Service and Usage Agreement
1- PARTIES
a: This agreement shall be deemed to have been signed between ONETRA BİLİŞİM TEKNOLOJLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ (referred to as Webkur), which provides the services offered from the webkur.com.tr site (referred to as Services), and the person / institution (referred to as Customer) specified with the details specified in the new customer registration section, with the use of the website (referred to as the Site) operating at the internet address http://www.webkur.com.tr belonging to Webkur and the services to be purchased through this site with the following terms and conditions.
b: The parties hereby declare, accept and undertake the accuracy of the information written in this contract. Everyone who receives services from our company is deemed to have read and accepted these articles. It will be deemed to be signed with the terms and conditions specified below.
2- SUBJECT
a: This contract will regulate the sections that the customer is allowed to do and not to do in accordance with the information provided by the customer in his transactions, orders, messages he sends in the registration process, and the fees to be paid to Webkur in return for the services he will receive in accordance with his preferences in his orders. These service and transaction descriptions are as follows.
b: Membership information is the information entered by the customer during membership. Since this information will be the basis for the transactions made, it is assumed that the customer and the member enter this information completely and accurately.
3- RESPONSIBILITIES
a: Webkur will provide the services transmitted as an order upon the request of the customer. With the message of acceptance of the order, Webkur will accept that it has collected the relevant fee and will undertake to provide the service specified in the order in question.
b: The payment method, VAT differences will be specified with the total amount to be deducted during the order and the fees to be paid by the customer according to the monthly or annual payment preferences will be notified by Webkur.
c: After the order acceptance and approval of the transactions, Webkur will send the control panel, ftp, sql and e-mail usernames and passwords related to the service in the customer order detail to the customer and the service will have started. The responsibility of the relevant accounts and passwords is the responsibility of the customer and the customer will be responsible for any loss and damage that may arise from these issues.
d: The customer undertakes to comply with the statements and warnings received by Webkur within the service received. The customer declares, accepts and undertakes to comply with any warnings or notices published by Webkur while benefiting from the hosting account. The customer cannot distribute or sell the services provided to him free of charge and unlimitedly in the hosting service he has received to third parties for a fee or free of charge and / or limited or unlimited.
e: The customer undertakes not to access files or programs that he/she does not have the right to access by using the software and programs he/she has within the service, not to create any problems due to such a problem, and to cover the damages in case of problems and problems that may occur.
f: The customer accepts and undertakes that the taxes, fees and similar obligations that are in force during the use of the domain name, hosting or the services it receives or will enter into force during the contract belong to it and that it will cover them.
g: The customer accepts and undertakes that he / she is responsible for all files, documents and programs hosted within the service, all transactions that he / she will use and benefit from with the website and e-mail services, and accepts and undertakes to bear all legal and criminal liability that may arise from the illegality of such data, information and statements. No fault can be attributed to Webkur for any problems that may arise in this regard.
Webkur does not review, verify, endorse the pages before they are sent or take any responsibility in any way for the pages made by the user. Webkur may terminate user accounts for violating these guidelines or for any other reason or because Webkur believes it is harmful to its business or the business of any of its users. Webkur has the right to delete unlawful acts and actions without notifying the customer as soon as it learns about them.
h: Webkur cannot be held responsible for any material or moral damages that may arise from the misuse of customer data in the service it provides, data content, all data used by e-mail. Backup and storage obligations of this data belong to the customer. Webkur will subject all data of the customer to regular backup and maintenance. Despite this, Webkur is not responsible for errors, damages and losses that may occur due to interruption or loss of data that may occur in Webkur services. Backing up the data is the responsibility of the customer unless otherwise stated in the contract text.
i: Webkur will carry out domain name registration transactions that have been ordered and paid by the customer without any problems. The customer is the owner of the domain name registered and paid for with the registration request accepted with the order. Domain names purchased within the campaign and promotion can be transferred after the next payment period has passed. Webkur will be able to take action on the domain name in line with the customer's requests in this regard. An arrangement, change and transfer requests on the domain name by the customer will be made as soon as possible.
3- RESPONSIBILITIES
a: Webkur will provide the services transmitted as an order upon the request of the customer. With the message of acceptance of the order, Webkur will accept that it has collected the relevant fee and will undertake to provide the service specified in the order in question.
b: The payment method, VAT differences will be specified with the total amount to be deducted during the order and the fees to be paid by the customer according to the monthly or annual payment preferences will be notified by Webkur.
c: After the order acceptance and approval of the transactions, Webkur will send the control panel, ftp, sql and e-mail usernames and passwords related to the service in the customer order detail to the customer and the service will have started. The responsibility of the relevant accounts and passwords is the responsibility of the customer and the customer will be responsible for any loss and damage that may arise from these issues.
d: The customer undertakes to comply with the statements and warnings received by Webkur within the service received. The customer declares, accepts and undertakes to comply with any warnings or notices published by Webkur while benefiting from the hosting account. The customer cannot distribute or sell the services provided to him free of charge and unlimitedly in the hosting service he has received to third parties for a fee or free of charge and / or limited or unlimited.
e: The customer undertakes not to access files or programs that he/she does not have the right to access by using the software and programs he/she has within the service, not to create any problems due to such a problem, and to cover the damages in case of problems and problems that may occur.
f: The customer accepts and undertakes that the taxes, fees and similar obligations that are in force during the use of the domain name, hosting or the services it receives or will enter into force during the contract belong to it and that it will cover them.
g: The customer accepts and undertakes that he / she is responsible for all files, documents and programs hosted within the service, all transactions that he / she will use and benefit from with the website and e-mail services, and accepts and undertakes to bear all legal and criminal liability that may arise from the illegality of such data, information and statements. No fault can be attributed to Webkur for any problems that may arise in this regard.
Webkur does not review, verify, endorse the pages before they are sent or take any responsibility in any way for the pages made by the user. Webkur may terminate user accounts for violating these guidelines or for any other reason or because Webkur believes it is harmful to its business or the business of any of its users. Webkur has the right to delete unlawful acts and actions without notifying the customer as soon as it learns about them.
h: Webkur cannot be held responsible for any material or moral damages that may arise from the misuse of customer data in the service it provides, data content, all data used by e-mail. Backup and storage obligations of this data belong to the customer. Webkur will subject all data of the customer to regular backup and maintenance. Despite this, Webkur is not responsible for errors, damages and losses that may occur due to interruption or loss of data that may occur in Webkur services. Backing up the data is the responsibility of the customer unless otherwise stated in the contract text.
i: Webkur will carry out domain name registration transactions that have been ordered and paid by the customer without any problems. The customer is the owner of the domain name registered and paid for with the registration request accepted with the order. Domain names purchased within the campaign and promotion can be transferred after the next payment period has passed. Webkur will be able to take action on the domain name in line with the customer's requests in this regard. An arrangement, change and transfer requests on the domain name by the customer will be made as soon as possible.
4- RESTRICTIONS
It is not allowed to use purchased services as a backup area. (Except for panel backup of the same account). Again, it is not allowed to use the account as a file repository. (Such as videos and files published from the account) Examples of operations that are not allowed on all our hosting servers are listed below;
Toplists
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Photo Hosting Scripts (such as Photobucket or Tinypic etc...)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts and Mailer Pro
Banner-Ad services
File Dump/Mirror Scripts (such as rapidshare, megaupload etc...)
Commercial Audio Streaming
Sale of substances without appropriate permits
Sites with all kinds of content such as Adult, Erotic, Adult Story/Video
Lottery / Gambling Sites
MUDs / RPGs / PBBGs
Hacker sites focused/archive/programs
Voice chat sites
Sites promoting illegal activities
Distribution or sharing of warez / pirated / illegal content on forums or websites
Bank Bonds/Bank Notes Trading Programs
Rigged Sites
Broadcast or Streaming Live Sporting Events
5- DURATION
a: The rights and obligations of the parties specified in this contract begin with the transmission of order and payment transactions to Webkur via the internet.
b: The duration of the contract is the payment period selected by the customer during the order for the relevant service.
c: If the parties have not notified that the contract will expire at the end of the contract until 10 business days before the expiration of the contract, the contract will be extended for the duration of the previous contract with the same terms and provisions. (changes in wages are reserved.)
6- SALARY
a: The fee to be paid for the services specified in this contract is the amount specified during the order process. It is calculated by including VAT afterwards in the specified fees and the collection is realized by showing it to the customer.
b: Webkur reserves the right to make changes to prices and tariffs prospectively without prior notice. The customer accepts, declares and undertakes any changes that may occur in advance regarding these changes.
c: The fee is paid by converting it into Turkish Lira at the effective selling rate of the Central Bank on the invoice date.
d: The fee is obliged to pay from the credit card account if there is a credit card payment instruction during the order process until the end of the 5th business day from the invoice cut-off date, if there is no credit card payment instruction, to the bank account numbers specified in the customer contact address or to Webkur by hand.
e: In case of delay in payment, Webkur reserves the right to invoice the exchange rate difference.
f: Webkur reserves the right to close or open the relevant service until the customer completes the payment transaction.
g : As stated during the order, no refunds are made for domain/domain name, SSL certificates and server services (co-location, dedicated, vps virtual servers).
7- SUSPENSION
a: Webkur reserves the right to stop all services provided to the customer, e-mail, web, ftp accounts due to problems with payment, provision problems for customers with credit card payment orders or provisions and obligations.
b: During the continuation of this situation, e-mail, web, ftp access cannot be made on behalf of the customer and e-mail accounts are blocked and incoming e-mails are rejected.
c: The maximum CPU (Processor) and RAM (Memory) usage rate per site hosted on all our servers is 15%. User accounts exceeding 15% are suspended after the first warning.
d : It is forbidden to have content on our servers that violates both copyrights and T.C. laws. This content includes; Hack, Crack, Warez, Adult and MP3 content.
e : It is strictly forbidden to make bulk mail through our servers. The account with bulk mail will be warned. If mass mailing continues despite the warning, the relevant account will be stopped and the service will be terminated.
f: The security of all software on the server belongs to our customers. Our company is in no way responsible for any issues that may arise from Chmod 777 or any issues that may arise with your software.
g: Accounts found to be spamming (sending spam) and phishing on our servers are permanently closed following notification from the relevant institutions regarding these activities.
h: If the Site receiving service from our servers is infected with a virus or malicious code for any reason, the account is immediately closed for use and the user is informed. If this process is a virus or process made by the user unintentionally and unknowingly, the user is asked to clean the harmful codes on the site, after the removal of the harmful codes, the site is reopened for use. In such cases, if it continues again despite the warning, the site in question is removed from our servers and this site cannot be hosted on our servers again, and no refund fee is paid.
8 - SUPPORT
a: Support transactions are carried out through the support desk software on our website. Our company cannot be held responsible for support messages sent to us through other channels (e-mail, public sites, instant messaging systems, etc.).
b: Only the person who has made the purchase of that account can make a support request related to an account. 3. A support request cannot be forwarded or opened through third parties. Opened requests will not be taken into account.
c:Every transaction sent to the support desk by the account owner is done without question. Therefore, our company cannot be held responsible for the damage caused by users whose system login information is obtained by 3rd parties in any way.
The scope of technical support is limited to the infrastructure service provided. The scope of this infrastructure service is the hardware of the server used, the operating system and control panel software running on it, the main services connected to it (Web server, Mail server, FTP Server, etc.) and the network access of the server. Technical support of systems such as software and scripts to be installed on the service purchased from our company is outside the scope of our service.
d: Webkur offers support in line with the service it provides. It cannot request support other than hosting support from the support employee. Correspondence from the support system must comply with the rules of business ethics. Otherwise, Webkur has the right to terminate the contract.
8- TERMINATION
a: If the customer does not fulfill its responsibilities and commitments by acting contrary to any article of this contract or if it is determined that the information declared on the front of this contract is not correct, Webkur has the right to unilaterally terminate the contract without any notice and notice if the above-mentioned contract suspension continues for more than 7 days.
b: After the termination to be realized in this way, the customer; declares, accepts and undertakes that he / she cannot claim back the last contract fee he / she has paid regardless of the remaining period, and declares, accepts and undertakes to pay 5 times the commercial penal compensation of the precedent contract price in force on the date of termination.
c: The customer has the right to terminate this contract at the end of its term, without any justification, provided that it is notified in writing 10 days before the contract expires with the normal term.
d: In the event that the contract is terminated by the customer before the expiration of the contract, it declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the contract in advance and in advance.
10-BACKUP AND DATA LOSS
a: Accounts are backed up every Sunday as standard. An extra daily backup may be done on the server where you are located. Repeated backups overwrite previous backups, we may only keep backups for one week. Backups are done automatically by the automation system and are provided to you as a courtesy service.
b: Webkur is not responsible for your account data for any reason. Customers are responsible for storing and maintaining backups themselves.
11- CONTACT AND INFORMATION ADDRESSES
a: The parties have accepted, declared and undertaken to accept, declare and undertake the postal addresses specified in the order address as legal residence for all kinds of notifications arising from the subject contract.
b: All notifications made to these addresses shall be deemed to have been notified even if they are not received by the parties. Unless the changes of these addresses are notified to the other party in writing, the old addresses will be valid.
c: Webkur may send messages, information, letters, warnings, payment notices, account activity charts, account statements to the e-mail address allocated to the customer during the contract period. The customer cannot claim that such electronic messages have not been received or not received, and declares, accepts and undertakes that such messages will be deemed to have been legally notified 1 day after the date they are sent.
12- DEFAULT IN PAYMENT OF WAGES
a: If the customer does not make payment within 7 days following the application date for the services received, he/she shall be deemed to be in default. In this case, Webkur may issue a currency difference invoice or, if it wishes, may request 15% monthly delay interest from the invoice date. The customer declares and agrees to pay this delay interest and exchange rate difference invoice.
b: The customer declares, accepts and undertakes to pay 15% monthly default interest, penal clause up to 50% of the balance debt amount, 10% Attorney's Fees and all other legal expenses in case Webkur opens a lawsuit or enforcement proceedings for any receivables arising from this contract.
c: The customer declares, accepts and undertakes that Webkur is authorized to take an unsecured Precautionary Attachment and Precautionary Measure decision in case of application to the legal authorities for Precautionary Attachment and Precautionary Measure for the collection of receivables arising from this contract, but despite this, when the Courts request collateral, the commission and all kinds of fees arising from the letters of guarantee to be received from the Banks will be paid by them and they will not make any objection to these issues.
d: Payment reminder information is sent to the customer via email. The payment date is shown on the customer panel and it is the customer's responsibility to follow the payment time. The system automatically stops the service for payments not made within 7 days from the due date. In case of non-payment by the customer for the continuation of the service within 10 days following the last payment date and the service whose account is stopped, the relevant service is removed from Webkur servers. In such cases, the customer is responsible for any data loss that may occur.
13- AUTHORIZED COURTS AND ENFORCEMENT OFFICES
a: This contract consists of 13 articles and sub-headings and has been read, understood and signed by the parties. (Signing is deemed to have taken place when the order is sent to Webkur on the internet). Webkur may add new articles and / or subheadings, remove them or make changes to the articles if deemed necessary. The customer declares and undertakes that he/she accepts these changes in advance.
b: Izmir Courts and Enforcement Offices are authorized to resolve any disputes arising during the implementation of this contract.
c: Webkur reserves the right to make changes to the articles of this contract.