A. Usage Provision Confirmation
Part 1 General Rules
Article 1 (Goals)
This agreement, in accordance to the Telecommunications Business Law, the laws on communications network usage facilitation, and other related laws, stipulates the usage conditions, processes, and other necessary details for internet services (referring to the services offered by the NK SDG Website en-nksdg.org) of the Database Center for North Korean Human Rights (hereafter the “organization”).
Article 2 (Provision’s Validity and Amendment)
A. This provision’s contents are posted on the organization’s site and become validated through user agreement during registration.
B. In cases where reasonable, this provision may be amended, and in those cases in accordance with section 1 these changes will be posted at least 7 days in advance.
C. In cases where new services changes are not separately stated, they will be offered in accordance with this provision.
Article 3 (Extra-Provisional Regulations)
This provision is in accordance with the rules and regulations of the Telecommunication Standards Law, the Telecommunication Enterprise Law, laws on communications network usage facilitation, and other related laws, whose details are not enumerated here.
Article 4 (Definitions)
The terms used in this provision are defined as follows.
A. Member: One who has signed a service contract with the organization, and been designated a user name, whether an individual, legal person, or group with a legal personality
B. Operator: The person whom the organization has selected to oversee the overall management of its services
C. User Name (ID): Membership identification, established and recognized by the member for the purposes of using these services, composed of letters and numbers
D. Password: The secret combination of letters and numbers that the members creates for themselves in order to access the organization’s services
E. Service Interruption: A situation during which the services offered by the organization are temporarily unavailable due to certain fixed conditions
F. Termination: Where the organization or the member cancels the usage contract after the start of services
G. Personal Information: Indicating the information regarding oneself, such as name, birthday, and other personal details that can be used to determine a member’s identity (this includes cases where an amalgamation of information can serve as identification)
Part 2 Conclusion of the Usage Contract
Article 5 (Sections of Service)
A. The service that the organization provides to members is divided into standard service and additional service
B. The variety and contents of service depends upon the decisions of the organization
Article 6 (Completion of the Usage Contract)
If the “agree” button below following the question “Do you agree to the above?” is pressed, then the contract has been completed. If the provisions are amended, members will had the ability to negate their agreement in the case that they no longer agree
Article 7 (Application and Consent)
A. Applicants are able to apply by submitting their information through the usage registration page
B. The usage contract is completed through the organization’s usage consent during registration
C. In the following cases, an applicant’s application may be restricted, dissolved, or retained
i. Where there is a lack of service equipment capacity
ii. Where there is a technical issue
iii. Where there are other unavoidable circumstances
D. Applicants must abide by the following.
i. Only true names may be used on the application.
ii. Do not register under another’s name.
iii. The information on the form must correspond to the current reality.
iv. Registering with the purpose of obstructing social peace, order, or morals is not allowed.
v. If a change occurs in registration or the contents therein, the information must be renewed correspondingly.
vi. Services may be limited in cases where the information provided by the applicants is inaccurate, does not align with current situations, or there is reasonable cause for doubt
E. Children under the age of 13 may apply with the consent of their parents or a legal agent. The same is true for youths under the age of 19 seeking to use for-pay services.
Article 8 (Member Information and Amendments)
A. In the following situations, if the member requests a change in user name, the organization will be able to make an amendment.
i. If the user name was created using the member’s phone number, birthday, email or other personal information, creating worries regarding violations of privacy
ii. If the user name offends others or obstructs morals
iii. In the case of other established reasonable cause
B. If the information registered at the time of application changes, as it is necessary to directly amend the information online, it is possible to request an amendment from the manager. In this case, the responsibility for any problems with un-amended information lies with the member.
Article 9 (Contract Termination, Loss of Capacity, Etc)
A. Should the member intend to terminate their contract, the member in question should apply for termination via the website or email
B. In any of the following cases, the organization may limit the capacity or terminate the service of members
i. Where false information was used during the application
ii. After obstructing the usage of another member, appropriating another’s information, or other acts of cyber-threat
iii. When changes in information obstruct the operations of the organization
iv. After misdeeds banned by law, banned by this provision, or contrary to social morals
C. After freezing a membership, if the member does not act the membership will be terminated
D. In the case that a membership has been terminated, the member registration will be erased. Members will receive prior notification, and will receive a chance to respond.
E. If a membership has been terminated, the organization may limit reapplication for a period of time
Part 3 Protection of Personal Information
The organization adheres to the Communications Privacy Act, Telecommunications Business Law, laws relating to information and communication network utilization, and other related laws, and so has established a personal information protection policy. The following contents have been drawn up according to the “Personal Information Protection Policy” taking effect on June 1, 2012.
Article 10 (Organization Security Management)
The organization insists on the necessary management of personal information in order to safely insure against loss, robbery, information leaks, forgery, and damage. However, the possibility of collection and use of information voluntarily provided through message boards, chatting, and email also exists. The organization does not take responsibility for the protection of public information in these instances.
Article 11 (Agreeing to Organizational Use of Member Information)
A. In order to improve the quantity and quality of the services provided to members, the organization asks for each user’s agreement to collect and use personal information that can confirm the user’s identity.
B. The organization collects only the personal information needed to adequately provide its services; in certain circumstances, more detailed information may be requested.
C. Without agreement from users, the personal information provided to the organization will not be disclosed or provided to third parties. However, when not contrary to relevant laws, the organization may provide or share necessary information with affiliated organizations in order to improve the quality of service, process data, pursue market research, and other related activities.
D. Member information may be shared with affiliated organizations in order to allow for services provided by those organizations to be used more conveniently. In the case that members do not agree to this, registration or membership can be canceled. Continued use will be considered an agreement to this policy.
E. The user agreement allowing the organization to collect and use personal information may be restricted.
F. Members may review or edit their personal information at any time.
G. According to the Telecommunications Business Law and other legal codes, in cases of request from a national organization, cases of investigations or requests by Telecommunications Ethics Committee, or cases of requests for information under other related legal statutes, member information will be provided.
H. The organization may transmit cookies to the member’s computer through its services. Members may restrict cookies or change the browser settings to warn when cookies are received. However, the organization does not take responsibility for the information collection and other actions of websites accessed through links on the organization’s page.
Article 12 (Organization’s Personal Information Collection and Usage Goals)
A. Member service improvements and site planning
B. Billing using member information
C. Marketing using member information
Article 13 (Personal Information Possession and Usage Period)
A. The organization maintains possession of the provided personal information through the time of membership termination
B. Members may use the organization’s services up through the termination of their membership.
Part 4 Service Usage
Article 14 (Service Usage Period)
A. The service period begins immediately after the organization processes the membership application. In cases where a business or technical issue prevents the start of service, the organization will notify the member as soon as possible.
B. The service will operate without breaks, 24 hours a day. However, service may be partially or completely suspended due to business or technical issues or for brief periods of maintenance. In these cases, members will be notified as soon as possible, before and after the interruption.
C. The organization may fix the times that certain services are available. In this case, members will receive notification of services.
Article 15 (Service Contents)
The organization provides the following services.
A. Organization program information
B. Internet broadcast
C. Message board
D. Other varied additional services
Article 16 (Service Fees)
A. While most of the services offered by the organization are free, in order to enjoy certain other services a stipulated fee is required.
Article 17 (Information Provision and Advertisement Publication)
A. On the organization’s management and operations screen and in certain other locations within the office, advertisements and other publications may be placed.
B. Members may not remove or deface the organization’s posted banners and advertisements, nor may they post their own advertisements without prior permission.
C. If members attend the promotional events of the organization’s advertisers or engage in business with them, the organization does not take responsibility for any loss or harm that may occur.
Article 18 (Deletion of Posts or Content)
In cases where posts or content violate the organization’s rules or exceed the set time, they will be removed without prior notification or agreement.
Article 19 (Interruption of Service)
In necessary cases, the organization may amend or suspend all or part of its offered services. In these cases, the organization will provide prior notification through email, webpage, or other methods.
Part 5 Management and Responsibility
Article 20 (Organization Responsibility)
A. The organization must always maintain a state of ability to manage the services it provides. In order to provide a stable service, the organization will perform its utmost best for its members.
B. In the case that the organization receives notice of dissatisfaction from members regarding the provided services, these concerns will be addressed immediately. If an immediate solution is not possible, the reason and the resolution schedule will be provided to members via the website or email.
Article 21 (Member Responsibility)
A. Members must adhere to the related laws, this agreement’s regulations, the guidelines stipulated through user and service information, and other rules posted by the organization. Acts interfering with other aspects of the organization’s work are also prohibited.
B. Without prior consent from the organization members may not use the offered services in profit-making ventures, including the printing and distribution of materials contrary to these rules, regulations, and the law.
C. Excluding cases where the organization takes responsibility according to the “Personal Information Protection Policy,” members have all responsibility for the maintenance of their user names and passwords. Any and all outcomes of the use of user name and password are also the responsibility of the members. In cases where a member’s user name or password is used without consent, notify the organization immediately.
D. The following activities are prohibited.
i. After receiving information through the organization’s services, the use or provision to others without prior consent through copying, reproduction, translation, publication, broadcasting, transmission, exhibition, or other means is banned.
ii. Posting or distributing pornographic material, links to pornographic websites, or other material harmful to society through the organization’s services or message board is banned.
iii. Damaging or insulting another’s character, disregarding another’s intellectual property rights, and other such harmful actions are banned.
iv. Hacking and the spread of computer viruses, posting information disparaging other’s remarks, and other continuous transmission of content are banned.
v. The illegal use of another member’s user name is banned.
vi. The collection and saving of other’s personal information is banned.
vii. Misrepresentation of other members, organization employees, family members, or others is banned.
viii. Sending information under a fabricated identity is banned.
ix. Using the services to stalk or harass others is banned.
x. Hindering the operation of the services, causing trouble, and other violations of the law are banned.
Article 22 (Prohibition of Transfer)
The member’s right to use this service and other status afforded by the contract may not be transferred or given to other people.
Article 23 (User Post Management Responsibility)
A. While all management responsibility and copyrights for user’s posts fall on the user who originally posted the information, the organization maintains management of publications.
B. The organization does not take responsibility for the material posted or published by users on its page, nor for material transmitted or exhibited through its services, or for their results. In the following cases, posted information will be deleted at the organization’s discretion.
i. If material insults other, violates privacy, or causes harm to other’s dignity
ii. If materials violate public system or morals
iii. If materials hinder service management or cause concerns
iv. If materials concern criminal activity or judgment
v. If materials violate the organizations intellectual property rights, other’s intellectual property rights, or other such rights
vi. If materials concern product advertisements or other business related goals
vii. If materials retransmit entered information without permission
viii. If materials steal the username or password of other users
ix. If materials violate other related laws or judgments
Article 24 (Compensation for Harm)
A. Except for cases of a grave mistake made on the part of the organization through its free services, the organization does not assume the responsibility for negative outcomes.
B. The organization does not bear responsibility for affiliated organization’s products or services.
Article 25 (Disclaimer)
A. The organization does not make any guarantee for the truthfulness, accuracy, and reliability of the information and material published and transmitted by members through its services. As such, the organization does not bear responsibility for any harm caused by the selection or usage of such transmitted information and materials.
B. The organization does not bear responsibility for expected profits or for damages caused by the materials received through its services.
C. The organization has no duty to provide mediation for trouble between users or between users and third parties, nor does it have the responsibility to compensate for harms that arise from these troubles.
D. The organization has immunity from responsibility for cases where usage interruptions at the fault of members.
E. In cases where harm arises through violations of this provision’s regulations, the violating party is responsible for all compensation relating to these damages. The organization has impunity from all responsibility.
F. The organization may set an expiration date for posted webpage and messages on message boards, limit the maximum size of messages that may be received, limit the disc space allotted to each member, and engage in other such management acts. Also, user names that become inactive may be terminated after a period of time.
Article 26 (Issue Resolution)
A. The organization and members must take all necessary efforts to amicably resolve any issues involving the offered services.
B. In cases where lawsuits arise despite these best efforts, the court proceedings will take place in the jurisdiction of the organization’s central office.
Article 27 (Application of the Law)
All legal issues that arise through the use of these services are subject to the related laws of the Republic of Korea (South Korea, 대한민국, 大韓民國).