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Agreement

Chapter1 General
Article 1. Purpose
Article 2. Application Scope
Article 3. Definitions of Terms

Chapter2 Contract
Article 4. Constitution of the Contract
Article 5. Application for Service
Article 6. Approval of the Application for Service
Article 7. Reservation of Approval
Article 8. Installation of Equipment
Article 9. Change of Contract
Article 10. Renewal of Contract
Article 11. Review and Verification of the Contract Items
Article 12. Transfer of License to Use
Article 13. Acquisition of the License to Use
Article 14. Cancellation of the Contract
Article 15. Statement of Opinion
Article 16. Damages for Breach of Contract
Article 17. Entering and Exiting KTIDC
Article 18. Pullout of Equipment

Chapter3 Service Opening and Use
Article 19. Opening of Service
Article 20. Postponement of Opening
Article 21. IP Address
Article 22. Use of the Service
Article 23. Restriction on the Use of the Service
Article 24. Service Stoppage
Article 25. Discontinuation of Service
Article 26. Suspension of Service

Chapter4 Responsibility of KT and the Client
Article 27. Responsibility of KT
Article 28. Responsibility of the Client

Chapter5 Type of Service and Service Charge
Article 29. Co-location Service
Article 30. Server Hosting Service
Article 31. Other Services
Article 32. Calculation of the Billing Cycle
Article 33. Due Date for the Payment of the Service Charge
Article 34. Party Responsible for Paying the Service Charge
Article 35. Billing of the Service Charge
Article 36. Objection to the Service Charge
Article 37. Extinctive Prescription of Billing Right
Article 38. Methods of Payment
Article 39. Short-term Service Charge and Deposit
Article 40. Collection of Overdue Service Charge
Article 41. Collection of Unpaid Service Charges
Article 42. Reimbursement of Service Charge

Chapter6 Proxy Collection of Information Service Charge
Article 43. Proxy Collection of Information Service Charge

Chapter7 Prevention of Electronic Infiltration and Response
Article 44. Definition of Electronic Infiltration Incident
Article 45. Role of KT
Article 46. Role of the Client
Article 47. Interruption of Service and Emergency Measures
Article 48. Prevention of Illegal Spam Mail

Chapter8 Indemnification
Article 49. Indemnification
Article 50. Request for Indemnification
Article 51. Request for Indemnification from the Client
Article 52. Special Features

(Separate Table) Schedule of Charges
1. Service Charge
2. Discount on the Service Charge

Chapter 1. General

Article 1 (Purpose)

This Agreement seeks to enable KT Corporation (hereinafter referred to as "KT") to set forth the conditions for use and service charge for the various services (hereinafter referred to as "Services") provided by KT Internet Data Center (hereinafter referred to as "KTIDC").

Article 2 (Application Scope)

① This Agreement is applied by KT together with the Individual Service Agreements (hereinafter referred to as "Agreement by Service") concluded involving the various services provided by KTIDC.
② When items specified in an Agreement by Service run counter to the provisions of this Agreement, the Agreement by Service shall have precedence. For items that are not set forth in the Agreement by Service, however, this Agreement shall apply as a supplement.
③ This Agreement and the Agreements by Service are disclosed by posting them at the website of KTIDC (www.kt-idc.com).
④ Matters that are not set forth in this Agreement shall be interpreted and applied pursuant to related laws and regulations, purpose of this Agreement, and accepted industry practices.

Article 3 (Definitions of Terms)

The following definitions of terms are used in this Agreement:
① Clients: These refer to individuals and corporations concluding a service agreement with KT in order to use the service.
② Client equipment: This includes all pieces of equipment placed at KTIDC by clients in order to use the service.
③ Basic service: This pertains to the co-location and server hosting services provided by KTIDC.
④ Other services: These refer to all services other than the basic service provided for use by clients at the IDC foundation.
⑤ Service stoppage: This pertains to the act of stopping a client's use of the service for a certain period of time by KT in case the client violates the terms of this Agreement.
⑥ Discontinuation of service: This refers to the act of discontinuing service provision by KT for unavoidable reasons on the part of KT.
⑦ Suspension of service: This pertains to the act of suspending service provision by KT as requested by a client.
⑧ License to use: This refers to the right to use the service of a client pursuant to the terms of this Agreement.
⑨ Applicant: This pertains to any individual or corporation applying for a service contract with KT.
⑩ Internet Data Center (IDC): This refers to the place that leases computing or network facilities to individuals and corporations or provides repair and maintenance services to clients' facilities.
⑪ Party responsible for paying the service charge: This includes individuals or corporations that are primarily responsible for paying the charges for the services rendered by KT pursuant to the terms of this Agreement.

Chapter 2. Contract

Article 4 (Constitution of the Contract)

The KTIDC service contract consists of an application for service by the applicant and the approval by KT.

Article 5 (Application for Service)

① KT may request for a Resident Registration Card as well as other documents necessary for purposes of personal identification from the applicant pursuant to the relevant laws and ordinances. Likewise, the applicant shall cooperate accordingly.
② The applicant shall submit to KT the following documents through acceptable means such as personal visit, mail, or fax:
1. Application for Service
2. Copy of the Business Registration in case of corporate applicants and copy of the Resident Registration Card in case of individual applicants
③ Minors or quasi-incompetent persons shall apply for a service contract under the name of their parents or legal representative with their consent.

Article 6 (Approval of the Application for Service)

① If the application fulfills the terms of this Agreement, KT shall issue the corresponding approval.
② Once it approves the application for service of an applicant, KT shall disclose the following items online or in writing:
1. Expected starting date of service
2. Matters related to service charge
3. Matters pertaining to the protection of a client's rights and responsibilities
4. Other important matters related to the use of the service

Article 7 (Reservation of Approval)

① KT reserves the right to approve an application for service and notify the applicant accordingly under any of the following cases:
1. The applicant used another person's name, or the details of the application are false.
2. The applicant is considered a credit delinquent pursuant to the Law on the Use and Protection of Credit Information.
3. There are no available facilities, or service provision is technically difficult.
4. There are valid concerns that public order and morals may be affected.
5. There are hazardous factors present, or there is reasonable concern that KT may be adversely affected in terms of its business or operation.
6. An individual who wants to rent a rack (or space where equipment may be installed) within KTIDC already has an existing line or other service providing identical or similar service for business purposes.
7. Approval is deemed difficult for reasons that are attributable to the applicant.
② In case of Item 5, Section 1 of Article 7, KT may approve an application for service only after concluding an individual service contract with the applicant.

Article 8 (Installation of Equipment)

① The client shall install its equipment in a place specified by KT within the KTIDC building or another location specified by KT.
② For the installation of servers in a standard rack, not more than 25 servers may be installed for 1-unit server and 16 servers for 2-unit servers in order to ensure the stable operation of IDC facilities and protect the entire facilities of the clients. When power consumption exceeds 2.2 Kw (reference: 220 V), each client shall consult with KT in advance and rearrange the equipment. Otherwise, KT may request for an extra charge.
③ When a free rack is used instead of the standard rack provided by KT, a separate service agreement regarding the use of power shall be concluded between KT and the client.
④ To ensure constant temperature and humidity within the building and operational efficiency of communications and power, KT may request for the rearrangement of the clients' equipment. Likewise, clients shall cooperate accordingly.

Article 9 (Change of Contract)

A client shall submit an Application for Change of Service Contract to KT immediately under any of the following cases:
1. Change of company name, name, address, or telephone number of a client or the party responsible for paying the service charge
2. Change of service contents (type, contract period, etc.)
3. Change in the method of payment

Article 10 (Renewal of Contract)

In the absence of a request for the conclusion of a new contract or contract cancellation at least 30 days before the termination of the existing contract, the contract is deemed to have been renewed under the same terms and conditions. A contract that was automatically renewed may be canceled as desired by both parties upon the issuance of a notice 3 months before the expected cancellation date.

Article 11 (Review and Verification of the Contract Items)

① A client, a person entrusted with a mandate, and other persons concerned may request for the review or verification of the contract items.
② When requesting for the review or verification of the contract items, the person concerned shall prove to KT that he/she is the person issuing such request or with the proper authorization.

Article 12 (Transfer of License to Use)

Except when specified otherwise in this Agreement or an Agreement by Service, the license to use may neither be transferred nor assigned to a third party nor used as a guarantee.

Article 13 (Acquisition of the License to Use)

① A client wishing to acquire the license to use for reasons deemed proper by KT such as inheritance, division, merger, and business acquisition shall submit an application to KT together with a copy of a Business Registration (for corporations) and other documents that can prove the acquisition of the license to use.
② In case it receives a notice of seizure, temporary seizure, or provisional disposition regarding the license to use, KT may not accept the application described in Section 1, Article 13 and notify the applicant accordingly.
③ If the application described in Section 1, Article 13 is deemed reasonable, the sole responsibility and obligation for the license to use shall be transferred to the applicant upon approval by KT.

Article 14 (Cancellation of the Contract)

① A client wishing to cancel the contract shall submit online, via telephone, fax, or email an Application for Cancellation to KT seven days before the expected cancellation date.
② KT may cancel the contract under any of the following cases:
1. A client uses another person's name or attaches false documents.
2. A client covers up a violation of the contract by refusing the verification of service use or interfering without justifiable reasons.
3. A client does not clear the causes of the service stoppage within one month of its commencement.
4. A client does not request for the restoration of service within 1 month of the start of the temporary suspension of service.
5. A client is sanctioned with service stoppage more than three times a year.
6. A client caused serious trouble in system operation or interfered with the system intentionally.
7. A client violated the stipulations of Article 28 (Responsibility of the Client).
8. One of the conditions described in Section 1, Article 7 applies.
9. A client violates other terms of this Agreement.

Article 15 (Statement of Opinion)

① If it wishes to cancel this contract, KT shall send a notice of cancellation to the address specified by the client concerned, e.g., email, ten days before the expected cancellation date. In case sending such notice is impossible for reasons that are attributable to the client, the notice shall be posted on KTIDC’s website (www.kt-idc.com) for two weeks. In this case, such act shall be considered a fulfillment of KT’s obligation to send a notice.
② A client who fails to state his/her opinion until a specified date and time even after receiving the notice described in Section 1, Article 15 shall be considered to have no objection to the cancellation.

Article 16 (Damages for Breach of Contract)

① In case this Agreement is canceled before the scheduled expiration for reasons attributable to the client as per Section 2, Article 14, the client concerned shall indemnify KT for damages resulting from the breach of contract. For the co-location service, the damages shall be specified in an Attached Table. Other damages for each KTIDC service shall be posted on KTIDC’s website (www.kt-idc.com).
② Notwithstanding the stipulations of Section 1, a client may cancel the contract without indemnifying KT for damages resulting from the breach of contract under any of the following cases:
1. The cumulative trouble time exceeds 72 hours for reasons that are attributable to KT.
2. Troubles taking longer than one hour occurred more than 5 times a month for reasons that are attributable to KT.

Article 17 (Entering and Exiting KTIDC)

① A client wishing to visit IDC shall make an advance reservation either at the KTIDC website (www.kt-idc.com) or telephonically.
② Entering or exiting IDC is allowed after a permit is issued during a reservation confirmation procedure. The persons in charge of a client's system may simplify the procedure by obtaining a pass from KT for entering or exiting in advance.
③ When entering or exiting IDC using a permit or pass, a client may access only the approved areas.
④ A client shall not be allowed to access facilities other than its own.

Article 18 (Pullout of Equipment)

① A client may pull out equipment only when all service charges up to the time of contract cancellation have been cleared.
② A client who canceled the contract or whose service contract has been canceled shall pull out all the equipment from KTIDC within 7 days. Otherwise, the client shall pay the client equipment storage fee to KT for the period starting from the cancellation date to the pullout date. Dubbed the Monthly List Price for Rack, the storage fee shall be calculated proportionately for the period of use on a daily basis as per Article 29.
③ If a client does not pull out its equipment within 7 days of cancellation, KT shall notify the client of its decision to pull out the client's equipment and move them to the location agreed upon by both parties during consultation. If the client does not respond to KT's request for cooperation within 24 hours, or if it cannot be reached because of an address change that was not relayed to KT, KT may pull out and move the equipment to a location specified by KT and store them at its discretion. In this case, the client may not request for indemnification for any resulting data loss, since KT is assumed to have exercised due diligence in pulling out and moving the client’s equipment.
④ Pursuant to Section 3, Article 18, when the storage period exceeds one month, KT may request the client who canceled the contract or whose service contract has been canceled to move the equipment within one month. In case the client fails to comply with such request by the specified date, KT may put the equipment on an auction or sell them at its discretion and use the proceeds to pay for the account receivables, surcharges, and storage fee. In case the total amount of the account receivables, surcharges, and storage fee exceeds the value or price of the equipment, they may be appropriated as KT's property, and KT may request the client to pay for the outstanding account receivables, etc.

Chapter 3. Service Opening and Use

Article 19 (Opening of Service)

① Unless in case of special reasons, KT shall open the service on the specified date in consultation with the service applicant. Otherwise, KT shall immediately notify the applicant online or in writing of the reason together with the new expected date for opening.
② Once the installation of a client's equipment is completed, KT shall check their readiness for service and sign the Installation Confirmation Sheet as a final step to the procedure of service opening.

Article 20 (Postponement of Opening)

① An applicant wishing to postpone the service opening shall notify KT accordingly two days before the expected opening date.
② In case the opening was postponed for reasons that are attributable to KT, KT shall deduct from the amount of service charge for the first month the amount corresponding to the number of days delayed.
③ In case the reasons for the delay in opening are not corrected more than three months after the expected opening date, KT shall discontinue the service and notify the applicant accordingly.

Article 21 (IP Address)

① The IP address that will be used for a client's equipment or rented equipment shall be assigned upon consultation between KT and the client.
② A client using an IP address assigned to another client without approval shall be responsible for the resulting damage, if any.
③ The client shall comply with any request for information from KT regarding the state of use of the assigned IP address.

Article 22 (Use of the Service)

① A client may use the service provided by KT pursuant to the stipulations of this Agreement.
② Unless in case of special reasons, KTIDC services shall be provided 24 hours a day, 365 days a year in principle.
③ The number of days or hours during which service was not provided as agreed upon between KT and the client shall not be included in the service hours defined in Section 2, Article 22.

Article 23 (Restriction on the Use of the Service)

① KT may apply restrictions to the client’s use of the service under any of the following cases:
1. The service contract is deemed difficult to maintain because a client’s property is involved in scandal or bankruptcy, application for composition, application for preservation, seizure, or temporary seizure proceedings.
2. A client encroached upon another person's intellectual property.
3. There is a request for correction from the Information and Communications Ethics Committee, or a client has received legal interpretation regarding an illegal election campaign.
4. A client is using another person's ID illegally.
② In case restrictions are applied to a client's use of the service, KT shall notify the client of the reasons, date, time, or period covered seven days before the expected implementation date of such measure.

Article 24 (Service Stoppage)

① KT may stop the service provision for a period not longer than a month under any of the following cases:
1. A client who had received a reminder failed to pay the service charge and surcharges within one month of the day after the due date.
2. KT requested the client concerned to remedy the problem of the terminals that are not rated as Type Approval products for telecommunications materials or deemed inappropriate based on the regulations on the technological standard for telecommunication facilities or withdraw them altogether, but the client failed to comply with such request.
3. The client did not comply with various regulations under the Law Related to the Promotion of the Use of the Information and Communications Network and Information Security and Guidelines for the Prevention of Spam Mails issued by the Ministry of Information and Communications.
② In case service is interrupted due to service stoppage, KTIDC removes the backbone and turns off the power. After three days from the time service stoppage started, however, KTDIC turns off the power at its discretion. In this case, the client may not request for indemnification for the resulting loss incurred. If the client is notified of the service stoppage in advance, however, it should take the necessary measures before power is turned off to prevent possible loss in advance.
③ Once the reasons for service stoppage have been resolved, KT immediately resumes service provision.

Article 25 (Discontinuation of Service)

① When it is unable to provide service for unavoidable reasons, e.g., work related to system improvement, equipment expansion, regular checkup, and facilities operation and management, KT may notify its clients in advance and discontinue the service. Once the reasons have been resolved, however, KT immediately resumes service provision.
② If the Discontinuation of Service described in Section 1, Article 25 lasts longer than two hours, KT shall reduce the service charge accordingly.

Article 26 (Suspension of Service)

① A client wishing to suspend the use of the service for 1 ~ 3 months for personal reasons may request KT to suspend service.
② The Suspension of Service as described in Section 1, Article 26 shall be allowed up to 3 times per year and may last for not more than 3 months in principle. In case of reasons deemed justifiable by KT, however, this stipulation does not apply.
③ For clients whose use of service is suspended, KT charges only 20% of the management fee corresponding to the service charge for the rack. The service charge for the network or the access fee is not included, however.

Chapter 4. Responsibility of KT and the Client

Article 27 (Responsibility of KT)

① Unless in case of special reasons, KT shall ensure that the service requested by a client is available on the opening day. Pursuant to this Agreement, KT shall provide continuous and stable services.
② KT shall neither leak nor distribute to a third party nor use for purposes other than service provision information belonging to a client without its prior approval. When requested by a legitimate authority for the purpose of official investigation pursuant to the relevant laws and regulations or in case of a request from the Information and Communications Ethics Committee, however, this stipulation does not apply.
③ In case service provision is impossible on the expected opening day, KT shall notify the client accordingly in advance via telephone, fax, email, or mail service.

Article 28 (Responsibility of the Client)

① The client shall comply with the stipulations of this Agreement as well as related laws and regulations.
② The client shall pay a service charge for the services rendered as set forth in this Agreement in alliance with the party responsible for paying the service charge and shall assume responsibility for all problems arising from the non-payment of the service charge. If KT makes a mistake, or in case of reasons deemed justifiable by KT, however, the client will not be held responsible.
③ The client shall notify KT immediately of any change in the content of this Agreement including address, telephone number, and Business Registration Number and assume responsibility for any loss resulting from failing to notify KT of such change.
④ The client shall protect its facilities and information from viruses infiltrating its system through the network environment or illegal infiltration from the outside. ⑤ To prevent damage or loss of its registered or posted data, the client shall back up the relevant materials separately.
⑥ An individual who wishes to rent a rack (or space where equipment may be installed) within KTIDC, a line, or other service from KT in order to provide identical or similar service for business purposes shall conclude a separate agreement with KT. Note, however, that such individual shall not be allowed to conduct business with clients inside KTIDC.

Chapter 5. Type of Service and Service Charge

Article 29 (Co-location Service)

① Co-location service refers to the service of providing various facilities that enable Internet access for clients. This service consists of the rack service (providing racks or cages to accommodate clients' equipment) and a network service (connecting clients' servers to the Internet backbone switch of KTIDC to enable Internet access).
② In case the international traffic used by clients actually exceeds 3% of the selected total network service capacity (or when the total traffic exceeds 20 M even when it does not exceed 3%), KT may put a limit to the traffic. In this case, however, KT shall notify the client accordingly in advance.
③ The type and service charge for the Co-location Service are shown in a separate table titled Table of Co-location Service Rate.

Article 30 (Server Hosting Service)

① Server Hosting Service refers to the service of leasing servers directly connected to the backbone network of KTIDC for exclusive use and providing technical support related to the leased servers.
② The types of Server Hosting Service and charge rate are posted on the KTIDC website (www.kt-idc.com).

Article 31 (Other Services)

① “Other services” include all services other than the Co-location Service and Server Hosting Service provided by KT within KTIDC.
② The types of Other Services and charge rate are posted on the KTIDC website (www.kt-idc.com).

Article 32 (Calcalation of the Billing Cycle)

① For the billing cycle used for the calculation of charges, the month is the unit of measurement used.
② The monthly charge as described in Section 1, Article 32 is calculated based on the number of days the service was used in case the service period is less than a month. The last day of service is not included in the number of days the service was used, however.

Article 33 (Due Date for the Payment of the Service Charge)

① KT specifies the due dates for the payment of service charges considering various social conditions.
② When deciding the due date for the payment of service charges, KT either requests the clients to pay immediately or sets aside separate due dates for payment for the clients.
③ Clients may choose a payment scheme from the following: advance pre-payment, installment payment, and post-payment.

Article 34 (Party Responsible for the Service Charge)

① In principle, the responsibility for the payment of the service charge lies with the client who signed this Agreement.
② When applying for service, the client may specify a separate individual as the party responsible for the payment of the service charge. In this case, the person specified as the party responsible for paying the service charge shall bear the primary responsibility, and the client shall assume secondary responsibility.

Article 35 (Billing of the Service Charge)

① KT shall mail the invoice so that it reaches the client seven days before the due date.
② When calculating service charges, KT does not include the period when the service was suspended.
③ KT does not consider the period when the service was unavailable for reasons that are not attributable to the client, the period when the service was discontinued, and the period when the use of the service was restricted.
④ In case KT recognizes that the invoice was not delivered to the party responsible for paying the service charge, his/her family, or agent for reasons that are not attributable to the client, KT does not impose surcharges.
⑤ Upon the request of the party responsible for paying the service charge, KT may consolidate service-based charges into one invoice for billing. Note, however, that service charges and surcharges incurred for a particular service are consolidated into such service charge even in the absence of a special request.

Article 36 (Objection to the Service Charge)

① In case of a disagreement regarding the service charge, the party responsible for paying the service charge may submit an objection within 6 months of the billing date.
② Upon receiving an objection, KT shall disclose notify the result of handling such objection within 10 days. In case the objection was not handled in time for unavoidable reasons, KT shall specify another handling period and notify the client accordingly.

Article 37 (Extinctive Prescription of Billing Right)

Unless exercised with the client as the target within 6 months of the due date, KT's billing right is subject to extinction. In case of service charges that were unpaid or whose clearing requires more than 6 months, however, this stipulation does not apply.

Article 38 (Methods of Payment)

① The party responsible for paying the service charge shall pay the service charge calculated pursuant to this Agreement and other Agreements by Service by the due date at a specified financial institution.
② Upon the request of the party responsible for paying the service charge, the service charge may be paid via OCR invoice, automatic transfer from a bank, or automatic debit from a credit card.
③ In case a client chooses automatic transfer from a bank as payment scheme, but the balance of the specified account is insufficient to cover the invoice amount, KT may withdraw what is available on the account first and rewithdraw the shortage once the balance is sufficient.
④ In case of account receivables due to an accounting error or insufficient balance in case of automatic transfer from a bank, automatic debit from a credit card, and automatic transfer from a debit card, KT may cancel automatic transfers and replace them with OCR invoices instead.

Article 39 (Short-term Service Charge and Deposit)

① Short-term service charge refers to the service charge to be paid by a client using the service for less than a month. The service charge shall be calculated based on a separate agreement between KT and the client considering the scope and duration of the service.
② To ensure the fulfillment of the obligation of short-term service users, KT may request for a bank deposit.
③ Once the short-term service contract expires, or in case of contract termination or cancellation, the deposit shall be reimbursed to the client.

Article 40 (Collection of Overdue Service Charge)

① In case of delinquent payment of service charge, and if KT failed to follow up on the payment by sending a reminder to the party responsible for paying the service charge within 6 months of the first due date, surcharges are not imposed for the late payment. In case the late payment is caused by natural disaster or reasons that are attributable to the party responsible for paying the service charge, however, this stipulation does not apply.
② When the party responsible for paying the service charge falls behind in his/her payments, KT imposes surcharges corresponding to 2% of the delinquent amount starting from the day after the first due date.

Article 41 (Collection of Unpaid Service Charges)

In case the party responsible for paying the service charge chooses not to pay the service chage in violation of the stipulations under related laws and regulations, KT imposes twice the amount of the original unpaid service charge.

Article 42 (Reimbursement of the Service Charge)

① In case the party responsible for paying the service charge overpaid or wrongly paid the service charge, KT shall either reimburse the charge amount or deduct the amount from the next service charge.
② In case of overcharging in violation of Section 3, Article 35, and if the party responsible for paying the service charge actually paid the amount, KT shall reimburse the excess amount.

Chapter 6. Proxy Collection of Information Service Charge

Article 43 (Proxy Collection of Information Service Charge)

① As requested by an information service provider, KT may impose information service charge, issue an invoice, and collect the charge on behalf of the service provider before it pays the collected amount to the information service provider (hereinafter referred to as "Proxy Collection").
② Pursuant to the stipulations of Section 1, Article 43, the information service provider shall pay proxy collection fees to KT as specified in a contract with KT. Such proxy collection fees may be deducted from the information service charge to be paid to the service provider.
③ In case of a legal dispute between the information service provider and clients regarding the information service and service charge, the entire legal responsibility -- be it civil or criminal -- shall rest with the information service provider and the clients.
④ The amount of information service charge shall be decided by the information service provider. Details regarding information provision, use, charging, billing, payment, and proxy collection shall be decided through a separate agreement between KT and the information service provider.

Chapter 7. Prevention of Electronic Infiltration and Response

Article 44 (Definition of Electronic Infiltration Incident)

① "Electronic infiltration" pertains to the action of attacking the information system with hacking, computer virus, logic-mail bomb, service refusal, or high-power electromagnetic wave.
② "Electronic infiltration incident" refers to an incident that occurred due to electronic infiltration.
③ "Security threat" pertains to a cause or action that can damage an information system as well as an action or incident that can result in damage or pose a security risk.
④ "Security vulnerability" refers to any of the weaknesses of the information system that is a target of a security threat.

Article 45 (Role of KT)

① KT provides information related to hacking, computer virus, and other security vulnerability that pose a security threat to an information and communications system through emails or by posting them on the KT website as often as possible.
② To enhance the safety and reliability of the clients' equipment and the entire IDC network, KT may conduct an analysis of security vulnerability on the clients' internal networks. Instead of obtaining the consent of each individual client, however, KT may carry out the analysis after announcing its "plan to conduct vulnerability analysis" on the KT website and through email seven days before the expected date.
When an emergency situation corresponding to any of the following cases develops, however, KT may carry out a vulnerability test as necessary without the clients' consent in order to analyze the causes and to prevent the proliferation of the problem. KT may notify the clients accordingly within 3 days by posting the necessary information on the KT website or through email.
1. There is not enough time to obtain prior consent from the clients considering the speed of the propagation of the abnormal phenomenon.
2. Vulnerability analysis is being conducted to identify the causes of the occurrence of the national emergency and nationwide network troubles.
③ KT may entrust the task of promoting vulnerability checkup and security training to a business partner with enough professional knowledge and know-how. Client information obtained through the analysis of security vulnerability shall neither be disclosed to a third party nor used for purposes other than the reinforcement of the internal systems of the clients and network security.
④ To promote security consciousness among the clients and to provide the necessary technology for preventing infiltration incidents, KT may offer free training at least quarterly.
⑤ In order to solve security problems, KT reserves the right to share information with its clients regarding system connections. Likewise, upon the request of the authority concerned and in accordance with the proper procedure, KT actively cooperates regarding the investigation of a suspect. In this case, however, KT shall immediately notify the client accordingly.
⑥ Upon receiving a notice of an infiltration incident, KT assigns a person in charge who can handle the matter and post the result on the KTIDC website (www.kt-idc.com).

Article 46 (Role of the Client)

① Clients shall take appropriate security measures on their information systems to prevent infiltration incidents.
② Upon receiving security-related information provided by KT, clients shall implement instructions as faithfully as possible to prevent infiltration incidents.
③ Clients are specifically prohibited from using the information systems of KT and other clients for acts of infiltration that threaten the security of KT and other companies including the following:
1. Dissemination of malicious programs such as computer virus
2. Scanning of vulnerabilities targeting information systems other than their own
3. Illegal and unapproved infiltration of the information system other than their own
4. Actions that interfere with the normal operation of service by inducing mass traffic, etc.
5. Other acts of infiltration that may interfere with the normal provision of KTIDC services
④ The client shall designate an employee as a liaison with the person in charge of infiltration incidents 24 hours a day and register the telephone number, mobile number, and email address of the person in charge in the emergency communications network.
⑤ In case an abnormal symptom is discovered, or if an infiltration incident occurred in the information system under its control, a client shall immediately advise KTIDC’s Reception Office in charge of infiltration incidents.

Article 47 (Interruption of Service and Emergency Measures)

① Under any of the following cases, KT may interrupt all or part of its services for a period of time after notifying the clients of the reasons and securing their consent:
1. There is a possibility of trouble on other clients' and KTIDC's network due to an abnormality occurring in the client's information system.
2. An infiltration incident from the outside may adversely affect KTIDC's network and the client's information system.
3. There is a request for service interruption from the Ministry of Information and Communications or Korea Information Security Agency.
② Notwithstanding the stipulations of Section 1, Article 47, KT may interrupt all or part of its services without prior consent from the clients if the situation does not allow for such consent under any of the following cases:
1. The client cannot be reached at the address or telephone number it provided.
2. There is not enough time to obtain prior agreement from the clients considering the speed of propagation of the abnormal phenomenon.
3. Other clients' services are affected due to an abnormal phenomenon in the client's equipment.
4. There is a national emergency and a nationwide network trouble.
③ The notice of service interruption shall include information such as the reasons for the interruption, date and time of occurrence, duration of interruption, and details of the interruption.
④ Upon receiving the notice of interruption, a client may file an objection with KT in writing within 7 days of the date the notice was served.
⑤ Once the reasons for interruption are resolved, or if an objection is deemed appropriate, KT shall immediately withdraw its decision to interrupt the service.

Article 48 (Prevention of Illegal Spam Mail)

① Spam Mail refers to commercial e-mails sent en masse against the will of the receivers or without their consent for purposes of profit.
② The client shall comply with stipulations related to spam mails as defined in the Law Related to the Promotion of the Use of the Information and Communications Network and Information Security and Guidelines for the Prevention of Spam Mail.
③ KTIDC has appointed a person in charge of spam mails who can receive and handle civil appeals or complaints related to spam mail and post the contents on the KTIDC website (www.kt-idc.com).
④ The person in charge of spam mails shall faithfully respond to all civil appeals or complaints within 7 days of receiving them. In case of expected delays for unavoidable reasons on the part of the person in charge, the individual who filed the petition is notified accordingly in advance.
⑤ When the civil appeal or complaint involves the client facilities within KTIDC, the person in charge of spam mails may request for an acceptable measure from the client through e-mail or other means of communication. In this case, the client shall disclose the measures to be taken within 7 days. In case of expected delays due to certain circumstances on the part of the client, however, it shall notify the person in charge of spam mails in advance.
⑥ In case the stipulations of Section 2, Article 48 or Section 4, Article 48 are not faithfully fulfilled, KTIDC may take certain actions including service interruption and report or elevate the case to the administrative or judicial authorities concerned including the Ministry of Information and Communications.

Chapter 8. Indemnification

Article 49 (Indemnification)

① In case it fails to provide service for longer than 3 hours from the time a client issues a notice of service unavailability through no fault of its own, KT shall be held liable to indemnify the client as requested considering the moment KT learned about the problem for the first time or when the cumulative trouble time exceeds 24 hours and consequently causes damage or loss to the client (in case KT had been aware of the problem even before receiving the notice sent by the client).
② For the amount of indemnification as per Section 1, Article 49, KT shall negotiate with the client using as reference the set amount of money based on three times the amount calculated by multiplying the number of hours during which the service was unavailable by the average amount per hour obtained from the daily average of the service charge for the past 3 months (in case it was shorter than 3 months, the number of relevant hours shall apply) divided by 24.
③ If the service trouble occurred for any of the following reasons, KT shall not be held liable to indemnify the client:
1. The service trouble occurred due to the defects of a terminal purchased by the client himself/herself.
2. The service trouble occurred for reasons due to force majeure or by accident or due to the intention of the client.
3. The service trouble is inevitable owing to the characteristics of the telecommunications service.
4. The service trouble occurred due to the failure to back up data for the leased equipment and system.
5. The infiltration incident occurred due to neglect in the management of security for the client's information system.
6. The trouble occurred due to problems in the equipment that replaced the IDC-provided equipment to satisfy the client's need.
7. Service interruption was implemented to prevent the trouble that occurred in the client's information system from worsening.
8. Service interruption related to a national emergency or a nationwide network trouble occurred.
④ KT shall be exempted from any liability to pay for any loss incurred through information or data obtained from the service.

Article 50 (Request for Indemnification)

① When requesting for indemnification, the client shall submit to KT the reasons for such request, request amount, and basis for calculation in writing.
② For the request for indemnification as per Section 1, Article 50, the right to request for indemnification becomes null and void unless it is exercised within 1 year of the date of the occurrence of the damage or loss.

Article 51 (Request for Indemnification from the Client)

KT may request for indemnification from a client for the resulting loss owing to any violation of this Agreement.

Article 52 (Special Features)

In case special features that are not included in this Agreement are required for certain services, KT and the client may prepare and sign a separate service agreement to enable their provision and use.

(Separate Table)

Schedule of Charges

1. Service Charge (Co-location Service) (Unit: KRW; VAT-exclusive)

Service Charge
Item Type Service Rate Remarks
Access Fee 1Gbps 27,000,000
700Mbps 23,816,000
500Mbps 17,782,000
100Mbps 3,700,000
70Mbps 3,168,000
50Mbps 2,745,000
10Mbps 782,000
7Mbps 605,000
5Mbps 327,000
Management Fee 1/4 Rack 436,000 630(mm)x1075(mm)x500(mm)
1/2 Rack 653,000 630(mm)x1075(mm)x1000(mm)
Full Rack 1,087,000 630(mm)x1075(mm)x2000(mm)
Free Size 606,000 Per ㎡
Cage 4,787,000 Accommodates 4 full racks
Installation Fee 300,000 Initial installation fee for servers


2. Discount on the Service Charge
A. When the conditions for discount are present, a client may benefit from the Co-location Service discount plan offered by KT. Below are the conditions for discount and the discount rate (note, however, that this plan is not applicable to the service charge related to the installation):

ㆍDiscount by Contract Period
- Concept: Enables the client to choose the contract period in advance for a service charge discount by period
- Discount rate: 5% for 2-year contract; 10% for 3-year contract
- In case the contract is canceled, or if the contract period is shortened during the contract term, the amount of discount shall be reimbursed based on the following formula:
ㆍCalculation formula: (Service charge × Months of use) × (Contract period discount rate - Use period discount rate)
- Unless in case of objections when the contract is terminated, the contract shall be automatically renewed for another year.
- During the period of automatic renewal, the discount rate of the first contract period shall apply.

ㆍDiscount by IDC Class
- Concept: Discount given to the service charge preferentially by IDC class (Class A: Mokdong/Bundang/Youngdong IDC; Class B: Mapo/Hehwa IDC; Class C:
Busan/Daegu/Gwangju/Daejeon/Cheongju/Weonju IDC)
- Discount rate: 0% for Class A; 5% for Class B; and 10% for Class C

ㆍDiscount for Volume
- Concept: Discount given to clients who opt for multi-line contract and multi-rack contract
- Line discount rate: 5% for 6∼10 lines; 10% for 11 lines or more
- Rack discount rate

* 5~10Racks : 5% , 11~30Racks : 10%, 31 Racks or More : 20%

ㆍDiscount for Advance Payment
- Concept: Discount given to clients who pay the service charge in advance
- Discount rate: 5% for 6 months advance payment; 10% for 1 year advance payment

B. Discount for Volume does not apply to KT Commission Stores.
Supplement [Reported on December 31, 2004]
① Validity: This Agreement is effective as of January 5, 2005.
② Special Note: This Agreement shall apply to clients who subscribed to the IDC Service from among various application services specified in the "KT Internet Service Agreement" before January 5, 2005

Supplement [Reported on April 28, 2005]

① Validity: This Agreement is effective as of May 2, 2005.


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