Komorebi Trading 株式会社 Terms and Conditions
These Terms of service (the “Agreement”) are an agreement between Komorebi Host (or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Komorebi Host and of the Komorebi Host.us website (collectively, the “services”). By using the services, you agree to be bound by this Agreement. If you do not agree by the terms of this Agreement, you are not authorized to use or access our services.
1.1 Additional Policies and Agreements
1.1.1. Use of the services is also governed by the following policies, which are incorporated by reference. By using our services, you also agree to the terms of the following policies.
Privacy Policy
Acceptable Use Policy
1.1.2 Additional terms may also apply to certain services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
1.2 Account Eligibility
1.2.1 By registering for or using the services, you represent and warrant that:
1.2.1.1 You are eighteen (18) years of age or older. The services are intended solely for users who are eighteen (18) years of age or older. Any registration, use of or access to the services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement, related account will be deleted without notice.
1.2.1.2 If you use the services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.
1.2.2 It is your responsibility to provide accurate, current, and complete information on the registration forms, including a working email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Komorebi Host is not responsible for any lapse in the services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Komorebi Host clients’ zone to update your contact information. Providing false contact information of any kind may result in the termination of your account. On certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
1.2.3 You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
1.2.4 The service and any data you provide to Komorebi Host is hosted in European Union unless otherwise provided. If you access the service from outside of European Union, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the European Union and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the European Union, and not necessarily of the jurisdiction in which you are located.
1.3 Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact support team to receive a price quote. In no event shall Komorebi Host be held liable for any lost or missing data or files resulting from a transfer to or from Komorebi Host. You are solely responsible for backing up your data in all circumstances.
1.4 Komorebi Host Content
Except for User Content (as defined below), all content available through the services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the services (collectively, “Komorebi Host Content”), are the proprietary property of Komorebi Host or Komorebi Host’s licensors. Komorebi Host Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Komorebi Host Content. Any use of Komorebi Host Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the services and any Komorebi Host Content. All rights to use Komorebi Host Content that are not expressly granted in this Agreement are reserved by Komorebi Host and Komorebi Host’s licensors.
1.5 User Content
1.5.1 You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the services, you represent and warrant to Komorebi Host that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
1.5.2 Solely for purposes of providing the services, you hereby grant to Komorebi Host a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Komorebi Host does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
1.5.3 Komorebi Host exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Komorebi Host ‘s computers, network hubs and points of presence or the Internet. Komorebi Host does not monitor User Content. However, you acknowledge and agree that Komorebi Host may, but is not obligated to, immediately take any corrective action in Komorebi Host’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all services without refund if you violate the terms of this Agreement. You hereby agree that Komorebi Host shall have no liability due to any corrective action that Komorebi Host may take.
1.6 Compliance with Applicable Law
1.6.1 You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the European Union or the country in which you reside. The services are controlled and operated by us from our offices within Japan (although we may share data with third parties around the world to assist us in providing the services as further described in our Privacy Policy) and we make no representation that the services are appropriate or available for use in other locations. Those who access the services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the services where prohibited by law.
1.6.2 Komorebi Host is a japanese company but for the data stored into european facilities, it apply the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
1.6.3 To the extent the GDPR applies to you, you represent and warrant that in using our services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth hereshall apply where you are a Controller subject to the GDPR.
1.7 Third Party Products and services
1.7.1 Third Party Providers
Komorebi Host may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Komorebi Host does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Komorebi Host is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
1.7.2 Komorebi Host as Reseller or Licensor
Komorebi Host may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the services (“Non- Komorebi Host Products”). Komorebi Host shall not be responsible for any changes in the services that cause any Non-Komorebi Host Products to become obsolete, require modification or alteration, or otherwise affect the performance of the services. Any malfunction or manufacturer’s defects of Non-Komorebi Host Products, either sold, licensed or provided by Komorebi Host to you will not be deemed a breach of Komorebi Host’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non- Komorebi Host Product are limited to those rights extended to you by the manufacturer of such Non-Komorebi Host Product. You are entitled to use any Non-Komorebi Host Product supplied by Komorebi Host only in connection with your use of the services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Komorebi Host Product or to use it other than in connection with the services. You shall not resell, transfer, export or re-export any Non-Komorebi Host Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
1.7.3 Third Party Websites
The services may contain links to other websites that are not owned or controlled by Komorebi Host (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
1.8 Account Security and Komorebi Host Systems
1.8.1 It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, do not set permissions on most directories to 777 or as restrictive as possible. users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
1.8.2 The services, including all related equipment, networks and network devices are provided only for authorized customer use. Komorebi Host may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the services, you consent to monitoring for these purposes.
1.8.3 Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Komorebi Host may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
1.8.4 Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Komorebi Host of an issue, we reserve the right to leave access to services disabled and all data deleted.
1.8.5 Komorebi Host reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
1.9 Compatibility with the services
1.9.1 You agree to cooperate fully with Komorebi Host in connection with Komorebi Host’s provision of the services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Komorebi Host is not responsible for any delays due to your failure to timely perform your obligations.
1.9.2 You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Komorebi Host to provide the services, which may be changed by Komorebi Host from time to time in our sole discretion.
1.9.3 You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Komorebi Host does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
1.10 Billing and Payment Information
1.10.1 Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
1.10.2 Autorenewal
Unless otherwise provided, you agree that until and unless you notify Komorebi Host of your desire to cancel the services, you will be billed on an automatically recurring basis to prevent any disruption to your services, using your credit card or other billing information on file with us.
1.10.3 Taxes
Listed fees for the services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Komorebi Host’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
1.10.4 Late Payment
All invoices must be paid with in five (5) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Komorebi Host may suspend or terminate your account and pursue the collection costs incurred by Komorebi Host, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Komorebi Host will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
If a payment is not received for the renewal of your service, your account will be suspended after 5 days, and your account will be deleted 30 days after your due date. Recovering a deleted account can cost you at least 50 EUR, but it can sometimes be unavailable (no longer a backup). As a result, we are not responsible and the customer must pay for the services on time.
1.10.5 Domain Payments
It is solely your responsibility to notify Komorebi Host’s support team by e-mail or support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Komorebi Host is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
1.10.6 Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Komorebi Host may report any such misuse or fraudulent use, as determined in Komorebi Host’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
1.10.7 Invoice Disputes
You have thirty (30) days to dispute any charge or processed payment. If you have any questions concerning payments, please reach out to our support team for assistance.
1.10.8 Payment Card Industry Security Standard Disclaimer
Komorebi Host complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Komorebi Host does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
1.11 Money-Back Guarantee
1.11.1 Shared, WordPress, CMS, VPS and Reseller services
Komorebi Host offers a fourteen (14) days money-back guarantee for Komorebi Host’s shared, WordPress, VPS, and reseller hosting services only.
Subject to the terms described below, if you are not completely satisfied with these hosting services and you terminate your account within fourteen (14) days of signing up for the services, you will be given a full refund of the amount paid for hosting.
This money-back guarantee only applies to fees paid for hosting services and does not apply to domains, administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services. This money-back guarantee is not applied for WordPress hosting if you or any third person on your behalf has started using the server resources, for example, uploaded files, installed WordPress, created mailboxes, etc.
The set up fee that is mentioned on the invoice, will not be refunded by any reason.
1.12 Cancellations and Refunds
1.12.1 Payment Method
No refunds will be provided if you use any of the following methods of payment: Western Union payments and checks. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
1.12.2 Money-Back Guarantee
If an account with a fourteen day money-back guarantee is purchased and then cancelled within the first fourteen days of the beginning of the term, you will, upon your written request to the Komorebi Host support team within forty days of such termination or cancellation, receive a full refund of all basic shared, WordPress, VPS and reseller hosting fees previously paid by you to Komorebi Host for the initial term; provided that such refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions. Requests for these refunds must be made in writing to the Komorebi Host Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include domains, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period. In case of refunds of services, there migration was done free of charge, it’s price will be deducted from refund sum, it is equal €40 per hour taken for migration, but not greater than service price.
1.12.3 Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
1.12.4 Non-refundable Products and services
There are no refunds on domain registration or transfer, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Komorebi Host’s sole discretion. Any domain names are non-refundable. If you have received a discount for any Komorebi Host plan because of length of term of service and you cancel your service during the term, our standard fees will be applied for your service instead of discounted fee.
1.12.5 Cancellation Process
14 Day Money Back Guarantee – No installation fee if site project work has already begun (sent form and saved in WordPress account). Transfer fees (if such a service has been provided) may also be deducted from the refund, i.e. 10-20 EUR (in case of GSP there may be more). After 14 days, any prepayments will no longer be refundable. Domains are never subject of a refund.
You may terminate or cancel the services by giving Komorebi Host written notice via email. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Komorebi Host may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us again by email or ticket. We require all cancellations to be done through the email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for shared and reseller accounts will be effective on the account’s renewal date or immediately by separate client notice. Cancellations for dedicated and VPS accounts will be effective immediately.
1.12.6.1 Domain Renewals
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Komorebi Host’s Support Team via email to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final. Depending on domain zone in case of late domain renewals additional fees for restoring domain name can appear and they are related to domain registrar responsible to this zone.
1.12.6.2 Domain Name Fees
If your plan includes a free domain name and you cancel within 1 year, our standard fee of at least €15.00 for the domain name (and any applicable taxes) and domain name price will be deducted from your refund.
1.12.6.3 Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Euros and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Komorebi Host is not responsible for any change in exchange rates between the time of payment and the time of refund.
1.12.6.4 Termination
Komorebi Host may terminate your access to the services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Komorebi Host or others or cause Komorebi Host or others to incur liability, as determined by Komorebi Host in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Komorebi Host shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Komorebi Host may charge you for all fees due for the services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND ANY OTHER DATA WILL BE DELETED.
1.13 CPU, Bandwidth and Disk Usage
1.13.1 Permitted CPU and Disk Usage
All use of hosting space provided by Komorebi Host is subject to the terms of this Agreement and the Acceptable Use Policy.
1.13.1.1 Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Komorebi Host expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Komorebi Host may, in our sole discretion, terminate access to the services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Komorebi Host’s terms and conditions.
1.13.1.2 Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
1.13.2 Bandwidth Usage
Shared servers, resellers, dedicated or VPS servers are not limited in their bandwidth allowance.
1.14 Uptime Guarantee (SLA)
If your shared or reseller server has a physical downtime that falls short of the 99.0% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance or force major events. Approval of any credit is at the sole discretion of Komorebi Host and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us via email with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions.
1.15 Reseller Terms and Client Responsibility
1.15.1 Resellers shall ensure that each of their clients complies with this Agreement.
1.15.2 Resellers are responsible for supporting their own clients. Komorebi Host does not provide support to clients of Komorebi Host’s resellers. If a reseller’s client contacts Komorebi Host, Komorebi Host reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
1.15.3 Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Komorebi Host will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
1.15.4 Komorebi Host is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Komorebi Host from and against any and all claims made by any User arising from the reseller’s acts or omissions.
1.15.5 Komorebi Host reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Komorebi Host.
1.15.6 Resellers in the Komorebi Host Reseller Program assume all responsibility for billing and technical support for each of the users signed up by the reseller.
1.16 The affiliates system
Money reaches an account within 20 days, is credited to the specified account upon request for an amount at least of EUR 20, it is prohibited to affiliate yourself (ie get a return on your own purchase by tricking the system to do so in individual cases, the Affiliates and the service Account may be blocked in this case), the Affiliates receive 10% from the first sale, and the next 5% for renewals, unless otherwise agreed.
1.17 Domains
1.17.1 This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you (“you”, “your” or “Registrant”) and the Registrar of the Domain Name, that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar’s domain name registration service and other associated services as described herein.
1.17.2 If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” and “Registrant” shall refer to such entity.
1.17.3 This Agreement will become effective when the term of your domain begins with Registrar and will remain in force until the domain remains as an active with Registrar. Registrar may elect to accept or reject the domain registration, transfer or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited domain.
1.17.4 WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of several TLDs including, but not limited to .com, .net, .org, .eu, .it, .de, .info, and many more The list of possible TLDs can be extended by Komorebi Host without changing or updating these terms and conditions.
1.17.5 Domain registration is executed according to the information provided by you and Komorebi Host is not responsible for typing or other data technical mistakes made by the you.
1.17.6 Domain names are registered in the name of yours. You are considered as the owner of the domain name and Komorebi Host is considered as technical manager of the domain name.
1.17.7 All domain names registered at Komorebi Host can be used with default nameservers provided by Cloudflare. You are free to set up any other nameservers or change them anytime, but Komorebi Host does not guarantee the domain management quality under nameservers of other providers.
1.17.8 Domain names are registered or renewed for the duration ordered and paid by the customer. Domain registration is executed right after the payment. If you pay for the domain registration with manual bank transfer, domain is registered or renewed in 3 working days after the payment is received. Komorebi Host can use third party software to register the domain name. Terms and conditions may vary depending on the domain zone.
1.17.9 You confirm that the provided information which is necessary for domain registration is correct, identifying real domain owner. You confirm and agree that personal data presented will be used for domain registration.
1.17.10 You agree that your personal information will be provided in the public WHOIS database used to identify the domain owners. You confirm and agree that you are informed that every domain has different registration rules and that different registrars apply different rules for displaying personal data.
1.17.11 Komorebi Host does not refund any domain registration under any circumstances taking into account that no central registrar refunds domain registration.
1.17.12 30 days prior to the end of the domain registration, Komorebi Host sends you an email for the renewal of the domain registration. In the event customer fails to pay the invoice before the due date of the domain renewal, Komorebi Host does no guarantee the customer’s ability to renew the registration of domain.
1.17.13 Komorebi Host enables the customer to fully manage his domain name, id est set and change domain name servers, set and change domain IP address, set and change domain redirections, transfer the domain to other domain registrar.
1.18 Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
1.19 VPS
The use of services from Komorebi Host constitutes agreement to these terms. You may view our General Terms of services here.
1.19.1 Cancellations and Refunds
Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. Komorebi Host gives you an unconditional 14-day money-back guarantee on Virtual Private Servers for any customer who paid the first invoice with a credit card or Paypal.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Western Union Payments;
- Resource Usage Limits;
VPS accounts may not:
- exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
- run public IRCd’s or malicious bots.
- run any type of BitTorrent client or tracker that links to or downloads illegal content.
- use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
- use I/O intensive applications which adversely affect normal server operations.
1.19.2 Inodes
1.19.3 VPS accounts may be subject to an unlited inodes but must be limited without any notice to better protect account files in the event of a potential attack.
All prices are without VAT we are billing from Japan so VAT will be not added to total prices.
Mail Policy
VPS accounts will be governed by our General Terms of services.
1.20 Backup and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Komorebi Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Komorebi Host servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Komorebi Host.
1.20.1 Uptime Guarantee
Approval of any credit is at the discretion of Komorebi Host dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact our support team via email. The 99.0% up time guarantee only applies to shared/reseller solutions. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down, which is not related to our uptime guarantee.
1.20.2 Force Majror
Komorebi Host shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Komorebi Host's control, including, without limitation, fraudulent hacker attacks by criminal groups, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Any unreversible data loss due to the mentioned reasons, cannot be charged to Komorebi Host in any way and will not be subject to any monetary refunds.
1.21 Cloud storage
For the cloud storage Komorebi Host is not responsible for any loss of data in the event of a malfunction or malicious attack.
We can change terms of cloud storage at any time (due to free space, etc.)
1.22 Price Change
Komorebi Host reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Komorebi Host through the user billing tool or through other methods of communication, including notices sent or posted by Komorebi Host.
1.23 Coupons
Discounts and promotional codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
1.24 Limitation of Liability
IN NO EVENT WILL Komorebi Host ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Komorebi Host IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Komorebi Host’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Komorebi Host FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
1.25 Indemnification
You agree to indemnify, defend and hold harmless Komorebi Host, our affiliates, and their respective officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the aforementioned parties arising out of or relating to (i) your use of the services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
1.26 Jurisdiction
By using the services, you hereby submit to the exclusive jurisdiction of Japan Republic and its’ courts in connection with any dispute relating to, concerning or arising out of this Agreement.
1.27 Independent Contractor
Komorebi Host and User are independent contractors and nothing contained in this Agreement places Komorebi Host and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
1.28 Governing Law
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Japan.
1.29 Disclaimer
Komorebi Host shall not be responsible for any damages your business may suffer. Komorebi Host makes no warranties of any kind, expressed or implied for the services. Komorebi Host disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Komorebi Host or our employees.
1.30 Backups and Data Loss
Your use of the included services is at your sole risk. Komorebi Host’s backup service runs once a day. Backup is a matter of the plan purchased and can be kept up to 10 days. Komorebi Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Komorebi Host’s servers.
1.31 Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Komorebi Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Komorebi Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Komorebi Host AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
1.32 Disclosure to Law Enforcement
Komorebi Host may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
1.33 Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
1.34 Headings
The headings herein are for convenience only and are not part of this Agreement.
1.35 Changes to the Agreement or the services
1.35.1 Komorebi Host may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Komorebi Host website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the services after the effective date of any such modification.
1.35.2 Komorebi Host reserves the right to modify, change, or discontinue any aspect of the services at any time.
1.36 Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
1.37 Waiver
No failure or delay by you or Komorebi Host to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
1.38 Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Komorebi Host. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Komorebi Host may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
1.39 Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
1.40 Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
1.41 Closing provisions or disputes
These terms and conditions are prepared avoiding complex legal terms in order to ensure their clearness.
All the disputes arising from these conditions must be solved in the way of negotiations and only if it’s impossible to solve the dispute this way, applying to the court of Japan. Alle pf these terms and conditions can be changed an any time by Komorebi Host without any notice or warning.