DOMAIN SERVICE AGREEMENT
1. Parties.
On one side; (Erenköy VD, 6100466209 Tax number) Mailbox İnternet Hizmetleri Ltd. (Erenköy VD, No: 6100466209) residing at the address “Şemsettin Günaltay Caddesi Morkaya Business Center No 113 D10 PK: 34736 Kadıköy İstanbul”. Şti. (hereinafter referred to as "SERVICE PROVIDER") and on the other side; The real or legal person whose information is obtained through the registration form on the site by purchasing the products / services of the SERVICE PROVIDER through the website of the SERVICE PROVIDER ("CUSTOMER" and / or referred to as "YOU"), this Service Agreement ("Agreement" for short) has been accepted under the terms and conditions below.
After that, in the contract; CUSTOMER / YOU and SERVICE PROVIDER may be referred to separately as "Party" and collectively as "Parties".
This Agreement is an annex and integral part of the "Service Agreement" that you have accepted electronically, and in cases where there are no provisions in this Agreement, the General Terms of Use and Preliminary Information Form and the terms of the Service Agreement, which are read and accepted by the CUSTOMER, will be valid. Any changes that will take place over time on this contract approved by the CUSTOMER during the online application will be posted on the website and / or notified to the CUSTOMER via e-mail. If the CUSTOMER continues to use the SERVICE PROVIDER services, it will be deemed to have accepted the changed contract terms.
2. Subject and Scope
This Agreement sets out the terms and conditions for the use of the Domain Name Allocation / Registration service provided or to be provided by the CUSTOMER through the SERVICE PROVIDER and includes the terms and conditions of the final agreement between the Parties as part of the General Terms of Use and Service Agreement.
CUSTOMER; Following the signing / acceptance / approval of this contract in the virtual environment, the Service Provider has read and understood the contract as well as the Service Agreement and the General Terms of Use as an integral part of this contract, and with the transfer and dispute resolution policy of the Authorized Registry Operator. It acknowledges that it accepts, declares and undertakes to abide by all terms and conditions in this Agreement, including additional or different terms, terms and policies, including the updates and regulations that it will make on the website from time to time, and to comply with all terms and conditions.
CUSTOMER; It is bound by the rules set by both the SERVICE PROVIDER and the Authorized Registry Operator. CUSTOMER; It is obliged to comply with the terms and conditions set by ICANN and / or the Registrar elected by ICANN and the applicable legislation and all rules and policies that may be published from time to time by the SERVICE PROVIDER.
3.Choosing a Domain Name
CUSTOMER; SERVICE PROVIDER does not guarantee that the domain name can be received, although it is stated that a domain name is suitable for purchase during its query.
CUSTOMER; declares and undertakes that the domain name registration and the form it intends to use does not violate the legal rights of a third party, and that the domain name is not registered for any illegal purpose and will never be used for such a purpose.
4. Fees
The CUSTOMER agrees to pay the relevant service fees to the SERVICE PROVIDER before the desired domain name registration or renewal takes effect regarding the services it receives. None of the fees payable under this contract may be refunded if the domain name registration is suspended, canceled or transferred before the relevant registration period expires.
CUSTOMER;
(a) to provide certain up-to-date, complete and consistent information required by the registration process (all such information will be referred to as "Account Information"); and (b) to provide and update such Account Information as necessary to keep it current, complete and accurate. does. CUSTOMER; He declares that the Account Information and all other explanations specified during the application are correct, complete and complete. The authorized registration agency reserves the right to cancel / terminate the CUSTOMER's domain name registration without prior notice and with immediate effect:
(i) the information provided by you or your agent is inaccurate, inaccurate, incomplete, unreliable, misleading, or otherwise confidential; or
(ii) Your failure to keep your Account Information accurate, current, complete, consistent and reliable. In the event of such a breach / termination, the SERVICE PROVIDER or the registration agency will not make any refund.
5. Domain Name Extensions
Domain names are registered for a limited time. If the CUSTOMER fails to renew the domain name in time, the registration will expire, and the SERVICE PROVIDER may decide to continue the registration on its own initiative and to keep the domain name in its own account, delete the registration or sell it to a third party. CUSTOMER; It accepts and declares that its rights and interests related to a domain name expire with the termination of the registration and that all domain names whose registration expires may be registered by a third party.
When a domain name is allocated to the CUSTOMER (when it is registered on behalf of the customer), the extension in terms of the domain name can only be in two ways; a) When the CUSTOMER gives an automatic payment order and the collection is made, b) When the CUSTOMER extends the duration of the domain name from the control panel or by calling the customer service unit of the SERVICE PROVIDER, and subsequently, the collection for this extension is made. In other cases, the SERVICE PROVIDER cannot make any commitment to the CUSTOMER in terms of extension of the domain name.
If, for any reason, the SERVICE PROVIDER cannot receive the payment for the domain name, the CUSTOMER domain name registration will be terminated.
Domain name extension; It must be realized within 30 (thirty) days after the allocation period expires or ends. If the CUSTOMER does not extend the domain name allocation period at the end of the said period, it is possible to take back the domain name within the following 15 days by paying a domain name reclaim fee in addition to the domain name allocation fee (domain name recovery fee is a fee that can vary depending on the extension of the domain name. ). However, if the CUSTOMER does not take back the domain name within this period, the relevant domain name will be marked for deletion. In the process of deletion, CUSTOMER; It acknowledges that the domain name can be deleted or transferred to another person. The aforementioned terms do not apply to all domains, and may also vary depending on the extension of the domain name or the terms and conditions set by the Registrar selected by ICANN and / or ICANN.
If the CUSTOMER receives domain name masking, domain name forwarding or similar service together with the domain registration service, the CUSTOMER agrees and declares that the duration of the other services he / she receives will automatically expire when the domain name registration period expires.
6. Domain Name Transfer, Resale Applications
CUSTOMER; It accepts that it cannot transfer any domain name registered through the SERVICE PROVIDER to another domain name Registrar within the first sixty (60) days after the start date of the registration and within the last 30 days.
The person named Registrant in Whois will have the registered Name. At the time of providing the administrator account ID and password, the person named as the administrative contact person will be deemed the Registrar with the authority to manage the domain name. Before transferring the ownership of the domain name to another person ("Transfer Receiver"), the CUSTOMER must receive a written statement from the Transfer Receiver that he / she agrees to be bound by all terms and conditions of this Agreement. If the Transfer Receiver does not reasonably (as we decide on our sole discretion) be bound by the terms and conditions of this Agreement, the relevant transfer will be deemed invalid and void.
CUSTOMER; In case of purchasing a domain name for a third party account, it accepts that it will inform its customers that they have registered their domain names, essentially by using the services provided by the SERVICE PROVIDER and through the SERVICE PROVIDER. The CUSTOMER must also provide complete, accurate and up-to-date information to be placed in the Whois database in accordance with ICANN requirements for each domain name it registers. After a corrected or renewed information reaches the customer, the Customer will provide this information to the SERVICE PROVIDER within two (2) business days, so that the SERVICE PROVIDER will be able to renew its registration data.
7. Terms of Contract; Changes
CUSTOMER; It knows and accepts that the registration and management practices of domain names are constantly evolving and that the SERVICE PROVIDER must / can make the necessary changes in this Agreement in accordance with the regulations of ICANN or authorized registration organizations. SERVICE PROVIDER; will publish the current version of the contract on the website.
CUSTOMER; Continuing to use the domain name registered in its name means that it accepts all kinds of changes in this Agreement. In the event that any change is not accepted, the CUSTOMER may request that the domain name registration be canceled or transferred to another authorized registrant. In the event that any amendment to this Agreement or any other relevant and / or valid contract is not accepted, the said cancellation or transfer requests are the only solution offered to the CUSTOMER and the CUSTOMER knows and accepts this.
8. Current Information
CUSTOMER; It accepts that when it receives any information as part of the application and / or registration process changes, it will notify the SERVICE PROVIDER within two (2) business days. It is the CUSTOMER's responsibility to keep this information up-to-date and accurate. Failure to provide the SERVICE PROVIDER with complete, precise and accurate information at the beginning and continuously for whatever reason means a fundamental breach of this Agreement. Failure to answer any question directed to you by the SERVICE PROVIDER in order to determine the validity of the information provided by you within the first two (2) days for any reason, constitutes a fundamental breach of this Agreement. On the other hand, CUSTOMER; In any event, he agrees to keep a copy of his name on the purchase record.
CUSTOMER; Knows and accepts that the contact information requested by the SERVICE PROVIDER is required for domain name registration and will be shared with the registration operator. This information requested by ICANN may need to be publicly available through Whois, and the registrar may need to keep this information public through Whois. Both the SERVICE PROVIDER and the registry operator can archive this information together with a trusted third party. The CUSTOMER gives approval and consent to all these needs and notifications. Customer agrees that for each domain name registered on it, the following information will be publicly listed in the Whois directory specified in accordance with the ICANN Policy, and can be used for commercial purposes as a whole as specified in the ICANN agreement, can be included in a catalog, and can be sold.
• Domain Name
• Your name and postal address
• E-mail address, postal address, telephone and fax numbers for technical and administrative communications
Internet Protocol Numbers for Primary and Secondary Name Servers
Name Servers' respondent names and Original Registration and expiry date
The CUSTOMER accepts that the publicly available information provided in the domain name registration process can be used by the SERVICE PROVIDER within the scope of ICANN's permission. At the same time, the CUSTOMER gives the SERVICE PROVIDER the right to disclose the following information to third parties through its own database, in an interactive and public manner, at the time of the domain name application, in order to comply with both current and future rules and policies regarding domain name systems. .
I. Domain name or subdomain (s) registered by the customer
ii. Name, type and postal address of your organization
iii. Name (s) of the administrative and technical responsible for your domain name (s) or sub-domain name (s),
position (s), postal address (es), e-mail address (es), voice telephone number (s) and fax number (s) if applicable.
iv. All hostnames and internet protocol addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain name or subdomain name server may be specified.
v. Responding names of these nameservers
vi. Original creation date of the recording and the expiry date of the recording
The SERVICE PROVIDER may need to make this and similar information available to third parties in whole or in part. However, it may transfer or assign this information to a third party, at the discretion of the SERVICE PROVIDER. You declare that your Account Information and all other statements specified in your application are correct, complete and complete. Both the authorized registrar and each registrar reserve the right to terminate your domain name registration if: (i) the information provided by you or your agent is inaccurate, inconsistent, incomplete, untrustworthy, misleading or otherwise confidential, or (ii) Account Your failure to keep your information accurate, up-to-date, complete, consistent and reliable. You acknowledge that these violations will constitute a material breach of your contract, and in that case we or the registrar will have the right to terminate this Agreement immediately without any refund or prior notice.
9. Conflict Status
CUSTOMER; In the event of an objection to the registration or reservation of the domain name by another third party, it will be subject to the provisions specified in the principles of the relevant registry institution regarding disputes, and in the event of a domain name dispute between any third party, the SERVICE PROVIDER ' will indemnify the damages of the SERVICE PROVIDER and prevent the dispute. In the event that the authorized registrar is notified that a complaint has been filed with a judicial or administrative authority regarding the domain name, the authorized registrar will, in its own free will, (i) for the period ordered by the judicial or administrative authority, or (ii) by you and the other party the domain name Until the time that the CUSTOMER receives a notification that your dispute has been resolved, the CUSTOMER may suspend the use of the domain name or make changes in the registration records. In addition, in the event that any action is filed against the CUSTOMER regarding the registration of the CUSTOMER or the registration of the domain name, the authorized registrar may leave the control of the registration to the registration of the competent authority with a registration certificate to be issued by the SERVICE PROVIDER.
10. Politics
CUSTOMER; (1) Correcting errors made by the SERVICE PROVIDER or the registrar performing the name registration pursuant to the authorized registrar, registrar, ICANN or government policy, or any registrar or registrar practice incompatible with them; or (2) related to the domain name. agrees to be suspended, canceled or transferred in order to resolve disputes.
11. Limitation of Liability
You acknowledge that our entire liability and exclusive remedies for any Service (s) offered under this Agreement and in violation of this Agreement are limited to the amount you paid for the initial registration of your domain name. The Authorized Registry Operator and its directors, employees, affiliates, subsidiaries, agents and third party suppliers, ICANN and related registrars are not liable for any direct, indirect, incidental, special or incidental damages arising from the use or inability to use any of the Services or the cost of providing substitute services. will not be responsible. We do not accept liability for any loss or liability arising from but not limited to:
(1) loss or liability resulting from delay or interruption of access;
(2) loss or liability resulting from non-transmission or incorrect transmission of data;
(3) loss or liability resulting from natural disasters;
(4) loss or liability resulting from unauthorized use or misuse of your account ID or password;
(5) loss or liability resulting from errors, omissions or false statements in any and all information and service (s) provided under this Agreement;
(6) Loss or liability resulting from the interruption of our service. Regardless of whether the transaction is of a contractual, actual (including negligence) or any other type, loss of registration or any indirect, special, incidental or consequential damages of any kind (loss of profit) arising from your use of your domain name or interruption of your business, even if we have been notified that the relevant damages may occur. You agree that we will not be liable.
12. Inconsistencies with Registration Policies
If this Agreement is not consistent with any registration, condition, policy or procedure of a relevant registry, the registration, condition, policy or procedure of the relevant registry authority will prevail.
13. Non-Disclaimer
Our failure to demand that you perform any of the provisions in this Agreement or the Service Agreement will not affect our right to demand the performance of the relevant performance at any other date, and our waiver of any breach of any provision of this Agreement will not mean that we are completely waiving from the relevant provision itself.
14. TLDs
Additional provisions below; Applies to all domain names registered through the authorized registrar:
a. .com / net Domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply:
I. Obedience to UDRP. The registrant agrees to comply with the procedures under ICANN's Uniform Policy for the Settlement of Domain Name Disputes ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and to comply with the requirements set by the Registry. continues; these policies are open to change;
ii. Registrant for the settlement of disputes arising from or related to the use of domain name, provided that it does not prejudice other potentially valid jurisdictions.
(1) The jurisdiction of the courts in the region of residence of the Registrant and
(2) It will obey the jurisdiction of the courts where the Authorized Registry Operator is located.
b. .org Domains: In the event of a ".org" registration, the following terms and conditions will apply:
I. Obedience to UDRP. The registrant agrees to comply with the procedures under ICANN's Uniform Policy for the Settlement of Domain Name Disputes ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and to comply with the requirements set by the Registry. . These policies are open to change;
ii. Registrant, for the settlement of disputes arising from or related to the use of domain name, without prejudice to other possible valid jurisdiction
(1) The jurisdiction of the courts in the region of residence of the Registrant and
(2) It will obey the jurisdiction of the courts where the Authorized Registry Operator is located. c. .info Domains: In the case of a ".info" registration, the following terms and conditions will apply:
I. Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification and other processing of the Registrant's personal data by the .INFO registrar and its designees and agents in a manner consistent with the purposes specified in its contract;
ii. Obedience to UDRP. Registrant, ICANN's Uniform Policy for Settlement of Domain Name Disputes ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and agrees to comply with the requirements specified by the Registry. These policies are open to change;
iii. Registrant, for the settlement of disputes arising from or related to the use of domain name, without prejudice to other possible valid jurisdiction
(1) The jurisdiction of the courts in the region of residence of the Registrant and
(2) It will obey the jurisdiction of the courts where the Authorized Registry Operator is located. You can access the policies of ICANN and authorized registrars from the links below.
http://opensrs.com/site/resources/agreements#tmch
http://www.icann.org/dndr/udrp/policy.htm
In addition to all this,
D. For .tr domain names, “nic.tr” policies will also be valid for https://nic.tr and http://nic.ist/politikalar/mkk-politikalari for domain names with ist and istanbul extensions.
CUSTOMER accepts that it is obliged to comply with the said terms and policies.
15. Suspension of Services, Breach of Contract
The CUSTOMER accepts the following articles in addition to the other issues specified in this Agreement.
15.1. Your eligibility to use any of the services provided by the SERVICE PROVIDER is subject to the suspension or cancellation in case of breach of this Agreement and / or the suspension or cancellation required by any policy currently in effect or subsequently adopted by the Authorized Registry Operator.
15.2. Any domain name registration is in accordance with the criteria or policy adopted by ICANN and / or the Authorized Registrar, or any procedure of the SERVICE PROVIDER that is inconsistent with the criteria and or policies adopted by ICANN, (a) any domain Correction of errors by the registry operator or SERVICE PROVIDER during the registration of the name of the name (b) resolution of any dispute regarding any domain name is subject to the transfer, suspension and cancellation condition.
If the CUSTOMER does not fully comply with the terms and conditions of this Agreement and any rules and policies determined by the SERVICE PROVIDER, this will be deemed a fundamental violation of the Agreement and such a violation of the SERVICE PROVIDER will inform the customers in writing or electronically ( eg E-mail). In the event that the CUSTOMER fails to provide substantial evidence to the SERVICE PROVIDER that it has not violated its obligations within (7) days, the SERVICE PROVIDER may terminate its relationship with the customer and take appropriate legal remedies against the customer within the scope of the legal legislation. This kind of way can be applied without notifying the customers, and these ways can be in the form of canceling my customer's domain names and stopping the services provided to customers by the SERVICE PROVIDER, without being limited to what is said here. No refund will be made to customers due to interruption or cancellation of services due to violation.
16. Restriction of Services, Right to Refuse
The CUSTOMER agrees not to use or allow others to use the services provided by the SERVICE PROVIDER for the following purposes, etc.
• Unsolicited e-mail transmission (spam) and repetitive, high-volume inquiries (eg domain name availability, etc.) to any service provided by the SERVICE PROVIDER.
If the CUSTOMER hosts the domain name, domain name servers (DNS) on the SERVICE PROVIDER Servers or uses its system to redirect a domain name, URL, or otherwise hosts a site or a system, or if there is a domain name registered through the SERVICE PROVIDER, SERVICE The PROVIDER has the obligation to take care not to overload the DNS system. The CUSTOMER identifies the servers of the SERVICE PROVIDER, the domain name, as a source, as a means, in response to an address or as a destination address for mail bombardment, Internet packet flooding, packet breaking, etc. can not use for. Server hacking or other crimes against security vulnerabilities are prohibited. The SERVICE PROVIDER reserves the right to disable this domain name in the event that activities threatening the balance of the network and caused by the customer's site are perceived. accepts. However, the SERVICE PROVIDER may delete the registration of any domain name within the first thirty (30) days after registration, at its own discretion and without any liability to the CUSTOMER. In addition, if a name is associated with unwanted or morally objectionable activities, SERVICE PROVIDER may cancel the registration of the domain name. Some of the objectionable activities are listed below, but not limited to this:
• Activities that are designed in a way to bring feelings of slander, humiliation, harm, abuse, threat, insult or harassment to third parties
Catalog crimes defined in Law No. 5651
Activities that encourage others to commit unlawful behavior, such as hate crimes, terrorism, and child pornography
• unfair, vulgar, harmful, engaging in the private life of a third party, racist and other inappropriate activities
• activities designed to imitate the identity of a third party
• Activities organized in the form of unethical use or harm of minors.
Although the CUSTOMER may take back the payment made to the SERVICE PROVIDER in connection with both the cancellation and rejection in cases where the SERVICE PROVIDER refuses a registration or deletes a registration within the first thirty (30) days after registration, the SERVICE PROVIDER may No refunds will be made in cases where it deletes its name due to integration with spam or morally objectionable activities or violation of policy and legislation.
17. Special Conditions for All Registration
After purchasing a domain registration, CUSTOMER agrees to be bound by agreements, rules and policies for each registration.
