These Terms and Conditions set forth the terms and conditions for providing the Reselling Services and rights and obligations between the Company (hereinafter referred to as “you”) and GMO Internet, Inc. (hereafter referred to as "GMO") of the “Reselling Services”. GMO reserves the right to update Terms and Conditions at any time without notice you. The most current version of Terms and Conditions can be reviewed by clicking on the Terms and Conditions hypertext link located.
After you and GMO agree to this Terms and Conditions by specified documents, you may be reselling partner of “Onamae .com”(hereinafter referred to as”Onamae.com service” that the person performs as registrar.
Regarding the operation of the domain name registration service (hereinafter referred to as "Registration Service"), in which you operate its own customer (hereinafter referred to as "customer") as a domain name registrant (registrant), you shall register the domain name by your customer as a member of the Onamae.com service and a reseller (hereinafter referred to as "Reselling Partner"), and the GMO shall provide the task related to the domain name registration application (hereinafter referred to as "The Task") as part of the Onamae.com service.
In operating and providing the registration services, you shall clearly announce to the customer that the registrar for the registered services is the GMO and that the you shall be the GMO's repurchase partner, and shall clarify the inquiries from the customer. The notification should be made directly to the customer individually or continuously by a method that the customer can easily recognize (notifications on your website, but not limited to this).
In the operation and provide of the registration service, the GMO's trademark or the like can be used in accordance with the "guidelines for use of trademark" defined by the GMO during the validity period of this terms and conditions.
You MUST NOT operate and provide Registration Service in a manner that compromises or is likely to compromise the trust of GMO and Onamae.com Services.
As a Resell Partner, you shall faithfully perform the obligations set forth in the following items:
(1) To acquire the knowledge necessary for the Registration Service in order to improve the service for the customer.
Onamae.com Registration Terms defined by GMO and the terms, guidelines, etc. relating to the operation and provide of the Onamae.com services defined by the GMO (collectively referred to as "this convention" below) and the unified domain name dispute handling policy (hereinafter referred to as "ICANN") adopted by the The Internet Corporation for Assigned Names and Numbers (hereinafter referred to as "UDRP"). Other policies, etc. (hereinafter referred to as "The terms etc." in combination with the present convention and UDRP; when The Terms etc. is changed, it includes the changed subject terms, etc.; the same shall be specified on the your website.
Check and comply with the terms and conditions of this terms and conditions and other changes made on GMO website (URL: https://www.onamae.com/agreement/) and ICANN policy (URL: https://www.icann.org/policy) (hereinafter referred to as “ICANN policy”)under your own responsibilities and responsibilities.
Performing obligations related to registration services and collecting money from customers should be done with all your responsibilities, without any trouble to GMO.
Entrusting or not reselling the business related to the operation and provide of registered services to a third party.
Do not perform actions that nuisance or detrimental or damaging to GMO, the customer, or a third party, including those that may be disadvantageous or damaging.
Do not indicate that the ICANN, the logos of ICANN certified registrars, or other ICANN is certified, except with written permissions from the ICANN.
GMO performs this task in accordance with this terms and conditions and ICANN policy.
In providing Registration Services to customers, you shall conclude a contract including the provisions set forth in the appendix (hereinafter referred to as a "Service Agreement") with customers at its own responsibility and burden.
When GMO requests, you shall promptly disclose a copy of the Service Agreement to GMO or submit a model of the usage contract to GMO after concluding the usage contract with the customer.
When the Service Agreement is terminated according to the request of the customer, the procedure defined in Section 15 is applied.
All IDs and passwords assigned by individuals under this terms and conditions shall be managed under the responsibility of the individuals.
When the ID and password specified in the previous section are lost or forgotten, the ID and password shall be immediately notified GMO by the method specified by GMO, and the GMO's instruction shall be followed.
Persons shall not be responsible for any damage or consequences of use and management of IDs, passwords, etc.
When receiving an application for the registration of domain names, etc. from a customer using a registration service, you shall apply to GMO for each application using a computer system dedicated to the Registration Service provided by GMO for the customer by consenting to this terms and conditions, etc. at its own responsibility and at its own expense.
In filing the application set forth in the preceding paragraph, you shall provide GMO with legally correct information concerning you as information on GMO in charge of registration of the domain name, and the Company shall provide the Company with information other than the domain registrant (administrator, etc.) (hereinafter referred to as "Registration Information") using the computer system set forth in the preceding paragraph.
You shall not register domain names for unfair profit or with cybersquatting or other unfair purposes, nor shall it cooperate in any manner with such domain name registrations.
GMO shall not be responsible for any incomplete Registration Information or input errors.
The domain name (hereinafter referred to as the "Intended Domain Name") to which you applied for registration in accordance with the previous clause shall be managed for the customer at your responsibility in accordance with this terms and conditions, ICANN policy,etc., and the Service Agreement.
With regard to registration and management of the Intended Domain Name, you shall pay to GMO a usage fee separately specified by GMO. The use fee shall be published on the following website, and you shall confirm the fee table (including the changed fee table if the fee table is changed, and so on) on its own responsibilities and responsibilities.
However, the usage fee is the same as the update fee in the fee table described on the website. The domain [.co.jp] is the same amount as the fee specified in the fee table [attribute type jp (.or.jp, etc.).
2. You transfers the usage fee specified in the previous section to the bank account specified by GMO according to the fee table and the user's request.
Payment shall be made in the manner of remittance. The transfer fee is YourName burden.
3. Notwithstanding the preceding paragraph, if there is a price list stipulated by the contract, the fee agreed upon by the contract shall apply. It is also assumed that GMO can change the price table after notifying you in advance.
When the number of Intended Domain Name exceeds the number specified by GMO, GMO shall be able to discount the usage fee specified separately if the other conditions specified by GMO (hereinafter referred to as "Discount Conditions") are met.
The discount rate of the usage fee and the discount application conditions specified in the previous section shall be specified separately by GMO.
If you are delayed from paying the service fee, you must pay the service fee plus the delayed damage fee, which is calculated at a rate of 14.6% per year, for the period of the day from the day following the payment date to the end of the service fee.
A security deposit of ¥100,000( a hundred thousand)yen shall be pledged to GMO in accordance with the instructions of GMO within 7(seven) days from the date of this contract in order to guarantee the repayment of any liabilities to GMO incurred or incurred in the future under this contract (the "Liabilities").
If a due date arrives for this debt, or if you loses the due benefit for this debt, GMO shall be able to apply all or part of the first term's assurance to this debt without requiring prior notice to you, and you shall not make any objections on this allocation.
If the amount of assurance specified in Item 1 becomes insufficient, you must add the insufficient amount immediately.
When the contract is terminated, if there is any unpaid monetary debt, GMO shall be able to apply the guaranteed money to the amount of the monetary debt. If there is a balance in the guaranty after the allocation, GMO returns the balance to you without delay.
Warranty money defined in Items 1 and 3 are not interested in them.
The term of validity of this terms and conditions shall be three years from the date of conclusion of this contract.
Notwithstanding the previous section, unless your or GMO indicates in writing to the other party that the contract is to be terminated three months before the expiration date, the expiration date of the contract is extended by one year from the day after the expiration date, and the same is true after that.
In spite of Item 1, this terms and conditions shall be terminated when the contract for registering a domain name between GMO and the ICANN or registry (hereinafter referred to as the "Registry") is terminated (for whatever reason), or when the action based on the contract is implemented or GMO discontinues the Onamae.com services.
You and GMO shall be able to cancel all or part of this contract by written terms and conditions, even during the lifetime of this contract.
In the event of violation of the obligations defined in this agreement, GMO shall define a considerable period of time, notify GMO of the following items to remind him of the correction of the violation, and if the violation is not remedied after the corresponding period of time has elapsed, GMO shall be able to immediately cancel this contract without needing the notice and other procedures.
you are in violation of this terms and conditions.
If GMO does not correct the violation within the time period defined by GMO, GMO must have the right to cancel this agreement.
GMO can immediately cancel all or part of this contract if any of the following conditions arise by you without requiring a notice or other procedure.
(1) When a note or check issued, accepted, or issued by itself is lost, or the payment is stopped or cannot be paid.
In the case of receiving a disposition due to delinquency such as preliminary seizure, seizure, temporary disposition, forced execution, taxing, etc.
When a request for a bankruptcy procedure start, special settlement start, company renewal procedure start, civil renewal procedure start, or other similar procedure is received, or the request is made by itself.
When the product disappears regardless of the merger
Revocation of the permission for stopping or sales from a supervisory authority or the like, or a similar disposition is received from a supervisory authority or the like.
When the transfer of all or important parts of the business is resolved or the business is discontinued or discontinued
When it turns out that it is an anti-social force, that the anti-social force is a main shareholder or transaction partner, that the anti-social force is involved in management, and that there are other interactions with the anti-social force (regardless of mode, degree, whether money is transferred or not).
The cancellation of this contract according to the previous paragraph 2 does not interfere with the request for damage from you to GMO.
When any of Item 1 and Item 2 is met, you shall lose the due benefit of the liability (not limited to the liability based on this terms and conditions) to GMO, regardless of whether this contract has been released, and shall immediately fulfill the liability to GMO.
1. Upon termination of this contract, you shall not register the Customer's Domain Name using the Onamae.com Service.
2. When this contract is terminated, and the customer wishes to use the Onamae.com service for the registration and management of the Intended Domain Name, he/she shall take, at his/her responsibility and burden, to notify the customer that the registration service is terminated, that the Intended Domain Name is managed by himself/herself using the Onamae.com service, and that the customer is directly bound to the any agreements or the like defined by him/herself after the date of the contract termination, and obtain the customer's consent, and take all the measures necessary for the customer to manage the Intended Domain Name by using the Onamae.com service (procedures for changing the administrator or the like to the customer, the ID and password for the customer, and any other information necessary for the customer to manage the domain name, but not limited thereto). However, it is assumed that GMO can determine whether or not the Onamae.com service can be provided to your customer and the condition for providing the Onamae.com service at his/her discretion.
If this contract is terminated for whatever reason, the document, manual, etc. disclosed or provided by the person must be immediately returned to GMO.
You agree that you are responsible for the items defined in each of the following items and that GMO is not responsible for them at all.
Operation and provide of registration services, rights and obligations related to registration services, transactions with customers, and all matters related to Service Agreement.
A conflict that arises between you and/or the customer, a third party.
Conclusion and maintenance of insurance contracts in preparation for compensation for damages incurred by GMO, Customer or third parties in connection with the operation and provide of Registration Services.
You must agrees that GMO does not bear any obligations and responsibilities for the items defined in the following items.
The time required for the domain name registration information sent by you to reach and reach the computer system of GMO.
The identity of the information about the domain name registration that arrived at the GMO's computer system and the information about the domain name registration that was sent by you.
A domain name cannot be registered or is delayed due to a situation such as a ICANN or a Registry, or a registration impossible or delayed due to an outage of a facility due to maintenance of an individual's computer facility or the like.
If the contractual obligations are prevented from being fulfilled for any reason other than attributable to the spread of disaster areas, quarantine, war, runaway, internal disturbances, extended fires, floods, legal revisions, official interventions, strikes or other labor disputes, transport accidents, or someone else's responsibilities, then the contractual obligations are defeated for that reason.
you agrees that, based on the UDRP, GMO will not be involved in any domain name disputes for the subject domain name.
In the case where an individual has violated his/her obligations as defined in this terms and conditions, either intentionally or by accident, the individual has to compensate for the normal damage actually caused to the individual due to his/her direct cause of the violation. Incidentally, the amount of compensation is limited to the amount of the usage fee paid by you to GMO during the registration period in which the damage has occurred, which is related to the registration and management of the Intended Domain Name in which the damage has occurred.
In the course of the performance of this Agreement, except in cases where either party has disclosed to the other party, to the effect that it is confidential at the time of the disclosure thereof, business and technical information of such party, and personal information (including personal information, including the names of persons in charge and representatives thereof in the case of a juridical person), date of birth and other descriptions, individualized numbers, symbols and other codes, or images or sounds that can distinguish such individual (including information that cannot be distinguished by itself but can be easily compared with other information, thereby distinguishing such individual), and whether or not such information is explicitly disclosed to the other party, including information on the customer, hereinafter referred to as "Confidential Information") shall not be disclosed to the other party in writing by the other party, except in cases where it becomes necessary for the performance of its obligation to disclose, divulge or exercise its rights to the other party. No method or mode shall be used.
In the case where information of a third party is disclosed from an individual regarding the implementation of this terms and conditions, the individual agrees in advance that the individual bears the same confidentiality maintenance obligation as the confidentiality maintenance obligation borne in the contract and the like with the third party.
Notwithstanding the regulations in Section 1, the information defined in the following Items, out of the information excluding personal information, shall be excluded from the confidential information.
Information already known at the time of disclosure from the other party
Information that became known after being disclosed by the other party, regardless of the liability of the party who received the disclosure of the secret information
Information already legally held by the party who received the disclosure of the secret information at the time of the disclosure from the other party
Information legally acquired by a party who has received disclosure of confidential information after receiving disclosure from the other party without being subject to confidentiality obligation from a legitimate third party who has legitimate authority that does not incur any confidentiality obligation
Information independently developed by a party to whom confidential information is disclosed, regardless of whether it is disclosed or not, without relying on the confidential information disclosed by the other party
you and individuals shall be obligated to have their officers and employees (regardless of employee, temporary staff, dispatch worker, or any other form, hereinafter referred to as "employees, etc.") comply with the confidentiality obligations they bear in this section, and shall be responsible for violations of obligations defined in this section by those employees, etc. and those who were employees.
When this contract ends for any reason, when requested by the other party, or when it becomes unnecessary to retain the secret information, you and GMO shall immediately return the secret information (including the document and the electronic medium in which the secret information is recorded or described, etc.) to the other party.
You shall assign, inherit, or not dispose of at all, all of the status of this contract and any rights and obligations under this contract to third parties, except with the prior written consent of the individual.
For the resolution of any disputes between the individuals concerning this contract, the Tokyo Regional Course is the first case of the exclusive agreed jurisdictional court.
Regarding the establishment, effectiveness, implementation and interpretation of this agreement, Japanese laws and regulations shall be applied.
The provisions of Article 9, Article 11, Article 12, Article 15, Paragraphs 3 and 4, Article 16 to this Article and Article 24 shall remain in force even after the termination of this Agreement.
If any provision of these terms and conditions or part thereof is held to invalid or unenforceable under the Japanese laws or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
1. GMO reserves the right to amend or change these terms and conditions. In the event of any amendment or change to these terms and conditions.
2. If registrar certification agreements between GMO and the ICANN, registrar licensing agreements between GMO and Registry, or policies, instructions, guidelines, and other agreements regarding ICANN and domain names adopted by the registry at any time need to be adhered to, GMO may change this agreement by notifying you of the change by writing.
3. If there is any contradiction between what the English language version of the terms and contisions says and Japanese language version says, then the Japanese language version shall take precedence.
Prescribed on 07/31/2019