Terms of Service

Hosting and Colocation Service Agreement of Utilization

KOREANODE'S TERMS AND CONDITIONS

Please read and understand our policies as they are to protect the best interest of our customers as a whole.
1. Terms and Conditions

The terms regulate the conditions and procedures for the provision of services provided by KOREANODE to the User of the services. And terms of Service regulate the rights and commitments of both KOREANODE and the User.

1) General Terms and Conditions

(1) KOREANODE's Rights and Responsibilities

The KOREANODE does not guarantee that its services, personnel, or anything affiliated with KOREANODE is completely without fault and will not cause unintentional damages.

KOREANODE does not take responsibility to cover any damages caused by possible downtime of any service. And KOREANODE does not take responsibility for any service maintenance or delivery delays due to which were produced by third party services or other actions directly not controllable by KOREANODE. In cases where delivery is postponed due to external causes the customer has the right to request the next payment date to be moved accordingly. And KOREANODE reserves the right to demand upgrade of any service in case when KOREANODE deem for it to be necessary.

This is done to ensure the stability of the service and the rights to equal performance for any neighboring service user.

(2) User's Rights and Responsibilities

The User agrees with the Terms of Service. If not in compliance with Terms of Service, the User agrees not to use any of the services provided by KOREANODE. No abusive act or omission may be justified by involvement of third parties. The User is always held liable for any actions carried out using resources bought or leased for temporary use.

(3) User's Non-Compliance

In case of User's non-compliance with Terms of Service, KOREANODE will act under the sole discretion in order to restore compliance. If any illegal activities occur of which KOREANODE is aware of, KOREANODE will contact appropriate legal authorities.

2) Conclusion of contract

Contract is completed via below process. Payment of the User means agreement of the term and condition.

The confirmed payment by KOREANODE means conclusion of contract. Payment methods are available such as paypal, alipay, credit card, bitcoin etc.

Process of payment: (1) Login -> (2) Inquiry -> (3) Invoice -> (4) Payment

If necessary after payment is completed, KOREANODE may require you to submit separate written application and or Documents of proof (business license or ID).

3) Payment Verification

The User has to inform correct personal information, such as email address, to KOREANODE when registering in www.KOREANODE.com. Wrong personal information can make a service suspended and the suspended service can be restored by corrected personal information.

Refund for the suspended service because of the wrong information is not permitted. KOREANODE will send some notice to the User`s email address that the User input to www.KOREANODE.com when registering.

But If the notice, that will be sent 3 times, is not replied within seven [7] days, the service is suspended. Then, if there is no reply within three [3] days, the service is terminated and all data is deleted.

Backup has to be done by the User. KOREANODE does not take any responsibility of loss of the data.

4) Suspension, Cancellation and Refunds

(1) Suspension

KOREANODE reserves the right to suspend the service without notification in the following cases.

The service can be restored if below case is resolved.

- Non-payment until payment due date

- Causing network failure due to DDoS attack or due to poor management of server.

- Using the service for providing illegal services.

The suspended services can be restored in the following cases:

- Solved payment.

- Upgrading to a service with an option that allows DDoS attack.

- Confirmed, by staff of KOREANODE, that causes of the network failure is terminated.

Unless the suspended service is resolved within seven [7] days, the service will be terminated. Then IP and DATA will be deleted and cannot be restored.

(2) Limitation

A. In case of service type is a limited bandwidth when the server reaches 110% usage a rate limit will be applied, traffic of the User can be suspended if its bandwidth limit is exceeded and reaches 120% usage.

In order to restore the suspended traffic, the service type has to be upgraded by adding additional bandwidth or higher grade services. Then, the start date of the upper bandwidth or service will be the new start date instead of previous service start date.

B. Traffic of the User can be limited if too much network traffic seems like to affect other services.

C. If large amount of traffic attacks occur from a particular country, KOREANODE can limit inflow of traffic from the particular country.

(3) Refunds

A. Servers

Any Application for refund is allowed within three [3] days from the activation date (Activation date counts as 1 day) nonetheless if refund is requested after the 3 days then the amount of traffic used is calculated and deducted along with the installation fee (VPS: $5 / Dedicated Server: $50)

On refunding by KOREANODE, the service is immediately terminated and all data is deleted. Backup has to be done by the User.

KOREANODE does not take responsibility for any loss of data in the server.

Requesting refund from Account Credit is non-refundable unless otherwise specified.

Annual VPS can be refunded within 30 days of payment and will be pro-rated after the deduction of installation fee, and the amount of service days used

Annual VPS can only be refunded to the customers account credit if it has passed 30 days of service use

Annual Dedicated Servers can be refunded within 5 days after payment date and the installation fee will be deducted at that time.

If the 5 days has elapsed then there will be no refund permitted.

B. Addons

Refunds requested for addon services will be treated the same as Server Services, any request for addon refund past the allowed time will be credited to the customers account credit.

This does not include DDoS addons in which case DDoS addon refund is not allowed and can only be moved to account credit.

(4) Cancellations

KDADACENTER requires a seven (7) days notice of cancellation prior to the billing renewal date for the upcoming billing cycle. And cancellation is required to be submitted via ticket system. All data will be terminated and deleted immediately after cancellation. Backup has to be done by the User.

KOREANODE does not take responsibility for any loss of data in the server.

5) Support

KOREANODE provides hardware support related to each direct User's service functioning.

KOREANODE does not offer software support of any kind. KOREANODE does not provide any software support/troubleshooting for the software that is chosen from the order form.

KOREANODE only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. KOREANODE is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by KOREANODE or the User.

KOREANODE may provide enhanced software support (including kernel configuration) for an additional fee. For enhanced support fee, the User can contact to sales team of KOREANODE.

Each User is eligible for one [1] complimentary operating system(OS) reload per a billing cycle. For additional OS reload fee, the User can contact to sales team of KOREANODE.

Installing some software, that is not supported by KOREANODE, has to be approved by KOREANODE in advance surely. For the installation fee, the User can contact to sales team of KOREANODE.

KOREANODE does not provide any type of support to users of the User (third party Users).

KOREANODE will only provide support directly to the User of KOREANODE.

6) Legal violation

KOREANODE may monitor your account service and the conduct in which your account is used (but at no point are responsible to do so) to determine whether you and all Users are complying with this agreement.

KOREANODE reserves the right to suspend your account, or terminate your account with immediate effect without notice, if:

A. We believe that your use of the Service may be in breach of any law;

B. We believe that you or a User has committed a breach of this agreement;

C. We believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider's systems or networks; or the Service Provider suspends or terminates your account.

D. If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the Service Provider or KOREANODE in respect of any action reasonably taken by us or the Service Provider under this terms, and you indemnify the Service Provider and KOREANODE against any claim by a User arising out of the same.

7) Disclaimer

KOREANODE shall not be responsible for any damages your business may suffer.

KOREANODE makes no warranties of any kind, expressed or implied for services we provide.

KOREANODE disclaims any warranty or merchantability or fitness for a particular purpose.

This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by KOREANODE and its employees.

8) Choice of Law and Location for Resolving Disputes

The User agrees that the laws of the Republic of KOREA govern this contract and any claim or dispute that the user may have against KOREANODE or suppliers of KOREANODE, without regard to the conflict of laws.

The User further agrees that any disputes or claims that the user may have against KOREANODE or suppliers of KOREANODE will be resolved exclusively by a court located in the Republic of KOREA.

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