Dedicated Hosting Agreement

RENTAL AND VIRTUAL SERVER SERVICES USAGE AGREEMENT

1. Parties.

On one side; Mailbox İnternet Hizmetleri Ltd. (Erenköy VD, 6100466209 Tax number) located at the address of “Şemsettin Günaltay Caddesi Morkaya Business Center No 113 D10 PK: 34736 Suadiye 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 SERVICE PROVIDER's products / services 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.

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 rental and / or virtual server service purchased by the CUSTOMER from the SERVICE PROVIDER.

3. General Provisions

3.1. The service provided to the CUSTOMER by the SERVICE PROVIDER under this Agreement is basically; leasing a physical server device owned by the SERVICE PROVIDER (server leasing) and / or using a virtual server owned by the SERVICE PROVIDER and shared resources with virtualization technology and connecting these servers to the internet backbone to which the SERVICE PROVIDER is connected by being hosted in the SERVICE PROVIDER Data Center .

3.2. The CUSTOMER will be able to control and manage these servers, which are directly connected to the SERVICE PROVIDER backbone, through remote access protocols.

3.3. The CUSTOMER can take any of the physical or virtual server rental services from the SERVICE PROVIDER under this contract.

3.4. 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.

4. Rights and Obligations of the Parties

4.1. After the cost of the service or services requested by the CUSTOMER is collected, the SERVICE PROVIDER will make the Services available and inform the CUSTOMER.

4.2. SERVICE PROVIDER; The CUSTOMER is not liable for any damage and loss that may occur due to malfunctions, malfunctions, errors and pauses that may occur in the telecommunication lines and Internet Service Providers (ISP) systems that are out of control. In the event that the line is cut due to such malfunctions on the connection, the CUSTOMER cannot claim any rights and compensation from the SERVICE PROVIDER. However, in the event of such a malfunction, the SERVICE PROVIDER will make maximum effort to correct the malfunction in question.

4.3. The CUSTOMER can send mass e-mails (spamming), fraud with phishing, attack on internal or external networks, etc. via the server allocated to him. Accepting, declaring and undertaking that the server will be deactivated by the Contractor without the need for a further notice and the fees paid by the Contractor will not be returned to him in any way and that he is obliged to compensate for any damages that may occur due to this reason. does. Customer, within this responsibility, T.C. laws, the regulatory procedures of the ICTA (Information Technologies and Communication Authority) and the rules set and to be set by the Contractor.

4.4. The CUSTOMER is entirely responsible for the damages incurred by the SERVICE PROVIDER and third parties due to all the data in the electronic environment and the content of this data within the scope of the service it has received, and will exclude the SERVICE PROVIDER from such third party requests.

4.5. Regarding the services the CUSTOMER has rented / purchased, T.C. It undertakes to be bound by the laws. The Customer declares and undertakes that in cases where he / she acts against the applicable laws and regulations through the services he has rented and purchased, he will be exclusively responsible for this situation, he will compensate the damages to be incurred by the SERVICE PROVIDER and third parties due to the contradiction, and that he will exclude the SERVICE PROVIDER from any requests.

4.6. For Server Rental and / or Hosting Services; All software adjustments on the systems, software security and other restricted access information arrangement and system management operations are under the responsibility of the CUSTOMER unless they are separately specified and purchased in the service content.

4.7. For Server Rental and / or Hosting Services; Backing up all the data of the relevant server and restoring the backups are entirely under the responsibility of the CUSTOMER, and the said backup can be made by himself, by a third party authorized by him or by the SERVICE PROVIDER for a fee.

4.8. The installation, licenses, adjustment of the information, documents and software on the server, their licenses, adjustment, and all the problems related to the software are under the responsibility of the CUSTOMER, and in any case, the SERVICE PROVIDER will not be responsible for the information made and provided by the CUSTOMER.

4.9. In case the Server Rental Service is received from the SERVICE PROVIDER:

a) The SERVICE PROVIDER will complete the CUSTOMER's physical change or arrangement requests on the servers rented / rented to the CUSTOMER within one (1) business day at the latest following the CUSTOMER's notification. SERVICE PROVIDER will be able to propose part (s) with similar features but with different brands and capacities depending on the stock status.

b) The SERVICE PROVIDER will fix any hardware malfunctions that may occur in the devices subject to this contract during the service period and reported by the CUSTOMER as soon as possible. SERVICE PROVIDER will not be held responsible for data loss or service interruption.

c) SERVICE PROVIDER may replace these devices with equivalent devices in terms of quality, capacity and technology when it is necessary to change the devices. In cases where equivalent products are not available or cannot be supplied within the required period; SERVICE PROVIDER may replace devices with higher quality devices. In such cases, the SERVICE PROVIDER will not demand an additional fee from the CUSTOMER.

4.10. CUSTOMER acknowledges that the SERVICE PROVIDER may carry its own servers when necessary. In this context, an IP address assigned to the CUSTOMER can be changed to a different IP address. The SERVICE PROVIDER does not guarantee that it can continuously protect the IP addresses allocated to the CUSTOMER. The SERVICE PROVIDER will notify the CUSTOMER of the new IP addresses to be allocated to the use of the CUSTOMER at least 2 (two) weeks in advance in case the IP address changes. In case of such a need for a change, the CUSTOMER will also fulfill its obligations for the change to occur.

4.11. The SERVICE PROVIDER will be able to provide the CUSTOMER with the necessary support on the user panel and / or phone on basic issues regarding the contractual service. Service / fee may be required for the support required in the data center where the equipment allocated to the CUSTOMER is located, and in this case, the CUSTOMER will be informed.

4.12. The CUSTOMER cannot engage in activities that will cause disruption in the use of the SERVICE PROVIDER network or other network, system, system resources (CPU, RAM and Network resources), service and / or device usage. In such cases, the SERVICE PROVIDER may request the CUSTOMER to reduce the use of system resources to an acceptable level or to pay for the additional technical equipment and resources required to meet the resources they use. Otherwise, the SERVICE PROVIDER reserves the right to terminate the agreement.