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1. Purpose This Agreement defines the terms and specifies requirements, procedures and other conditions necessary for the usage of Instant Message based imTEL service (hereunder “SERVICE”) that MSA Communication (hereunder “THE COMPANY”) offers in accordance with the law, ordinances and regulations set forth by Government’s Electric and Telecommunication Enterprise Act. 2. Effectiveness and Change of the Agreement 2.1. This Agreement shall become effective by being posted on line at the SERVICE’s home page (www.imtel.com) and can be changed under reasonable circumstances and unless the changes violate the relevant regulatory regulations. Details of the changes and effective date of the revised Agreement will become effective by being posted on the home page. Changes of important guidelines such as about Members’ right and responsibilities shall be notified prior to the effective date. 2.2. Agreeing this Agreement means that Members consent that they regularly visit the home page and confirm the changes of the Agreement. THE COMPANY is not liable for any damage or loss that incurs to Members due to the Members’ ignorance of the changes of the Agreement. 2.3. Members have rights to withdraw the membership when they do not agree with the revised Agreement. It will be considered that Members have accepted the revised Agreement if they continue using the SERVICE after the effectiveness date of the revised Agreement. 3. Governing Law All conditions not specified in this Agreement will be governed by the law and other legal regulations in accordance with the Electric Telecommunication Law, Electric Telecommunication Enterprise Act, Telecommunication Broadband Promotion Policy, and Privacy Protection. 4. Definitions 4.1. Member: the individual who signs the Agreement in order to receive and use the SERVICE and receives the Member ID from THE COMPANY. 4.2. Agreement: the legal contract that Members sign to be allowed to use the SERVICE 4.3. Member ID: the combination of alphabets, numbers and signs that Member selects and THE COMPANY assigns for identification of the members and their SERVICE use. 4.4. Password: the combination of alphabets and numbers that Member selects for the purpose of verification of the Member by matching with the Member ID, and protection of the Member’s privacy. 4.5. PIN (Personal Identification Number): the number that THE COMPANY assigns to Members for the use of fee-based SERVICE 4.6. Cancellation: the act that Member or THE COMPANY terminates the Agreement. 5. Establishment of the Agreement 5.1. The Agreement becomes effective as a legal contract when Members accept the content of this Agreement and THE COMPANY approves the SERVICE use application by Members. 5.2. The Member enters the Agreement by reading the Agreement posted at the home page, checking the “ACCEPT” check box and clicking on the “MEMBER REGISTRATION” button. 6. Application for Use of the SERVICE 6.1. Customers who want to use the SERVICE as Member must submit their private information (such as name and Resident ID card number) that THE COMPANY requests for application. 6.2. Members are supposed to provide accurate information in their on-line application forms. Therefore, Members who fail to input accurate information shall not be protected their rights by law and do not have a legal right for claims. Under certain circumstances, they may receive limited access to the SERVICE. 6.3. If the Member is found to use the stolen private information (such as name and Resident ID card number) in his/her application, Member ID of that Member will be immediately removed and he/she may be prosecuted upon relevant regulatory regulations. 7. Protection and Use of Private Information 7.1. Information about Members THE COMPANY requests in the application form is used for the purpose of carrying out the Agreement and performing the SERVICE. 7.2. THE COMPANY may share information about Members with its partners for the purpose of enhancing the SERVICE that THE COMPANY and its partners offer. In this case, THE COMPANY posts the arrangement in advance and Members must notify THE COMPANY their disapproval through the posted procedure if they disapprove the arrangement. If the Member continues using the SERVICE without notification of his/her disapproval, it will constitute that he/she approved the arrangement. 7.3. The Members’ information may be provided for criminal investigation, upon requests by Government institutes in accordance with legal provisions such as Electric Telecommunication Enterprise Act, or by Electric Telecommunication Ethics Committee, or by other relevant legal provisions. 7.4. THE COMPANY can create statistical data based on private information of all or a portion of Members for the management of the SERVICE. THE COMPANY can use these data or share them with outside agencies for its internal marketing analysis, advertising or other marketing activities planning. 7.5. THE COMPANY may transmit the cookie to Member’s computers via its SERVICE. Member can reject reception of the cookie or get a warning notice of the cookie arrival by modifying his/her computer’s browser setting. 8. Approval and Limitation of SERVICE Use Application 8.1. THE COMPANY approves the application in the order of receptions of the applications unless there are circumstances in accordance with Section 15 “Termination of SERVICE” or other special conditions. 8.2. THE COMPANY can reject the applications or limit or withhold the SERVICE use when THE COMPANY recognizes the following circumstances. 8.2.1. When the Member applies with false information; 8.2.2. When the Member is considered acting, or having potential of acting, to disrupt the society’s order or customs; 8.2.3. When the Member uses, or is considered to have potential to use, the SERVICE for illegal or unethical purposes; 8.2.4. When the Member does not fully meet requirements in the SERVICE application that THE COMPANY specifies; 8.2.5. When acceptance of additional applications may disrupt existing members’ use of the SERVICE; 8.2.6. When there exist causes for illegal intention or other reasonable causes; 8.2.7. When the Member violates any one of the articles set forth in Section 14.6. 8.3. THE COMPANY can defer the acceptance of application under following circumstances until the gating condition of each circumstance is drastically improved. 8.3.1. When THE COMPANY does not have sufficient infrastructure capacity to accommodate additional applications; 8.3.2. When THE COMPANY faces technical problems; 8.3.3. When THE COMPANY has other internal reasons that prohibit additional applications. 9. Assignment and Change of Member ID 9.1. THE COMPANY assigns Member ID to each applicant with the ID unique and different from existing Members’ IDs, in accordance with the Agreement. 9.2. Member ID shall not be allowed to be changed in principal. If Member wants to change his/her Member ID because of whatever special reasons, he/she should cancel the previously assigned ID first and reapply for the SERVICE. 9.3. If Member applies with the trade marked ID, THE COMPANY can change his/her Member ID with the notice to the Member when the owner of the trade mark raises claim. 10. Cancellation of Use of the SERVICE 10.1. If the Member wants to terminate the SERVICE use, he/she must submit THE COMPANY the cancellation request by e-mail, visit or fax. 10.2. When any of following circumstances occurs to Member, THE COMPANY shall send the Member or the Member’s representative the cancellation notice along with the reason, effective date and duration of termination, seven (7) days prior to the effective date, via in writing or call. If THE COMPANY determines an immediate cancellation of SERVICE use is necessary, it can first terminate the Member’s SERVICE use, and then notify the Member via written notice, telephone call, e-mail or notice on its home page. 10.2.1. When the Member defames THE COMPANY’s reputation; 10.2.2. When the Member intentionally obstruct the SERVICE operation; 10.2.3. When the Member is found to steal other Members’ Member ID and Password; 10.2.4. When the Member is found to provide false information in the application form; 10.2.5. When the Member executes, or is deemed to plan to execute, activities damaging national and/or public interest; 10.2.6. When the Member conducts commercial activities by using the SERVICE or offers the SERVICE to others without approval of THE COMPANY; 10.2.7. When the applicant is deemed not proper Member in accordance with Government’s legal provisions or the use conditions THE COMPANY sets. 11. Availability of SERVICE In principal, THE COMPANY operates the SERVICE 24 hours a day, 365 days a year, except in the special cases that THE COMPANY suspends the whole or part of the SERVICE due to its managerial or technical reasons. THE COMPANY may also suspend the whole or part of the SERVICE based on its operational reasons. In these cases, THE COMPANY shall notify the temporary suspension of the SERVICE prior to or after the suspension. 12. Addition or Modification of the SERVICE In case that THE COMPANY adds or modifies the SERVICE contents and amends the conditions of the SERVICE use, THE COMPANY shall post the notice of the changes on its SERVICE pages, or in other notification methods. 13. Responsibilities of THE COMPANY 13.1. THE COMPANY may enable Member to start using the SERVICE, if there are no special prohibiting conditions, at the same date that he/she applies the SERVICE use. 13.2. THE COMPANY shall do its best effort in providing continuous and stable SERVICE in accordance with the Agreement, and restoring the SERVICE once the SERVICE is disrupted. However, THE COMPANY may temporarily suspend the SERVICE in case of Act of God, natural disasters and other conditions beyond its reasonable control. 13.3. THE COMPANY shall post and abide by the Privacy Protection Act for the protection of Members’ private information. 13.4. THE COMPANY shall attempt immediate resolution on any complaints or claims from Member that are deemed reasonable or objectively proved legitimate, through proper procedures. If the immediate resolution is not possible, THE COMPANY shall notify the Member with the reasons and the future resolution schedule. 13.5. When a minor Member (under 20 years old) wants to use paid SERVICEs, THE COMPANY must obtain consent from the legal guardian of the Member prior to his/her SERVICE use. THE COMPANY must demonstrate evidence of the legal guardian’s consent in court in case that the legal guardian files the protest against the charge for the minor Member’s use of the paid SERVICE. 13.6. THE COMPANY sends the legal guardian of minor Member the monthly statement of the paid SERVICE that the minor Member uses. 14. Responsibilities of the Member 14.1. Member shall abide by the conditions in the Agreement; rules and regulations that THE COMPANY specifies and posts for the SERVICE use; and other relevant regulatory regulations. The Member shall not conduct any acts that disrupt THE COMPANY’s operation and harm THE COMPANY’s reputation. 14.2. Member shall hold absolute responsibilities of, and THE COMPANY is not liable for any loss out of, all consequences caused by Member’s negligence, mismanagement and transfer to the third party of his/her own Member ID and Password. 14.3. Member shall not conduct commercial activities in using the SERVICE without prior approval from THE COMPANY and THE COMPANY is not liable for the result of these commercial acts. And if these commercial activities inflict THE COMPANY with any form of commercial loss, the Member shall indemnify THE COMPANY for the loss. THE COMPANY can demand the Member compensation for the loss through proper legal procedures and can limit the Member’s access to the SERVICE. 14.4. Without clear approval by THE COMPANY, Member can not transfer or donate to another person the right of the SERVICE use and other rights specified in the Agreement, and can not offer these rights as collateral. 14.5. Member shall not infringe intellectual property of THE COMPANY and other third parties. 14.6. The Member shall not commit following acts when he/she uses the SERVICE THE COMPANY offers. The Member is absolutely responsible, and THE COMPANY is not liable at all, for any loss or consequences caused by these acts. If the acts result in damage claim and demurrer other parties filed against THE COMPANY, the Member shall try to secure the immunity for THE COMPANY from these liabilities. If THE COMPANY can not become immune from these liabilities, the Member must indemnify THE COMPANY against all losses caused by these liabilities. In order to protect Members, THE COMPANY can take necessary action such as limitation of the SERVICE use and elimination of the contents without prior consent from Members. 14.6.1. Trade in the Member ID with another person; 14.6.2. Falsely represent as THE COMPANY’s management, employee or related worker; 14.6.3. Change THE COMPANY’s client programs without special authority from THE COMPANY, or intentionally amend or damage the information of other Members that are posted in the website; 14.6.4. Hack THE COMPANY’s server or intentionally sabotage the SERVICE by abusing program bugs; 14.6.5. Conduct commercial activities in using the SERVICE without prior approval from THE COMPANY; 14.6.6. Commercially use the information Member obtains in the SERVICE by copying, publishing, broadcasting, or offering to the third party, without prior approval from THE COMPANY;. 14.6.7. Transmit, post or disseminate, via e-mail or other methods, the contents that infringe patents, trade marks, business secrets, copyright and other intellectual properties of others; 14.6.8. Transmit, post or disseminate, via e-mail or other methods, the information, articles, figures, audios and videos that are vulgar and pornographic in damaging public order or social customs; 14.6.9. Transmit, post or disseminate, via e-mail or other methods, the contents that are insulting and can damage another person’s reputation or privacy; 14.6.10.Harass, threaten or abuse other Members in constant manners; 14.6.11.Collect or store private information of other Members that are not publicly posted, without THE COMPANY’s approval; 14.6.12.Violate other relevant regulatory regulations. 14.7. Member shall immediately notify THE COMPANY of any changes of his/her private information in the Agreement such as address, contact information and e-mail address. 14.8. Member shall comply with THE COMPANY’s request of ID proof documents when THE COMPANY recognizes the Member is abusing the SERVICE and determines to verify the Member’s ID against his/her personal information in the Application form. 15. Termination of SERVICE 15.1. THE COMPANY can terminate the SERVICE under following circumstances. 15.1.1. When the broadband service providers that are defined in Electronics Telecommunication Law terminate the broadband service; 15.1.2. Others conditions beyond reasonable control of THE COMPANY 15.2. THE COMPANY may suspend all or a part of the SERVICE if normal SERVICE performance can not be guaranteed due to national emergency, malfunction of SERVICE equipments, or congestion of SERVICE traffic. 16. Limitation of Liabilities THE COMPANY is not liable for any result and loss caused out of commercial activities Members conduct in using the SERVICE. 17. Recording of Telephone Calls THE COMPANY does not monitor or eavesdrop Members’ telephone calls or calling history. However, THE COMPANY may use total call volume and call minutes as analytic statistics. 18. Advertisement THE COMPANY recoups part of its investment on the SERVICE operation from profits it secures by advertisement insertion. By entering the Agreement, it is considered that Members accept all kinds of advertisement exposed during the use of the SERVICE. THE COMPANY is not liable for any loss or damage caused to Members by their participation to advertisers’ promotional activities or their transactions with advertisers. 19. Management of Posted Materials 19.1. Posted Materials means the materials such as information, articles, figures, audio, video, attached files and so forth that Members post or register throughout the SERVICE THE COMPANY operates. 19.2. THE COMPANY can delete, move or reject some of Posted Materials that fall into following criteria, without prior notification. 19.2.1. The content that insults or expresses hatred against other Members or third parties; 19.2.2. The content that damages public order or social customs, or that offers links to that type of content; 19.2.3. The content that is related to commercial trade of Member ID or cyber game assets; 19.2.4. The content that is pornographic, or that offers links to porno sites; 19.2.5. The content that trades illegally downloaded contents, or that encourages hacking; 19.2.6. The content that is considered unauthorized commercial advertisement; 19.2.7. The content that is objectively recognized to be engaged in crime; 19.2.8. The content that infringes copyright and other rights of other Members or third parties; 19.2.9. The content that is against guideline of Posted Materials that THE COMPANY specifies, or that does not fit with overall characteristics of the bulletin boards; 19.2.10.The content that violates other relevant regulatory regulations. 20. Copyright of Posted Materials 20.1. THE COMPANY owns copyright and other intellectual properties of the Posted Materials that THE COMPANY created. 20.2. Member owns copyright of the Posted Materials that he/she created and posted within the SERVICE space. 20.3. THE COMPANY can not commercially utilize the Posted Materials without consent of the person who posted the materials. Nonprofit use is an exception, and in that case, THE COMPANY owns the right of placement of these materials within the SERVICE space. 20.4. Member can’t commercially use these Posted Materials, without prior approval of THE COMPANY, in the method of copy, publishing, transmission, distribution, broadcasting and so forth. Member can not allow third party to commercially use these Posted Materials either. Infringement of the Posted Materials’ copyrights is governed by relevant regulatory laws. 20.5. Member gives THE COMPANY nonexclusive free-of-charge rights of utilizing the Posted Materials he/she created and posted in the SERVICE space if THE COMPANY or the third party authorized by THE COMPANY performs below activities for the purpose of operation, exhibition and promotion of the SERVICE. 20.5.1. Copy, modify, reconstruct, transmit, exhibit and distribute Members’ Posted Materials in the SERVICE space; and create the second version or edit these materials; 20.5.2. Exhibit and distribute Members’ Posted Materials in the SERVICE space of other related sites THE COMPANY operates; 20.5.3. Offer media and broadband service providers Members’ Posted Materials or allow them to use these materials for the purpose of promoting THE COMPANY’s SERVICE. Even in these cases, THE COMPANY shall not reveal Members’ private information without individual content of each Member. 20.6. THE COMPANY retains the right of utilization set forth in Section 20.5. on the Posted Materials that ex-Member (Member who no longer maintains the membership) created and posted . 20.7. THE COMPANY can not use the Posted Materials for any other purposes than the ones set forth in Section 20.5. without individual consent of each Member. However, in case of THE COMPANY’s merger and acquisition, transfer of ownership, or consolidation of various sites THE COMPANY runs, THE COMPANY can change the location of the Posted Materials without modifications in the original content. 21. Prohibition of Transfer of the Right The Members are prohibited transferring or donating the right of the SERVICE use to another person, and using it as the Member’s pledge. 22. SERVICE Fee 22.1. There are two categories of the SERVICE: free SERVICE and paid SERVICE 22.2. In order to use the paid SERVICE, Member must buy PIN. There are various assortments of the PINs worth of 3,000 won, 5,000 won, 10,000 won, 30,000 won, 70,000 won, 100,000 won. THE COMPANY can add or delete, if necessary, the assortment of the PINs. 22.3. THE COMPANY posts the fee schedule on the SERVICE site, listing various fee structures that THE COMPANY charges for the paid SERVICE. 22.4. PIN is effective for one year after the original purchase date. If the PIN is recharged in the middle of the effective period, the effective period is reset from the date the PIN is recharged. 22.5. If minor Member (under 20 years old) buys the PIN in order to use paid SERVICE, he/she must obtain the consent from his/her legal guardians (such as parents), notify the guardians with the payment details, and register in the site specific personal information including e-mail address of the guardians. 23. Change of Fee THE COMPANY can change the fee structure by posting the details of change on the site at least seven (7) days prior to the effective date, in the same manner as the change of Agreement set forth in Section 2. 24. Calculation of Use Time 24.1. Use Time means the minutes Members use the SERVICE and it is the duration between the moment that the caller and the receiver can immediately communicate each other if the parties choose to do so, and the moment that either party receives a termination signal of the communication. 24.2. The minutes during which the Member can not use the SERVICE temporarily due to the line problem or other reasons beyond the Member’s control are not counted in the calculation of Use Time. 24.3. However, even under the circumstance set forth in Section 24.2, the minutes of communication that are initiated and continued by automatic answering machine, PC or fax the receiver installed in his/her receiving end will be counted in the Use Time. 25. Dispute Resolution 25.1. Member can file the claim to THE COMPANY within three (3) months after the invoice payment date if Member finds the dispute on the SERVICE billing. 25.2. THE COMPANY should notify the claimer with the result of its investigation of the claim in accordance of Section 25.1. , within ten (10) days after receipt of the claim. 25.3. If THE COMPANY can not reply to the claimer within the days set forth in Section 25.2., it should notify the claimer with the reasons for delay and resolution schedule. 25.4. THE COMPANY shall arrange reimbursement in accordance with Section 26. if THE COMPANY recognizes overcharges or inaccurate charges based on its investigation set forth in Section 25.2 and payment of these overcharges or inaccurate charges has been already made by the claimer. In case the payment is not made yet, THE COMPANY shall reissue the claimer the invoice with the renewed payment due date within ten (10) days. 26. Reimbursement of Overcharges or Inaccurate Charges 26.1. When THE COMPANY recognizes Member has already paid on overcharges or inaccurate charges, it immediately reimburses Member for the overcharge of inaccurate charges. If the overcharges or inaccurate charges occurred solely due to THE COMPANY’s fault, THE COMPANY reimburses with legal interest rate or other proper interest rate that THE COMPANY and the Member agree in writing. 26.2. With the consent of the claimer, THE COMPANY can reimburse overcharges or inaccurate charges set forth in Section 26.1. by the method of recharging the claimer’s PIN. 27. Protection of Member’s Privacy 27.1. THE COMPANY shall not release or distribute to the third parties, beyond the scopes set forth in the Agreement, Member’s private information without his/her consent. 27.2. THE COMPANY shall take immediate actions when it recognizes a claim or complaint Member raises is legitimate. However, if THE COMPANY can not take immediate actions, it shall notify Member with the reasons and resolution schedule. 28. Inspection of Use History 28.1. THE COMPANY shall comply with Member’s request of inspection of his/her use history if the Member files the request within six (6) months after initial SERVICE engagement. 28.2. The person requesting the inspection set forth in Section 28.1 must be the Member or the representative who is authorized by the Member and must prove the delegation of authority. 29. Establishment and Management of Department of Member Protection 29.1. THE COMPANY establishes and manages the Department of Member Protection in order to resolve complaints or other issues with regard to Members’ SERVICE use. 29.2. The Department of Member Protection receives complaints and other related issues from Members; records and manages them and replies to Members with the result of resolution within a certain period. 30. Resolution in case of SERVICE Termination 30.1. Prepaid PINs shall not be reimbursed in cash. Only if the prepaid PIN can no longer be used solely due to THE COMPANY’s faults such as the SERVICE termination, Members can get cash reimbursement on their PIN’s remaining value. 30.2. If Member wants reimbursement under the circumstance set forth in Section 30.1., he/she must submit the Department of Member Protection the reimbursement request with the reasons, his/her Member ID, PIN and photo copy of Resident’s Identification Card. 30.3. If THE COMPANY recognizes the reimbursement request is legitimate in accordance with the Section 30.1., it reimburses to the claimer, within one (1) week after receipt of the request, via on line remittance to the bank account the claimer designates or other proper methods. 31. Warranty and Indemnity 31.1. THE COMPANY does not indemnify Members against any claim arising outside the scope of the Privacy Protection Policy with regard to the use of free SERVICE. 31.2. Members have full responsibilities of managing their Member ID’s and Passwords. THE COMPANY does not indemnify Members against any claim arising related to loss or legal consequence caused by Members’ mismanagement of their private information or by third party’s illegal use of the information due to Members’ mismanagement. 32. Liability Exemption 32.1. THE COMPANY is not liable for failing to perform the SERVICE under this Agreement caused by Act of God, natural disasters or other force majeure conditions. 32.2. THE COMPANY is not liable for any loss occurred to Member that is caused by Member’s negligence or ill intention in accordance with the SERVICE use. 32.3. THE COMPANY is not liable for any loss of profits Members expected to obtain by using the SERVICE, or for any loss caused by the data Members obtained in using the SERVICE. 32.4. THE COMPANY shall not offer warranty on the contents that Members post, such as on their reliability and accuracy. 32.5. THE COMPANY shall not hold responsibility of engaging in disputes between Members and/or among Members and third parties. THE COMPANY shall not be liable for any loss caused by these disputes. 33. Governing Jurisdiction The court that holds jurisdiction in the district THE COMPANY is located shall have exclusive jurisdiction over any litigation caused by the SERVICE use. Appendix 1 Effective Date: This Agreement is effective as of September 1, 2004 Appendix 2 Effective Date: This amended Agreement is effective as of December 27, 2004. The existing Agreement effective as of September 1, 2004 is replaced by this amended Agreement. Appendix 3 Effective Date: This second amended Agreement is effective as of July 1, 2005. The existing Agreement effective as of December 27, 2004 is replaced by this second amended Agreement
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