Terms of Service

Effective Date: 12/13/2023

This document has been translated into English for reference purposes only. In case of any conflict between the English and Korean versions, the Korean version shall take precedence.

Article 1 (Purpose)

These terms and conditions are established to define the rights, obligations, and responsibilities, as well as other necessary matters, between CreativeLab Inc. (hereinafter referred to as "the Company" or "PacketStream") and the service users (hereinafter referred to as "Customers") in the usage of services provided by the Company.

Article 2 (Definition of Terms)

The definitions of the terms used in these terms and conditions are as follows. Terms not specified in these items will be defined by inference from relevant laws or the service-specific guidelines stated on the homepage.

① Cloud Server: Refers to the collective term for hardware and software that exchange data with client programs connected via the internet.

② Internet Data Center (IDC): Refers to a dedicated server building and its facilities designed to support cloud servers with large-capacity internet backbone connections, enabling easy operation and management.

③ Supplementary Services: Refers to resources provided either free of charge or for a fee as part of the service, including volume, IP, load balancing, firewall, etc.

④ Line: Refers to the internet connection provided by the Company, measured in units of speed, such as Mbit/sec and GBit/sec.

⑤ Traffic Volume: Refers to the quantity of data sent (Upload) or received (Download) by the client program to/from the virtual server over a specific period, measured in units such as Mbyte/sec and Gbyte/sec.

⑥ Bandwidth: Refers to the actual size of data transfer capacity used by the client program over a physical line, measured as the width of a moving average graph over a specific time period (Multi Router Traffic Grapher: MRTG), with units like Mbit/sec, Gbit/sec.

⑦ Service Usage Fee: Refers to the overall costs charged to the customer for the execution of this service agreement, encompassing contracted regular expenses and additional charges for traffic usage, cloud server setup, technical support, and irregular expenses not specified in the contract but incurred by mutual consent.

⑧ Volume: Refers to a unit used in managing data recording media, with cloud servers distinguishing between Root volumes for OS installation and Data volumes for data storage purposes.

Article 3 (Declaration and Amendment of Terms)

① These terms and conditions shall become effective upon their announcement on the Company's website.

② In the event of an amendment to these terms, the Company shall specify the effective date and reasons for the amendment and post them on the website's homepage along with the current terms, at least three days before the effective date.

③ If Customers do not agree with the amended terms, they can raise an objection. If they continue to use the services without expressing their refusal for three days after the effective date of the amended terms, they are deemed to have consented to the changes.

Article 4 (Application Beyond the Terms)

Matters not specified in these terms shall be governed by relevant laws and regulations, customary practices, and service-specific guidelines stated on the website. Other matters shall be subject to industry practices.

Article 5 (Principle of Voluntary Contract)

Customers must enter into service contracts voluntarily, without coercion or undue influence from others.

Article 6 (Types and Changes of Services)

① The Company shall post the types of services, contents, prices, and other service-related information on its website, and Customers must apply for services based on the posted content.

② The Company shall also post any new types or changes to services on the website. Changes affecting existing Customers will be posted on the website or communicated via the Customers' email addresses. If Customers do not object within seven days after the posting or notification, they are considered to have agreed to the changes.

Article 7 (Consent to the Terms and Application for Use)

① Customers must agree to the Company's terms to use its services. Application for products through the Company's website or consultation center, or stamping the application form, is considered as agreement to the terms.

② Service application is considered complete upon filling out the form in the format prescribed by the Company. The Company may request separate written application documents and submission of relevant proof documents, such as a copy of the business registration certificate for businesses or a copy of the identity card for individuals, based on the importance of the contract or business necessity.

③ Customers must provide their real name and actual information when applying. Violations can lead to service termination and loss of the service and supplementary services owned by the Customer, financial loss, lack of legal protection, and restrictions on further use of services.

④ Personal information provided by Customers during application is protected under relevant laws and the Company's privacy policy.

Article 8 (Acceptance of Application for Use)

① The company shall accept the application for use in the order received, as long as there are no special circumstances, when the customer accurately fills out the application as stipulated in Article 7.

② The company may refuse the application for service in the following cases:

  • When the service is applied for under a pseudonym.
  • When the service is applied for using another person's name.
  • When false information is provided in the application.
  • In cases where the applicant has previously been subjected to network attacks causing disruption to our or other services, or is judged likely to adversely affect the normal service use of existing customers.
  • If operating a website that is illegal under domestic or international law (e.g., illegal adult content, illegal gambling, anti-national organizations).
  • If the applicant has outstanding payments for other services of the company.
  • If the applicant has a history of delinquent payments or misuse of services.

③ The company may defer acceptance in the following cases:

  • If it is difficult to accept due to the company's circumstances.
  • If the applicant is a minor as defined by relevant laws.

Article 9 (Formation and Opening of Service Use Contract)

① After agreeing to the terms and conditions and completing the service application, the contract for service use is established and the service is opened upon acceptance by the company.

② The day the service is opened is considered the start date of service use, and will be the basis for service fee settlements.

③ In the absence of a separate written contract with the company, customers can substitute the contract documents with a copy of the service use terms and conditions, a copy of the service product information posted on the website, and the customer's service application details.

Article 10 (Duties of the Company)

① The company must provide the service applied for by the customer stably and continuously.

② The company must secure sufficient spare bandwidth to prevent problems in the operation of the network bandwidth contracted by the customer.

③ In the event of a disruption affecting service operation, the company must immediately repair or restore it and make the best efforts to maintain stable service operation.

④ The company must immediately or within a prescribed period and procedure, respond to legitimate opinions or complaints from customers.

⑤ The company collects and stores personal information of customers for smooth service application and operation and shall not provide this to a third party without consent, except in cases required for investigative purposes under related laws, at the request of the Information and Communication Ethics Committee, or when providing to credit information agencies or credit information concentration organizations due to non-payment of the company's usage fees.

⑥ The company shall strive to provide convenience to customers in procedures and contents related to the conclusion, change, and termination of contracts with customers.

Article 11 (Duties of the Customer)

① Customers are obliged to pay the designated service usage fees by the specified date.

② Customers must not engage in activities that hinder the operation of the company's or other customers' services.

③ Customers must not engage in illegal activities under domestic or international law using the company's services.

④ Customers must perform regular security updates related to system operation to ensure that their server is protected against unauthorized intruders. Except in cases where there is a separate contract for system security services, the company is not responsible for security incidents.

⑤ Customers have a duty to separately store data on their servers, and the company is not responsible for information leakage, omission, or loss of data due to hardware loss or external intrusion, except in cases where there is a separate contract for data backup.

⑥ Customers are responsible for copyright issues arising from their servers and must install only software that is licensed or free from license restrictions.

⑦ Customers are responsible for managing their IDs and passwords, and any damage resulting from leakage is their responsibility.

⑧ When adding customer information for membership registration or smooth service use, customers must enter it accurately. If there is a change in the information provided to the company, customers must immediately update the information on the PacketStream official website and related cafe. All responsibilities for not updating or supplementing the information lie with the customer.

Article 12 (Ownership and Prohibition of Infringement of Intellectual Property Rights)

① Copyright and other intellectual property rights in works created by the company belong to the company. Customers must not infringe the intellectual property rights of the company or third parties.

② Customers and visitors to the company's website must not use the information obtained through the company's services for profit or allow third parties to use it without the prior consent of the company, such as reproduction, transmission, publication, distribution, broadcasting, etc.

Article 13 (Principle of Service Provision)

The principle is to provide services without interruption, 24 hours a day, every day of the year, unless there are special operational or technical difficulties. However, the service may be temporarily suspended during the time required for regular inspections or system upgrades, and any planned work that will cause temporary suspension of the service will be announced in advance using the company's website or email.

Article 14 (Exemptions in Case of Service Interruption)

The company is not responsible for service interruptions due to the following reasons, even if there is no separate notification from the company:

① Temporary interruptions within the compensation range time specified in Article 35 due to unexpected failures or emergency repairs of network equipment.

② Interruptions due to maintenance of the server in use or failure.

③ Unforeseen interruptions due to failures in facilities or equipment not directly operated or owned by the company.

④ Disruptions in network paths of period communication business operators as defined in the Telecommunications Business Act.

⑤ Cases where normal service provision or use is impossible or disrupted due to national emergencies, local emergencies, natural disasters, etc.

⑥ Accidents caused by the server administrator or insider of the customer, or a third party, due to management negligence (such as leakage of ID).

⑦ Disadvantages caused by not receiving service-related notices and guidance due to changes in customer information such as mobile phone numbers or email addresses, which were not reflected in member information or administrator information.

⑧ Cases corresponding to the items in Article 15.

⑨ Suspension or termination of service according to the definition and handling method of fraudulent users as stipulated in <Attachment 2>.

Article 15 (Restriction of Network Access)

The company may suspend network access to the service in operation and demand its resolution from the customer if the service use content corresponds to the following cases:

① In violation of the duties of the customer as prescribed in Article 11.

② In case of non-payment of the service usage fee by the customer.

③ If the customer's contracted product exceeds the allowed or contracted network bandwidth.

④ If the customer's contracted product causes disruptions in the network in operation due to excessive packet generation or broadcasting.

⑤ If the customer's contracted product is suspected of being hacked or infected with a virus.

⑥ If the customer's contracted product is considered a risk to the company's service operation due to lack of appropriate security updates in the absence of the administrator.

⑦ If the customer's excessive international line use results in demands for resolution from period communication business operators.

⑧ In cases where a government agency requests temporary suspension of the service in operation for the purpose of securing evidence through appropriate legal procedures.

⑨ If the customer fails to comply with the relevant provisions of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc." and the "Spam Mail Prevention Guidelines" of the Ministry of Information and Communication.

⑩ If the international traffic actually used by the contractee exceeds 3% of the total traffic usage (however, in this case, the customer will be notified of the relevant matter before restricting the traffic, and the customer can use international traffic through a separate international traffic usage contract).

Article 16 (Change and Restriction of Service Use Contract Contents)

① Customers must apply for a change immediately according to the relevant procedure if there is a change in the following reasons for change in the content of the service use contract, and customers are responsible for any problems caused by delays in changing related information.

  • Change in the trade name, name, or address of the customer or the person responsible for payment.
  • Change in contract type (type of product, type of line, bandwidth of the connection line, contract period, purpose of use).

② If the use exceeds the contracted service, the company may change the contract details after notifying the fact to the customer's registered contact.

③ Even before the contract period, if factors causing excessive rise in cost occur, the company may raise the usage fee with the customer's consent. Since this is the company's fault, if the customer cannot agree to the changed usage fee, the customer can unilaterally terminate the contract without paying the penalty fee related to the contract period.

④ If the customer is in arrears with the service usage fee charged by the company, the company may restrict the application for change.

⑤ If there is no spare equipment, if technical service provision is difficult, or if the company's service policy changes, the company may restrict the application for change.

Article 17 (Automatic Renewal of Service Use Contract)

① The company and the customer can agree to set a period for the service use contract, and if neither the customer nor the company expresses an intention not to renew the contract before the last day of the contract period, it is considered that the contract period is extended under the same conditions.

② The first item of Article 17 does not apply to prepaid services.

Article 18 (Change of Customer Information Related to Legal Status Succession)

① In cases where there is a reason for succession of legal status with the company due to inheritance, merger, division, business transfer, etc., this will be determined by mutual agreement between the parties, and the company will not interfere unless there are special reasons.

② The customer must apply within 30 days from the day the reason occurs, attaching a copy of the business registration certificate (or a copy of the resident registration certificate for individuals) and, if necessary, documents proving the legal status succession, according to the form and procedure designated by the company. After verification, the company will update the customer information it holds.

③ The customer must fully pay the service fees incurred up to the time of the occurrence of the reason for succession of legal status. The company may refuse to cooperate with related matters if there are unpaid costs.

④ When changing customer information due to legal status succession, the successor must take over after fully understanding the rights and responsibilities related to the remaining contract period and the contract matters. The responsibility for any problems arising in this regard lies with the successor.

⑤ Even if the change of customer information due to legal status succession is completed, if the succession is judged to be for the purpose of evading obligations under the contract with the company and if there is a continuous failure to fulfill the responsibilities related to the service use contract with the company, the company may hold the original contractor responsible for the obligations related to the service use contract.

Article 19 (Termination of Service Use Contract)

① If the costs related to the customer's service application are not paid, the service contract is not established, and the service application is automatically terminated. However, matters agreed upon in writing between the company and the customer are exceptions.

② If the customer wishes to terminate the service contract, they must notify the company at least 15 days in advance following the procedure and method previously announced by the company. If there are unpaid service fees based on the desired termination date, these must be fully paid for the termination process to be completed.

③ Services provided for free can be automatically terminated without separate notification upon termination of use.

④ In cases of service termination due to the customer's fault, a penalty fee may be charged.

⑤ The "Company" may immediately terminate the contract if the customer is subject to bankruptcy application, seizure, provisional seizure, default, auction, corporate restructuring, etc.

⑥ Customers who have not settled the usage fee as of the termination date cannot request cooperation for data transfer.

⑦ Before terminating the service use contract, customers must back up the data provided by PacketStream themselves. Upon termination of the service use contract, the company will delete all customer services and add-on services, which cannot be restored for any reason.

Article 20 (Company's Unilateral Termination of Service Contract)

The company may unilaterally terminate the service contract without prior consultation under the following conditions:

① In case of non-payment of service fees without adequate measures being taken.

② If information provided in the service application is proven to be false.

③ If the client deliberately disrupts the operation of the company's services, causing damage.

④ If the client fails to take appropriate measures required under Article 15.

⑤ If the use or method of the service violates domestic or international law, leading to a government authority demanding suspension of the service.

⑥ If the client's actions while using the service cause unnecessary harm to the company's services or those of other clients.

⑦ If excessive spam email sending results in the client's IP address being blacklisted (RBL: Real-time Blocking List) by domestic or international spam monitoring organizations.

⑧ If large-scale network attacks targeting the operational service cause damage to the company's service operations and other client's cloud server operations.

⑨ If the client uses unauthorized software, resulting in intellectual property infringement claims from third parties demanding service suspension.

Article 21 (Installation of Operating System in Virtual Servers and Service Commencement)

① Upon confirming the client's service application, the company will initiate the service after assessing its operational schedule and availability of servers and equipment.

② If the operating system requested by the client is not supported or is considered insecure or outdated without security updates, the company may refuse to provide it.

Article 22 (Installation of Operating System, Data Center Admission and Service Commencement)

① Upon confirming payment from the server hosting client, the company will inform the client of the expected date of service commencement, which will be the same as the requested date unless otherwise noted.

② The service begins upon connection to the internet backbone, with the service start date being the data center admission date. The service expiration date will be determined based on the contract and payment amount.

Article 23 (Equipment and Server Rental)

① Clients may rent equipment from the company or rent it with the intention of eventual ownership transfer, subject to monthly rental fees.

② In case of issues with rented equipment, clients can request a replacement, which the company must promptly address. However, if damage is due to client's negligence, they must bear the repair costs.

③ For fixed-term equipment rentals, early termination (other than for reasons attributable to the company) requires payment of a cancellation fee as stipulated in these terms.

④ If rental fees are overdue for more than a month, the company may demand payment or return of the equipment, and forcibly reclaim it if payment is not made within a week.

⑤ Rented equipment, including those intended for eventual ownership transfer, cannot be removed from the IDC. If removal is necessary, a deposit equal to the server purchase amount must be paid, refundable upon return.

⑥ Before returning rented servers, clients must back up related operational data. Upon completion of the return process, systems will be permanently reset, and the company bears no responsibility for any data loss.

Article 24 (Colocation Client's Equipment Installation)

① Clients must thoroughly test and ensure the stability of their servers and equipment before installing them in the IDC.

② Clients must receive approval from the company after notifying it of their intent to install their own equipment in the IDC.

③ Server installation is limited to a maximum of 25 units per standard rack for operational stability and protection of other clients' facilities. Exceeding the standard rack power consumption of 2.2kw (based on 220 watts) requires client-company consultation for equipment rearrangement or additional power fees.

④ The company may conduct temperature and humidity control, power management, and spatial rearrangement for service operation, which clients must comply with.

Article 25 (Provision of Connection Lines and IP Addresses)

① Connection lines provided to clients are based on one line per service request as a standard.

② Clients are generally allocated one IP address per piece of equipment, with additional allocation requiring mutual agreement with the company.

③ If a client receives multiple IP addresses, they must provide usage status information upon the company's request.

Article 26 (Technical Support Procedures and Disclaimer of Liability)

① Unless a separate service management contract is made, clients are responsible for managing cloud and service-related aspects, and may request technical support from the company, which may incur charges based on policy and the complexity of the task.

② Clients can apply for technical support via phone, email, or 1:1 inquiries on the website. The company will verify the client's identity through the provided user ID and password.

③ Clients must back up their data on a separate storage device before requesting technical support that requires system administrative login to prevent data loss.

④ Clients can request rework for any unsatisfactory or erroneous aspects within 7 days after the completion of technical support, beyond which the company is not liable for any discovered issues.

⑤ If data loss or system malfunction occurs due to technical support, the company's liability is limited to 1.5 times the fee paid for the support, and the client must prove that the support was the primary cause of the issue.

⑥ In case of loss of system management authority, requiring new administrator ID and password creation, the company may request additional identity verification beyond the standard ID and password check.

⑦ For management purposes, the company inserts management accounts or keys into each cloud and managed bare-metal server provided as part of its operating systems. These accounts or keys are used solely for automated system management and will not be used by company staff for unauthorized access to client servers.

Article 27 (IDC Visit and Work Procedures)

① Clients must notify and obtain permission from the designated contact, via phone or website, at least one day before visiting the IDC.

② If a representative is sent on behalf of the client, documentation proving work delegation may be required.

③ Visitors must carry identification for verification and accurately record their names, entry, and exit times in the visit log.

④ Contact or alteration of other servers is strictly prohibited during work in the server room. The company may claim damages if improper contact with power or LAN cables causes harm to the company or other clients.

Article 28 (Removal of Equipment During Service Use)

① Even if the service is not in use during equipment removal by the client, service fees will still be imposed.

② Clients can remove their own server equipment if there is no outstanding service fee.

③ When applying for equipment removal, business clients must submit a copy of their business registration certificate, and individuals must submit a copy of their identification card along with the equipment removal application. If someone other than the client is retrieving the equipment, a power of attorney must be attached.

Article 29 (Handling of Client-Owned Equipment upon Termination of Service Contract)

① Client-owned equipment must be removed immediately upon service contract termination, following the same procedure as Article 29(3). The company is not responsible for loss or damage if the client requests shipping through a courier or agency.

② Despite clause 1, if the company stores the server for more than a month after termination, a monthly storage fee of 50,000 won (excluding VAT) per UNIT will be charged, and the company is not liable for any equipment malfunction or data loss during storage.

③ Identification must be presented during visits for verification, and the visitor's name, entry, and exit times must be accurately recorded.

④ If the client does not retrieve the terminated equipment within three months, the company may dispose of it after notifying the address provided in the service application. The company may dispose of the equipment if it is not retrieved within two weeks of the disposal notice, and the client cannot hold the company responsible for its return.

⑤ In cases where a client's equipment is forcefully terminated due to non-payment of fees, abuse, or violation of terms and conditions, the company may dispose of the equipment if the reason for the forced termination is not resolved within five days of the termination date.

⑥ Upon reactivation after service contract termination, the client may be assigned a different IP and server location. If a client wishes to reactivate after termination, they must reapply for new service, which may incur installation fees.

Article 30 (Illegal Spam Email Prevention)

① 'Spam emails' refer to commercial emails sent in bulk without the recipient's consent or against their refusal to receive.

② Clients must comply with the 'Information and Communications Network Act' and 'Spam Email Prevention Guidelines.'

③ The company will appoint a spam supervisor to handle and process spam-related complaints, which will be announced on the company's website.

④ The spam supervisor must sincerely respond to complaints within 7 days. If delayed, the reason must be communicated to the complainant in advance.

⑤ If spam complaints arise from client equipment within the company, the spam supervisor may contact the client to address the issue. The client must inform the spam supervisor of the corrective actions taken within 7 days.

⑥ Failure to comply with the regulations mentioned above or to sincerely implement the content of clause 5 may lead to suspension of service, and the company may report the matter to the Ministry of Information and Communication or judicial authorities.

Article 31 (Definition of Electronic Intrusion and Related Incidents)

① "Electronic intrusion" refers to attacks on information systems through hacking, computer viruses, logic/mail bombs, denial of service, or high-powered electromagnetic waves.

② "Electronic intrusion incidents" refer to situations arising from such intrusion activities.

③ "Security threats" are causes, acts, or events that bring loss to information systems or harm to security.

④ "Security vulnerabilities" are weaknesses in information systems that are susceptible to security threats.

Article 32 (Company's Obligations in Prevention and Response to Electronic Intrusion Incidents)

① The company will provide clients with information on potential threats to their information and communication systems, such as hacking and computer viruses, as well as new security vulnerabilities, through email or the company's website.

② The company may regularly or irregularly analyze the security vulnerabilities of the client's internal network and the entire IDC network to enhance safety and reliability.

③ After analyzing security vulnerabilities, the company will provide clients with the results and improvement measures to strengthen the security of their internal systems and networks.

④ The company will not disclose any client information obtained through security vulnerability analysis to third parties and will not use it for any purpose other than enhancing the client's internal system and network security.

Article 33 (Client's Obligations in Prevention and Response to Electronic Intrusion Incidents)

① Clients must take appropriate security measures for their information systems to prevent intrusion incidents.

② Clients must faithfully implement the instructions for preventing intrusion incidents upon receiving alerts and information on security vulnerabilities provided by the company.

③ Clients shall not use the company's or other clients' information systems for the following infringing activities:

  • Distributing computer viruses or other malicious programs.
  • Scanning for vulnerabilities in systems other than the client's information system.
  • Unauthorized illegal intrusion into systems other than the client's information system.
  • Actions such as generating massive traffic that disrupt normal services.
  • Other activities that may disrupt the company's normal service provision.

④ Clients must designate a 24-hour emergency contact and inform the company of the contact's phone, mobile, and email address. Any changes to the contact's information must be immediately notified to the company.

⑤ Clients must promptly inform the company's intrusion incident manager if they detect abnormal signs or occurrence of intrusion incidents in their managed information system.

Article 34 (General Principles of Service Charges)

① Details and changes to service charges will be listed on the company's website as per Article 6.

② Types of service fees to be paid by the client are as follows:

  • Service Use Fee: The basic fee set for each type of service.
  • Additional Use Fee: Fees for exceeding service standards or for separate additional services.

③ Changes in service fees during the contract period will not be retroactively applied unless there are special circumstances.

④ Payment of service fees is generally postpaid, but prepayment may be required depending on the company's policy or service type.

Article 35 (Payment of Service Fees)

① Clients must pay the service fees on the specified due date. Failure to do so may result in restricted network access under Article 15 or termination of the service contract under Article 19.

② Payment of fees is made through credit card or online payment methods. Direct cash payment is not allowed except in unavoidable circumstances.

③ Clients must notify the company if they pay the service fee under a name difficult for the company to recognize. Any disadvantages arising from not notifying such payments are the client's responsibility.

Article 36 (Method of Settling Service Fees)

① Settlement of fees for new services is based on the service commencement date and the payment cycle set by the company.

② For clients who have prepaid and wish to change or terminate the service, the calculation of current service usage and remaining balance is as follows:

  • Usage Amount = [Prepaid Monthly Amount x Number of Months Used Before the Current Month] + [Prepaid Daily Amount x Number of Days Used in the Current Month]
  • Prepaid Monthly Amount = Prepaid Amount / Prepaid Months
  • Prepaid Daily Amount = Prepaid Monthly Amount / 30 Days
  • Remaining Balance = Prepaid Amount - Usage Amount

Note: For clients who terminate their service or downgrade to a lower service and have received a discount on the prepaid amount, the usage amount is calculated based on the undiscounted regular amount.

③ If a client who has prepaid terminates the service within 7 days of use, the settlement of fees will be based on the company's regular monthly charge, calculated daily from the start of use to the termination date. The remaining amount after deducting the used amount (calculated daily) from the prepaid service fee will be refunded within 7 days of the termination request. However, if significant value depreciation has occurred through product use, the refund may be denied even within 7 days. For virtual servers, the following applies:

  • When more than 50 GB of traffic (Inbound + Outbound) has been used on the virtual server.
  • When a service operated on the virtual server has been recorded on IP reputation databases (AbuseIP, DB-IP, MaxMind) or IP scanner providers (Shodan, Censys, etc.).
  • When a DDoS attack has occurred from or against the virtual server.

④ If a client who has prepaid requests a refund after 7 days of service use, the refund may be denied if the termination is due to reasons not attributable to the company.

⑤ For certain products, refunds requested by clients who have prepaid service fees may be denied. Non-refundable products will be specified in the terms and product description or informed before application.

  • Dedicated Server: A dedicated server is a custom-made, made-to-order product, and withdrawal of subscription is not possible after ordering. Exceptionally, withdrawal is possible when a stock server has been allocated.
  • DDoS Security: Due to the nature of the service, withdrawal of subscription is not possible after application due to IP reputation issues.
  • Proxy: Due to the nature of the service, withdrawal of subscription is not possible after application due to IP reputation issues.

⑥ Refunds or mid-term termination requests for products with DDoS security or including DDoS security may be denied.

⑦ For postpaid clients who change or terminate the service during use, the calculation of the service fee for the current month is as follows:

  • Service Change Usage Amount Change Usage Amount = [Original Service Hourly Fee x 24 Hours x Number of Days Used in the Current Month] + [New Service Hourly Fee x 24 Hours x Number of Days Used in the Current Month]
  • Service Termination Usage Amount Termination Usage Amount = Current Month's Service Hourly Fee x 24 Hours x Number of Days Used in the Current Month

Article 37 (Regulations on Managing Overdue Service Fees)

① If a client fails to pay the service fee even after the due date, the company may restrict future service use. If the fee remains unpaid for a certain period after the restriction date, the company may terminate the service contract under Article 19.

② The company may commission a credit information company to recover overdue fees from clients who have defaulted on payments.

Article 38 (Imposition of Late Payment Fees)

① If a client fails to pay the service fee by the date specified on the invoice, the company may charge a late payment fee equivalent to 5% of the overdue amount.

② The late payment fee stipulated in clause 1 can be added to the overdue service fee and charged from the day following the expiration of the service fee due date.

Article 39 (Objections to Billed Charges and Handling of Overpayments and Underpayments)

① Clients who have objections to the billed charges must apply to the company within 10 days of the invoice dispatch date, and the company will notify the results within 7 days in writing or by phone.

② If the company is unable to notify the results within the period specified in clause 1 due to unavoidable reasons, it will specify a new processing period and notify the client along with the reason for the delay.

③ In case of overpayment or underpayment, the amount will be offset against the service fee for new services. Upon request for a refund due to overpayment, the company will deposit the amount into the client's designated account and will not refund in cash.

④ Refunds for credit card payments will be processed by canceling the sales in the account of the card payment agency. However, if the cancellation is not possible due to elapsed time, the refund amount will be reduced by 5% of the payment agency fee and then refunded.

Article 40 (Collection of Evaded Fees)

The company may charge twice the amount of the evaded fee if a client evades service fees by violating the provisions of these terms and conditions.

Article 41 (Scope of Damages)

① If a client is unable to use the service due to the company's clear fault, the company will compensate the client for the damage.

② If the company provides services below the specified monthly availability rate (99.0%) due to faults clearly attributable to the company, causing damage to the client, the company will compensate for the damage upon the client's request.

Monthly Availability Rate (%) = 100 X {1 - (Total downtime hours due to the company's faults in a month / Total service hours in a month)}

Downtime: Measured from the time the client notifies the company of the service disruption (or, if the company becomes aware of the disruption before the client's notification, from the time the company becomes aware). (Work hours announced in advance under Annex 1's SLA are excluded from downtime.)

③ When compensating for damages under clause 1, the compensation amount will be determined after consulting with the client and applying the discount rate defined below to the average monthly fee of the past three months. Intangible losses such as business loss or reputational damage that are unforeseeable or objectively unquantifiable are not included in the compensation amount, and the company's liability for compensation will not exceed the monthly service fee.

Monthly Availability Rate (%) Discount Rate (%)
99.0% or above ~ below 99.9% 0%
95.0% or above ~ below 99.0% 5%
Below 95.0% 10%

④ Compensation for damages incurred while using PacketStream's service can only be used for PacketStream's monthly service fees.

⑤ The company's liability for compensation due to the client's inability to use the service is limited to the damages specified in clauses 3 and 4, and there will be no additional compensation from the company.

Article 42 (Claiming Damages)

① Claims for damages must be made in writing to the company, stating the reason for the claim, the amount claimed, and the basis for calculation.

② Claims for damages must be made within 7 days of becoming aware of the reason for the claim. The same applies if 7 days have passed since the occurrence of the reason for the claim.

Article 43 (Claims for Damages Against Clients)

① The company may claim damages from clients who violate the provisions of these terms and conditions and cause harm to the company.

② The procedure for claiming damages from clients will follow the regulations set forth in the preceding article (Article 42).

Article 44 (Exemption from Liability)

① The company is not obliged to compensate for damages if the reason for the client's loss falls under Articles 14, 15, 20, 24, 25, 26, or 27 of these terms and conditions.

② The company is not responsible for damages arising from the client's failure to achieve expected profits from the company's services, potential value associated with the service, or losses due to the selection or use of service data.

③ Clients who do not use the company's backup services must always back up their data themselves. The company is not liable for any damages arising from failure to perform backups.

④ The company is not liable for any losses resulting from transactions of goods or other interactions facilitated by the service between clients or between clients and third parties.

⑤ The company is not responsible for any damages related to the use of services provided free of charge to clients.

Article 45 (Resolution of Disputes)

① In the event of disputes arising from these terms and conditions or the use of services, it is a principle to apply for arbitration at the Korea Commercial Arbitration Board to resolve the dispute.

② If legal disputes arise, they will be filed in the court that has jurisdiction over the location of the company's head office.

Article 46 (Expression of Intent for Contract Conclusion)

① The company promises to faithfully comply with these terms and conditions, and the provision of services will substitute for a signature.

② The client promises to faithfully comply with the above terms and conditions, and the application for services will substitute for a signature.


Supplementary Provisions

These terms and conditions will be enforced from December 13, 2023.

Annex 1. Definition and Handling of Illegitimate Users

Definition of Illegitimate Users

  • Individuals showing the same registration pattern as previously registered illegitimate users.
  • Individuals creating multiple IDs with the same IP address for service use.
  • Individuals using others' personal information for membership registration or using others' cards acquired through fraudulent methods.
  • Individuals deemed harmful to other services operated by PacketStream.
  • Others using or attempting to use the service in a manner that is generally considered negative according to standard norms.

Service Suspension

  • For accounts presumed or identified as belonging to illegitimate users as defined, the company will attempt to contact them using the contact details provided at the time of account creation.
  • If the contact details provided are false, the company can suspend the client's service.
  • If contact is established, the company can request submission of explanatory documents and proof within 3 days. For individual clients, a copy of the ID card and bankbook must be submitted; for corporate clients, a copy of the business registration certificate and bankbook opened in the company's name must be submitted. If these documents are not submitted within 3 days, the company can suspend the client's service.

Determination of Illegitimate Users and Service Termination

  • After service suspension, the company can again request the submission of explanatory documents and proof within 5 days from clients presumed to fit the definition of illegitimate users.
  • If these documents are not submitted within 5 days, the company will deem the client as an illegitimate user, and the client's service will be terminated.
  • Illegitimate users are permanently barred from rejoining the service.

Exceptional Circumstances

  • If requested by a cyber investigation team or other investigative agencies, the company can immediately suspend or terminate the client's service.
  • The company can immediately suspend or terminate the service of clients who are conclusively using the service for evidently negative purposes according to social norms.

Annex 2. Restrictions on DDoS Defense Service

  • The DDoS defense service provided by PacketStream, which shares DDoS defense equipment linked with backbone routers among multiple clients, may experience delays or inefficiencies if multiple clients are attacked simultaneously or if the attack exceeds the defense capacity.
  • The DDoS defense service performs abnormal packet blocking but may not be effective against attacks disguised as normal packets or attacks unrecognized by the client or the company.
  • The maximum tolerance for a DDoS attack is 48 hours, and changes in service charges and provision may occur if attacks persist for more than 60 minutes more than 20 times a month or if the frequency of attacks exceeds 30 times a month.
  • Clients cannot resell the DDoS-related services provided by PacketStream without separate agreement with the company. Violation of this can lead to unilateral service termination by the company even during the contract period.

Annex 3. Application of Detailed Service-Specific Terms and Conditions

If there are detailed service-specific terms and conditions for the service being used, those terms and conditions will take precedence over the general terms and conditions.

Effective Date: 12/13/2023