Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Awakening Hosting website. Awakening Hosting is operated by Awakening LLC. Awakening LLC is located at: 2-3-5 Yuki no shita, Kamakura, Kanagawa, Japan.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Awakening Hosting website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us” refers to our Company. “Party”, “Parties” or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client needs in respect of provision of the Company stated services/products, in accordance with and subject to, prevailing law of Japan. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Awakening LLC Hosting website you consent to the use of cookies in accordance with Awakening LLC Hosting privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Awakening LLC and/or it licensors own the intellectual property rights for all material on Awakening Hosting website. All intellectual property rights are reserved. You may view and/or print pages from https://awakening-hosting.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://awakening-hosting.com

Sell, rent or sub-license material from https://awakening-hosting.com

Reproduce, duplicate or copy material from https://awakening-hosting.com

Redistribute content from https://awakening-hosting.com (unless content is specifically made for redistribution).

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Account Setup

Awakening will setup your account after we have received payment and after we and/or our payment partner(s) have verified and screened your order(s). It is your responsibility to provide us with a reachable email address. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Awakening is not responsible for a lapsed registration due to outdated contact information. If you need to verify or change this information, you should contact our support team via email or by submitting a support ticket. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers

Our support team will make every effort to help you move your existing site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer.

Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Awakening LLC and awakening-hosting.com are not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by awakening-hosting.com are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Content & Copyrights

All services provided by Awakening may only be used for lawful purposes. The laws of Japan apply.

The customer agrees to indemnify and hold harmless Awakening LLC and awakening-hosting.com from any claims resulting from the use of our services.

It is the policy of Awakening LLC to respond appropriately and promptly to notices of alleged copyright infringement. If you own a copyright in a work, or represent a copyright owner, and believe that your, or the represented owner copyright in that work has been infringed by an improper posting or distribution of it via a site hosted by Awakening LLC, then you may send us a written notice stating so. Awakening LLC will only respond to notices that it receives by email or mail.

Please note that it is often difficult to determine if a copyright has been infringed upon. awakening-hosting.com may elect to not respond to copyright infringement notices that do not substantially prove their statement, and may elect to remove allegedly infringing material that comes to its attention via notices. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a response arguing differently. If we receive an argumented proper response or counter-notification, then we may replace the material that we removed or stop disabling access to it. Without limiting Awakening LLC other rights, Awakening LLC in appropriate circumstances, may terminate a repeat infringer access to the Website and any other website owned or operated by Awakening LLC and its affiliates.

Monitoring

Awakening services, including all related equipment, networks and network devices are provided only for authorized customer use. Awakening LLC systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Awakening system(s) constitutes consent to monitoring for these purposes.

Service Denial / Termination

We reserve the right to refuse service to anyone. Any material that, in our judgment, is illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket or email and will have a response within 48 hours.

Contents Responsibility

Sites hosted on Awakening LLC servers are regulated only by Japanese law.

Awakening LLC is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered illegal. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Japanese Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Awakening LLC will not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted by Awakening LLC.

Users are solely responsible for any applicable compliance with Japanese laws governing the privacy and security of personal data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data. Awakening LLC does not control or monitor the information or data you store on, or transmit through, our Services.

Spam Policy

We specifically forbid the use of our services for sending of unsolicited e-mail, bulk emailing, and spaming.

Any account whose actions (or inactions) result in our IP addresses being blacklisted will be immediately suspended and/or terminated.

Furthermore, Awakening LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of Awakening LLC.

Payment

You agree to supply appropriate payment for the services received from awakening-hosting.com, in advance of the time period during which such services are provided. All payments will apply to the oldest invoice in your billing account. You agree that until and unless you notify awakening-hosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of awakening-hosting.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.

You agree that until and unless you notify us of your desire to cancel any or all services received (by the proper means and notice listed above), those services will be billed on a recurring basis, unless otherwise stated in writing by us. Awakening-hosting.com reserves the right to bill your credit card or billing information on file with us. Awakening LLC may, at its sole discretion, provide a grace period beyond the renewal and invoice due date. During such grace period, as a courtesy to you, service may not be suspended for non-payment. You will, however, be responsible for payment of service for the new service billing period unless you cancelled service per the notice and procedures described above.

If an account is suspended for non-payment, payment is still due for the entire billing term even during suspension. Suspended accounts will not receive prorated credit for any downtime resulting from late or non-payment.

Invoices that have been paid more than once with multiple subscriptions can only be added as credit towards the account and cannot be refunded.

Awakening LLC reserves the right to change service rates and fees at any time without notice. An on-going service will not be affected by price changes, except on its renewal, i.e. a monthly subscription will have its price updated at the end of the monthly period, while a yearly subscription will have its price changed at the end of the yearly period.

Backups

awakening-hosting.com does not provide a data backup service.

Your use of this service is at your sole risk. Awakening LLC is not responsible for your files and/or data residing on its servers. You agree to take full responsibility for files and data stored on our servers and to maintain your own backup of files and data stored on awakening-hosting.com servers.

Cancellations

Awakening LLC reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice for any violation of its terms of service or policies.

There is no money back guarantee on either of awakening-hosting.com services. Cancellations are still possible with the below penalties: every started month is due in full

Past current month period may be reimbursed with a 50% penalty

Example: yearly contract starting Jan 1st. User wishes to cancel on Feb 2nd:

February is due in full. Period from March 1st to December 31st can be reimbursed with a 50% penalty, i.e. 5 months・worth of service fee.

Any violation of our Terms of Service or related policies will waive the refund policy.

Price Changes

We reserve the right to change prices listed on awakening-hosting.com at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save, and hold Awakening LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against Awakening LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Awakening LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with awakening-hosting.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from awakening-hosting servers.

Disclaimers

Awakening LLC shall not be responsible for any damages you or your business may suffer. Awakening LLC makes no warranties of any kind, expressed or implied, for services we provide.

Awakening LLC disclaims any warranty or merchantability of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, and any and all service interruptions caused by awakening-hosting.com and Awakening LLC employees.

Disclosure to Law Enforcement

Awakening LLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to Terms of Service

Awakening LLC reserves the right to revise its policies at any time without notice.