Terms of Service of the PacketiX.NET VPN Online Test Environment
(Effective October 22, 2006)
SoftEther Corporation, a Japanese corporation and its subsidiaries and affiliates (collectively, “SoftEther”) provides certain services as part of its PacketiX.NET Virtual Private Network (VPN) Online Test Environment (collectively, the “Service”) through the www.packetix.net website (the “Website”). The access and use of the Website or the Service provided therein is subject at all times to these Terms of Service (the “Agreement”).
Please read this Agreement carefully. This Agreement specifies the terms which governs the use of by Users (as defined in Article 3 below) of the Service, which is part of a non-profit academic experiment being conducted by SoftEther. The Service may include the provision of online services, the provision of the right to use software, and the provision of related media, printed material (manuals and other documents), online documents and e-text.
This Agreement may be modified by amendments or additions to this Agreement at any time by SoftEther. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. The User is responsible for periodically checking the Website for changes to this Agreement. If the User does not agree to be bound by (or cannot comply with) the Agreement as modified, the User agrees that its sole remedy is to cease using the Service. The User's continued use of the Service constitutes the User's agreement to be bound by the amended Agreement.
Access to the Website or use of the Service shall indicate that the User agrees to be bound by the articles and clauses of this Agreement and represents that such User has read and understands the terms herein. If the User does not agree to the articles and clauses of this Agreement (or cannot comply with such terms for any reason), such User may not use the Service or use, install or copy related software, and should exit from the Website. This Agreement shall be governed by Japanese law.
Article 1. Scope of This Agreement; Amendments
All regulations presented to the attention of the User at any time, by the method chosen by SoftEther, shall form part of this Agreement, and the User consents to this. SoftEther may, without the prior consent of the User, change stipulations in this Agreement and amend its regulations. In such an event, the User shall either agree with the amended Agreement and amended regulations, or immediately stop using the Service. The latest version of this Agreement and regulations will be posted on the Website.
Article 2. Usage Without Charge
The Service is part of a non-profit academic experiment administered by SoftEther. Unless SoftEther provides otherwise through an amendment to this Agreement, the User does not need to pay remuneration to SoftEther for use of the Service.
Article 3. User
A “User” is a person or entity who, after consenting to the terms of this Agreement, makes an application to create and configure a virtual Layer 2 Switching Hub (hereinafter, “Virtual Hub”), following procedures specified by SoftEther and using services provided by SoftEther, or a person who uses the Virtual Hub functions by configuring a VPN connection to the Virtual Hub established as a result of the said application.
Article 5. Equipment, Devices, etc.
The User is responsible for its own access to telecommunications and other devices required to use the Service. In addition, the User shall, at its own expense, use the Internet to connect the said devices to the server system providing the Service. When establishing such a connection, the User shall perform the required procedures under its own responsibility and at its own expense.
Article 6. Administrative Password
A User who has created and configured the Virtual Hub for the Service (hereinafter, the "Virtual Hub Administrator") shall create an administrative password for the said Virtual Hub that is secure enough that a third party would have much difficulty guessing it. The said administrative password must not be disclosed to a third party without the prior consent of SoftEther. It will be assumed that all commands input by an unidentified person accessing the Service with the said administrative password were performed by the Virtual Hub Administrator.
Article 7. Permission for Use by Secondary Users
The Virtual Hub Administrator may configure the Virtual Hub in a way that permits third parties to make an appropriate VPN connection to the said Virtual Hub for telecommunications purposes. Before so doing, the Administrator must make known to all Users except him/herself who establish a VPN connection to the Virtual Hub for telecommunication purposes (hereinafter, "Secondary Users"), the entire text of the latest version of this Agreement, and must obtain the Secondary Users' consent to its terms.
Article 8. Prohibition of Use Conflicting with Purpose of Non-Profit Academic Experiment
The User must remain aware that the Service is provided as part of a research project implemented for the purpose of conducting a non-profit academic experiment. When the User uses the Service, it must not perform any action that conflicts with this purpose.
Article 9. Authority of SoftEther
SoftEther may, at any time it deems appropriate and without notice to the User or Virtual Hub Administrator, stop the operation of a Virtual Hub registered for the Service, recommence its operation, suspend its operation, remove it from service, or change its settings. As a case in point, SoftEther might automatically remove from the Service a Virtual Hub that is deemed to have been hardly used during a period determined by SoftEther.
Article 10. Use of Other Networks
If the User uses the computer or network of a third party in order to use the Service or to obtain access via the Service, it must abide by the rules of the administrator of the said computer or network. When the User uses the Service in such a manner, SoftEther shall bear no responsibility whatsoever for the User's use of the third party's computer or network.
Article 11. Regulations of University of Tsukuba
In cases where the server computer providing online functions for the Service is located at the University of Tsukuba, and where the Internet connection is made via network devices owned by the said University, the User must, before using the Service, read, understand and abide by the Guidelines for Use of the Computer Communications System of University of Tsukuba enacted on March 16, 2006 by the Academic Computer & Communications Center of University of Tsukuba, and its other regulations in effect (collectively “University Guidelines”).
Article 12. Use of Computer Software
If the User uses computer software in order to use the Service (including software provided without charge as part of the Service), it must first obtain from the issuer of the said computer software a copy of the contract permitting use of the said software, and signify its agreement to the contract.
Article 13. Prohibitions
When using the Service, the User must not perform any of the following actions:
An action violating the property rights, right to privacy, portrait rights or other rights commonly deemed to exist, of SoftEther or a third party, or an action that could violate those rights
An action that would sully the honor or harm the reputation of SoftEther or a third party, or that would spread false information about SoftEther or a third party
Any action prohibited by law or government ordinances
Transmission of a program containing a computer virus or computer worm, or connecting a computer infected by such a program to the Service
An action impeding the Service or SoftEther's operations by sending or receiving large volumes of data while using the Service or equipment owned by SoftEther, or while linking up with the said equipment
Sending an e-mail for the purpose of advertising
Reselling, providing, or lending part or all of the Service to a third party, whether for a fee or not
An action that could cause damage or loss to SoftEther or a third party
An action that would be offensive to public order and good morals
A violation of this Agreement
Violate the University Guidelines (in cases where the server computer providing online functions for the Service is located at University of Tsukuba, and where the Internet connection is made via network devices owned by the said University)
Any other action deemed by SoftEther at its discretion to be inappropriate
Article 14. Deletion of Registered Information
SoftEther may delete information that the User has recorded on the Service, without prior notification to the User.
Article 15. Suspension of Use
SoftEther may, at its discretion, temporarily suspend or permanently halt a specific User's access to the Service.
Article 16. Modification or Suspension of the Service
SoftEther may, without prior notification to the User, modify the Service, suspend it temporarily, or halt it permanently.
Article 17. No Guarantee for Service Performance
The Service shall be that which SoftEther deems it is able to provide at a given time. SoftEther does not guarantee in any way the integrity, accuracy, applicability or usability of online functions, information or software that it provides. In the event of a delay or suspension in the provision of the Service for whatever reason, SoftEther shall not be responsible in any way for any resulting damage or loss incurred by the User or a third party.
THE USER HEREBY EXPRESSLY AGREES THAT THE ACCESS AND USE OF THE WEBSITE, THE SERVICE, AND THE INTERNET IS AT ITS SOLE RISK. THE WEBSITE, THE SERVICE, THIRD-PARTY SERVICES AND PRODUCTS AND ANY INFORMATION DELIVERED TO USER IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR THE USER'S USE, WITHOUT WARRANTIES OF ANY KIND BY SOFTETHER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOFTETHER PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF ITS CHOOSING, OR THAT SOFTETHER WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
Article 18. Confidentiality
SoftEther shall not be bound to an obligation of confidentiality with regard to any information that it learns through the User's use of the Service, or its attempt to use the Service.
Article 19. Submission of Information to Authorities
If SoftEther deems that a log made during telecommunications via the Service is of an illegal or illicit nature, it may, without notice to the User, submit the communication record and other information to a third-party entity that it deems to have competent authority (including but not limited to a court of law, tax office, prosecutor and prefectural police).
Article 20. Compensation for Damage or Loss
SoftEther shall bear no responsibility whatsoever for damage or loss incurred by the User as a result of using the Service, and shall bear no obligation whatsoever to compensate for the said damage or loss. The same shall apply even if SoftEther had prior knowledge of a possibility of such damage or loss. If the User causes damage or loss to a third party as a result of its use of the Service, the User must resolve the issue under its own responsibility and at its own expense, without causing damage, loss or trouble to SoftEther. If the User causes damage or loss to SoftEther as a result of its violation of this Agreement or an illicit or illegal act, the User will be obliged to give SoftEther commensurate compensation.
THE USER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SOFTETHER OR ITS LICENSORS IS TO STOP USING THE SERVICE. THE USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL SOFTETHER, 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 SERVICE. MOREOVER, IN NO CASE SHALL SOFTETHER'S OR ITS LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', MEMBERS' OR DIRECTORS' (COLLECTIVELY, “SOFTETHER AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SOFTETHER FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL ANY SOFTETHER AFFILIATE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THEFT OR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM THE USER'S USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USER'S USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY SOFTETHER AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Article 21. Other Stipulations
This Agreement (including regulations issued by SoftEther to the User at any time by the method chosen by SoftEther) represents the full consent between the User and SoftEther regarding the Service, and takes precedence over any prior verbal or written declaration of intent, proposal or declaration. If the User violates this Agreement and thereby causes direct or indirect damage or loss to any SoftEther Affiliates, the User shall be obliged to compensate and indemnify such SoftEther Affiliates for the said damage or loss. In the event of a dispute arising from this Agreement or the Service, exclusive jurisdiction for dispute resolution shall rest with the Tokyo District Court, as court of first instance. The laws of Japan, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website and/or the Services. Even in the event that part of this Agreement is rendered invalid, loses legal force, or is determined to be unlawful, the other articles and clauses shall not be affected and shall retain their full validity.
Article 22. Proprietary Rights; Copyrights and Trademarks
The User understands and acknowledges that the Website, the Service and information provided to the User in connection therewith is owned solely and exclusively by SoftEther, its licensors or its affiliates, or suppliers, and are protected by applicable laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. Under no circumstance will the User obtain any ownership interest in any such proprietary subject matter pursuant to this Agreement or otherwise.
Article 23. SoftEther Trademarks
SoftEther, its logo(s), and associated brand names and domain names are trademarks of SoftEther in Japan and other countries. SoftEther trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by SoftEther that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Website without the written permission of SoftEther or the respective owner of such trademark, service mark or logo.
Article 24. Website
The Website is provided on an “as is” and “as available” basis. SoftEther reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will SoftEther be held liable for any damages resulting from such interruptions. The Website may include technical inaccuracies, typographical errors 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 SoftEther and/or its suppliers that are not available in your location. Such references do not imply that SoftEther or its suppliers intend to make available such products, programs or services in your location.
Article 25. Contact
If the User has any questions, complaints, or comments regarding this Agreement, or have other questions or suggestions about the Website, he may contact SoftEther via e-mail at email@example.com.
© 2007 SoftEther Corporation. All rights reserved.