Cafe24

Please Read these terms of service carefully, as they contain important information regarding your legal rights and remedies.

1. AGREEMENT
1. 1.1 This agreement sets forth the general terms and conditions of your use of this website (this “site”) owned and operated by Cafe24, Inc. ("Cafe24). The Services are provided subject to the following terms of service and any operating policies that cafe24 may establish (the ""Agreement""). Cafe24 may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. If you do not agree to be bound by these Terms of Service as last revised, do not use (or continue to use) this Site or the Services found at this Site.
2. 1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
3. 1.3 Cafe24 makes no representations and warranties that its network will be continuous or uninterrupted. In no event, Cafe24 shall be liable for Network Downtime.
  - a. periodic scheduled maintenance or repairs Cafe24 may undertake from time to time;
  - b. errors caused by You from custom scripting or coding;
  - c. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
  - d. causes beyond the control of Cafe24 or that are not reasonably foreseeable by Cafe24 ; and
  - e. outages related to the reliability of certain programming environments.
  - f. any actions or inactions of Customer or any third parties not affiliated with Cafe24, for example a DDOS attack on Customer's site or another customer's site hosted on the same server; or
  - g. Customer's equipment and/or third party equipment.
  Total Service Uptime shall be solely determined by Cafe24 and shall be calculated on a monthly basis.
2. RESTRICTIONS AND RESPONSIBILITIES
1. 2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services (""Software""); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2. 2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Cafe24's privacy policies as published below or otherwise furnished to Customer (the ""Policy"") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless Cafe24 against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Cafe24 has no obligation to monitor the content provided by Customer or Customer's use of the Services, Cafe24 may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3. 2.3 For every e-mail message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
4. 2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Cafe24. Cafe24 may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. Cafe24 will not provide information to companies Customer has not authorized, and Cafe24 will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
5. 2.5 If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your agreement to these Terms of Service, Cafe24 finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Cafe24 shall not be liable for any loss or damage resulting from Cafe24’s reliance on any instruction, notice, document or communication reasonably believed by Cafe24 to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Cafe24 reserves the right (but undertakes no duty) to require additional authentication from you."
3. ACCOUNT
1. 3.1 In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Cafe24 that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Cafe24 has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Cafe24 reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s). For security purposes, Cafe24 recommends that you change your password at least once every six (6) months for each Account you have with Cafe24. You must notify Cafe24 immediately of any breach of security or unauthorized use of your Account. Cafe24will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Cafe24 or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
4. TERMINATION
1. 4.1 Cafe24 may terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Service, or for otherwise violating these Terms of Service (as determined by Cafe24 in its sole and absolute discretion), at any time and without prior notice.
2. 4.2 Cafe24 may also terminate a User’s access to this Site or the Services found at this Site if Cafe24 has reason to believe the User is a repeat offender. If Cafe24 terminates your access to this Site or the Services found at this Site, Cafe24 may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers
3. 4.3 You may discontinue Your use of the Service at any time by sending an email message to support@cafe24.com. Cafe24 may terminate or suspend Your use of the Service at any time if You breach these Terms (including any failure to pay the applicable fees on time). Cafe24 reserves the right to terminate or refuse service to anyone for any reason at any time.
4. 4.4 Upon any discontinuation or termination of Your use of the Service, You will lose all access to the Service and Site and any Content and other data in connection thereto. Cafe24 reserves the right to (a) deactivate the Site at any time following the effective date of termination; and/or (b) permanently delete from its (or its third party service provider's) servers any Content and other data that may be contained in Your account at any time following a period of forty five (45) days from the effective date of termination. Cafe24 does not accept any liability for any deactivation of the Site or deleted Content or other data.
5. WARRANTY DISCLAIMER (DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
1. 5.1 IN NO EVENT SHALL CAFE24, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Cafe24 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. 5.2 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
3. 5.3 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CAFE24’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
4. 5.4 CAFE24 AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.
5. 5.5 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Cafe24, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
6. 5.6 THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
6. INDEMNITY (INDEMNITIFICATION)
1. 6.1 You agree to protect, defend, indemnify and hold harmless Cafe24 and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Cafe24directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Service or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this Site or the Services found at this Site.
7. CONTENT
1. 7.1 YOUR USE OF Cafe24 CONTENT AND USER CONTENT
  In addition to the general rules above, the provisions in this Section 7 apply specifically to your use of Cafe24 Content and User Content posted to Cafe24’s websites (i.e., those sites which Cafe24 directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
  
  Cafe24 Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Cafe24 Content”), are owned by or licensed to Cafe24 in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Cafe24 Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Cafe24. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Service. Cafe24 reserves all rights not expressly granted in and to the Cafe24 Content, this Site and the Services found at this Site, and these Terms of Service do not transfer ownership of any of these rights.
  
  User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Cafe24 that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
  
  Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Cafe24Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Cafe24 Content or the User Content therein.
2. 7.2 Cafe24'S USE OF USER CONTENT
  The provisions in this Section 7 apply specifically to Cafe24’s use of User Content posted to Cafe24’s websites (i.e., those sites which Cafe24 directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
  
  Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
  
  With Respect to User Submissions. You acknowledge and agree that:
  
  i. Your User Submissions are entirely voluntary.
  ii. Your User Submissions do not establish a confidential relationship or obligate Cafe24 to treat your User Submissions as confidential or secret.
  iii. Cafe24 has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  iv. Cafe24 may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
  
  Cafe24 shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
  
  With Respect to User Content (Other Than User Submissions).
  
  If you have a website hosted by Cafe24 or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
  
  However, if you post or publish your User Content to this Site, you authorize Cafe24 to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Service. Accordingly, you hereby grant Cafe24 a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Cafe24’s (and Cafe24’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Service. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Cafe24 may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Cafe24 shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Cafe24’s (or Cafe24’s affiliates’) business(es).
3. 7.3 Responsibility of Contributors.
  By making Content available, you represent and warrant that the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
4. 7.4 Cafe24’s Right
  Cafe24 generally does not pre-screen User Content (whether posted to a website hosted by Cafe24 or posted to this Site). However, Cafe24 reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Service.
  
  Cafe24 may remove any item of User Content (whether posted to a website hosted by Cafe24 or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Service, or for otherwise violating these Terms of Service (as determined by Cafe24 in its sole and absolute discretion), at any time and without prior notice.
  
  Cafe24 may also terminate a User’s access to this Site or the Services found at this Site if Cafe24 has reason to believe the User is a repeat offender. If Cafe24 terminates your access to this Site or the Services found at this Site, Cafe24 may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers
8. EXTENSION
1. In addition to the general rules above, the provisions in this Section 8 apply specifically to extensions (including source codes and API of modules or plug-ins) developed by Cafe24 development team according to its own development plan or customer’s request.
2. 8.1 Development Time Frame:
  - is calculated based on business days.
  - does not include holidays or weekends.
  - does not include time for estimate negotiation.
  - does not include time for customer's confirmation of the project result, request for modification, discussion about modification or progress of modification.
  - begins after all the materials are received by Cafe24.
  - may be extended by Cafe24, in its sole discretion, depending on features and complexity of the ordered extension or Cafe24's current development schedule.
  - cannot be changed in the customer's discretion.
3. 8.2 Cafe24 reserves the right to change the development time frame without the customer's consent at any time when it believes it is necessary.
4. 8.3 Limit of Liability
  Although the development time frame will be set by Cafe24 under the given circumstances, Cafe24 has no obligation to keep the defined schedule.
5. 8.4 Delay
  Keeping the defined development schedule depends on timely feedback from the customer. Any delays in providing feedback will result in adjustment to the schedule.
6. 8.5 Distribution
  Cafe24 reserves the right to release and distribute the extension developed by Cafe24 without the customer's consent at any time. The foregoing right includes changing the date of distribution in Cafe24’s sole discretion without the customer’s consent.
7. 8.6 Ownership, License
  The extensions developed by Cafe24 including source codes and API are owned by or licensed to Cafe24 in perpetuity and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Cafe24 reserves the right to modify, copy, distribute and sell all the extensions. The customer may not request to return all the materials that he/she sent to Cafe24 for the extension. Cafe24 has no obligation to return requested documents, image files or order sheets submitted by the customer or information entered by the customer.
8. 8.7 Approval for an extension ordered by a customer that is already planned in our development roadmap or believed to be malicious or have illegal objective to use may be refused by Cafe24, in its sole discretion.
9. LICENSE FOR DATABASE
1. MySQL database which Cafe24 offers by default is under GPL license for now. But in the future, when its regulation changes, Cafe24 may charge you the proper amount of the license fee or you will be suggested using a different free database by Cafe24. When a customer wants to change the database, it will take some time to migrate the existing database to the new one. In no event, Cafe24 shall be liable for such downtime caused by the database migration.
10. FEES, PAYMENT AND TERM OF SERVICE
1. You agree to pay all value added tax ("VAT"), sales and other taxes (other than taxes based on Cafe24 income) related to Cafe24 services or payments made by you hereunder. All payments of fees for Cafe24 services shall be made in U.S. dollars.
2. Although Cafe24 may display pricing in various currencies, transaction processing is supported only in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the currency of your bank or credit card account is not U.S. dollars, you may be charged exchange rate conversion fees by your bank or credit card company. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank or credit card, the conversion rates may fluctuate, and Cafe24 makes no representations or warranties that (a) the amount submitted to your bank or credit card for payment will be the same as the amount posted to your bank or credit card statement or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank or credit card statement, and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). You acknowledge and agree that you may be charged VAT (Value Added Tax), GST (Goods and Services Tax) or other localized fees and/or taxes, based on the country indicated in account holder address information associated with your account.
11. USE OF INFORMATION
1. 11.1 Publicly Available Information Any information, video, image, data, text, documents, or other content posted at your direction onto a public area of the Site becomes publicly published content and will be available to all users of that public area of the Site, even if such content contains Personal Information. Please note that if you publish your contact information, you may receive unsolicited messages from users and visitors to the Site. We encourage you to publish only information you are sure you want to be accessible to anyone.
2. 11.2 The Way We Use Personal Information If you submit Personal Information to us through the Site:
  - We will use your Personal Information to improve our services to you, to contact you and to identify and authenticate your access to the Site’s services that you are authorized to access.
  - We may transfer your Personal Information within Cafe24 or to Cafe24's third-party service providers, but only to provide services on the Site or to you. This information may be transferred to other countries around the world. We may also provide Personal Information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy.
  - We may also use your email address to send updates, a newsletter or news regarding our services. You may choose not to receive emails of this type by sending a single email with the subject "BLOCK" to support@cafe24.com. Please note that the email must come from the email account you wish to block.
  - We may disclose your Personal Information or any information you submitted via the Site and its services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms of Service including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, or (iv) protect against harm to the rights, property or safety of Cafe24, its users, yourself or the public.
3. 11.3. The Way We Use Anonymous Information
  We may use Anonymous Information (as defined below), or disclose it to third party service providers, to improve our services and enhance your experience with the Site and its services. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Site and services.
12. GENERAL RULES OF CONDUCT
1. "You acknowledge and agree that:
2. 12.1 Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Service and all applicable local, state, national and international laws, rules and regulations.
3. 12.2 You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
4. 12.3 You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
5. 12.4 You will not use this Site or the Services found at this Site in a manner (as determined by Cafe24 in its sole and absolute discretion) that:
  - Is illegal, or promotes or encourages illegal activity;
  - Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
  - Promotes, encourages or engages in child pornography or the exploitation of children;
  - The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Cafe24 is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
  - Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  - Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  - Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  - Infringes on the intellectual property rights of another User or any other person or entity;
  - Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  - Interferes with the operation of this Site or the Services found at this Site;
  - Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
  - "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
  - Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Cafe24 or Cafe24’s Services.
6. 12.5 You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Cafe24.
7. 12.6 You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
8. 12.7 You will not access Cafe24 Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Cafe24 may designate.
9. 12.8 For its own operational efficiencies and purposes, Cafe24 from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON CAFE24 SERVERS, AND under no circumstance will Cafe24 be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customer's FILES AND/or data on any Cafe24 server
10. 12.9 You will not use this Site or the Services found at this Site, including any of Cafe24’s related technologies, for any commercial use without Cafe24’s express prior written consent. Cafe24 reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
13. ADDTIONAL RESERVATION OF RIGHTS
1. 13.1 Cafe24 expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Cafe24 in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Cafe24 in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Cafe24, its officers, directors, employees and agents, as well as Cafe24’s affiliates.
2. 13.2 Cafe24 expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
14. TRADEMARK LICENSE GUIDELINES
1. 14.1 Cafe24 supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Cafe24’s Trademark and/or Copyright Infringement Policy referenced above and available here.
15. EXPORT OF SERVICES OR TECHNICAL DATA (U.S. EXPORT LAWS, EXPORT RESTRICTIONS)
1. 15.1 This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this Site or the Services found at this Site.
16. COMPLIANCE WITH LOCAL LAWS
1. 16.1 Cafe24 makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
17. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
1. 17.1 Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, these Terms of Service shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms of Service shall be brought in the state or federal courts of Los Angeles, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to) jurisdiction and venue in the state and federal courts of Los Angeles, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Service.
18. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
1. 18.1 The titles and headings of these Terms of Service are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms of Service shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Service to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Service shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
19. CONTACT INFORMATION If you have any questions about these Terms of Service, please contact us by email or regular mail at the following address:
- Cafe24 Legal Department
- Our postal address is:
- Equitable Plaza unit 1075
- 3435 Wilshire Blvd.
- Los Angeles, CA, 90010, U.S.A.
- legal@cafe24.com
- Revised: 9/1/2011
- Copyright © 2011 Cafe24.com, Inc. All Rights Reserved.

Terms of Service

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