Chapter 1, General
Section 1. Purpose of User Agreement
This User Agrement has its purpose to define KNS, Inc (Refer as Service Provider) and user’s right, duty and responsibilities for using internet service (Refer as Service).
Section 2. Effects and Change of User Agreement
1. This Agreement will have its effect through notification and publication of the agreement at Service Provider’s Homepage.
2. What if, there is a reasonable cause, the Service Provider can change the User Agreement and when the agreement has been changed the Service Provider will notify without delay. However, if important policy which is related to member’s right and/or duty such as fee, must be changed, it will be notified at least seven days earlier.
3. Member who does not agree for the changed User Agreement, can request the withdraw of its membership and if the member does not request the withdraw within 30 days after the effective date, it regards that member has agreed the changing of the User Agreement.
Section 3. (Additional Regulation of the User Agreement)
The elements which is not written at the User Agreement, we will follow related legislation, manner of business and guideline of each services.
Section 4. Definition of Terms
The definitions of terms in this Agreement are as follow:
1. Service Provider : KNS, Inc.
2. Web Member : Special member who is designated as person or parter company by Service Provider with a contract of service with the Service Provider.
3. General Member : Member who is registered ordinarily.
4. ID : ID is defined as a combination which consist of alphabet and/or digit and chosen by members for using of service and identifying member.
5. Password : Password is defined as a combination which consist of alphabet and/or digit that is chosen by Member to protect privacy and identify member by matching with member’s ID.
6. Abort of Usage : It is defined as limiting the usage of service of members by the Service Provider with the User Agreement.
7. Closing Account : It is defined that Member or Service Provider cancels the user agreement contract after the service usage.
Chapter 2. The Service Contract
Section 5. Service Contract and Service Starting
1. The Service Contract is effective when the member applies with process and pays designated fee and the notify the service starting by the Service Provider.
2. Starting of Service is effective when the Service Provider notify password and ID of account after the opening account within no more three buseinss days from the payment day which is described upper subsection. Service Starting notification date is service fee calculation starting date.
3. Notification is transferred to member automatically via SMS or email which is registered by the member during the registration process.
4. When the member apply the service, it is regarded as he or she agreed with this User Agreement.
Section 6. Approval of Register Application
1. Service Provider approves with a sequence of registration what if there is not specific negligence with a register application which is described in Section 5.
2. The Service Provider may refuse a register application if, the Service Provider find following situations:
(1) If the application is not held by applicant’s official name.
(2) An application which is held by different person’s name. (However, in case of an application along a partner program of the Service Provider, can be regarded as exception.)
(3) If an application is held with false information which is on mandatory field.
(4) If an application is held to harm to social security and public order.
(5) If an application is held without meeting of requirement which is set by the Service Provider for service use.
(6) If an application is held to disrupt other user’s service usage and operation.
(7) If a member in default status.
3. Service Provider may delay an approval if the application is applied following elements:
(1) If an application is difficult to approve by policy of the Service Provider.
(2) If an applicant is a minor which is regulated by related legislation.
4. What if, the applicant guest is younger than 14 years old, to protect privacy, applicant must attach a letter of agreement which is written along the form which is provided by the Service Provider by his or her legal representative.
Section 7. Supporting of Server Environment
The Service Provider should support optimal server environment to operate its website without failure but, the Service Provider does not accept a request which is held by a visitor who has a special separate service environment. However, what if, there is a separate contract between the Service Provider and a visitor to have certain specific service environment, it will be an exception.
Section 8. Service Time
Service usage should be available 24 hours a day, 365 days a year if there is no technical and/or commercial failure of the Service Provider but, the service may stopped for system upgrade and regular inspection and the temporary abort of service which is caused by scheduled tasks, the Service Provider should notify via website of the Service Provider.
Section 9. Abort of Service
1. The Service Provider may abort the service temporarily without notice when there is an inevitable reasons such as, urgent system inspection, an extension and change. The current service may be completely canceled with reasonable cause of Service Provider’s decision such as, changing of new service.
2. The Service Provider may temporarily cease the service with following situations. What if, the situation in cease of service, the Service Provider must notify to members via e-mail and/or other methodology before or after the situation and it can be substituted by notifying via the Service Provider’s website.
(1) In inevitable situation which is related Server equipment
(2) In failure of network connection.
(3) In mechanical failure situation which is caused by natural disaster and/or national security situation.
3. Service Provider is not able to make prior notification when the Service Provider cannot control the situation (such as intention of system manager, disk failure without negligence, system down etc.). In case of situations such as system failure by intention and/or negligence of external party (such as PC communcation company and/or national communication infrastructure company), the Service Provider does not notify the Service Failure.
Chapter 3. Duty of Contract Parties
Section 10. Duties of the Service Provider
1. The Service Provider must provider stable service and protect the any confidential information for protection of member’s right and advantage.
2. The Service Provider must recover its service when there is situation of failure of service as soon as possible.
3. The Service Provider must recover or repair the equipment to provide stable and continuous service providing. But, under natural disaster or national security related or other inevitable situation, the service may be ceased temporarily or permanently.
4. The Service Provider gather members’ private information for smoother service operation and the information cannot be provided third party without member’s approval. But, when there is a demand from related national institute for investigation or there is a demand from Korea Internet Safety Commission or providing private information to credit information business or Credit Information Collection Agency due to default of member, it will be an exception.
Section. 11 Duty of Member
1. Member must be contact by the Service Provider via among e-mail, mobile phone and telephone etc. and all responsibility due to out of contact and could not take any prior notification, is belongs to member. (Refer subsection 2 of Section 30)
2, Member must follow notification elements such as regulation, using guideline and any notices via notification of the Service Provider. Member should not disrupt any Service Provider’s tasks.
3. All responsibilities related for management of ID and Password are belong to member. All responsibility of the result(s) of ignorance of management and illegal use of ID and Password which are provided to members are belong to member.
4. Member cannot make sales activity without prior approval of the Service Provider with the servie and the result of sales activity which is breaching of the User Agreement is not responsible to the Service Provider. Member has duties of compensation to the Service Provider what if, the Service Provider damaged by the sales activities which is breaching of User Agreement.
5. Members must make a payment of fee to the Service Provider.
6. Service can be used for only legally proper purpose and the materials which is harmful for public order (such as pornography or copyright sensitive) cannot be used with E-communication Act.
7. Member must follow a regulation which is settled by the Service Provider when he or she is accessing to server of the Service Provider and the member has duty and responsibility to store information elements (such as materials or DB of website) into separate computer or disk drive.
8. Member must manage private program(s) especially related with payment program by himself with own responsibility and member must use the program which can be operated automatically and properly after a recovery of server failure.
9. What if, a member damaged or lost the account, equipment and software which are provided by the Service Provider, the member must pay the cost for recovery, fix and/or any maintenance.
10. Member cannot provide as collateral and transfer the service access right to other party without clear agreement of the Service Provider.
11. If a member want to know IP log which is related with connection from external party, he or she must record a log with program (such as ASP, PHP, CGI) at domain and if a member needs log record from a server, he or she must request domain IP log registration.
Section 12. Management and Responsibility about Domain
1. The Service Provider only do a domain registration task as a proxy with member’s request and after the registration of domain, change of information and payment of domain fee is responsibility of member. In other words, after the domain registration, member must request a change of private information when the member’s private information has been changed to update the information. The problem which is caused by negligence of private information update, will be on responsibility of the member.
Chapter 4. Service Fee
Section 13. Notification of Service Fee
1. A service fee will be notified at website of Service Provider and fee information will be notified by SMS or e-mail to member or a personnel who has been designated by the member at registration process.
2. The Service Provider is not responsible for about notification of payment therefore, the member must check service period to prevent a ceasing of service.
Section 14. Standard of Service Fee Calculation
1. In a case of monthly service fee, period calculation is starting from a day when the service provider notify to a member about completion of server setting and the period will be ended by day of 15 or 1 in next month along the service start date and the fee is pre-payment.
2. In a case of six-month service fee, period calculation is starting from a day when the service provider notify to a member about completion of server setting and the period will be ended by a day of 6th month from the service starting date and the fee is pre-payment.
3. In a case of annual service fee, period calculation is starting from a day when the service provider notify to a member about completion of server setting and the period will be ended by a day of 1 year from the service starting date and the fee is pre-payment.
Section 15. Payment Method of Fee
1. Member can pay via telegraphic transfer to an account which is designated by the service provider or credit card and the commission of transfer by a bank is burden on transferor.
2. If a member make a payment with a name which is hardly recognizable, the member must notify to the service provider. The disadvantage as like ceasing of service due to negligence of notification about payment name, is responsible to the member.
Section 16. A Contract about Additional Fee
1. A member can upgrade to a higher service which is described at the service provider’s website if member’s site is excess the service traffic criteria and a case which is not described at website, additonal fee can be charged through the consultation.
2. If a member request to KNS Inc, for service transferring task, the service provider may charge fee of tasks. However, the service provider may not responsible to any program or source error during the transferring and when a member requests a fee for correction may be charged through the consultation.
Section 17. Delayed Fee and its Management
1. A payment must be held on or before due date which is designated. If the payment is overdue, it will be managed by following regulation.
(1) If monthly fee is overdue 15 days from due date, all of services (FTP, e-mail, Telnet, Web service) will be temporarily ceased. The contents of ceasing, in case of web hosting, the service contents will be changed to a web page which is provided by KNS, Inc. for describing the cease of service and in case of mail hosting, the service as like log-in, sending and receiving will be ceased.
(2) If monthly fee is overdue 30 days from due date, web hosting service can be cancelled (Delete of Data) and member cannot claim any responsibility to the service provider.
2. In a case of overdue 30 days or over and when a member request a normalizing of FTP account and its service, a member must pay all of overdue amount even the service was not properly operated. However, in case of over two month of overdue period, overdue amount can be discounted up to 50% with a consultation with the service provider.
3. Service Provider may request a credit collection to Credit Information Company for a reimbursement of overdue fee.
4. Service Provider may claim doubled amount of evading amount, when a member evades service fee payment with breaching of User Agreement.
Chapter 5. Limitation and Ceasing of the Service
Section 18. Post of Member
Service Provider may delete without any prior notice if, member’s post(s) of contents within the service is applied following situations: If,
1. The content of post is slandering other member or third party.
2. The content is harmful for public order.
3. The content is related with criminal activities.
4. The content is breaching the copyright or other rights of the service provider or third parties.
5. The content is exceeding capacity and post period which is designated by the service provider.
6. The member posts or pornography or link of pornography.
7. The content is not proper to using purpose of bulletin board.
8. The content is regarded as breaching of legislation(s).
Section 19. Cease of Service Usage
The Service Provider may cease the service usage in following cases: if,
1. A member overdue service fee.
2. A member breached legislation directly or indirectly to use service.
3. A member disrupted service provider’s equipment and damaging other members to use service.
4. A case is applied to following cases:
(1) Re-sale service which is not approved by the serive provider (such as free bulletin board, visitor log book, statistic service, visitor counting, live chatting service)
(2) Using CGI with error (CPU occupancy rate is larger then 10%, or excessive memory occupancy).
(3) Using program(s) which causes overload (such as chatting site, ranking site)
(4) Operating file download archive to cause overload of server
(5) In case of damaging to other hosting member with over daily visitor over 1,000 (prevent of server down due to increment of the number of simultaneous access
(6) In case of attempting or finding log registration of hacking (cracking) to service provider’s server.
(7) The service provider’s server is in danger of hacking (cracking) due to member’s site is weak for security.
(8) Sending large amount of spam mail via hositng server in service.
(9) A member does not accept the request of correction with the User Agreement by the Service Provier.
Section 20. Cease of Service and Process of Normalize
1. When the service provider limit the usage along the Section 19, the service provider may notify a reason and a period in prior to a member or a representative of a member however, if, a cease is due to important failure of system operation since of malfunction or overuse of member, the service provider may cease the service and notify later.
2. If, a member whose service usage is ceased by upper subsection resolve the breaching activity, the service provider may cancel the limit after verification process.
Section 21. Process of Limiting and Clearing Process for Excess Service using Member
1. The Service Provider notify a member when the member’s service usage is excess for applied service capacity (traffic or capacity etc.) via registered contact point and the member must apply higher grade service or eliminate a cause of excess usage to maintain lower than current service capacity within 24 hours.
2. The Service Provider may limit a usage of service temporarily if a member does not held a duty of upper subsection even he or she have received notification of excess usage and when the member eliminates causes. the service provider may clease the limiting process.
Chapter 6. Changing and Cancel of Contract
Section 22. Change of Contract Element
1. When a member want to change element(s) which is applied following elements, the member must apply a change of contract element and pay the cost of changing.
(1) Change of business or personal name and address which is belogs to the member or fee paying reponsible party.
(2) Change of contract type (such as HDD capacity, traffic capacity limit, contract period, using purpose)
(3) Change of domain or account installation
2. When the registered elements at application are changed, a member should update via online and any problems due to negligence of update are responsible to member.
3. Member can withdraw the user agreement and apply cancel of service or signout of membership when he or she want to it.
Section 23. Renewal of Contract
A member and the service provider may configure a period of service with agreement and if, the member or the service provider does not appeal the cancel of renewal of service contract until end of contract period, it is regarded as the contract will renewal with same condition.
Section 24. Succession of Legal position of a Member
1. When a member needs to succeed its legal position due to inheritance, merge, dismemberment, transfer of business or change of manager, he or she must apply the succession with a process which is described at Section 25. with a copy of business registration and other related documents within 30 days.
2. For a legal problem between a member (after receiving of ID of the service provider) and actual user of website must be resolved by two parties and the service provider does not intervene.
Section 25. Tranferring of membership and service right by the Contract
1. A member can transfer membership or part of service right to actual user of website or third party with a confirmation of the service provider.
2. The service provider may transfer the service right and membership after receiving a membership transfer application and a copy of transferor’s and transferee’s photo IDs. (However, if a relationship among partner, transferor and transferee can be identified correctly, the copy of photo IDs submitting can be skipped.)
3. The membership may transferred when the membership was acquired by the third party and cannot be contacted and actual user of service and company would like to receive its membership and/or service right with submitting of a copy of business registration and seal of the company or signature and a copy of Photo ID. (However, if the member can be contacted, agreement between two parties must be held before the process.)
4. When a third party re-apply the service which is canceled by conventional member, the member cannot claim any disagreement.
5. What if, personal member would like to change to as business member, a member can convert via log-in and required process from the service provider.
Section 26. Cancelation of Service Contract
1. When a member would like to cancel its service contract, the member notify to the service provider with process and methodology which is designated by the service provider and overdue fee which is due to a negligence of cancelation request, fee will be calculated by Section 17 Delayed Fee and its Management.
2. When a member would like to cancel the service, he or she must notify to service provider via website, mail or phone call. The service provider may ask about reason of cancellation and the service provider will payback up to 50% of service fee except service fee for period which was regarded as effectively serviced, overdue fee and VAT if applicable.
3. The service provider may cancel service contract without priot notice when a case is applied following cases. The service provider may refuse the member’s application who the member’s contract was canceled by the service provider.
(1) When the elements which are registered at application are false.
(2) In case of intentional disruption of service operation and remarkable damage has been held to the service provider as a result.
(3) After the using is limited by Section 19, and the member does not resolve the causes of limitation.
Chapter 7. Compensation and Immunity
Section 27. Responsibility of Compensation and its Scope
1. When the service has ceased over 4 hours with the service provider’s fault. the compensation for members will be calculated by following process:
Daily average fee of recent three months is divided by 24 and multiplied by service ceased hours and the Service Provider may compensate up to five multiplied amount. If the unit is less than one hour, it will be regarded as one hour.
2. A claim of compensation by a member must be submitted by written document which contains: Reason of Claim, Amount of Claim and Basis of Claim Amount Calculation.
3. The service provider may claim a compensation to a member who held damage(s) to the service provider as a result of breaching Section 11.
Section 28. Immunity
1. Service Provider is not responsible for any damage which is held by use or selection of materials or potential value which belongs to the service and if a member could not acquire expected benefits through using the hosting email and other services.
2. Service Provider is not responsible for members’s activity and results which are related to any damages, responsibility of illegal activity, other compensation and those are belongs to member him(or her)self.
3. Service Provier is not responsible any damages about service which is provided for free.
4. All elements which are described at its website is subject to be corrected,(if it is wrong) not responsible by the service provider.
5. Responsibility of the service provider is limited to an usage of physical hosting service. The contents and value of materials which are uploaded or transferred or received is not responsible to the service provider.
6. Service Provider has not any duty to intervene any conflict about the service between a member and a third party and has not any responsibility to compensate the damage.
7. Service Provider is not responsible for any data leakage and damage due to illegal breaching from external parties.
8. Confirmation of payment of the service provider is based on business hours of service provider, The payment which is held out of business hours will be confirmed in next day’s business hours and the service provider is not responsible for unable of payment confirmation in out of business hours.
9. Service Provider is not responsible for any damages which is described in Section 27 due to following situations:
(1) When it is irresistible situations such as War, Incident, Natural Disaster or any equivalent situations.
(2) When it is held by member’s fault and/or negligence.
(3) When it is held by communication service failure or lack of equipment which are provided by communicational infrastructure business not by the service provider.
(4) When it is impossible to provide service due to irresistible situation in e-communication service.
Section 29. Jurisdiction
Any lawsuit about any conflict which is related with service usage and the User Agreement is held by court which has jurisdiction of registered businee place of the service provider.
Section 30. Special Agreement
1, This section is about any special agreement which is not provided by prior sections and/or helping understand of member.
2. Regulation of rights of each subjects of member (including partners) and actual user etc.
(1) It is additional terminology explanation for better understanding.
1) Web Member: A member who received account (ID and Password) from service provider. A member who has strategic cooperation with a Service Provider.
2) Customer of Member: A customer who visits and/or uses member’s service.
(2) A scope of right and responsibility which are belongs to following objects to service provider.
1) Web member : The highest responsible member for this service and who can act all duty and right to the service provider along this User Agreement. He or She is man of charge who discuss any problems with members and He or She is responsible to manage lower tier members through a partner program.
2) Customer of member : He or She cannot claim any right(s) to the service provider and the Service Provider has duty to protect any information of members.
(3) Regulations for rights of actual users
1) The Service Provider can transfer membership and/or provide information (such as FTP of applicable service) to actual users via confirmation process when an actual user submit any certifying document which is describing that a member cannot held any rights due to out of contact of member because of any reasons such as death, accident, imprison or resignation. However, since it is not compulsory duty of the service, the service provider can refuse the request of actual user.
2) A member has a duty to maintain its contact with the service provider for a problem which is described at subsection (3)-1 and the member also should have smooth relationship with actual user.
(4) The conflict which is held by equal relationship of rights between partner and lower-tier member, is regulated to be resolved by mutual agreement, The service provider dos not intervene into the mutual agreement and the precede along the contents of mutually agreed.
Effective Date: This User Agreement is effective from November 2013.