Bothnic

Internet Services Agreement

We welcome you to become a member of our Company. Bothnic Member Services (hereinafter referred to as member services) is constructed and provided by Bothnic Information Co., Ltd (hereinafter referred to as the Company). The purpose of setting this responsibility agreement is to safeguard the interests of member service provider and all users (hereinafter referred to as members). After the members have completed the registration procedure or have started to use the member services, they are deemed acquaint with and fully agree to the terms in this responsibility agreement. You can only register for the member services after you have completed the membership information setup:

Regards,

Terms 1: Member services

  1. After the Company has completed and confirmed the membership application, the Company will provide the members a “general” member services. The service contents include: transmitting of image files or other general member services that may be added in the future.
  2. The member services are provided in accordance with the functions and status at the time of services. The Company reserves the rights to add, revise or cancel all or part of the member service-related systems or functions.
  3. The member services period refers to when the members have completed filling up the application information and the registration formalities and the Company has completed the relevant system setting to enable members to attain an application period. If a member purchases or uses the payment service, the member must provide timely information as required in the purchasing process and the member should guarantee that all the information provided are correct and are updated information. Should there be any change later on in the member’s information, the member should update the retained information promptly.
  4. All the relevant domain name, website address, functions and other rights and interests that the members enjoy because of their memberships belong to the Company or the legitimate rights of the people. The members can only use them as specified in the terms of this responsibility agreement within the service period and cannot, by any means, to transfer, lease or loan their membership rights and interests to the third party.

Terms 2: Account, password and security

  1. Prior to using the member services, the members must register according to the registration process set by the Company. During registration, members must fill in complete and correct information. Should there be any problem caused by data errors or non-updated data, the members should bear full responsibility.
  2. The members have the obligations to keep the membership name and password they received properly and confidentiality. Should a member discover or suspect that his/her membership name and password has been used fraudulently or misused by others, the member should notify the Company immediately to ease the Company in taking proper countermeasures as soon as possible, but the Company has no responsibility and obligation to give any damage compensation to the member.
  3. Due to a necessity to maintain a safety operation of the platform, the Company has the rights to keep the members’ application records within a six-month period.

Terms 3: Data space and storage

  1. Except for members who applied for the additional paid VIP member services, the Company reserves the rights to add or revise the size of the storage space.
  2. The Company will regularly back up the members’ stored data, but the Company will not responsible for any deleted data or backup failure.
  3. This system will not bear any guarantee responsibility for normal display and the accuracy of uploaded data transmission by the members. Should the members discover any error in the system or other conditions that would affect their rights and interests, please notify the Company immediately.

Terms 4: Privacy of member information

  1. The Company will follow the privacy-related laws and regulations to protect the privacy of all members, regardless whether on the application of account, personal information, e-mail contents or data stored in the website. Except for possible violation, illegal infringement or violation of the terms in this responsibility agreement or it has been agreed upon by the members, the Company cannot monitor, add, delete, revise, close or disclose personal information to the third party.
  2. For some member services that belonging to the Company’s cooperated vendor or joint partnership, if the members do not wish to reveal their personal information to these cooperated vendor or joint partnership, they may choose not to use this particular service unless the members have started to use this special service and the Company has explicitly informed the members before collecting or transmitting the data.
  3. The members are able to select transmitting or storing the files in encrypted or non-encrypted form. If the members select transmitting or storing the files in encrypted form and as the Company is unable to monitor or screen the encrypted files, should the members involve in illegal acts, they should bear full responsibility. The Company will not responsible for any civil and criminal act, and the members cannot request for any compensation afterwards.
  4. Under the following circumstances, the Company is allowed to check or provide personal or relevant telecommunication data to the competent authorities, or offer appropriate proof to the third party of whom his/her rights has been infringed:
    (1) Order to do so due to legal requirement or request from judicial authority or other competent authorities.
    (2) A need to execute the terms of this responsibility agreement.
    (3) To protect the legal rights and interests of other members or the third party.
    (4) To maintain normal operation and security of the member services system.
    (5) Other important matters sufficient to affect the Company’s operation or goodwill.

Terms 5: Advertisement of member services

  1. The responsibilities for all the advertisement information appear on member services are borne by individual advertisers or sponsors. The Company has nothing to do with them and will not bear any responsibility.

Terms 6: The behavior of members

  1. Any commercial act without the Company’s authorization is prohibited, unless it is agreed upon by the Company or the terms in this responsibility agreement.
  2. The members must obey relevant legal regulations and guarantee not to engage in the following acts:
    (1) Transmitting any mail violating the related laws on exporting of Republic of China technical information.
    (2) Publishing, transmitting, sending or storing any file or information related to defamation, fraud, injury, obscene, pornographic, gambling or any other lawbreaking violations.
    (3) Publishing, transmitting, sending or storing any information that would violate other people’s intellectual property rights.
    (4) Damaging or interfering the system operation of member services or violating the general acts of Internet regulations.
    (5) Unauthorized entering of member services system, fraudulent using of other people’s account or forging other people’s information.
    (6) Publishing, transmitting, sending or storing viruses, or other information programs or messages that would sufficient to destroy or interfere with the computer system.
    (7) Unauthorized excerpting or using any database content of member services in whole or in part
    (8) Any act of stealing the membership account, passport, or the access authority of member services.
    (9) Transmitting of lucky chain letters, junk mails, spam mails or other aimless mails.
    (10) Any act of obstructing or interfering the using of member services of other members.
    (11) Other acts not complying with the application purposes provided by member services.
  3. Should any ownership rights or other legitimacy disputes happen on any of the texts, images, pictures, other writings or information, the Company has the rights to stop providing or delete them directly without notice, or will notify the members to stop using them.
  4. Should the Company discover the information provided by the members belong to any pornographic, abusive, defamatory or illegal text and image, the Company will delete them immediately and remove the account without notice.

Terms 7: Protection of children and youngsters

  1. Due to massive amounts of information on network, there are inevitable existences of information not suitable for children, such as violence, sex, crime or other information. To protect the children against inappropriate information, apart from setting up prosecution channel to remove them, the member’s parents or guardians must fulfill the following obligations:
    1. Avoiding children and youngsters to get in touch with uploaded contents containing violent, pornographic, crime-encouraging or other information done by other users
    2. Accompanying children or youngsters as much as you can to browse or access the information on websites.

Terms 8: Software or information downloading

  1. The Company bears no responsibility on the websites you use or the software or information you downloaded from other websites linked up by our website. Prior to downloading, you should consider carefully or judge the appropriateness, effectiveness, correctness, completeness and whether it would violate other people’s rights to avoid losses (such as causing damages to your computer systems, or loss of stored data, etc.). The Company will not compensate any of these damages.

Terms 9: Ownership of intellectual rights

  1. The copyrights or intellectual property rights of various types of texts, image files, pictures and other writings or data in member services belong to the legitimate rights of the people, and have been authorized by the legitimate rights of the people to the members to use them in accordance with the setup authorization conditions and scope then. They are limited to use by the individual members only. Without prior authorization, members are not allowed to sell, transfer, lease, loan, sublicense, bundled with books or any other form of commercial uses. They are also not allowed to upload to any other websites or provide them for the third party by other means. Should they violate and damage the rights of the third party, they should bear full responsibility for any damage and has nothing to do with the Company.
  2. In additional to the members’ personal page space, all the relevant property rights and advertising page’s operation rights of member services provided by the Company are not limited to the advertisement and messages that appear on the top page as well as other locations or manners where the Company deems appropriate. There is no doubt that the property rights are owned by the Company
  3. If the members have no legal rights, they can authorize others to use, revise, reproduce, publicly broadcast, convert, distribute, issue or publicly release a certain data, and sublicense the aforesaid rights to the third party. Please do not upload, transmit, input or provide such information to the Company directly without authorization. Any information that is being uploaded, transmitted, input or provided by the members to the Company, its rights is still belonging to the members or members of the authorized person. However, once such information has been uploaded, transmitted, input or provided by the members to the Company, it means that the members have already agreed to authorize the Company for the purposes of public interests, propagation, promotion or managing the Company and the services. These include to use, revise, reproduce, publicly broadcast, convert, distribute, issue, publicly release, publicly transmit, publicly show, and translate such information, and able to sublicense the aforesaid rights within this scope to others. The members must guarantee that when the Company uses, revises, reproduces, publicly broadcasts, converts, distributes, issues, publicly releases, publicly transmits, publicly shows, translates and sublicenses such information, they will not infringe any intellectual property rights of the third party. Otherwise, the members should bear full responsibility to compensate the Company.

Terms 10: Suspension or interruption of services

  1. Under the following circumstances, the Company shall suspense or stop all or part of our services, and will not bear any responsibility for any damage caused to the members:
    (1) The members have violated any of the government laws or the terms in the agreement.
    (2) Relocating, replacing, upgrading, maintenance or repairing this service-related software and hardware equipment.
    (3) Natural disaster or other force majeure factors causing the service to stop or interrupt.
    (4) Other inscrutable reasons causing the service to stop or interrupt.
  2. For suspension or interruption caused by “routine” maintenance or changes of member services or systems, the Company shall notify the members by e-mail, announce or other appropriate methods of the suspension or interruption.

Terms 11: Liability limitation

  1. For the upload images, texts or other information done by the members, the members should make their own decision whether they can be uploaded to the member services openly. The Company shall make every effort to safeguard the security of members’ data, but cannot guarantee the reliability or correctness of the transmission process of any file or data, and also cannot guarantee the security, reliability, completeness, correctness and non-interruption of the files or data stores.

Terms 12: Termination of services

  1. To facilitate the actual operation of the Company, the member services may stop providing services in whole or in part, the members cannot request for any indemnity or compensation from the Company.
  2. Should the members violate the terms of this responsibility agreement, the Company reserves the rights to suspense the member services or stop the member services at any time, the members cannot request the Company to bear any indemnity or compensation.
  3. Should there be any violation on laws, the terms of this responsibility agreement or the rights of the third party on publication, transmission, sending or storing of files or information on the member services by the members, the Company reserves the rights to remove, delete or stop the member services at any time without notice. Should the Company be subjected to any damages because of this, the members should bear the damage compensation.
  4. The member services system will auto-detect unused account. If a member has not used his/her accounts for six months, the system will delete all the files, data and user setup files in the member account automatically with no backup, and suspense the member account.

Terms 13: Governing Laws and jurisdiction

  1. The explanation, supplementary and applications of the terms of this agreement are based according to Republic of China governing laws.
  2. In the event of lawsuit caused by the terms of this agreement, the Taiwan Changhua District Court is agreed upon as the first instance court of competent jurisdiction.