This English version is provided for convenience. In case of any discrepancy, the Turkish version prevails.
1- Parties
1.1: This agreement is entered into between VeriUP Bulut İnternet Hizmetleri Anonim Şirketi (hereinafter “Oweb”), which provides the services described in the services section (hereinafter the “Services”), and the individual or organization identified by the details provided in the new customer registration section (hereinafter the “customer”). It governs the use of the website operated by Oweb at http://www.oweb.net.tr - (.com.tr .net .org .gen.tr) (hereinafter the “site”) and the services purchased through the site, and is deemed to have been signed together with the terms and conditions below and the General Terms of Use.
1.2: The parties declare, accept and undertake that the information set out in this agreement is accurate.
2- Subject Matter
2.1: This agreement governs what the customer is and is not permitted to do in their transactions and orders on the site and in the messages they send, based on the information declared during registration; the fees payable to Oweb for the services purchased according to the preferences selected in their orders; and the manner in which these services are used. These services and transactions are described below.
2.2: Membership information is the information the customer declares when signing up. Since this information forms the basis of all transactions, the customer/member is assumed to have entered it completely, accurately and without error.
3- Responsibilities and Customer Obligations
3.1: Oweb will provide the services that the customer submits as an order at the customer's request. By sending the order acceptance message, Oweb acknowledges that it has collected the relevant fee and undertakes to provide the service specified in that order.
3.2: Oweb will inform the customer of the payment method and any VAT differences, together with the total amount calculated at the time of order, and of the fees payable according to the customer's choice of monthly, 3-month, 6-month, annual or 2-year billing.
3.3: Once the order has been accepted and the transactions confirmed, Oweb will send the customer all usernames and passwords for the service specified in the order details, and the service will be deemed to have started. Once delivered, the access credentials for the services are the customer's responsibility, and the customer will be liable for any damage or loss that may arise in this regard.
3.4: The customer undertakes to comply with the statements and warnings issued by Oweb in connection with the service or services they purchase. The customer declares, accepts and undertakes to comply with all warnings and notices published by Oweb while using its services. The customer may not distribute or sell to third parties, whether for a fee or free of charge and/or on a limited or unlimited basis, any services provided to them free of charge or without limits. In addition to this agreement, the “General Terms of Use” and the “Backup Agreement” govern the use of the services.
3.5: The customer undertakes not to use the software and programs available to them under the service to access files or programs they are not authorized to access, not to cause any problems in this way, and to compensate for any damage resulting from such problems.
3.6: The customer accepts and undertakes that any taxes, duties and similar charges in force while the services are used, or coming into force during the term of the agreement, are their responsibility and will be paid by them.
3.7: The customer accepts and undertakes that they are solely responsible for all files, documents and programs hosted under the service and for all activities carried out through the website and email services, and that they will bear all legal and criminal liability that may arise if such data, information and statements are unlawful. No fault may be attributed to Oweb for any problems arising in this regard. Oweb does not review, verify or endorse pages before they are published and accepts no responsibility whatsoever for pages created by the user. Oweb may terminate user accounts for violating these guidelines, for any other reason, or if Oweb believes an account is harmful to its own business or to that of any of its users. Oweb has the right to remove unlawful content and activities without notifying the customer as soon as it becomes aware of them.
3.8: Oweb cannot be held liable in any way for any material or non-material damage arising from the content of customer data stored within the service, from the erroneous or malicious use of such content, or from emails sent and received. The customer is responsible for backing up and storing all data. Oweb cannot be held liable for errors or for any material or non-material damage resulting from service interruptions, data loss or similar incidents.
3.9: Oweb will exercise due care in keeping regular backups of customer data, but cannot be held liable for any data loss the customer may suffer due to problems in this regard. The customer is responsible for regularly backing up their own data.
3.10: Oweb sets out the specific terms of use for each of its products and services on the web page dedicated to that product or service. By purchasing any of these services, the customer is deemed to have accepted the terms applicable to that service.
3.11: Oweb may change the features and prices of its products and services over time.
3.12: The customer must use the services in a way that does not harm other users. If such use is detected, Oweb may warn the customer and ask them to correct it, or may temporarily suspend the service without notice.
3.13: The customer continues to use the services on the understanding that all resources described as unlimited are unlimited provided that they are used in good faith and in accordance with the General Terms of Use. In cases such as excessive use of server resources or use of resources for purposes other than those intended, Oweb may warn the customer and ask them to correct it, or may temporarily suspend the service without notice. Such improper uses are described in the “General Terms of Use”.
3.14: Oweb will carry out the domain registrations ordered by the customer for which payment has been completed successfully. The customer is the owner of a domain name that has been registered, whose registration request has been accepted with the order, and whose fee has been paid. Oweb may perform operations on the domain name in line with the customer's requests. The customer will submit any requests to modify, change or transfer the domain name through the control panel as soon as possible.
3.15: Domain registrations, renewals and modifications are carried out through third-party software or manually. If the customer notices an error resulting from such operations, or receives a warning from the registrar, the customer must share this information with Oweb. Otherwise, Oweb is not responsible for any disruption, damage or loss that may occur.
3.16: For domain registration services, the customer is responsible for updating WHOIS information and keeping it accurate, for the domain password (EPP/auth code), and for the transfer lock.
3.17: Oweb has the right to change the terms and prices of its domain registration and transfer services without notice. Such changes may affect the next renewal price of domains that are already registered. If the customer does not wish to renew, or wishes to renew through another provider, they may do so within the framework of the rules set by ICANN and TRABİS.
3.18: If a customer does not renew a domain on time, Oweb suspends the domain as of its expiration date. The length of this suspension period depends on the time frame set by the domain's registry. During this period, the customer who purchased the domain can renew it by paying the annual renewal fee and regain the right to use it. If the domain is not renewed within this period, it enters the REDEMPTION PERIOD. During the redemption period, the former customer can recover the domain by paying a penalty fee, which varies by domain extension but averages USD 95 + 18% VAT. Once the redemption period has ended, domains that have not been recovered are at the discretion of the registry, and it is no longer possible to recover them through Oweb.
3.19: A domain is not a product that is sold; it is a service that grants the right of use for as long as the fee is paid. Therefore, if the fee is not paid before the domain expires, this right may pass to another person.
3.20: The customer accepts, declares and undertakes that, in the event of bulk email sending (spamming), phishing fraud, attacks on internal or external networks, or similar illegal activities or activities that may adversely affect Oweb's database, carried out through the server allocated to them, Oweb will disable the services without any further notice; that any fees paid up to that date will not be refunded under any circumstances; and that they may be liable to pay a contractual penalty equal to the minimum contract price. Within the scope of this responsibility, the customer must comply with the laws of the Republic of Turkey, the regulatory decisions of BTK (Information and Communication Technologies Authority), and the rules that Oweb has set or may set in the future.
4- Term
4.1: The rights and obligations of the parties under this agreement begin when the order and payment are submitted to Oweb online.
4.2: The term of the agreement is equal to the billing period the customer selected when ordering the relevant service.
4.3: Unless either party gives notice at least 10 business days before the end of the term that the agreement will end upon expiry, the agreement is renewed for a period equal to the previous term under the same terms and conditions (subject to any changes in fees).
5- Fees
5.1: The fee payable for the services covered by this agreement is the amount specified during the ordering process. The stated fees do not include VAT.
5.2: Oweb reserves the right to change its prices and rates prospectively without prior notice. The customer accepts, declares and undertakes in advance any changes that may occur in this regard. These changes are driven by inflation and exchange rates.
5.3: Oweb does not charge interest on late payments but reserves the right to do so.
5.4: Oweb reserves the right to deactivate or reactivate the relevant service until the customer completes the payment.
5.5: As stated during the order, domain registration fees are non-refundable.
6- Suspension
6.1: If there is a problem with payment, Oweb reserves the right to stop all services provided to the customer.
6.2: Sending bulk email through our servers is strictly prohibited. As soon as unsolicited advertising email (spam) is detected, the sending is stopped and the service is temporarily suspended.
6.3: Customers are responsible for the security of all software on the server. Our company is not responsible in any way for any issue arising from read/write or similar permissions or from your software.
6.4: All other terms of use are set out in detail in the “General Terms of Use”.
7- Termination
If the customer breaches any article of this agreement and fails to fulfill their responsibilities and commitments, if the information declared during registration is found to be incorrect, or if the suspension of the agreement described above continues for more than 7 days, Oweb has the right to terminate the agreement unilaterally without any warning or notice.
Following such termination, the customer declares, accepts and undertakes that they may not claim a refund of the last contract fee paid, regardless of the remaining term, and that they will pay a commercial contractual penalty equal to 5 times the comparable contract price in force on the date of termination.
The customer has the right to terminate this agreement at the end of its term, without giving any reason, provided that they give written notice 10 days before the agreement would normally expire or submit a service cancellation request through the Client Area.
If the customer terminates the agreement before the end of its term, the customer declares, accepts and undertakes to pay half (1/2) of the fees payable until the end of the term as a single lump sum in advance.
8- Contact and Notice Addresses
8.1: The parties accept, declare and undertake that the postal addresses specified in the order are their legal domiciles for all notifications arising from this agreement. Unless a change of address is notified to us in writing, the previous addresses will remain valid.
8.2: During the term of the agreement, Oweb may send messages, information, letters, warnings, payment notifications, account activity reports and account statements to the email address the customer provided when registering. The customer may not claim that such electronic messages were not received or did not reach them, and declares, accepts and undertakes that such messages will be deemed legally served 1 day after the date they are sent.
9- Default in Payment
9.1: If the customer fails to pay for the services within 7 days of the application date, they will be deemed to be in default. In this case, Oweb does not charge interest but may, at its discretion, charge late-payment interest of 15% per month from the invoice date. The customer declares and accepts that they will pay this late-payment interest.
9.2: The customer declares, accepts and undertakes that, if Oweb files a lawsuit or initiates enforcement proceedings for any receivable arising from this agreement, they will also pay late-payment interest of 15% per month, a contractual penalty equal to 50% of the outstanding debt, attorney's fees of 10%, and all other legal costs.
9.3: The customer declares, accepts and undertakes that, if Oweb applies to the competent authorities for a precautionary attachment or an interim injunction to collect its receivables arising from this agreement, Oweb is entitled to obtain such an order without providing security; that if the courts nevertheless require security, all commissions and fees arising from the letters of guarantee to be obtained from banks will be paid by the customer; and that the customer will not object to these matters.
9.4: If the customer does not pay within 5 (five) days despite reminders, Oweb reserves the right to suspend the service. Oweb cannot be held liable for services that have not been paid for, or that have been canceled and deleted.
9.5: In addition, for physical and virtual server rental services, the relevant services are suspended if the renewal fee is not paid and/or cannot be collected within 2 (two) calendar days after the service end date. If the renewal fee is not paid and/or cannot be collected within 10 (ten) days after the service end date, all data related to the service is deleted for security reasons and the service is automatically terminated and canceled. Oweb cannot be held liable for data loss in canceled services.
10- Prohibited Activities
The following activities are strictly prohibited when using the SERVICE PROVIDER's services. Although the SERVICE PROVIDER is not responsible for monitoring content, it reserves the right to stop, restrict or completely terminate users' services if it determines that any of these activities are being carried out.
10.1: Prohibited activities include any act or conduct that constitutes a crime under the law, including but not limited to those listed below.
a. Sending spam
Spam is the sending of bulk and/or commercial messages over the internet without the recipient's consent. Sending spam damages the commercial reputation and reliability of the SERVICE PROVIDER, and may also overload its systems and degrade the quality of the services provided to customers.
Those who use the relevant services of the SERVICE PROVIDER may not send spam, and may not operate their systems unprotected or open to use by third parties/organizations in a way that facilitates sending spam.
b. Crimes Against Intellectual and Artistic Works, Privacy and Personal Rights
This covers conduct against the intellectual and industrial property rights of individuals or organizations that constitutes a crime under the “Law on Intellectual and Artistic Works”, the “Trademark Law”, the “Turkish Commercial Code”, the “Law on the Protection of Patent Rights” and other relevant legislation, as well as crimes against the privacy of private life and personal rights.
c. Phishing Attacks
Phishing is the practice of deceiving users through fake web pages and emails in order to obtain a wide range of private information, from identity details, credit card information and bank account numbers to the online banking passwords for those accounts.
d. Illegal or Unauthorized Access to Other Computers and Networks
Attempting to access computers, user accounts or networks belonging to others by unauthorized or illegal means (hacking), and any other activities (port scans, stealth scans, etc.) that would enable illegal or unauthorized access to systems.
e. Activities Involving the Distribution of Viruses, Worms, Trojan Horses and Other Malware
Sending internet viruses or Trojan horses, or activities such as pinging, flooding and mail bombing that may disrupt other users' use of the SERVICE PROVIDER's network or of any other connected network, system, service or device.
f. Excessive Resource Usage on Shared Servers
As part of its hosting services, the SERVICE PROVIDER offers services on shared hardware platforms. If a website hosted under such a service generates excessive traffic or uses excessive resources, if email addresses used under the email hosting service send and/or receive excessive volumes of email, or if a virtual server used under the shared hosting service consumes excessive CPU or generates excessive traffic, the SERVICE PROVIDER reserves the right to suspend the service temporarily or indefinitely without prior notice, so that the services of other customers on the same hardware platform are not adversely affected.
11- Validity of the Agreement and Termination for Breach
11.1: Any changes made over time to this agreement, which the customer approved during their online application, will be communicated to the customer by publication on the website and/or by email. By continuing to use Oweb's services, the customer will be deemed to have accepted the amended terms.
11.2: The customer may terminate the agreement at any time before the renewal date of the service shown on the site, either by notifying us or by submitting a cancellation request through the Client Area.
11.3: Oweb may terminate the agreement unilaterally, without notice, for the following reasons:
a. The customer transferring, in whole or in part, the services they receive or the rights granted to them under this agreement without Oweb's written consent.
b. A bankruptcy decision against the customer, or the customer suspending payments.
c. The customer defaulting on payment for the services provided by Oweb, as set out in article 9.1.
d. If the customer breaches the terms set out in this agreement or in the “General Terms of Use”, Oweb may terminate the services provided to the customer without prior notice and/or terminate the agreement. In this case, fees paid in advance by the customer will not be refunded.
12- Dispute Resolution and Jurisdiction
12.1: This agreement consists of 11 main articles and their sub-clauses, and has been read, understood and signed by the parties. (Signature is deemed to take place when the order is submitted to Oweb through the site.) Oweb may add or remove articles and/or sub-clauses, or amend existing articles, whenever it deems necessary. Oweb notifies its customers of such changes by email, and the customer declares and undertakes that they accept these changes in advance.
12.2: The Istanbul Courts and Enforcement Offices have jurisdiction over any disputes arising from the performance of this agreement.
OWEB is an authorized reseller of DH Bulut Bilişim A.Ş., a TRABİS-accredited registrar, for the registration and management of .TR domain names. Registrar phone: 0850 303 3132
OWEB is an authorized reseller of DH Bulut Bilişim A.Ş., a TRABİS-accredited registrar, for the registration and management of .TR domain names. Registrar phone: 0850 303 3132
