Terms of Service for MongCloud.
Chapter 1. General Provisions (Articles 1-4)
Article 1 (Purpose) These Terms set forth the rights, obligations, responsibilities, and other matters between MongCloud (the “Company”) and customers (“Customer”) when using the Company’s cloud services (“Services”). Article 2 (Definitions) - “Server”: A physical computer that operates Cloud PCs. - “Cloud PC”: A virtual computer provided by the Company that the Customer can access remotely over the internet and use like a real PC. - “Line”: A physical line the Company provides to connect to the internet; measured in Mbit/sec. - “Cloud PC access address”: The address for connecting to a Cloud PC. - “Cloud PC ID / password”: Credentials for accessing a Cloud PC. - “Website ID / password”: Credentials for accessing the Company website. Article 3 (Posting and changes to the Terms) - These Terms take effect by being posted on the service website (https://mongcloud.net). - When the Company amends the Terms, it posts the effective date and reasons alongside the current Terms on the homepage main screen for at least seven (7) days before the effective date. - If the Customer continues to use the Services for seven (7) days after the effective date without expressing rejection, the Customer is deemed to have agreed to the amended Terms. Article 4 (Matters outside these Terms) Matters not specified here follow applicable laws, business practices, and the service-specific guides posted on the website.
Chapter 2. Service Use Agreement (Articles 5-8)
Article 5 (Agreement and application) - The Customer must agree to the Terms posted on the website to use the Services; pressing “Agree” during the subscription flow constitutes consent. - After consenting, filling out the form designated by the Company completes the application. The Company may require additional written application forms and supporting documents (e.g., business registration copy or, for individuals, ID copy). - The Customer must provide real and accurate information. Providing false information may limit Service use and legal protection at termination. - Personal information provided during application is protected under applicable law and the Company’s Privacy Policy. - Individuals under age 14 cannot sign up. Article 6 (Ownership of IP and payment responsibility) Intellectual property related to server operations belongs to the individual who registered the account ID, and payment obligations also rest with that registrant. If corporate information (e.g., business registration number) or credit card information is separately registered, ownership and payment responsibility are recognized for that corporation ahead of the individual account registrant. Article 7 (Application, formation, activation) - The Service contract is formed when the Customer applies via the website and registers a credit card to pay fees. - Once formed, requested Services open automatically; if additional work is needed (e.g., license purchase), activation may be manual. - When the Customer receives server address and account information by email, the Service becomes available, and the activation notice date becomes the billing start date. - If no separate written contract is executed, the following may substitute as contract records: a copy of these Terms, product information posted on the website, the online Service application record, bank deposit slip or credit card sales slip, and the tax invoice issued by the Company. Article 8 (Acceptance of application) - The Company accepts applications completed under Article 7 in the order received unless special circumstances exist. - The Company may refuse applications in cases such as: • Using a false identity or a third party’s name • Registering a card that cannot be charged or an illegal card • Providing false information on the application • Having previously caused or likely to cause network disruption (e.g., attacks) to this or similar services • Operating an illegal website (e.g., unlawful adult content, illegal gambling, anti-state activity) • Having a history of fee delinquency or abusive use - The Company may defer acceptance if Company circumstances make approval difficult.
Chapter 3-A. Obligations and Service Operation (Articles 9-15)
Article 9 (Company obligations) Provide stable, continuous Service; secure sufficient bandwidth; promptly repair or restore service issues; handle legitimate opinions/complaints within set periods; collect and store personal data only as needed and not provide it to third parties without consent (except for ID verification with credit information providers, legal requests by authorities, requests by the Korea Communications Standards Commission, or providing delinquency data to credit bureaus); facilitate contract procedures and changes for the Customer. Article 10 (Customer obligations) Provide accurate real information on sign-up and updates; pay fees on designated dates; do not interfere with the Company’s or other customers’ service operations; do not use the Services for illegal acts; keep systems patched and secure—unless a separate security service contract exists, the Company is not liable for security incidents; back up data—unless a separate backup contract exists, the Company is not liable for data loss; ensure software is licensed or license-free and take responsibility for IP issues; manage all IDs/passwords; promptly update the Company when registration information changes. Article 11 (Intellectual property) Unless otherwise stated, IP rights to works created by the Company belong to the Company. Customers must not infringe the Company’s or third parties’ IP. Information obtained through the Services may not be copied, transmitted, published, distributed, or broadcast for profit or by third parties without prior Company consent. Article 12 (Principle of service provision) The Service is provided 24/7/365 unless there is a business or technical issue. The Company may temporarily suspend for maintenance or upgrades and will pre-notify planned downtime on the website or via email. Article 13 (Service interruption not attributable to the Company) The Company is not at fault if interruptions occur due to: unforeseen network equipment failure or emergency repairs; attacks that saturate data center bandwidth; maintenance under one hour to address server faults; failures in facilities not owned/operated by the Company; carrier network path failures; national/area emergencies or natural disasters; situations falling under Article 14. Article 14 (Network access restrictions) The Company may suspend a server’s network access and request remediation if: Article 10 obligations are violated; fees are unpaid; the server uses ≥5 Mbit/sec of international bandwidth or ≥10% of total traffic; excessive packets/broadcasts disrupt the network; the server is suspected of compromise or virus infection; missing security updates make the server a risk; excessive power or heat threatens operations; a government agency requests temporary suspension via due process to preserve evidence; the Customer violates the Information and Communications Network Act or the “Spam Mail Prevention Guidelines.” Article 15 (Automatic renewal) Unless the Customer submits cancellation, Service contracts automatically renew indefinitely.
Chapter 3-B. Contract Changes, Termination, Support (Articles 16-23)
Article 16 (Change, cancellation, termination, restriction) Subscription cancellation is processed immediately and shown as “pending cancellation” until the next billing date; Service continues during the pending period. The Company may restrict change requests if fees are unpaid, capacity is insufficient, technical provision is difficult, or policy changes. The Customer may request a refund if dissatisfied or if objectives are unmet. Payments refunded within two (2) days of payment are fully refundable. If the monthly card charge fails on the billing date, Service stops immediately; if paid within five (5) days, Service is restored; after five (5) days, data is fully deleted and cannot be recovered. Article 17 (Succession of legal status and information changes) Registered IDs and member/company information cannot be edited online. If corporate details change due to new incorporation after ID creation, the Company will update after verification. For succession (inheritance, merger, split, business transfer), the Company generally does not intervene; the Customer must open a new ID, submit business registration (or personal ID) and documents proving succession using the Company’s form, after which the Company transfers operations and IP rights to the new ID and bills any costs to that ID. All fees up to the succession date must be fully paid; unpaid amounts may result in refusal of cooperation. Article 18 (Automatic termination) For fixed-term contracts, if the Customer terminates for reasons attributable to the Customer, the Company may charge a termination fee under Article 37. Free Services may be terminated automatically without notice when the Service contract ends. Article 19 (Termination by the Company) The Company may unilaterally terminate if: an invalid or stolen card is registered; no proper action is taken on unpaid fees; application information is false; the Customer intentionally disrupts Company Services causing damage; remediation requested under Article 14 is not taken; the server is used for unnecessary acts that harm or attempt to harm Company/other customer servers; excessive spam causes the Customer’s IP to be blacklisted (RBL); large-scale attacks targeting the server harm the Company network; security holes make the server a stepping stone; the Service is used for illegal purposes under domestic/international law and authorities request suspension. Article 20 (Service commencement) When a valid card is registered and Service is requested, the Company activates immediately and sends access IP/password information by email. The activation time is the Service start time. Article 21 (Technical support) Unless a separate Cloud PC management contract exists, the Customer manages the Cloud PC. The Customer may request tech support via the website; fees may apply per policy and task complexity. The Company verifies the Customer’s ID/password. The Customer must back up data before support requiring admin access. If data loss occurs due to operator error, the Company restores within the scope of Customer-held backups; the Company is not liable beyond that. The Customer may request rework within seven (7) days after completion; after that, the Company bears no responsibility. Liability for data loss or malfunction caused by support is capped at 10x the support fee paid. For regenerating admin IDs/passwords due to loss, the Company may request additional identification. Phone support time is billed per government-notified software labor rates, calculated per 10 seconds. Article 22 (Equipment rental) Customers may rent equipment and must pay monthly rental fees. If rented equipment fails during Service use, the Company must replace it; if the failure is the Customer’s fault, repair costs are charged. For fixed-term rentals, early termination (unless due to Company fault) incurs the termination fee stated in the rental contract. If rental fees are overdue for one (1) month, the Company notifies the Customer to pay or return; if unpaid for more than one week, the Company may force return. Rental equipment cannot be removed from the IDC. The Customer must back up data before return; systems are formatted on return, and the Company is not liable for data loss. Article 23 (IP address provision) Cloud PCs are generally assigned shared IP addresses unless a product specifies otherwise; the stated IP policy for each product applies.
Chapter 3-C. Spam, Security, and Access (Articles 24-27)
Article 24 (Illegal spam prevention) “Spam mail” means commercial email sent against the recipient’s refusal or without consent. Customers must comply with the Information and Communications Network Act and the “Illegal Spam Prevention Guidebook for Businesses.” The Company designates a spam officer and posts the contact on the website. The spam officer replies within seven (7) days to complaints (or notifies delays). If spam originates from Customer equipment, the officer requests action; the Customer must report actions taken within seven (7) days (or pre-notify delays). Failure to comply may result in Service suspension and reports to authorities (e.g., KCC). Article 25 (Definitions for security incidents) - “Electronic intrusion” means attacking information systems through hacking, viruses, logic/mail bombs, denial-of-service, or high-power electromagnetic waves. - “Electronic intrusion incident” means a situation resulting from such an intrusion. - “Security threat” means causes/actions that damage information systems or security. - “Security vulnerability” means a weakness in information systems subject to security threats. Article 26 (Company duties for prevention/response) The Company provides customers with information on hacking, viruses, and new vulnerabilities via email or the website; may conduct regular/irregular vulnerability analyses of customer internal networks to improve safety; provides results and remediation guidance for customer security hardening; does not disclose or misuse customer information obtained during analysis. Article 27 (Customer duties for prevention/response) Customers must apply appropriate security measures to systems they manage; follow alerts and vulnerability guidance from the Company; must not use Company or third-party systems for: spreading malicious code; scanning others’ systems; unauthorized intrusions; generating massive traffic or disrupting services; other intrusions that could hinder normal Service. If signs of compromise or incidents occur, the Customer must immediately notify the Company’s incident contact.
Chapter 3-D. Fees and Billing (Articles 28-34)
Article 28 (General principles) Detailed Service fees and changes are posted on the website. If fees change during the usage period, they are posted and notified by email. Article 29 (Payment) Fees are payable by credit card only; bank transfer is allowed only when unavoidable. If the registered card cannot be charged and the contract is terminated, any resulting Service interruption is the Customer’s responsibility. Article 30 (Billing method) Prepayment is the basic principle. Article 31 (Late payment management) For overdue fees, the Company may entrust collection and delinquency reporting to credit information companies. Article 32 (Delay damages) If the Customer fails to pay by the due date, the Company may charge late fees equal to 3% of the overdue amount, calculated from the day after the due date and added to the overdue amount. Article 33 (Objections; over/under payment) The Customer must file objections to billed/paid amounts within 30 days of billing/payment; the Company responds within seven (7) days, or, if unable, sets a new period and informs the reason. Over/under payments are offset against new fees; if a refund is needed, credit card charges are canceled, or if cancellation is impossible due to time passed, the Company refunds to the Customer’s designated account after deducting a 5% payment processor fee. Article 34 (Charges for fee evasion) If a Customer evades fees by violating these Terms, the Company may charge twice the evaded amount.
Chapter 3-E. Liability, Claims, Disclaimers, Disputes (Articles 35-41)
Article 35 (Scope of damages) If the Customer cannot use the Service due to the Company’s clear fault, the Customer may claim damages. The Company will separately draft a Service Level Agreement (SLA) on the scope. Article 36 (Damage claims) Claims must be submitted in writing with reasons, amount, and basis within three (3) months of becoming aware of the cause (or within three months of the cause date). Claims filed after that expire. Article 37 (Claims against the Customer) If the Customer violates these Terms and causes damage, the Company may claim damages, following the procedure in Article 36. Article 38 (Disclaimers) The Company bears no liability when causes fall under Articles 13, 14, 19, or Article 21(4). The Company is not liable for data loss when: restoration is within backup cycles/scope stated on the product page; the product in use does not include backup. The Company is not liable for expected benefits, potential value, or losses from the Customer’s selection/use of Service data; not liable for transactions between customers or with third parties via the Service; not liable for free Services. Article 39 (Governing provisions) Matters not specified follow Korean laws and regulations, the Korea Hosting Domain Association’s “Standard Terms for Server Hosting and Colocation Services” and “Standard Terms for Web Hosting Services,” and generally accepted business practices. Article 40 (Dispute resolution) Legal disputes are filed with the court having jurisdiction over the Company’s headquarters. Article 41 (Manifestation of intent) The Company promises to observe these Terms and treats Service provision as its signature. The Customer promises to observe these Terms and indicates consent by clicking the agree button when subscribing.
Chapter 4. Service Level Agreement (Articles 42-44)
Article 42 (Purpose) This SLA clarifies the scope of compensation when service faults attributable to the Company cause Customer loss. If this SLA conflicts with the Terms of Service, this SLA prevails. Article 43 (Scope of damages) The Company guarantees 99.9% annual availability. If the Company’s clear fault fails to meet this availability, the Company compensates upon Customer claim. Availability = actual uptime / scheduled uptime. Outage time is measured from when the Customer reports (or when the Company knows or could know). A service outage means sustained inability to access Services directly or indirectly. Compensation = (average daily fee over the last three months ÷ 24 hours) × outage hours × 10 (minimum one hour). If a service outage causes data loss, for products with backup guarantees, compensation equals 100 times one day of Service fees. Data loss includes, for example, unrecoverable hardware failure. To claim, the Customer submits a written request stating the cause, amount, basis, and outage details. Article 44 (Exceptions) This SLA does not apply to: interruptions permitted under the Terms; causes outside the Company’s control; natural disasters, war, national emergencies; unintentional/non-negligent hardware/software failures; nationwide network failures by carriers; outages caused by Customer acts or poor management; outages caused by Customer/third-party equipment, software, or apps installed in the Service; outages caused by Customer staff/agents/suppliers using Customer accounts or equipment to access the Company network; outages caused by not following Company recommendations or policies; outages caused by inadequate security on Customer-managed systems; outages from exceeding usage limits or overuse; data loss not due to the Company’s clear fault, including when the Company restores using backups of up to one week for management purposes; planned maintenance (SW/HW upgrades); illegal intrusions despite appropriate security; losses from transactions between customers or with third parties; issues in free Services; other reasons similar to the above not caused by the Company.