E-MAIL HOSTING AGREEMENT
1. PARTIES
This contract is a resident of Şemsettin Günaltay Caddesi Morkaya Business Center No 113 D10 PK: 34736 Kadıköy İstanbul and carries out R&D, national / international sales and marketing activities, accounting and invoicing services, call center and online support services at this address, Zincirlikuyu MailBox İnternet Hizmetleri Ltd., registered in the Tax Office with tax number 2580894962. Şti. (Hereinafter referred to as MAILBOX) and the real or legal person whose information is obtained with the relevant form on the Site by purchasing the MAILBOX products and services through the website mailbox.com.tr (this "Site") of the MAILBOX (hereinafter CUSTOMER and / or will be referred to as "You") in the form and conditions stated below.
Your acceptance of this Agreement electronically means that you have read, understood and agreed upon this Agreement and the corporate policies and / or agreements on the web address named mailbox.com.tr, which has been added as a reference to this Agreement, and you agree that the provisions of this Agreement are binding on you. will come.
2. ENTRY INTO FORCE AND DURATION OF THE CONTRACT
The contract comes into force upon the activation of the service after the CUSTOMER makes an online service application from the MAILBOX Site. The contract is indefinite. Even if the CUSTOMER subscribes by making monthly payments, the Agreement is indefinite.
3. DEFINITION OF THE SERVICE
The service provided by MAILBOX to the CUSTOMER is basically, the e-mail addresses that will work in connection with the CUSTOMER's websites and all the e-mail contents and attachments existing and to be produced in the aforementioned addresses are hosted on the servers of MAILBOX in a controlled manner over the internet network. it consists of sharing. CUSTOMER can benefit from "Mail Hosting" service within the scope of this contract.
By using this Service (s), CUSTOMER is deemed to have accepted to comply with the terms and conditions stated here and all MAILBOX policies and procedures published on the Site.
3.1. Depending on the terms and conditions of this Agreement, MAILBOX will provide maximum continuity and functionality by using all reasonable resources that may be during the term of the Agreement. CUSTOMER acknowledges that the Services may not be accessible or operated in some cases, including but not limited to:
3.1.1. Force majeure (natural disasters such as earthquake, fire, flood and other human disasters),
3.1.2. Hardware malfunctions,
3.1.3. Periodic Maintenance procedures or repairs undertaken by MAILBOX from time to time,
3.1.4. Causes beyond the control of MAILBOX or unpredictable by MAILBOX without being limited to interruptions or malfunctions, malicious network attacks, network density or other malfunctions that may occur in telecommunication or digital transmission lines.
3.2. CUSTOMER acknowledges that MAILBOX has no control over the continuity or uninterruptibility of its Services and that they are not guaranteed. In terms of the service provided by MAILBOX, interruption, malfunction, access restriction etc. for any reason. In case of problems, it is not possible for the CUSTOMER to make a claim to the MAILBOX with the claim of loss of rights, and the CUSTOMER irrevocably accepts, declares and undertakes in advance that this situation cannot be claimed as a breach of contract.
3.3. MAILBOX will make the necessary effort to ensure the continuity of the services provided to the CUSTOMER.
3.4. Service Continuity Guarantees (MailBox SLAs) MAİLBOX provides standard service service guarantees to all its CUSTOMERS with the Service Level Agreement (SLA - Service Level Agreement). This agreement can be accessed on the Site.
3.5. SSL Certificates Except for those restricted by certain products or Services, any SSL Certificate purchased from MAILBOX or from companies to which MAILBOX is affiliated is designed for its own private use as defined in the contract specified by the provider, and any web other than the server where it is used It cannot be transferred to the hosting service. If the CUSTOMER uses an SSL Certificate on the web site hosted on MAILBOX servers, MAILBOX creates the associated private key and stores it in a secure environment. Even in case of CUSTOMER request for security reasons, MAILBOX will never leave the private key of the CUSTOMER. If the CUSTOMER wishes to export the SSL Certificate and use its private key outside of the MAILBOX servers, it must notify MAILBOX in writing within thirty (30) days at the latest from the start of the Service purchase.
3.6. Additional Services and 3rd Party Applications (TrendMicro AV, Google Adwords, Trademark Registration, etc.)
The CUSTOMER can benefit from the Services and / or Products and / or Applications (all "Services") offered by MAILBOX in addition to some Services. In this case, MAILBOX cannot be held responsible for any errors, damages, losses and / or malfunctions that may arise from these Services provided by third companies / institutions. MAILBOX does not provide support and guarantee for these Services. In the event that MAILBOX is damaged by us due to the service procured by the CUSTOMER with third parties and institutions, the CUSTOMER agrees, declares and undertakes that it is liable to compensate the damage suffered by MAILBOX.
4. OBLIGATIONS OF THE CUSTOMER
4.1. The CUSTOMER accepts that it is a mandatory and prerequisite for the valid establishment of this Agreement to provide all the identity information, including the TR Identity Number declared in the establishment phase of this Agreement. If it is determined later that the credentials of the CUSTOMER are incorrect or incomplete, upon the notification to be made by MAILBOX, the said mistake or deficiency will be corrected by the CUSTOMER within 2 days. Otherwise, MAILBOX has the right to terminate this contract for just cause, without the need for an additional warning or notice. Due to the terminations made by MAILBOX for this reason, the CUSTOMER has to stop the service offered from MAILBOX or due to the termination of the contract, compensation, payment, return, compensation, etc. under any name and account. it accepts, declares and undertakes that it cannot make demands. Due to the incomplete or incorrect information provided, the CUSTOMER agrees and undertakes to compensate for all kinds of damages of MAILBOX, including the damages that third parties may suffer from the mistakes or deficiencies in the said information.
4.2. The CUSTOMER cannot behave in a way that would harm the commercial reputation and reputation of the MAILBOX CUSTOMERS. In such cases, MAILBOX, contract termination, suspension, freezing, etc. It reserves all rights. The CUSTOMER cannot claim any material and / or moral damage in the presence of such a situation and cannot go under the responsibility of MAILBOX.
4.3. CONTENT
4.3.1. By signing this contract, the CUSTOMER declares and undertakes to accept the terms of service. By signing this Agreement, the CUSTOMER shall be responsible for the electronic mail communication and all transactions related to this subscription. It accepts and undertakes that it is completely responsible for the content of the web pages, ftp and other Internet services belonging to itself or its CUSTOMERS, not to behave contrary to its laws, decree laws, statutes and regulations and general morals and manners.
4.3.2. The CUSTOMER shall use the information, data, e-mail and all other electronic information to be stored in the hosting system used by the CUSTOMER and published from the server for the purposes and legal activities in this agreement without violating the public order, T.C. It accepts and undertakes that it will comply with the laws, customs and rules of ethics and that the financial and legal liabilities of all kinds of copyrights will be undertaken by the CUSTOMER. The CUSTOMER accepts, declares and undertakes in advance that it will not violate the rights of third persons and institutions arising from all kinds of laws and regulations through the service provided, including the scope of Information Law, Intellectual and Industrial Rights Law and Criminal Law, Commercial Law and Law of Obligations. The CUSTOMER is responsible for any legal action and illegal content that may arise regarding this matter, and the fees and other compensation to be paid will only be undertaken by the CUSTOMER. The CUSTOMER agrees to exclude MAILBOX from these relationships and issues in any case. In spite of this, in the event of administrative, legal or criminal proceedings against MAILBOX for any reason, the CUSTOMER is obliged to compensate all material and moral damages that MAILBOX and third parties have suffered / will suffer in cash and at once. In the event of legal, administrative and / or criminal proceedings against MAILBOX due to the unlawful acts of the CUSTOMER, MAILBOX shall notify the case, recourse, etc. All Rights Reserved. CUSTOMER accepts, declares and undertakes in advance that he cannot claim that MAILBOX is responsible for the CONTENT regardless of the reason.
4.3.3. MAILBOX is not obliged to check the accuracy and content of the information reaching its system and to apply any censorship unless there is a request from legal authorities. For this reason, the CUSTOMER will check the accuracy and appropriateness of the information that will reach them via the internet. The legal and criminal liability for damages that may occur due to the accuracy and content of the information provided to them belongs exclusively to the CUSTOMER. MAILBOX, any written, audio or visual content, material, TC. It cannot be against the laws. Otherwise, the responsibility belongs to the CUSTOMER for all material and moral damages that arise or will arise.
4.3.4. CUSTOMER, for whatever reason, unlicensed software cannot be used, used, pirated software that violates copyright and other intellectual property laws, and e-mails with advertising content (SPAM) sent without the consent of third parties cannot be sent. A copy of the licenses and invoices of the installed software and the software to be installed in the future must be given to MAILBOX as long as this contract is valid. The CUSTOMER agrees and undertakes to deliver the relevant license and invoice copies to MAILBOX within 30 days from the date of receipt. The CUSTOMER will be responsible for all disputes arising between the licensee and the CUSTOMER. In spite of this, in case of any administrative, legal or criminal proceedings against the CUSTOMER for any reason, the CUSTOMER is obliged to indemnify all the damages that MAILBOX will suffer.
4.3.5. The parties will not behave to harm each other's commercial reputation and reputation. When the CUSTOMER purchases services from MAILBOX, the CUSTOMER is informed about the rights arising from the Intellectual and Industrial Property Law legislation of the MAILBOX, know-how, commercial information, trade secret, etc. To have information about the internal functioning of the company and the content of the services offered, partnership, agency, dealership, right of use, etc. CUSTOMER accepts, declares and undertakes in advance that the CUSTOMER does not have the opportunity to share any information learned in writing or verbally with third parties and institutions due to the service provided without the express and written consent of MAILBOX. The CUSTOMER is responsible for system and information security, except in cases where otherwise stated, and is responsible for ensuring information security during the use of its services.
4.3.6. If the CUSTOMER is aware of the violation of the terms of service, MAILBOX reserves the right to take measures such as deleting information, stopping broadcast, blocking harmful broadcasts, blocking access, suspending. MAILBOX can also cancel the service offered due to this violation and terminate this contract without compensation and without notice. In addition, the CUSTOMER who violates the terms of use cannot claim any rights or damages against the measures taken by MAILBOX.
4.3.7. The CUSTOMER will fulfill the duties loaded in accordance with the law numbered 5651 on the hosting service covered by this contract, and if a legal information request is made, the CUSTOMER will notify the legal authorities or MAILBOX completely and accurately within 1 business day, otherwise MAILBOX ' It undertakes to cover the damages and expenses to be incurred. In accordance with Law No. 5651, the CUSTOMER accepts in advance that the CUSTOMER knows that the information and log records of the CUSTOMER can be shared in the system if requested by third parties who claim that their rights protected by official authorities and legislation have been violated from MAILBOX with the allegations of illegality in the content. , declares and undertakes. The CUSTOMER takes all kinds of measures in terms of blocking the access of MAILBOX, removing the content from the publication, stopping the actions and acts that constitute unlawfulness in case of requesting this and similar information of MAILBOX by the official authorities or reporting illegal content to MAILBOX in accordance with Law No. 5651. irrevocably accepts, declares and undertakes that its right is reserved. The CUSTOMER cannot claim that his material and moral rights are violated in terms of the precautionary actions taken by MAILBOX due to such requests. The CUSTOMER does not fulfill its payment obligations against MAILBOX or the CUSTOMER's Article 8 and 9 and other relevant provisions of the Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Publications and the Turkish Penal Code No. 5237 In case of violation of the provisions of the 10th Section of the Industrial Property Law and the Law on Intellectual and Artistic Works and all related legislation, the services may be stopped, suspended by MAILBOX and / or this contract can be unilaterally and without any additional obligation by MAILBOX without compensation and without notice. can be terminated. In this case, the CUSTOMER cannot claim or recourse the damages incurred from MAILBOX.
4.3.8. The CUSTOMER cannot rent, sell, transfer or have others use this right of use; otherwise, it accepts, declares and undertakes that it may be subject to pay penal clauses up to the minimum contract amount without any legal notice or notice.
4.3.9. The CUSTOMER is obliged to take the necessary precautions and security against attacks, information theft, hacking and all kinds of misuse that will come to different servers and systems maintained by MAILBOX over the internet. Within the scope of shared hosting services, the CUSTOMER will be exclusively responsible for all damages that may be caused by the website creating excessive system load, excessive CPU, RAM and Disk usage and other reasons for exhausting the system, that the other MAILBOX CUSTOMERS will compensate for the damages that may arise from causing a situation that will disrupt the services of the other MAILBOX CUSTOMERS. It accepts and undertakes in advance that its services may be stopped for reasons.
4.3.10. The CUSTOMER is liable to indemnify all kinds of material and moral damages, including but not limited to the damages of third parties, which may arise from situations such as connecting to its network or system without the permission of a third party, stealing passwords of third parties, installing malicious software on the server. Therefore, MAILBOX account can be suspended and all necessary precautionary actions can be applied. In order to access networks and systems that are not under the direct control of the CUSTOMER, it is obligatory to obtain written consent from the said third party. If MAILBOX wishes, it may request a document to prove that the access to the network or system belonging to the third party is within the scope of permission and may require such documents to be submitted.
The CUSTOMER agrees with MAILBOX that MAILBOX and / or third parties and institutions will provide the damage and loss and compensate the damage and loss they suffer against any claims arising from the use of the services of MAILBOX.
4.3.11.
a. Materials not accepted on any of the shared email hosting servers include:
I. Mail Bombing, e-mail sending attempts with spam scripts
ii. Mail Bombing, Mailer Pro, spam scripts and e-mail sending attempts
iii. Spoofing / Impersonation spoofing and spoofing notification or mail sending
iv. Copyright, trademark, patent, trade secret or unauthorized use of any third party information - violations
v. Defamatory, harassing, swearing, threatening or violating personal privacy and inciting violence, threatening, hateful content
vi. Content that will affect national security or the investigation processes of law enforcement agencies
vii. Content that encourages the use of illegal substances
viii. Content promoting or serving illegal activities (Arms trafficking, gambling (betting, lottery))
ix. Sale of items subject to permission without proving the existence of the necessary authorization (s)
b. Materials that will not be accepted on Physical, Shared and / or Virtualized servers include:
I. Mail Bombing, Mailer Pro, spam scripts and e-mail sending attempts
ii. Insults and discourses committed against individuals and institutions
iii. Copyright, trademark, patent, trade secret, trademark, patent, violation of rights arising from design registration, violation of rights arising from copyright or unauthorized use of any third party information - violations
iv. Defamatory, harassing, swearing, threatening or violating personal privacy and inciting violence, threatening, hateful content
v. Content that will affect national security or the investigation processes of law enforcement agencies
vi. Content that encourages the use of illegal substances
vii. Content promoting or serving illegal activities (Arms trafficking, gambling (betting, lottery))
viii. Malicious software, Fraudent content, Phishing attempts
4.3.12. Although not stated in the above articles, it is strictly forbidden to carry out any illegal and criminal activity. Otherwise, MAILBOX reserves the right to terminate the agreement. It is the CUSTOMER's responsibility to ensure that the scripts / programs installed in the CUSTOMER's Account are secure and that the access permissions to the directories are set properly.
MAILBOX services, including all related equipment, networks and network devices, are for the permitted CUSTOMER use only. MAILBOX systems can be monitored for all legal reasons and these reasons include making sure that the use is permitted, managing the system, facilitating protection against unauthorized access and verifying security procedures, sustainability and transaction security. During monitoring, information can be viewed, saved, copied and used for permitted purposes. The use of the MAILBOX system (s) consents to monitoring for these purposes.
Any Account that connects to a third party's network or system without their permission may be suspended. In order to access networks and systems that are not under the direct control of the CUSTOMER, it is obligatory to obtain written consent from the said third party. If MAILBOX wishes, it may request a document to prove that the access to the network or system belonging to the third party is within the scope of permission and may require such documents to be submitted.
4.3.13. Regardless of who requests it, MAILBOX reserves the right to refuse to provide service.
In addition to the relevant articles specified in the General Terms of Service Agreement, if the e-mail sent from the MAILBOX Department is not answered within forty eight (48) hours, the Service (s) offered to the CUSTOMER may be suspended or terminated. Any issue of abuse must be negotiated via bug, reporting / email and responded within forty eight (48) hours. Although it is within the CUSTOMER's information that the CUSTOMER is obliged to keep its e-mail address up-to-date, all liability and compensation for damages arising from this belongs to the CUSTOMER.
4.4. Resource Usage
CUSTOMER;
4.4.1. The maximum size of the file to be sent as "attachment" in mails is 25 MB.
4.4.2. The user can send a maximum of 100 mails per hour. (Valid for standard hosting packages. The limits may differ for some hosting packages.)
4.4.3. The mails sent cannot be sent to more than 50 users at any time.
4.4.4. Mail accounts (POP / IMAP, Webmail) that are not accessed for 3 months or more are stopped. At the end of the 3rd month after the accounts are suspended, the account is completely deleted.
4.4.5. Connection for FTP upload / download is 256Kbit / second.
4.4.6. The file size to be sent at once in FTP is maximum 10 MB.
4.5. Storage, Backup and Security MAILBOX does its best to protect and back up all data of the CUSTOMER on a regular basis, but does not accept any responsibility for any errors that may arise in the data within its structure. Data backup is the responsibility of the CUSTOMER. CUSTOMER always undertakes the risk of damage and loss of the Web Site and the files belonging to the entire Web Site content. CUSTOMER is completely obliged to protect the confidentiality of the CUSTOMER Password and Account information. CUSTOMER acknowledges that it is responsible for all actions, omissions and expenses incurred in any website content made under the Account using its Account or password, or linked to the Site or viewed, linked, stored or published on the Server. The CUSTOMER is responsible for taking the necessary measures that are notified and not listed below:
I. To prevent any loss or damage to mail content
ii. Maintaining independent archives and backup copies of mail content
iii. To ensure the security, confidentiality and integrity of all mail content on MAILBOX servers
iv. Ensuring the confidentiality of account information
MAILBOX shared servers are not an archive and MAILBOX is not responsible for the damage and loss of the website content of the CUSTOMER or any person / institution. The services are not offered to provide a PCI (Payment Card Industry) compliant environment, this is within the CUSTOMER's knowledge. MAILBOX is not responsible for the use of the Services by the CUSTOMER or any person or institution and for the violation of the terms of this Agreement. The CUSTOMER cannot use the services at the initiative of MAILBOX in a way that will harm the functionality or operation of the Services or hardware of the MAILBOX. The MAILBOX records will be accepted as valid and definitive evidence in case of disputes that may arise regarding the transactions made by the CUSTOMER over the internet.
5. FEES AND PAYMENT
5.1. The CUSTOMER undertakes to pay the usage fees and related taxes for the MAILBOX Services. The fees are collected in advance with the first order and are automatically closed at the end of the term unless otherwise stated.
5.2. MAILBOX services offer AUTOMATIC RENEWAL option. Unless the automatic renewal option is canceled for the Services that use the automatic renewal option as default, MAILBOX will automatically renew your Services with the current Service period when the renewal period comes and will collect the payment with the Payment Method you specified on the order over the prices of MAILBOX at that time.
You register for our automatic renewal service with the products you purchase. Thanks to this service, your products are automatically renewed at current prices using your registered payment method shortly before their expiry date, you do not have to take any further action. If you wish, you have the right to cancel the automatic renewal feature from your MAILBOX account. Without the written confirmation sent by MAILBOX regarding the cancellation of your automatic renewal request, it is not possible to claim that this feature has been closed.
5.3. As long as the CUSTOMER continues with AUTOMATIC RENEWAL, it accepts that it will be automatically renewed in the next renewal period and 1 (one) month prior to the service fees announced by MAILBOX to the CUSTOMER via web and / or e-mail. The collection of the relevant service charges will be made from the credit card account three (3) days before the renewal date. In the event that MAILBOX cannot make a collection for any reason, it is the CUSTOMER's responsibility to pay the service fee to the MAILBOX within the same period.
5.4. In case the CUSTOMER chooses to pay by bank transfer, MAILBOX activates the MAILBOX service within 7 (seven) calendar days from the account opened on behalf of the person or institution specified in the CUSTOMER information during the application, to the bank account of the MAILBOX specified on the Site. and informs the CUSTOMER. For payments made by Bank Transfer / EFT method, the order code must be specified in the payment description. All expenses of the payments belong to the CUSTOMER.
5.5. Services that are not paid within fifteen (15) business days following the pause period are deleted. The payment is not made by the CUSTOMER or the receipt for the said payment is not delivered to the MAILBOX, etc. In cases where the CUSTOMER cannot go to the responsibility of MAILBOX with any claims of material and moral damages, including data loss due to the suspension or suspension of the service, temporarily or permanently termination of the service, the CUSTOMER can make regular payments and inform MAILBOX that the payment has been made. CUSTOMER accepts, declares and undertakes that it is under the follow-up and responsibility of.
5.6. Fees paid after the renewal of the service received from MAILBOX will not be refunded.
6. VALIDITY AND TERMINATION OF THE CONTRACT
6.1. MAİLBOX reserves the right to revise its service policies and Agreements at any time without notice. By continuing to use the MAILBOX Services, the CUSTOMER is deemed to have accepted the terms of the Contract specified on the Site and may change from time to time. The CUSTOMER agrees, declares and undertakes in advance that MAILBOX cannot claim that he is not aware of the contract conditions on the Site.
6.2. In the event that the CUSTOMER violates the terms specified in this contract or all MAILBOX policies and Agreements, MAILBOX may terminate the services provided to the CUSTOMER and / or terminate the contract without prior notice. In this case, the fees previously paid by the CUSTOMER are not refunded.
In the event that the parties violate the terms specified in this contract, unless otherwise stated in the contract, the other party is notified in writing; If the breach of the contract is not remedied within 7 days from the notification of the said notice, the relevant party may terminate the contract without any further notice.
6.3. In the event that the CUSTOMER's collections for the Services cannot be realized, MAILBOX may terminate the contract. In this case, the fees previously paid by the CUSTOMER are not refunded.
6.4. The CUSTOMER may terminate the Contract by removing the AUTOMATIC RENEWAL at any time until the renewal date specified on the site.
7. RESOLUTION OF DISPUTES
Istanbul Central Courts and Enforcement Offices will be authorized in any dispute arising from the application and interpretation of this contract.
8. FORCE MAJEURE
8.1. Provided that it is beyond the control and will of the parties and is beyond the reasonable control power, preventing and / or delaying the fulfillment of the obligations incurred by the parties with this contract, which cannot be predicted in advance, provided that it is limited to those listed; The occurrence of natural disasters such as war, civil war, terrorist acts, earthquake, fire, flood will be considered as force majeure.
8.2. When a force majeure occurs, one of the parties has to notify the other party immediately, without wasting time. In case of such a situation, the parties will evaluate together and determine and implement the measures to be taken together. The parties will not be held responsible for failing to fulfill their obligations fully or on time due to force majeure, if the force majeure situation continues uninterrupted for 30 (thirty) days, this contract will automatically become void. However, the rights and claims of the parties accrued before termination will be reserved.
9. FINAL PROVISION
This contract, however, consists of 9 main articles and sub-headings, and has been read, understood and signed by the parties. If it deems necessary, MAILBOX can add or remove new articles and / or subtitles or make changes on the articles.
The CUSTOMER declares and undertakes to accept these changes irrevocably in advance.
