Cloud Service Terms of Use

These terms stipulate the conditions for InfiniCloud Co. Ltd. (head office location: 2-1-5 Gofuku-cho, Aoi-ku, Shizuoka-shi, Shizuoka-ken; hereinafter referred to as the “Company”) to provide cloud services (hereinafter referred to as the “Services”) to the parties to this agreement. When applying for the Use Agreement, the parties to the Service agreement shall consent to the provisions of these terms. Consent to the provisions of these terms by the parties to this agreement is a prerequisite for the use of the Services.

Chapter 1: General rules

Section 1: General provisions

Article 1 (Application of these terms)

The Company will conclude an agreement based on these terms (hereinafter that agreement is referred to as the “Use Agreement,” the party that concludes the Use Agreement with the Company is referred to as the “User,” and the party that makes an application for the Use Agreement to the Company is referred to as the “Applicant”) and provide the services as stated in the next article.
The various provisions that the Company will announce or notify the User of at any time by using the means of notification stipulated by the Company shall comprise a portion of these terms.
These terms fall under the standard terms stipulated in Article 548-2 of the Civil Code, and if the User agrees, under the Services, to the fact that these Terms of Use constitute the Use Agreement, it will be deemed that the User also agreed to the individual clauses of these Terms of Use.

Article 2 (Service types and content)

The types and content of the Services provided by the Company are as stated below.
1. Internet connection service
  The purpose of this service is to allow the User of the Services to connect to the Internet.
2. Internet hosting service
  This service provides the server functions that make it possible to release websites on the Internet, provide storage space, and offer other functions that are related to the preceding to a User that has a unique domain.
3. Enterprise storage service
  This is a service that saves data in a storage facility installed in a data center prepared by the Company and provides a system to make it possible to refer to that data.
4. Domain acquisition agency, and management service
  This is a service that includes the agency for acquisition of a domain name from a registry or registrar (hereinafter both are collectively referred to as the “Registrar or Other Higher-Level Organization”), agency for the Registrar or Other Higher-Level Organization's transfer procedures, domain name management, and loaning of a name server prepared by the Company.
5. SSL certificate acquisition agency and management service
  This is an agency service for the acquisition of SSL certificates from an SSL certificate's certification authority and intermediate certification authority (hereinafter both are collectively referred to as the “SSL Certification Authority”).
6. Private cloud service
  This is a service that provides, on computer equipment installed in a data center prepared by the Company, a guest OS instance (hereinafter referred to as the “Virtual Machine”) that has been virtualized as a use authority for a hypervisor.
7. Network connection service
  This is a service that provides connections in a data center prepared by the Company, connections between data centers, connections with another company's data center, or connections for an office or other facility.
8. Co-location and device management service
  This is a service that installs server or network equipment possessed by the User in a data center for which the Company has concluded an agreement and conducts configuration management for that equipment.
9. Engineering service
  This is a service that conducts agency for, and monitors, operates, and maintains, the User's management portion of a service provided in a data center for which the Company has concluded an agreement. It is also a service that provides technical support related to the preceding and provides information about various services.
10. Network appliance service
  This is a service that exclusively uses, or provides as a virtual instance, a network appliance installed in a data center prepared by the Company.
In the services of (3), (6), (7), and (10) of the preceding clause, two types of services, consisting of services that exclusively use devices and services that share devices, will be provided.
The Company may provide new services or additional services that are not stipulated in each of the items of Clause 1. In such a case, these terms shall apply unless there are particular stipulations.

Article 3 (Notification method)

In principle, notification from the Company to the User shall be made by a method of posting on the website. If the Company judges that it is necessary, unless there are particular stipulations in these terms, notification will be made by a method of sending an e-mail to the e-mail address stated in the Company's prescribed application form or on the application screen on the Internet or to the e-mail address designated by the User in advance.
If the Company gives notification to the User by using the method of sending the e-mail that is stated in the preceding clause, it will be deemed that the relevant notification reached the user at the time when the Company sent that e-mail. Even if the relevant e-mail does not actually arrive at the User, the Company shall not bear any liability whatsoever for damage that arises because of that non-arrival.

Article 4 (Changes of terms and conditions)

The Company may change these terms. The Use Agreement's content will be according to the changed terms and conditions.
If the Company changes these terms, the Company will notify the User by seven days before making the change. Details of the changed content will be posted on the Company's website.

Section 2: Conclusion of the Use Agreement

Article 5 (Conclusion of the Use Agreement)

(Application) Application for use of the Services stipulated in Article 2 that the Company will provide shall be made by entering the required matters on the Company's designated application form or order form or on the application screen displayed on the Company's website and then submitting or sending that form or screen to the Company.
(Establishment) Excluding cases in which the Company and the Applicant reach separate agreement, the Use Agreement shall be established at the time below.
1. A case of an application made by submitting the Company's designated application form or order form
  When the required matters for provision of the Service are agreed upon and the Company has received the relevant application form or order formProvided, however, that when the Company notifies the Applicant, without delay after receipt of the form, of the fact that it will put consent to the relevant application on hold, the Use Agreement shall be established on a date separately agreed upon by the Company and the Applicant.
2. A case of an application made on the website
  When an e-mail stating that consent was given for the application is sent by the Company
(Non-establishment) Irrespective of the provisions of the preceding clause, if the Company refrains from consenting to an application based on the provisions of the next article, the Use Agreement will not be established.
(Date of commencement of use) The date of commencement of use of the Services will be the first date of the month after the date when, after conclusion of the Use Agreement, agreement has been reached for all of the matters required for provision of the Services and the Company has completed preparations for provision of the Services.
(Date of generation of use charges) Use charges for the Services will arise beginning on the preceding clause's date of commencement of use.

Article 6 (Refusal of an application)

In cases that fall under one of the items below, the Company may refrain from consenting to an application for the use of the Services.
1. When the Company judges that the provision of the Services related to the application or arrangements or maintenance for equipment related to the Services is difficult
2. When there is a possibility that the Applicant will fail to fulfill the agreement-related obligations that it has with the Company, such as when the Applicant previously failed to fulfill the agreement-related obligations that it had with the Company
3. When there is false content in the application
4. When the Applicant is a corporation that does not have a place of business within Japan, or when the Applicant is an individual who is not living in Japan
5. When the Applicant wants to pay charges by using a credit card, but the card company's approval cannot be obtained
6. When the Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and lacks the ability to conclusively make an application for the Service by his or her own actions, and the Company cannot confirm that the Applicant's legal representative or other agreed person with authority agreed to or confirmed the application
7. When there is a possibility that the Applicant will use the Service in a manner that will tarnish the Company's public reputation
8. When the Company recognizes that the Applicant falls under the antisocial forces stipulated in Article 28.1
9. When the Company otherwise recognizes that consenting to the application is not suitable, such as when there is actual hindrance for the Company to conduct work or when there is a possibility that hindrance will arise
In a case in which, based on the provisions of the preceding clause, consent is not given to an application for the Services, the Company will promptly notify the Applicant of that fact. Please note that the Company shall not bear an obligation to disclose the reason for not consenting to an application.

Article 7 (Requests for changes of service items)

During the agreement period, the User can ask the Company for a change of the service items for which provision is received from the Company. The method of requesting a change shall be either making a request on the Company's website or submitting the Company's prescribed application form or order form.
If a request for a change based on the preceding clause is made by the User, the Company will deem that it is a new application and will handle it in accordance with the provisions of Article 5 and Article 6.

Article 8 (Notification of changes of agreement matters)

If there is a change in a matter stated in the application form or the order form or a change in a matter registered on the Company's website, the User shall promptly notify the Company.
If there is succession of the User's status under the Use Agreement because of a merger or company split by the corporation that is the User, the corporation that succeeds that status shall notify the Company within fourteen days after the date of the merger.
The Company shall not bear liability for any damage incurred by the User or a third party because the notification of change as described in one of the two preceding clauses was late or because that notification was not made, and even if notification from the Company does not arrive or arrives late because that notification of change was late or because that notification of change was not made, the Company shall be able to deem that it arrived at the time when it ordinarily should have arrived.

Article 9 (Inheritance)

If the individual who was the User dies, the Use Agreement shall end. Provided, however, that if that person's heir notifies the Company within fourteen days after inheritance begins, that heir shall be able to succeed the status under the Use Agreement.
If there are multiple heirs, the person who succeeds the status under the Use Agreement shall be limited to one person, and the notification of the preceding clause shall also be made by that one heir. Provided, however, that if, as a result of discussion about inheritance division, it is decided that an heir other than the heir who made the notification of the preceding clause will succeed the status under the Use Agreement, that heir shall be able to obtain the Company's consent and then succeed the status under the Use Agreement.

Article 10 (Transfer of rights)

Unless the Company's prior written consent is obtained, the User cannot transfer to a third party, provide as collateral, or loan the status or rights under the Use Agreement. Provided, however, that this does not include the User using the Service to create other services and provide them to third parties.
If the User intends to transfer status or transfer rights under the Use Agreement because of circumstances stipulated in one of the items below, the User shall notify the Company of that fact in advance and request the consent of the first sentence of the preceding clause. The Company will consent to the relevant transfer only if it judges that it is suitable in light of the sameness and continuity of the Service's form of use and the substantial sameness between the User and the party to which status will be transferred.
1. A case in which the individual who is the User will establish a corporation
2. A case in which business that includes this agreement will be transferred
3. Another case that is equivalent to one of the items above

Section 3: The User's obligations

Article 11 (Use charges)

The Services' use charge amounts will be the amounts that result from adding the amount equivalent to consumption tax to the amounts stipulated on the Company's website or in the order form or order placement form.
If the Company ends up recognizing that the Services' use charges are inappropriate because of changes in the commodity prices or maintenance, management, and operation expenses for the Company's facilities, the Company shall be able to issue notification by one month in advance and thereby change the use charges, even if it is within the agreement period.

Article 12 (Payment deadline)

If use charges are paid each month, in principle, the last date of the previous month will be the reference date for the charge calculation, the Company will issue an invoice for the User on the first date of the relevant month, and the User shall pay the charges for that month by the last date of the relevant month (if that last date is a day when financial institutions are closed, the immediately preceding business day).
If use charges are paid in an annual lump sum, in principle, the last date of the preceding month will be the reference date for the charge calculation, the Company will issue an invoice for the User on the first date of the relevant month, and the User shall pay the charges for the annual lump-sum payment beginning in the relevant month by the last date of the relevant month (if the last date of that month is not a business day, the preceding date).
Unless other conditions are stated in the application form or the order form, initial expenses shall be paid to the Company at the time of application.

Article 13 (Payment methods)

The following four methods are stipulated for payment methods.
1. Transfer: Cash transfer from a bank or post office (Bank transfer service charges will be on the User's account.)
2. Via an agency: The User shall, within the scope of a separate agreement between the User and the agency stipulated by the Company, pay the charges to the agency in accordance with the criteria stipulated in Article 12 of these terms.
3. Account withdrawal: Automatic withdrawal from a savings account at a bank or post office
4. Credit card payment: Payment using a credit card
In a case of the account withdrawal of Item 3 of the preceding clause, withdrawal processing will be conducted on the 27th (if the 27th is a day when financial institutions are closed, the next business day) of the month after the month that includes the reference date for charge calculation. Provided, however, that if withdrawal processing is not conducted at that time, additional withdrawal processing shall be conducted on the next month's withdrawal processing date.
In a case of the credit card payment of Item 4 of the preceding clause, settlement processing will be conducted on the 20th of the month after the month that includes the reference date for charge calculation.

Article 14 (Late payment fee)

If the User is late in the payment of initial expenses, use charges, or other money that should be paid to the Company based on the Use Agreement (hereinafter referred to as the “Charges etc.”), the User shall pay a late payment fee based on an annual rate of 14.6%.

Article 15 (Minimum use period)

The Services' minimum use period stipulated in the Use Agreement will be three months, and if the User ends the use of all or a portion of the Services by termination or cancellation due to the User's circumstances within that period, the User shall pay a two-month portion of use charges (if use of only a portion of the Services ends, this will be limited to the charges for the relevant Services) as a service charge by the last date of the month in which use ends.
Irrespective of the provisions of the preceding clause, in a case in which a separate minimum use period is stipulated for each Service, if the User ends use of all or a portion of the Services by termination or cancellation due to the User's circumstances within that period, the User shall pay the total amount of the use charges for the remaining period beginning in the month when use ends (if use of only a portion of the Services ends, this will be limited to the charges for the relevant Services) as a service charge by the last date of the month in which use ends.
The provisions of the two preceding clauses will apply even if the use period for a specific Service is less than the minimum period of one of the two preceding clauses because a service item was changed on the basis of the provisions of Article 7 during the agreement period. Provided, however, that this will not apply if the Company exempts payment of the service charge specified in the two preceding clauses.

Article 16 (Prohibited matters)

The User may not conduct actions that fall under one of the items below.
1. Actions that infringe, or actions that have a possibility of infringing, rights such as the copyrights, trademark rights, or other intellectual property rights, property rights, rights to privacy, publicity rights, or portrait rights of the Company or a third party (including other users; hereinafter the same)
2. Actions that discriminate against or defame the Company or a third party or that damage the honor or reputation of the Company or a third party
3. Actions that lead to or have a possibility of leading to fraud or another crime
4. Actions of circulating information for which use by minors or young people is restricted, such as sending or posting images or documents that fall under obscenity, child pornography, or child abuse
5. Actions of conducting unauthorized access to the Company's cloud infrastructure
6. Actions of sending to other people, without permission, e-mail for the purpose of advertisements, publicity, or solicitation (spam mail, etc.) or e-mail to which other people feel aversion (harassment mail), actions that hinder other people's receipt of e-mail, actions of requesting forwarding of chain-type e-mail (chain mail), or actions of forwarding e-mail in response to a request for forwarding chain mail
7. Actions that significantly inconvenience third parties or that are not socially permitted
8. Actions that go against, or that have a possibility of going against, public order and morals
9. Actions that violate a law or regulation
10. Other actions that the Company judges to be inappropriate as a User of the Services
If the User is conducting or is suspected of conducting an action that falls under one of the items of the preceding clause, the Company can conduct investigation within a reasonable scope. If the User is asked by the Company to cooperate with that investigation, the User shall cooperate with that investigation.

Article 17 (Damage compensation)

If the User or its representative or employee or another party related to the User violates the stipulations of the Use Agreement that includes these terms and causes damage to the Company as a result, the User must compensate the Company for that damage.

Section 4: Communication secrets and handling of personal information

Article 18 (Protection of communication secrets)

The Company will protect communication secrets that are handled in association with the provision of the Services and will use or save them only within the scope that is necessary for ensuring the efficient provision of the Services.
If compulsory punishment based on Article 218 of the Code of Criminal Procedure or other stipulations of that Code is conducted, the Company shall not bear any obligation to protect the User's communication secrets within the scope stipulated in the relevant law, regulation, or warrant.
In a case in which the User conducts a prohibited action that falls under any of the items of Article 16 and hinders the provision of the Services, if it can be recognized that there is justifiable cause for noncompliance with the law, such as falling under legitimate self-defense or emergency evacuation, the Company can provide a portion of the information included in the User's communication secrets but only within the scope that is necessary for ensuring the efficient provision of the Services.

Article 19 (Protection of personal information etc.)

The Company will handle the User's and other people's personal information according to the Company's privacy policy and the provisions of this article.
If information that is the User's business secrets or the User's or another person's personal information and that does not fall under the communication secrets stipulated in Clause 1 of the preceding article (hereinafter collectively referred to as the “Personal Information etc.”) is directly obtained from the User or is lawfully obtained from a person other than the User, the Company can save that information during the period that is necessary for ensuring smooth provision of the Service.
The Company shall not disclose or provide the Personal Information etc. to parties other than the User. Provided, however, that this will not apply if personal information will be used for a purpose of use stipulated in the privacy policy.
If compulsory punishment based on Article 218 of the Code of Criminal Procedure or other stipulations of that Code is conducted, the Company shall not bear the confidentiality obligation of the preceding clause within the scope stipulated in the relevant law, regulation, or warrant.
Irrespective of Clause 2, if the Company receives an inquiry from a party that has a court's inquiry authority under a law, the Company shall be able to respond to the inquiry about the Personal Information etc. within the scope that can be recognized as necessary based on laws and regulations. The same will also apply for cases in which the Company receives a request for disclosure of the Personal Information etc. based on a law or regulation.
After the Use Agreement ends or after the saving period stipulated by the Company passes, the Company shall eliminate the Personal Information etc. Provided, however, that even after the Use Agreement ends or after the saving period stipulated by the Company passes, if the Personal Information must be saved based on the stipulations of a law or regulation, it shall be possible to not eliminate the Personal Information etc.

Section 5: Cessation, abolition, or suspension of provision of the Services

Article 20 (Cessation or abolition of provision)

If there is a reason stated below, the Company may temporarily or permanently cease or abolish provision of all or a portion of the Services.
1. A case in which cessation or abolition is unavoidable because of the Company's business circumstances or the facility circumstances of an individual data center or an individual telecommunications provider with which the Company has concluded an agreement
2. A case in which, because a natural disaster or other emergency situation has occurred or is likely to occur, it is necessary to prioritize communication that requires urgency for the purpose of public interest
If the Company intends to cease or abolish provision of the Services based on Clause 1, the Company will, one month before the date of cessation or abolition, notify the user of the content of the Services that will be ceased or abolished, the date of cessation or abolition and, in a case of cessation, the planned period of cessation. Provided, however, that in a case in which urgency is unavoidable, it shall be sufficient to issue such notification as promptly as possible before or after cessation or abolition.
If the Company will permanently abolish provision of the Services based on Clause 1, the Use Agreement for the relevant Services will end on the date of that abolition. In such a case, the User will bear an obligation to pay the use charges by the last date of the month that includes the date of that abolition.
If provision of the Services is ceased or abolished by the Company based on Clause 1 (including cases in which this agreement ends based on Clause 3 because of permanent abolishment of provision), the Company will not bear liability for compensation for damage incurred by the User.

Article 21 (Measures when there is an action that falls under a prohibited matter)

If the Company recognizes that the User has conducted an action that falls under a prohibited matter stipulated in Article 16, if a complaint or claim related to that prohibited matter is made against the Company by a third party and the Company recognizes that it is necessary to implement measures, or if the Company judges, because of another reason, that an action is inappropriate for operation of the Service, the Company may implement any of the measures below or a combination of those measures against that User. Provided, however, that depending on the service type, there are measures that cannot be implemented.
1. A demand to stop the action that falls under the prohibited matter stipulated in Article 16
2. A demand to conduct discussion with the third party that made the complaint or claim against the Company for the purpose of resolution of that complaint
3. A demand to delete information that was posted on the Internet by using the Services
4. Creating, without giving notification in advance, a situation in which other people cannot access all or a portion of the information that the User or the User's related party posted on the Internet through the Services
5. Suspension of use of all or a portion of the Services
6. Cancellation of all or a portion of the Use Agreement
Even if the Company suspends use of the Services based on Item 5 of the preceding clause, the User will not be exempted from the obligation to pay the use charges for suspended Services. In addition, even if damage arises for the User because the Company implements the measures of the preceding clause, the Company will not bear liability for providing compensation for that damage.

Article 22 (Temporary suspension of provision)

In a case that falls under a reason stated below, the Company may temporarily suspend provision of the Services to the relevant User.
1. When the User was late in payment of charges
2. When the Company recognizes that hindrance will arise for execution of the Company's business, such as when there is hindrance or a possibility of hindrance to the Company's cloud infrastructure
3. When it is revealed that the User stated or declared a false matter for the application
4. When it is necessary to temporarily suspend provision because of the renewal of a system program that the Services use
5. When, because of various reasons of the cloud infrastructure, a security problem arises or is likely to arise in the Services' fundamentally used software, and it is unavoidably necessary to temporarily suspend provision
6. When it is unavoidable because of a reason such as facility maintenance at an individual data center or a telecommunications provider with which the Company has concluded an agreement
If the User falls under any of Items 1 through 3 of the preceding clause, the Company may ask the User to implement corrective measures.
If the Company will suspend the Services based on Clause 1, it will give the User advance notification of that fact, the reason, and the period of suspension. Provided, however, that this will not apply in cases in which urgency is required.
Even if the Company temporarily suspends provision of the Services based on Clause 1, the User will not be exempted from the obligation to pay the use charges for the Services during suspension.

Article 23 (Change of the type of service)

The Company may, in accordance with the User's state of use of the Services, request a change of the service items that the User is using. The User shall be unable to refuse that request without a valid reason.

Section 6: End of the Use Agreement

Article 24 (Cancellation of the Use Agreement)

In a case that falls under a reason stated below, the Company can immediately cancel all or a portion of the Use Agreement and other agreements between the Company and the User without making any notification or demand to the User. In such a case, the User will bear an obligation to pay the use charges for up to the month that includes the cancellation date. Provided, however, that in a case of an annual lump-sum payment, none of the charges that were already paid shall be refunded.
1. A case that falls under any of the items of Article 20.1
2. When the User received a motion for seizure, provisional seizure, provisional disposition, disposition for delinquency, or auction, or when the User made a motion for bankruptcy, civil rehabilitation, corporate adjustment, special liquidation, or corporate reorganization
3. When the User suspended payment, such as when the User dishonored a draft or check
4. When the User was late in paying charges
5. When the User, without a valid reason, does not comply with a demand by the Company based on one of Items 1 through 3 of Article 21.1
6. When the User, without a valid reason, does not, within a suitable period, implement the corrective measures requested by the Company based on Article 22.2
7. Besides each of the items above, when the User violates a stipulation of the Use Agreement that includes these terms
8. Another case in which a serious reason has arisen that makes it difficult to continue the Use Agreement
The User can notify the Company by the 15th of each month and thereby cancel the Use Agreement as of the last date of the following month.
In a case of annual lump-sum payment, none of the charges that were already paid shall be refunded, even if the Use Agreement is canceled on the basis of the preceding clause before the end of the agreement period.

Article 25 (Agreement period, cancellation, and automatic renewal)

The agreement period for the Use Agreement will start on the date of commencement of use and will be until the last date of the month that includes the date one year after that date of commencement of use unless otherwise specified.
Unless the User, by the 15th of the month before the date when the agreement ends, issues notification of the fact that renewal will not be conducted, the Use Agreement shall be automatically extended for an additional period of the use charge payment unit (one month or one year), and the same will also apply thereafter.

Section 7: Damage compensation

Article 26 (Restriction of damage compensation)

In a case in which, for a reason attributable to the Company, the User has fallen into a situation in which it is completely impossible to use the Services (in a case in which the User uses multiple Services and the use charges are clearly divided and stipulated for each Service in the Use Agreement, this will be the relevant individual Services; hereinafter in this article the same), limited to a case in which that situation continues for twelve hours or longer starting at the time when the User's inability to use the Services is recognized in the Company's records, the Company will, based on a request by the User, comply with compensation for any damage that actually arose for the User with a limit of the amount obtained by multiplying one-thirtieth of the basic charges for one month by the number of days of inability of use (amounts of less than one yen will be discarded).
Continuation of the User's situation of inability of use under the preceding clause will end upon transition to a situation below.
1. Restoration to the situation before the time when the preceding clause's inability of use was recognized
2. Restoration to the situation at the time of commencement of provision of the Services
3. A case in which the Company or the User judges that restoration is difficult and the Use Agreement is canceled on the basis of Article 24.1
If the User's use of the Services becomes impossible because of the facility circumstances of an individual data center or an individual telecommunications provider with which the Company has concluded an agreement, the total amount of the damage compensation that the Company bears based on Clause 1 to all of the Users for which use has become impossible will be limited to the amount of damage compensation that the Company receives from the relevant individual company in relation to the relevant telecommunications services.

Article 27 (Exemption of liability)

Excluding cases that are particularly stipulated in the Use Agreement that includes these terms, the Company shall not bear any liability for compensation, irrespective of liability for the nonperformance of debt, liability for an illegal action, or other grounds under a law for damage that the User incurs in relation to use of the Services. Provided, however, that this will not apply in cases in which the User incurs damage because of the Company's intention or gross negligence in relation to use of the Services.
In relation to disputes with third parties that arise in relation to the User using the Services, the User shall resolve such disputes at the User's own liability, and the Company will not bear any liability whatsoever.

Section 8: Miscellaneous provisions

Article 28 (Exclusion of antisocial forces)

The Company and the User declare to the other party that, on the date when the User agrees to these terms, the party or its own officer or employee is not a party stated in any of the items below (referred to as the “Antisocial Forces” in these terms), and they firmly promise that they also will not fall under the Antisocial Forces in the future.
1. An organized crime group or a member (including an associate member) of an organized crime group
2. A company related to an organized crime group
3. A corporate racketeer, an organized crime group claiming to be a social movement, an organized crime group claiming to conduct political activities, an organized crime syndicate, or a member of one of these organizations
4. A party that is equivalent to one of the items above
The Company and the User decare to the other party that they will not conduct actions that fall under any of the items below or actions that have a possibility of falling under any of the items below and that they will not have third parties conduct such actions, and they firmly promise that they also will not fall under those actions in the future.
1. Actions of making violent demands
2. Actions of making unjust demands that exceed legal liability
3. Actions of using threatening words or actions or using violence in relation to a transaction
4. Actions of spreading rumors or using fraudulent means or power to damage the other party's reputation or hinder its work
5. Actions that are equivalent to one of the items above
If the other party violates a declaration or warranty of one of the two preceding clauses, the Company or the User can immediately cancel the Services for the future.
If the Company or the User conducts the cancellation stipulated in this article, the Services will end on the date when notification of that cancellation reaches the other party.
Even if the Company or the User executes the cancellation stipulated in this article, that party will not lose the right to claim damage compensation from the other party. The party that received cancellation cannot claim damage compensation from the party that executed the cancellation.

Article 29 (Governing laws)

These terms and the Use Agreement will be deemed to have been created in accordance with the laws of Japan, and they shall be interpreted according to the laws of Japan.

Article 30 (Resolution of disputes)

If a dispute, a question, or a matter that has not been stipulated arises concerning the Use Agreement that includes these terms, the Company and the User shall sincerely discuss and resolve that dispute, question, or matter.
The court that has jurisdiction over the location of the Company's head office (city of Shizuoka) will be the agreed court of exclusive jurisdiction for lawsuits related to the Use Agreement that includes these terms.

Article 31 (Consignment of work to third parties)

There shall be cases in which the Company, for conducting business, consigns all or a portion of work to a third party that the Company recognizes as proper, and the User agrees to this in advance.
Under the preceding clause, there shall be cases in which the Company discloses to a consigned party the information that the User disclosed at the time of applying for the Services, and the User agrees to this in advance.

Article 32 (Language)

These terms will be created in Japanese and translated into English. The Japanese version is the official text, and the English version shall be created for the purpose of improving convenience. In the event that there is a contradiction or conflict between the Japanese version and the English version, the Japanese version will prevail.

Chapter 2: Overview of individual services

Section 1: Common matters

This section stipulates matters that will be applied in relation to use of services that the Company provides.

Article 33 (Account management)

The User may not, without the Company's consent, disclose to third parties the passwords that the Company issues in relation to use of the Services or the passwords that the User sets, and the User must manage and set those passwords to avoid guessing by third parties.

Article 34 (Standard installation programs provided by the Company)

The User can use, either free of charge or for a charge, the programs that are provided by the Company and for which standard installation is conducted. At the Company, those programs are implemented by using a test method stipulated by the Company so that problems will not arise. Provided, however, that the Company will not bear liability for compensation for damage that the User incurs from using those programs.

Article 35 (Maintenance and management of services that exclusively use a device)

The User must maintain devices in their appropriate state and make efforts so that hindrance is not made to the cloud infrastructure.
If a malfunction arises in a device that the User uses, the User can make a request to the Company for restoration to return the relevant equipment to the same state as that of the time of commencement of provision. Provided, however, that the Company does not bear an obligation to restore data.
The User may not, without the Company's consent, disclose to third parties the manager account passwords related to devices' control, adjustment, and other use, and it must set and manage those passwords so that they will not be guessed by third parties.

Article 36 (Device management for the service of loaning devices to the User's base)

If the User receives the loan of a device from the Company in relation to receiving the provision of the Services, the User shall appropriately manage that device. If a malfunction arises because of the User's intention or negligence, the User shall bear to the Company the expenses for any repair and shall also bear liability for providing compensation for damage incurred by the Company.
The provisions of Article 49 will apply correspondingly for a case in which the User receives a loan of a device from the Company in relation to receiving provision of the Service.

Section 2: Enterprise storage service

This section stipulates matters that will be applied in relation to use of enterprise storage service.

Article 37 (Measures when the agreement ends)

If the Use Agreement ends, the Company will use the Company's stipulated method to delete all data (excluding user registration information) related to the relevant User that is recorded on the storage server equipment under the Company's management at the time when fourteen days have passed since the agreement ended.
The User shall be unable to request a third party's certificate of deletion of the storage server equipment data.

Section 3: Domain management service

This section stipulates matters that will be applied in relation to the use of the domain management service.

Article 38 (Agency service for domain registration application clerical procedures)

The Company will conduct agency service for the agreement party's domain registration application procedures for the specific Registrar or Other Higher-Level Organization stipulated by the Company. Please note that in some cases it may not be possible to register the preferred domain.

Article 39 (Domain use service)

After completion of the domain registration procedures stipulated in Article 38, it will become possible to use the Services after processing by the Registrar or Other Higher-Level Organization.
In order to use the Services for a domain that the User obtained by using service provided by a business operator other than the Company, in some cases, it may be necessary for the business operator that was providing that service to conduct certain procedures for a domain management organization. In the event that it is not possible to obtain that business operator's appropriate cooperation and the Services cannot be used on that domain, the Company will not bear any liability whatsoever for damage that arises for the User as a result.

Article 40 (Service for maintaining domain registration)

The Company will provide the service that is necessary for maintaining registration at the Registrar or Other Higher-Level Organization for the domain that the User will use for use of the Services. Excluding cases in which a special request is made by the User two months before the domain's expiration date, in principle, the period will be automatically extended, and continuous use of the domain will be prioritized. In relation to the expenses for domain management service, the stipulated use charges will be charged after the fact.

Article 41 (Restriction of the domain management organization)

In relation to implementing the services stipulated in these terms Article 38 (Agency service for domain registration application clerical procedures), Article 39 (Domain use service), and Article 40 (Service for maintaining domain registration), the Company will provide services to the User by conducting application agency of the relevant services of the Registrar or Other Higher-Level Organization that is separately stipulated by the Company. For use of those services, the Registrar or Other Higher-Level Organization's domain management method shall be followed.

Article 42 (Exemption of liability related to domain registration agency service)

In relation to the domain registration agency service, the Company will not bear any liability whatsoever for damage that arises for the User because that service is late, because the Company cannot provide that service, because procedures at the domain management organization are late, or because procedures are not completed.

Section 4: Private cloud service

This section stipulates matters that will be applied in relation to the use of the private cloud service.

Article 43 (The User's responsibilities)

If the User has a third party conduct an action that falls under one of the items below (including but not limited to cases of issuing an ID and password) in the use of the private cloud service, the User shall bear an obligation to have that third party comply with the matters stipulated in the Use Agreement that includes these terms.
1. Actions of installing content (hereinafter referred to as the “Content”), such as sentences, images, programs, or data in the Virtual Machine
2. Actions of releasing, on the Internet, content that has been installed in the Virtual Machine
3. Actions of using content that has been installed in the Virtual Machine to conduct any type of processing for that third party or another party
4. Actions of having another party conduct an action of one of the items above
5. Other actions that use the Virtual machine
If the third party of the preceding clause conducts an action that violates the Use Agreement that includes these terms, it will be deemed that the User conducted that action.
The Company shall not bear any obligations or liability under the Use Agreement to the third party of Clause 1.

Article 44 (Maintenance and management of the Virtual Machine)

On and after the date of commencement of use of the Virtual Machine, the User will bear all liability for operation and management of the Virtual Machine and will bear liability for maintaining the Virtual Machine in an appropriate state and handling it so that hindrance is not caused to other users' use. For all software, including the provided software defined in Article 45, all of the problems that arise if the User does not install an update that corrects problems despite the fact that such an update exists will be the User's responsibility, and if such a problem causes damage to the Company, another user, or another third party, the User shall bear liability for providing compensation for that damage.
The user may not, without the Company's written consent, disclose to a third party the manager account's password that the Company sets in relation to the Virtual Machine's control, adjustment, and other use, and the User must set or manage that password to avoid guessing by a third party.
The User shall manage, at its own liability and expense, the data (this refers to personal information, confidential information, and all other data that is saved on that Virtual Machine after commencement of use of the Services; hereinafter referred to as the “User Data”) that is saved on the Virtual Machine. The Company does not bear any liability for leaks or loss of the User Data, prevention of such leaks or loss, or the response or restoration of the User Data in a case in in which such a leak or loss arises.

Article 45 (Use of provided software etc.)

The User can use the OS and middleware that are provided on the Virtual Machine (hereinafter these are collectively referred to as the “Provided Software etc.”) only for the purpose of the User's own use, and the User shall be unable to use the Provided Software etc. beyond the scope that is allowed under the terms and conditions or license associated with the Provided Software etc.
Copyrights and all other rights related to the Provided Software etc. belong to the rightsholder of the Provided Software etc. The Company does not transfer or license such rights to the User. Provided, however, that if the rightsholder of the Provided Software etc. stipulates that a license by the Company is necessary in order for the User to use the Provided Software etc., the Company shall license use to the User in accordance with that rightsholder's stipulations.
If the User causes damage to the Company by using the Provided Software etc. beyond the User's allowed scope of use that is stipulated in the preceding two clauses or by infringing the rights for the Provided Software etc. as stipulated in the preceding clause, the User shall bear liability for providing compensation for that damage.

Article 46 (Updates of infrastructure software)

The Company may, because of a reason such as a security measure, update infrastructure software (hereinafter referred to as the “Infrastructure Software”), such as the hypervisor that comprises the cloud service.
If the Company updates the Infrastructure Software, it will notify the User in advance and post information about implementation of the update on the Company's website. Provided, however, that if urgency is required, that notification may be made after the fact.
If the User needs to update the Virtual Machine because of an update of the Infrastructure Software, the User shall conduct an update based on Article 44.

Section 5: Co-location and device management service

This section stipulates matters that will be applied in relation to the use of co-location and device management service.

Article 47 (Management of the devices that are used)

The devices that the User can install are limited to the devices allowed by the Company in advance. If the Company recognizes that hindrance will arise for the execution of the Company's business, such as when there is hindrance or a possibility of hindrance to the Company's cloud infrastructure, the Company may refuse installation.
The User is to appropriately maintain and use the management authority for the devices that are used and appropriately manage, at the User's liability, the devices that are used. Provided, however, that the Company may manage the devices that are used on the basis of an agreement reached between the Company and the User.
If the Company recognizes that hindrance will arise for execution of the Company's business, such as when there is hindrance or a possibility of hindrance to the Company's cloud infrastructure because of a device of the User, the Company may suspend or remove the applicable device.

Article 48 (Agreement period, cancellation, and automatic renewal for co-location and device management service)

The agreement period for the Use Agreement related to co-location and device management service will start on the date of commencement of use and will be until the last date of the month that includes the date one year after that date of commencement of use.
If the User does not, by the 15th that is one month before the date when the agreement ends, use the Company's designated document or the Company's website to indicate an intention of cancellation, the Use Agreement shall be automatically extended for another one-year period under the same conditions, and the same will also apply thereafter.

Article 49 (Device removal at the time of agreement cancellation)

If the Use Agreement related to co-location and device management service ends, the User shall, at the User's liability and within fourteen days after the date when the agreement ends, remove the devices that are used. If the User does not remove the devices that are used within that period, the Company shall be able to remove those devices that are used, and the User shall bear the expenses for that removal.

Version No. 19, March 2, 2026

InfiniCloud Co. Ltd.

Yasushi Taki, Representative Director

Head office: 2-1-5 Gofuku-cho, Aoi-ku, Shizuoka-shi, Shizuoka-ken

Place of business: 5F, Gofukukan, 2-1-5 Gofuku-cho, Aoi-ku, Shizuoka-shi, Shizuoka-ken