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※1 If there is any issue or discrepancy with other terms pages, the Japanese Terms of Service shall prevail.
※2 These translations are generated by machine translation. For accurate terms, please refer to the Japanese version.

VPS Terms of Service

The KuronekoServer VPS Terms of Service (these “Terms”) set forth the conditions for using the Virtual Private Server service (the “Service”) provided by the KuronekoServer operations team (the “Operations Team”).

Users (the “User”) must use the Service after agreeing to these Terms and related policies.

Article 1 (Definitions)

  1. “Service”: A virtual dedicated server that the Operations Team operates and provides using facilities leased from an Upstream Infrastructure Provider.
  2. “Upstream Infrastructure Provider”: A third party that provides the data center and network facilities that form the basis of the Service. The Operations Team leases facilities from one or more Upstream Infrastructure Providers, not limited to a single company, to operate the Service.
  3. “Committed Bandwidth” / “Committed Transfer Volume”: The monthly upper limit of bandwidth or data transfer volume specified at the time of contract.
  4. “End User”: A person who uses the services that the User provides through the Service, or any other person who accesses the Service through the User.
  5. “Individual Provisions”: The collective term for individual provisions, usage guides, and policies separately established by the Operations Team.
  6. “Emergency”: An event that poses a serious and imminent risk to persons or property, the data center, the network, the facilities, or the provision of the Service to other users.
  7. “Business Day”: A day other than Saturdays, Sundays, and national holidays in Japan.

Article 2 (Scope)

  1. These Terms apply to all contractual relationships regarding the Service between the User and the Operations Team.
  2. The Individual Provisions constitute part of these Terms. If these Terms conflict with the Individual Provisions, these Terms shall in principle prevail; however, if the Operations Team has separately established an order of priority, that order shall apply.
  3. The User shall also comply with the acceptance conditions, operational standards, and acceptable use policies of the Upstream Infrastructure Provider. If there is any conflict with these Terms, the conditions stricter for the User shall apply.
  4. The User is responsible for ensuring that its End Users comply with these Terms and the Individual Provisions, and any violation by an End User shall be deemed a violation by the User.

Article 3 (Application and Screening)

  1. The contract is formed when the User completes the application procedures prescribed by the Operations Team and the Operations Team accepts the application.
  2. Estimates are valid for 30 days from the date of issuance. Applications after expiration require re-estimation and re-screening.
  3. The Operations Team or the Upstream Infrastructure Provider may, at its reasonable discretion, reject an application or change conditions based on creditworthiness, KYC, technical requirements, stock availability, confirmation of prepayment or deposit, and similar factors.

Article 4 (Identity Verification / KYC)

  1. When applying for and paying for the VPS service, the User must provide the accurate legal name and address of the contractor.
  2. The Operations Team and the Upstream Infrastructure Provider conduct identity verification (KYC) procedures for purposes such as compliance, prevention of fraud and abuse, and compliance with export control regulations and economic sanctions. Identity verification is performed using the Didit electronic identity verification service. Orders (contract applications) cannot be finalized until identity verification is complete. The User shall promptly provide business details, contact information, identity verification documents, and other information upon request.
  3. If false information, applications under a third party’s name, or failure to promptly respond to identity verification requests are discovered, the Operations Team may place the application on hold or reject it, or take measures such as termination of existing contracts or suspension of the Service.
  4. As part of ongoing compliance verification, the Operations Team may request re-verification of User information at any time, even during the contract term. The User shall promptly notify the Operations Team of any changes to registered information.

Article 5 (Service Details)

  1. The Operations Team provides the Service using facilities leased from the Upstream Infrastructure Provider, based on the specifications, bandwidth package, and number of IP addresses stated in the contract summary.
  2. Provision begins upon notification of login information. No physical equipment is delivered.
  3. The equipment configuration, network route, and management functions may change depending on the capacity status of the Upstream Infrastructure Provider.
  4. The Operations Team does not provide any SLA guarantees regarding availability or performance.
  5. Because the Service is provided on the Upstream Infrastructure Provider’s virtualization platform, CPU steal, I/O latency, and contention for shared resources may occur due to host load. The Operations Team and the Upstream Infrastructure Provider provide no performance guarantees for these.
  6. The Service is intended for the User’s own use, and the User may not resell or transfer the Service or any part thereof to a third party, except with the prior written consent of the Operations Team (Article 10, item 14).

Article 6 (Fees and Billing)

  1. The base fee is the amount stated in the contract summary, and billing is generally prepaid.
  2. Data transfer and bandwidth are recorded in 5-minute increments based on measurements by the Upstream Infrastructure Provider, and monthly usage is billed rounded up to the nearest GB (e.g., 12.3GB is billed as 13GB).
  3. Data transfer/bandwidth exceeding the committed values is billed on a usage basis. The minimum billing unit for overage charges is 1TB, and even if actual usage is less than 1TB, 1TB will be billed. Unit prices are stated in the contract summary or invoice.
  4. If payment is not confirmed by the due date, the Service may be suspended and late interest and reinstatement fees may be charged.

Article 7 (Plan Changes)

  1. Upgrades will be performed through contract change procedures only when there are sufficient resources available at the Upstream Infrastructure Provider.
  2. Downgrades are technically impossible and cannot be performed.

Article 8 (Monitoring and Measurement)

The Upstream Infrastructure Provider measures inbound and outbound traffic on interfaces at 5-minute intervals and provides daily, weekly, and monthly graphs in the customer portal.

The User must review these and promptly report any abnormalities.

Article 9 (Use of IP Addresses)

  1. Global IP addresses assigned are within the allocation range of the Upstream Infrastructure Provider. The User shall use them responsibly and comply with regional registry guidelines.
  2. Additional IP address allocations incur separate fees, and requests may be rejected if legitimate reasons cannot be confirmed.
  3. The right of exclusive use of IP addresses does not transfer to the User, and the IP addresses must be returned promptly upon contract termination.
  4. Announcements smaller than the minimum prefix length specified by the upstream provider (IPv4 /24, IPv6 /48) are not allowed.

Article 10 (Prohibited Conduct)

The User and its End Users must not engage in any of the following in their use of the Service:

  1. Illegal or anti-social acts such as spam, phishing, malware distribution, or unauthorized access
  2. Unauthorized access to, compromise of the security of, or unauthorized port scanning or penetration testing against the computer systems, accounts, or networks of others
  3. Attacks such as DoS, DDoS, or DRDoS, sending mail bombs, or any other act that imposes excessive load on or damages networks or infrastructure
  4. Operation of Tor nodes, open proxies, anonymization services, VPNs intended to conceal bandwidth usage, traffic exchange services, P2P, and the like
  5. Operation of IRC bots, eggdrop, or similar services
  6. Cryptocurrency mining, intermittent massive traffic exceeding committed bandwidth, or sustained high-load processing
  7. Maintaining a constantly high-load state (e.g., maintaining CPU utilization of 80% or more continuously for 24 hours)
  8. Live or on-demand streaming distribution
  9. Acts that infringe intellectual property rights, or the manufacture, use, or distribution of pirated, counterfeit, or illegal software or other products
  10. Use that violates export control regulations or economic sanctions (including provision to sanctioned countries or persons)
  11. Use related to military purposes or weapons of mass destruction
  12. Acts that may lead to blacklisting, or acts that may damage the reputation or credibility of the Operations Team or the Upstream Infrastructure Provider
  13. Occupying large numbers of IP addresses without reasonable grounds
  14. Reselling, reselling at a markup, or sub-leasing the Service or any part thereof to a third party, whether for a fee or free of charge (including sub-reselling), except with the prior written consent of the Operations Team
  15. Storing, transmitting, or distributing the prohibited or illegal content set forth in Article 11
  16. Violations of laws in Japan or other countries, public order and morals, or guidelines/orders of administrative agencies, or acts that may do so
  17. Any other acts deemed inappropriate by the Operations Team or the Upstream Infrastructure Provider

Article 11 (Prohibited / Illegal Content)

  1. The User and its End Users must not store, transmit, distribute, or publish, using the Service, any content or material intended for or related to the following:

    • Content related to terrorism
    • Threats of harm to persons or property, or harassing conduct
    • Child pornography, virtual child pornography, child erotica, or content related to child abuse
    • Zoophilia or other obscene or illegal content
    • Defamatory content
    • Content protected by intellectual property rights used without proper authorization
    • Phishing, fraudulent representations, or other fraudulent content
    • Any other content that is illegal or prohibited in any applicable jurisdiction

  2. The User bears full responsibility for any and all content (text, images, audio, video, data, etc.) that it uploads, stores, or transmits on the Service.

  3. The Operations Team and the Upstream Infrastructure Provider have no obligation to constantly monitor the User’s content and are not in a position to be aware of its contents. If content is reasonably determined to be illegal or in violation of these Terms or the Individual Provisions, the Operations Team or the Upstream Infrastructure Provider may take measures such as removal of the content, restriction of use, suspension of the Service, or termination of the contract.

Article 12 (Email / Anti-Spam)

  1. The User must not engage in the following:

    • Sending electronic messages that violate laws
    • Sending or relaying spam (unsolicited bulk messages), or allowing its End Users or third parties to do so
    • Sending or relaying mail bombs
    • Altering header information for the purpose of preventing recipients from responding

  2. Bulk messages may be sent only when explicit consent (such as double opt-in) has been obtained from each recipient, or when sending without consent is permitted by law. Each message must include an easily accessible unsubscribe mechanism, and sending must cease promptly after a recipient unsubscribes.

  3. If, due to the User’s acts, the servers or IP addresses of the Operations Team or the Upstream Infrastructure Provider are placed on a blacklist, the costs of remedial action such as delisting may be charged to the User.

Article 13 (Security / Penetration Testing)

  1. The User shall keep its OS and software up to date and take reasonable security measures, including anti-malware measures, appropriate management of authentication details, and regular backups.

  2. Management of authentication details (IDs, passwords, keys, tokens, etc.) is the User’s responsibility, and the User shall bear the consequences of any leakage or misuse thereof. If leakage or misuse is suspected, the User shall promptly change its authentication details and notify the Operations Team.

  3. If the User becomes aware of a security-related event that may materially affect the infrastructure, the User shall promptly report it to the Operations Team and follow any necessary instructions.

  4. The User may conduct technical security audits such as penetration testing, but only within the scope of the services it contracts for and in a manner that does not affect shared infrastructure or other users. However, DoS testing, social engineering, and testing targeting other users or shared infrastructure are prohibited. Prior approval of the Operations Team must be obtained, and if any instability or failure occurs to the Service or others, testing must be stopped immediately and reported.

  5. To report a security vulnerability concerning the Service, please refer to the following page:

    https://krnk.org/contact/vulnerability-reporting

Article 14 (Fair Use / Bandwidth Management)

  1. If biased bandwidth usage exceeds operational technical thresholds (e.g., ASN-based ratios), the Upstream Infrastructure Provider and the Operations Team may take measures such as traffic shaping, route adjustments, and additional charges. Thresholds are determined by operations based on network conditions, but when shaping or additional charges are applied, we will notify the User as much as possible in advance, and the User may file an objection after receiving notice.
  2. When DDoS attacks or similar events are detected, port blocking or blackholing may be performed as necessary. The Operations Team shall not be liable for damages caused by such measures.

Article 15 (Support)

  1. The Operations Team does not provide detailed technical support free of charge as a general rule.
  2. Initial response to support is targeted within 24 hours as a general rule, but response time and recovery time are not guaranteed, and no SLA or service credits are provided. Support is provided on a best-effort basis by the Upstream Infrastructure Provider and the Operations Team.
  3. In emergencies, we will respond with priority as much as possible, but the Operations Team provides no guarantees regarding data loss or temporary service suspension associated with recovery work.

Article 16 (Reporting Contact)

  1. To report illegal content, copyright- or trademark-infringing content, other inappropriate content, or misuse of the Service, please contact the following email address:

    abuse@krnk.org

  2. The Operations Team and the Upstream Infrastructure Provider are not in a position to be aware of the User’s content, and reports will be forwarded to the relevant User as necessary. For prompt and accurate handling, please cooperate as much as possible with the following:

    • Submit in plain text and in Japanese or English
    • Do not send from a NO-REPLY or otherwise non-repliable address
    • The reporter’s name, address, telephone number, and email address
    • A static URL or IP address indicating the location of the content (one IP address per report; if there are multiple, send separately)
    • Details of the violation and the reason it constitutes infringement, a legal violation, or a policy violation
    • For copyright infringement: identification of the work alleged to be infringed (title, etc., and a copy or location of the work if possible), and a statement that you are the rights holder or an authorized agent (if an agent, materials demonstrating authority)
    • For trademark infringement: registration details of the relevant trademark (registration number, etc.)
    • For hacking, VoIP/SIP scanning, (D)DoS, malware, etc.: date and time (timestamp), the IP address of the target server, destination and source ports, logs, etc.
    • A keyword indicating the category (e.g., [Child abuse] [Live streaming] [Copyright] [Trademark] [VoIP/SIP] [Phishing] [DDoS] [Spam] [Hack] [Malware] [Gambling] [Zoophilia] [Defamation] [Personal data] [Photos of persons])

  3. Based on the information provided, the Operations Team will investigate and may take measures such as removal of the content or restriction of use as necessary. Procedures for objections (counter-notices) to a claim will be provided separately.

  4. In principle, reports sent to abuse (abuse@krnk.org) will be reviewed and responded to within a maximum of 24 hours. This applies to all services provided by KuronekoServer.

Article 17 (Facilities and Changes)

The Upstream Infrastructure Provider has the right, as necessary, to replace the virtualization platform/hardware with equipment of equivalent performance.

In such cases, if the specifications are equivalent or higher, the User shall not raise objections.

Article 18 (Data Management / Backups)

  1. Data preservation and backups must be performed by the User at the User’s own responsibility.
  2. Data may be lost in the event of failures or contract termination, and the Operations Team has no obligation to restore such data.

Article 19 (Suspension of Service)

  1. The Operations Team may suspend all or part of the Service, in principle after prior notice or a reasonable remediation period (e.g., 48 hours), in any of the following cases:

    • Overdue payment of fees
    • Violation of these Terms, the Individual Provisions, or the prohibited conduct
    • Violation of laws, or a risk of placing the Operations Team or the Upstream Infrastructure Provider in a state of legal violation
    • Exceeding the committed bandwidth, committed transfer volume, or other standards, and failing to remedy this after notice
    • Failure to hold the licenses, permits, or authorizations necessary to use the Service
    • Non-cooperation with an investigation of misuse
    • A suspension instruction from the Upstream Infrastructure Provider

  2. Notwithstanding the preceding paragraph, in cases of high urgency such as DDoS, where there is a risk of serious impact on the rights or services of others, in the case of an order from a law, court, administrative agency, or law enforcement authority, or where there is a risk of causing an Emergency, the Service may be suspended immediately without prior notice.

  3. For reinstatement from a suspension attributable to the User, reinstatement fees and the like may be charged. The obligation to pay unpaid fees and penalties remains even during suspension.

Article 20 (Termination)

  1. The contract term and whether it renews are governed by the contract summary or the application details.

  2. The Operations Team may terminate the contract, after giving notice (or without notice in the case of an irremediable violation or an emergency), in any of the following cases:

    • Where a suspension under Article 19 continues for a certain period
    • Where the User becomes bankrupt, is dissolved, or discontinues business
    • Where there is a material violation of these Terms or the Individual Provisions that is not remedied within a reasonable period
    • Where KYC requirements are not met or false information is discovered
    • Where continued provision of the Service cannot reasonably be expected

  3. The User may terminate the contract through the procedures prescribed by the Operations Team. Prepaid fees will not be refunded except where required by law.

  4. Upon termination of the contract, the Operations Team and the Upstream Infrastructure Provider may erase the data of the User and its End Users. The User shall back up its data at its own responsibility within the notified grace period. In the case of termination based on the grounds for immediate suspension set forth in Article 19, paragraph 2, such grace period may not apply.

  5. Even after termination of the contract, provisions that by their nature should survive—such as the obligation to pay unpaid fees, disclaimer and limitation of liability, confidentiality, log retention and disclosure, and governing law and jurisdiction—shall remain in effect.

Article 21 (Force Majeure)

  1. If the performance of an obligation is prevented or delayed by an event beyond the reasonable control of a party—such as natural disasters, war, terrorism, riots, fire, flood, earthquake, lightning, power or communication outages, strikes or labor disputes, the spread of infectious diseases, changes in laws or government policy, or acts or omissions of third parties (including the Upstream Infrastructure Provider)—that party shall not be liable to that extent.
  2. Even in the case of the preceding paragraph, the User’s obligation to pay fees shall not be exempted.
  3. If a force majeure event continues for more than 60 days, either party may terminate the affected contract by notice to the other party.

Article 22 (Disclaimer / Limitation of Liability)

  1. The Operations Team and the Upstream Infrastructure Provider provide no warranties regarding the availability, performance, recovery time, or fitness for a particular purpose of the Service.
  2. The total liability of the Operations Team is limited to the total amount of fees paid by the User for the Service during the past 6 months. However, this limitation does not apply if such limitation is invalidated by the Consumer Contract Act or other applicable laws.
  3. If damages occur to a third party due to the User’s use, the User shall resolve such matters at the User’s own responsibility and compensate the Operations Team for any damages incurred.
  4. The Operations Team and the Upstream Infrastructure Provider shall not be liable for damages arising from the following: force majeure; acts or omissions of the User or its End Users; attacks such as DoS/DDoS; hacking or other unauthorized access or intrusion; events attributable to the User’s data, settings, or configuration; interactions with third-party software or services; suspension or maintenance of the Service under Article 19 or Article 21; and loss of stored data (backups are the User’s responsibility).

Article 23 (Confidentiality)

  1. The User and the Operations Team shall treat confidential information disclosed by the other party as secret, shall not disclose it to third parties without the prior written consent of the other party, and shall use it only to the extent of the purpose of providing or using the Service.
  2. The following information does not constitute confidential information: publicly known information, information already lawfully held at the time of disclosure, information obtained from a third party with proper authority without an obligation of confidentiality, and information whose disclosure is required by law.

Article 24 (Assignment of Rights and Obligations)

  1. The User may not assign, transfer, or pledge its status or rights and obligations under these Terms to a third party without the prior written consent of the Operations Team.
  2. The Operations Team may have a third party succeed to its status, rights, and obligations under these Terms in connection with a business transfer, merger, company split, or the like.
  3. In providing the Service, the Operations Team may outsource all or part of its operations to the Upstream Infrastructure Provider or other third parties.

Article 25 (Log Retention and Disclosure)

The Operations Team or the Upstream Infrastructure Provider will retain traffic logs and other logs for compliance, incident analysis, and security measures. Types of logs include connection logs, traffic statistics, and system logs.

In principle, the retention period is 6 months, but this may be extended if longer retention is required by law.

If requested by courts or administrative agencies, or if there is a legitimate reason based on law, logs may be provided to the extent necessary. Provision of logs to third parties shall, in principle, be carried out in accordance with legal requests; in other cases, it will be done after notifying the User and/or obtaining consent.

Article 26 (Notices)

  1. Notices from the Operations Team to the User will be made by sending to the registered email address or by posting on the Operations Team’s website or control panel.
  2. Notices from the User to the Operations Team shall be made by the method designated by the Operations Team (such as email).
  3. A notice by email shall be deemed to have arrived at the time it reaches the recipient’s receiving server. The User is responsible for keeping its contact information current and accurate, and shall bear any disadvantage arising from errors in or non-delivery to its contact information.

Article 27 (Intellectual Property)

  1. Intellectual property rights relating to the Service, the website, the control panel, the provided software and documentation, and the like belong to the Operations Team or the rightful rights holders. These Terms do not transfer any such intellectual property rights to the User.
  2. The User represents and warrants that it holds the necessary rights or proper authorization for the content it stores or transmits on the Service.
  3. Third-party software (OS, various licensed products, etc.) that the User uses through the Service is subject to the license terms of that software.

Article 28 (Changes to These Terms)

  1. The Operations Team may revise these Terms and related policies in response to changes in upstream provider conditions or legal amendments.
  2. Revisions will be notified via the website or email. If the User continues to use the Service after notification, the User shall be deemed to have agreed to the revised Terms.

Article 29 (General Provisions)

  1. Severability: Even if part of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue to be valid.
  2. No waiver: The Operations Team’s failure to exercise a right under these Terms does not constitute a waiver of that right.
  3. Entire agreement: These Terms and the Individual Provisions constitute the entire agreement between the parties regarding the Service.
  4. Third-party rights: Except for the Upstream Infrastructure Provider and the Operations Team’s subcontractors, these Terms do not grant any rights to third parties.

Article 30 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan, and the Saga District Court shall have exclusive jurisdiction in the first instance over any disputes relating to the Service.

Last updated: 2026/06/08