legal:terms_of_service [Homura Network Docs]

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# TERMS OF SERVICE

> 	Please ensure to review the following:
>
> 	[Terms of Service](https://docs.homura.network/legal/terms_of_service)
>
> 	[Acceptable Use Policy](https://docs.homura.network/legal/acceptable_use_policy)
>
> 	[Abuse and Network Policy](https://docs.homura.network/legal/abuse_and_network_policy)


## 1. Introduction

- Thank you for choosing Homura Network Limited. Your use of our services implies your agreement to abide by the terms and conditions outlined in this Terms of Service (TOS).
- We have the authority to make alterations to any of the terms and conditions stated in this document at our own discretion, at any given time and as frequently as necessary. Additionally, we may revise referenced policies, fees, and guidelines without providing prior notice to you.
- We will update the date of any changes to our Terms of Service (TOS) and related terms on our page. You can check and compare these updates at your convenience.
- We appreciate your interest in our services. By using them, you signify your agreement to these terms. Should any part of these terms not align with your preferences, we kindly ask you to reconsider using our services.
- For any violations of this Agreement, we request that you report incidents via email to abuse@homura.network.

## 2. Related Documents

- We urge you to review the following policies for a comprehensive understanding of our terms:
	- "Acceptable Use Policy"
	- "Abuse and Network Policy"
- This TOS should be read in conjunction with the aforementioned policies.
- While our TOS provides a general framework, specific stipulations listed on the purchase page will take precedence over this document.

## 3. Acceptance of TOS

- Your payment or continuous usage of our services signifies your acceptance of Homura Network Limited's TOS.
- By engaging our services, you confirm your agreement with these terms.
- In case of a dispute arising from a breach or non-compliance of these terms, our liability is limited to what is stated in this TOS. Any related losses will be borne by the customer.
- For queries or concerns, please reach out to our customer support via our ticket system or at support@homura.network.

## 4. Account and Security

- Upon registration for our services, you will be required to select a primary email and password. For your own security, these details should be kept confidential.
- Your chosen email will be our primary means of communication, so we recommend selecting one that is checked regularly.
- Any actions taken from your account will be considered as your own, so we urge you to keep your login credentials secure.
- In the event of a security breach or unauthorized access, inform us immediately.
- Ensure that homura.network is not marked as spam by your email filters.

## 5. Payment and Contact Information

- **To ensure smooth transactions, especially if you opt for payment via the Paypal gateway and Stripe Credit Card Payment, provide accurate contact information. Providing false or inaccurate contact information could result in account termination.**
- We use [Fraudlabs Pro](https://www.fraudlabspro.com/) for fraud detection. If a payment is flagged as fraudulent, we may require further information from you.
- The final amount payable will be reflected on the bill generated at the payment page. Prices displayed in the shopping cart are for preview purposes only.
- We retain the right to adjust prices for renewed services, and customers must confirm these during payment.

## 6. Support

- Unless explicitly mentioned, our services are unmanaged.
- We aim to respond to support tickets within three business days.
- To expedite resolution, please select the appropriate department when filing your support ticket.
- Our support team provides services in English, Simplified Chinese, and Traditional Chinese. Limited support in Korean and Japanese is also available.
- **Note:** Using offensive language, spamming or advertising, and submitting multiple tickets for the same issue may result in suspension of your account.

## 7. Account and Data Management

- We attempt to identify account holders as natural person and/or juridical person. Accounts under the same entity are subject to the same limitations.
- Customers are expected to monitor their account bills and renew services as needed. In case of non-renewal, services may be suspended, and data may be lost after the expiration of the service.
- Homura Network Limited may erase any associated data without further notice if a service expires or be cancelled.

## 8. Disclaimer

- Homura Network Limited does not possess the authority to verify if a customer holds a compliance license. All disputes arising from the customer's business activities should be addressed directly by the customer.
- Customers are responsible for ensuring their data's security. While we aim for utmost reliability, we cannot guarantee against unforeseen issues.
- We are not responsible for data loss stemming from hardware malfunctions or customer-initiated problems. However, if data loss arises due to our errors, we will offer assistance but cannot ensure complete recovery.
- Homura Network Limited is not liable for data inaccessibility or losses attributed to external disruptions such as societal events or disruptions, natural disasters, or significant internet outages.
- We also disclaim responsibility for service inaccessibility resulting from DDoS attacks or instances of hacking.

## 9. Refunds 

- **This section will exclude NAT service and IPv6 Only Service.**
- We accept refund requests for any product within 24 hours of purchase, provided the request is reasonable. No replacements will be offered and refunds are limited to one type of product.
- The 24-hour refund request window begins from the time the service is activated, and it's based on when the ticket for the refund is submitted.
- If service offline over 48 hours due to our responsibility, except mentioned above, you may apply for a refund proportional to the remaining service time.
- All approved refunds will be credited back to your account balance rather than the payment way due to the service fee.
- Disputes initiated through payment gateways without prior communication with us will not qualify for refunds. In such cases, we reserve the right to terminate all products associated with that account and restrict access to it.
- **Please note that we do not offer refunds under these circumstances:**
	1. Violation of our Terms of Service (ToS) and additional terms.
	2. Exceeded 30GB of outboard data usage.
	3. IP Changed after use. 
	4. Frequent instances of making purchases and repeatedly asking for refunds.

## 10. Suspension and Cancellation

- Violation of the Acceptable Use Policy (AUP) and additional terms.
- Receipt of abuse reports related to the service.
- Expiry of the service without subsequent payment.
- Payment transactions flagged as fraudulent.
- If a customer violates these agreements, Homura Network Limited reserves the right to terminate services, suspend the service, and delete the customer account. Payments made will not be refunded, and the customer will be held financially responsible for any damages or fines resulting from the violations.

## 11. Modify account information and service transfer

- The account's email address is one and the only identifier for the account. We can only modify this email for security purposes. Modify email address for transferring services is strictly prohibited. Before we proceed with any changes, we must verify your identity through both your email and payment records. Please note that we reserve the right to refuse any alterations.
-  Service transfers can be manually processed and are permitted between existing users at no cost. However, if a new user needs to be manually created in our VM management system and assigned service, a transfer fee ( US$2.00(USD) or HK$10.00(HKD)) will apply. Before requesting a service transfer or account information modification, all outstanding invoices must be paid. The process for transferring services is as follows:
    1. The recipient creates a ticket including: package name, package details (bandwidth, transfers), and renewal fee.
    2. The current owner creates another ticket containing: recipient's email address, package name, package details (bandwidth, transfers), renewal fee, service ID.
    3. If the recipient have none of service in our system, a invoice will be generated to recipient. 
- Any service transfer with abuse incident will be not allowed. The recipient will be responsible for addressing any abuse reports that occur after the transfer.

## 12. Severability

- If any provision of this agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

## 13. Resolution Process

- For any concerns or issues, we encourage you to reach out to our customer support via our ticket system or at support@homura.network. We are committed to resolving matters amicably.

## 14. Jurisdiction

- Homura Network Limited is registered in a specific jurisdiction. All legal disputes related to this agreement will be addressed exclusively by courts within that jurisdiction.

## 15. Language Discrepancy

- In case of discrepancies between translated versions of these terms and the English version, the English version will always take precedence.