Server Hosting and Colocation Service Agreement of Utilization
Server Hosting and Colocation Service Agreement of Utilization
- Korea Internet Hosting Association General Agreement -
Chapter 1: General Rules
ARTICLE 1 (PURPOSE)
This agreement is purposed to regulate the company and users' (or client) right, responsibility and other various matters while using
server hosting or colocation service (or service) provided by Ehost IDC (or company).
ARTICLE 2 (DEFINITION OF TERMS)
Definition of terms used in this agreement is like the following. And as for the terms that are not defined below, their definition will
be justified by terms deduced from guidance per service specified in relational statute homepage.
1. Server: General term of hardware and software used to exchange data from clients' program connected by the internet.
2. Internet Data Center (IDC): A server exclusive building and facility made to allow server to access mass storage internet
backbone and allow easy management and administration.
3. Rack: Space for storing clients' equipment (server, switching hub and etc.). Unit is U (Unit), Rack (1/8, 1/4, 1/2, full) and square
meter.
4. Line: Physical internet line provided by the ?쐁ompany??that allows internet connection. Unit is M bit/sec or G bit/sec.
5. Traffic volume (File transfer volume): Amount of data that the clients' program upload or download by sending data to the
server during a specific time period. Unit is M byte/sec or G byte/sec.
6. Bandwidth: The actual occupation size of physical line that the clients' program uses in order exchange data. Its' measurement
is width of an average graph drawn about 'Used traffic volume' with a unit of specific time (Multi Router Traffic Graph: MRTG)
and its' unit is M bit/sec or G bit/sec.
7. Colocation service: Service that provides circuit and rack to allow server and network equipment in clients' possession connect
with the internet through IDC.
8. Server hosting service: Service that sell or rent server to the clients who do not own a server, and provide circuit and rack for
internet required services.
9. Additional service: Service other than the basic ones that the company provides in order to make management of service
smoother.
10. Managed service: Additional service in which the client entrusts server's technical management task to the company. Basic
rules and option of this service is listed in our homepage.
11. Security service: Additional service that prevents illegal trespassing and disturbance to service management. Basic rules and
option of this service is listed in our homepage.
12. Backup service: Service in which the company creates an extra copy of client's data and stores it in a separate storage device in
preparation of data storage device breakdown, illegal trespassing or loss of data due to server administrator's mistake. Basic
rules and option of this service is listed in our homepage.
13. Service utilization fee: Payment request that the company request to the client in order to perform service agreement. It
includes irregular expense regarding additional services such as; traffic utilization fee, server installation, technical support
under mutual settlement.
Article 3 (Specifying and Changing Agreement)
1. This agreement takes power by being posted on company homepage (http://ehostidc.com)
2. When the company posts changed agreement, it must state the reason along with existing agreement and display it on
the company homepage 7 days before the starting date.
3. If the client does not agree with the agreement, he or she can bring up objection. However, if the client does not show
disagreement within 7 days after change of agreement and continue to use the service, it will be considered as accepting the
changed agreement.
Article 4 (Application other than agreement)
Any other details that are not listed in this agreement will be followed by relational statue, commercial practice, and guidance per
service listed in the homepage.
Chapter 2: Service Utilization Contract
Article 5 (Principles of Autonomy Contract)
The client can only agree with service utilization agreement not by pressure, but by one's will, and must read, agree and sign
agreement before applying for service utilization agreement.
Article 6
1. The company will post information regarding service type, service information, service fee and other service related
information on the homepage. The client must apply for service utilization based on the posted information.
2. Also, the company will make notice about establishment of new service type, and other changed details through Ehost IDC
homepage. If the change in service information applies with current clients, the notice will be made through homepage and
clients' internet e-mail address. If no objection is made within 7days after the notice, it will be regarded as client accepting the
changed information.
Article 7 (Agreement Approval and Utilization Application)
1. The client can use the service only after he or she has agreed to the agreement posted on the homepage. The client will be
agreeing to the service utilization agreement by selecting the type of service he or she wants from the company homepage and
clicking on 'Agree' button at agreement approval procedure.
2. Service utilization application will be completed after filling in a form that the company has decided; according to the contract's
importance and business need, the company can request for extra written application documents, and copy of documentary
evidence related to the contract such as, copy of business license or as for individual, a copy of identification card.
3. When customer is applying, he or she must enter real name, real information, and user who violates this will be unable to bring
equipment out of IDC even if it is in his or her possession. From this, the client could receive damage on property, receive no
legal protection and regulated from service usage.
4. Personal information that the client provided when applying for utilization will be protected according to related statute and
company's personal information protection policy.
5. If the clients' age is below 14, for personal information protection, when he or she joins company homepage, he or she must
attach a legal representative's agreement form that the company has assigned.
Article 8: (Utilization Application Approval)
1. The company will without special reason accept utilization application according to order if the client applies exactly like the
clauses stated in article 7.
2. The company can refuse application if client applies with the following clauses.
1. When application is completed with no one's real name.
2. If service is applied with use of other name.
3. If information in the application is false entry.
4. While using company service or other company service, there has been a history of attack that promotes network
disorder or similar service that was hindrance to other customer's service usage.
5. Running an illegal homepage according to domestic law or international law. (Ex. Illegal adult stuff, illegal gamble,
terrorist organization and etc.)
6. If the customer is defaulting other service utilization fee.
7. If there is an overdue of utilization fee or poorly used history.
3. The company can withhold approval if following clauses occur.
1. If approval is difficult due to company's circumstances.
2. If customer who applies for utilization is underage regulated by relational statute.
Article 9 (Validity of Service Utilization Contract and Opening of Service)
1. As for utilization contract, if the client applies for service at company's homepage and pays utilization fee, the company will
accept it and utilization contract will be valid.
2. If utilization contract becomes valid, the company will first check deposit of clause above, and then will install corresponding
applied server at IDC, open network and notice address to access client's server and management related account information
via internet email that the client entered in the application.
3. If the client didn't create a written contract document with the company, he or she can replace contract document by: Keeping
documents such as copy of service utilization agreement copy of applying service product information listed at homepage
history of trial service utilization application in company homepage copy of deposited bankbook, credit card or sales statement
keeping tax invoice that the company issued.
Chapter 3: Responsibilities
Article 10 (Responsibility of a company)
1. The company should provide service stably and continuously.
2. The company should prepare enough bandwidth so that the management of network bandwidth that the client contracted will
have no problem.
3. When there is an occurrence of disorder which effects service management, the company must fix or restore the problem and
do its best to maintain stable service management.
4. The company must handle with opinion or dissatisfaction that the client reasonably request immediately or accordingly to the
time and procedure that the company assigned.
5. The company will collect client's personal information and store it for fluent service application and management, and cannot
provide the information to a third party without the person's agreement. However, for circumstances such as: authority having
jurisdiction requesting the information for interrogating purpose according to related statute, Korea Internet Safety
Commission's request or providing information to credit information business or credit information concentration institution
due to defaulting company's utilization fee is an exception.
6. The company will provide convenience to the client regarding contract related procedure between the client such as approval
of utilization contract, change in contract terms, cancellation and etc.
Article 11 (Responsibility of a Client)
1. The client must pay service utilization fee according to the date that the company assign.
2. The client cannot take any action that is a disturbance to service management of other clients.
3. The client cannot use company's service to take any illegal action according to domestic or international law.
4. The client must regularly perform system operation related security update to protect managing server from unauthorized
intruders, and company will not take responsibility for security incident unless the client separately formed a contract with the
company regarding system security service.
5. The client have the obligation to separately save managing server data, and company have no responsibility regarding loss of
hardware, information omission or leakage due to unauthorized intrusion or damage of materials unless the client separately
formed contract with the company.
6. The client must take responsibility related to copyright related problems occurred from his or her operating server.
7. Administrating responsibility of various ID and password is up to the client, and any disadvantage that the client receives due
to its lost is up to the client.
8. The client must modify any change of information regarding service application by taking according procedure as soon as
possible. Any problem that occurs from not doing so is up to the client.
Article 12 (Attribution or Violation of Property Right of Knowledge)
1. Any copyright of work that the company completed and other knowledge property right is under jurisdiction of the company.
The client must not intrude with the company's or third party's property right of knowledge.
2. Client or company homepage visitor cannot use information that he or she gain from company service usage through copy,
send, publish, distribute or publicize for any profit making purpose or make third party take advantage of it.
Chapter 4 Utilization
Article 13 (Principle of Service Provision)
As for service utilization, it is made a rule that without any business or technical disorder, service is to be provided for 24hours a day
with no holidays. However, during regular checkup or upgrade of system, service can be temporarily shut down, and service
suspension due to planned work will be noticed through company homepage or electronic mail.
Article 14 (Service termination exemption key)
If service is suspended due to the following reasons, it means the company cannot control or prevent such situation, so even without
company's special notice, it is not included as company's fault.
1. When service utilization is temporarily suspended within compensation time range according to article 42 because network
equipment unexpectedly malfunctions.
2. When utilization is suspended due to maintenance of service using server malfunction.
3. Unexpected service suspension due to disorder of equipment or organization that is not in possession of the company.
4. When an obstacle occurs from key telecommunication business operator's network path regulated by telecommunication
business act.
5. When normal service cannot be provided or there is a difficulty in utilization due to state national emergency, regional
emergency and natural disaster.
6. Following clauses in article 15.
Article 15 (Restriction of Network Access)
The company can suspend access of managing server network and ask for resolve from the client if the service usage of client is
corresponding to the following clauses.
1. When the client violates responsibility of a client listed in article 11.
2. When client's service utilization fee payment has been delayed.
3. When client server's use of network bandwidth exceeds the contracted amount.
4. When a network disorder due to broadcasting or an excessive packet of server occurs.
5. If client's server is considered to be hacked or infected with virus.
6. When client's server isn't receiving appropriate security update due absence of server administrator and is considered danger
to the service management of company.
7. If client's server causes difficulty to the management of company's service due to excessive use of electricity or creates
excessive heat.
8. When key telecommunication operator request solution for excessive use of international line.
9. When government organization follows proper legal procedure and request temporary suspension of service in order to gain
document evidence.
10. When various regulation of ?쏷he law regarding the promotion of information and communication network use and protection
of information??and regulation of related term from ?쏶pam mail prevention guideline??of the Ministry of Information and
Communication is disobeyed.
11. In case of a DDoS attack, if it is a first attack, it will be blocked for 24 hours, for the second attack, it will be blocked for 72 hours, and if it is a third attack or subsequent attacks, the service will be terminated.
Chapter 5: Change and Cancellation of Service Utilization Contract
Article 16 (Changing or Regulating Service Utilization Contract)
1. The client must take related procedure and adjust any changed information regarding the following clauses immediately.
Any responsibility for problems caused by delay of information change is up to the client.
1. Change of company name, real name or address of client or actual payer responsible for the payment.
2. Change in type of contract (type of product, type of line, access line bandwidth, and utilization contract duration and
utilization purpose).
2. If service is used more than contracted, the company can contact the client to make notice and change contract terms.
3. If product cost increase excessively, even before contract duration the company can increase utilization fee with agreement
from the client. This is the company's fault so if the client cannot agree with changed utilization fee, he or she can unilaterally
cancel contract without having to pay service commission fee related to contract duration.
4. If the client is delaying service payment utilization fee for company, the company can restrict change request.
5. If the company can restrict adjustment application if it cannot afford facilities or provision of technical service is difficult or
when service term is being changed.
Article17 (Automatic Renewal of Service Utilization contract)
1. The company and the client under an agreement can choose service utilization contract duration and if the client or the
company does not mention renewal of utilization contract, it will be regarded as agreement to extension of utilization contract
with the same terms.
2. Contractually, progress of prearranged changed contract (ex. Transfer of Rental Equipment Ownership Contract) will proceed
with the same contents from the previous contract when there is no special consultation from both sides 30days before
expiration date. Any application on service fee due to changed contract, if without special example, will be applied according to
the amount noticed on company homepage.
Article 18 (Changing Client Information Regarding Succession of Legal Position)
1. When legal position formed with the company is succeeded due to inherit, merger, receive of company and etc., succession is
freely decided between the people directly involved, so the company will not interfere unless there is a special reason.
2. The client within 30 days from the day of occurrence, must follow the procedure, fill in the forms assigned by the company and
attach a copy of business license(for individual copy of identification card) and related documents that can confirm legal
succession of position when needed. The procedure is completed after the company confirms and changes client information
that it holds.
3. During succession of legal position, the client must pay the company service utilization fee that includes the day of occurrence;
and if there is any unsettled fee, the company can refuse any task related to succession.
4. When changing client information for succession of legal position, successor must be fully aware of the right, responsibility and
contract term regarding remaining period of contract, and if problem occurs regarding this term, responsibility lies on the
successor.
5. Even though change in client information regarding succession of legal position is complete, if the succession is judged as
evasion of duties and if the successor continuously doesn't fulfill responsibilities regarding service utilization contract, the
company can ask responsibility regarding service utilization contract from the previous successor.
Article 19 (Cancellation of Service Utilization Agreement)
1. After the client applies for service, if within 7 days the payment related to service application is not paid, utilization contract
becomes invalid, so service application will be automatically canceled.
2. If the client wishes to cancel utilization contract, he or she must inform the company at least 30 days beforehand, according to
the procedure that the company noticed in advance. If there is an unpaid utilization fee standardized by the day client wants
cancellation, the procedure will be completed after the payment has been made.
3. If it includes contract regarding time period, if service cancellation is due to client's reason, the company can request for
default commission charge according to article 39.
4. For free service, after cancellation of service utilization contract, the company can automatically cancel without special notice.
Article 20 (Company's Authorization to Cancel Service Utilization)
If the client's service utilization corresponds to the following clauses, the company can cancel service utilization contract with
authority without special consultation.
1. If there is no proper measures regarding unpaid service utilization fee.
2. If information entered in utilization application is proven to be false.
3. If the client intentionally disturbs company's service management and cause damage to the company.
4. If no proper measures are taken about settlement request regarding article 15.
5. If government organization, through legal procedure, request suspension of service because the purpose and process of
service utilization violates domestic or international law.
6. Taking unnecessary actions by using operating server and cause or attempt to cause damage to the company service or other
client's server.
7. Due to excessive number of sent spam mail, using IP is registered as spam mail bandwidth at Real-time Blocking List of
domestic spam mail watch dog.
8. Due to a mass volume network that aims at managing server, management of company service and server of other clients that
share the network receive damage.
Chapter 6: Notification of Essential Articles Regarding Service Utilization
Article 21 (Installing Operation System of Server, IDC Move-In and Opening of Service)
1. After the company confirms payment of server hosting client, it will notice the service opening date after checking company's
schedule and present condition of possessing equipment and facilities such as server.
2. If the client request installation of operating system, the company can ask the client about present condition of possession of
license related to copyright, and the company will complete the request only if the client possess legitimate documents. If not,
the company will refuse installation.
3. If servers' operating system that wants installation has security weakness and further security update is not possible, the
company can refuse installation.
4. Service will start by installing operating system at the server and connecting it to the internet backbone, and start of service
utilization date will be the date of server's move in to IDC.
Article 22 (Equipment Rent)
1. The client can use the equipment by: renting it for a certain period on the premise that its ownership will be transferred to the
company, or renting. When renting, rental fee must be paid monthly.
2. If the rented equipment has problem with service utilization, the client can request the company for change of equipment and
the company has to accept the request immediately. But, if the problem is caused by the client, he or she must burden the
repairing fee and use the equipment after repair.
3. If equipment rental for certain period is canceled before expiration of a term, except for the case in which cancellation reason
is up to the company, the client must pay cancel default commission charge rated by the agreement.
4. If rental fee is overdue for more than a month, the company will make notice regarding payment or return of rental
equipment. If payment is not being made for more than a week afterwards, the company can forcibly make rental equipment
return.
5. As for rental or ownership transfer type equipment, taking it outside the IDC is not possible. If the client need to take the
equipment outside, he or she has to pay the server purchase amount as deposit. Deposit will be refunded after the return of
server.
6. The client must make backup of data regarding management of server before returning the server because after completion of
returning procedure, system will freely be formatted, and the client cannot ask for any responsibility from the company
regarding loss of data.
Article 23 (Installation of Equipment for Co-location Clients)
1. The client must sufficiently test and verify stability of his or her own server before moving it into IDC.
2. In order to install equipment in ownership of client to IDC, the client must inform the company and receive confirmation until
he or she can install at designated spot.
3. For stable administration and protection of other utilizing client facilities, installation is limited to maximum of 25 servers per
standard rack. Also, if amount of electricity consumption is beyond 2.2kw (220watt in standard) per standard rack, the client
must consult with the company to rearrange the equipment, and if rearrangement is not possible, the company can request
for extra electricity bill.
4. The company can control thermal-humidity, power management and spatial rearrangement for service management and
client has to accept the conditions.
Article 24 (Circuit Connection and Provision of IP Address)
1. For provision of access line to the clients, the company makes it a rule to provide one line per applied service.
2. The company makes it a rule to assign one IP address per single equipment (Clients' or rental). If more than one assignment is
needed, the client must have mutual discussion with the company and the company can assign extra charge related to this.
3. If the client is provided more than one IP address, he or she must provide information for current IP address usage whenever
the company requests the information.
Article 25 (Technical Support Procedure)
1. The client must in person administer the server unless he or she made special server administration contract with the
company. The client can ask for technical help when needed, and the company according to policy and level of difficulty, can
request for charge.
2. The client can apply for technical assistance through phone, internet email and homepage log-in. (The company will confirm ID
and password entered when applying for service to identify client)
3. In order to request technical assistance that requires log in with system administrators' authority, the client must create a
backup in an extra storage device before requesting technical assistance, in preparation of data loss.
4. When there is data loss due to worker's fault, the company will restore the system within the backup range. If data that has no
backup, it cannot be restored and the client cannot ask for any compensation or responsibility to the company.
5. The client within 7dyas after completion of technical assistance can inquire result and ask for rework regarding section that is
unsatisfactory or has error. The client cannot ask responsibility to the company regarding problems found afterwards.
6. Compensation fee for data loss or malfunction of system due to technical assistance cannot be greater than 5 times
the technical assistance fee that the client paid.
7. For creating new ID and password due to loss of system administration authority, the company can ask for identification
verification other than ID and password check.
Article 26 (Visiting IDC and Working Procedure)
1. If client wish to visit IDC, he or she must give notice a day in advance through phone or homepage and receive permission.
2. When a worker who is in place of the client is dispatched, visiting IDC is possible only when the worker brings document that
can prove entrust of work.
3. When visiting, client must bring identification card to verify his or her identification, and in visitor record, enter name, entrance
time and etc.
4. It is a rule to maintain minimum number of accessing workers in the server room, and the client must receive additional
permission when changing number of workers.
5. When working in the server room, it is prohibited to contact or change other server, and if the company or other client receives
damage due to erroneous contact with LAN cable or socket, the company can request compensation fee.
Article 27 (Repairing Server Disorder)
1. For site maintaining conservation, the company has the duty to possess same or similar substitution equipment for 2years
after final sale date.
2. Disorder or repair of provided equipment is only offered at company site and IDC that the company uses.
3. Free charge maintenance guarantee period of product that the client purchase is one year from installation date, and
repairment after this period will be charged. However, if server producing and selling company can provide free charge
maintenance after a year, it will be regarded as free charge.
4. For equipment that the client rented from the company, it will receive free charge service for rental period, and when the
ownership is transferred to the client, from the day equipment was used, before a year is free charge and after a year is
charged. However, if the server sale company can provide free charge repairment after a year then the service will be free
charge.
5. Even though product is within free charge period, if the damage is due to clients' mistake, maintenance will be charged. Also,
consumable or abrasive components will be charged regardless of guarantee period
6. Based on article 11 clause 5, the client must on regular basis backup his or her own server in preparation of data storage
device breakdown.
1. If storage device face obstacle, the company must immediately start exchange process of unusable storage device
according to clause 3, 4 and 5 above.
2. The company will not take responsibility for loss data restoration fee caused by physical damage and monetary or
managerial loss caused by damage of data storage device; the client must personally work out system restoration due to
data storage device obstacle. However, if data storage device has problem within one year starting from service
utilization date, the company will provide:
A. Restoration
B. installation & settings work previously provided with charge for free
for operating system. However, for damage caused by the client is an exception.
7. The company is not responsible for equipment that is not provided by the company
Article 28 (Taking Out Equipment during Service Utilization)
1. Even though the service is not being used because equipment has been taken out, service utilization fee will remain the same.
2. Equipment or server that is client owned can only be taken out under the condition that there is no delayed fee.
3. When taking out equipment, if the client is a business operator, he or she can take out the equipment after submitting a copy
of business license and if the client is an individual, he or she can do so after submitting a copy of identification card. If the
client is not receiving in person, he or she can still take out the equipment through substitute with letter of autonomy attached.
Article 29 (Handling of Equipment that is in Possession of User with Canceled Service Utilization Contract)
1. When canceling service utilization contract the client must take out equipment of his or her ownership right after cancellation,
according to the procedure listed in article 28 clause3. It is a principle for the client to receive the equipment in person and if
the client wants delivery through parcel or other agencies due to certain reason, the company will not take responsibility for
damage or loss.
2. Despite the case such as clause 1, if the company has to store the server for more than a month, storage fee of 50
dollars/month per UNIT will be charged and the company will not hold responsibility for damage or loss of data during storage
of canceled clients' equipment.
3. If the client does not pick up the equipment after 3 months, the company will make prior notification about disposal of
equipment to the address that the client entered in service application. If the client does not pick up his or her equipment 2
weeks after the notification, company has the right to dispose clients' equipment and the client cannot ask for responsibility
from the company.
4. If the client reuses the service after canceling service utilization contract, he or she can be assigned changed IP according to the
company's standard of IP usage, and service can be recommenced with changed server location. Also, for clients who wish to
reuse the service will have to apply for new service and new installation fee can be charged.
Article 30 (Prevention of Illegal Spam Mail)
1. 'Spam Mail' is a mass internet email with commercial advertisement purpose that is transmitted against receivers' will or
without receivers' agreement.
2. The client must abide by regulations regarding spam mail, justified by 'The law regarding the promotion of information and
communication network use and protection of information' and 'Spam mail prevention guideline'.
3. The company will receive complain related to spam mail; it will designate a person in charge / manage spam mail and will
notify information on the company homepage.
4. The person in charge of the spam mail will answer measures to be taken regarding complaint within 7days; however, if the
reply is delayed, person in charge of spam mail will notify of delay to the complaint reporter in advance.
5. If the spam mail complain is caused by user equipment within the company, person in charge of spam mail will request for
solution from the client through internet mail, and the client is to notify the person in charge regarding solution to this
problem within 7 days. However, if the reply is being delayed due to clients' reason, he or she is to report the reason to the
person in charge of spam mail in advance.
6. If the client does not abide by the regulations mentioned in clauses above, or does not follow information in clause 5, the
company can take measures such as: suspending service and accuse or report to 'The Ministry of Information and
Communication', or related administrative agency or judicial authorities.
Chapter 7: Prevention and Reaction to Electronic Security Incident
Article 31 (Justification of Electronic Security Incident)
1. ?쏣lectronic infringement??is attacking information system through hacking, computer virus, logic/mail bomb, refusal of service
or high power electromagnetic wave.
2. ?쏣lectronic infringement incident??is an occurrence caused by infringement.
3. ?쏶ecurity threat??is causing reason of damage or harm to security of information system.
4. ?쏶ecurity weakness??is weakness of information system that is subject to security threat.
Article 32 (Responsibility of Company Regarding Prevention and Reaction to Electronic Security)
1. The company will frequently provide notification regarding hacking, computer virus and security related information that can
be a threat to clients' information network system through internet mail or homepage.
2. The company, for security and reliability of client equipment and network of whole IDC, can regularly or irregularly analyze
clients' interior network weakness.
3. After analyzing security weakness, the company will provide result and solution to the client to apply for strengthening security
of clients' interior system and network.
4. The company will not reveal client information gained from security weakness analysis to a third party, and will not use the
information for any other purposes other than strengthening of client interior system and network.
5. The company will assign following person to be in charge and manage receiving and resolving of infringement accident.
Article 33 (Responsibility of Client Regarding Prevention and Reaction to Electronic Security Incident)
1. The client must take appropriate security measure regarding information system to prevent infringement accident.
2. The client must review warning and security weakness related information provided by the company and faithfully perform
matters of indication for preventing security infringement.
3. The client cannot use company's or other clients' information system for infringement that threatens security of the company
or other clients, like the following.
1. Spreading computer virus or malicious program
2. Scanning information system other than that of the clients' for weakness
3. Unauthorized illegal invasion of information system other than that of the clients'
4. Disturbing service through inducing massive traffic and etc.
5. Other infringement action that disturbs the company from providing normal service.
4. Assign a person in charge of emergency contact who can answer 24 hours with the company regarding infringement accident,
and notify the persons' phone number, mobile phone number and internet email address to the company. If the contact
information of person in charge is changed, the client must notify the changes to the company immediately.
5. The client must contact the company's person in charge of the infringement accident if there is a symptom or infringement
accident to the managing information system.
Chapter 8: Service Utilization Fee - Refunds are only available in case of a service defect.
Article 34 (General Principles of Service Utilization Fee)
1. Service utilization fee details and changes will be notified at company homepage according to article 6.
2. Type of service utilization fee that the client must pay is like the following
1. Installation fee: Payment for opening of new service or reinstalling of service while using.
2. Service utilization fee: General fee per service type.
3. Additional utilization fee: Utilization fee for exceeded service standard or additional service.
3. Installation fee for new service stated in clause 2 sub-clause 1, is payment made only once for new service or installation
change. There will be no refund after payment has been made.
4. It is a principle to pay utilization fee in advance; however, according to the company's policy or type of service, payment can be
made afterwards.
5. During utilization contract period, even though there is a change in utilization fee, it will not be retrospectively applied to the
present contract without special reason.
Article 35 (Payment of Service Utilization Fee)
1. The client must pay service utilization fee at payment due date. If not, restriction to network access according to article 15 or
utilization contract based on article 19 can be cancelled.
2. Utilization fee payment can be made through credit card, online payment or electronic payment, and unless due to an
inevitable reason, it cannot be paid directly through cash.
3. If the client pay utilization fee with a name that the company cannot recognize, the client has the responsibility to make notice.
Disadvantages such as service suspension that arise from not noticing is up to the client.
Article 36 (Calculating Service Utilization Fee)
1. Calculation of new server utilization fee will be done based on service opening date, and according to the payment period
decided by the company, payment date and payment amount will be calculated.
2. If the client who made advance payment changes or cancels service while using, calculation regarding current service
utilization amount and balance is like the following.
1. Utilization amount = [Prepayment sum quota by month x number of utilization month till last month] + [Prepayment
sum quota by day x number of days used that month]
* Prepayment sum quota by month = prepayment sum/prepayment number of months
* Prepayment sum quota by day = prepayment sum quota by month / 30 days
2. Balance = prepayment sum ??utilization sum
However, if canceled client or client changing to lower rank service received discount for advance payment, usage sum
will be standardized by normal amount without discount.
3. If client who made advance payment cancels in the middle of utilization, utilization fee will be refunded according to the
following clause.
Calculate utilization fee quota by day for utilization opening date to canceling date by applying company's normal monthly fee
with no discount, and refund 90% of the advanced payment which excludes usage sum within 15 days after cancellation apply
date. Non-refundable 10% is the cancellation fee charged in which the client pay for canceling the service utilization contract
before contract termination date.
4. If client who pay afterwards cancels in the middle of utilization, calculation for service utilization fee of cancellation month is
like the following:
1. Service change utilization sum
Changed utilization fee = [Previous service utilization fee / 30 days x that month service utilization days] + [New service
utilization fee / 30days x that month service utilization days left]
2. Service cancellation usage sum
Cancellation usage sum = that month service utilization fee / 30days x that month service usage days
Article 37 (Management Regulation of Delayed Service Utilization Fee)
1. If the client does not pay service utilization fee after payment due date, subsequent service utilization will be restricted, and if
not paid after 7days from utilization restriction date, the company, according to article 19 can cancel service utilization
contract.
2. The company can ask credit Information Company for credit collection to receive delayed utilization fee.
Article 38 (Imposing Loss Incurred by Delay)
1. If the client does not pay utilization fee until the assigned due date, the company can request 3/100 of the amount as delayed
compensation fee from the client.
2. As for delayed compensation fee according to clause 1 above, it can be requested additionally to the delayed fee, from the day
after the payment due date
Article 39 (Claiming Agreement Cancellation Fee)
If there is an agreement related to contract period when selecting service on homepage or filling in service application form, when
due to clients' cause, the service is canceled before agreement termination period, without special term, the company will request
compensation fee according to the following standards.
Article 40 (Objecting to Requested Payment and Handling of Excess Payment & Payment Error)
1. If the client has objection regarding payment request, he or she must report the company within 15 days and the company will
notice the result through writing or cable within 7 days.
2. If the company due to unavoidable reason cannot make notice of result during the period decided according to Clause 1, He or
she must do so through writing or cable.
3. If there is excess or mistake in payment, it is principled to make offset disposal of the amount with new service utilization fee. If
refund according to excess pay is requested, the amount will be deposit into the account that the client choose and will not be
refunded through cash.
4. It is a principle to regard credit card payment by canceling sale of credit card payment; however, if the canceling of sale is
impossible due to overtime, the company will refund after taking out 5% commission fee.
Article 41 (Collection of Evaded Fee)
If the client does not obey these terms in agreement, and get away with utilization fee, the company can request double the get away
fee.
Chapter 9: Compensation Fee
Article 42 (Range of Compensation Fee)
1. If due to company's cause, the client is unable to use the service, the company has to compensate for the damages.
2. If the client is unable to use the service due to company's fault, the company will provide compensation for continuous
suspension of service provision over 4 hours from the time company was informed about the problem by :
Finding the number gained from dividing average daily charge of recent 3 month (for below 3 months, apply affected period)
by 24 (time) and multiplying the number by the number of suspension hours. Compensation will be made based on 5 times the
final number. In this case, if the minute is below 1 hour, it is considered as one hour.
Article 43 (Requesting Compensation Fee)
1. Compensation request must be made by writing request reason, request amount and basis of calculation.
2. Compensation request like clause 1 must be made within 3 months after finding out the reason or else right of claim will
disappear. Same applies for 3 months after occurrence of compensation reason.
Article 44 (Requesting Compensation Fee from Client)
1. If the client violates terms regulated by the agreement and cause damage to the company, the company can request
compensation from the client.
2. When the company asks the client for compensation, the procedure will adapt rules from article 43.
Article 45 (Exemption)
1. If the clients' damage is due to reasons of article 14, 15, 20 and clause 4 of article 27 and clause 6 of article 27, or company's
exemption from article 6 of this agreement, the company has no responsibility regarding compensation.
2. The company has no responsibility if the client didn't gain expected profit from provided company service or received damage
from expected value, selection of service information and service utilization accompanied from service usage.
3. For clients who do not use back up service provided by the company, they should autonomously always back up, and any
damage caused from not doing so is not the company's responsibility.
4. The company will not take responsibility for damage caused by product deal between client or user and third party with service
as medium.
5. The company will not take any responsibility regarding free service provided from the company.
Article 46 (Resolve of Dispute)
1. If there is any dispute regarding agreement or service utilization, it is principled to contact Korean Commercial Arbitration
Board to request for mediation.
2. If there is a legal dispute, it is to be raised to a competent court of company location.
Article 47 (Expressing Conclusion of a Contract)
1. The company promise to faithfully abide by the agreement above and will replace signature by service provision.
2. The client promise to faithfully abide by the agreement above and will replace signature by paying for service application fee.
This agreement is in force since 1st October 2007.
Ehost IDC
