Chapter 1 General Provisions
The VoIP service provided by the Company cannot be used to make emergency calls to hospitals, medical institutions, police agencies, fire departments, etc.
Article 2 (Posting and Amending TOU)(1) The Company shall post contents of these TOU, along with its trade name, business address, representative director’s name, business registration number, contact information (phone number, email address, etc.) on the Internet website based on which the Service is provided.
(2) The Company may amend the TOU from time to time, provided that; such amendment does not breach the relevant laws including Regulation of Standardized Contracts Act, Framework Act on Electronic Commerce, Telecommunications Business Act, Act on Consumer Protection in Electronic Commerce, etc., Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
(3) When amending the TOU, Company shall post the effective date and the reasons for the amendment on the Internet website (skype.daesung.com) for seven (7) days prior to its effective date.
(4) User can express his or her disagreement to the amendment within seven (7) days from the effective date, upon which the Company can terminate the relationship with the disagreeing User. If no expression of disagreement is made by the User within seven (7) days after the amendment has come into effect, it shall comprise the User’s consent to the amendment.
Article 3 (Application of TOU)(1) The TOU is applied together with service instruction published by the Company on the Internet website.
(2) What is not specified in the TOU may be subject to applicable laws or the intent of the Service instruction.
(4) In case User enters into an agreement with Skype or other third party for the use of SkypeOut, SkypeIn, SkypeOut Subscriptions, or any other services provided by the Company in part or in its entirety (“Third Party Agreement), the TOU shall apply exclusively to the VoIP service the Company provides to the User. The TOU shall not apply to any service other than those specified in Article 10 Clause 1 hereof or what is posted on the Internet website. Third Party Contract that does not cover SkypeOut, SkypeIn, SkypeOut Subscriptions, or other services provided by the Company and does not overlap with the TOU shall maintain its effect.
Article 4 (Definitions)Capitalized terms used herein shall have the following meanings:
1. Internet Website: Internet website the URL of which is skype.daesung.com, from which you can download Skype software and use the contents provided by the Company.
2. Service: VoIP service and additional services the Company offers free or charge or at fees which are subject to change from time to time on Company’s sole discretion, the detail of which is set out in Article 10 hereof.
3. Skype Account: An account the User sets up with Skype in order to use the Skype software.
4. Service Account: An account in which the User’s Skype credit balance is displayed and used to purchase VoIP service.
5. Affiliates: All legal persons, companies, and other entities that is under the control of Company, controls Company, or under a common control, directly or indirectly. “Control” means owning more than 50% share of the interest in the legal person, company or other entity directly or indirectly.
6. End User License Agreement (EULA): Agreement between Skype and User regarding the use of Skype software.
7. User Qualification: Qualification to use VoIP service or the status of User which is created by application by User and approval of Company and maintained until deprivation, suspension or termination.
8. Username or User ID: Combination of letter and numbers set up by User upon creating Skype account and approved by Skype in order for the User to use the Services Company provides on the Internet Website.
9. Password: A code User selects which enables the User to access Skype account along with the Username.
10. Public Switched Telephone Network (PSTN): Analog telephone network which is configured to enable telephone communications among the subscribers of such network by connecting telephone lines to switching facility.
11. Skype: Skype Software Sàrl, 23 – 29 Rives de Clausen, L-2165 Luxembourg, Skype Communications Sàrl, 23 – 29 Rives de Clausen, L-2165 Luxembourg, or Skype, Inc, 3210 Porter Drive, Palo Alto, California, 94304, USA as the context requires.
12. Skype Window : Skype Software interface to help User use Skype Software and VoIP service provided by the Company.
13. Skype Credit: Balance amount shown in Service Account that can be used to pay for the VoIP service and other payable services that Company adds from time to time.
14. SkypeIn Number: Number allocate to the User, by the Company or the Skype In Number Provider, for the use of Skype In service in accordance to Telecommunications Business Act and Governmental Number Allocation Plan enacted by the Ministry of Information and Communication.
15. SkypeIn Number Provider: A service provider who has the right to allocate Skype In Numbers in Korea and with whom Company made contract to allocate Skype In Numbers.
16. Skype In: VoIP service that enables PSTN users to make calls to the User with Skype In Number.
17. Skype Out: VoIP service which enables the User to make calls to PSTN users.
18. Skype Software: Software developed and distributed by Skype to enable VoIP communication, including, but not limited to, the current and future versions, updates, upgrades, etc.
19. SkypeOut Subscriptions: SkypeOut calling plans which are made available on a subscriptions basis only.
20. VoIP Service: Payable services provided by the Company, including, but not limited to, Skype Out, Skype In, Voicemail, and other services the Company adds from time to time on its own discretion.
21. Skype Manager: A web-based management tool which lets you, as a designated administrator, organize multiple users as a single group and set up, manage and report on the usage of Skype by the members all in one place.
Chapter 2 User Agreement
(2) Company shall accept the request of the prospective User who made request for registration following the steps described in paragraph 1 above and conclude the user agreement, unless. 1. The requesting party previously had his or her User privilege revoked according to Article 6 Paragraph 3 of the Term, except that a period of three
(3) years has passed since such revocation and the Company accepted the re-admission of the applicant.
2. The requesting party provided false information, intentionally or unknowingly, or failed to provide required information.
3. It became clear that the requesting party seeks to obtain the User status with a criminal intent or to otherwise infringe the rights of others.
4. Company decides on its sole discretion that accepting the request infringes the interest of the Company for any reason
(4) Company may defer its acceptance in the following cases until the restrictive conditions are resolved.
1. The Company’s cannot accommodate additional User
2. Company is experiencing technical difficulties temporarily
3. Acceptance is difficult for other reasons
(5) Company may defer its acceptance according to Company’s Minor Protection Policy in case the applicant is under legal age.
(6) User registration and the conclusion of user agreement are deemed effectuated at the time the notice of Company’s acceptance reaches the applicant.
(7) If there is any change in the information submitted to Company through the Internet Website according to paragraph 1 of this Article and paragraph 2 of Article 9, the User must revise and update the information to reflect the change immediately.
Article 6 (Termination, Suspension, etc.)(1) User may request termination of his or her relationship with the Company at any time and the Company shall take immediate steps to comply with such User’s request unless there is any unsettled liability or any legal obstruction.
(2) Company may suspend the user privilege or limit the use of the Service if.
1. The User has made false statements at the time of registration or creating Skype account.
2. The User has failed to perform his or her obligation including making due payments for the use of the Service.
3. The User interferes with the use of the Service by other users or threatens electronic transactions order by illegally using other user’s information, etc.
4. The User acted in a manner that the TOU specifically prohibits or is against the public orders and standards of decency.
5. KCC or KISA requests the suspension of the User based on the User’s illegal activity such as sending out spam mail.
6. A request for such suspension was made by an administrative or law enforcement agency who has the investigative authority in relation to the User’s violation, alleged or convicted, of the Article 19, Paragraph 1 of the Juvenile Protection Act, the Article 4 of the Act on the Punishment of Activities of Sexual Traffic, etc., and the Article 9-2 of the Act on Registration of Credit Business and Protection of Finance Users.(Newly added)
(3) Company shall notify the effected User in case the Company decided to suspend the User’s account according to Article 2. The Company can make such notification after the suspension has taken effect.
(4) The Company may permanently withdraw the user privilege of the User if the reason for the suspension is repeated more than twice or not cured within thirty (30) days.
(5) When the Company decides to permanently withdraw the user privilege, it will delete the user registration of the effected User. In such a case, the Company shall notify the effected User and may allow an opportunity to appeal.
(6) The Company can classify and grade the Users based on their ages, the kinds of Services they used, durations and frequencies of the usage, etc. and discriminate the provision of the Services accordingly.
(7) Provided, however, that if the effected user has objections against such suspension resulting from the request of a law enforcement agency, he or she must appeal to the agency that made such request.(Newly added)
Article 7 (Username, password, and Account)(1) The User must use the username, password and Skype account to use the VoIP service. The User is solely responsible for keeping the confidentiality of his or her own username, password and Skype Account and shall be held responsible for any activity arising from the negligence in managing username, password and Skype Account.
(2) The User is responsible for any unauthorized or fraudulent use of his or her username, password, or Skype account. If the User finds out that his or her username, password or Skype Account has been involved in illegal or fraudulent activities, he or she must report the case to the Company and Skype in writing immediately. The Company cannot be held responsible for any damage or loss arose due to an unauthorized or fraudulent use of the User’s username, password or Skype Account for which the Company is not accountable.
(3) The Company and Skype reserve the rights to change User’s username, password if it is deemed necessary to prevent fraudulent use of the VoIP services. In such case, the Company and Skype shall notify the User the reason and the nature of such change.
Article 9 Consignment of Collection of Personal Data, etc(1) The Company may consign the handling and management of the User’s personal data to Skype located at 22/24 Boulevard Royal, L-2449 Luxembourg, Luxembourg.
(2) Additional data the User provides when purchasing Skype credits and other payable services can be transferred to Skype for the settlement of charges and fees between the Company and Skype and the maintenance of the personal data.
Chapter 3 Using the Services
Article 10 (Provision and Changes of the Services)(1) The Company provides the following Services to the User.
3. SkypeOut Subscriptions
4. Any other services that the Company developed or provides for the Users in collaboration with a third party provider
(2) You cannot use the VoIP service provided by the Company for an emergency use.
(3) The Company may change the content of its Services when the needs arise due to changes in technical specification or to improve the Service quality. In such cases, the Company shall post the specifics of the changes and the effective date beforehand on the website, etc. where then current description of the Services is posted.
(4) To use the VoIP services that the Company provides, the User must provide additional information that the Company requests and activate his or her service account by purchasing Skype credits or VoIP service.
(5) The Company does not provide the caller ID manipulation service.
Article 11 (Warranties and Liability for the Services)(1) The Company shall strive to provide stable and high quality Services. Nevertheless, the Company does not warranty that the VoIP service shall operate without fail, delay or other error at all times. Since the VoIP services are transmitted through public Internet lines and the public switched telephone network, there may be outage or Internet service disruption as well as VoIP service disruption, such as loss or delay of packet during the use of the Service. In addition, the incoming calls from and outgoing calls to a public switched telephone network are not encrypted and therefore can be intercepted by third parties on the public Internet or over a public switched telephone network. The Company is not responsible for any VoIP service outages, delays, eavesdropping or other omissions.
(2) Company at its sole discretion and without notice to the Users, can change the technical functionalities of the VoIP service in order to meet the needs of the market and technology development.
(3) Company shall not assume any liability for the content of the communications peddled by other users or any third party and the content of the communications is sole responsibility of the party who generates it.
(4) Company is not responsible for any service failure or damages suffered by the Users caused by the errors or defects of Skype Software. Any Skype damages caused by Skype software errors or defects must be resolved between the Users and the software provider according to the contract made between them.
Article 12 (The use of Services and Service interruption)(1) The Service will be provided for use on a 24-7 basis unless Company has a business or technical problem. However, Company may suspend the Service temporarily on the day or time set by the Company for system maintenance, expansion or replacement and the suspension of the Service due to a scheduled maintenance shall be announced in advance.
(2) Company may interrupt the Service temporarily without prior notice due to unavoidable reasons such as emergency system checks, replacement or expansion and may terminate the current Service completely due to a reason the Company deems reasonable such as switching to a new service.
(3) The Company can restrict or suspend part or all of the Services when normal provision of Services is impossible due to a national emergency, power outage, problems in communications networks or equipment of common carriers or class one special category carriers or failure of the Company’s own facility or sudden surge of traffic, etc. In such cases, however, the reason and the duration of such restriction or suspension shall be notified to the Users in advance or afterward.
(4) Company may not notify when prior notification is impossible such as the interruption of Service due to reasons beyond its control (disk or system failure that is not resulted by the system manager’s negligence) or system outages due to deliberate negligence of other communications operators.
(5) Company may divide the Services into specific domains and assign different times of availability by domain. In such case, it shall be notified.
Article 13 (User Posts)(1) Posts include images, texts, comments, video or audio files, etc.
(2) Problems or losses that occur as a result of the information posted by the Users (including all posts) is the responsibility of the User and the Company shall not take any responsibility unless the cause is willful or gross negligence of the Company.
(3) Users may not upload, post, or transmit contents that violate public order or public morals, the intellectual property rights including the copyrights and any other rights of others and shall take sole responsibility for any consequences of such posts.
(4) Company reserves the right to delete or refuse posting or uploading of the posts that are deemed against the purpose of the Company’s business without prior notice if the content.
1. Is insulting or defamatory toward other Users or a third party.
2. transmits, publishes or links to vulgar or obscene material, information, texts, pictures, audio or video files.
3. Contains a personal judgment or opinion on political or religious subjects and is deemed inappropriate in lights of the nature of the Service by the Company.
4. Encourages piracy or hacking.
5. Is deemed commercial use including advertisement.
6. Is judged to be related with crime.
7. Infringes upon the rights, including copyrights, of other users or any third party.
8. Is contradictory to the principles of posts set forth by the Company or inappropriate in lights of the nature of the board.
9. Is deemed to be in violation of governing laws and regulations.
Article 14 (Copyrights, etc.)(1) The copyrights and other intellectual property rights on the works created by the Company belong to the Company.
(2) User may not duplicate, transmit, publish, transfer, distribute, broadcast or otherwise use commercially or allow others to use the Company created material that is obtained while using the Service without prior consent of the Company.
(3) The copyrights for the posts posted on the Internet Website by the Users belong to their respective authors. In any circumstance, recorded audio or video files of communication with others cannot be posted or distributed without consent of the other party.
(4) The Company may use the posts registered by the Users free of charge without the permission of the Users within reasonable bounds conforming to fair practices provided in copyright laws, for the purpose of the activities related to operation, exhibition, transmission, distribution, and promotion of the Service as listed hereunder.
1. To reproduce, modify, adapt, exhibit, transmit, distribute, and edit within the range that does not hurt the copyright.
2. To deliver the post that has been registered to be notified or delivered to a certain User to its destination.
3. To allow service partners such as the media, carrier, etc. to provide, exhibit, or promote the content of the User’s post. In this case, however, the Company shall not provide or expose the User’s personal information other than the user ID which is basically exposed to the Internet site, without prior consent.
(5) User acknowledges and agrees that the license granted in clause 4 is conclusively valid while the Company provides the Services and after the withdrawal of the user privilege.
(6) In case the Company wishes to use the User’s post in a manner other than described in paragraph 4 of this Article, it shall obtain the consent of the User through the means of telephone, fax, email, etc. in advance, provided that, in case prior consent could not be obtained due to non-existence or falsehood of user’s contact information, or because the User does not respond to contact, the Company may make public notice on the Internet website for more than 7 days in lieu of users consent or obtain ex post facto consent. If the Company uses a user post commercially in accordance with this paragraph, a separate reward program may be applied.
(7) In case an objection is raised against the post by a third party, for reasons such as infringement of copyright or any other rights, defamatory, obscene or objectionable content, the Company may delete the post temporarily and such post can be restored only in case a relevant party makes a formal request based on the legal settlement through lawsuit, agreement, etc.
Article 15 (Charges and Fees)(1) The price, payment method, etc. for the payable services such as SkypeIn, SkypeOut, SkypeOut Subscriptions, etc. will be posted on the Internet website separately. User can use the payable services after directly purchasing the Service from the Internet website or charging his or her service account using Skype credits or promotional coupons the User purchased through the Internet website or given to the User by the Company or someone else.
(2) The ownership and the intellectual property rights on all the contents (including information) and services provided by the Company belong to the Company and the legitimate owners of such rights who partners with the Company, while the User is granted with the license to use the relevant service and contents when the User buys the Service and contents through Skype client or the Internet website.
(3)To prevent fraudulent use on the part of the User, Skype credits, promotional coupons, contents or other items received for free from others cannot be refunded.
(4) The license of Skype credits, contents, or items purchased expires after their respective expiration date indicated on the Internet website or face of promotional coupons. In case Skype credits, contents or items purchased lose their validity before their expiration date due to a change in the nature of the Service or the item related policy, it will be notified on the Internet website for more than 7 days and the Skype credits, contents or items that have its license left shall be compensated with new goods or other items with equal value.
(5) When SkypeIn number is purchased through Skype.com, auto-renewal is applied and the purchase will be renewed upon its expiration using the same payment methods and the period of validity.
The use of Skype Manager is entirely subject to Microsoft Services Agreement.
Article 16 (Account Balance)(1) The User can use the VoIP service while the balance of Skype credits is maintained in his or her user account. To recharge the User’s account, the User needs to either purchase Skype credits using his or her credit card, etc., promotional coupons or by other means that the Company permits. The new service account paid with a credit card that the Company accepts shall be activated after the receipt and approval of credit information.
(2) In case the Company provided a password or a promotional coupon code that represents a balance of Skype credits to the User, the User can activate the Skype credit balance by entering the password or the coupon code in the service page on the Internet website.
Article 16-2 (Prepaid calling card)(1) The Company can issue Prepaid calling cards in electronic (rechargeable) or non-electronic (non-rechargeable) form which User can use to purchase and use the VoIP service. The gross amount of issuance shall be determined in accordance with the relevant laws by considering the gross amount, cycle of circulation, unused balance, etc. of the recent 1 year and posted on the Internet website to let the Users see easily.
(2)The Company shall buy a warranty insurance policy the contract amount of which is equal to 100% of the gross amount of issuance to cover the losses of Users who still have unused balance, incurred by such events as suspension of the Service etc. due to reasons attributable to the Company.
(3) The gross amount of issuance for the prepaid calling cards that the Company will issue is One hundred million Korean won (100,000,000)
Article 17 (Refund)(1) The Company shall refund the unused and unexpired VoIP service or Skype credits upon User’s demand, according to the method and criteria set, and publicly notified, by the Company in accordance with the Provisions of the Consumer Compensation enacted as a Notice of the Ministry of Finance and Economy. In case the User demands a refund for unused but expired VoIP service or Skype credits within 5 years from the expiration date, 90% of the remaining value shall be refunded. In case the User demands a refund for SkypeIn service and SkypeOut Subscriptions that has not reached expiration, refund shall be made in proportion to the remaining period from the originally purchased period. In case of SkypeOut and Skype credits, if the denomination is less than or equal to 10,000 Won and the amount equivalent to 80% of the denomination has been used, 100% of the remaining balance is refundable. For the denomination larger than 10,000 Won, the remaining balance is 100% refundable if the amount equivalent to 60% of the face value has been used. Otherwise, 90% of remaining balance shall be refunded.
(2) Services purchased from a third party including Skype or paid with a coupon issued by the Company or gift certificate for VoIP service such as prepaid card, etc. cannot be refunded.
(3) In addition to preceding paragraph (2) and in accordance with the paragraph (6) of Article 15 (Charges and Fees) of these Terms, any Skype Products and features including, but not limited to, Skype Credit, Skype Subscription, and/or Skype Number, allocated to a member’s account through Skype Manager are subject to Microsoft Service Agreement and thus not refundable by Company.
(4) In case the User cancels the payment he or she has made previously by means of an international credit card or an international payment service such as CUP, Alipay, Tenpay, Money transfer from a Japanese or a European bank account, etc. using payment gateway system provided by ‘PayGate’, a partial cancellation and partial refund shall not be made.
(5) In case the license agreement is terminated by the User or the Company according to this TOU, the remaining balance of the User’s Skype credit will be refunded.
(6) Skype credit expires in 180 days from the last day it was used. After 180 days have elapsed from the date of the last usage, the remaining Skype credit balance becomes unusable and can only be refunded according to paragraph 1.
Article 18 (Price and Payment)(1) Unless otherwise stated herein or on the Internet website, all the prices and charges shall be in Korean Won and shown with inclusion or exclusion of the value added tax (VAT).
(2) The Company reserves the right to change the price of VoIP service at anytime by making 7 day prior notice on the Internet website. If the User does not wish to accept the change in price, he or she can terminate this license agreement with a written notice. Continuing to use the Service after the price adjustment shall comprise the User’s agreement.
(3) If the User believes there is an error in the Company’s billing, the User must contact the Company’s customer service department within 90 days from the billing. The Company reserves the right to refuse to make refund or adjustment on billing-related claims raised after 90 days.
Article 19 (Provision of Information)(1) The Company may provide a variety of information that is deemed necessary in using the Service to the Users by means such as email, etc.
(2) The Company may require additional personal information for the purposes such as service improvement and offering new services, etc. and the User can decide whether to accept such requirement.
Chapter 4 SkypeOut ServiceThe provisions set forth in this “SkypeOut Service” chapter shall apply in addition to the general provisions of these TOU in case the Company provides SkypeOut Service.
Article 20 (Emergency calls)(1) The VoIP service that the Company provides cannot be used to make calls to any type of emergency service such as hospital, law enforcement, medical facility, or any other emergency service.
(2) If the User allows someone else an access to his or her Skype account, the User must let the person know the VoIP service cannot be used for emergency use.
Article 21 (Charges)The fees charged for the SkypeOut service is calculated by multiplying applicable fee to the call duration. Call duration is measured in minutes and a minute is counted up after 5 seconds have elapsed since the end of the previous minute. The amount of fees charged during a call will be automatically deducted from the User’s SkypeOut service account.
Chapter 5 SkypeIn serviceThe provisions set forth in this “SkypeIn Service” chapter shall apply in addition to the general provisions of these TOU in case the Company provides SkypeIn Service.
Article 22 (Assignment of SkypeIn Number)(1) You can select a SkypeIn number from a set of numbers that are reserved by the Company and offered for SkypeIn service, unless the number of you preference is already being used by another user or there is a reason that interferes with your selection. The Company may assign a SkypeIn number other than the one you have selected if that number is already being used by another user or is not reserved by the Company.
(2) You may not transfer or collateralize the SkypeIn number assigned to you by the Company or someone designated by the Company to a third party without the Company’s prior written approval.
(3) The Company can reject, change, or revoke the assignment of SkypeIn number without assuming any responsibility in cases; i)the contract with the supplier who granted the dealership of the numbers is terminated, ii) government or law enforcement authorities’ request has been received, iii) you are in violation of the law or these TOU, or iv) it is deemed necessary by the Company for the operation of Service.
(4) In case the Company changes the SkypeIn number assigned to you, you will be notified of the effective date of such change and a new SkypeIn number. If you do not want to accept the new SkypeIn number, you can revoke your SkypeIn number with a notification to the Company in writing or by email.
Article 23 (Compliance obligation in using SkypeIn number)(1) You have an obligation to comply with the guidelines given by the Company or the SkypeIn number supplier, relevant laws and KCC instructions.
(2) Upon the Company’s request, you shall provide accurate information about your location of living, use of SkypeIn number, and implementation of the Company’s plan to assign SkypeIn number.
(3) In case a claim is raised against the Company by a third party due to your violation of paragraph 1 through 2, you will indemnify and hold the Company, its affiliates, officers and employees harmless from any costs and expenses incurred in defense.
Article 24 (Charges)Amount charged for SkypeIn service is deducted from your service account immediately after your application for the use of the service.
Chapter 6 Group Video CallThe terms and conditions specified in this ‘Group Video Call’ chapter shall apply in addition to general terms and conditions of these TOU in case the Company provides Group Video Calling to the User.
Article 25 (Usage Policy)(1) Fair Use Policy which limits the use of Group Video Calling to 100 hours per month, 10 hours per day and 4 hours per each session shall apply to a Group Video Call subscription. Any continual use beyond these limits shall automatically be switched to voice calling.
(2) Although up to ten (10) participants are allowed to join in a Group Video Calling session technically, the actual maximum number of participants may vary depending on the User’s system and using environment.
(3) In case the Group Video Call subscription expires or any of the limits set by Fair Use Policy is reached during a Group Video Calling session, further continuation of that session will be switched from a video calling to a voice calling.
Article 26 (Suspension of Use)The Company reserves the right to determine on its sole discretion whether a User is using the Service illegally or fraudulently. In case the Company deems a User violating the Fair Use Policy in using the Group Video Call service, it may withdraw the contract with the User or may suspend the User’s account immediately on its sole discretion
Chapter 7 Obligations
Article 27 (Obligations of the Company)(1) The Company shall commence providing the Service to the User on the commencement date the User requests unless the circumstance does not allow it.
(2) The Company shall repair or recover any equipment impairment or loss without delay to provide continuous and stable service unless an unavoidable circumstance does not allow it.
(4) If the Company finds opinions or complaints raised by the users are justifiable, it shall take care of them immediately through appropriate procedures, provided that, if the circumstance does not allow immediate treatment, the Company shall inform the reason and treatment schedule to the Users.
Article 28 (Obligations of the Users)(1) You must provide all information that is accurate and true when signing up for the Service or changing user information and if the information provided is false or not of yours, all of your user privileges will be revoked and you will cannot claim any right as a user.
(2) You must use the Service in accordance with these TOU, other rules set by the Company, our announcement, etc. and relevant laws. You may not act in the manner which interferes with the Company’s business or damages the Company’s reputation.
(3) If there is a change in your user information such as your address, contact, email address, etc., originally provided when you created your Skype account, the Company must be informed immediately through procedures set by the Company.
(5) You may not resell, lease the VoIP Service without the Company’s prior approval and shall be solely responsible for any consequence of such unauthorized commercial activity. Additionally, if the Company has suffered a loss or damage as a result of unauthorized commercial activities on your part, you have the responsibility to indemnify the Company for damage, and the Company can seek compensation through legal procedures in addition to suspending your user privileges.
(6) You cannot assign, transfer or pledge as collateral your user privilege or other status granted according to these TOU to a third party without the express consent of the Company.
(7) You may not conduct the following acts and breach in any of the following paragraphs may result in restriction of the Service or revocation of your user privileges.
1. Registering false information upon signing up for the Service or making amendments on your User Information.
2. Using other user’s username (ID) or password illegally.
3. Selling or leasing your username (ID) to others.
4. Eavesdropping, wiretapping, or otherwise infringing or interfering with the communications between others such.
5. Impersonating as an officer or an employee of the Company
6. Tempering with, damaging, changing, forging, or otherwise interfering with the operation of the Company’s information and communications systems, data or programs.
7. Inflicting harms to or willfully interfering with the Service.
8. Copying the information obtained while using the Service for the purpose other than the use of the Service, publishing, broadcasting or providing to a third party such information without obtaining the Company’s prior approval.
9. Transmitting, posting, or distributing through email and other means, the vulgar and lewd contents that might be against public order and public moral, in forms of signs, texts, images, audio and video files.
10. Transmitting, posting, or distributing through email and other means, contents that might insult or slander other person or infringe the honor and privacy of another person.
11. Transmitting or delivering signs, texts, images, and videos that might cause fear or anxiety to other user or otherwise inflicting constant pain or discomfort on the others using the Service.
12. Collecting and storing other user’s personal information without the Company’s approval.
13. Communicating contents of a criminal intent or instigating or abetting a crime using the Service.
14. Violating these TOU and other rules or conditions on the use of the Service set out by the Company.
15. In case the subject of communication is a “material harmful to juvenile” as defined in Juvenile Protection Act, engaging in a communication with commercial purpose without complying with legal obligations such as verifying the age of the recipient and attaching proper marking, etc.
16. Intercepting and recording a communication among others without legal authority and transferring or distributing such information to others.
17. Recording a call without prior consent of the other party and sending it to a third party.
18. Infringing the intellectual property rights or any other rights of others.
19. Any other acts prohibited by law.
Article 29 (Liabilities)(1) In no case shall the Company be liable for any damages inflicted to the User during the use of the Service unless the cause of such damages are directly attributable to the willful or gross negligence of the Company in connection with the provision and the User’s use of the Service. The Company does not warranty the suitability, accuracy, timeliness, or credibility of the information, product, service, software, graphics, audio or video related with the use of the Service.
(2) The Company does not screen or censor User posts. The Company also does not check or review the contents of the User post at all times. The Company assumes no responsibility whatsoever for the User posts.
Article 30 (Termination)(1) In no case shall the Company be liable for any damages inflicted to the User during the use of the Service unless the cause of such damages are directly attributable to the willful or gross negligence of the Company in connection with the provision and the User’s use of the Service. The Company does not warranty the suitability, accuracy, timeliness, or credibility of the information, product, service, software, graphics, audio or video related with the use of the Service.
(2) The Company may terminate this agreement in the following cases; provided that, the Company shall express its intention to terminate the agreement and the reason of it to the User by email, telephone, fax or other similar means. The Company may allow the User an opportunity to appeal.
1. The grounds for the rejection of acceptance set out in Article 5 herein or revocation of user privileges set out in Article 6 have been confirmed.
2. The User’s Skype account has been revoked and closed by Skype in accordance with the Skype’ End User License Agreement.
3. The User infringed the honor, credibility, or any other just interest of the Company or other users or a third party.
4. The User acted against the law.
5. The User died or has not used the Service for more than a year.
6. The User otherwise acted against these TOU.
(3) The losses entailing the termination shall be a sole responsibility of the User and the Company does not assume any liability for them.
Chapter 8 User Protection
Article 31 (User protection)(1) The Company shall operate Customer Service Center to protect the rights and to treat any complaint or difficulties of the User. The Company shall maintain a good relationship with Customer Support department and Skype to ensure close cooperation to protect the Users.
(2) The Company shall deploy at least one dedicated customer service agent at all times to receive and treat customer inquiries and complaints.
(3) The Company shall set up and operate a telephone or Internet customer support center to receive demands and complaints of the Users raised while using the Service.
(4) The Company shall establish and operate an internal treatment process to take care of the User complaints. Additionally, the Company shall predict, categorize and treat the complaints from the Users as follows.
1. Call and Service quality: continuously upgrade and improve the functions and the quality of the Service.
2. Charges: Do its utmost to protect the Users rights and interest in case the Company is attributable for a problem in regards to the billing and the payment.
3. Additional Services and Contents: Strive to provide good services to the Users such as providing a variety of extended services and contents other than the VoIP service.
5. Redress: If the User suffers loss or damage due to a reason attributable to the Company, the Company shall compensate the affected User in accordance with these TOU and relevant laws and take corrective measures.
Article 32 (Customer Support Center)(1) The Company may entrust the operation of its customer support center to a third party and provide information necessary to treat the User requests and inquiries to the trustee on a need-to-know basis, provided that, the Company shall notify the purpose of entrust, the items of information provided to the trustee, the name, address, contact information of the trustee on the Internet Website.
(2) The operation hours and contact information of the customer service center are as follows.
- Operating hours : 09:00~18:00 Weekdays
- Saturday, Sunday and holidays are closed.
- Lunch break: 12:00~13:00
- Phone : 1566-8130, 02-2165-7000
- Fax : 02-6388-6540
- Web site : http://skype.daesung.com
- email : firstname.lastname@example.org
- send mail to: Skype representative
Chapter 9 Indemnification and miscellaneous
(2) If the user inflicted damage knowingly or by negligence on the Company, the User shall indemnify for the general damage.
Article 34 (Immunity)(1) The Company shall be exempt from its obligation to provide the Service if the Service is disrupted by act of God, war, conventional system upgrade and check, and other force majeure situation.
(2) The Company shall be exempt from any liability in case of the Service is interruption caused by interruption of or failure to provide contracted telecommunication service by the common carrier or the class 1 special category carrier.
(3) The Company shall be exempt from liability for the damage incurred by inevitable causes including repair, replacement, scheduled inspection, other work on the Service facilities.
(4) The Company cannot be held responsible for any service failure or damage incurred by causes attributable to the User.
(5) The Company shall not be held responsible for the damages incurred by an error on the User’s computer, leakage of the User’s username (ID) and password, and the false or inaccurate statement of the User such as providing bogus personal information, email address, etc.
(6) The Company shall not be liable for the User’s unrealized profit or loss of money in using the Service.
(7) The Company shall not be liable for any damages arising from information obtained during a call or while using the Service. In addition, the Company shall not be liable to compensate for the psychological damage incurred by other user while using the Service.
(8) The Company is not responsible for the reliability, accuracy, etc. of the information, data, and facts posted on the Internet Website by the Users.
(9) The Company is not obligated to intervene in any dispute between the User and a third party related with the Service provided by the Company and also has no obligation to indemnify for any damage incurred by such dispute.
Article 35 (Notification)(1) When the Company sends a notification to the User, the notification will be sent to the email address the User has provided to the Company.
(2) When the Company makes a notification to unspecified Users, the Company can post the notice on the Internet Website for more than 7 days in lieu of individual notification.
Article 36 (Jurisdiction and Governing Law)(1) What is not expressly specified in these TOU shall follow relevant laws including Telecommunications Business Act and the custom of trade.
(2) Any lawsuit raised in relation to a dispute arising from the use of the Service shall be subject to the jurisdiction of the Seoul Central District Court.
(1) These TOU is effective from 1st of April, 2016.