Nutzungsbedingungen

Last Revised: March 5th, 2020

This Privacy Policy covers the website www.Servgate.jp and our application. It does not cover information that may be collected through download-able software. If you have questions or complaints regarding our Privacy Policy or practices, please contact us at info@servgate.jp or call +81-586-81-7250.

Other than as described in this Policy, we will not give any information about you to others without your express permission.

Information Collection and Use

Our Site and application use forms in which you give us contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, government identification number, or other financial information. We will then create an account number for you.

We receive and store any information you enter on our Site, application, or give us in any other way, including through email, telephone, or other communications with our customer service. If you contact us for support, we might will keep an internal record of what support was given.

We use your information to contact you regarding functionality changes to our products, our Site and mobile application, new Servgate services, and special offers we think you’ll find valuable. If you would rather not receive this information, please contact us.

We may also use your information to present a co-branded offer with our partners or affiliates. If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.

We use information gathered about you from our Site or mobile application statistics (for example, your IP address or device operating system) to help diagnose problems with our server, and to administer our Site and mobile application. We also gather broad demographic information from this data to help us improve our Site and mobile application and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.

This Site contain links to other websites. Unfortunately, Servgate is not responsible for the privacy practices or the content of such sites.

Sending Emails

We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our „About“ page, to allow you to contact us directly. We strive to promptly reply to your messages.

The information you send to us may be stored and used to improve this Site, our mobile application, and our products, or it may be reviewed and discarded.

Third Party Service Providers

We may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, performing analysis of our products or customer demographics, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.

In the event that we use third party advertising companies to serve ads on our behalf, these companies may employ cookies and action tags (also known as single pixel gift or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

Supplementation of Information

In order to provide certain services to you, we may on occasion supplement the personal information you submit to us with information from third party sources (e.g., information from our strategic partners, service providers). We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.

Contests/Surveys

From time-to-time, we may provide you with the opportunity to participate in contests or surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code and age level – note that you must be 18 or above to enter). We use this information to notify contest winners and award prizes, to monitor site traffic, and to personalize our Site.

We may use a third party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users‘ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

Targeted Advertisements

Servgate may display targeted offers to our customers based on the products currently owned by the customer. These offers will display as varying product banners. There is no personal or Geo-location information collected within these product banners to build a profile about your activities or that is shared with third party advertising companies.

What Happens to my Personal Information if I Terminate my Servgate Account?

When your Servgate account is canceled (either voluntarily or involuntarily) all of your personally identifiable information is placed in „deactivated“ status on our relevant Servgate databases. However, deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information as necessary in order to comply with our legal obligations, resolve disputes, or enforce our agreements.

Updating Your Information

You may alter your account information or opt out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your account information or contact preferences.

  1. You may send an email to support@servgate.jp

  2. You may visit your online Account Manager

  3. You may send mail to Servgate Corporation
    at the following postal address:

    1-11-14 Azura, 491-0835 Ichinomiya, Aichi, Japan

  4. You may call us at: +81-586-81-7250

  5. You may fax us at: +81-586-81-7251

Transfer of Data Abroad

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN’s rules, regulations and policies.

Changes in Our Practices

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Contacting Our Site

If you have any questions about our Privacy Policy, the practices of this Site or our mobile application, or your dealings with this Site or our mobile application, please contact us at:

 

Criminal Subpoena Policy

Last Revised: March 5th, 2020

Servgate’s Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Servgate or one of its affiliates.

If you seek the identity or account information of a Servgate customer in connection with a criminal matter, and you are a member of the law enforcement community, you must fax, mail, or serve Servgate.jp, with a valid subpoena.

Submission of Subpoenas

Servgate is headquartered in Ichinomiya, Aichi and all criminal subpoenas should be served at that location or mailed to:

Servgate Corporation
1-11-14 Azura
491-0835 Ichinomiya
Aichi, Japan

Alternatively, the criminal subpoena can be faxed to:

+81-0586-81-7251
Attn: Compliance

Policies Regarding Email

Servgate will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Servgate’s e-mail servers do not retain deleted or sent e-mail.

Servgate reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Servgate e-mail address is related to the pending investigation and the underlying subpoena.

 

Servgate – TERMS OF USE

Last Revised: March 5th, 2020

 

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

Welcome to this website (this „Site“), which is owned and operated by Servgate. These Terms of Use set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the „Services“) found at this Site.

Whether you are simply browsing this Site or are a Servgate customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:

The terms „we“, „us“ or „our“ shall refer to Servgate. The terms „you“, „your“, „User“ or „customer“ shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Servgate, in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Servgate may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the „Last Revised“ date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.

2. ELIGIBILITY; AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms „you“, „your“, „User“ or „customer“ shall refer to such corporate entity. If, after your agreement to these Terms of Use, Servgate finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Servgate shall not be liable for any loss or damage resulting from Servgate’s reliance on any instruction, notice, document or communication reasonably believed by Servgate to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Servgate reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an „Account). You represent and warrant to Servgate that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Servgate has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Servgate reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, Servgate recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with Servgate. You must notify Servgate immediately of any breach of security or unauthorized use of your Account. Servgate will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Servgate or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

 

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

 

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  4. You will not use this Site or the Services found at this Site in a manner (as determined by Servgate in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Servgate or Servgate’s Services.
  5. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Servgate.
  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  7. You will not access Servgate Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Servgate may designate.
  8. You agree to back-up all of your User Content so that you can access and use it when needed. Servgate does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  9. You will not use this Site or the Services found at this Site, including any of Servgate’s related technologies, for any commercial use without Servgate’s express prior written consent.

Servgate reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF SERVGATE CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Servgate Content and User Content posted to Servgate’s corporate websites (i.e., those sites which Servgate directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice („User Submissions“), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, „User Content“). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Servgate that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Servgate Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Servgate Content or the User Content therein.

 

6. SERVGATE’S USE OF USER CONTENT

The provisions in this Section 6 apply specifically to Servgate’s use of User Content posted to Servgate’s corporate websites (i.e., those sites which Servgate directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

 

With Respect to User Submissions. You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate Servgate to treat your User Submissions as confidential or secret.
  3. Servgate has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. Servgate may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Servgate shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

 

With Respect to User Content (Other Than User Submissions).

If you have a website hosted by Servgate or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

However, if you post or publish your User Content to this Site, you authorize Servgate to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Use. Accordingly, you hereby grant Servgate a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Servgate’s (and Servgate’s affiliates‘) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate „private“ or „password protected“) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Servgate may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Servgate shall not use any User Content that has been designated „private“ or „password protected“ by you for the purpose of promoting this Site or Servgate’s (or Servgate’s affiliates‘) business(es).

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Servgate generally does not pre-screen User Content (whether posted to a website hosted by Servgate or posted to this Site). However, Servgate reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. Servgate may remove any item of User Content (whether posted to a website hosted by Servgate or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by Servgate in its sole and absolute discretion), at any time and without prior notice. Servgate may also terminate a User’s access to this Site or the Services found at this Site if Servgate has reason to believe the User is a repeat offender. If Servgate terminates your access to this Site or the Services found at this Site, Servgate may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

Servgate expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Servgate in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Servgate in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Servgate, its officers, directors, employees and agents, as well as Servgate’s affiliates.

Servgate expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

9. NO SPAM; LIQUIDATED DAMAGES

You acknowledge you have read, understand and agree to be bound by Servgate’s Anti-Spam Policy referenced above and available here. You agree Servgate may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Servgate liquidated damages in the amount of 100 円 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Servgate. Servgate assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Servgate does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Servgate from any and all liability arising from your use of any third-party website. Accordingly, Servgate encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED „AS IS“, „AS AVAILABLE“ AND „WITH ALL FAULTS“. SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SERVGATE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL SERVGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, „X-RATED“, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SERVGATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SERVGATE’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

13. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Servgate and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys‘ fees) imposed upon or incurred by Servgate directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

14. SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

15. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

16. COMPLIANCE WITH LOCAL LAWS

Servgate makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

17. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms of Use shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

18. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:

Servgate Corporation
1-11-14 Azura
491-0835 Ichinomiya
Aichi, Japan
info@servgate.jp

 

Anti-Spam Policy

Last Revised: March 5th, 2020

Servgate.jp does not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse compliant center to register allegations of spam abuse. Customers suspected to be using Servgate products and services for the purpose of sending spam are fully investigated. Once Servgate determines there is a problem with spam, Servgate will take the appropriate action to resolve the situation. Our spam abuse compliant center can be reached by email at abuse@servgate.jp.

HOW WE DEFINE SPAM

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:

 

  1. Email Messages

  2. Newsgroup postings

  3. Windows system messages

  4. Pop-up messages (aka „adware“ or „spyware“ messages)

  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

  6. Online chat room advertisements

  7. Guestbook or Website Forum postings

  8. Facsimile Solicitations

WHAT WE ALLOW AND DON’T ALLOW

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by Servgate’s no spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already „opted-in“ to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by Servgate, conclusive proof of opt-in may be required for an email address or fax number.

WHAT WE DO

If Servgate determines the services in question are being used in association with spam, Servgate will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to Servgate stating that they will cease to send spam and/or have spam sent on their behalf. Servgate will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event Servgate determines the abuse has not stopped after services have been restored the first time, Servgate may terminate the hosting and email boxes associated with domain name in question. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.

Email: abuse@servgate.jp