Terms of Service
The terms of service (hereinafter “Terms of Service”) applies to the various services offered by Easy Communications Inc. (hereinafter “Our Company”) for use and access of features under the name “inap2”. This includes the use of the website, SMS, API, email notice, application, button, widget, advertisement (hereinafter “Service”), and any information that is uploaded, downloaded, or displayed within the Service, such as text, link, graphic, photo, audio, video, and other materials and arranged materials (hereinafter, collectively “Content”). By using the Service, user will be deemed to have accepted and agreed to the Terms of Service.
Separate from the Terms of Service, there may be cases where an agreement will be stipulated with an individual user. In such a case, user shall comply with the individual agreement along with the Terms of Service. If the Terms of Service differs from the individual agreement, the provisions of individual agreement shall prevail.
The Terms of Service are outlined in English, and any translated version of another language is provided for reference purposes only. If there is inconsistency between the English version and another language, the English version shall prevail.
1. Who Can Use the Service
This Service is limited to users who have agreed to enter into a legally binding agreement with Our Company and is not prohibited by applicable jurisdictional laws to receive the Service. Users must be 13 years or older to use the Service. If an individual user is using the Service by accepting the Terms of Service on behalf of an enterprise, organization, government, or corporation, the user must represent and warrant that he/she has the authority to legally accept and agree to the Terms of Service on behalf of their company. In such a case, the company shall be deemed the “user” under the Terms of Service.
3. Service Content
ser will take full responsibility that the Content provided within the Service is in adherence to laws and regulations. User must provide only Content that can be shared publicly.
The accuracy of any Content or information posted or acquired through the Service or use is at the full discretion of the user. Our Company does not endorse, support, represent or warrant the integrity, authenticity, accuracy or reliability of any Content posted through the Service, and nor is it an indication of endorsement for any opinions displayed through the Service. User shall be deemed to have understood that Content under the Service is posted with well-intentioned purpose, and there may be cases where user may find inaccurate or outdated Content, or Content that may be uncomfortable, harmful, inaccurate or inappropriate, or in some cases unjustifiable, misleading or fraudulent. User understands that any content or information is the sole responsibility of the owner of the Content. User understands that Our Company cannot monitor or supervise the Content being posted through the Service and will not be liable for any such Content. Accordingly, any actions taken based on the information acquired through the Service shall be performed under the sole discretion of the user and agrees that it will not seek any liability against Our Company concerning any loss or damage arising from said actions.
Our Company reserves the right to delete Content in violation of the Terms of Service (e.g., infringement of copyright or trademark, identity fraud, inaccurate content, illegal action or harassment). If user finds any inappropriate Content such as inaccurate information, user must immediately report to Our Company through the process described in “Help” page menu (https://pro.inap2.com/help/). Our Company and the user shall cooperate to resolve and enhance the accuracy of the information within the Service. Furthermore, if user finds that user’s Content were being copied through a process subject to copyright infringement, user must report to Our Company through the process described in our “Help” page menu.
4. Content Provided by User Under the Service
Content the user sends, posts or displays in the Service or through the Service (hereinafter “Provided Content”) is divided into the following two (2) categories.
- Content posted to users or parties of the Service for the purpose of attracting customers or recruiting business partners (hereinafter referred to as "Public Content").
Content posted to a specific user or party of the Service (hereinafter referred to as "Private Content").
Unless otherwise specified, Content provided by the user can include a link to their own website or a third-party website for promotional purposes, except in the following cases:
- Use of third-party advertising links, such as affiliates.
- A link that will be redirected to a URL different from the one provided.
- Any acts that may conflict with any prohibited actions described in this agreement or any links with Content that violate the same prohibited actions.
- Violent or sexual Content containing nudity, overtly violent or sexual material, Content containing depictions of violent or sexual activity.
- Any offensive Content, inciting harassment, intimidation, hatred, abuse, or threats.
- False or misleading Content, including false claims, offers or business practices, such as pyramid schemes or chain mails.
- Content including slander or defamation, intentionally false Content, or fraudulent content.
- Content that are harmful to Our Company or other parties' systems and networks, including transmissions that may damage, interfere with, secretly intercept or steal system, programs, data or personal information.
- Content that infringes third party intellectual property rights, including third party copyrights, trademarks, trade names, trade secrets, and patents.
- Content that violates confidentiality.
- Content that breaches third party privacy rights, publicity rights, human rights, or other rights that may be infringed upon.
- Content that promotes the sales of alcoholic beverages, tobacco products and any accessory items related to tobacco, illegal drugs, prescription drugs, or drugs used for pleasure and/or accessory items related to drugs, weapons, ammunition or explosives.
- Content that promotes illegal products, services, activities, or provokes violations of applicable laws, rules, or government policies.
- Content that requires the user or prospective user to give more consent than is required for the proper operation of the application.
User agrees that in the event such links or promotional activities are identified, Our Company will nullify, delete the Content, stop the use of our Services, or delete your user account.
By sending, posting or displaying Public Content in the Service or through the Service, user understands that it has granted worldwide, nonexclusive license to Our Company free of charge (together with the right to grant the use of sublicense) to use, copy, reproduce, dispose, modify, revise, publically announce, send, display and distribute Public Content through means of various media and distribution (by existing internet technologies or technologies to be developed in the future). User understands that with this license, user has granted Our Company and other users the right to view user’s Content from anywhere in the world. On the premise that Our Company adheres to the terms and conditions set forth in our guidelines for use of licensed Content, user agrees that Our Company reserve the right to use the Content in order to continue providing our Service. User also agrees that we reserve the right to promote our site, and to provide other companies, organizations, or individuals the Public Content for distribution, broadcast, promotion, or to publicize, through other forms of media the Public Content posted in our Service or through our Service. With respect to Content posted or submitted through the Service, or publicly available for viewing through other media by the user, Our Company, other companies, organizations or individuals reserve the right to use the Content with no charge.
User hereby represents and warrants that user owns all rights, to license, agree to terms, approve use, and has the power and authority over the Provided Content described under the Terms of Service. User agrees that Content does not include material subject to copyright and other property rights, excluding when the user has the legal authority to post, or to grant posting Content.
5. Use of Service
This Service may change at the sole discretion of Our Company. Our Company may (permanently or temporarily) stop the Service or features in the Service to individual users or all users. Our Company reserves the right to restrict use or restrict the saving of Content at any time. Further, without being liable to user, Our Company may delete Content under the Service, reject distribution, stop or end use by the user, and request return of username.
User agrees by accessing our site and using our Service, Our Company and third-party providers or partners can advertise, or use the content and information displayed to create and deliver advertisements (irrespective of whether the content and information is posted by the user of another person). User agrees not to engage in unjust use of the Service, such as by disrupting Our Company’s Service or accessing the Service through a means other than the interface provided by Our Company. User may not engage in any of the following acts while accessing or using the Service.
- Unauthorized access to, defacement, or use of the Service, computer system of the Service, or undisclosed information of the technical delivery system of the Service provider.
- Searching, scanning or testing the vulnerability of the system or network, violating or evading security or verification process.
- Falsifying TCP/IP packet header or header information through email or post, or any other means fo using the Service to send falsified or fraudulent information, or information source disguised.
- Interfering or attempting to interfere with the access of any users, host or network, or shutting out any users (including, but not limited to, sending virus to the Service, overload, flooding, spamming, mass-mailing, interfering with the Service, or create content with excessive size)
For developers using the functions of the Service, user shall agree to a separate developer agreement and developer policy stipulated by Our Company. If user wishes to reproduce, revise the Service or Content under the Service, or create, distribute, sell, transfer, exhibit publicly, demonstrate publically, or send secondary copyrighted work based on said reproduction and revision, or desires use through other form, user must use the interface provided by our Company and follow the guidelines of operation unless otherwise outlined in this Terms of Service or in the separate developer agreement.
User needs to create an account in order to access certain features in the Service. User is responsible for protecting the safety of their own account. Accordingly, user must use a strong password and must limit the use of this password for this account only. Our Company will not be liable for any loss or damage caused by user’s non-compliance.
If Our Company determines that user corresponds to any of the following when user creates an account, registration may not be approved, or user will be unable to use the username or email address upon registration.
- If the same username is already registered by another user
- If there is potential to infringe intellectual property and other rights of other parties
- If there is potential to make others feel a strong aversion
- If it could be construed as a registration for the purpose of avoiding use limitations or freezing of your account by Our Company
- Other cases in which Our Company deems not to approve the user registration
User can control most communication coming from the Service. There may be times where Our Company will need to send notices to users on information related to the Service. These notices will be deemed as part of the Service and user account, and where user is unable to reject receiving the notices.
User License to Use Service
Our Company grants user with no charge, the personal, worldwide, and nontransferable nonexclusive license for user to use the software program being provided by Our Company as part of the Service. The purpose of this license is for exclusive use of the Service being provided by Our Company in compliance with the Terms of Service, and benefit from using our service.
The Service is protected under copyright, trademark and other laws of the United States and various other countries. Under the Terms of Service user understands that rights have not been granted for use of the name of the Service, tradename, logo, domain name of the Service, and any other rights to materials containing the brand. Any and all rights, authorities, and profits regarding the Service (excluding Content being provided by user) shall continue to remain the exclusive property of Our Company and its licensor. Any feedback, opinion or proposal being made to Our Company or for the Service will be deemed to be statements made entirely by user’s own accord, and Our Company can use the feedback, opinion or proposal without assuming any obligations to user through which Our Company deems appropriate.
End of Terms of Service
Irrespective of reason, or without giving any reasons, at any given time, Our Company may temporarily stop or delete user’s account, or end all or part of providing of the Service for the below reasons.
- User is in violation of the Terms of Service
- User poses a threat for potential risk or legal responsibility to Our Company
- It became necessary to delete user account due to an illegal act
- Deletion of an account became necessary due to user inactivity for an extended period
- When Our Company comes to a reasonable conviction that Our Company providing the Service to user becomes commercially difficult to achieve (or for other reasons).
If under such circumstance, Our Company will send a notice to the email address of the user’s account or will make efforts to notify user when attempting to access the account. In the above cases (or for other reasons), the Terms of Service will end along with the use of the license that allows user to use the Service. However, the provisions of Articles 2, 3, 4, 6, and 7 shall remain applicable. If user believes that their account was terminated by mistake, user can submit a report by following the guidelines described in Our Company’s “Help” page. (https://pro.inap2.com/help/)
Infringement of intellectual property right
If user misleads other parties to believe that user has a partnership with other brands or creates confusion by using other brand and trademark included in user’s business name and logo, Our Company reserves the right to freeze an account, or to carry out any appropriate measures. If any allegation concerning copyright infringement is recognized to be precise and complete, Our Company will comply with said notice.
- All posts containing Content that correspond to realistic description of violence and adult content, grotesque images/videos of the death of humans or animals, serious injury, violence, or surgery will be deemed as realistic descriptions of violence. Furthermore, all images/videos created with the purpose of arousing sexual excitement, including pornography will be deemed as adult Content. With respect to images/videos that include death of identifiable individual, Our Company may request to have the content deleted if requested by a family member or legal agent of the deceased person.
Other prohibited acts
- User is prohibited from using the Service for illegal purposes and promotion of illegal activities. Upon using the Service, user agrees to comply with all applicable laws and regulations regarding online activities and Content.
- User is prohibited from using Content that include information that can identify a specific person, Content that can potentially cause imminent damage or danger to user, or Content that includes confidential information of a business, in the Service by means of hacking. Direct distribution of hacked material includes posting hacked Content to the Service or creating a direct link to such Content.
- If Our Company determines an account that posts hacked material was created by the user himself/herself, or if hacking was performed through an account that posts such Content, Our Company may freeze an account.
- Sending, posting, and showing video Content that include third party advertisement, such as pre-roll advertisement and sponsorship images are prohibited.
6. Limitation of Liability
By using the Service, user will be deemed to have agreed that liability of Our Company, its parent company, related companies, affiliated companies, the executives, directors, employees, agents, representatives, partners and licensors will be limited to the extent permitted at user’s place of residence.
7. General Conditions
All articles in the Service and the Terms of Service, and disputes or objections arising from or connected thereof (including disputes and objections not pertaining to the contract) shall be governed and construed by the laws of Japan, without giving effect to any choice of law or conflict of law rules or provisions of the jurisdictional area. Although user agrees to comply with jurisdiction of court in Japan with respect to the resolution of all disputes arising from or connected to the Terms of Service and/or this Website. User also reserves the right to seek legal action concerning violation of the Terms of Service at user’s country of residence or other related country. User hereby waives all rights to object the exercise of jurisdiction by court and/or court room.
If a party files an allegation against Our Company concerning user’s action, Content, or information regarding the Service, user shall exempt Our Company from any and all damages, losses, and fees (including legal fees) in relation to the allegation. Our Company has set up provisions for the action of users, but Our Company does not supervise or advise on the activities of the user and will not be liable for Content and information that user is posting or sharing under the Service. Our Company will not be liable for Content and information deemed uncomfortable, inappropriate, obscene, or illegal Content within the Service. Our Company will not be liable for online or offline activities of the users under the Service.
Our Company makes effort to maintain safe condition by making sure the Service is operating without any interference. User nonetheless must use the Service at its own responsibility. Our Company will provide the Service under the present conditions, and regardless of whether explicit or implied, Our Company will not provide any guarantees (e.g., marketability, suitability for fulfilling a specific purpose, or implied guarantee regarding non-infringement). Our Company cannot guarantee that the Service will always remain safe and secure without any problems, and that the Service will always operate without disruption, delay, incompletion. The Service will not be liable for third party’s action, Content, information, or data. User shall not hold accountable, Our Company, its directors, executives, employees and agents from various known and unknown allegations and damages arising from and connected to a third party. If in the case we are notified of potential damage of loss of profit, or other form of induced, specific, indirect, or incidental damage arising from, or connected to the Terms of Service or the Service, Our Company will not be liable to user. The total damage compensation amount to be borne by Our Company arising from the Terms of Service or the Service shall not exceed the amount of either 100 USD or the amount that the user paid to Our Company for past three (3) months, which ever amount is larger.
If any of the provisions of the Terms of Service is determined to be invalid or has no legal force, that provision shall either be minimally restricted or become ineffective. Other provisions within the Terms of Service will continue to remain fully effective and fully valid. Even in the case where Our Company does not exercise any of the rights or provisions of the Terms of Service, non-exercise shall not be deemed as the waiver of said rights or provisions.
The Terms of Service is an agreement executed between user and Our Company, a corporation in Japan. Please contact Our Company if you have any questions concerning the Terms of Service.