General Provisions
The purpose of this Terms and Conditions is to prescribe the conditions,
procedures, and other necessary terms related to the use of Webhard service
(hereinafter " the Service" ) provided by LG Uplus Corporation (hereinafter
" LG Uplus" ). The Webhard Service is an Internet-based data storage service
available only for the individual or corporate users having the nationality
other than the Republic of Korea(" Korea") , which Service intends to
provide users with the best access possible to data storage resources
available through the Internet. The Terms and Conditions shall become
effective as of the date as posted on the Webhard website (http://www.webhard.net).
If necessary, LG Uplus reserves the right to amend, modify and change
this agreement, in whole or in part, and notify such in the same way specified
above. This Terms and Conditions shall be governed by the pertinent laws
and regulations of the Republic of Korea, exclusive of the conflict of
laws.
Subscription for Service
For the subscription for the Service, the applicant must subscribe
to the Webhard Service on line(www.webhard.net) or submit a complete
Webhard Service registration form, which is available at https://www.webhard.net.
With regard to the registration process for the Service, the end-user
shall (1) provide certain current information about the user as required
by LG Uplus for the Service, including without limitation name, the social
security number or its equivalent(in absence thereof, the passport
number) and the address for contact ; and (2) maintain and update
such information as required to keep it current, complete and accurate(hereinafter
such information referred to as "Registration Data"). If LG Uplus discovers
that any of the applicant's Registration Data is inaccurate, incomplete
or not current, LG Uplus may terminate or suspend the right of applicant
or subscriber to access and receive the Service immediately upon notice.
LG Uplus will evaluate the registration application in good faith and
will notify you in a timely manner regarding acceptance or rejection.
LG Uplus may reject a registration application if it determines, in its
sole discretion, that the applicant(or user) is not an appropriate
subscriber or user of the Service, including without limitation false
statement or false document in the registration application, the possibility
to distribute/disseminate obscene contents or any contents hindering
national security, poor personal credits, or any previous or current
delinquency of fee and charge payable to LG Uplus. LG Uplus reserves the
right to refuse the Service to any applicant who has canceled any
number of previous Service accounts. Any applicant under 18 years
of age may not register for this Service. For the subscription for
the Service, the applicant represents to LG Uplus, that the applicant
is 18 years of age or older. Subject to the acceptance of this agreement
and completion of the registration process the applicant will become
a subscriber to the Webhard Service.
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Payment of Fees
The Service Fee of Service is also published in the main webpage(www.webhard.net).
The user shall be responsible for the Service fees charged monthly
for the use of the Service preferably by means of credit card, which
is determined based on the storage capacity following LG Uplus's acceptance
of the service use application. Any objection against such change
shall be made within 30 days following the date of invoice. The service
charge discounts will be separately posted on the same webpage. In
case the discount rates which LG Uplus offers violate the governing laws
and rulings ; the discount policy may be immediately discontinued
or changed without prior notice to or consent with the users. If this
case occurs, LG Uplus will notify the concerned users by telephone or
mail that the discounts have been discontinued ; and the concerned
user cannot raise an objection against such discontinuation or change.
Termination
The user, who wants to terminate this agreement(Terms and Conditions) in any
reason, shall apply for the termination of this agreement three (3)
days or more in advance through the Service homepage, email, or telephone.
Once the application is received, the user's account shall be terminated
on the date so notified and the user's access to the account shall
be restricted. The user shall pay any fees accrued up to the termination
date and shall be solely liable for any loss on the user information(data)
arised after the Service termination. LG Uplus is not liable for the
damage and the user cannot claim indemnity for the damage. LG Uplus may
suspend and/or terminate, at its sole discretion, this agreement and
the end-users account on the occurrence of any of following events
; 1) In the event the end-user is likely to use Service with the intention
or purpose to hinder the national interest or the public interest
of Korea ; 2) In the event the end-user commits, through the Service,
any illegal act or any act in violation of good morals and public
order ; 3) In the event the end-user fails to comply with any of the
User Restrictive Conduct as prescribed hereinunder ; and 4) In the
event the end-user violates material provision of this Agreement,
including without limitation the failure to pay the fees for the Service
in the timely manner.
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User's Account/ID Number
A user account together with the ID number is required to access
the Webhard service and may be accessed and used only by those authorized
individuals who are registered with LG Uplus. A user account will be
opened and the ID number will be provided to the user upon the acceptance
by LG Uplus of the user's registration. The user will choose a personal,
non-transferable password. LG Uplus shall not be liable for any damage
or loss suffered by the end-user attributable to the mismanagement
and disclosure/leakage of its account and ID number, either intentional
or negligent without the fault of LG Uplus.
Third Party Interaction.
During the use by the user of the Service, the user may enter into correspondence
with, purchase goods and/or service, or participate in promotions
of advertisers or sponsors showing their goods and/or service through
the Service. LG Uplus shall have no liability, obligation or responsibility
for any such correspondence, purchase or promotion between the user
and any such third-party
Links to Third Party Sites.
LG Uplus may provide any sites on the Internet that are linked through the Service.
LG Uplus is providing these links to the user only as a matter of convenience.
LG Uplus shall not be responsible for any content, products, or other
materials on or available from such sites.
User Restrictive Conduct.
The user is permitted to store, manipulate, analyze, reformat, print, and display
the Content only for his personal use only. Unauthorized use of the
Service, or the resale of the Service without LG Uplus's prior written
consent, is expressly prohibited. The user is prohibited from copying,
licensing, selling, transferring, transmitting, making available,
distributing, publish, or assign the account/ID number or the content
in any format to any third party. The user shall abide by all applicable
local, national and foreign laws, treaties and regulations of the
Territory in connection with the Service. Further, the user shall
not use the Service to: (a) use information from the Service in connection
with sending unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages, whether commercial
or otherwise; (b) harvest, collect, gather or assemble information
or data regarding other users, including e-mail addresses, without
their consent; (c) transmit through or post on the Service unlawful,
harassing, libelous, abusive, tortious, defamatory, threatening, harmful,
abusive, libelous, invasive of another's privacy, vulgar, obscene
or otherwise objectionable material of any kind or nature or which
is harmful to minors in any way; (d) transmit any material that may
infringe the intellectual property rights or other rights of third
parties, including trademark, copyright or right of publicity; (e)
transmit any material that contains software viruses or other harmful
or deleterious computer code, files or programs such as trojan horses,
worms, time bombs, cancelbots; (f) interfere with or disrupt servers
or networks connected to the Service or violate the regulations, policies
or procedures of such networks; (g) attempt to gain unauthorized access
to other accounts, computer systems or networks connected to the Service,
through password mining or any other means; or (h) harass or interfere
with another user's use and enjoyment of the Service.
LG Uplus has no obligation to monitor the Service and/or Content or any
user's use thereof or retain the content of any user session. However,
LG Uplus reserves the right at all times to monitor, review, retain and/or
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
User Responsibilities.
The user is solely responsible for any and all activities that occur under
its account and ensuring that the user exits or logs-off from its
account at the end of each session of use. The user shall take reasonable
measure to stop, or shall notify LG Uplus Immediately of, any unauthorized
use of user password or account or any other breach of security that
is known or suspected by the user. LG Uplus shall not be responsible
for any unauthorized access to, or alteration of, your transmissions
or data, any material, information or data sent or received, regardless
of whether the data is actually received by LG Uplus, or any transactions
entered into through the Service or failure to abide by this Agreement.
You shall indemnify and hold LG Uplus and its parents, subsidiaries,
affiliates, officers, directors, employees, attorneys, and agents
harmless from and against any and all claims, costs, damages, losses,
liabilities, and expenses (including attorneys' fees and costs) arising
out of or in connection with your use of the Service (including the
Content) in deviation or breach of this Agreement
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Proprietary Rights.
Except for the licenses granted herein, the user shall have no right in or
to the Service or any Content. LG Uplus or its licensors retain all proprietary
right, title and interest, including copyright and all other intellectual
property rights, in and to the Service and Content, including, without
limitation, text, images, and other multimedia data. LG Uplus and/or
Webhard products and Service referenced herein are either brand name
or registered trademarks of LG Uplus.
Disclaimer of Warranties
LG Uplus makes no representation, warranty, or guaranty as to the reliability,
timeliness, quality, suitability, truth, availability, accuracy or
completeness of the service or any content. LG Uplus does not represent
or warrant that: (i) the use of the service will be timely, uninterrupted
or error-free or operate in combination with any other hardware, software,
system or data, (ii) the service will meet your requirements or expectations,
(iii) errors or defects will be corrected, (iv) the service or the
server(s) that make the service available are free of viruses or other
harmful components. The service and all content is provided to you
strictly on an "as is" basis. All conditions, representations and
warranties, whether express, implied, statutory or otherwise, including,
without limitation, any implied warranty of merchantability, fitness
for a particular purpose, or non-infringement of third party rights,
are hereby disclaimed to the maximum extent permitted by applicable
law by LG Uplus.
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Compensation
LG Uplus shall be liable for the non-availability or disruption of Service
which continues two (2) hours or more following the end-use's report
thereof. In case of such non-availability or disruption, LG Uplus shall
indemnify to the amount to be computed in accordance with the formals
of [(the average daily fee for the immediately preceding three months
A 24) X the number of hours for such non-availability or disruption
X 3]. In the event same disruption will occur within one (1) hour
following the normalization of Service, non-availability shall be
deemed as being continued.
Resolution of Dispute
The user and LG Uplus shall exert all their efforts to amicably settle down the
disputes arising from the use of the Service. In case where the parties
fail to resolve such dispute despite all the effort, the court where
LG Uplus head office is located shall have the exclusive jurisdiction
on such dispute
