WEBSITE PRIVACY NOTICE
(Effective Date: June 1, 2018)
HULFT, Inc. (“Company,” “we”, “us” or “our”) maintains this Privacy Notice (“Privacy Notice”) that summarizes the treatment of information provided or collected on the sites where this Privacy Notice is posted, including, without limitation our website(s) at https://hulftinc.com/ (our “Sites”).
When you visit our Sites this Privacy Notice will apply. If you have any questions or concerns about our use of your information, then please contact us using the contact details provided at the bottom of this Privacy Notice..
We recommend you read this Privacy Notice in full to ensure you are fully informed. However, if you only want to access a particular section of this Privacy Notice, then you can click on the relevant link below to jump to that section.
A. Types and Collection of Information
Our primary goal in collecting the information described below is to provide you, the user, with a customized experience on our Sites and to deliver better service, products, and more relevant content to our customers, prospective customers, and visitors.
1. Types of Information We Collect
We collect two basic types of information in connection with our Service: (a) Personal Information and (b) Anonymous Information. Personal Information, Anonymous Information and Aggregated Information as used in this Privacy Notice are defined below:
“Personal Information” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s first and last name, home or other physical address, email address, and telephone number. Personal Information also includes identifiers, such as cookies, IP addresses and Mobile Device IDs that recognize individuals over time and across different websites or online services, where those identifiers can be reasonably linked to an identifiable individual.
“Anonymous Information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual person. When Anonymous Information is directly or indirectly associated with or combined with any Personal Information, such Anonymous Information will also be treated as Personal Information.
“Aggregated Information” means information about groups or categories of persons, this can constitute Personal Information unless it does not identify and cannot reasonably be used to identify an individual person.
2. How We Collect Your Information
Information Collected Directly From You
When you interact with our Sites, we collect information (including Personal Information) you provide to us directly as described below:
Registration Information. When you register with us (including directly through a Site or your Mobile Device, or other similar option) to create an account or profile within our Sites, you will be asked to provide:
(i) your first and last name;
(ii) your e-mail and mailing address;
(iii) user name, nickname, or password;
(iv) language preferences and
(v) such other information (including Personal Information) necessary to complete the registration process.
Information Through Mobile Devices. When you access our Sites through your mobile telephone or other mobile devices (collectively, “Mobile Device”), we will collect:
(i) Mobile Device type and manufacturer;
(ii) mobile carrier;
(iii) Mobile Device identifiers or advertising identifiers (“Device ID”);
(iv) telephone number;
(v) Internet Protocol address;
(vi) geographic location/country/zip code;
(vii) platform version;
(viii) installation, navigation, access, interaction, impression and engagement information;
(ix) network connection type;
(x) browser type;
(xi) Mac address;
(xii) iOS advertiser ID; and
(xiii) such other information you voluntarily provide to us.
In addition, we collect information you provide when you sign up to have Short Message Service notifications sent directly to your Mobile Device. We use your Device ID to verify, audit and analyze your use of our Sites.
Service and Support. When you communicate with us in connection with customer service and technical support, we will collect and store your contact information, information about your use of our Sites, your user ID and such other information you voluntarily provide to us in connection with such inquiry.
Profile Information. We provide areas on our Sites where you can post information about yourself and others and communicate with others or upload content. Such postings are governed by the applicable Terms of Service. In addition, such postings may appear on other websites or services, or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose Personal Information on publicly-viewable areas, that information will be publicly available and can be collected and used by others. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your Personal Information.
Information Received from SNS and APIs. When you access our Sites through an SNS, we access and obtain certain information from your profile through such SNS and the applicable SNS platform Application Programming Interface (“API”). The information we receive varies by the Application and by the privacy settings you choose for the SNS and may include Personal Information, including, without limitation, the following:
(i) your first and last name;
(ii) your profile picture or its URL;
(iii) your user ID number; which is linked to publicly available information such as name and profile photo;
(iv) the user ID numbers for your friends that are also connected to our Application(s);
(v) login e-mail you provided to the SNS when you registered;
(vi) your physical location and that of your access device(s);
(vii) your password; and
(viii) your gender.
Information Collected by Automated Technologies
When you interact with our Sites, we collect information, including Personal Information, through automated technologies including cookies, tracking technologies and log files. For more information about cookies and technologies we use, why, and how you can control them please see our Cookies Notice.
B. Use and Disclosure of Personal Information
Unless otherwise permitted or required by law, or with your additional consent, we will use and disclose your Personal Information solely for the purposes set out in this Privacy Notice.
3. How We Use Your Personal Information
We use your Personal Information for any one or more of the following purposes:
(a) to allow you to register with us to create an account or profile within our Sites;
(b) to operate, maintain and improve our Sites;
(c) to conduct market research analyses;
(d) to communicate with you concerning your account or, with your explicit consent or as permitted by law, to send you announcements, newsletters, promotional materials and other information about our Sites or offerings of our business partners, and to offer you opportunities to participate in surveys, campaigns, contests and sweepstakes;
(e) to prevent or investigate actual or suspected fraud, hacking, infringement, or other misconduct involving our Sites;
(f) to respond to customer service and technical support inquiries, troubleshoot problems, investigate incidents, and handle complaints;
(g) to provide services to you and our customers;
(h) to complete payment and billing transactions;
(i) to comply with applicable laws, regulations, legal processes or enforceable government requests;
(j) to send notices, and to enforce applicable terms and conditions set forth in such policies;
(k) to enable user-to-user communications and other in-service communications and interaction;
(l) to enable us to deliver information to SNS when you use or access our Site through such SNS; and
(m) to protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
The Company processes Personal Information on our servers in the United States of America, Japan and in other countries. In some cases, we may process Personal Information outside of your country. For more information please see our section titled ‘ International Data Transfers’.
4. How We share Your Personal Information
Third Party Service Providers. We may disclose your Personal Information to third party service vendors and partners in connection with our provision of our Sites. Such third party service vendors and partners may be located in countries other than your country of residence and provide such services as payment processing, data analysis, e-mail delivery, hosting, order fulfillment, infrastructure and network storage, customer service, technical support, auditing, content licensing and promotional services.
Advertising of Third Party Products and Services. We may share (i) Aggregated Information; (ii) Anonymous Information; and (iii) certain technical information with third party advertisers for their direct marketing purposes, including, without limitation, to develop and deliver targeted advertising in our Sites and on the websites of third parties.
Affiliates. We may disclose Personal Information to our “Affiliates” (which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership located in the United States, Japan or Europe for the purpose of transferring and processing such Personal Information based on our instructions and such purposes as described in this Privacy Notice.
Ownership Change. In the event Company combines with another company in the future through a corporate merger, sale, acquisition, liquidation or other similar process, your Personal Information may be transferred with the business or a part of it, or may be sold as an asset of the business, to the successor organization in such transaction. If material changes to the Company’s privacy practices will occur as a result of such transaction, you will be notified via prominent notice on our Sites of any change in ownership or uses of your Personal Information, as well as choices you may have regarding your Personal Information.
Termination of License Arrangements. Upon the expiration or a termination of any third party license arrangements involving one or more parts of our Sites or services, your Personal Information may be transferred to the subject third party licensor in accordance with the terms of the applicable license agreement. In advance of such transfer to a third party licensor, the Company will notify you and other users in writing in the manner described in this Privacy Notice.
Security. Your Personal Information, and communications you make within our Sites, may be accessed and disclosed if we believe that our Sites are being used in the commission of a crime, when we believe in good faith that there is an emergency that poses a threat to the safety of you or another person and when necessary either to protect our rights or property including to enforce our Terms of Service, or for us to render the service you have requested.
Legally Required Disclosures. We may also disclose Personal Information when required by law, regulation or regulatory body, to a government agency or on receipt of a court order, or in response to a subpoena or litigation discovery request, or in the good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on us. In addition, we will make any legally required disclosures to government authorities.
Consent. We may also disclose Personal Information to another person with your consent.
C. Storage of Information and Security
We employ appropriate technical and organizational measures to protect the security of information we collect from you. Such information is housed in secure databases, equipment and servers located in the United States, Japan and United Kingdom. The databases, equipment and servers we utilize may be owned by third party providers. To prevent unauthorized access, loss, or misuse, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we maintain. We use industry-standard technology, such as firewalls, to protect the confidentiality of your Personal Information. Moreover, in addition to password protection offered in connection with your account, we encrypt your transmission of sensitive information to us via SSL (secured socket layer) protocol in the interest of heightened privacy protection and information integrity.
Although we take reasonable precautions against possible security breaches of our Sites, databases, equipment or servers, and records, we cannot guarantee that unauthorized access, hacking, data loss, or other security breaches and factors beyond our control will never take place and result in disclosure of your Personal Information. We strongly urge you to take reasonable measures at all times (online and offline) to protect your Personal Information.
In addition, while we strive to protect your Personal Information, you should know that information sent over the Internet, whether by e-mail or by using one of our on-line forms, is not necessarily secure against interception. Therefore, we cannot be responsible for such interception and cannot guarantee the security of such information.
We will investigate, attempt to resolve and take all reasonable steps necessary to ensure that your Personal Information and data is treated securely and in accordance with this Privacy Notice.
D. Your Privacy Rights
1. Marketing Opt-Out Provision
In addition to withholding your consent when requested and opting out, and subject to legal and contractual restrictions, you may withdraw your consent to allowing us to use and disclose your Personal Information for the purposes listed below at any time. You may do so by emailing us at email@example.com and including your user ID or registered email address so that we can confirm your identity. We will use our commercially reasonable efforts to comply with your request. Please understand that withdrawing your consent may affect your ability to use certain features of our Sites.
(a) Receiving Marketing Communications from the Company. Receiving commercial electronic messages, including, without limitation, text and email messages, direct social media messages, announcements, newsletters and promotional materials or offers to participate in surveys, campaigns, contests or sweepstakes.
(b) Disclosing Personal Information to Affiliates. Our disclosure of your Personal Information to our Affiliates for marketing purposes.
(c) Disclosing Personal Information to Third Party Service Providers. Our disclosure of your Personal Information to authorized third party service providers for marketing purposes.
2. Your Rights
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Generally, you may review, update, correct or delete your Personal Information collected by or through our Sites by logging into your account. You may also be able to request information directly in accordance with your privacy rights.
Your California and Canadian Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, customers, prospective customers, and visitors of our Service who are residents of the State of California have the right to request certain information regarding its disclosure of Personal Information to third parties for direct marketing purposes. Canadian federal and provincial laws provide a similar right of access. If you are a resident of California or Canada and wish to request such information, please email us at firstname.lastname@example.org with “California/Canada Privacy Rights” in the subject line.
Your EEA Privacy Rights
If you are a visitor from the EEA, you have the following data protection rights:
- If you wish to access, correct, update or request deletion of your Personal Information, and you are not able to do so through logging onto your account, you can contact us using the contact details provided under the “Contact” heading below https://hulftinc.com/contact/.
- In addition, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact” heading below https://hulftinc.com/contact/.
- Similarly, if we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
E. Additional Privacy Matters
1. Notification of Changes
We reserve the right to update and change the terms of this Privacy Notice at any time. If we decide to update and materially change the terms of our Privacy Notice, we will post those changes or on the applicable Sites, and in the updated Privacy Notice.
2. Links to Third Party Websites, Services and Offers
Our Sites may contain links to other websites, services and/or offers from third parties. We are not responsible for, nor will we be liable to you or any third party for, your interaction with such third parties or the information requests initiated by such third parties or the subsequent use, treatment or dissemination of the information (including any Personal Information) you voluntarily chose to provide to them. You should review the applicable privacy policies and information practices of such third parties carefully before providing Personal Information to them. Moreover, if you have any questions or concerns, you should contact the third party directly.
3. Protection of Children’s Privacy
Company is committed to providing special protection for the privacy of children who may use our Sites. Our Sites are not intended for nor directed to children under the age of 13 and we do not knowingly collect, use or retain Personal Information from such children. If we discover that we have inadvertently collected Personal Information from children under the age of 13, we will take all reasonable measures to delete any records of such Personal Information that come to our attention.
4. Special Note to Parents
If you become aware that your child has provided us with Personal Information, please notify us so that we may delete such information from our records and discontinue any related features or services (see Opt-Out Provision above). We also urge parents to instruct their children never to give out their real names, addresses or phone numbers without parental permission when using the Internet. We appreciate your cooperation in assisting us to provide a safe and enjoyable online experience for your children.
5. Users Outside United States
International Data Transfers
The Company is a U.S. company and Company’s U.S. business operations are primarily conducted in the State of California, U.S.A. We operate our company and administer this Privacy Notice under applicable U.S. and California laws and regulations. If you use our Sites from outside United States, your Personal Information will be transferred to, stored in and be processed in the United States, Japan and/or in other countries by the Company and/or its Affiliates in the manner described in this Privacy Notice. Please note that privacy laws of the United States and the State of California may differ from the laws in the country where you are located and may not provide you the same rights or protections for your Personal Information as those laws. However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Notice. These safeguards include implementing the European Commission’s Standard Contractual Clauses for transfers of Personal Information with our third party service providers and customers, which require all parties to protect personal information they process from the EEA in accordance with European data protection law. Further details can be provided upon request.
Legal Basis for Processing Personal Information (for visitors or users from the EEA)
If you are a visitor from the EEA, our legal basis for collecting and using the Personal Information described in this Privacy Notice will depend on the Personal Information concerned and the specific context in which we collect it.
We will normally collect Personal Information from you only (i) where we need the Personal Information to perform a contract with you, (ii) where the processing is in our legitimate interests, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect Personal Information from you.
If we collect and use your Personal Information in reliance on our legitimate interest or those of a third party, this interest will normally be to operate the Sites, communicating with you as necessary to provide our services, improving our platform or for the purposes of detecting or preventing illegal activities.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Us” heading below.
6. Information Retention and Deletion
We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
The controlling language of this Privacy Notice is English. If you have received a translation into any other language, it has been provided for your convenience only. The English version of this Privacy Notice shall govern to the extent of any inconsistency between the English version and any translated version.
8. Do Not Track. We do not respond to DNT (Do Not Track) signals.
9. Contact Us
If you have any questions, inquiries, requests, complaints, or comments regarding this Privacy Notice, or have other questions or suggestions about our information practices, including our practices respecting the storage and processing of Personal Information please contact our Chief Privacy Officer via e-mail at Policy@Hulftinc.com.
Copyright © 2018 HULFT, Inc. All rights reserved.
Last updated: 6/20/2018
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner (in this case, HULFT) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.
The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below
|Types of cookie||Who serves these cookies||How to refuse|
|Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.|
HULFT Inc. www.hulftinc.com
|Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them.|
|Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.|
HULFT Inc. www.hulftinc.com
|To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”|
Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective are marketing campaigns are, or to help us customise our Websites for you.
HULFT Inc www.hulftinc.com
Google analytics www.google.com
|To refuse these cookies, please follow the instructions below under the heading “How can I control cookies?”|
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). Web beacons are small pieces of data that are embedded in images on the pages of websites to analyse the traffic patterns, such as the frequency users visit various areas of our Services. Pixel tags may allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. These methods may involve collecting information directly from you or through another entity authorized by us to collect information on our behalf. We also use these methods in HTML emails that we send our guests to determine whether the recipients have opened those emails or clicked on links in those emails. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Do you use Flash cookies or Local Shared Objects?
Our Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.
If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.
Like most internet services, we may also use log files on the server side to collect information from you. Your information held in log files includes your computer’s or mobile device’s IP (Internet Protocol) address, browser type, browser language, email application, Internet service provider, referring/exit web pages, computer platform type, date/time stamp and user activity.
The software enabling our Services has associated log and temporary files that are stored on our servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to use our Services. Your information may also be collected in connection with regularly performed server backups.
Click Through URLs
Some of our Services, including email messages, use “click-through URLs” linked to other content on our Services. We track this click-through data to help us determine interest in topics and use of the Services.
How can I control cookies?
You have the right to decide whether to accept or reject cookies.
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
How often will you update this Cookie Notice?
We may update this Cookie Notice from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. If we update and materially change the terms, we make reasonable efforts to inform you.
The date at the top of this Cookie Notice indicates when it was last updated.
Where can I get further information?
Website Terms of Service
TERMS OF SERVICE
(Effective Date: June 1, 2018)
HULFT, Inc. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to the use of our website, https://hulftinc.com/ (the “Website”). Your use of the Websites is subject at all times to these TOS. Your personal data will be processed in accordance with the Company’s Privacy Notice (the “Privacy Notice”). Any inconsistencies between this TOS and the Privacy Notice shall be resolved by the Company in its sole and absolute discretion.
EACH TIME YOU ACCESS OR USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND THEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT ACCESS OR USE THE WEBSITE. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, AS THEY MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. YOU SHOULD PRINT A COPY OF OUR TOS FOR FUTURE REFERENCE.
In some instances, both these TOS and separate licenses, terms of service, rules, policies or guidelines set forth additional conditions that may apply to products or serviced offered by the Company (“Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.
(a) License Grant. Subject to the terms and conditions of these TOS, and any Additional Terms (which are hereby incorporated by this reference), and in accordance with the Privacy Notice, the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to use the Website. The Company may terminate this license without notice in the event you fail to comply with these TOS or any Additional Terms. Upon termination of the license, you must immediately cease accessing and using the Website.
(b) Limitations. Except as may be expressly authorized by these Terms or any Additional Terms, the license granted to you is subject to the following limitations. You shall not or permit any other person to:
(i) in whole or in part modify or create any derivative work of the Company Materials (defined below);
(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends in any Company Materials;
(iii) sell, grant a security interest in or transfer reproductions of any Company Materials to other parties in any way not expressly authorized herein;
(iv) assign, rent, lease, distribute or license any Company Materials to others; and
(v) exploit the Company Materials, or any of its parts for any commercial purpose.
Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.
2. IP OWNERSHIP
(a) Website. The Company and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Website (including past, present and future versions), including, without limitation graphics; layout; text; images; audio and/or video; designs; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel” of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials or content made available in through the Website; (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
(b) Trademark Notice. All words and logos in a Website marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in a Website are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.
(c) No Additional Rights. Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
(a) Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Website. You are responsible for periodically checking the Website for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you agree that your sole remedy is to cease using the Website. Your continued access and use of the Website constitutes your agreement to be bound by the modified TOS.
(b) Changes. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Website (or any portion thereof) whether temporarily or permanently, in whole or in part, for valid commercial reasons and/or as required by applicable law. Changes may also include eliminating or discontinuing any content on or feature of the Website, restricting the hours of availability or limiting the amount of use permitted. Any such Change shall be effective immediately upon notice by posting on the Website or these TOS, or by any other method of notice the Company deems appropriate. We shall not be required to provide compensation to you for any Changes. Any access or use of the Website after such notice of Change, constitutes acceptance by you of such Change.
(c) Interruptions, Errors and Availability. Temporary interruptions in the availability of the Website may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, interruption or discontinuation of the Website, and termination of any license. The Website may include inaccuracies, errors, materials that violate this TOS or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location. Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Website.
4. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK. EXCEPT AS OTHER EXPRESSLY SET FORTH IN THESE TOS OR ANY ADDITIONAL TERMS, THE WEBSITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. MOREOVER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR ANY CONTENT THEREIN (INCLUDING SOFTWARE) WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT BY THE COMPANY OR ITS AFFILIATES, USERS OR VISITORS, WHETHER MADE WITHIN THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR ACCESS AND USE OF THE WEBSITE (INCLUDING ALL CONTENT MADE AVAILABILITY WITHIN IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER ANY DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU EXCEED IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE WEBSITE EXCEED US$100. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE WEBSITE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR USERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
For the convenience of our user, the Website may provide certain links to services and websites provided by third parties. The Company is not responsible for the content of any other services or websites linked to or from the Website. If you follow any such links, you leave the Website and you do so entirely at your own risk. The Company provides links from the Website solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SERVICE OR WEBSITE.
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, arising from: (a) your breach of these TOS, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Website in breach of these TOS, the Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party, or (d) any interaction you may have with other users of the Website, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall provide all reasonable assistance and cooperation to the Company in respect of such matter. The obligations set forth herein shall survive termination of these TOS.
8. GOVERNING LAW
This Website is made accessible, operated and controlled by the Company in the State of California in the United States. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your access and use of the Website. By accessing and using the Website, you submit and consent to the exclusive jurisdiction of state and federal courts located in Santa Clara County, the State of California with respect to any dispute or cause of action arising out of or in connection with these TOS, the Privacy Notice, the Additional Terms and/or your access and use of the Website.
9. INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief in the event of any breach or anticipatory breach by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
10. VOID WHERE PROHIBITED
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material on the Website is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.
We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Website is void where prohibited.
11. COMPLAINTS, NOTICE AND CONTACT INFORMATION
The Company takes claims of infringement of intellectual property rights and violation of rights, including rights of privacy or publicity very seriously. If you believe that any of the material that is or was in the Website infringes or has infringed any intellectual property rights, owned by you, or by an owner for which you are authorized to act, please contact us at Policy@hulft.com.
12. PRIVACY NOTICE
The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Notice sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Notice, your sole remedy is to cease accessing and using the Website. In certain circumstances users from the European Economic Area may object to their data being processed as detailed in the Privacy Notice.
In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Website or these TOS, or such other method of notice the Company deems appropriate. Where Company decides to give such notice, any access or use of the Website after delivery of such notice constitutes acceptance by you of the noticed action.
If any provision of these TOS, the Privacy Notice and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these TOS, the Privacy Notice and/or Additional Terms and shall not affect the validity and enforceability of any remaining provisions of the TOS will remain in full force and effect. The TOS and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these TOS it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these TOS. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of party to assert any right under these TOS shall not be considered a waiver of that party’s right will remain in full force and effect. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not allowed to assign the TOS or any rights hereunder. The Company is allowed at its sole discretion to assign the TOS or any rights hereunder to any third party, without giving prior notice to you.
The parties hereto confirm their express wish that these TOS as well as all other documents related to them, including notices, be drawn up in the English language only and declare themselves satisfied therewith.
* * *
If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Website, please contact us via e-mail at Policy@hulft.com.
© 2018 HULFT, Inc. All rights reserved.
Cloud Services Terms of Service
Cloud Services Terms of Service
Article 2. Contents of the Services
- 2.1 The contents of the Services are as set forth in the Service Specifications.
- 2.2 The charges for the Services that the customer pays to the Company is as set forth in the quote provided by the Company to the customer.
Article 3. Use of the Services
- 3.1 An agreement to use the Services (“Subscription Agreement”) is formed when the Company accepts the customer’s application for use of the Services submitted pursuant to the method prescribed by the Company. When the customer applies for the use of the Services, the customer shall at the same time submit an application to commence the use of the Technical Support (defined in Article 23) in a method separately designated by the Company.
- 3.2 When the customer applies for the use of the Services, the customer shall make the following representations and warranties:
- (1) that all information that the customer provided to the Company for use of the Services is accurate and reflects the current status thereof;
- 3.3 After the formation of the Subscription Agreement, the Company will send to the customer’s registered e-mail address a user’s guide informing the customer of the customer’s ID and the URL for the service site (“User’s Guide”).
- 3.6 The customer shall use the Services at the customer’s own responsibility and shall be liable for the customer’s acts taken using the Services (including the customer’s own acts and acts of the customer’s employees, subcontractors, and agents, etc.) and their results, and shall hold the Company harmless from any claim, detriment, charge, or damage.
Article 4. User ID, etc.
- 4.1 The Company shall issue an ID to the customer in providing the Services (“User ID”).
- 4.2 The customer shall log in to use the Services using the customer’s User ID and password.
- 4.3 Unless separately prescribed by the Company, the customer may not allow a third party to use the customer’s User ID or password nor may the customer sell, transfer, loan, or otherwise dispose of the customer’s User ID or password.
- 4.4 The customer shall be responsible for managing and using the customer’s User ID and password, and the Company shall assume no liability whatsoever for the customer’s misuse, mismanagement or unauthorized use of the customer’s User ID or password by third parties.
Article 5. Subcontracting
The Company may at its discretion subcontract all or part of the operations necessary for providing the customer with the Services and the Technical Support (defined in Article 23).
Article 6. Amendment of these Terms and Conditions
Article 7. Notice of Change
- 7.1 The customer shall promptly give notice to the Company if there is any change in any of the information submitted to the Company at the time of the customer’s application for the Services.
- 7.2 The Company assumes no liability whatsoever for any detriment suffered by the customer due to the customer’s failure to give notice required under the preceding paragraph.
Article 8. Handling of Personal Information and Privacy
- 8.2 The customer shall agree that the Company may use the management records and history regarding uploading of the Data (defined in Article 9.3) (“Management Records”) to the extent necessary for providing the Services.
- 8.3 The customer shall agree that the Company may send to the customer by e-mail the Company’s or third parties’ advertisements for goods and services.
Article 9. The Customer’s Responsibilities
- 9.1 The customer shall process and resolve at the customer’s own responsibility and cost any damage suffered by a third party or any claim or other demand made by a third party due to an event attributable to the customer in using the Services. The customer shall also process and resolve at the customer’s own responsibility and cost any damage suffered by the customer or any claim or other demand the customer makes against a third party in using the Services.
- 9.2 The customer shall, at the customer’s own responsibility and cost, take any security 4 measures to prevent computer virus infections and to prevent any unauthorized access or divulging of information, as is reasonably appropriate for the customer’s situation in which the customer uses the Services. Unless due to the Company’s intentional act or gross negligence, the Company assumes no liability whatsoever for any damage suffered by the customer due to unauthorized access or divulging of information.
- 9.3 The customer is responsible for the contents of the texts, images, programs, and any other information uploaded by using the Services (“Data”), and the Company makes no warranty regarding the contents of the Data, and assumes no liability whatsoever for any damage arising from the Data. 9.4 The customer shall save a copy of the Data at the customer’s responsibility, and the Company assumes no liability whatsoever for storing, saving, or backing up a copy of the Data.
- 9.5 The customer shall indemnify the Company for any damage caused by the customer in using the Services.
- 9.6 The customer shall, at the customer’s responsibility and cost, resolve any dispute such as complaints, objections, or claims for damages made by third parties against the Company arising from the customer’s use of the Services or the contents of data, etc., and the Company assumes no liability whatsoever for such disputes. The customer shall indemnify the Company for any damage suffered by the Company in such dispute.
- 9.7 If the customer uses the Services outside of the U.S., the customer shall bear any applicable tax imposed on the use of the Services in such countries where the customer uses the Services.
Article 10. Prohibited Acts
- 10.1 In using the Services, the customer shall not engage in any of the following:
- (1) an act that will or is likely to infringe upon copyrights, trademark rights, or other intellectual property rights, or other rights of the Company or third parties;
- (2) an act of illegitimately rewriting or deleting the information stored in the Company’s facilities, or falsifying the information available regarding the Services;
- (3) an act that is likely to hinder the Company’s operation of the Services;
- (4) an act of using or having a third party use the Services for the purposes other than to perform the customer’s company’s internal business;
- (5) an act of providing the Services to third parties as performance of the customer’s services that the customer has been entrusted by such third parties;
- (6) an act in violation of laws and regulations or public order and morals;
- (7) an act of discrimination, mental abuse, or defamation against the Company or third 5 parties;
- (8) an act of invading third parties’ privacy;
- (9) a criminal act, an act related to a criminal act, or an act of inducing or soliciting participation in criminal acts;
- (10) an act of transmitting or posting pornographic, nude, obscene, or violent images, expressions, or indications, or other images, expressions or indications that would make the general public feel offended; an act of transferring or uploading expressions or indications that fall under child pornography or child abuse;
- (11) a harmful or fraudulent act, including those detrimental to others, the Company’s business, or the Company’s reputation, such as marketing or dissemination of fraudulent products, services, schemes, or promotions (including get-rich-quick schemes, pyramid schemes, multilevel marketing, phishing, or pharming), or involvement in other fraudulent activities;
- (12) an act of spoofing and using the Services as a third party;
- (13) an act of using the User ID in an unauthorized manner;
- (14) an act of uploading computer viruses and other harmful computer programs, etc.;
- (15) an act that will or is likely to hinder the use or operation of a third parties’ facilities or facilities for the Services;
- (16) an act of using the Services in a manner that would breach the security of networks, computers, communication systems, etc., including unauthorized access and interception;
- (17) an act of using the networks in an unauthorized manner, such as evading the system restrictions;
- (18) an act of exchanging military information; or
- (19) other acts that the Company deems inappropriate.
- 10.2 The customer shall immediately give notice to the Company if the customer becomes aware that any of the acts listed in the preceding paragraph has occurred or is reasonably likely to occur.
Article 11. Use Period and Charges
- 11.1 The customer shall pay the charges for the Services listed in the Service Price List and any consumption tax, etc. for the period designated in the customer’s application for the Services (“Use Period”). The Company may increase the charges or add a new charge or rate, etc. by giving the customer notice at least thirty (30) days prior to such change.
- 11.2 If the customer exceeds the upper limit for the communication volume per calendar month listed in the Service Price List (“Upper Limit for Communication Volume”) in the use of the 6 Services, the Company may claim the excess charge as described in the Service Specification (“Excess Charge”) and any consumption tax, etc. to the customer upon notifying the customer of such Excess Charge.
- 11.3 During the Use Period, the customer will be required to pay the charge and consumption tax, etc. for the Services for the Use Period regardless of whether the Services were unavailable due to suspension of the Services as prescribed in Article 13.
- 11.4 If the customer falls behind in payments for the charges and/or any consumption tax, etc. prescribed in
- 11.1, the customer will be required to pay 14.6% per annum of the payment amount on a per diem basis in addition to the original payment amount.
- 11.5 The customer shall not demand a refund of payments already paid; provided, however, that this provision shall not apply to the refund set forth in Article 16.2.
- 11.6 If the consumption tax rate changes during the Use Period, the customer will be required to adjust the amount of the consumption tax in the monthly amount of the charges already paid pursuant to 11.1 (from the month when the rate change applies until the last month of the Use Period) in the manner prescribed by the Company.
Article 12. Continued Use of the Services after Expiration of the Use Period
- 12.1 The Subscription Agreement will expire on the expiration day, unless the customer submits an application for continued use of the Services to the Company thirty (30) days prior to the expiration of the Use Period.
- 12.2 If the customer’s Use Period expires while the Services are suspended pursuant to Article 13.1 (1), the customer may not file a new application for use of the Services, unless the customer pays the charges and any consumption tax, etc. that accrued during the Use Period.
- 12.3 If the customer’s Use Period expires while the Services are suspended pursuant to Article 13.1(2), the customer may not file a new application for use of the Services, unless the customer pays the Excess Charge and any consumption tax, etc. that accrued during the Use Period.
Article 13. Suspension of the Services
The Company may, without giving the customer any advance notice, suspend all or part of the Services if:
- (1) the customer fails to pay the charges for the use of the Services by the end of the month following the month in which the customer begins such use;
- (2) the customer fails to pay the Excess Charge by the end of the month following the month in which the customer exceeds the Upper Limit for Communication Volume;
- (3) a regular or emergency inspection or maintenance is conducted on the computer 7 systems used for the Services;
- (4) the system is overloaded;
- (5) it becomes necessary to assure the customer’s security;
- (6) the computers, communication lines, etc. are disrupted due to accidents;
- (7) it becomes impossible to operate the Services due to fire, power outage, natural disaster, or other force majeure events;
- (8) there is trouble within the external connection services, the external connection services are ceased or suspended, or if the connection with the Services is suspended, or the specifications of the external connection services are changed, or there is a similar event with respect to the external connection services;
- (9) the customer is in breach of Article 10; or
- (10) The Company reasonably determines that it is necessary to suspend the Services.
Article 14. Early Termination of the Subscription Agreement
- 14.1 The customer may terminate the Subscription Agreement by giving the Company a notice in a method prescribed by the Company no later than thirty (30) days prior to the desired termination date. Provided, however, if the customer does not mention the desired termination date or if there is less than thirty (30) days between the receipt of the notice of termination and the desired termination date, the termination date shall then be deemed to be thirty (30) days after the date on which the notice of termination is received by the Company.
- 14.2 The customer shall immediately pay any outstanding charges for the Services, consumption taxes, etc. and any applicable delay charges as of the time when the notice prescribed in the preceding paragraph has reached the Company.
Article 15. Termination of the Subscription Agreement
- 15.1 The Company may terminate the Subscription Agreement without providing the customer with any notice if any of the following becomes applicable. The Company assumes no liability whatsoever for any damage suffered by the customer due to such termination.
- (1) There is a material non-performance or breach of the Subscription Agreement on the customer’s part, and such non-performance or breach is not rectified within thirty (30) days from the date when a notice of demand to rectify such non-performance or breach has reached the customer;
- (2) The customer is in breach of the prohibited acts in Article 10;
- (3) There is trouble within the external connection services, the external connection services are ceased, suspended or discontinued, the connection with the Services is 8 suspended or discontinued, or if the specifications of the external connection services are changed, or there is any other similar event in the external connection services;
- (4) There is a likelihood that the Company will experience a serious economic or technical burden or suffer a security risk by providing the Services;
- (5) It becomes necessary to comply with the requirement of laws and regulations or governmental authorities;
- (6) The Company deems that the Company’s provision of the Services will be illegal; or
- (7) Other events arise such that the Company reasonably deems that it is necessary to terminate the Subscription Agreement.
- 15.2 The customer may terminate the Subscription Agreement if there is a material nonperformance or breach of the Subscription Agreement on the Company’s part and such nonperformance or breach is not rectified within thirty (30) days from the date when a notice of demand to rectify such non-performance or breach has reached the Company.
Article 16. Discontinuance of the Services
- 16.1 The Company may discontinue all or part of the Services if any of the following becomes applicable, and may terminate all or part of the Subscription Agreement as of the date of discontinuance:
- (1) The Company gave a notice to the customer no later than one (1) year prior to the date of discontinuance; or
- (2) It becomes impossible to provide the Services due to fire, power outage, natural disaster, or other force majeure events.
- 16.2 If all or part of the Services are to be discontinued pursuant to the preceding paragraph, the Company shall refund to the customer a per diem amount of the already paid service charges, etc. for the discontinued part of the Services, corresponding to the number of days on which all or part of the Services are not provided.
Article 17. After the Termination of the Subscription Agreement
- 17.1 Upon termination of the Subscription Agreement, the customer shall immediately return to the Company any devices, software, and any related materials, etc. (including any copies of all or part of such software and related materials; hereafter referred to as the “Software and Related Materials, etc.”) loaned by the Company in using the Services, and shall at the customer’s responsibility delete the Software and Related Materials, etc. stored in the customer’s facilities.
- 17.2 Upon termination of the Subscription Agreement, the customer shall lose the customer’s right to access the customer’s data stored within the Company’s facilities under the Services. 9 Upon termination of the Subscription Agreement, the Company may, without any advance notice, delete the customer’s data stored in the Company’s facilities under the Services, and the Company is under no obligation to allow the customer to use such data. 17.3 Articles 9.1, 9.3, 9.4, 9.5, Article 17, Article 18, Articles 20 through 22, and Articles 26 through 28 survive the termination of the Subscription Agreement.
Article 18. Ownership of Rights
- 18.2 The customer represents and warrants to the Company that:
- (1) The customer has the intellectual property rights and any other rights in and to the Data, or the customer has a license from the owner of such rights;
- (2) the Data does not promote or facilitate any illegal activities;
- (3) the Data is not detrimental to others, the Company’s business, or the Company’s reputation, including not being connected to marketing or dissemination of fraudulent products, services, schemes, or promotions (including get-rich-quick schemes, pyramid schemes, multilevel marketing, phishing, or pharming), or involvement in other fraudulent activities;
- (4) the Data does not infringe upon any rights of third parties;
- (5) the Data does not contain any images, expressions or indications that are pornographic, nude, obscene, or violent, or other images, expressions or indications that would make the general public feel offended, and does not contain any expressions or indications that fall under child pornography or child abuse;
- (6) the Data does not contain harmful content such as computer viruses;
- (7) the Data does not induce or solicit criminal acts, acts related to a criminal act, or participation into criminal acts; and
- (8) the Data is not related to military information.
- 18.3 The customer shall assume any and all liabilities and costs for any issue that arises as a result of the customer’s breach of the preceding paragraph, and the Company assumes no liabilities 10 therefor whatsoever.
Article 19. Disclosure of Information
The Company will not provide or disclose the Management Records to third parties except the following:
- (1) The Company obtained the customer’s consent to do so;
- (2) The Company is requested to disclose the information under the laws and regulations; or
- (3) The Company is ordered to do so by a court or an administrative agency.
Article 20. Limitation of Liabilities
- 20.1 The Company makes no warranties whatsoever, whether express or implied, regarding the contents of the Services or provision of the Services, including any legal warranty against defects, non-infringement of third party rights, or warranty of merchantability.
- 20.2 The Company makes no warranties whatsoever including accuracy, usability, completeness, or fitness for a particular purpose of the information the customer obtains through the Services.
- 20.3 The customer shall prepare any hardware and software and other facilities necessary for using the Services, and the customer shall comply with the user’s agreements on use of those facilities. The Company assumes no liability whatsoever for any damage suffered by the customer arising from those facilities, etc.
- 20.4 The Company assumes no liability whatsoever to the customer for any network delay due to disruption or heavy traffic of telephone companies and internet service providers, and data transfer delay, data extraction failure, data uploading/downloading failure, data transfer failure, or data deletion failure, etc. due to defects in the customer’s hardware and software or other facilities.
- 20.5 The Company assumes no liability whatsoever for any damage including leakage and loss of data suffered by the customer or third parties in relation to the provision, delay, change, cancellation, suspension, abolition, etc. of the Services.
- 20.6 The Services are designed to be co-used by the customer and other customers, and the customer shall, at the customer’s discretion and responsibility, maintain and manage any data registered and stored by the customer; and the customer acknowledge that the Company makes no warranty and assumes no liability for damage, loss, or divulging of any such data. 11
Article 21. Compliance with Export Control
- 21.1 The Company does not prevent the customer from using the Services outside the U.S.; provided, however, that the customer shall use the Services outside the U.S. at the customer’s own responsibility and at the customer’s own cost, and the Company assumes no liability whatsoever to the customer or third parties. If the Company suffers any damage due to the customer’s use of the Services outside the U.S., the customer shall indemnify the Company for such damage.
- 21.2 When the customer uses the Services outside the U.S., the customer shall comply with any and all export/import controls and other laws and regulations of Japan and of other countries and areas where the customer uses the Services.
Article 22. Confidentiality
- 22.1 The customer and the Company shall maintain the confidentiality of any technical, operational, and business information of the other party disclosed by the other party for the purpose of performing the Services (excluding the Data; collectively “Confidential Information”), and shall not divulge or disclose it to third parties without prior written approval of the other party, except when any of the following is applicable:
- (1) the Confidential Information is disclosed pursuant to laws and regulations;
- (2) the Confidential Information is disclosed pursuant to an order by a court or an administrative agency;
- (3) the Confidential Information is disclosed in a lawsuit, conciliation, or other legal procedures in pursuit of the rights under the Subscription Agreement; or (4) disclosure to third parties is reasonably necessary in a manner similar to the preceding items.
- 22.2 Any information that can be proven in writing to fall under any of the following shall not be considered Confidential Information:
- (1) information that was already held by the recipient prior to the time of disclosure to the recipient;
- (2) information that was already publicly known or used as of the time of disclosure to the recipient;
- (3) information that became publicly known or used through no fault of the recipient after the disclosure to the recipient;
- (4) information that the recipient lawfully obtained, without a confidentiality obligation, from a third party having a legitimate title; and
- (5) information that was independently developed by the recipient without using the Confidential Information. 12
Article 23. Provision of Technical Support, etc.
- 23.1 The Company will provide the customer with the technical support to facilitate the customer’s use of the Services (“Technical Support”). Technical Support will be continuously provided during the Use Period. The Technical Support is detailed in Service Specifications.
- 23.2 If the customer makes an inquiry to the Company regarding the Technical Support, the Company shall provide the customer with the documents as necessary.
- 23.3 When receiving Technical Support, the customer shall disclose the customer’s or third parties’ technical information as necessary for the Technical Support and shall authorize the Company to use such information for the sole purpose of Technical Support.
- 23.4 The customer shall cooperate, to the utmost extent possible, with any investigation that the Company may request for the purpose of providing Technical Support, including understanding the network status, error messages, and set-up status.
- 23.5 When receiving Technical Support, if it becomes necessary to identify whether the problem(s) are caused by the service and software the Company provides to the customer (“Products”) or products other than the Products (including the OS or cluster software used by the customer; hereinafter referred to as “Non-Company Products”), the customer shall at the customer’s cost and responsibility identify the cause of the problem(s), including making inquiries to the manufacturer of such Non-Company Products.
- 23.6 The customer shall allow the Company’s Technical Support personnel and third parties to whom the Company subcontracted the provision of the Technical Support pursuant to Article 5 (collectively, the “Technical Personnel”) to enter the customer’s offices when necessary for the purpose of providing the Technical Support. On such occasions, the customer shall also allow the Technical Personnel to use the customer’s computer systems and related items at no charge.
- 23.7 When Article 23.6 is applicable, Technical Personnel shall be managed and caused to comply with the rules and regulations of the customer’s offices.
Article 24. Scope of the Technical Support
- 24.1 In providing the Technical Support, the Company makes no warranty that any or all of the issues involving the Services will be corrected, that the Services will properly operate in the customer’s environment, or that the lost Data will be recovered. The customer shall take precautionary measures to prevent the loss of the Data, such as making a backup of the Data at its own responsibility and cost.
- 24.2 The following failures are outside the scope of the Technical Support:
- (1) any failure arising from Non-Company Products;
- (2) any failure that cannot be identified to be arising from the Products or Non-Company Products;
- (3) any failure caused by fire, power outage, natural disaster, and other force majeure events;
- (5) any failure arising from the outside connection services; and
- (6) any failure caused by an event that would not occur under normal usage.
Article 25. No Assignment
The customer may not assign or transfer to a third party, pledge as collateral, or otherwise dispose of the customer’s status under the Subscription Agreement, all or part of the customer’s rights or obligations under the Subscription Agreement without the Company’s written prior consent in writing.
Article 26. Jurisdiction
Article 27. Governing Law
Article 28. Consultation
Article 29. Definition
Article 30. Prevailing Provisions for Use of Evaluation Version
- (3) During the Evaluation Period, the customer shall be responsible for the management of the data registered to the Services, and by the end of the Evaluation Period, the customer shall be responsible for deleting all of the data, unless the customer continues to use the Services after the Evaluation Period. The customer shall consent in advance that the Company will delete the customer’s ID and any remaining registered data upon expiration of the Evaluation Period, unless the customer continues to use the Services.
Article 31. Transfer to Non-Evaluation Version of the Services
Open Source License List
HULFT Inc.’s full privacy statement can be found here.