1.1: This agreement is between Erdem Kaya (“Sunucu Merkezim”), providing the services specified in the services section (“Services”), and the individual or entity detailed in the new customer registration section (“customer”), regarding the use of the website operated at the internet addresses of http://www.sunucumerkezim.com - (.com.tr, .net, .org, .gen.tr) (referred to as the “site”), and the services purchased through this site, under the terms and conditions stated below and the general service usage conditions.
1.2: The parties declare, accept, and undertake the accuracy of the information written in this agreement.
2.1: This agreement regulates the sections that the customer is authorized to access and not access based on the information declared during registration, the fees the customer will pay to Sunucu Merkezim for the services selected according to their preferences in their orders, and the usage method of these services. These service and process descriptions are as follows:
2.2: Membership information is the information declared by the customer during membership registration. It is assumed that the customer/member has entered this information accurately, completely, and correctly, as it will be used as the basis for the transactions made.
3.1: SunucuMerkezim will provide the services ordered by the customer as requested. With the acceptance message of the order, SunucuMerkezim accepts that it has collected the relevant fee and undertakes to provide the service specified in the order.
3.2: The payment method and VAT differences will be indicated with the total amount calculated during the order process, and the amounts the customer must pay according to their monthly, quarterly, semi-annual, annual, or biannual payment preferences will be notified by Odeaweb.
3.3: After the acceptance of the order and approval of the processes, Odeaweb will send all the usernames and passwords related to the service specified in the customer's order, and the service will commence. The responsibility for access information related to these services will lie with the customer after it is delivered, and the customer will be liable for any damages or losses arising from such issues.
3.4: The customer undertakes to comply with all declarations and warnings given by SunucuMerkezim regarding the service they have received. The customer declares, accepts, and undertakes to comply with any warnings or notifications issued by SunucuMerkezim while using the services. The customer cannot distribute, sell the free and unlimited services they have received, whether paid or free, and/or limited or unlimited, to third parties. In addition to this agreement, the "general service terms" apply to the usage of the service.
3.5: The customer undertakes not to access files or programs they do not have the right to access by using the software and programs included in the service they have received, and not to cause any problems due to such an issue, and to compensate for any damages in case of any problems that may arise.
3.6: The customer accepts and undertakes to bear the taxes, fees, and similar obligations in force during the use of the service or that will come into force during the term of the agreement.
3.7: The customer accepts and undertakes to be responsible for all files, documents, and programs hosted within the service, all transactions they will use and benefit from with the website and e-mail services, and to bear all legal and criminal liability arising from the illegality of the said data, information, and declarations. SunucuMerkezim cannot be held liable for any issues that may arise from this matter. SunucuMerkezim does not review, verify, endorse, or take any responsibility for the pages created by the user before they are sent. SunucuMerkezim may terminate user accounts for violating these main rules or for any other reason or if it believes it is harmful to its own or any of its users' business. SunucuMerkezim has the right to delete illegal actions and activities without notifying the customer upon learning of them.
3.8: SunucuMerkezim cannot be held responsible for the content of the customer data within the service it provides, the malicious or incorrect use of this content, and the material or moral damages that may arise from the sent and received e-mail data. The responsibility for the backup and storage of all data lies with the customer. SunucuMerkezim cannot be held responsible for errors, material or moral damages that may occur due to interruptions or data loss that may occur in its services.
3.9: SunucuMerkezim will take necessary care and attention to keep regular backups of the customer's data, but it cannot be held responsible for any data loss the customer may suffer due to any issues in this regard. The customer is obliged to regularly back up their data.
3.10: SunucuMerkezim specifies the special terms of use for the products and services it provides on the web page specially prepared for the product and service. The customer is deemed to have accepted these conditions when purchasing any of these services.
3.11: SunucuMerkezim may change the features and prices of the products and services it provides over time.
3.12: The customer is obliged to use the services they have received in a way that does not harm other users. If such uses are detected, SunucuMerkezim may warn the customer to correct it or temporarily suspend the service without informing the customer.
3.13: The customer continues to use the service, accepting that all resources specified as Unlimited are unlimited, provided that they are used in good faith and in accordance with the general usage terms. In case of excessive use of server resources or use of resources outside their intended purpose, SunucuMerkezim may warn the customer to correct it or temporarily suspend the service without informing the customer. These improper uses are specified in the "general service terms."
3.14: SunucuMerkezim will handle the domain name registration processes ordered by the customer and paid for without any issues. The customer is the owner of the domain name registered and ordered and paid for. SunucuMerkezim will be able to carry out transactions on the domain name in line with the customer's requests. The customer will make any requests for editing, changing, and transferring the domain name via the control panel as soon as possible.
3.15: Domain name registration, renewal, or editing processes are carried out via third-party software or manual processes. In case of any errors resulting from such processes, if the user notices the error or is warned by the main registrar, the customer is obliged to share these notifications with SunucuMerkezim. Otherwise, SunucuMerkezim is not responsible for any disruptions, damages, or losses that may occur.
3.16: In domain name registration services, the responsibility for changing and verifying the Whois information, the responsibility for the domain name registration password, and the responsibility for the transfer lock lie with the customer.
3.17: SunucuMerkezim reserves the right to change the conditions and prices of domain name registration and transfer services without prior notice. These regulations may affect the renewal prices of existing registered domain names in the next renewal period. If the customer does not wish to renew or wishes to renew through another company, they have the right to act within the rules set by Icann and Trabis.
3.18: SunucuMerkezim suspends domain names for customers who do not renew their domain names on time. This suspension period varies depending on the time determined by the domain name producer. During this period, the customer who purchases the domain name can renew it by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed during this period, it will fall into the REDEMPTION PERIOD. In this process, the former customer who wants to reclaim the domain name can do so by paying a penalty fee, which varies depending on the value of the domain name extension, but is an average of 95 + 18% VAT US Dollars. After the redemption period, the process passes to the discretion of the main registrar, and after this process, it is no longer possible to reclaim the domain name through SunucuMerkezim.
3.19: Domain name services are not a product sold but a service form where the right to use is obtained as long as the fee is paid. Therefore, if the fee is not paid within the expiration periods of the domain name, this right may pass to another person.
3.20: The customer accepts, declares, and undertakes that if bulk e-mail sending (spamming), phishing fraud, attacks on internal or external networks, and similar illegal or actions negatively affecting Odeaweb’s database are carried out through the server allocated to them, the services provided by SunucuMerkezim will be deactivated without the need for further warning, and they will not be refunded the fees paid up to that date and may be subject to a penalty fee equal to at least the contract amount. The customer is obliged to comply with Turkish laws, the regulatory actions of the BTK (Information and Communication Technologies Authority), and the rules established and to be established by SunucuMerkezim under this responsibility.
4.1: This agreement becomes effective upon the submission of the order and payment transactions to SunucuMerkezim via the Internet, and the rights and obligations of the parties begin.
4.2: The contract period is as long as the payment period chosen by the customer during the order process for the relevant service.
4.3: If the parties have not notified each other that the contract will end at the end of the term at least 10 business days before the end of the contract period, the contract will be extended under the same terms and conditions for the same period as the previous contract period (changes in fees are reserved).
5.1: The fee to be paid for the services specified in this agreement is the amount specified during the order process. The specified fees do not include VAT.
5.2: SunucuMerkezim reserves the right to make changes to prices and tariffs for the future without prior notice. The customer declares, accepts, and undertakes in advance to accept any changes that may occur. The factors causing the change are inflation and exchange rates.
5.3: SunucuMerkezim does not apply interest in case of late payment but reserves the right to do so.
5.4: SunucuMerkezim reserves the right to close and open the relevant service until the customer completes the payment transaction.
5.5: No refunds are made for domain name registration transactions as stated during the order process.
6.1: SunucuMerkezim reserves the right to suspend all services provided to the customer in case of any payment issue.
6.2: Sending bulk mail from servers is strictly prohibited. If advertising mail sent as SPAM is detected, the process will be stopped, and the service will be temporarily suspended.
6.3: The security of all software on the server belongs to our customers. Our company is not responsible for any issues that may arise from permissions such as read and write permissions or related to your software.
6.4: All other terms of use are detailed in the "general service terms" agreement.
If the customer fails to fulfill their responsibilities and commitments by acting contrary to any provision of this agreement, if it is determined that the information declared during registration is not correct, or if the suspension of the agreement continues for more than 7 days, SunucuMerkezim has the right to terminate the agreement unilaterally without any notice or warning.
After such termination, the customer declares, accepts, and undertakes that they cannot request a refund of the last contract fee paid, regardless of the remaining period, and to pay a commercial penalty compensation of 5 times the equivalent contract fee in effect on the termination date. The customer has the right to terminate this agreement at the end of its term by giving written notice at least 10 days before the normal expiration date of the agreement without giving any reason or by sending a service cancellation request from the customer control panel. If the customer terminates the contract before the expiration of the contract period, they declare, accept, and undertake to pay half of the fees to be paid until the end of the contract term as a lump sum and in advance.
8.1: The parties declare, accept, and undertake that the postal addresses specified in the order address for any notifications arising from this contract are legal residence addresses. Changes to these addresses will only be valid if notified in writing to us.
8.2: During the contract period, SunucuMerkezim may send messages, information, writings, warnings, payment notifications, account movement statements, and account statements to the e-mail address declared by the customer during registration. The customer declares, accepts, and undertakes that they cannot claim that they did not receive or access the said electronic communications and that such communications will be deemed to have been legally served one day after the date they were sent.
9.1: If the customer does not make the payment within 7 days following the application date, they will be considered in default. In this case, SunucuMerkezim does not apply interest but may demand a delay interest of 15% per month from the invoice date if they wish. The customer declares and accepts to pay this delay interest.
9.2: If SunucuMerkezim files a lawsuit or initiates enforcement proceedings for any claim arising from this agreement, the customer declares, accepts, and undertakes to pay a delay interest of 15% per month, a penalty clause equal to 50% of the remaining debt amount, 10% attorney fee, and all other legal costs.
9.3: If SunucuMerkezim applies to legal authorities for Precautionary Seizure and Injunction to collect the claims arising from this agreement, the customer declares, accepts, and undertakes that SunucuMerkezim has the authority to obtain a Precautionary Seizure and Injunction decision without security, and they will pay all commissions and fees arising from bank guarantee letters and will not object to these issues.
9.4: If the customer does not make the payment within 5 (five) days despite warnings, SunucuMerkezim reserves the right to suspend the service. SunucuMerkezim cannot be held responsible for unpaid, canceled, or deleted services.
9.5: In addition, in physical and virtual server rental services, if the service renewal fees are not paid within 2 (two) calendar days following the service expiration date and/or collections are not realized, the relevant services will be paused. If the service renewal fees are not paid and/or collections are not realized within 10 (ten) days following the service expiration date, all data related to the relevant service will be deleted for security reasons, and the service will be automatically terminated and canceled. SunucuMerkezim is not responsible for any data loss in canceled services.
The following activities are strictly prohibited from being carried out using the SERVICE PROVIDER's services. Although the SERVICE PROVIDER is not responsible for monitoring the content, it reserves the right to suspend, restrict, or completely terminate the services of users in case of detection of these activities.
10.1: Prohibited activities include but are not limited to any actions and behaviors that are considered a crime under the law.
a. Spam Sending: Spam is the sending of unsolicited bulk and/or commercial messages via the Internet. Spam sending damages the commercial reputation and reliability of the SERVICE PROVIDER and may cause its systems to be overloaded and the quality of the services provided to customers to decrease. Those who receive the related services from the SERVICE PROVIDER cannot send spam, cannot run their systems in an unprotected manner and open to the use of third parties that would facilitate spam sending.
b. Crimes Against Intellectual and Industrial Property Rights, Privacy, and Personal Rights: This includes behaviors that may be considered crimes against the intellectual and industrial property rights of individuals or institutions under the "Law on Intellectual and Artistic Works," "Trademark Law," "Turkish Commercial Law," "Law on the Protection of Patent Rights," and other relevant legislation, as well as crimes against privacy and personal rights.
c. Phishing Attacks: Phishing is the act of deceiving users through fake websites and electronic mail to obtain personal information such as user identity information, credit card information, bank account numbers, and the Internet password associated with these accounts.
d. Illegal or Unauthorized Access to Other Computers and Networks: Attempts to access other people's computers, user accounts, or networks without permission or illegally (hacking) and other activities that allow illegal or unauthorized access to systems (port scan, stealth scan, etc.).
e. Activities Related to the Transmission of Harmful Data Such as Viruses, Worms, Trojans: Internet viruses, Trojan horse transmission, or activities that may cause disruption to other users' use of the SERVICE PROVIDER's network or any connected network, system, service, or device, such as pinging, flooding, mailbombing.
f. Excessive Resource Usage on Shared Servers: Under hosting services, the SERVICE PROVIDER provides services over shared hardware platforms. If a website hosted under this service creates excessive traffic or uses excessive resources, if a large number of e-mails are sent or received from the e-mail addresses used under the e-mail hosting service, or if the virtual server used under the shared hosting service uses excessive processor resources or creates excessive traffic, the SERVICE PROVIDER reserves the right to suspend the service for a short or indefinite period without prior notice to prevent the services of other customers who receive services over the same hardware platform from being adversely affected.
11.1: Any changes to this agreement, which the customer approved during their online application, will be published on the website and/or notified to the customer via e-mail over time. The customer will be deemed to have accepted the changed terms of the agreement by continuing to use the services of SunucuMerkezim.
11.2: The customer may terminate the agreement at any time until the renewal date of the service specified on the site by notifying the customer control panel or submitting a cancellation request via the customer control panel.
11.3: The agreement may be terminated unilaterally by SunucuMerkezim without any notification in the following cases:
a. The customer transferring the services they are receiving or the rights granted to them under this agreement wholly or partially without SunucuMerkezim’s written consent.
b. A bankruptcy decision is made against the customer or their payments are suspended.
c. The customer fails to pay the fees for the services provided by SunucuMerkezim as stipulated in article 9.1.
d. If the customer violates the terms specified in this agreement or the "general service terms," SunucuMerkezim may terminate the services provided to the customer without prior notice and/or terminate the agreement. In this case, the fees previously paid by the customer will not be refunded.
12.1: This agreement consists of 11 main articles and subheadings, and it has been read and understood by the parties and signed. (Signing is deemed to have occurred upon the submission of the order from the site to SunucuMerkezim.) SunucuMerkezim may add, remove, or amend new articles and/or subheadings as it deems necessary. SunucuMerkezim will notify customers of these changes via e-mail, and the customer declares and undertakes that they have accepted these changes in advance.
12.2: The courts and enforcement offices of Kayseri are authorized to resolve any disputes arising during the implementation of this agreement.
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