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| Chapter
1 General Regulations |
Clause 1 (Description of Service)
- These terms of use designates as its fundamental
items the conditions and procedures of using the service,
Korea Information Certificate, as well as rights, obligations
and responsibilities of members, which are provided by Korea
Information Certificate Authority Inc.(such as KIC) through
www.DomainCA.com(such as "homepage").
Clause 2 (Definition of Service)
The definition of terminology's of these terms are as follows:
- "Domain name" refers to individual homepage
addresses(URL) which is a combination of full stops(.),
letters, numbers and symbols(-).
- "Registrar" refers to the person holding authority
to the registered domain
name, who has registered the domain name at the KICA according
to the
regulations of the terms.
- "Member" refers to the person who has provided
personal information on
identification to the KICA, which includes the registrar.
- "Service" refers to domain services which are
provided by the KICA through
the homepage as well as all kinds of other services.
Clause 3 (Elucidation and Revision of Terms)
- These terms are effective with the announcement
on the homepage.
- KICA inserts the content, the name of the firm, location
of the firm, name of representative, business registration
number and phone number on the homepage to provide information
to the user.
- KICA can revise the terms under the conditions of not violating
the laws related to the regulations of the terms, Electronic
Transaction Basic Act, Electronic Signatory Act, laws regarding
promotion of telecommunication usage as> well as information
protection, laws related to visitory purchase and Consumer
Protection Law. The revised terms come to effectiveness with
the announcement on the homepage.
- In the case of KICA revising the terms, it should elucidate
the date of coverage and the reasons for revision and announce
the above from 7 days before the application date to the day
before the actual application.
- In the case of KICA revising the terms, only the revised
terms which are ratified after the date of application are
applied. The contracts which have been ratified before applies
to the former regulation of terms before the revision. However,
if the user who has already ratified the contract but desires
the application of the clauses of the revised terms should
transmit their will to KICA and receive approval. In such
a case, the revised terms can be applied.
- In regard to statements which have not been mentioned in
these terms and analysis follow the Electronic Transaction
Consumer Protection Law and related laws or commercial practices.
Clause 4 (Modifications to Service)
- In the case of emergencies such as repair examination,
alternation, break down, cessation in communication of computers,
KICA holds the right to temporarily cease the service.
- In the case of war, calamity, natural disaster or such national
emergencies and in cases of ineluctable causes such as cessation
in telecommunication service by the common carrier under the
Telecommunication Business Act, KICA may cut off the entire
or part of the service.
- In the case of modification in ICANN's policy or cessation
in the registry(VeriSign), KICA may cut off the service.
- According to clause 1, in case of cessation in service,
KICA announces related reports on the bulletin board of the
homepage for more than 7 days.
Clause 5 (Registration)
- The member has to apply for registry after filling in the
forms according to the application model designated by the
KICA and has to prove his intentions that he approves with
the regulations of the terms. In addition, he has to fill
in the "Domain name registry application form" provided
at the homepage in order to register the domain name.
- The registrar can register the domain name himself, by
the Internet Service Provider(ISP) or through a proxy.
- Among the registrars who have applied for membership,
KICA registers as members the people who do not go under
the conditions of the following statements.
- In the case of when the registrar does not accede to
the regulations of the terms of the "Uniform Domain
Name Dispute Resolution Policy."
- In the case of when the registrar has once failed his
qualifications as a member(However, those who have been
approved by the KICA to re-register after 3 years of disqualification
are an exception.)
- In the case of when perjury, entry omission, error in
writing is found.
- In the case of when the person's registry is deciphered
to be a conspicuous technical hindrance to KICA.
- In the case of when other special KICA is required.
Clause 6 (Modifications of Agreement)
- The member has to make immediate on-line adjustments
in case of changes
in personal information, and notify the contents of adjustment
to KICA through
e-mail or other means. However, in the case of adjustments
in the registrar's
domain name and related information, he has to fill in the
revision application
form at the homepage and submit it through the internet. The
member holds
responsible for any problems that may arise due to misperforms
of the above.
- KICA registers the revision application form under clause
1, changes the
revised information and reports the results of revision to
the e-mail address,
which is entered by the registrar on the application form.
Clause 7 (Seccession and Bereavement of Eligibility)
- It is up to the member request secession freely
to the KICA. In such a
case, KICA takes immediate action in secession.
- KICA holds the right to restrict member's rights or cease
service if the
member refers to any of the following statements.
- In the case of when the member has entered perjury.
- In the case of when the member has not performed his financial
obligation on
the appointed date, which he holds responsible for under the
name of KICA
regarding the homepage such as purchase of goods and services.
- In the case of when the member has disturbed others' usage
of service or has
posed a threat to telecommunication transaction such as appropriation.
- In the case of when the member through the usage of the
service violates
KICA's statute and performances that go against good public
affair and customs
which are strictly forbidden by the terms.
- In the case of when the KICA places restriction on the rights
of the member
and similar actions have been taken more than twice or is
not corrected within
30 days of warning, KICA possesses the right to bereave of
the membership.
- In the case of when KICA bereaves of membership, registry
of the member is
completely obliterated and is notified to the member.
Clause 8 (Notification on Membership)
- In the case of when the KICA notifies the member,
it is permitted to use the e-mail address, which the member
has submitted.
- In the case of KICA's notice of some number of members,
KICA makes an announcement on KICA's homepage for more than
1 week, which may replace the individual e-mail notice.
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| Chapter
2 Domain Service |
Clause 9 (Standardization of the Domain Name)
- The domain name uses only the English Alphabet('A-Z', 'a-z'),
numbers('0-9'), and hyphen('-'). A hyphen cannot be used on
the first and last
letter of the domain name.
- The domain name does not place distinction between capital
and small letters.
- The maximum length of the head of the domain name is 63
letters.
Clause 10 (Obliteration of the Domain Name)
- The KICA can erase the domain names in the cases of the following
statements.
- In the case of when perjury of the registrar on "Domain
name register
application form," or "Adjustment application form
related to domain name"has
been performed and authenticated as fraud register or adjustment.
- In the case of when the verdict is approved by the competent
court that the
registry and usage of domain name has been disturbing other's
rights, or is a
performance of unfair transaction or is illegal competition.
- In the case of when the maintenance fee of domain name
usage has not been
paid by the appointed date, KICA notifies members of reactionary
measures. As
well as in the case of when there is no reaction from the
member within 4 days
of notice.
Clause 11 (Annulment on Registration Request of Domain)
- The contents of the domain name registry is maintained only
till the date of
expiration of term and requests cannot be annulled.
Clause 12 (Reject to Transference of the Registration
Institute)
- The KICA can perform rejection to transference of registration
institutes in
the cases, which fall under one of the following statements.
- In the case of when the period of first registration does
not exceed 60 days.
- In the case of the domain name which is in progress of
dispute under the
regulations of the " Uniform Domain Name Dispute Resolution
Policy."
- In the case of when the domain name is in confusion of
registrar's
representation.
- In the case of when the registry fee and maintenance fee
of the domain name
has been deferred.
Clause 13 (Rates)
- Information concerning rates such as register,
maintenance and
transference fees of domain name are announced on the homepage.
- In the case of when the KICA revises the rate operations,
the new rates are
applied from the point of extension of the registrar's domain
name. The amended
rate operation policy is announced on the homepage 7 days
before practice.
Clause 14 (Maintenance of Registration Information)
- In the case of then the registrar passes away without erasing
the domain
name or transferring ownership, the KICA considers the domain
name to be valid
unless there is a successor of the former user designated
by the related
legislation, there is a ownership transference, there is a
nominal transference
or the validity of usage upon payment terminates.
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| Chapter
3 Proprietary Obligations |
Clause 15 (Personal Information Protection)
- In the case of when the KICA completes personal data to
discern individuals, it gets approval from the registrar.
However, there are exceptions for cases, which fall under
one of the following statements.
- In the case of when it is needed for the operation or service
usage contract.
- In the case of when it is needed for the accurate account
following the provision of
- In the case of when there are special regulations upon
related statutes.
- Registered personal information is remains strictly confidential
and cannot be revealed to a 3rd person without the member's
assent for other purposes or usage's. However, there are exceptions
in the case of the following statements.
- When the exact account following provision of service is
required.
- In the case of when it is needed for statistics, scientific
research or market research and is provided in the form of
not being able to discern individual data.
- When there is a request for criminal investigation or a
special request from the Communication Ethics Committee.
- In the case of when there are special regulations of other
related statutes.
Clause 16 (Obligations of the KICA)
- The KICA does not make performances which violate
the statements of the terms or the good public order and customs.
It exerts every effort to provide continuous and safe service
to the users.
- The KICA is equipped with a security system for the protection
of personal individual data.
- The KICA does not transmit advertisement e-mails of craftiness.
Clause 17 (Your Registration Obligations)
- The member should avoid the following during the
usage of the homepage service.
- Misperformances of using other members' ID illegally.
- Transmission or revealing of other information(such as
computer programs) than which is designated by the KICA.
- Reprinting, changing, publishing or transmission of information
which has been obtained through the homepage, and revealing
it to others for purposes other than member's usage, without
the approval of the KICA.
- Actions which disturb the KICA or a 3rd person's copyright
or other rights.
- Actions which are libelous to the KICA or a 3rd person
and disturbs their business.
- Revealing or spreading to others obscenity, threatening
messages, visual, audio or other content of sentences and
devices on the homepage, which violate the good public order
and customs.
- Performances which are looked upon objectively as complying
with crime.
- Performances which violate other related statutes.
- The member has to comply with the related statutes, regulations
of the terms as well as information and cautions of service
usage.
- The member has to comply with the service notices announced
by the firm and other restrictions on usage which are additionally
announced.
Clause 18 (Obligations on User ID and Password)
- The member holds full responsibility for the loss
of member ID and its password.
- The member should not allow a 3rd person to use his ID and
password.
- Once the member loses his ID and password or recognizes
someone else using them, he should immediately notify the
KICA and follow its instructions.
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| Chapter
4 Others |
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Clause 19 (Reversion of Copyright and Limitations
on Use)
- The copyright and other Intellectual Property Rights on
what the KICA has
filled in relegates by the KICA.
- The member should not reprint, transmit, publish, reveal
or use for other
kind of crafty purposes the obtained data from the service
or allow a 3rd person
to do so without the approval of the KICA.
Clause 20 (Indemnity)
- The KICA, in regard to the provision of its service and
damages, which
occur to the registrar, compensates only within the boundaries
of the approval
of its intervention.
- The member holds full responsibility for protecting the
KICA(including staff
and agent) and the registry(VeriSign) in regard to the registry
of the domain
name and its usage, as well as other problems which may occur.
The member is
responsible for all the expenses and compensations.
Clause 21 (Exemption Clause)
- The KICA holds absolutely no responsibility for
disturbance of personal rights, illegal transaction, illegal
competition and domain name dispute which rise related to
the request, register, revision, deletion of the domain name.
The KICA is completely unconcerned unless KICA has had any
interventions with the happenings. Thus, it does not stand
the denounces following legal prosecution and expenses.
- The KICA is exempt from responsibility in the cases of when
damages occur
through the free services provided by the KICA.
- The KICA is exempt from responsibility in the case of when
there is a
cessation in the provision of service due to ineluctable conditions
such as
natural disasters.
- The KICA is exempt from responsibility in the case of when
the member has not
obtain what he had expected without the intervention of the
KICA or when damages
occurred concerning service material eclectically or during
usage.
- The KICA is exempt from responsibility in the case of when
the member has
intervened or due to the intentions of a 3rd person, troubles
arise within
service and damages the user's data.
- The KICA is exempt from responsibility in the case of when
the member has
notified of transmitted data.
- The KICA is exempt from responsibility in the case of when
the members or
when the member has had transactions with the service as the
mediator with a 3rd
person.
- The KICA is exempt from responsibility in the case of occurrence
of damages
due to the member's violation of regulations and the member
holds full
responsibility for the compensation.
Clause 22 (Policy Regarding Settlement of Dissension)
- In the case of dispute progress in relation to the domain
name, KICA abides
by article 3 of the ICANN and RA (Registrar Accreditation
Agreement) pact, 8
Domain-Name Dispute Resolution and will take measures according
to the "Uniform
Domain Name Dispute resolution Policy" notified on ICANN's
website.
Clause 23 (Revisions to the Uniform Domain Name Dispute
Resolution Policy)
- The KICA's policy is heavily dependent on that
of the ICANN and revises
its "Uniform Domain Name Dispute Resolution Policy"
which is announced on the
homepage.
- In the case of when the registrar does not approve of the
revised "Uniform
Domain Name Dispute Resolution Policy," he should erase
the domain name.
However, if the member does not erase the domain name, he
will be considered to
have approved with the revision.
Clause 24 (Competent Court and Governing Law)
- For the adjudication of disputes concerning or
arising from use of the
Registered Name, the Registered Name Holder shall submit,
without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1)
of the Registered Name Holder's domicile and (2) where Registrar
is located.
[Additional Regulations]
(Operation date) This regulation begins on 19 August, 2002.
(Revision date) This regulation begins on 9 December, 2002
after revision.
(Revision date) This regulation begins on 24 December, 2002
after revision.
(Revision date) This regulation begins on 16 April, 2003 after
revision.
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