Chapter 1 General Provisions
Article 1 (Purpose)
The purpose of these Terms of Service (“TOS”) is to define terms and procedures for the use of Internet services (herein after referred to as “Services”) provided by energy.korea.com (hereinafter referred to as the “Company”) according to the Telecommunications Business Act and Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
Article 2 (Definitions)
1. The following expressions used herein shall have the following meanings:
(1) “Member(s)” means those who have made a contract with the Company for its services and received a user ID.
(2) “ID” means the letters, numbers, or combination thereof chosen by the “Member(s)” and approved by the Company for purposes of identification and use of Services.
(3) “Password” means the letters, numbers, or combination thereof chosen by the “Member(s)” to protect their privacy and verify identification of the Members..
(4) “Operator” means the person appointed by the Company for operation and management of the Services.
(5) “Termination” means the Company or the Member(s) terminates the contract for the Service.
2. The definitions of the TOS shall have the same meanings as in the related laws and service guidelines, except for the definition stipulated herein.
Article 3 (Effectiveness and amendment to the TOS)
1. The TOS shall be effective immediately upon notification via email or otherwise made available via energy.korea.com Sites.
2. The Company may amend the TOS without prior notice when there is a reasonable ground and the amended TOS shall serve the same purpose as stated in Article 1 above.
3. If Members do not agree to the amended TOS, they can terminate their membership. Members’ continued use of the Service after any such change represents their agreement to the amended TOS.
Article 4 (Guidelines other than TOS)
1. The TOS apply along with the guidelines that the company provides for each individual service (herein after referred to as “service guidelines”)
2. Any terms not stated in the TOS will be governed and construed pursuant to the purpose of services guidelines and the related laws and regulations including the Framework Act on Telecommunications, Telecommunications Business Act.
Chapter 2 Service Contract
Article 5 (Conclusion of Service Contract)
1. By clicking “I Agree” during the membership registration process, it is assumed that the applicant agrees to the TOS.
2. A service contract is concluded when the Company approves the consent of the applicant to the TOS.
Article 6 (Subscription)
1. Subscription is completed when the applicant fills out an application form provided by the Company.
2. The information given in the online application is regarded as real data. If the provided information is untrue or inaccurate, the applicant may be restricted from using the Service and legal protection may not be applied.
Article 7 (Personal Information Protection Policy)
Article 8 (Approval of the Subscription)
1. When Members register with accurate information as stated in Article 6, the Company approves the membership in the order in which the applications were received.
2. The Company reserves the right to defer the approval under the following circumstances until the matter is resolved:
1. Insufficient service capacity;
2. Technical infeasibility;
3. For the Members who has lost his/her membership for his/her own faults. With an exception where Member is wanting for re-approval due to aforementioned case for at least six (6) months;
4. At the Company’s reasonable discretion.
3. The Company may not approve an application for the following situations:
1. When applicant doesn’t use his or her real name on the application form;
2. When applicant uses another person’s name;
3. When applicant fills out the application form incorrectly;
4. When applicant uses the application in order to disturb the peace, order, and public morals; or
5. When the application form is incomplete.
4. For case #2, and #3, the Company shall notify applicants when it has decided to defer or deny the approval. However, the Company may not notify the applicants of the deferment or disapproval without any fault of the Company.
Article 9 (Change of Contract Information)
The members can read and modify their personal information through the “User Profile” page. The Members should maintain and promptly update their own information to keep it accurate, current and complete. The Company shall not be liable for any loss or damages arising from Member’s fault to update their own data.
Chapter 3 (Each Party’s Rights and Obligations)
Article 10 (The Company’s Obligations)
The Company shall strive to provide members with consistent and stable services, and if there is a technical problem, the company shall fix the problem and restore service without delay. The Company can cease and stop the service because of a natural disaster, war, or a force majeure event. Even in such case, the Company shall strive to keep and to protect Member’s personal information.
Article 11 (The Member’s Obligations)
1. Member agrees not to use the Services:
1. to illegally use another member’s ID, password, or personal identification number;
2. to photocopy, duplicate, alter, publish or broadcast information obtained from Services and/or to provide the third person with it without prior consent of the Company;
3. to infringe intellectual property or other proprietary rights of any party;
4. to disrupt public morals or public order by spreading information, text, or figures;
5. to commit an act that is objectively linked to a crime; or
6. to be against the related laws and regulations.
2. Member shall observe the TOS and Service guidelines and directions.
3. Member shall observe the restrictions on the use of the Services.
4. Member is banned from engaging in any commercial activities using the Services without prior approval from the Company; and the Company shall not be liable for any loss or damage arising out of the commercial activities while the Members who engaged in such activities shall be liable for any damages cause to the Company.
5. Member shall not assign their membership or contractual status to others, nor shall he/she offer them as collateral.
Chapter 4 Use of Services
Article 12 (Range of the Services)
Member may use all of the Services with one ID issued by the Company
Article 13 (Notice)
The Company may provide you with notices by either email or posting on Services.
Article 14 (Service Fees and Paid Information)
The Company provides basic services for free, but certain services require fees as indicated.
Article 15 (Usage of Paid Information)
Member may use paid services after subscribing to such service subject to their own Terms & Conditions.
Article 16 (Member’s Material)
If material that a Member has posted contains any of the following, the Company reserves the right to delete, move, or refuse to register the material without prior notice, and the Company has right to restrict or suspend membership.
1. Content disparaging other Members or third parties or damaging to the honor of others through slander
2. Content that runs counter to public morals or order
3. Content related to a criminal act
4. Content infringing on the rights of the Company or others
5. Content that remains posted for a longer period than approved by the Company
6. Illegal or obscene content or content which links to obscene sites
7. Content incompatible with the rules and purposes set by the Company
8. Content that violates relevant laws and regulations
9. Content that may cause political or religious discords that interferes or may interfere with the Company’s Services.
A Member whose rights have been infringed upon by the material or who learns out any material stated above can request such material to be suspended or removed.
Upon such a request from a Member, the Company may eliminate the material immediately or hold it temporarily for up to 30 days. In this case, the Company notifies the Members by e-mail, phone or other reasonable means. The Member who posted the material can request that it be restored if the Member verifies his or her rights through the decision by a court or by an appropriate authority or through permission of the copyright holder during temporary holds.
Article 17 (Proprietary Rights)
1. Subject to Copyright Act and other relevant laws, a person who has created posted materials shall hold the proprietary rights of the materials and the Company owns all legal right, title and interest in and to the Services.
2. Members may not use the Services for commercial purpose. For example, Members may not modify, sell, distribute notices or create derivative works based on the Services in whole or in part.
Article 18 (Advertising & Business with Advertisers)
1. Some parts of the Services operate on revenues from advertising on the Web site. Members’ continued use of the Services represents their agreement to exposure to advertising.
2. The Company bears no responsibility for any losses or damages incurred by Members as a result of their participation in any sponsor sales promotions posted on the Company site.
Article 19 (Period of Use of Services)
1. In principle, Services can be used round the clock every day of the year, but Services can be temporarily suspended because of the Company’s operational needs, repairs, check-ups of mechanical components, or malfunction.
2. The Company may designate separate service hours for each category of the Services and announce them beforehand.
Article 20 (Responsibility for the Use of Services)
Unless there has been written permission signed by duly authorized representative of the Company, the Members shall not use the material provided through the Services for commercial purpose including hacking, business activity through pornographic sites, advertising to make money, and distributing software illegally.
The Company bears no responsibility for any losses or damages incurred by Members as a result of the business activities against this provision.
Article 21 (Suspension of Services)
1. In the following cases, the Company may restrict or suspend the Services:
1. In the event of repairs, inspection, or replacement of equipment;
2. Requests from key telecommunications service provider defined in Telecommunications Business Act;
3. Force majeure.
2. The Company has the right to restrict or suspend the Services in whole or in part in the event of national emergency, power failures, system malfunction, or congestion of service use.
3. The Company may, in its sole and absolute discretion, revise or suspend free Services in whole or in part and Members are not entitled to any compensation for such change unless relevant laws and regulations require otherwise.
4. The Company shall notify Members of the reason and the period of the restriction or suspension without delay when it decides to do pursuant to the clauses above.
Article 22 (Restrictions on the Use of Services)
1. In the following cases, the Company may restrict or terminate the access to the Services in whole or in part by giving warning, deleting IDs or materials, restricting or suspending membership pursuant to the TOS.
1. Distributing, selling, or displaying obscene material in the form of symbols, text, music, or video
2. Damaging or insulting the honor of others by spreading false information
3. Infringing on intellectual property rights including copyrights
4. Posting or otherwise providing access to symbols, text, music, or videos that arouse anxiety or fear
5. Damaging, changing, forging, or obstructing the system, data or programs without proper reasons
6. Committing an illegal act such as a gamble
7. Revealing national security secrets
8. Committing an act banned by the National Security Act
9. Aiding or abetting criminals
10. Committing an act objectively linked to a crime
11. Committing an act that runs counter to the terms set by the Company including the TOS.
2. In the following cases, the Company may delete, move materials, or refuse to register materials without prior notice.
1. The material related to acts listed in the first clause of Article 21
2. The material remains posted for a longer period than approved by the Company
3. A request is received from a related authority such as Korea Communications Standards Commission.
4. The material runs counter to relevant laws and regulations.
3. The Company prepares Guidelines for Faulty Users to deal with faulty users mentioned in the first and second clauses of Article 21.
4. When specific restrictions on Services are not stated, relevant laws and regulations including Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Telecommunications Business Act, and Juvenile Protection Act and business usage shall apply.
Chapter 5 Withdrawal of Membership and Limiting Access / Handling of Complaints
Article 23 (Withdrawal of Membership and Limiting Access)
1. Members may terminate membership at any time by submitting an online withdrawal request. In this case, the Company shall comply with the request without delay.
2. In the following cases, the Company may restrict or suspend membership without prior notice or partially suspend or restrict use of the Services for a certain period.
1. Illegal use of another member’s ID
2. Obstructing the operation of the Services intentionally
3. Inputting a false name on the application form
4. Making multiple registrations with more than one ID
5. Spreading information that purposely disturbs the peace, order, and public morals
6. Planning to use or using the Services to obstruct the national interest or public interest
7. Committing an act that damages the honor of others or causes disadvantage to them
8. Transmitting an excessive volume of content or promotional advertising that obstructs the stable operation of the Services
9. Spreading computer viruses to destroy information or cause malfunction of information communication systems
10. Infringing upon the intellectual property rights of the Company, members, or others
11. Illegal use of others’ personal information, user IDs, or passwords
12. Collecting, storing, or publicizing the personal information of other members without their consent
13. Copying, transmitting, or distributing content provided by the Company for commercial uses without the Company’s permission
14. Posting pornographic material on the Web site or the bulletin board, or posting links to obscene sites or distributing obscene materials
15. Committing an act that runs counter to the terms set by the Company including the TOS.
3. The Company cancels the registration of Members if their membership is revoked. In this case, the Company shall notify them accordingly and allow them up to 30 days to appeal.
4. The Company may terminate the membership of Members who have not logged in for a year.
Article 24 (Handling with Members’ Complaints)
1. The Company receives and processes the Member’s opinions and complaints by mail, phone, FAX, e-mail, or other appropriate methods.
2. The Company deals with objectively valid complaints as speedily as possible. If the prompt response to such complaints is not possible, the Company notifies relevant Members of the reason for the delay and planned schedule by phone, e-mail or other appropriate means.
3. The Company shall prepare Guidelines for the Complaints to resolve the opinions and complaints mentioned in above clauses. The Guidelines include the process on informing Members of how and when the complaints are to be resolved and it shall be notified or posted on the Web site.
4. The Company shall appoint a staff member of the Company to deal with Members’ opinions and handle their complaints.
5. The Company shall take a measure without delay when a Member requests that certain information be deleted or refuted from the Company’s Web site since it violates Member’s legal rights including copyrights or it damages the Member’s reputation. In case that the requester is not a Member, verification of the Member’s identity is prerequisite.
Chapter 6 Damages/Indemnity/Jurisdiction
Article 25 (Compensation for Damages)
The Company bears no responsibility for any damages to Members or non-Member in relation to free Services unless it is caused intentionally. However, instructions for subscription-based services will be separately described.
Article 26 (Indemnity)
1. The Company shall not be considered to be in default or in breach of its obligations to the Services to the extent that performance of such obligations is prevented by any circumstances of Force Majeure such as natural disaster.
2. The Company is not liable for temporary unavailability of the Services caused by Members’ faults.
3. The Company shall bear no responsibility for losing expected gains by using the Services and for any damages caused by the material from the Services.
4. The Company shall not be liable for the information, materials, or facts posted by members on the Web site including its credibility and accuracy. .
5. The Company is not liable for damages caused by the service of blocking junk mail.
Article 27 (Jurisdiction)
Any claim relating to or arising out of the Services or this TOS shall be brought exclusively into the court that has a jurisdiction over the seat of the Company’s headquarters.
Chapter 7 Youth Protection
Article 28 (Youth Protection Policy)
The Company promotes a healthy Internet environment for youth to help young people to grow as responsible citizens in their community. The Company strives to increase young people’s ability to protect themselves from harmful Internet content.
1. Promotion of Youth Protection Policy – Recognizing the value of young people as an asset worth protecting, the Company complies with regulations related to youth protection. The Company will put youth protection regulations into action to help support the proper use of the Internet and to provide a healthy Internet environment which respects the personal growth of young people in the community.
2. Responsibility for a Healthy Internet Environment – The Company is making every effort not to expose young people to contents containing profanity and obscenity but rather striving to promote a healthy Internet environment.
3. Reinforcement of Social Cooperation – The Company cooperates with the society to provide young people an equal opportunity to access information from the Company’s Services without any discrimination based on sex, age, or academic background. The Company will cooperate with young people’s families and youth-protection communities to help them make appropriate use of the Internet.
4. Protection of Personal Information – Personal information of the youth will be kept under thorough protection to respect and protect their rights.
5. Internet Safety Filter and Control Program (in Korean Only)
- “X Keeper” Download (http://xkeeper.korea.com)