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|Buttobi.net Terms of Service
All users of Buttobi.net must agree to the following "Terms of Service" (from hereon "the Terms") and the "Frequently Asked Questions" (from hereon "FAQ"). By using this service you are agreeing to the contents of the FAQ and this Terms of Service.
|Chapter 1 - General Rules
|Article 1 - Applicable Terms of Service
- The following Terms applies to all personal and corporate users (from hereon "users") using the Buttobi.net service (from hereon "this service") offered by SurgeSpace Corp. (from hereon "our company").
- In using this service, users have consented to the Terms of Service as well as the FAQ. By using the service users have agreed to abide by this agreement faithfully.
- Our company offers this service to users on the condition that they abide by this Terms of Service.
Article 2 - Scope and Modification of the Terms
- This Terms also covers any individual / additional rules applied to separate servers and so forth provided by our company.
- Our company reserves the right to modify this Terms and FAQ at any time without prior consent from users. Users who do not cancel their membership within two weeks of the modifications being announced on the Buttobi.net site are therefore agreeing to be bound by these modifications. In situations deemed to be urgent by our company, modifications or revisions will take effect immediately. In this case, usage of this service will be treated as under the modified agreement.
Article 3 - Notifications from our Company
- Notifications from our company come into effect from the time they are displayed on the server, unless stated otherwise.
|Chapter 2 - User Agreements
|Article 1 - Users
- Persons wishing to use this service must agree to abide by this Terms before starting use.
Article 2 - Use of Service
- Users take full responsibility for use of the service they have registered for, including all content uploaded.
- Users take full responsibility for use of their own account ID and password, and as a condition of using this service, agree not to transfer, loan or sell the account ID and password to a third party, except in cases specially decided by our company. Users also agree, in the case that the account ID or password are leaked to, stolen or used by a third party, that they will immediately notify our company of this, and follow any instructions then issued by our company.
- Our Company is not liable for any personal loss or damage to the user that may arise from the usage of the account ID or password by a third party, whether resulting from accidental or intentional action by the user. Furthermore, the loss of use of service resulting from the loss of the account ID and its corresponding password, and any consequences of this, are the sole responsibility of the user.
- Our company reserves the right to terminate accounts and/or delete files and documents, as corrective measures to any violations of this Terms or behavior deemed to be unsuitable.
Article 3 - Intellectual Property Rights
- Users agree that information provided through this service (including video, image, sound, voice, document, photograph, and software) is protected by copyright, trademark right, patent right, property right and any other applicable intellectual laws.
- The rights to content such as data and information published by the user are reserved by their respective right holder.
- As a general rule the rights to any data and information published by the user remain the property of their respective owners. However, for the purpose of the advertisement, publicity and promotion of use of our company's service, our company may publish any content published by users, without prior notification to the relevant user, in both media controlled or operated by our company and media such as magazines so forth. (Introduction on the Buttobi.net top page, etc.)
|Chapter 3 - Use of Service
|Article 1 - Equipment
- Users are responsible for and must provide all telecommunication device, computer, software or equipment and services necessary to access Buttobi.net services.
- Connection with our services through a telecommunications carrier (Internet Service Provider etc) is necessary and is solely the responsibility of the user, including any costs involved.
- Our company takes no responsibility for connection problems, including those caused by incompatibilities between the user's equipment and our company's equipment.
Article 2 - Self-Responsibility Principle
- The user is assumed to be using this service of their own accord and takes full responsibility for their own actions and any consequences.
- By using this service, in the case of notification of any complaints or claims by a third party, the user takes full responsibility
- The user is responsible for the compensation of any damage incurred by our company or a third party that results from intentional or unintentional misuse of the service or violations of this Terms.
Article 3 - Prohibited Conducts
- Our company prohibits the following acts being made on the Service, or while using the Service:
- Use of this service with falsified information, such as name and e-mail address
- Use of any languages other than Japanese and English
- Any violation of the properties, privacy, and portrait rights of others
- Any act of discrimination or slander, as well any acts that are defamatory or that cause damage to the reputation or credibility of a third party.
- Fraud or any other criminal acts
- The establishment of, or solicitation for, pyramid schemes and similar
- Illegal or immoral acts, as well as any acts deemed possibly so by our company
- Use of the service under a false identity
- The distribution of obscene text or imagery (not including "Adult" blogs)
- Activity that may cause a high load to the server
- The distribution of harmful viruses, code, files, and programs, as well as suggestions as to where they are available
- The displaying of advertising banners including affiliate for profit-pursuing purposes or any advertising that our company has not permitted, excluding advertising banners temporarily displayed in accessories tool such as access counters
(Banners linking to sites by individuals, not corporations or non-profit organizations, for non-profit are excluded.)
- The collection of personal information without the agreement of the person or through fraudulent methods
- Use on the service of any video, audio, text, voice (written or recorded), music, software, or any other goods and data (from hereon collectively "data") beyond the scope of private use allowed by copyright law. This includes duplication, publication, release, transfer, transmission, modification and use in other activities.
- Activity that violates any statutory laws, such as laws, regulations or ordinances.
- acts that infringe on any copyright, trade-mark, patent or any other intellectual property right held by our company or a third party, as well as acts deemed by our company to be in danger of infringement, or of causing harm or loss to our company or a third party, or of hindering our service
- Modification or removal of any information that can be obtained by our company or a third party through this Service
- As well as the above mentioned, acts that violate any laws, these terms of service, or public order and morals (violence, brutality, etc), acts which hinder the operation of this service, acts which damage the reputation of our company, or acts which infringe on our company's property, as well as acts that cause damage to our company or a third party.
- In addition to the above, the linking to any sites in violation of each of the above (including those carried out by a third person)
- Involvement in any activity in contradiction of Japanese law
- Any other acts deemed inappropriate by our company
Article 4 - Applicable to Blog service only
- When using the Blog service, the following acts are prohibited, in addition to Chapter 3, Article 3, Prohibited Conducts.
- Modification, interference with, or removal of the advertisements automatically inserted on the user page (including obscuring of the advertisements by modification of the blog colors)
- Using trackbacks which are clearly unrelated to the content of articles
- Causing disturbance to the sites and blogs of third parties
- The distribution of indecent images, documents, etc. (excluding "Adult" blogs)
- The distribution of images, documents, etc. that violate Japanese obscenity laws.
- Solicitation for adultery, compensated dating, prostitution, the buying of sex, and similar.
- the publishing of any content that inflicts harm on the health, life, freedom, honor, or property of a third party
- The publishing of false or misleading information
- The publishing of video or images captured from television, DVDs, etc protected by copyright.
- Any acts which may cause discomfort to other users or readers
- Involvement in any other activity deemed inappropriate by our company
Article 5 - Applicable to Webhosting service only
- In order to prevent unauthorized usage, if a disproportionate amount of bandwidth is being used, access to the homepage of the corresponding account may be automatically suspended.
Accounts that are suspended automatically because of causing a heavy traffic load will be restored once our company has confirmed the contents and judged that there are no problems.
- When our company deems a user as neglectful in regards to the management of an uploaded CGI application which can be executed or uses uploaded content by a third party, the offending CGI application will be suspended.
- When the Webhosting service is used, the following acts are prohibited, in addition to Chapter 3, Article 3, Prohibited Conducts.
- Modification, interference with, or removal of advertisements (includes obscuring of the advertisements by modification of the colors)
- Use of the service solely for the purpose of running CGI applications
- Use of the service only for CGI development or debugging.
- Installation and use of CGI which overloads our Service
- Installation of game or chat CGI scripts
- Use of the service solely for the purpose of file storage
(All files should be accessible from a link on the top page.)
- The uploading of disguised files, concealed files, and split files, as well as password-protected compressed files and encrypted files.
- The publishing of video or images captured from television, DVDs, etc protected by copyright
- The use of the server to transfer, download or distribute files
- The distribution of CGI files that function from our Company's servers such as free guestbooks and access counters.
- The distribution of software files that you do not own the rights to, including demo and trial versions
- Creation of sites exclusively for mobile phone access
Article 6 - Applicable to the Guestbook rental service only
- Should the Member (Buttobi.net user) become neglectful in their management duties in regards to the Guestbook, our Company may decide to terminate the Guestbook.
- When the Guestbook service is used, the following acts are prohibited, in addition to Chapter 3, Article 3, Prohibited Conducts.
- The posting of any content that is obscene, adult or mature oriented, unlawful, harmful, threatening, abusive, immoral, vulgar, obscene, infringes any copyright or portrait right, or is otherwise objectionable
Article 7 - Termination of Service Use
- When a user wishes to terminate use of the service, they must follow the termination procedure outlined.
|Chapter 4 - Management
Article 1 - Data Deletion
- In the following cases, our company may, at its sole discretion, at any time, take necessary steps such as the terminating or suspending of accounts, deleting of files or documents, and the termination of use of our service without notice. Inquiries about deletion cannot be responded to.
- Our company deems a user to be in violation of the Terms of Service (particularly the Prohibited Conducts sections)
- Our company concludes that the user's homepage or blog has been discontinued or moved
- The top page of a user's homepage (http://[account ID].***.buttobi.net/) registers virtually no non-unique access
- There are no contributions to the guestbook or blog for more than 30 continuous days
- Mail is returned from the user's registered address as undeliverable
- Our Company is not responsible for losses or damages resulting from unreported or undetected prohibited acts.
- Our Company may delete data that users have uploaded due to server management and maintenance issues.
Article 2 - Interruption of this Service
- Our company may temporarily suspend this Service without notifying the user beforehand for any of the following reasons.
- When the service's equipment maintenance is necessary, whether routine or emergency
- Disruption to the service due to fire disaster or power loss and so on.
- Disruption to the service due to natural disasters such as earthquake, volcanic eruption, flood, tsunami, inclement weather, etc.
- Disruption to the service due to an act of god, war, civil protest, riot, disturbance, strike, disease, criminal act, attack, invasion or incapacity
- In the case of any other practical or technical circumstances that are unavoidable
Article 3 - Termination of Service
- Our Company may, in its sole discretion, and at any time, discontinue providing the Service or any part thereof, with notification on our website.
- In regards to notice, the provisions of Chapter 1, Article 3 (Notifications from Our Company) shall apply.
- Under no circumstances, including negligence, shall our company, its offices, agents or any one else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential loss or damages of any sort that result by the termination of our services when we terminate our services, based on the provisions of Chapter 1, Article 3, after notification to users.
Article 4 - Handling of Access Logs
- Our company may record "access logs" of users' IP addresses and times/dates of access to the service.
- This access log may be disclosed, along with a user's personal information, in the case of a crime or suspicion of a crime, or when requested by public organisations such as prosecutors, police, jurisdictional authorities or bar associations.
- Our company is not liable for compensation of expenses or any other reparations for any damage or loss caused by this disclosure of information.
|Chapter 5 - Use of Other Internet Services
- When the user uses computers and networks provided by a third party other than our company (from hereon "other services"), any precaution provided by the relevant manager of this service should be abided by.
- Our company takes no responsibility for the use of any other services via the Service.
- The provisions of Chapter 3, Article 2 (Self-Responsibility Principle) also apply to the use of other services via the Service.
|Chapter 6 - Personal Information and the Privacy of Communications
Article 1 - Private Information
- Our Company does not use the personal information of users (from hereon "personal information") for any purpose other than providing the service, and will not disclose or offer personal information to third parties in a form that is individually identifiable. However, this does not apply in the following cases.
- The disclosure is required by law
- When a request for consent from the user regarding the use of personal information has been sent via e-mail
- When permission has been obtained from the user
- Our company has no duty to honor the above statements when requested to disclose information in order to comply with Article 218 of the Criminal Procedure Code.
- When a user discloses their own personal information through this service, they are approving the application of Chapter 3, Article 2 (Self-Accountability Principle) and Chapter 7, Article 1 (Disclaimer).
Article 2 - Privacy of Communications
- Our company protects the privacy of communications for users based on Article 4 of the Telecommunications Business Law.
- Our company does not disclose or leak personal information of users to third parties, except in the following cases.
- When calculating and analyzing personal information for the purpose of service improvement
- When the above mentioned calculations and analysis are disclosed to a third party such as a business partner in a form that is not personally identifiable
- When sent via email by our company or an outsourced company, for the advertising, publicity or other purpose
- When consent of the user is obtained, information may be disclosed or used
- When it must be disclosed in order to comply with a summons issued by the court, or other courthouse demand, order or law
- When requested by a prosecutor, police or regulatory authorities
- When our company deems it necessary in order to protect its profits
|Chapter 7 - Other
Article 1 - Disclaimer
- Our company is not responsible for any loss or damages suffered as a result of registering for or using this service.
- Although every effort is made to ensure that the system is managed as best as possible, in the case that loss of data occurs due to a system accident, no responsibility can be taken by our company.
- Our company does not assume any responsibility for loss or damages incurred through use of this service, as stated in Chapter 1, Article 2 (Scope and Modification of Terms), Chapter 4, Article 2 (Interruption of Service) and Chapter 4, Article 3 (Termination of the Service).
- Our Company does not assume responsibility for any actions by a user that prove to be detrimental to another user or a third party.
- Our company does not guarantee the completeness, accuracy, usability, or reliability of any information obtained by the user as a result of the use of this service.
- In the case that a user cancels an account or it is deleted from this service, our company retains the right to offer the same account ID to another member.
- Our company does not assume responsibility for damages caused by network or computer problems, such as system interruptions, delays, suspension, data loss, or damage to data due to unauthorized access, as well as any other loss to the user.
- Our company does not in any way warrant or guarantee the equipment or software being used by the user.
- Any costs incurred by other telephone companies or telecommunication companies in order to use this service are the sole responsibility of the user, and our company does not in any way warrant or guarantee them.
Article 2 - Compensation Claims
- When a user using this service in a way that is illegal or in violation of this Terms causes damage to our company, suitable claims for compensation (including legal fees) may be filed against the respective user.
Article 3 - Governing Law
- This Terms is governed by Japanese law.
Article 4 - Court of Jurisdiction
- In the case of any dispute over this Terms, the user and our company will be under the jurisdiction of either the Tokyo Summary Court or the Tokyo District Court.
*This English version has been translated from the Japanese version
which takes precedence in the case of any issues or discrepancies.