1- Parties
1.1: This agreement is entered into between ErkmenHost Ltd. ("ErkmenHost") providing the services specified in the services section (referred to as "Services") and the individual/entity ("customer") specified in the new customer registration section, along with the details provided, for the use of the website located at https://www.ErkmenHost.com.tr - (.com) (referred to as the "site") operated by ErkmenHost and for the purchase of services through this site, subject to the terms and conditions, general usage terms, and the signatures.
1.2: The parties declare, accept, and undertake that the information stated in this agreement is accurate.
2- Subject
2.1: This agreement regulates the use of the site and the provision of services to the customer based on the information provided by the customer during site operations, orders, and message submissions, and the customer's permissions and preferences for the services to be received from ErkmenHost, along with the payment of the corresponding fees. The service and transaction descriptions are as follows:
2.2: Membership information refers to the details provided by the customer during the registration process. It is assumed that these details are entered by the customer/member accurately and correctly as they will be relied upon for transactions.
3- Responsibilities and Customer Obligations
3.1: ErkmenHost will provide the services requested by the customer as an order. By accepting the order, ErkmenHost acknowledges the receipt of the relevant fee and undertakes to provide the specified service.
3.2: The payment method and VAT differences, along with the total amount to be paid, will be communicated by ErkmenHost, allowing the customer to choose between monthly, quarterly, semi-annual, annual, or biennial payment options.
3.3: After the acceptance of the order and confirmation of the transactions, ErkmenHost will provide the customer with all the usernames and passwords associated with the service specified in the order, and the service will commence. The responsibility for the access information lies with the customer after its transmission, and the customer will be liable for any damages or losses arising from these matters.
3.4: The customer agrees to comply with the statements and instructions provided by ErkmenHost regarding the services obtained. The customer acknowledges and undertakes to comply with all kinds of warnings or notices published by ErkmenHost. The customer cannot distribute or sell the free and unlimited services provided, whether paid or free, limited or unlimited, to third parties. In addition to this agreement, the "general service terms" govern the use of the services.
3.5: The customer undertakes not to access files or programs for which they do not have authorized access rights during the use of the service and to refrain from causing any problems in this regard. The customer will be responsible for any issues or problems that may arise, and agrees to cover any resulting damages.
3.6: The customer acknowledges and undertakes that they are responsible for any taxes, fees, and similar obligations applicable to the services received and will fulfill such obligations during the term of the contract.
3.7: The customer assumes full responsibility for all files, documents, and programs hosted within the service, as well as all transactions related to website and email services. The customer agrees to bear all legal and criminal liabilities arising from the illegality of the data, information, and statements, and cannot hold ErkmenHost accountable for any problems in this regard. ErkmenHost does not review, verify, endorse, or assume any responsibility for pages submitted by users before they are published3.8: ErkmenHost cannot be held responsible for any material or moral damages arising from the content of customer data within the services provided, as well as from the erroneous or malicious use of such content, and from the transmission and receipt of email data. The customer is solely responsible for backing up and storing all data. In the event of interruptions or data loss that may occur in ErkmenHost's services, ErkmenHost cannot be held liable for any errors, material or moral damages.
3.9: ErkmenHost will exercise the necessary care and importance to ensure regular maintenance of customer backups, but it cannot be held responsible for any problems that may arise in this regard. The customer is responsible for regularly backing up their own data.
3.10: ErkmenHost specifies the special terms of use for the products and services provided on a dedicated web page. By purchasing any of these services, the customer is deemed to have accepted the terms specific to that service.
3.11: ErkmenHost may make changes to the features and prices of the products and services it provides. Services such as domain registration, renewal, and transfer, server licenses (cPanel, DirectAdmin, LiteSpeed, CloudLinux, etc.), and SSL certificates are directly affected by exchange rates. Therefore, ErkmenHost may adjust the prices of these services according to the exchange rate and reflect any cost differences resulting from exchange rate fluctuations in the renewal invoices.
3.12: The customer is obligated to use the services in a manner that does not harm other users. ErkmenHost may warn the customer and request corrective action or temporarily suspend the service without prior notice.
3.13: By using the services, the customer acknowledges that all resources designated as "unlimited" will remain unlimited as long as they are used in good faith and in accordance with the general usage terms. In the event of excessive resource usage or usage of resources for purposes other than their intended use, ErkmenHost may warn the customer and request corrective action or temporarily suspend the service without prior notice. Other non-compliant uses are specified in the "general service terms".
3.14: ErkmenHost will handle domain registration processes for which the customer has placed an order and made the payment without issues. The customer becomes the owner of the registered domain that is ordered and paid for. ErkmenHost may perform operations on the domain according to the customer's requests. The customer is responsible for making any necessary modifications, changes, or transfer requests related to the domain through the control panel as soon as possible.
3.15: Domain registration, renewal, or modification processes are performed through third-party software or manual operations. In case of errors resulting from such processes, the customer is obliged to inform ErkmenHost of the error upon noticing it or receiving a notification from the main registrar. Otherwise, ErkmenHost cannot be held responsible for any disruptions, damages, or losses.
3.16: The customer is responsible for changing and ensuring the accuracy of the WHOIS information, the domain registration password, and the transfer lock for domain name services.
3.17: ErkmenHost reserves the right to change the verification requirements and prices for domain name registration and transfer services without prior notice. These adjustments may affect the renewal prices of existing registered domains. If the customer does not wish to renew or wants to transfer the domain through another company, they have the right to do so within the framework of the rules set by ICANN and Trabis.
3.18: For customers who fail to renew their domain names in a timely manner, ErkmenHost suspends the domain names as of the expiration date. The suspension period varies depending on the duration set by the domain name's registrar. During this period, the customer who purchased 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 falls into the "Redemption Period." To reclaim the domain name after this period, the former customer must pay a redemption fee, which varies depending on the value of the domain extension, typically around 95 USD plus 18% VAT. After the redemption period, if the domain name is not acquired, the process becomes subject to the discretion of the main registrar, and it becomes impossible to retrieve the domain name through ErkmenHost.
3.19: Domain name services are not a product but a form of service that grants the right to use for the duration in which the fee is paid. Therefore, if the fee is not paid within the domain name's expiration period, this right can pass to another person.
3.20: The customer is responsible for using their assigned server for bulk email sending (spamming) in amanner that does not harm other users, engaging in fraudulent activities such as phishing, conducting attacks on internal or external networks, and any other illegal activities or activities that adversely affect ErkmenHost's databases. In such cases, ErkmenHost reserves the right to suspend the services without prior notice, and the customer acknowledges that the fees paid up to that date will not be refunded, and they may be subject to a penalty equal to at least the contractual amount.
3.21: Prohibited Content in Hosting, Reseller Hosting, and Virtual Servers:
a) Prohibited content in Hosting and Reseller Hosting includes:
b) Prohibited content in virtual and physical servers includes:
4- Duration
4.1: This agreement shall come into effect upon the submission of the order and payment transactions to ErkmenHost through the Internet, and the rights and obligations of the parties as stated herein shall commence.
4.2: The term of the agreement shall be equal to the payment period selected by the customer during the order process for the relevant service.
4.3: Unless the parties notify each other at least 10 business days prior to the expiration of the agreement that the agreement will terminate at the end of the term, the agreement shall automatically extend for the same duration as the previous term, under the same terms and conditions. (Changes in fees are reserved.)
5- Fee
5.1: The fee to be paid for the services specified in this agreement is as indicated during the order process. The specified fees do not include VAT.
5.2: ErkmenHost reserves the right to make changes to prices and tariffs without prior notice. The customer acknowledges and agrees to any future changes in these terms. The factors that may contribute to such changes include inflation and exchange rates.
5.3: In case of payment delay, ErkmenHost does not apply interest charges but reserves the right to do so.
5.4: ErkmenHost reserves the right to suspend or reactivate the relevant service until the customer completes the payment process.
5.5: Refunds are not provided for domain registration processes as indicated during the order.
6- Suspension
6.1: In case of payment-related issues, ErkmenHost reserves the right to suspend all services provided to the customer.
6.2: Bulk email sending from the servers is strictly prohibited. If any advertising emails, commonly known as SPAM, are detected, the service will be immediately suspended temporarily.
6.3: The security of all software on the servers is the responsibility of our customers. We are not liable for any issues arising from permissions such as read and write access or any software-related matters.
6.4: All other terms of use are detailed in the "general service terms" agreement.
7- Termination
If the customer violates any provision of this agreement, fails to fulfill their responsibilities and commitments, or if it is determined that the information provided during registration is not accurate, and if the suspension mentioned above continues for more than 7 days, ErkmenHost has the right to unilaterally terminate the agreement without any notice or warning.
After such termination, the customer acknowledges that they cannot request a refund of the last contract fee paid, regardless of the remaining period, and agrees to pay a commercial penalty equal to 5 times the current contract fee as of the termination date.
The customer has the right to terminate this agreement at the end of the term without providing any reasons, by giving written notice at least 10 days before the normal termination date or by submitting a service cancellation request through the customer control panel.
In the event of termination by the customer before the end of the contract term, the customer declares, acknowledges, and undertakes to pay half of the fees that would be payable until the end of the contract in a lump sum and in advance.
8- Communication and Information Addresses
8.1: The parties declare and undertake that the postal addresses specified in the order form shall be accepted as their legal residences for all kinds of notifications related to this agreement. Unless changes to these addresses are communicated to us in writing, the previous addresses will be considered valid.
8.2: ErkmenHost may send messages, information, notices, payment notifications, account activity statements, and account statements to the email address provided by the customer during registration. The customer acknowledges that they cannot claim non-receipt or non-delivery of such electronic communications, and that these communications will be legally deemed as served one day after the date of sending.
9- Default in Payment
9.1: If the customer fails to make the payment within 7 days following the application date for the services received, they will be considered in default. In this case, ErkmenHost does not apply interest charges, but reserves the right to request a late payment interest of 15% per month from the invoice date. The customer agrees to pay this late payment interest.
9.2: In the event that ErkmenHost initiates legal proceedings or execution for the collection of any outstanding receivables arising from this agreement, the customer declares, acknowledges, and undertakes to pay a late payment interest of 15% per month, a penal clause equivalent to 50% of the remaining debt amount, 10% as attorney's fees, and all other legal expenses.
9.3: If the customer applies for interim attachment and interim injunction for the collection of their receivables arising from this agreement, ErkmenHost has the authority to issue attachment and injunction decisions without requiring collateral. However, if courts demand collateral, the customer declares, acknowledges, and undertakes to pay the commissions and all fees arising from obtaining collateral letters from banks, and that they will not raise any objections regarding these matters.
9.4: If the customer does not make the payment within 5 (five) days after being notified, ErkmenHost reserves the right to suspend the service. ErkmenHost cannot be held responsible for unpaid, canceled, or deleted services.
9.5: In addition, for physical and virtual server rental services, if the payment for renewal fees is not made and/or the collection cannot be made within 2 (two) calendar days following the end date of the service, the relevant services will be paused. If the payment for renewal fees is not made and/or the collection cannot be made within 10 (ten) days following the end date of the service, all data related to the service will be securely deleted, and the service will be automatically closed and canceled. ErkmenHost cannot be held responsible for data loss in canceled services.
10- Validity of the Agreement and Termination for Breach
10.1: Changes that may occur over time in this agreement, which the customer confirmed during the online application process, will be published on the website and/or notified to the customer via email. By continuing to use ErkmenHost's services, the customer will be deemed to have accepted the modified terms of the agreement.
10.2: The customer may terminate the agreement at any time before the renewal date specified on the service's website by giving notice or by submitting a cancellation request through the customer control panel.
10.3: The agreement may be unilaterally terminated by ErkmenHost without notice in the following cases:
a. The customer fully or partially transfers the services or rights granted by this agreement without obtaining written consent from ErkmenHost.
b. A bankruptcy decision is issued against the customer or their payments are suspended.
c. The customer defaults on the payment of fees for the services provided by ErkmenHost, as specified in Article 9.1.
d. If the customer violates the terms and conditions stated in this agreement or the "general service terms," ErkmenHost may terminate the services provided to the customer without prior notice and/or terminate the agreement. In such cases, any fees already paid by the customer will not be refunded.
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