • 3.If a member being a corporation transfers all of its positions in case of a merger or otherwise, the corporation having succeeded to such positions shall succeed to the membership of the relevant member unless otherwise specified by the member.
  • 4.The person having succeeded to the membership pursuant to the preceding Paragraph shall be deemed to have agreed to the Terms and other terms regarding use of related services at the time of the transfer. Further, the relevant person shall file an application with the Company to change notified matters without delay in a manner designated by the Company.
  • 5.The Company shall not be liable for any detriment that may arise due to failures of members to give notifications or their delay in notification pursuant to this Article, except that such failure or delay is caused by a willful default or gross negligence of the Company.
Article 10 (Protection of Member Information)
The Company shall treat personal information of members in accordance with the policy, "About the Handling of Personal Information" separately stipulated and published by the Company, and members shall agree to such treatment.
Chapter 4 – Provision relating to Charges
Article 11 (Service Charges)
  • 1.Pursuant to the provisions of the Terms, members shall pay charges for the Services as specified in Schedule hereto.
  • 2.The Company shall announce details of charges for the Services in writing, by email, posting on the Website or otherwise.
  • 3.In case of campaigns, events or other similar activities which the Company may conduct or hold from time to time, the Company may temporarily change the service charges.
Article 12 (Method of Payment)
  • 1.Members shall pay service charges to the Company in a manner designated by the Company.
  • 2.Bank transfer fees, payment plan fees and the like shall be borne by members.
  • 3.Members shall pay service charges corresponding to the number of days of use in each month, by the due date separately designated by the Company.
  • 4.If any member fails to pay service charges, the Company may, without demand or notice, suspend the provision of the Services, revoke the membership or take other necessary measures. The Company shall not be liable for any damage or any other consequences suffered by members or third parties from such measures.
  • 5.The Company shall invoice service charges and send specifications thereof by sending documents by post, email or otherwise.
Chapter 5 – Detailed Services Regulations
Article 13 (Principle of Self-Responsibility)
  • 1.Members shall be responsible for any and all information that will be sent, has been sent, stored, registered or otherwise dealt with by members in connection with the Services, and shall cause no inconvenience or damage to the Company. If the Company suffers any damages from information that has been or will be sent by a member, the member shall compensate for the damage.
  • 2.If a member causes damage to other members of the Company or third parties in connection with the use of the Services, the member shall compensate for the damage at his/her own cost and responsibility; for which the Company shall assume no liability.
  • 3.In case of disputes arising in connection with the use of the Services between a member and other members of the Company or third parties, the member shall resolve the disputes at his/her own cost and responsibility; for which the Company shall assume no liability.
Article 14 (Prohibited Acts)
  • 1.In using the Services, members shall not:
    • (1)Infringe upon copyrights, other intellectual property rights or other rights held by other members, third parties or the Company, or act in a manner which is likely to constitute such an infringement;
    • (2)Infringe upon property rights or privacy of other members, third parties or the Company, or act in a manner which is likely to constitute such an infringement;
    • (3)Cause detriment or damage to other members, third parties or the Company, or act in a manner which is likely to constitute such an act;
    • (4)Sell or purchase, or accept assignment of, any personal information of other members or third parties, or act in a manner which is likely to constitute such an act;
    • (5)Act against public policy or promote such an offense, or act in a manner which is likely to constitute such an offense or promotion;
    • (6)Provide other members or third parties with information which is contrary to public policy;
    • (7)Violate laws, regulations, the Terms, agreements or other similar arrangements with the Company concerning transactions, commit a crime, act in a manner which is likely to constitute such a violation or crime, or aid or abet such a violation or crime;
    • (8)Provide untrue information or information which is likely to be untrue;
    • (9)Improperly falsify information input by other members, the Company or third parties;
    • (10)Impersonate a member for the purposes of using the Services, sending,receiving or displaying information;
    • (11)Use improperly or use for illicit purposes, IP addresses, accounts or passwords;
    • (12)Use or provide computer viruses or other harmful programs through or in connection with the Services;
    • (13)Prevent management of the Services or other services offered by the Company, or act in a manner which is likely to constitute such an act;
    • (14)Damage the credibility or reputation of the Company, the Services and other services offered by the Company, or act in a manner which is likely to constitute such an act;
    • (15)Utilize the Services in order to offer or resell services similar to the Services, related services, or other services similar to the services offered by the Company without permission of the Company;
    • (16)Disclose control panels, other screen images or functions offered as a part of the Services to third parties in video, image, text or other format; or
    • (17)Otherwise act in a manner which the Company finds to be inappropriate.
  • 2.If a member acts in a manner which falls under any of the Items of the preceding Paragraph and thereby causes a lawsuit, claim or other demand to be filed against, or causes damage to, the Company, other members or third parties, the member shall resolve such disputes or compensate for such damage at his/her own cost and responsibility, and shall cause no trouble or damage to the Company.
Article 15 (Obligation to Manage IP Addresses, IDs and Passwords)
  • 1.As in the case of managing Membership IDs or other similar information pursuant to Article 8, members shall manage and store IP addresses, IDs and passwords issued by the Company for using the Services with due care of a good manager.
  • 2.If a member causes damage to the Company, network or third parties due to his/her insufficient management or inappropriate use of IP addresses, IDs or passwords as provided in the preceding Paragraph, or other reasons attributable to the member, the member shall compensate for the damage; for which the Company shall assume no liability.
  • 3.If IP addresses, IDs or passwords as provided in Paragraph 1 of this Article are lost, stolen, improperly used by third parties, or in other similar cases, members shall promptly notify thereof to the Company. The Company shall not be liable for any damage suffered by members in such cases.
Article 16 (Handling of Information related to the Services)
  • 1.Without permission of the Company or rights holders, members shall not, in any manner or form, use any or all information provided in connection with the Services beyond the scope of private use stipulated in the Copyright Act or other acts, and the scope, purpose of use or other similar conditions separately designated by the Company.
  • 2.Without permission of the Company or rights holders, members shall not, in any manner or form, use or disclose to third parties, or allow third parties to use or disclose, any or all information provided in connection with the Services, and shall not use such information for any purpose other than for the purpose of use of the Services.
  • 3.If disputes arise out of a breach of the provisions of this Article by a member, the member shall resolve such disputes at his/her own cost and responsibility and cause no trouble or damage to the Company. If the Company compensates for any damage suffered by third parties, the member shall pay damages including legal costs as compensation to the Company.
Article 17 (Deletion of Information)
  • 1.In any of the following events (including cases where the event is likely to occur), the Company may, without notice to members, delete the information which members publish, register or accumulate by using the Services:
    • (1)If the information constitutes any of the prohibited acts provided in Article 14, Paragraph 1;
    • (2)If a third party has requested deletion of information or compensation for damage, or brought a claim or other demand; or
    • (3)If the Company otherwise finds it necessary to delete the relevant information.
  • 2.Members shall totally be liable for the information which members publish, register or accumulate by using the Services. In connection with the preceding Paragraph, the Company shall not be obliged to monitor or delete information, and shall assume no liability for any damage suffered by members or third parties due to the Company's deletion of information or the Company's failure to delete information pursuant to the preceding Paragraph.
Article 18 (Restrictions on Use)
  • 1.If a member falls under any of the following cases, the Company may suspend the Services for the member, immediately isolate the server, revoke the membership or take other similar measures without approval of the member:
    • (1)If the member has, with or without intention, caused virus infection or transmission of messages to unspecified persons through the Services, or the Company finds that the member is likely to do so;
    • (2)If the member has acted or is likely to act in a manner which affects management of all or part of the Services, services for members including related services, or other services offered by the Company;
    • (3)If any Items of Paragraph 1 of Article 6 or any Items of Paragraph 1 of Article 14 apply, or if the member has used the Services on the terms, for such a purpose or in such a form as provided in any of such Items, or if the company finds the member has acted in a similar manner;
    • (4)If any article mailed to the member is returned to the Company for any cause, or the Company otherwise cannot contact the member by telephone, email, facsimile or other means; or
    • (5)If the Company otherwise finds it necessary to immediately restrict use of the Services.
  • 2.Even if the member is unable to use the Services or suffers damage due to the measures taken by the Company pursuant to the preceding Paragraph, the Company shall assume no liability.
Article 19 (Suspension of the Services)
  • 1.In any of the following cases, the Company may, at its own discretion, suspend all or part of the Services or immediately isolate the relevant server without prior notice to members:
    • (1)If an emergency situation has occurred or is likely to occur as a result of natural disasters or other reasons not attributable to the Company, and the Company takes measures as stipulated in Article 8 of the Telecommunications Business Act;
    • (2)If an emergency situation has occurred or is likely to occur as a result of natural disasters or other reasons not attributable to the Company, regardless of what is required under the Act referred to in the preceding Item;
    • (3)If suspension or isolation is required for maintenance, work or failures of telecommunication facilities, or other unavoidable reasons; or
    • (4)If case of regulations set forth by laws or ordinances.
  • 2.The Company shall not be liable for any damage which may arise from the suspension of all or part of the Services pursuant to any Items of the preceding Paragraph.
Article 20 (Repair or Restoration of the Company's Facilities)
  • 1.If a member detects any abnormality in the Company's facilities or the Services in the course of using the Services, the member shall first confirm at his/her own cost and responsibility that there is no problem in his/her own facilities or other similar items, and then request repair or restoration from the Company.
  • 2.If there occur failures in the Company's facilities or services or if the Company recognizes that its facilities are out of order, the Company shall endeavor to promptly repair or restore the facilities.
Article 21 (Damage Compensation)
Except as otherwise provided for herein, if a member suffers damage in connection with the use of the Services due to a willful default or gross negligence of the Company, the Company shall compensate for the damage in an amount up to the amount of service charges for the last ten (10) days prior to the time of the compensation; provided that the amount of compensation shall in any case be no greater than JPY 300,000.
Article 22 (Change or Abolishment of the Services)
  • 1.For whatever reason, the Company may change, add or abolish all or part of the Services without prior notice to members.
  • 2.If the Company intends to abolish all or part of the Services, the Company shall give prior notice to members by emails, delivery of documents, posting on the Website or other means designated by the Company.
  • 3.The Company shall not be liable for any or all damage suffered by members as a result of changes or the like under Paragraph 1 of this Article.
Article 23 (Disclaimer)
  • 1.THE COMPANY DOES NOT WARRANT THE INTEGRITY, ACCURACY, CERTAINTY, USABILITY OR SIMILAR OF THE SERVICES, OR OTHER INFORMATION OBTAINEDE BY MEMBERS THROUGH THE SERVICES.
  • 2.EACH OF THE FUNCTIONS OF THE SERVICES SHALL BE THE ONES WHICH THE COMPANY IS ABLE TO OFFER AT THE TIME OF PROVISION. THE COMPANY DOES NOT GUARANTEE TO MEMBERS THAT THE SERVICES, MEET THE SPECIFIC USAGE PURPOSES OF MEMBERS, HAVE THE DESIRED FUNCTIONS, ACHIEVE THE DESIRED RESULTS, OR THE RESULTS OF USE OF THE SERVICES, OR THAT THEY WILL BE OFFERED ON A CONTINUOUS BASIS, AND WILL NOT FAIL.
  • 3.IF MEMBERS SUFFER DAMEGE IN CONNECTION WITH A DELAY, CHANGE, DISCONTINUATION OR ABOLISHMENT OF THE SERVICES, LOSS OR OTHER SIMILAR EVENTS RELATING TO THE INFORMATION OR OTHER SIMILAR MATTERS REGISTERED OR PROVIDED THROUGH THE SERVICE, OR USE OF THE SERVICES, THE COMPANY SHALL NOT BE LIABLE FOR ANY OR ALL DAMAGE SUFFERED BY MEMBERS, UNLESS SUCH DAMAGE IS CAUSEDBY WILLFUL DEFAULT OR GROSS NEGLIGENCE OF THE COMPANY. MEMBERS SHALL MAKE AND STORE BACKUP COPIES OF MATERIALS, SOURCE CODES, OTHER DATA, MATERIALS AND OTHER SIMILAR ITEMS AT THEIR OWN COST AND RESPONSIBILITY.
Article 24 (Governing Law)
The execution, effectiveness and performance of the Terms, and the interpretation of the respective clauses of the Terms shall be governed by the laws of Japan.
Article 25 (Discussion and Court of Jurisdiction)
  • 1.Any disputes arising in connection with the Services and the Terms between members and the Company shall be settled by members and the Company through faithful discussion.
  • 2.Disputes as provided in the preceding Paragraph shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 26 (Translation)
The original version of the Terms is the Japanese version. In cases where any differences occur between the original Japanese version and other language version, the Japanese version shall prevail.
(Supplementary Rules)
The Terms shall take effect as of February 24, 2011.