This agreement (this "Terms of Service") is entered into for purpose of regulating conditions of utilization and procedures of the service provided by BADWARE.INFO operated by UpRoot, Inc. (hereinafter called the "Company").
① "Services" shall mean the services provided by BADWARE.INFO stipulated in the Article 4 of this Agreement.
2. Effective date and Amendment
① "BADWARE.INFO" may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Services. "BADWARE.INFO" shall post notice of modification to this Terms of Service on this page 7 days prior to the modification with clarifying the effective date of the amended or newly added clause and grounds for the modification. If the modification is unfavorable for the user, the modifications shall not apply retroactively and shall become effective no sooner than thirty 30 days after they are posted. In such case, the Company shall notify before and after of the clause intelligibly.
② The User is entitled to disagree to the modified terms for the Service. If the user does not agree to the modification, the use of the Service can be suspended or restricted. However, unless the user takes action against the modification, the Company shall regard the silence as the user’s consent to the modification.
③ The User shall look at this Terms of Service regularly from "BADWARE.INFO" website. The Company shall not be responsible to the User’s loss due to the unawareness of the amendment.
3. Services and Change
① "BADWARE.INFO" provides Services specified below.
(a) Dashboard of real time malicious URI.
(b) Statistic Information of malicious URI such as country and period.
(c) Other services by "BADWARE.INFO".
② In the event of changes including technical specifications, "BADWARE.INFO" may change the content of this Service by informing the "BADWARE.INFO"
③ In the event that grounds for maintenance, inspection, replacement and breakdown, disruption of communication of information and communications equipment occur, the "BADWARE.INFO" shall temporarily discontinue providing the Service and shall notify in advance. In case of force majeure such as war, incident, or other equivalent to state of national emergency, the "BADWARE.INFO" may limit all or part of the Service.
① Use of the Service in connection with non-members and free members, the Company shall not bear any liability with respect to damages incurred to the above users unless the damages were deliberately incurred by the Company.
② In the event that the "Company" temporarily suspends the Service in accordance with the Article 4 section 4 and if notified in advance, the "Company" shall not be responsible for the interruption of the Service itself. However, due to an unjust interruption of the Service by exceeding a reasonable period of time and damages the paid membership, there shall be an obligation to reimburse upon request and proof of the paid membership. However, it shall not apply if it is proved that the "BADWARE.INFO" is not responsible for intentionality or gross negligence for such damage.
③ In the event that the damages caused to the Company, "BADWARE.INFO" or a third party due to the user’s violating the provisions of this Agreement, that user who violated the terms and conditions shall be liable for all damages caused to the Company or third parties.
④ The Company shall not be liable for civil and criminal responsibility even if the Company admits that the user’s infringement of intellectual property of others including patent, copyright, trade secrets by using of this Service. In case the Company receives a complaint with a reason that the user have infringed the intellectual property rights of others, the user shall indemnify the Company at its own expense and responsibility and shall compensate all damages caused to the Company.
5. Termination and Withdrawal from Membership
① "BADWARE.INFO" may restrict or disqualify membership, when a Member falls under any of the following subparagraphs:
(a) Data Crawling & processing using automated tools or Web Crawling Bot.
(b) Sending or uploading information selected from "BADWARE.INFO" to others without any notification or permission.
(c) Fails to pay any amount(including but not limited to Service fee) of principal, interest, or any other amount payable under this Terms of Service or other Service agreement on the date when such amount is due.
(d) Impedes normal functioning of the Service by hindering other Users' usage of "BADWARE.INFO", or abusing information of others.
(e) Acts against law, this Terms of Service, or public policy.
6. Ownership Rights and Restrictions
① All the intellectual property rights in the Services of "BADWARE.INFO" are and will remain the Company's property.
② Without prior consent of Company, User shall not reproduce, transmit, broadcast, publish or use the information provided via the Services for commercial purpose, let the third party use the information.
In respect of undefined matters under this Terms of Services and the Interpretation of this Terms of Service, related Act and subordinate statute including 'Act on the Regulation of the Terms and Condition', 'Act on promotion of information and Communication network Utilization and Information Protection, Etc.' will be applied.
8. Governing Law and Jurisdiction
The laws of Republic of Korea will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the Seoul Central District Court of Republic of Korea, and User and UpRoot, Inc. consent to personal jurisdiction in the court.
This Terms of Service shall enter into force on May 20, 2016.