DanaIX Terms and Conditions

Article 1 (Purpose)

DanaCloud IaaS Terms of Service (hereinafter referred to as the “Terms”) are intended to stipulate the rights, obligations, and responsibilities between DanaCloud Co., Ltd. (hereinafter referred to as the “Company”), which provides cloud services, and the users (hereinafter referred to as the “Customer”) in connection with the use of the Company’s cloud services.

Article 2 (Definitions)

The terms used in these Terms shall be defined as follows. Any terms not defined herein shall be interpreted in accordance with the relevant laws or the service guides posted on the Company’s website.

DanaCloud Virtual Server (NovaVM): Includes hardware and software used for exchanging client programs and data over the Internet.
Internet Data Center (IDC): A dedicated facility designed to support DanaCloud servers in connecting to a large-scale Internet backbone and to facilitate operation and management.
System Management Service: Refers to ancillary services such as outsourced server management services in addition to the cloud services provided by the Company, collectively referred to as the “Services.”
Line: A line provided by the Company for Internet connection, with units of speed measured in Mbit/sec or Gbit/sec.
Traffic Volume: The amount of data uploaded or downloaded by a client program to or from a virtual server during a certain period of time, measured in Mbyte/sec or Gbyte/sec.
Bandwidth: The capacity occupied by a client program to send and receive data through a physical line, measured by the width of the NMS based on traffic volume, using Mbit/sec or Gbit/sec as units.
Service Usage Fees: The service costs charged by the Company to the Customer for the performance of the service contract, including regular fees under the contract as well as irregular fees such as additional traffic charges, server installation, and technical support based on actual costs.
Volume: A unit used for the management of data storage media.
Regular Maintenance: Refers to pre-announced works and operations, such as repair, inspection, replacement, upgrade, and maintenance of servers and network/security equipment and other information and communication facilities, conducted every Sunday from 00:00 to 07:00 to prevent service failures or communication interruptions.
Emergency Maintenance: Refers to unscheduled stabilization works performed to correct unexpected errors, other than Regular Maintenance.

Article 3 (Notice and Amendment of the Terms)

These Terms shall take effect upon being posted on the Company’s website (www.danacloud.com).
In the event the Company amends these Terms, the Company shall specify the effective date and the reason for amendment and shall post the current Terms together with the amended Terms on the main page of the Company’s website for at least seven (7) days prior to the effective date (or thirty (30) days in case of unfavorable or material changes to the Customer).
If the Customer does not agree to the amended Terms, the Customer may raise an objection. However, if the Customer continues to use the Services without expressing refusal after seven (7) days (or thirty (30) days in case of unfavorable or material changes to the Customer) from the effective date of the amended Terms, the Customer shall be deemed to have agreed to the amendments.

Article 4 (Application Outside the Terms)

Any matters not specified in these Terms shall be governed by the relevant laws and regulations, commercial practices, and the service guides posted on the Company’s website. Any other matters shall be applied in accordance with industry practices.

Article 5 (Principle of Freedom of Contract)

The Customer shall enter into the service agreement voluntarily and shall not conclude the agreement under coercion or undue pressure from others.

Article 6 (Types and Changes of Services)

The Company shall post the types, contents, prices, and other related matters of the Services on its website, and the Customer shall apply for the use of the Services based on such information.
The Company shall announce any new or changed Services through its website. For Customers already using the Services, such changes shall be posted on the website, and if the Customer does not raise an objection within seven (7) days of such posting (or within thirty (30) days in the case of unfavorable or material changes to the Customer), the Customer shall be deemed to have consented to such changes.

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

A Customer may use the Services only after consenting to the Terms posted on the Company’s website. By selecting a service product on the website and clicking the “Agree” button in the consent procedure, the Customer shall be deemed to have agreed to these Terms of Service.
After completing the entry in the form prescribed by the Company following the consent procedure, the application for use of the Services shall be completed. Depending on the importance of the contract or business necessity, the Company may require the Customer to submit a separate written application and copies of supporting documents (e.g., a copy of the business registration certificate for corporate entities, or for individuals, date of birth, consent form for the collection and use of personal information, etc.).
When applying for the Services, the Customer must provide his/her real name and accurate information. If the Customer violates this provision by using a false name or providing inaccurate information, such violation of this obligation may result in deletion of the Customer’s DanaCloud servers and ancillary services upon termination, causing property damage to the Customer, and the Customer may be deprived of legal protection and restricted from using the Services.
The personal information provided by the Customer at the time of application shall be protected in accordance with the relevant laws and the Company’s Privacy Policy.

Article 8 (Acceptance of Service Application)

The Company shall, in principle, accept the Customer’s application for use in the order received, provided that the Customer has accurately completed the matters specified in Article 7, unless there are special circumstances.
The Company may refuse an application for the Services in any of the following cases:
1. Where the application is made under a false name.
2. Where the application is made using another person’s name.
3. Where the application form contains false information.
4. Where the applicant has a history of receiving attacks that caused network disruption or is deemed likely to adversely affect the normal use of Services by existing Customers through similar services.
5. Where the applicant operates an illegal website under domestic or international law (e.g., illegal adult content, illegal gambling, anti-state organizations, etc.).
6. Where the applicant is delinquent in payment of fees for other services provided by the Company.
7. Where the applicant has a history of delayed payments or improper use of the Services in the past.
The Company may withhold acceptance of an application in the following cases:
1. Where there is no capacity in the facilities, where provision of the Services is technically difficult, or where acceptance is difficult due to changes in the Company’s service policies or other Company circumstances.
2. Where the applicant is a minor as defined under the relevant laws and regulations.

Article 9 (Formation of Service Agreement and Service Commencement)

The Service Agreement shall be deemed formed, and the Services shall be activated, when the Customer completes the consent to the Terms and the application for use of the Services, and the Company accepts such application.
If no separate written service agreement is executed between the Customer and the Company, the service agreement may be substituted by retaining copies of these Terms of Service, the service product information posted on the Company’s website, and the Customer’s service application records.

Article 10 (Responsibilities of the Company)

The Company shall be responsible for providing the Services requested by the Customer on a continuous and stable basis.
The Company shall secure sufficient bandwidth to ensure that there are no problems in operating the network bandwidth contracted by the Customer.
In the event of a disruption in the operation of the Services, the Company shall immediately repair or restore the Services and shall make its best efforts to provide stable Services.
The Company shall promptly address the Customer’s legitimate opinions or complaints, or handle them within the period and procedures specified by the Company.
The Company shall collect and retain the Customer’s personal information for the smooth application and operation of the Services, and shall not provide such information to third parties without the Customer’s consent. However, exceptions shall be made where such provision is required by law for investigative purposes, requested by public institutions, or provided to a credit information agency in the event of delinquent payment of service fees.
The Company shall endeavor to provide convenience to the Customer in procedures and matters related to the conclusion, modification, and termination of the service agreement.

Article 11 (Responsibilities of the Customer)

The Customer shall pay the service fees prescribed by the Company on the designated due date.
The Customer shall not engage in any acts that interfere with the operation of the Services of the Company or other Customers.
The Customer shall not use the Company’s Services to engage in any acts that are illegal under domestic or international law.
The Customer shall perform regular security updates to ensure that the server is protected against unauthorized intrusions. Unless a separate security service agreement is entered into, the Company shall not be liable for any security incidents.
The Customer has the obligation to separately back up the data on the server. The Company shall not be liable for any data leakage, omission, or loss resulting from hardware failure or external intrusion.
The Customer shall be responsible for any copyright issues arising from the server, and shall install only software for which licenses have been obtained or software that does not require licenses.
The Customer shall be responsible for managing all IDs and passwords, and shall be liable for any damages resulting from their disclosure.
If there is any change in the information provided at the time of service application, the Customer shall promptly update such information through the prescribed procedures. The Customer shall be liable for any issues arising from delays in making such updates.

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

The copyrights and other intellectual property rights of works created by the Company shall belong to the Company, and the Customer shall not infringe upon the intellectual property rights of the Company or any third party.
The Customer and visitors to the Company’s website shall not, without the prior consent of the Company, reproduce, transmit, publish, distribute, broadcast, or otherwise use for commercial purposes any information obtained through the Company’s Services, nor allow any third party to use such information.

Article 13 (Principle of Service Provision)

The Company shall, in principle, provide the Services on a 24-hour basis, year-round, without interruption. However, the Services may be temporarily suspended when regular maintenance or system upgrades are required, and any service suspension due to such operations shall be announced in advance through the Company’s website or by email.

Article 14 (Disclaimer in Case of Service Suspension)

In the event of service suspension due to any of the following reasons, the Company may limit or suspend all or part of the Services without separate notice, as such situations cannot be controlled or prevented by the Company. The Company shall not be liable for any damages whatsoever arising from service suspension caused by any of the following:

Temporary suspension of Services due to unexpected failures of the Company’s network equipment or servers, or due to emergency maintenance.
Unexpected suspension of Services due to failures occurring in facilities or equipment not owned by the Company.
Network disruptions in the routes of common carriers as defined under the Telecommunications Business Act.
Implementation of regular or emergency maintenance for service upgrades and maintenance.
National or regional emergencies, force majeure events such as acts of God, or natural disasters that make it impossible or difficult to provide normal Services.
Inability to provide normal Services due to power outages, failures of various facilities, or excessive service demand.
Accidents caused by mistakes in management by the Customer’s server administrator, internal personnel, or third parties.
Disadvantages arising from the Customer’s failure to update membership information when there are changes to Customer information, resulting in failure to receive service notices or guidance.
Interference by the Customer with the Company’s business operations.
Occurrence of any of the events specified in Article 15.

Article 15 (Restriction of Network Access)

The Company may suspend the network access of the Customer’s operating server and require resolution of the issue if the Customer’s use of the Services falls under any of the following:

Violation of the Customer’s obligations as stipulated in Article 11.
Failure to pay service fees.
Use of the Customer’s server exceeding the permitted network bandwidth.
The Customer’s server causing network disruption due to excessive packet generation or broadcasting.
The Customer’s server being hacked or suspected of being infected by a virus.
The Customer’s server not being updated with necessary security patches and deemed to pose a risk to service operation.
Excessive use of international lines resulting in a request for resolution from a common carrier.
A request from a government agency, through due legal process, for temporary suspension of the server.
Failure to comply with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and other related laws and regulations.

Article 16 (Amendment and Restriction of Service Agreement)

If any of the following changes occur in relation to the contents of the Service Agreement, the Customer shall immediately apply for such changes through the prescribed procedures, and the Customer shall be liable for any issues arising from delays in updating the information:
1. Change of the trade name, name, or address of the Customer or the person responsible for payment of service fees.
2. Change in the type of contract (including service product type, line type, access line bandwidth, contract period, or purpose of use).
If the Customer uses the Services beyond the agreed scope under the Service Agreement, the Company may change the contract terms after notifying the Customer through the registered contact information.
In the event of cost increases during the provision of Services, the Company may raise the service fees with the Customer’s consent, and if the Customer does not consent, the Company may terminate the agreement.
In the event of delinquent payment, the Company may restrict applications for changes to the Services.
Applications for changes to the Services may be restricted if there is insufficient facility capacity, technical difficulties, or changes in the Company’s policies.

Article 17 (Term of the Service Agreement)

The Service Agreement shall remain valid from the commencement date of the Services until its termination. Unless either party expresses an intention not to renew at least thirty (30) days prior to the expiration of the contract term, the agreement shall be automatically extended under the same conditions.

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

In the event that the Customer’s legal status is succeeded by a third party due to inheritance, merger, division, or business transfer, such matters shall be handled in accordance with the relevant laws and regulations, and the Company shall not be involved without special reason.
In the event of succession as set forth in the preceding paragraph, the Customer shall submit a copy of the business registration certificate and other relevant documents required by the Company within thirty (30) days from the date of occurrence, and the Company shall update the Customer information upon verification.
The Customer shall fully pay all fees accrued up to the time of succession, and if payment is not completed, cooperation in business matters may be refused.
The third party who has succeeded to the Customer’s status under this Article shall assume the rights and obligations for the remaining contract period, and in the event of any dispute related to the Service Agreement, the Customer and the successor third party shall be jointly responsible for resolving it.
If the third party successor fails to fulfill contractual obligations after succession under this Article, the original Customer shall be deemed not to have fully withdrawn from the contract. At the Company’s discretion, liability may be imposed on the original Customer, who shall remain responsible for such obligations.

Article 19 (Termination of the Service Agreement)

If the Customer fails to pay service fees for two (2) months or more, the Company may terminate the Service Agreement and demand payment of the outstanding fees.
Free services may be discontinued without separate notice upon termination of the Service Agreement.
If the Customer becomes subject to bankruptcy, seizure, or other significant adverse property-related events, the Company may immediately terminate the Service Agreement.
Prior to termination of the Service Agreement, the Customer shall back up all data stored on the server, and upon termination, all such data shall be deleted.

Article 20 (Termination of the Service Agreement at the Company’s Discretion)

The Company may terminate the Service Agreement without prior consultation or notice to the Customer if any of the following events occur:

Failure to take measures regarding delinquent payments.
Submission of false information.
Interference with the operation of the Services.
Request for service suspension pursuant to legal procedures.
Transmission of unlawful spam resulting in blacklisting.
Causing damage to other Customers through network attacks.
Infringement of third-party property rights due to failure to use legitimate software.

Article 21 (Installation of Operating System on Virtual Server and Commencement of Services)

The Company shall activate the Services after confirming the service application and reviewing the availability of equipment and facilities. Requests for operating systems that cannot be supported may be refused.

Article 22 (Provision of Access Line and IP Address)

In principle, one basic access line shall be provided, and one IP address shall be allocated per server. If additional IP addresses are required, separate charges shall apply.

Article 23 (Technical Support Procedure, Disclaimer, and Compensation for Damages)

The Customer shall manage the server directly but may request technical support from the Company if necessary. The Customer shall review the results of the technical support within seven (7) days and notify the Company of any issues. The Company shall not be held liable for any problems discovered after seven (7) days from the date of technical support.

Article 24 (Prevention of Unlawful Spam Transmission)

The Customer shall comply with the laws and regulations related to unlawful spam. In the event of a complaint regarding unlawful spam, the Customer shall take appropriate measures within seven (7) days. Failure to take such measures may result in suspension of the Services or other actions.

Article 25 (Customer’s Obligations for Prevention and Response to Electronic Intrusion Incidents)

The Customer shall take security measures against electronic intrusion incidents such as hacking and viruses, and shall faithfully comply with the Company’s instructions regarding the prevention of and response to such incidents. In the event of an electronic intrusion incident, the Customer shall immediately notify the Company.

Article 26 (General Principles of Service Fees)

The service fees shall consist of basic fees and additional fees. Payment of fees shall, in principle, be made in arrears, but advance payment is also permitted.

Article 27 (Payment of Service Fees)

The Customer shall pay the service fees on the designated due date, and failure to do so may result in termination of the Agreement. When paying the service fees, the Customer shall notify the Company of such payment, and the Company shall not be held liable for any disadvantages arising from the Customer’s failure to provide such notice.

Article 28 (Settlement Method of Service Fees)

Service fees for newly subscribed Services shall be calculated based on the service commencement date, and in the case of service changes, the fees shall be applied from the date of such change.

Article 29 (Management of Delinquent Service Fees)

In the event of non-payment or delinquency of service fees, the Customer’s use of the Services may be restricted, and if service fees remain unpaid for two (2) months, the Company may terminate the Service Agreement. Information regarding non-payment or delinquency may be provided to credit information agencies, and collection of overdue service fees may be entrusted to a debt collection agency.

Article 30 (Imposition of Late Payment Penalty)

If the Customer fails to pay the service fees by the due date, the Company may charge a late payment penalty on the overdue service fees at an annual rate of six percent (6%) calculated for the period from the due date until the date the overdue amount is fully paid.

Article 31 (Objections to Billed Service Fees and Handling of Overpayments or Mispayments)

Objections regarding billed service fees shall be made within ten (10) days from the date of issuance of the invoice, and the Company shall notify the Customer of the result within seven (7) days from the date of receipt of such objection. If it is confirmed that service fees were overpaid or mispaid, such amounts shall, in principle, be offset against the service fees for the following month in an equivalent amount. However, upon the Customer’s request for a refund, the Company shall process the refund, and the Customer shall submit the relevant documents reasonably requested by the Company.

Article 32 (Scope of Compensation for Service Disruptions)

In the event of a service disruption caused by the Company’s willful misconduct or gross negligence, whereby the Customer is unable to use the Services (meaning cases where the Company provides a monthly availability rate lower than that specified in the Service Level Agreement (“SLA”) set for each Service, resulting in damage to the Customer), the Company shall compensate for damages based on the SLA upon the Customer’s claim. To claim damages, the Customer shall submit a written application specifying the reasons for the claim, the claimed amount and calculation basis, and detailed information regarding the disruption.
If the Customer is unable to use the Services due to the Company’s willful misconduct or gross negligence, the Company’s liability shall be limited to compensation for damages pursuant to this Article.
The SLA for each Service shall be separately determined, and for Services without an established SLA, compensation shall be provided based on the standards set forth below.

Compensation Standards for Service Disruptions (Service disruption compensation is calculated based on the following percentages of the monthly service fee, excluding line charges.)

Service Disruption (minutes)	Compensation Amount
217 ~ 240 minutes	8% of monthly service fee
241 ~ 720 minutes	12% of monthly service fee
721 ~ 1,440 minutes	23% of monthly service fee
1,441 ~ 2,880 minutes	47% of monthly service fee
2,881 ~ 4,320 minutes	70% of monthly service fee
Over 4,321 minutes	100% of monthly service fee

Article 33 (Compensation Related to Backup Services)

When the Customer uses the Company’s backup services, the Company shall provide the backup service as notified to the Customer, which includes:
1. (i) storage of one week’s backup (from Monday to Sunday) for Hot Backup
2. (ii) off-site backup performed weekly on Sundays
3. (iii) storage of four weeks of backups (one backup per week, retained four times).
The Company shall endeavor to maintain a backup compliance rate of 99.99% or higher.
In the event of incomplete performance of the backup service, the Company shall compensate the Customer by not charging the service fees (postpaid) for the applicable month, thereby covering the Customer’s damages.
If the Customer is unable to use the backup services due to the Company’s willful misconduct or gross negligence, the Company’s liability shall be limited to compensation under paragraph 2 of this Article.

Article 34 (Claim for Damages)

When filing a claim for damages, the Customer shall submit to the Company a written request specifying the reason for the claim, the amount claimed, and the basis of calculation.

Article 35 (Claim for Damages Against the Customer)

If the Customer causes damage to the Company by violating these Terms, the Company may claim compensation for damages from the Customer.

Article 36 (Indemnity)

The Company shall not be liable for any damages incurred by the Customer arising from the Customer’s violation of Articles 14, 15, 20, 24, 25, 26, and 27 of these Terms.
The Company shall not be liable for any damages arising from the Customer’s failure to obtain expected benefits from the Services or from the use of the Services.
Customers who do not use the Company’s backup services shall perform their own backups, and the Company shall not be liable for any damages resulting from the Customer’s failure to do so.
The Company shall not be liable for any losses arising from transactions between Customers or between a Customer and a third party.
The Company shall not be liable for any damages related to the use of services provided free of charge by the Company.

Article 37 (Penalty for Early Termination of Discounted Service Contracts)

If the Service Agreement includes a contractual discount and the Customer terminates the Service Agreement before the expiration of the agreed period, the Company shall impose on the Customer, as a penalty, the total amount of the contractual discount corresponding to the actual period of use. The total contractual discount shall be calculated by multiplying the monthly discount amount by the actual number of months of use, and if the last month of use is less than a full month, the actual number of months of use shall be calculated on a pro rata basis.

Article 38 (Dispute Resolution)

In the event of any legal dispute arising in connection with these Terms or the Service Agreement, the parties shall first seek to resolve the matter amicably through mutual consultation. If such consultation fails, the dispute shall be resolved by filing a lawsuit with the competent court in accordance with the Civil Procedure Act and other applicable laws and regulations.

Article 39 (Language)

These Terms shall be prepared in both Korean and English. In the event of any inconsistency between the Korean and English versions, the Korean version shall prevail to the extent of such inconsistency.