Please read these MyServerJapan.com terms of use (“Terms of Use”) carefully. By using MyServerJapan.com, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, then do not use MyServerJapan.com.
Red Crane LLC (“Red Crane”) is the owner and operator of MyServerJapan.com (the “Service”). MyServerJapan.com is a developer and provider of apps, plugins and power-ups that add functionality to existing third party services such as Trello as well as offers rental server and shared server hosting to customers.
Anyone using the Service is defined as a “User” or “You”.
You, the User, agree to comply in all respects with these Terms of Use and any Terms and Conditions set forth on Red Crane websites. You further acknowledge and agree that your use of MyServerJapan.com is also subject to the Terms and Conditions posted on Red Crane websites. As such Terms and Conditions may change from time to time in MyServerJapan.com`s sole discretion. These Terms of Use and Terms of Condition include terms applicable to both actual and prospective entrants, users and sponsors.
Red Crane reserves the right to change or revise these Terms of Use at any time and in its sole discretion by posting any changes or revised Terms of Use on this website, MyServerJapan.com (“MyServerJapan Site”).
You also expressly waive any right you may have to individual notice of such changes to the Terms of Use. Therefore, you should review these Terms of Use prior to each use of the Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Service.
Red Crane intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the MyServerJapan Site or of any applicable laws, rules, or regulations.
By using the Service, you release Red Crane from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge and agree that Red Crane reserves the right to change both its own and the Services terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the MyServerJapan Site and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the MyServerJapan Site or Service made after the changes are posted to the MyServerJapan Site. You also expressly waive any right you may have to individual notice of such changes.)
Red Crane may take anyone or more of the following actions, or other actions not listed, at Red Crane’s sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the Red Crane Site or associated with the Service:
- issue warnings: written or verbal;
- suspend or terminate your use of the Service, to the extent possible;
- bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
Interruption of Service
Red Crane may, from time to time, need to interrupt MyServerJapan Site for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any notification of interruption of Service, compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Red Crane and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
Availability
Because of situations beyond the control of Red Crane, Red Crane can’t guarantee that the Service will be available to you or that the Service will function properly. Red Crane doesn’t guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data.
By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, website data and all other types of data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email.
You expressly understand and agree that your use of the Service is at your sole risk. MyServerJapan ensures maximum compatibility with other third party system providers. MyServerJapan and its Services are provided on an “As is” and “As available” basis.
You assume full responsibility and risk for use of the Service and the Internet and are solely responsible for evaluating the accuracy and completeness of information you receive through the Service.
You understand and agree, except as required by applicable law, Red Crane shall be not liable for any direct, indirect, incidental, special, consequential or exemplary damages arising in connection with the Service, usage of the Service or performance of the Service.
MyServerJapan may provide, or third parties may provide, links to other web sites or resources, including without limitation to sponsor web sites or social networking websites. Because Red Crane has no control over such sites and resources, you acknowledge and agree that Red Crane is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that the Service as well as Red Crane and its affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contest, content, goods or services available on or through any such site or resource provided by the Service.
When you leave the MyServerJapan Site, you should be aware that our terms and policies no longer govern. Please review the privacy policy of any third-party website that you have linked to from MyServerJapan Site before you use such third-party website.
You agree not to use MyServerJapan to:
- intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Red Crane or used by Red Crane in providing the Service;
- attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- impersonate any person or entity, including, but not limited to, a Red Crane employee, contractor, volunteer, official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
- make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- make available any unsolicited or unauthorized advertising, contestal or any other form of solicitation, except in those areas that are expressly designated for such purpose;
- interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus or malware to the Service or MyServerJapan Site or “crashing” the Service, the Red Crane Site, or any other host or network;
- access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
Parental control
We encourage parents to take an active interest in their children’s use of the Internet. If you are under 13, you are not permitted to use the Service and should not provide personal information on MyServerJapan.
Disputes
If there is any dispute about or involving Red Crane or Service, you agree that the dispute shall be governed by the laws of Japan, without regard to conflict of law provisions and you agree to the exclusive Japanese personal jurisdiction. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by Red Crane. These Terms of Use and any and all other online policies and agreements promulgated by Red Crane, including without limitation Red Crane’s User Agreement constitute the entire agreement between Red Crane and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of Red Crane to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Use is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Use.
Payment
Red Crane LLC uses the Stripe service for managing payments on its MyServerJapan Site. Stripe handles the processing of credit card transactions. This intermediary is not allowed to store, retain or use any transaction information for purposes other than the processing of credit card transactions. For more information on the terms of use of this service, visit the Stripe website at https://www.stripe.com.
A credit card is required for all orders. By providing the credit card number and information described below, the User authorizes Red Crane LLC to debit their credit card the total amount with or without tax as indicated on the order summary. The User will immediately be billed and charged the full amount for the selected plan or Service.
In an effort to prevent Internet fraud, information related to the User’s order may be shared with any third party authorized by law to access it, and may be the basis for filing a complaint with the competent authorities.
Automatic Renewal
Annual billing agreements (also called Annual Subscription) are automatically renewed at the end of each billing period. The Service will bill the authorized paying user (also called the Subscription Owner) on the first day of the billing period. The Annual Subscription is not refundable either partially or totally. Upon automatic renewal of annual billing (also called Annual Subscription), the Subscription Owner is once again committed for a period of 365 days. A notice to cancel the Annual Subscription will be emailed to the Subscription Owner prior to the Annual Subscription automatically renewing.
Monthly billing agreements (also called Monthly Subscription) are automatically renewed without notice at the end of each billing period. The service is billed on the first day of the billing period and is not refundable. Upon automatic renewal of monthly billing (also called Monthly Subscription), the Subscription Owner is once again committed for a period of one calendar month.
Depending on the Service, Subscription Owners may access their account via MyServerJapan Site to confirm which boards, team members or other shared permissions are actively using MyServerJapan Services. A Subscription Owner is the person or business representative that is paying for use of the Service and the Subscription.
Refunds
No payment made for an order of any kind will be refunded.
Subscription Owners who choose Annual Subscription or Monthly Subscription, a plan that is downgraded or removed during their committed subscription period shall under no circumstances be cause for a total or partial refund.
Cancellation of Automatic Renewal & Account Deletion
The Subscription Owner may, at any time and without conditions, cancel automatic Annual Subscription or Monthly Subscriptions through the “Plan Page” associated with the Subscription. To do so, the Subscription Owner must click on the link “Cancel Subscription” in the “Plan Page” associated with the Subscription.
This is the only way to cancel automatic renewal of Subscriptions. Under no circumstances shall an e-mail, chat conversation, telephone call, or request in any other form constitute a request to cancel a valid automatic billing Subscription.
In the event of cancellation of a Subscription, any content Red Crane LLC may have in its possession will be immediately deleted as soon as the Subscription commitment period ends. This information will be permanently deleted and irretrievable.
It is the User’s responsibility to keep track of the date when their Subscription period will end.
The User may, at any time and without conditions, delete their account. To do so, the user must click the “Delete My Account” link on their “Settings” page. Under no circumstances shall an e-mail, chat conversation, telephone call, or request in any other form constitute a request to delete a user account and, therefore, such requests will not be acted upon.
Any user-created content Red Crane LLC may have in its possession will be immediately deleted. Said content will be permanently deleted and irretrievable, and Red Crane LLC will retain no copies of content created by the User, which the User understands and accepts without reservation.
Red Crane LLC reserves the right, without any specific formalities, to suspend or delete a User account and to deny Users access to its Services in the event that they violate these Terms of Use. Red Crane LLC will send the User a warning notice by electronic mail indicating that they are in violation of the Terms of Use and will suspend or delete the User account if the situation is not remedied within 15 days of said warning notice. Moreover, repeated violation of these Terms of Use justifies, without any specific formalities, the suspension or deletion of a User account, and/or denial of access to the Services of Red Crane LLC.