LEGAL INFORMATION:
New IT Venture Corporation’s IPTV Distribution portal called
‘NepalChannls’
-- WEBSITE TERMS OF USE
These Website Terms of Use ("Terms of Use") govern your access to and
use of NepalChannels website (the "Site"),
any information, text, graphics, or other materials appearing on the Site (the
"Content"), and any services provided through the Site (the
"Services"). Your access to and use of the Site, Content, and/or
Services are expressly conditioned on your compliance with these Terms of Use.
By accessing or using the Site, Content or Services, you agree to be bound by
these Terms of Use.
Modification of Terms of Use
You acknowledge and agree that NepalChannels may
revise these Terms of Use from time to time. By continuing to access or use the
Site, Content or Services after NepalChannels makes
any such revision, you agree to be bound by the revised Terms of Use.
Privacy
See NepalChannels Privacy Policy for information and
notices concerning NepalChannels collection and use
of your personal information.
Registration and Passwords
Some Services or areas of the Site may require you to register. If you choose to register, you must submit a valid e-mail address
and select a username and password during the registration process and be at least
[18] years of age. You are responsible for safeguarding the password
that you use to access any secure areas of the Site. You agree not to disclose
your password to any third party. You agree to take sole responsibility for any
activities or actions under your password, whether or not you have authorized
such activities or actions. You will immediately notify NepalChannels
of any unauthorized use of your password. NepalChannels
reserves the right to refuse providing Services or access to the Site to any
user, or to delete accounts created by users who appropriate the name,
likeness, email address or other personally identifiable information of another
individual.
Your Use of the Content
You may only use the Site, Services or Content for your personal and
non-commercial purposes, and subject to the restrictions set forth in these
Terms of Use. Furthermore, the Site and Content made available through the Site
may contain links to other websites that are completely independent of NepalChannels. NepalChannels
makes no representation or warranty as the accuracy, completeness or
authenticity of the information contained on such websites. Under no
circumstances will NepalChannels be liable in any way
for any Content or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, linked or otherwise made available via
the Site. You are also fully responsible for any Content you post on the Site
and to the consequences of any such Content.
NEPALCHANNELS Property
All right, title, and interest in and to the Site, Content and Services are and
will remain the exclusive property of NepalChannels
and its licensors. The Site, Content and Services are protected by copyright,
trademark, and other laws of both the
General Prohibitions
You agree not to do any of the following while using the Site, Content or
Services: * Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii)
invades another's privacy; (iv) is obscene, pornographic, or offensive; (v)
promotes bigotry, racism, hatred or harm against any individual or group; (vi)
infringes another's rights, including any intellectual property rights; or
(vii) violates, or encourages any conduct that would violate, any applicable
law or regulation or would give rise to civil liability.
NepalChannels will have the right to investigate and prosecute violations
of any of the above, including intellectual property rights infringement and
Site security issues, to the fullest extent of the law. NepalChannels
may involve and cooperate with law enforcement authorities in prosecuting users
who violate these Terms of Use. You acknowledge that NepalChannels
has no obligation to monitor your access to or use of the Site, Content and
Services, but has the right to do so for the purpose of operating the Site, to
ensure your compliance with these Terms of Use, or to comply with applicable
law or the order or requirement of a court, administrative agency or other
governmental body.
Termination
If you violate any of these Terms of Use, your
permission to use the Site, Content and Services will automatically terminate. NepalChannels reserves the right to revoke your access to
and use of the Site, Content and Services at any time, with or without cause. NepalChannels also reserves the right to cease providing or
to change the Site, Content or Services at any time and without notice.
The Site is Available "AS-IS"
THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING, NEPALCHANNELS EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEPALCHANNELS MAKES NO
WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEPALCHANNELS MAKES
NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY,
TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
Indemnity
You agree to defend, indemnify, and hold harmless NepalChannels,
its officers, directors, employees and agents, from and against any claims,
liabilities, damages, losses, and expenses, including, without limitation,
reasonable legal and accounting fees, arising out of or in any way connected
with your access to or use of the Site, Content or Services, or your violation
of these Terms of Use.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEPALCHANNELS NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE,
CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO
ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT
NEPALCHANNELS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU
SPECIFICALLY ACKNOWLEDGE THAT NEPALCHANNELS IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NEPALCHANNELS
WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT
UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE
THAT THE AGGREGATE LIABILITY OF NEPALCHANNELS TO YOU FOR ANY AND ALL CLAIMS
ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS
YOU HAVE PAID TO NEPALCHANNELS FOR ACCESS TO AND USE OF THE SITE, CONTENT OR
SERVICES. THE LIMITATIONS OF DAMAGES SET
Severability
In the event that any provision of these Terms of Use is held to be invalid or
unenforceable, the remaining provisions of these Terms of Use will remain in
full force and affect.
Waiver
The failure of NepalChannels to enforce any right or
provision of these Terms of Use will not be deemed a wavier
of such right or provision.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws
of
Entire Agreement
These Terms of Use are the entire and exclusive agreement
between NepalChannels and you regarding the Site,
Content and Services, and these Terms of Use supersede and replace any prior
agreements between NepalChannels and you regarding
the Site, Content and Services.
PRIVACY POLICY
Introduction:
NEPALCHANNELS respects your privacy. This Privacy Statement applies to all of
our web sites and our other products and services. This Privacy Statement
explains what information we collect through the NepalChannels
product, how we use that information, and what choices you have.
The NepalChannels product contains links to other web
sites. This Privacy Statement does not apply to the practices of any company or
individual that NepalChannels does not control, or
any web sites or services that you link to from the NepalChannels
products. You should use caution and review the privacy policies of any web
sites or services that you visit from ours to learn more about their
information practices.
Please take a few moments to read this Privacy Statement. By accessing the NepalChannels product, you agree to accept the terms and
conditions of this Privacy Statement and are aware that our policies may evolve
in the future as indicated below. In the event of a conflict between this
Privacy Statement and our Terms of Use, our Terms of Use will control.
What information we collect:
In various places in connection with NepalChannels
product, we collect “Personally Identifiable Information,” such as your name,
postal address, telephone number, email address, or other information that can
be used to identify you or contact you. For example, we collect this
information when you sign up for our email newsletter, purchase or register a NepalChannels product, register for a “NepalChannels
Account”. From time to time in the future we may offer additional features,
services and promotional opportunities that would require you to submit
Personally Identifiable Information to participate.
We also collect “Anonymous Information” such as your IP address, your ZIP code,
your Media Access Control (MAC) address, your NepalChannels
ID, the name you assigned to your NepalChannels, the
hardware and firmware version of your
Set Top Box, the type of browser you use, the pages on our websites that
you visit, the identity of your broadcast television provider, the search terms
that you enter, the advertisements that you click and the number and frequency
of users of NepalChannels. Anonymous Information will
not be associated with Personally Identifiable Information.
Like many Internet sites, we also use “cookies” to collect information when you
visit our website. A cookie is a small data file that we transfer to your
computer and is stored on your hard drive. When you visit our websites the
cookie identifies your computer to us so that you do not have to re-register
each time you visit. We also use cookies to measure the traffic to our site and
its different services and features, and other miscellaneous uses. We do not
intend that children will use the NepalChannels
product. We do not solicit or knowingly collect information from children under
13 years old, nor will we knowingly accept registration from them.
How we use the information we collect:
We use Personally Identifiable Information that you provide us for such
purposes as responding to your requests for information, products or services,
customizing the advertising and content you see, and communicating with you
about our offerings. For example, if you sign up for our email newsletter, we
will send the newsletter to the email address you provided. If you so choose,
we will also use Personally Identifiable Information to send you information
about products and services that may be of interest to you. Later on in this
Privacy Statement, we provide you with more information on what choices you
have. We use Anonymous Information to determine how people use the NepalChannels product. For example this data tells us
information including how often users click on our advertisements, which files
are downloaded most frequently, and which components or areas of NepalChannels product/content are the most popular.
Analyzing this data allows us to improve the offerings on and performance of NepalChannels.
How we share information:
We sometimes use third parties to help with some aspects of the NepalChannels, such as delivering content, processing
payments and providing marketing assistance. When we supply Personally
Identifiable Information to these third parties, we require them to use it only
for the function they are helping us with. We aggregate the Anonymous
Information that we collect and exchange it with advertisers and other partners
who are interested in the use and performance of the NepalChannels
product. We share this type of data so that our partners also may provide you
with an optimal user experience and better understand how users access the NepalChannels product.
We will disclose Personally Identifiable Information as required by law, or if
in our judgment it is necessary to protect Sling or our employees or users from
harm, loss or liability. If we merge with or are acquired by another company or
we sell substantially all of our assets, the acquirer or resulting company will
receive and may continue to use the information you have provided as described
in this policy. In the unlikely event we cease operation or enter bankruptcy,
your information may be transferred to and used by another company that
acquires our assets or offers similar or related products or services. You
acknowledge that such transfers may occur, and that any such acquirer or
successor may continue to use your information as set forth in this policy.
Personally Identifiable Information you can access:
We allow you to access the following information about you for the purpose of
viewing, and in certain situations, updating that information. This list will
change as NepalChannels product change. You may
currently access the following information:
· user profile, and
· user preferences.
What choices you have:
When you register for the NepalChannels product, you
have the option of checking a box to tell us that you do not want us to send
you any information about our products and services, or that you do not want to
receive information from our partners and others about products and services
that might interest you. We will keep track of your decision in our database.
Even if you choose not to receive information from us, we reserve the right to
communicate with you on matters we consider especially important. Further,
please note that if you do not want to receive legal notices from us, such as
this Privacy Statement, those legal notices will still govern your use of the NepalChannels product, and you are responsible for
reviewing such legal notices for changes.
You are able to add or update certain information on pages, such as those
listed in the “Personally Identifiable Information you can access” section
above. When you update information, however, we often maintain a copy of the
unrevised information in our records.
You delete your account by calling NepalChannels
customer support line: 81+3-5650-5430. Please note that some information may
remain in our records after deletion of your account.
Postings:
If you use our bulletin boards, post user comments regarding content available
through the NepalChannels, or engage in similar
activity, please remember that anything you post is publicly available.
Portions of your user profile will also be available to other users of our
websites.
Security:
During sessions in which you give us information such as credit card numbers,
our “third party” payment system like Paypal is
encrypt your transmissions using SSL (“Secure Sockets Layer”), and other
security technology. This guards against interception
of the information while it is on the Internet. They keep the Personally
Identifiable Information you provide on servers that are protected by firewalls
and other technological means against intrusion or unauthorized access. They
are located in a physically secure facility, however, there is no such thing as
“perfect security” on the Internet. And any third party involvement such as
Payment Solution, NEPALCHANNELS has no liability for the data such on the
credit card number or bank account that you will disclose to the third party.
We rely on you to select passwords that cannot be guessed easily and to
safeguard those passwords from disclosure. Please contact us if you have any
information regarding unauthorized use of the NepalChannels.
Changes to this Privacy Statement:
We may make changes to this Privacy Statement from time to time for any reason.
Use of information we collect now is subject to the Privacy Statement in effect
at the time such information is used (though you always have the option to
delete your account as described above). If we make changes in the way we use
Personally Identifiable Information, we will notify you via e-mail or by
posting an announcement on our website.
TERMS OF SERVICE
Chapter
1 New IT Venture Corporation’s IPTV Services - NEPALCHANNELS Services.
Section 1 General Provisions
Article 1 Scope of Application
These Terms of Service shall apply to New IT Venture Corporation (hereinafter
referred to as the "Company") and to its Subscribers with respect to
the use within or outside
Article 2 Amendments to these Terms of Service
1. The Company may amend these Terms of Service without the consent from the
Subscribers. Service fees and other terms and conditions for the provision of
the Service after the amendment of these Terms of Service shall be governed by
the amended version of these Terms of Service. 2. If these Terms of Service are
amended, the Company will notify in advance the affected Subscribers of the
details of the amendment in a manner prescribed by the Company.
Article 3 Notices, Communications, etc.
1. Any notices, communications, etc. from the Company to the Subscribers will
be posted on the web site of the Company.
2. The Subscribers shall, from time to time, access the start-up screen or the
web site of the Company to check for any notice or communication posted
thereon.
3. If any notice shall be provided by the Company to the Subscribers in
accordance with these Terms of Service or any other individual terms, the
Company may, in lieu of delivery the notice to the Subscribers, post it on the
start-up screen or the web site of the Company. 4. Any notice or communication
shall be deemed to have been duly served to the Subscribers 24 hours after
being posted on the start-up screen or the web site of the Company, regardless
of whether or not the Subscribers have checked for the notice or communication
posted thereon.
Article 4 Method of Provision of the Service
The Service shall be provided by the method specified in item 1 of Appendix 1.
Article 5 Service Items
Service items shall be specified per each category of Service.
Section 2 Service Use Agreement
Article 6 Individuality of Service Use Agreement
An agreement for the use of the Service shall be made individually for each
Service item to be used by the Subscribers.
Section 3 Application for Use
Article 7 Application for Use
A person who wishes to apply for an agreement for the use of the Service
(hereinafter referred to as the "Application for Use") shall submit
to the Company an application containing the following information in the form
prescribed by the Company.
(1) The name or trade name and the address of the person who applies for the
Application for Use; the name of the representative if the person is a legal
person;
(2) The item of the Service to be applied for; and
(3) Other information necessary to use the Service.
Article 8 Conclusion of Service Use Agreement
An agreement for the use of the Service is concluded upon acceptance by the
Company of the Application for Use submitted by the applicant.
Article 9 Rejection of Application
1. The Company may refuse to accept the Application for Use of the Service for
any of the following reasons.
(1) It is difficult to provide the Service for technical or other reasons;
(2) At the time of the Application for Use, the applicant is being suspended
from the use of the Service for a breach of these Terms of Service or other
reasons; or an agreement for the use of the Service with the applicant has been
terminated in the past for a breach of these Terms of Service or other reasons;
(3) The information provided in the Application for Use contains a false
statement;
(4) At the time of the Application for Use, the applicant is in arrears in
respect of any payment of the Service fees or other charges; or the applicant
has failed to meet any of such payment obligations in the past;
(5) The applicant is a minor and is found to have not obtained the consent of
his/her parent to make the application;
(6) The acceptance of the application can create a serious obstacle for the
operations of the Company; or
(7) There are other reasons for the Company to determine that it is
inappropriate to accept the application.
2. In the event that the Company has refused to accept the application in
accordance with the provisions of the preceding paragraph, the Company will
notify the applicant in writing to that effect.
Article 10 Contracting with Other Service Providers for the Purpose of
Using the Service
It is the responsibility of the Subscribers to contract with an ISP (internet
service provider) for the Internet connection which is essential for the use of
the Service. An Internet connection using ADSL or other high speed access will
be required for the Subscribers to use services provided by the Company.
Section 4 Change with respect to Agreed Matters
Article 11 Change with respect to Agreed Matters
1. The Subscribers may request changes with respect to the agreed matters
including Service items or location of the Set Top Box (hereinafter referred to
as the "STB"). If the Subscribers wish to make such a change, they
shall apply for the change by completing the application form prescribed by the
Company.
2. The Company will process the request made under the preceding paragraph in
the same manner as set forth in the provisions of Article 8 (Conclusion of
Service Use Agreement) and Article 9 (Rejection of Application).
Article 12 Succession to the Contractual Status of a Legal Person
1. If, in the case where a Subscriber is a legal person, the Subscriber undergoes
a change in ownership through merger, consolidation or otherwise, the entity
surviving the merger or the entity formed by consolidation shall provide the
Company with a notice of such change together with a document to evidence the
change within 30 days after the change becomes effective.
2. In the case of the preceding paragraph, the provisions of Article 9
(Rejection of Application) shall apply mutatis mutandis.
3. In the case of paragraph 1, if the entity has more than one representative,
the entity shall designate one representative to be its representative to the
Company and will notify the Company in writing to that effect. The entity shall
also notify the Company of any change in such designation.
4. The Company will consider the one among the persons having taken over the
status of the Subscriber whose name is registered as a subscriber to a
distribution service provided by the Company to be the representative of the
entity to the Company until the entity provides the Company with the notice in
accordance with the provision of the preceding paragraph.
Article 13 Succession to the Contractual Status of an Individual
1. If, in the case where a Subscriber is an individual person, the Subscriber
dies, the Service will cease to be provided with respect to such individual
Subscriber; provided, however, that the successor of the deceased (in cases
where there are more than one successor, a single one of them who has succeeded
to the status of the Subscriber by the partition of the estate) may continue to
use the Service by applying to the Company for the continued use within two
weeks after the commencement of the inheritance. The successor shall take over
the status of the deceased Subscriber under the relevant Service use agreement.
2. In the case of the preceding paragraph, the provisions of Article 9
(Rejection of Application) shall apply mutatis mutandis.
Article 14 Change of Address
1. If a Subscriber moves to a new address or location, the Subscriber may apply
for the continued use of the Service under the applicable Service use agreement
at the new address or location, provided that the application is made prior to
the move to such new address or location.
2. In the case of the application under the preceding paragraph, the provision
of Article 8 (Conclusion of Use Agreement) shall apply mutatis mutandis. The
Subscriber in this case shall pay the expenses described in item 1-3 of
Appendix 2 (Expenses associated with the change to the agreed matters). In
addition, the Subscriber shall also bear the actual cost of the construction
work if such work is necessary in connection with the use of the Service at the
new address or location.
3. If the application under paragraph 1 of this Article is made, the Subscriber
shall be responsible for the payment of the Service fees during the period
after the move to the new address or location and prior to the commencement of
the relevant Service.
4. In the event that the Company has refused to accept or the Subscriber has
withdrawn the application made in connection with the relocation under
paragraph 1 of this Article, an application for the termination of the relevant
Service use agreement shall be deemed to have been made at the time when the
Subscriber relocated.
5. If the Subscriber has not made the application under paragraph 1
notwithstanding the relocation, or the Subscriber moves to a new address
located in an area where the services of the Company are not available, the
Subscriber shall apply for the termination of the relevant Service use
agreement in accordance with these Terms of Service.
6. In cases where the termination of the Service use agreement is delayed
because of the failure of the Subscriber to make, or the delay in making, the
application under the preceding paragraph, the Subscriber shall be responsible
for the payment of the Service fees or any other amounts payable to the Company
which have accrued prior to the termination of the relevant Service use
agreement.
Article 15 Change to Service Use Agreement
1. Any Subscriber may apply for a change of service items in accordance with
the procedure prescribed by the Company and subject to the Service fees
applicable to the new Service after the change is made.
2. If the Company accepts the application made under the preceding paragraph,
the Service items will be changed to new items applicable after the change as
from the time designated by the Company. Even after the application for the
change of Service items has been made, the Subscriber shall be responsible for
the payment of the Service fees applicable to the items before the change until
the Service items after the change become available.
3. Even in the case where the application under paragraph 1 is made, the
Company shall reserve the right to refuse to accept the change for technical or
other reasons.
Article 16 Prohibition of Assignment of the Subscriber? Fs Right
The Subscribers may not assign their right to use the Service to any third
party.
Section 5 Suspension of the Provision of the Service
Article 17 Cessation of the Provision of the Service
1. If any one of the following events occurs in respect of a Subscriber, the
Company may cease to provide the Service by establishing a certain period
without any prior notice to the Subscriber.
(1) The Subscriber has committed an act prohibited under Article 38
(Prohibitions) or an act contrary to the terms of an individual agreement with
the Company;
(2) A report or notification submitted to the Company contains a false
statement;
(3) The Subscriber is in arrears or default of any payment of Service fees or
other obligations due to the Company;
(4) The Subscriber has breached any provision of these Terms of Service or any
of the terms of an individual agreement with the Company;
(5) The Company determines that the Subscriber is not appropriate for the
subscriber ship; or
(6) The STB is relocated to a location outside the area where the Service is
provided.
2. If the Service ceases to be provided in accordance with the provisions of
the preceding paragraph, the Subscriber shall make a lump sum payment of the
Service fees and other obligations associated with the Service and payable to
the Company that have accrued prior to the cessation of the provision of the
Service in a manner prescribed the Company, and the Subscriber shall return all
articles loaned by the Company at the instruction of the Company. The Company
shall have no obligation to refund any amounts previously paid for the initial
cost, Service fees or other charges due to the Company.
Article 18 Temporary Suspension of the Provision of the Service
1. If any one of the following cases occurs, the Company may temporarily
suspend the provision of the Service.
(1) The case where the suspension is necessary for the purpose of maintenance
of or an engineering work on the Company?fs telecommunications system;
(2) The case where the Company?fs telecommunications system runs into trouble,
and/or Internet failure. Company does not and cannot control the flow of
streaming to or from the Company Network or within to any portion of the internet.
Such flow in a large part on the performance of the internet service provider
or controlled by third parties. At times, action or omissions of such third
parties can impair or disrupt subscriber connections to the internet (or
portion thereof). Although Company will use commercially reasonable efforts to
take actions it deems appropriate to a remedy and avoid such events, Company
cannot guarantee that such events will not occur, which makes the suspension
necessary
(3) The case where the telecommunications system of the Internet service
provider who provides the Internet connection to the Company is on maintenance
or runs into trouble, which makes the suspension necessary;
(4) The case where the provisions of Article 19 (Restrictions on the Use of
Telecommunications) shall apply;
(5) The case where the suspension is necessary as a protective measure in the
event that there is a possibility that the provision of the Service may result
in causing damage to the networks of the Company or other networks, or where it
is determined that the provision of the Service may contribute to an action
aimed at destroying or attacking the networks of the Company or other networks;
(6) The case where as the result of the cessation by a designated
telecommunication carrier of its telecommunications service it becomes
difficult to provide the Service.
2. In the event that the Company intends to suspend the provision of the
Service in accordance with the provision of item (1) of the preceding
paragraph, the Company will notify the Subscribers in advance to that effect in
a manner specified by the Company, provided, however, that the Company may omit
the notice in case of emergency.
3. In the event that the Company suspends the provision of the Service in
accordance with items (2) through (5) of the preceding paragraph, the Company
will notify the Subscribers in advance of the reason for and the commencing
date and duration of the suspension in a manner specified by the Company,
provided, however, that the Company may omit the notice in case of emergency.
4. The Company shall not be held liable for any damage incurred by the
Subscribers as a result of the suspension.
Article 19 Restrictions on the Use of Telecommunications
1. If, as a result of the occurrence of a natural disaster, accident event or
other emergency situation, the communications lines are congested to such an
extent that it becomes impossible to keep all or some of the communications
lines open, the Company may take steps to restrict or temporarily suspend the
provision of the Service in order to give priority to the handling of the
communications relating to urgent matters that are necessary to protect the
public interest.
2. When a natural disaster or other emergency occurs or threatens to occur, the
Company may, in accordance with the provisions of Article 8 of the
Telecommunications Business Law, take steps to restrict the use of the Service
in order to give priority to the handling of the communications relating to
matters that are essential for the prevention of or relief from disasters, for
securing of transportation, communications or electric power supplies, or for
the maintenance of public order, or of the communications that are urgently
needed to protect the public interest.
3. The Company may restrict the use of the Service by a Subscriber if the
Subscriber commits an act that causes excessive load on the telecommunications
system of the Company.
4. The Company services for the channels (content ) may be changed, modified or
altogether cut-off at the sole discretion of Company and/or upon the
unavailability of the said channels (content ) for whatever cause without a
prior notice.
Article 20 Permanent Discontinuance of the Service
1. The Company may permanently discontinue all or part of the Service for
commercial, technical or other reasons.
2. In the case of the preceding paragraph, the Company will notify in advance
the affected Subscriber of the details of the amendment in a manner prescribed
by the Company.
3. The Company shall not be held liable for any damage incurred by the
Subscribers as a result of the permanent discontinuance.
Section 6 Termination of the Service Use Agreement
Article 21 Termination of the Service Use Agreement by the Company
1. In cases where the Service ceases to be provided in accordance with the
provisions of Article 17 (Cessation of the Provision of the Service), if the
Subscriber fails to eliminate the cause of cessation within the time frame of
the cessation period, the Company may terminate the relevant Service use
agreement without any prior notice to the Subscriber.
2. If, in respect of a Subscriber, any one of the events listed in the
respective items of paragraph 1 of Article 17 (Cessation of the Provision of
the Service) occurs and if such an event is considered likely to cause an
obstacle for the operations of the Company, the Company may, in lieu of ceasing
the provision of the Service under the Article, terminate the relevant Service
use agreement without any prior notice to the Subscriber.
3. In cases where the Service is permanently discontinued by the Company, the
Company may terminate any applicable Service use agreement.
4. In the event that the Company intends to terminate a Service use agreement
in accordance with the provisions of preceding three paragraphs, the Company
will notify the Subscribers in a manner specified by the Company.
Article 22 Termination of the Service Use Agreement by the Subscriber
1. If a Subscriber intends to terminate a Service use agreement, the Subscriber
may terminate the agreement, effective as of the date desired by the
Subscriber, upon application to the Company.
2. Even after the application for the termination of the Service use agreement
has been made pursuant to the preceding paragraph, the Subscriber shall be responsible
for the payment of the Service fees or any other amounts payable to the Company
which have accrued prior to the termination of the relevant Service use
agreement.
3. If a Subscriber terminates a Service use agreement, the Subscriber shall, at
Subscriber?fs cost, return all equipment and other articles loaned by the
Company in connection with that agreement at the instruction of the Company.
4. In the event of termination of a Service use agreement by a Subscriber, the
Company shall have no obligation to refund any amounts previously paid for the
initial cost, Service fees or other charges due to the Company.
Section 7 Service Fees and Charges
Article 23 Service Fees and Charges
1. A Subscribers shall be obligated to pay the Service fees and other charges
due from the date on which the Company commences to provide the Service to the
Subscriber.
2. The Subscriber shall pay the Service fees and other charges set forth in
these Terms of Service in a manner prescribed by the Company.
3. The Company may amend the Service fees and other charges at any time and
from time-to-time. If the Service fees or other charges are amended, the
Company will notify the affected Subscribers by posting the notice on the
Company?fs web site or by any other means that the Company considers
appropriate.
Article 24 Service Fees and Other Charges Billing Date and Date of
Payment
1. Except in the cases of the paragraphs 2 and 3, the Service fees and other
charges shall be paid through the Smart Pit payment system monthly in advance.
2. The Company will charge the initial Service fee at least equivalent to a
monthly Service fee payable for the period of one month from the date of
delivery to the respective Subscriber of network-connected equipment (if
delivered along with member information) or of membership information. The
payment of the initial Service fee shall be made together with the payment of
the initial cost on a cash on delivery basis.
3. The Subscriber shall pay the Service fees and other charges charged in
accordance with the provisions of the respective paragraphs on or prior to the
date of payment specified by the Company in a manner prescribed by the Company.
Article 25 Surcharge
In the event that a Subscriber has illegally evaded the payment of Service fees
or other charges, the Subscriber shall pay a surcharge equal to double the
amount of the fees and/or charges evaded, on top of the amount so evaded, on or
prior to a date designated by the Company in a lump sum payment.
Article 26 Adjustment of Payment in case of Unavailability of the Service
1. In cases where, for reasons attributable to the Company, a specific type of
the Service becomes entirely unavailable and the unavailability (including the
circumstance in which due to serious disturbances in all of the communications
using the system of the Company relating to the relevant agreement the Service
cannot practically be used; hereinafter the same shall apply in this Article)
continues for 24 hours or more from the time when the Company becomes aware of
it (which is referred to as the "starting point of counting"), the
Subscribers shall be exempted from payment of the Service fees and other
charges payable for the number of days calculated by dividing the total number
of hours of unavailability by 24 hours (the number of days less than 24 hours
shall be disregarded) (the exempt amount shall be calculated by multiplying the
number of days as calculated above by the applicable daily amount which is
obtained by dividing by 365 the monthly amount of the Service fees and other
charges multiplied by 12; such exempt amount shall be hereinafter referred to
as the "Exempt Subscriber Fees"); provided, however, that the
foregoing provision shall not apply if the provision of the Service is
suspended in accordance with the provisions of Article 18 (Temporary Suspension
of the Provision of the Service).
2. In the case of the preceding paragraph, the Company will refund the Exempt
Subscriber Fees in a manner that the Company considers appropriate.
3. The provisions of preceding two paragraphs shall not apply in cases where
the Service is unavailable for any other reason except as a result of the
willful misconduct or gross negligence of the Company.
4. For the avoidance of doubt, an unavailability of the Service caused by the
facilities of other service providers who entered into an agreement with a
Subscriber in accordance with Article 10 (Contracting with Other Service
Providers for the Purpose of Using the Service) shall not constitute a reason
attributable to the Company for the purposes of the provision of paragraph 1.
Article 27 No Refund of Service Fees and Other Charges
Unless otherwise expressly provided in these Terms of Service or any other
individual terms, the Company shall be under no obligation whatsoever, for any
reason, to refund any amounts previously paid for the initial cost, Service
fees or other charges due to the Company.
Article 28 Consumption Tax
The amount of any payment to be made by a Subscriber to the Company with
respect to the Service provided shall include an amount equivalent to the
consumption tax imposed on the Service Fees or other charges specified by the
Company (the amount equivalent to the consumption tax refers to the amount the
consumption tax imposed on goods in accordance with the provisions of the
Consumption Tax Law (Law No. 108 of 1988) and other laws and regulations
relevant to the Law).
Section 8 Connection to Network
Article 29 Contract for Internet Connection, etc.
The Subscribers shall contract with an ISP (internet service provider) for the
Internet connection which is essential for the use of the Service.
Article 30 Connecting Method
The Company will provide the Subscribers with the Service of a technical level
specified by the Company and in accordance with these Terms of Service.
Article 31 Connection to Network and Connecting Point
As a rule, the Subscribers shall connect its STB at a connecting point
determined by the Subscribers themselves.
Article 32 Management of the STB by the Company
1. The Subscribers shall observe the following rules:
(1) The Subscribers shall not remove, alter, disassemble or destroy the STB
without the approval of the Company.
(2) The Subscribers shall manage the STB of the Company with due care of a
prudent manager.
2. If a Subscriber has lost or damaged the STB of the Company in violation of
the provisions of the preceding paragraph, the Subscriber shall retrieve or
repair the device at its own expense on or before the date specified by the
Company. The repair work shall be performed by the Company or a contractor
designated by the Company.
Article 33 Procedure for Dealing with Troubles with the STB
1. If the STB of the Company in the possession of a Subscriber fails to operate
properly, the Subscriber shall immediately notify the Company to that effect.
2. Upon receipt of the notice under the preceding paragraph, an employee of the
Company or other person designated by the Company will investigate the cause of
the failure and repair the device.
3. If the failure under paragraph 1 has occurred through the fault of the
Subscriber, the expenses incurred in connection with the cause investigation
and the repair of the device shall be for the account of the Subscriber.
4. If the investigation under paragraph 2 finds that there is nothing wrong
with the STB of the Company, the Subscriber shall bear the expenses incurred
for the investigation conducted.
5. Even in the event that the Subscriber is prevented from using the Service as
a result of a fault with the STB of the Company, the provisions of Article 20
(Permanent Discontinuance of the Service) shall not apply and the Subscriber
shall not be exempted from payment of the Service fees and other charges
applicable to the period during which the Service was interrupted.
6. Subject to the provisions of this Article, the Company shall not be liable
for any damages resulting in connection with the fault of the STB of the
Company, including cases where the fault prevented other devices than the STB
of the Company from being utilized.
Section 9 Miscellaneous Provisions
Article 34 Protection of Personal Information, etc.
The Company will comply with the Act on the Protection of Personal Information
(Law No. 57 of 2003), the Basic Policies on Protecting Personal Information
(Cabinet Ordinance of April 2, 2004) and the Guidelines for the Protection of
Personal Information of Broadcast Service Users (Public Notice No. 696 of the
Ministry of Internal Affairs and Communications of August 31, 2004; hereinafter
referred to as the "Guidelines") in order to protect the personal
information of the Subscriber acquired in connection with the provision of the
Service, and will not disclose or divulge such personal information to any
third party other than the Subscriber, nor use the same beyond the scope necessary
for the purpose of providing the Service, except in the cases mentioned in the
following items:
(1) cases in which the Company provides personal information to an entity
entrusted by the Company with, or cooperating with the Company in, the handling
of matters necessary for the provision of the Service under an agreement by
which the entity is obligated to manage the personal information in an
appropriate manner;
(2) Cases in which personal information is collected or analyzed for the
purpose of improving the quality of the Service;
(3) In cases where the results of the collection or analysis under the
preceding item are disclosed or provided to third parties in a manner that does
not allow for the identification of individuals;
(4) In cases where the personal information of a specific Subscriber is used or
disclosed with the voluntary consent of the Subscriber;
(5) In cases where under a judicial search warrant, seizure or some other
compulsory process is carried out; where an inquiry concerning personal
information is made by a person legally authorized to make such inquiry (based
on Article 197, paragraph 2 of the Code of Criminal Procedure, Article 23-2 of
the Practicing Attorney Law, etc.); or where the provision of personal
information is necessary to comply with applicable laws and regulations;
(6) In cases where the requirements for requesting for disclosure under Article
4 (Request for Disclosure of Sender Information etc.) of the Law concerning
Limitation of Damages to Specific Telecommunications Service Provider and
Disclosure of Sender Information are satisfied; or
(7) In cases where disclosure is permitted under the Act on the Protection of
Personal Information (Law No. 57 of 2003).
Article 36 Maintenance
The Company will maintain the telecommunications facilities installed by the
Company so that they continue to comply with the Regulations on
Telecommunications Facilities for Business Purposes (Ordinance No. 30 of the
Ministry of Posts and Telecommunications of 1985).
Article 37 Obligations of the Subscribers
1. The Subscribers shall be responsible for managing the account and password
issued by the Company (hereinafter referred to as the "Account,
etc."). If the Account, etc. has been forgotten or lost, the Subscriber
shall promptly notify the Company.
2. In cases where the Subscribers engage in communications through other
networks (domestic), the Subscribers shall comply with the regulations of all
networks involved.
3. In addition to the preceding paragraph, the Company may impose certain restrictions
on the use of the Service depending on the type of the Service, and the
Subscribers shall comply with these restrictions.
4. The Subscribers shall be responsible with respect to any information
transmitted by them through the Service and shall not cause any trouble or
damage to the Company in this respect.
5. In the event that a Subscriber has caused any damage to or any dispute with
other parties in connection with the use of the Service, the Subscriber shall
resolve such problem or dispute at its own expense and responsibility and shall
not cause any trouble or damage to the Company in this respect.
Article 38 Prohibitions
1. When using the Service, the Subscribers shall not engage in any of the
following acts:
(1) An act that violates, or is likely to violate, the copyrights or other
rights of others or the Company;
(2) An act that that impairs, or is likely to impair, the property, the privacy
or the rights of likeness of others or the Company;
(3) An act that that interferes with the receipt of e-mails by others, an act
that causes disadvantage or damage to others or the Company or an act that is
likely to cause such interference, disadvantage or damage;
(4) An act that slanders or defames, or injures the reputation or credit of,
others or the Company, or an act that is likely to cause such slander, defame
or injury;
(5) An act that contravenes, or is likely to contravene, public order and
decency, or an act of providing others with information that offends public
order and decency;
(6) An act that constitutes or leads to a crime, or an act that is likely to
constitute or lead to a crime;
(7) An act of providing information that is contrary to fact or that may be
contrary to fact;
(8) An act that violates the Law on Proscribing Stalking Behavior and Assisting
Victims
(9) An act of operating a pyramid scheme or soliciting for participation in a
pyramid scheme;
(10) An act of altering or deleting information of the Company or others that
is accessible through the Service;
(11) An act that violates the Public Offices Election Law, such as preelection
campaigning;
(12) An act of sending others without permission e-mails for advertisement,
promotion or solicitation purposes, or sending nuisance e-mails; or an act of
requesting others to forward chain e-mails or of accepting such request to
forward chain e-mails;
(13) An act of collecting personal information of any other person or private
information of any other company without permission of the person or the
company or in an unlawful manner;
(14) An act that disturbs the operation of the Service or harm the credibility
of the Service;
(15) An act of using the Account, etc. in an unauthorized manner;
(16) An act of gaining access to the facilities of the Company or others
without authorization;
(17) An act of using or providing computer viruses or other harmful programs
through or in connection with the Service;
(18) Any other act that violates or threatens to violate any law or regulation;
(19) An act of providing links to the sites where any of the acts referred to
in the preceding items is observed (including those performed by others), with
the intention of encouraging such act;
(20) An act of permitting a third party to use the Service for consideration
without the prior written consent of the Company; or
(21) Any other act that the Company considers inappropriate.
2. If it is confirmed that any of the acts listed in paragraph 1 has been
committed, the Company will terminate the relevant Service use agreement in
accordance with Article 21 (Termination of the Service Use Agreement by the
Company).
Article 38 Limitation of Liability
1. The Company makes no warranty with respect to the completeness, accuracy,
reliability, usefulness or any other aspect of the content of the Service or of
the information obtained through the Service.
2. Except as otherwise expressly provided in these Terms of Service or any
other individual terms, the Company shall not be liable for any damage suffered
by the Subscribers in connection with the Service including those resulting
from the provision, delay in provision, change, suspension, cessation or
permanent discontinuation of the Service, or the leakage or loss of the
information registered or provided through the Service.
Article 40 Copyrights and Other Rights
1. The Subscribers acknowledge that all copyrights and other proprietary rights
in the information and materials provided by the Company to the Subscribers
through the Service (including without limitation images, sounds, texts, etc.;
hereinafter the same shall apply.) shall be the sole property of the Company or
a third party that provided the Company with the information and materials.
2. The Subscribers shall use the information and materials provided by the
Company through the Service solely for their personal purposes, and shall not
use the information for any commercial purposes, or forward the information to
others or post the information on a web site accessible by the general public,
nor shall the Subscriber reproduce, publish, broadcast or publicly transmit, or
permit any third party to reproduce, publish, broadcast or publicly transmit
the information beyond the scope of personal use.
Section 10 Other Provisions
Article 41 Jurisdiction
Any dispute between a Subscriber or Subscribers and the Company that may arise
in connection with the Service shall be submitted to the exclusive jurisdiction
of the
Appendix 1 Provision of the Service
|
ITEMS |
DESCRIPTION |
|
STB
System |
A
system that allows viewing of the distributed channels by connecting the set
top box to the devices |
|
PC
System |
A
system that allows viewing of the distributed channels to PC by login to our
official website. |
|
ITEMS |
DESCRIPTION |
|
IP
Phone ATA Device |
A
system that allows for making both International and domestic calls by connecting the ATA Device in Internet and
Telephone Set |
|
Soft
Phone System |
A
system that allows for making both International and domestic calls by using
PC based Soft Phone by installing in any PC |
|
Calling
Card |
A
system that allows for making International calls using both Call though and
Call Back process. Card is always in prepaid basis which can also be charge
from many convenience store inside |
|
Internet
Services |
Processing
for NTT Optical or ADSL Internet
services which gives high speed, and reliable internet. |
Appendix
2 Service Fees and Other Charges
|
1-1
Initial Cost |
||||||||||||||||
|
|
1-2
Monthly Fee |
||||||
|