HOSTING SERVICES USAGE AGREEMENT
1. Parties.
On one side; Mailbox İnternet Hizmetleri Ltd. Şti. (Erenköy VD, 6100466209 Tax number) residing at Şemsettin Günaltay Street Morkaya business center No 113 D10 PK: 34736 Suadiye Kadıköy İstanbul (hereinafter referred to as "SERVICE PROVIDER") and the other On the third party; 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" in this contract). and / or referred to as "YOU"), within the terms and conditions below, this Service Agreement (in short "Agreement") has been accepted. From now on, the CUSTOMER / YOU and the SERVICE PROVIDER have been signed separately as "Parties" and together as "Parties". can be mentioned.
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 the terms of the Preliminary Information Form and Service Agreement, which are read and accepted by the CUSTOMER, will be valid.
2. Subject and Purpose of the Agreement
The subject of this Agreement; It is the determination of the procedures and principles regarding the sale and use of the hosting service purchased by the CUSTOMER from the SERVICE PROVIDER (hosting the CUSTOMER's websites and / or database on the servers of the SERVICE PROVIDER and publishing them on the internet network).
3. General Provisions
3.1. The services provided by the CUSTOMER during the application are set up by the SERVICE PROVIDER on its system. Following the cash payment of the fees for the relevant service / services, the CUSTOMER's services are made available and the CUSTOMER is informed. The responsibilities of the parties regarding the commissioning of the service are specified in this Agreement.
3.2. The CUSTOMER shall provide the necessary official documents requested by the Nic.TR for the new domestic (Nic.TR) domain name to be purchased immediately after the payment is collected from the SERVICE PROVIDER for the new domain name to be purchased abroad. It accepts in advance that the SERVICE PROVIDER will apply for registration after delivery and that it cannot claim any damage compensation from the SERVICE PROVIDER if it fails to fulfill its responsibilities as described in Article 4. The SERVICE PROVIDER cannot be held responsible for the delays that may occur in the commissioning of the service due to the delay caused by NIC.TR in the new domain names to be purchased from NIC.TR.
3.3. If the CUSTOMER does not fulfill the responsibilities stated in Article 4 before the renewal period of the domain name purchased from the SERVICE PROVIDER within the scope of hosting service, the SERVICE PROVIDER will not pay the domain name renewal fee to the relevant institution, therefore, it accepts no liability arising from the registration of the domain name. it accepts and declares in advance that it will not make any claims from the SERVICE PROVIDER.
3.4. The SERVICE PROVIDER keeps the log files on the servers it provides web hosting services for for the period stipulated by the law.
3.5. In the event that the traffic right provided with the hosting package is exceeded, the SERVICE PROVIDER will reflect a traffic exceeding fee to the CUSTOMER. Additional traffic invoices will be billed in the period following the traffic overage.
3.6. The SERVICE PROVIDER will make the necessary effort to ensure the continuity of the services offered to the CUSTOMER under this Agreement. However, the SERVICE PROVIDER does not guarantee that the services it provides will fully meet the needs of the CUSTOMERS, and that they are uninterrupted, error-free and reliable. The responsibility of the SERVICE PROVIDER for direct and / or indirect damages that may occur due to the use and / or non-use of any service provided under this contract may be as much as the total cost of the services provided. The CUSTOMER accepts that the services may not be accessed or operated in the following cases without limitation, and that the SERVICE PROVIDER cannot be held responsible in such a case;
i- Force majeure (natural disasters such as earthquake, fire, flood and other human disasters),
ii- Hardware failures,
iii- Periodic Maintenance procedures or repairs undertaken by the SERVICE PROVIDER from time to time,
iv- Interruptions or malfunctions in telecommunication or digital transmission lines, malicious network attacks, network density or other malfunctions beyond the control of the SERVICE PROVIDER or unpredictable reasons by the SERVICE PROVIDER.
3.7. SSL Certificates Except for those restricted by certain products or Services, any SSL Certificate purchased from the SERVICE PROVIDER for use with the SERVICE PROVIDER is designed for its own private use by the provider and in case the CUSTOMER uses an SSL Certificate on the website hosted on the SERVICE PROVIDER servers. , SERVICE PROVIDER creates the associated private key (private key) and stores it in a secure environment.
3.8. In addition to the services provided by the SERVICE PROVIDER, the CUSTOMER may benefit from 3rd party applications and additional services (TrendMicro AV, Google Adwords, Trademark Registration, etc.). In this case, the SERVICE PROVIDER cannot be held responsible for any errors, damages, losses and / or malfunctions that may arise from these applications and services provided by third companies / institutions. SERVICE PROVIDER does not provide support and guarantee for these 3rd party applications and services.
3.9. If payment is not received within fifteen (15) business days as of the expiration date of the services provided under this Agreement, the relevant service is suspended. Within fifteen (15) business days following the suspension period, services that are not paid again are closed and deleted. In SSL Certificate services, if the required payment has not been made until the service end date, the service is immediately closed without any pause. CUSTOMER declares that he knows and accepts this.
4. Customer's Responsibilities
4.1. The CUSTOMER cannot behave in a way that would harm the commercial reputation, dignity and other customers of the SERVICE PROVIDER. In such cases, the SERVICE PROVIDER reserves the right to stop the services and terminate this Agreement.
4.2. By signing this Agreement, the CUSTOMER shall notify the current T.C. in electronic mail communications, webcasts and in all kinds of services and services purchased. It accepts and undertakes that it is entirely responsible for the content of its web pages, ftp and other Internet services belonging to itself or its customers.
4.3. The CUSTOMER declares, accepts and undertakes that the SERVICE PROVIDER is responsible for the claims of any 3rd person and institution that will arise during the use of its services, and therefore, the SERVICE PROVIDER is obliged to compensate for the damage and loss.
4.3.a) Examples of materials not accepted on shared web servers are:
• Topsites
IRC scripts, bots
Proxy scripts / anonymizers
• Pirated software / warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf / PTC / PTS / PPC sites
IP Scanners
Bruteforce Programs / Scripts / Applications
Mail Bombers / Spam Scripts
Banner-Ad services (commercial banner name cycle)
Casting file / Mirror scripts (like rapidshare)
Commercial Audio Broadcast (more than one or two streams)
Escrow account / Bank Bonds
• Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Happiness Chain)
• Unlimited services provided to third parties for free or for a fee distribution / use
• Sale of authorized materials for sale without proving in advance the necessary authorization (s)
Programs of banks that determine the market
• raffle / gambling sites
MUDs / RPGs / PBBGs
Hacking focused sites / archives / programs
Sites promoting illegal activities
• Forums or websites that distribute or link to warez / pirated / illegal content
Scam Sites (including those listed on aa419.org and escrow-fraud.com)
Mailer Pro
Broadcasting of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
• Publishing content with no copyright payment
4.3.b) Examples of materials that will not be accepted on Physical, Shared and / or Virtualized servers are:
IRCD (irc servers)
IRC scripts / bots
• Pirate Software / Warez
IP Scanners
Bruteforce Programs / Scripts / Applications
Mail Bombers / spam scripts
Escrow account
• Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Happiness Chain)
• Sale of materials subject to authorization without proving the existence of the required permission (s) in advance
• raffle / gambling sites
Hacking focused sites / archives / programs
Sites promoting illegal activities
• Forums or websites that distribute or link to warez / pirated / illegal content
Scam Sites (including those listed on aa419.org and escrow-fraud.com)
Mailer Pro
Broadcasting of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
• Publishing content that has not been paid for copyright
Although not stated in the above articles, it is strictly forbidden to carry out any illegal and criminal activity. Otherwise, the CUSTOMER is responsible for any legal and administrative sanctions that may occur, and the SERVICE PROVIDER does not have any responsibility for the content, and in the event of such a situation, the SERVICE PROVIDER reserves the right to suspend, suspend and / or terminate this Agreement.
It is the CUSTOMER's responsibility to ensure that the scripts / programs installed in the Client Account are secure and that access permissions to the directories are properly set. The SERVICE PROVIDER reserves the right to refuse to provide service regardless of who requests it. The CUSTOMER is ultimately responsible for all transactions made under their own accounts.
4.4. Resource Usage
Customer;
4.4.a) Cannot use 25% or more of system resources for more than 90 seconds. There are several activities that lead to such problems. These include CGI scripts, FTP, PHP, HTTP etc. takes place.
4.4.b) Can use "cron jon" in minimum 1 minute interval.
4.4.c) Cannot execute any MySQL query longer than 15 seconds. MySQL tables must be properly indexed.
4.4.d) The limit of connecting to a MySQL database at the same time is limited to 100. When the limit is exceeded, "too many connections" error is received.
4.4.e) When using the HPH include function to include a local file, it cannot include a local file instead of a URL. In this regard, use include ("include.php") instead of include ("http://yourdomain.com/include.php").
4.4.f) Do not use server-side code to HTML (such as php and shtml) to help reduce usage.
4.5. Bandwidth Usage There is a bandwidth limit that CUSTOMER can use on a monthly basis. This limit varies depending on the hosting package purchased by the CUSTOMER. In the event that the Customer Account exceeds the said amount, the SERVICE PROVIDER reserves the right to switch the account of the CUSTOMER to a higher package and suspend the Customer account until additional bandwidth is purchased. In principle, the monthly bandwidth that the CUSTOMER can use is unlimited. However, this situation cannot be understood as that the CUSTOMER can especially video sharing and video broadcast, picture sharing and picture broadcasting. In the aforementioned cases, the SERVICE PROVIDER reserves the right to intervene if it deems necessary. 4.6. Storage, Backup and Security SERVICE PROVIDER does its best to regularly protect and back up all data of the CUSTOMER, but does not accept any liability 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 of the entire Web Site content. CUSTOMER is completely obliged to protect the confidentiality of the Customer Password and Account information. The CUSTOMER acknowledges that it is responsible for all actions, omissions and expenditures made under the Account using its Account or password or for any website content displayed, linked, stored on the Server or published by itself or linked to the Site. CUSTOMER is responsible for taking the necessary precautions:
I. To prevent any loss or damage to the website content
ii. Maintaining independent archives and backup copies of website content
iii. To ensure the security, confidentiality and integrity of all website content hosted or published on SERVICE PROVIDER servers
iv. Ensuring the confidentiality of account information SERVICE PROVIDER is not obliged to back up and is not responsible for the loss, non-back up, damage and loss of the website content of the CUSTOMER or any person / institution. Services are not offered to provide a PCI (Payment Card Industry) compliant environment and this is within the CUSTOMER's knowledge. The SERVICE PROVIDER is not responsible for the use of the Services by the CUSTOMER or any person or organization and for the violation of the terms of this Agreement. The CUSTOMER may not use its services in a way that harms the services of the SERVICE PROVIDER, the functionality or operation of its hardware, other customers.
5. ACCEPTANCE OF GENERAL TERMS OF USE and SERVICE AGREEMENT
By approving this Agreement, the CUSTOMER has accepted the "General Terms of Use" and the "Service Agreement" in effect. The current version of the General Terms of Use and Service Agreement is published on the website at "www.mailbox.com.tr".
