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Service Agreement
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Home > Service Agreement |
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Chapter 1: General Provisions |
| Section 1 (Purpose)
The purpose of this service agreement (Hereafter called "Agreement") is to regulate various subjects, condition for membership and other items between tradegoods.com Co., Inc (Short stands: TDGD co., Inc : Hereafter called " the company") and the customers (hereafter called "members") that are necessity to use the services offered by tradegoods.com (Hereafter called "services").
Section 2 (Validity and changes of the agreement)
1. The agreement come into effect to all the members whose trying to use the services.
2. The agreement and revised agreement come into effect as they are announced on the web site of tradegoods.com, and the company may modify the agreement when there is a reasonable cause without affecting related laws and ordinances.
3. The company must immediately announce any changes to the agreement (if there is any) on the tradegoods.com web site.
4. Consenting on this agreement will be consider to mean agreement that you are visiting the tradegoods.com web site on regular base to confirm the changes of the agreement. It is each user's own reasonability to update with any new information because the company will not hold any responsibility for any damages that might have caused by the changes of agreement.
5. Those members refuse to consent this agreement will be considered as withdrawal(Termination) and if a rejection is not received by the company after 3 days of the agreement took effect, it would be considered as a agreement.
Section 3 (A standing rule)
1. This agreement is applied together with service information (Hereafter called "information for service") about individual service that is offered by the company.
2. The Sections that are not described in the agreement will be grounded on the purport of the information for each service and the related laws and ordinances.
Section 4 (Definition of Terminologies)
1. The "customers' refers to all the members and non-members who are using the service.
2. The "'service agreement" refers to a signed agreement between the customers and the company related to the services.
3. The "user ID"refers to combination of words and/or numbers that is selected by the customers and approved by the company to identify the customers.
4. The "pass word"refers to combination of words and/or numbers that is selected by the customers.
5. The 'terminal' refers to a customer's modem or a personal computer to use the service offered by the company.
6. The 'termination' refers to the cancellation of the service by the company or by a member.
7. The member refers to both the paid customers and free memberships.
8. Other people is consider all other people except he/she self. |
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Chapter 2: Singing the service contract |
| Section 5 (Materializing the service contract)
1. This service contract becomes materialized as the company approves the consent of the customer's agreement on this service agreement or the implication of the usage.
2. The consent of this agreement will become materialized when the customers clicks the "agree" button of the tradegoods.com web when filling out the application. In addition, the same rule is applied to the implication usage.
Section 6 (Requesting service)
1. Anyone who wishes to use the service must provide various information requested by the company. (Name, contact number, country, e-mail and other necessary contact information)
2. All the members must provide their own name and other information to use the service and if anyone registered any false information would have no right to exercise.
3. Only one's real name is allowed to register as a member and the company could investigate its authenticity.
4. Any member who plagiarized another's name would be punishable according to the related laws and ordinance.
5. The company may grade the members who are using the company's service differently according to the member's level by subdividing the service menu per service usage time and the usage frequency.
Section 7 (Offering services and the changes)
1. The company offers following services to the members.
1. Web hosting service
2. E-mail hosting service
3. Electronic shopping mall solution rental service
4. Section and contents service for the members and custom service
5. All the service that the company would develop or a cooperation with other
company by a contract.
2. The company may offer modified services after announcing the changes of services and the date of changes by announcing on the tradegoods.com web page.
Section 8 (Consumer privacy)
1. The company respects and advocates the customer's privacy.
2. The company collects information about the customers when the customers provides information to participate in an event and the company use the information to provide services based on the contract or to exercise the service.
3. The company may not disclose the customer's privacy to the other 3 rd party without the customer's consent. However, the following cases are exception.
1. In order to calculate the expenses to provide the services.
2. In case when a personal information is provided in a processed format for the
purpose of market investigation, or to prepare statistic analysis.
3. In case if there is a request from related law in the orders of process and
method for the purpose of investigation.
4. In case if there is a specific regulation in other law.
5. In case if there is a request from a telecommunication committees according
to the related law.
6. In order to provide advanced and various kinds of information to the members.
4. The company may provide services in cooperation with (TM, SMS and sending soliciting email) the other professional business firm or perform TM internally to provide various kinds of services described in the Section No.3.
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1. In case if the company plans to provide a service that requires professional
knowledge, experience and consultation, it will under the consent of the members, provide service in cooperation with the other professional business firm and at this point, the information about the firm, name of the firm, reason for sharing and the information that has been shared with the firm will be announced.
2. When providing cooperation service with the other professional business firm, it is possible to disclose the minimal amount of information about the members
for the service and it will be managed and strictly secured as followings.
1) The information that has been share will not be used for other purpose except for the professional service. 2) If a member refuses to consent on the release of the information for the service in the prior or at anytime, the company will not release any information to the professional business firm.
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5. Consenting on the personal information usage stated in the Section no.4 is considered to mean agreement to this agreement.
6. The members can always at anytime refuse to release the personal information and the request will be done by completing the termination request.
7. For more detail information about personal privacy, please refer to the personal information protection law.
Section 9 (Approval of service request and the restriction)
1. The company will approve the customers in principle based on the Section No. 6 unless there is no problem with technology or in business performing as the order it was received.
2. The company may not approve the service request in case of the followings.
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1. In case if the service requested was made by not he/she's real name or if illegally used other's name.
2. In case if the information provided in the service request application is not true.
3. In case if the service is to be used for inappropriate purpose.
4. If an applicant is the competitor of the company's service.
5. All other request that would breach the regulation.
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3. If a service request is subjected to apply the following cases, the company may reserve an approval until the cause of restriction is resolved.
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1. In case if the company has no capacity for the service.
2. In case if there is a problem with the company's technology.
3. In case when there is a difficulty to accept the request.
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4. If the customer who requested the service is minor, the company may reserve an approval according to the services determined in service information.
Section 10 (Changes and granting User ID)
1. The company will grant user ID to a customer according the company's agreement.
2. Changing the user ID is forbidden in principle however, if the changes are necessary, you must go through the changing process of the tradegoods.com.
3. The customers who have user ID of tradegoods.com may use the same ID with the company's subsidiary web site company as stated in the agreement.
4. The user ID can be changed if subjected to following cases or by the request of the customer or the company.
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1. If there is a possibility of violation in personal privacy because the user registered its real name or its telephone number.
2. If it could create a sense of aversion or if it is against public moral.
3. If there is reasonable causes.
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5. The liability of security lies with the user for the user ID/password and if there is
any damage by the misuse of the ID caused by the third party, the liability solely
lies on the user.
6. All other details about user's personal information management and changes should follow the instruction of each service. |
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Chapter 3: Duty for contract parties |
| Section 11 (The company's duty)
1. The company should provide services in the requested inception day by members unless there is no special condition and provide reliable services continuously.
2. The company should establish system that protects personal information, respect, and announces the protection policy.
3. The company should resolve complaints from a customer if the complain is fair. If there is a problem to solve the complaints right away, the company should notify the customer about the reason and the delay.
Section 12 (The user's duty)
1. The member should follow the company's agreement, related laws and ordinance and the company's announcement and the member are forbidden to exercise any act that would damage the integrity of the company or interfere the company's business.
2. The member should notify the company about any changes with address, contact number, email address through the corresponding process.
3. When registering for the membership, the user must use the information based on the true information and if registered using another's name will have absolutely no right to exercise as a member.
4. The members are prohibited to sell, donate, provide the positioned acquired by the agreement as a security and the right to use the service to others without the consent of the company.
5. The members must not pirate the company's and the third parties' intellectual property.
6. The company may put appropriate restrictions on the member who exercised the following action.
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1. When registered with false information for the membership and when changing the prior information.
2. Fraudulent use of other user's ID and password.
3. If make truncation with others of other's ID.
4. If impersonate as the company's personnel, employee or related personnel.
5. If changing the company's client program, hacking the company's server or change information on the web site of the company partly or wholly without the company's authority.
6. If damage or interfere the service on purpose.
7. If duplicating the information gained by the service for other purpose; to use for publishing or broadcasting or provide to the third party without the prior consent of the company.
8. Act of circulations that are vulgar and lustful information, sentences, diagrams, sounds, sending movie clips, posting or sending email of the kinds and all other methods that would offense against public order and morals.
9. Act of circulations that are insultable and personal information that would invade other's integrity and privacy by sending through email, posting, or by all other method.
10. Bantering or intimidating other users or an act that would cause pain and discomfort to others continuously.
11. Collecting other's personal information or storing without the consent of the company.
12. An act that would be determined to be connected with a crime objectively.
13. All other actions which work against the service condition including this agreement.
14. All other action that would work against the related laws and ordinance.
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Section 13 (Service period)
1. In case if there is no special problem with technology or in the business of the company the service will be provided 24 hours and 365 days in principle. However, there would be service termination if there is a system maintenance, upgrading service equipments. All the schedule for the termination will be announced in the tradegoods.com web page in prior.
2. The company may terminate the service for temporarily, if there is a particular reason without prior notice to the members. In case the company is changing existing services to the new service or there needs to be a replacement, the service can be completely terminated.
3. The company may terminate or restrict the service if there is an emergency for the country, out of electricity, error with equipments or if there is overcrowding of the service. The reason for the termination and the period will be posted in the prior or after the termination.
4. The company may not announce the termination of the system in case if there is a problem with system down, problem caused by disk that are not responsible of the system manager and service terminated by others (PC communication provider, communication contractor).
5. The company may specify the service period per category by dividing particular categories. However, such case will be announced in the web site of the company.
6. There will be no refund for the service termination period as stated as above.
Section 14 (managing user ID)
1. The members have responsibility to control and mange user ID and pass word.
2. The company is exercising other general maintenance with the user ID therefore, if a member wishes to change user ID, the user must have reasonable cause for requesting the changes. Otherwise, the company might reject or restrict the changes.
3. The liability with any fault arises by using the registered user ID and password and fraudulent activity by the third party is solely with the member.
Section 15 (Managing the posted items)
1. The company may delete, relocate or refuse to register the positing or datum in the followings without prior notice.
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1. If the contents are severely insultable or degrading other member's integrity.
2. If the contents contains violates public orders and morals or link to the site.
3. If the contents contains piracy and intrigue hacking.
4. If the contents are objectively determined to be connected with a crime.
5. If the contents are determined to invade other users or the third parties' copy right and other rights.
6. If the contents violates the company's regulation of principle for posting items, or if the items posted are not complying with the purpose of bulletin board.
7. If consider to be violating all other related laws and ordinance.
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Section 16 (Copyright of the posted items)
1. The copyright of the posting in the service screen is attributed to the member who post it. And if in case the company is subject to take liability for this matter, the member should endeavor for the company's exemption and if the company fail to get exemption, the member should burden all the liability.
2. The company may not use the posted items for commercial use without the consent of the member. However, the company has right to post within the service.
3. The members are not allowed to process the information gained from the service or selling for profit-making purpose and also prohibit to let other party to use the information.
4. The company may delete or refuse to register the item if the contents to be post are related to the Section No. 15.
Section 17 (Providing information)
1. The company may provide services to the members by posting the information in the service section, by email and by regular mails.
2. The company may request additional personal information under the consent of the members to upgrade service and to introduce service Sectioned to the members.
Section 18 (Posting advertisement and transactions with an advertiser)
1. Some part of the services provided by the company arises from the advertisement. The company may post advertising in the homepage, service screen, and in the email related to the services and the members are to agree such posting when using the services.
2. It is sole responsibility of the members if participate in the sales promotion activities and or utilizing the advertisement or contacting the advertiser or making business transaction. Therefore, the company holds no responsibility with any possible loss and
damage through the exercise.
Section 19 (Posting products of Export/Import and personal information)
1. It is sole responsibility of the members if contacting others with the member's personal information for the business transaction of the import/export products registered in the company's webpage according to the registration procedure. Therefore, the company holds absolutely no responsibility with any possible loss, damage and conflicts through the exercise. |
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Chapter 4: Service restriction and cancellation |
| Section 20 (Cancellation and changes of contract)
1. If a member wishes to renew the contract, change, or resume, the member should take the process of tradegoods.com.
2. If a member wishes to cancel the service contract, it will automatically terminated by the day when the contract reaches the expiration date of the contract.
3. There will be absolutely no refund for the remains of the service period when cancel the service.
Section 21 (Service restriction)
1. The company may restrict services to a member if the member violated the Section No. 11 of this agreement or if the member's activity falls in to the followings.
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1. If using lustful ID or nickname degrading public moral.
2. If caused serious insult to the other user or interfere the use of services.
3. If there is a correction request from Information Communication Ethics Committee or other related public organizations.
4. If the homepage is illegal.
- If posted commercial software and crack files.
- If post lustful items against the 7th. rules of operation of Information Communication Ethics Committee.
- If information contain is including Anti-national action and in the purpose to exercise the action.
- If reproduce a writing or a literature that has copyright or distribute mp3 files.
5. And the service will be restricted if interfere with other normal service providing.
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2. According to the above service restriction, the company may temporarily terminate the service, initialization and service cancellation as per the regulation for the bad user without any notice. |
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Chapter 5: Compensation for damage and other items |
| Section 22 (Compensation for damage)
If there is a damaged occurred because of the services provided by the company, the company is liable to the damage within the ranges of general damages if the company causes the damage on purpose or on the gross negligence.
Section 23 (Exemption Clauses)
1. The company will be exempt from a liability if service can not be provided due to natural disaster, war and other act of god
2. The company will be exempt from a liability if a telecommunication provider or electricity company terminates the services.
3. The company will be exempt from a liability when there is service equipment repair, replacement, maintenance and construction.
4. The company will be exempt from a liability when the responsibility lies with the member for the obstacle of service utilization.
5. The company will be exempt from a liability when damage occurs due to the user's computer problem or with damage when a member infirmly registered the personal information or email address.
6. The company will be exempt from a liability when a member failed to produce expected profit or if there is loss using the services provided by the company.
7. The company will be exempt from a liability when there is damage caused by the data while using the service. Furthermore, the company holds no responsibility to a member when there is a mental damage caused by other member while using the service.
8. The company holds no responsibility in the authenticity of the information, data, reliability of the truth and accuracy which is posted by the members.
9. The company holds neither responsibility nor duty in the conflicts between the user's company title and the third parties' company title in accords with the provided service.
Section 24 (Jurisdiction and a proper law)
1. The clauses that are not stated in the agreement should follow the Telecommunication business act and the business practice.
2. The members of the fixed rate services and other paid services members are to follow the company's agreement and policy.
3. For the lawsuit due to the conflict of using service, the competent court should be the jurisdiction of the company location.
[Additional rule]
1. (Service enforcement date) This agreement take effect from January 1, 2006.
2. The service will be operated for free until May 31, 2007 and the it will be changed to paid services from June 1, 2007 without particular action.
3. The same agreement and regulations are applied for and during the free service, renew, change, recover too.
4. All other regulations in the tradegoods.com web page are also included in this agreement.
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