These terms and conditions (Agreement) apply to and upon your access and/or use of the WIXI, Inc (WIXI, us or we) website at http://wixi.jp or any affiliated website (each such site a Site) and/or use of any of our services available under or through the site (Services). You and your refer to you or the person/entity on whose behalf you are acting.
1. AGENTS. If you are acting as an agent of another, you are representing that you have the authority to bind your principal to all terms and conditions in this Agreement. A breach of this Agreement by your principal or licensee will be considered a breach by you. If you are acting through an agent, you are agreeing that, if your agent (e.g., employee, legal counsel, investigator, etc.) used our Service(s) on your behalf, you are bound as a principal by all in this Agreement. Your continued use of our services will ratify any unauthorized actions of your agent. You are responsible for any errors made by your agent and a breach of this Agreement by your agent will be considered a breach by you.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT USE OR ACCESS OUR SITE/SERVICES.
Upon opening an account you will be provided with a user name and password. It is your responsibility to protect this information and prevent unauthorized use of your account. You will be responsible for all activities undertaken using the Site and/or Services, including those undertaken by others using your user name and password.
2. LANGUAGE. The English version shall control as to any conflicts amongst any various language translations that may be provided.
3. ELIGIBLE USERS. You may not use our Site or Services if: (a) you are not at least 20 years old, (b) you lack legal capacity to enter into legally binding contracts, or (c) use of the Site or Services is prohibited by law in the country where you are located. WIXI reserves the right to limit or refuse access to the Site or any Service.
4. ACCEPTABLE USE OF THE SITE AND OUR SERVICES. You may not use the Site or any Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., cracks, hacks, or other programs written to defeat the security measures of any computer, system or program(s)); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause WIXI to violate any law, statute or regulation; (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Site users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. WIXI does not condone or allow spam. You may not use the Site or our Services to advertise, promote, market or solicit offers to acquire goods/services that compete with our Services or Site. WIXI will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Agreement or any incorporated terms and conditions, and by using the Site or our Services you hereby consent to the disclosure of your information in such cases.
5. PRIVACY AND CONFIDENTIALITY. We make every effort to respect privacy rights. Solely to enable WIXI and its affiliates to use your information without violating any rights you might have therein, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. WIXI reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from a Site, in WIXI’s sole discretion, without notice at any time. Except as expressly permitted, you shall not share any information provided to you by or on behalf of WIXI with any third party.
6. FEES. Access to the Site and many of our Services may be without charge but that will not alter the binding effect of this Agreement. Fee-based Services are provided at rates periodically published on the Site. Unless otherwise specified in any Other Document, fee modifications are effective and binding as of the date published. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore. Before using any of our chargeable Services, you will be asked to review and accept the fees applicable to that particular Service. Unless otherwise stated, all fees are due in either United States Dollars or Japanese Yen. Fees are non-refundable and due in advance of Services or upon presentation of invoice and must be paid in valid funds without offset or deduction of any nature. You are responsible for all sales, use, value-added and other taxes (Taxes) (other than those assessed solely on the basis of WIXI’s income) which are applicable to you or the Services provided and you agree to accurately and timely report and pay all such taxes, regardless of when assessed.
7. REFUND POLICY. All domain registrations are final and no refunds can be given for domains once they are registered and paid for. Additionally, the actual domain registration itself cannot be cancelled or withdrawn once it is completed, and the actual domain that is registered cannot be edited later. If a mistake is made with the spelling, word registered, or extension registered, the domain cannot be altered to correct for this mistake.
8. TERM AND TERMINATION. You remain bound by this Agreement until and unless this Agreement is properly terminated. WIXI may terminate this Agreement and/or your access to the Site or any Services at any time, with or without cause or notice, and without liability. You may terminate the Agreement provided that you have no outstanding payment or other obligations due to WIXI or any other user regarding any Services provided. Notwithstanding termination of this Agreement by WIXI or you, the provisions of Sections 3, 6, 7, and 9 through 17 shall continue in full force and effect. Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in or through the Site and WIXI is under no obligation to maintain any such data or information.
9. LIABILITY DISCLAIMER AND INDEMNIFICATION. WIXI will not be responsible for any act or omission of you or any third party, including, without limitation, any failure of any person to perform any contractual or other obligations to you, WIXI or any third party and any violation of intellectual or privacy rights.
Although WIXI may periodically monitor the Site, user behavior, intellectual property, or privacy matters, you agree that WIXI has no obligation to do so or to take any action whatsoever, including verification of ownership of, or non-infringement of any intellectual property or privacy right. You agree not to sue WIXI in connection with any domain name ownership dispute or any claim that a domain name violates the intellectual property rights of you or any third party.
WIXI is not responsible for the content or your use of any web site linked to or from the Site or Services (even if such link is provided by WIXI). WIXI does not make any warranty or representation regarding any registered Domain Name, including, without limitation, ownership or revenue or traffic statistics. Information is provided as-is and without representation or warranty of any nature and WIXI may not be held liable for any inaccuracy thereof, even if such information was provided regarding a Domain Name or any other service.
YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK. THE ACCURACY, CONDITION AND AVAILABILITY OF THE SITE AND SERVICES ARE PROVIDED ON AN AS IS BASIS. WIXI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIXI MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WIXI MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, OR ENFORCEABILITY OF ANY CONTRACT PROVIDED FOR USE BETWEEN YOU AND ANY THIRD PARTY.
IN NO EVENT SHALL WIXI, ITS SHAREHOLDERS, AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE). WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY IN THIS SECTION, THE LIABILITY OF WIXI, AND/OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCE TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WIXI AND ANY SHAREHOLDER, PARENT, SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, AGENT, AND EMPLOYEE (EACH AN INDEMNITEE) HARMLESS FROM ANY LOSS, LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY CLAIM), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH (i) ANY ACT OR OMISSION BY YOU, INCLUDING, YOUR USE OF THE SITE OR ANY SERVICES OR YOUR BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENT WITH ANY THIRD PARTY OR WITH WIXI , INCLUDING ONE INCORPORATED BY REFERENCE, (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF WIXI OR ANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANY INDEMNITEE (PROVIDED THAT YOU SHALL NOT BE OBLIGATED TO INDEMNIFY AS TO ACTS OR OMISSIONS BY INDEMNITEES TO THE EXTENT SUCH CLAIM AROSE AS A DIRECT CONSEQUENCE OF AN INTENTIONAL ACT BY SUCH INDEMNITEE).
If WIXI elects to control its defense WIXI may settle or resolve such Claim in its sole discretion and the foregoing indemnification shall still apply. If WIXI elects not to control its defense you will do so. However, you may not settle or resolve any such Claims without our prior express written consent unless the resolution requires a withdrawal or dismissal (with prejudice), or full and final release in our favor of all Claims asserted against us), all without admission of liability, payment obligation, or agreement to refrain from any undertaking, on the part of WIXI or any Indemnitee.
Any claim or cause of action arising out of or related to this Agreement, the Site, or any Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
NO STATEMENTS, ADVICE OR INFORMATION PROVIDED TO YOU BY ANY WIXI EMPLOYEE, DIRECTOR OR REPRESENTATIVE MAY CREATE ANY OTHER WARRANTY OR ALTER THE PROVISIONS OF THIS SECTION.
The provisions in this Section shall apply to the fullest extent permitted by law.
10. INTELLECTUAL PROPERTY. Except materials provided by you and accepted by us (your data), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. Except as to your data, all content, database information, data and services available on, and collected as a whole through this Site, are property of WIXI, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. WIXI is a trademark of WIXI, Inc. Other names, products or services that may be mentioned in the Site may be the trademarks of their respective owners. All rights reserved.
If you believe that the Site or any third party using the Site or Services is infringing or violating your intellectual property rights, you must follow the instructions in our [Infringement Notification Policy].
11. YOUR REPRESENTATIONS AND WARRANTIES. In addition to those stated elsewhere, you represent and warrant to WIXI that: (a) you have all necessary legal, corporate or other power and authority to make, execute, deliver and consummate this Agreement and perform all of your stated obligations; (b) this Agreement is valid and binding upon you; and (c) you will not use the Site or Services in violation of any applicable law, rule, regulation, or agreement with any third party (including any ICANN, JPRS, or JPNIC policy), or in any manner that infringes upon the contractual, intellectual property or privacy rights of any third party.
12. MODIFICATIONS. Although we will generally strive to provide 10 calendar days notice of any amendments, WIXI may amend or replace this or any incorporated terms and conditions at any time without notice. Changes will be posted on the Site and shall automatically be effective on the earlier to occur of (i) 12:01 AMJapan time on the date posted by WIXI, or (ii) upon your accessing the Site and/or use of any Services following the date of posting.. Other than posting amendments on the Site, WIXI shall not be obligated to provide any other form of notice and you should carefully review the Site periodically to alert yourself to any possible changes. Except as noted in this Section above, this Agreement may not be amended or modified except in a writing signed by you and WIXI.
13. CONTACTING EACH OTHER. You accept notices (including service of process) by any of the following means: (i) posting on the Site or within a notification system associated with your account, (ii) to the address, email or fax listed in your account, or (iii) transmission to the address, fax or email address contained in the WHOIS associated with any domain name associated with or listed in your account. Notice to you will be effective immediately upon personal delivery, 24 hours following posting to the Site or transmission by email or fax, and 72 hours following delivery to a governmental postage service or commercial courier (provided we have paid all fees for first-class or next-day service).
You may contact us using the information below. For infringement matters you must follow the instructions in the [Infringement Notification Policy]. Your notice to us is effective only upon our confirmation of our actual receipt.
14. DISPUTES – THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF JAPAN, WITHOUT REGARD TO THE CONFLICTS OF LAW RULES. YOU CONSENT TO THE JURISDICTION OF, AND VENUE IN, COURTS LOCATED IN TOKYO, JAPAN AS TO ANY DISPUTES ARISING OUT OF OR RELATING TO THE SITE OR YOUR USE OF ANY SERVICES.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE BREACH OR ALLEGED BREACH THEREOF WILL BE SOLELY AND FINALLY RESOLVED BY BINDING ARBITRATION IN TOKYO, JAPAN BY A SINGLE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE THEN PREVAILING RULES OF THE COMMERCIAL ARBITRATION RULES OF THE JAPAN COMMERCIAL ARBITRATION ASSOCIATION (THE ASSOCIATION). THE PARTIES WILL AGREE ON ONE (1) ARBITRATOR WITHIN THIRTY (30) DAYS OF RECEIPT OF THE NOTICE OF INTENT TO ARBITRATE. IF NO ARBITRATOR IS APPOINTED WITHIN THE TIME HEREIN PROVIDED OR ANY EXTENSION OF TIME WHICH IS MUTUALLY AGREED UPON IN WRITING, THE ASSOCIATION WILL MAKE SUCH APPOINTMENT WITHIN THIRTY (30) DAYS OF SUCH FAILURE. THE ARBITRATOR SHALL RENDER A DECISION WITHIN FIFTEEN (15) DAYS OF APPOINTMENT; PROVIDED, HOWEVER THAT SUCH TIME PERIOD MAY BE MUTUALLY WAIVED IN WRITING BY THE PARTIES. THE AWARD RENDERED BY THE ARBITRATOR WILL INCLUDE COSTS OF ARBITRATION, REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
15. BREACH. Any failure of performance by you under this agreement may be considered by us to be a material breach of this Agreement. In event of your breach, we may take any action allowed by law, including, without limitation, termination of access or withholding of funds or further service, all without liability to you. We may (but are not required to) give you written notice describing the breach and give you an opportunity to cure or establish to our satisfaction that you have not in fact violated your obligations. Giving such notice is a courtesy and shall not require that we refrain from undertaking any action. You specifically grant to WIXI personnel the right to sign any such documents necessary to fix any of such problems.
16. GENERAL. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. We are independent contractors only and you agree that notwithstanding any other statement in the Site or in any Agreement provided to you, no joint venture, partnership, employment, or agency relationship exists between you and WIXI. Our performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Services, or information provided to or gathered by WIXI with respect therewith. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and WIXI with respect to the Site and Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WIXI with respect to the Site or Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. No waiver is caused by any failure or delay to exercise or enforce any right or provision of this Agreement. You may not assign or delegate all or any part of your rights or obligations hereunder to any third party (including receipt of any moneys due) absent our express consent and any such assignment shall not relieve you of your obligations. WIXI may freely assign or delegate all or any part of its rights or obligations under this Agreement without prior notice or consent.
WIXI OFFENSIVE DOMAIN NAME POLICY
This WIXI Offensive Domain Policy contains guidelines that help us to determine whether or not a Domain Name shall be denied registration because of its offensive nature. WIXI reserves the right to deny registration of domains that violate our Offensive Domain Policy or for any other reason.
Offensive Material means that which, in WIXI’s sole discretion, promotes or praises hatred, violence, child pornography, racial or religious intolerance or other similar impermissible content.
Nor does WIXI wish to register or otherwise provide Services for any domain name that, in our sole discretion, promotes or tends to promote activities or organizations that endorse and/or encourage hatred, violence, child pornography, racial or religious intolerance, crime or other antisocial behavior. This includes, but is not limited to, domains promoting organizations such as the KKK, Nazis, neo-Nazis, the Aryan nation, Yakuza or other similar organizations.
Reporting Domains that Violate the Offensive Domain Policy. It is impossible for WIXI to monitor and verify every single domain name and we disavow any obligation to do so. For this reason, we encourage you to report to us any domain name you believe has been registered in violation of our Offensive Domains Policy. Inquiries should be sent to the Contact Us link on our Home Page. Please include the domain name and the date, time and location where you noticed the Domain.
WIXI EDDP Policy
WIXI Expired Domain Deletion Policy
WIXI, Inc. registers, deletes and renews domains as an official registrar accredited by ICANN, and as such, acts a mediator between the Registered Name Holder and the administrator of the central database. It has no influence on the distribution process of domain names. As there might be rights of a third party involved, WIXI has no obligation to guarantee the continuity of the existence of a registered domain.
The Registered Name Holder assures that the domain name and the use of the domain does not interfere with or infringe upon the rights of a third party and that there are no other obstacles to registering the domain name.
The different domains are administered by various, usually national organizations. Each of these organizations has different terms and conditions relating to the registration of the respective domains, proceedings in domain name dispute matters, and conditions related to the deletion, renewal and/or auto-renewal of domains. As far as domains are the subject of the contract, the additional terms and conditions of each gTLD and ccTLD apply.
When registering, managing, deleted or renewing a domain, the Registered Name Holder provides WIXI with the power to submit all updates done through WIXI (e.g. DNS updates, WHOIS updates, as well as other domain configuration) on its behalf directly to the respective registry in real-time.
WIXI shall provide notice to each Registered Name Holder describing the details of its deletion and auto-renewal policy. When a domain's expiration date is upcoming, domain renewal notifications are sent to the Registered Name Holder of that domain via the respective email address on the domain's whois over three separate occasions. The first email is sent out approximately one month prior to a domain's expiration date. A second email is sent out approximately one week prior to a domain's expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final email is sent to the registrant on the fifth day post-expiration.
At the conclusion of the registration period, failure by or on behalf of the Registered Name Holder to consent that the registration be renewed within the time specified in notices sent by WIXI, in the absence of extenuating circumstances, will result in the cancellation of the registration by the end of the auto-renew grace period, or similar period depending on the gTLD or ccTLD.
WIXI will provide deletion and auto-renewal policies to Registered Name Holders through its Website and will provide, both at the time of registration and through the secure login management panel offered to its customers, any fee charged for the recovery of a domain name during the Redemption Grace Period.