1- Parties
1.1: This agreement is made between VeriUP Bulut İnternet Hizmetleri Anonim Şirketi (hereinafter referred to as "Oweb"), which provides the services specified in the services section, and the person/institution (hereinafter referred to as "customer") specified with the details in the new customer registration section, regarding the use of the website operating at http://www.oweb.net.tr - (.com.tr .net .org .gen.tr) (hereinafter referred to as "site") belonging to Oweb and the services to be purchased through this site, and will be deemed to have been signed with the terms and conditions specified below and the general terms of service use.
1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.
2- Subject
2.1: This agreement will regulate the sections that the customer is permitted to make and not to make in line with the information declared in the registration process in their transactions, orders, messages sent on the site, the fees to be paid to Oweb in return for the services they will receive in accordance with their preferences in their orders, and the usage of these services. These service and transaction descriptions are as follows.
2.2: Membership information is the information declared by the customer while becoming a member. Since this information will be based on the transactions made, it is assumed that the customer/member has entered this information completely, accurately and correctly.
3- Responsibilities and Customer Obligations
3.1: Oweb will provide the services transmitted as an order upon the customer's request. With the message of acceptance of the order, Oweb will accept that it has collected the relevant fee and will undertake to provide the service specified in the subject order.
3.2: The payment method, VAT differences will be specified with the total amount to be extracted during the order, and the fees that the customer must pay according to their monthly, 3-month, 6-month, annual or 2-year payment preferences will be notified by Oweb.
3.3: After the order acceptance and confirmation of transactions, Oweb will transmit all 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 access information belonging to the relevant services belongs to the customer after being transmitted to the customer, and the customer will be responsible for any damage and loss that may arise from these issues.
3.4: The customer undertakes to comply with the declarations and warnings received by Oweb within the scope of the service or services received. The customer declares, accepts and undertakes to comply with any warning or notification published by Oweb while benefiting from its services. The customer cannot distribute or sell the services provided as free and unlimited to third parties as paid or free and/or limited or unlimited. In addition to this agreement, "general service terms" and "backup agreement" are essential for service usage.
3.5: The customer undertakes not to access files or programs that they do not have the right to access by using the software and programs they have within the scope of the service, not to create any problems due to such a problem, and to cover the damage in problems and issues that may occur.
3.6: The customer accepts and undertakes that taxes, duties and similar obligations that are in force during the use of the services received or that will come into force during the contract period belong to them and will meet them.
3.7: The customer accepts and undertakes that they are personally responsible for all files, documents and programs hosted within the service, all transactions to be used and benefited from with the website and e-mail services, and to personally cover all legal and penal liabilities that may arise from the illegality of the said data, information and statements. No fault can be transmitted to Oweb regarding problems that may arise in this regard. Oweb does not review, verify, endorse or take any responsibility for pages made by the user in any way before pages are sent. Oweb may terminate user accounts because they violate these outlines or for any other reason or because Oweb believes it is harmful to its own or any of its users' business. Oweb has the right to delete unlawful acts and actions without notifying the customer as soon as it learns about them.
3.8: Oweb cannot be held responsible in any way for material or moral damages that may arise from the content of customer data contained in the service provided, the erroneous / malicious use of this content, and e-mail data sent and received. The customer is responsible for backing up and storing all data. Oweb cannot be held responsible for errors, material or moral damages that may occur in cases such as interruption or data loss in its services.
3.9: Oweb will show the necessary care and importance for the regular keeping of customer backups, but cannot be held responsible for data losses that the customer may suffer due to problems that may occur in this regard. The customer is obliged to save their own data regularly.
3.10: Oweb specifies the special usage conditions for the products and services provided on the web page prepared specifically for the product and service. When the customer purchases any of these services, they are deemed to have accepted the conditions belonging to that service.
3.11: Oweb may make changes in features and prices in the products and services provided over time.
3.12: The customer is obliged to use the services received in a way that does not harm other users. Oweb may warn the customer to correct such uses or may temporarily suspend the service without giving information.
3.13: The customer continues their service by accepting that all resources specified as Unlimited in the services used are unlimited if they use them in accordance with good will and general usage conditions. In cases such as excessive use of server resources or use of resources outside their purpose, Oweb may warn the customer to correct it or may temporarily suspend the service without giving information. These uses outside of purpose are specified in the "general service terms".
3.14: Oweb will carry out domain registration procedures ordered by the customer and for which payment has been made without any problems. The owner of the domain name registered and accepted with the order and for which the fee is paid is the customer. Oweb will be able to perform transactions on the domain name in line with the customer's demands in this regard. The customer will make an arrangement, change and transfer requests on the domain name as soon as possible via the control panel.
3.15: Domain registration, renewal or arrangement transactions are made through 3rd party software or manual transactions. In case of errors that may arise from such transactions, if the user notices the error or a warning is made by the registrar company, the customer is obliged to share these notifications with Oweb. Otherwise, Oweb is not responsible for any disruption, loss or damage that may occur.
3.16: The responsibility of changing and ensuring the accuracy of whois information, domain registration password responsibility, transfer lock responsibility belongs to the customer in domain registration services.
3.17: Oweb has the right to change the provision conditions and prices in domain registration and transfer services without prior notice. These regulations may affect the next renewal prices of existing registered domains. If the customer does not want to renew or wants to renew through a different company, in this case, they have the right to take action within the framework of the rules set by ICANN and Trabis.
3.18: Oweb suspends domains for customers who do not perform renewal processes on time in domain services as of the expiration date. This suspension process varies according to the time determined by the registrar of the domain. During this time, the customer who purchased the domain can renew the domain by paying the annual renewal fee and regain the right of use. If the domain is not renewed within this period, the domain will fall into the REDEMPTION PERIOD. In this process, the old customer who wants to buy the domain again can take it back by paying the penalty fee, which is on average 95 + 18% VAT US Dollars, although the value changes according to the domain extension. After the redemption period, the process is now at the initiative of the main registrar company for domains not taken, and after this process, it is not possible to take back the domain through Oweb.
3.19: Domain services are not a product sold, but a form of service for which the right of use is obtained as long as the fee is paid. Therefore, if the fee is not paid within the expiration periods of the domain, this right may pass to another person.
3.20: The customer accepts, declares and undertakes that services will be disabled by Oweb without further notice in cases of mass e-mail sending (spamming), fraud with phishing, attacks on internal or external networks and similar illegal activities or situations that will negatively affect Oweb's database over the server allocated to them, and that the fees they have paid until that date will not be refunded in any way and that they may be subject to penalty payment as much as the minimum contract price. Within this responsibility, the customer is obliged to comply with the T.C. laws, the regulatory actions of BTK (Information Technologies and Communication Authority), and the rules set and to be set by Oweb.
4- Duration
4.1: The specified rights and obligations of the parties begin with the transmission of the order and payment transactions to Oweb from the Internet environment.
4.2: The contract duration is as much as the payment period chosen by the customer during the order for the relevant service.
4.3: If the parties have not warned that the contract will expire at the end of the term until 10 working days before the end of the contract, the contract is extended by the previous contract period with the same terms and conditions. (Changes occurring in the fee are reserved.)
5- Fee
5.1: The fee to be paid in return for the services specified in this contract is the amount specified during the order process. VAT is not included in the specified fees.
5.2: Oweb reserves the right to make prospective changes on prices and tariffs without prior notice. The customer accepts, declares and undertakes the changes that may occur in advance regarding these changes. The reasons affecting the change are inflation and exchange rate.
5.3: In case of delay in payment, Oweb does not apply interest but reserves the right to apply.
5.4: Oweb reserves the right to close or open the relevant service until the customer completes the payment process.
5.5: No refund is made in domain registration transactions as stated during the order.
6- Suspension
6.1: In case of problems regarding payment, Oweb reserves the right to stop all services provided to the customer.
6.2: Sending mass mail via servers is strictly prohibited. As soon as advertising mail sending called SPAM is detected, the process is stopped and the service is temporarily suspended.
6.3: The security of all software on the server belongs to our customers. Our company is not responsible in any way for any issue that may arise from read and write permissions and similar permissions or related to your software.
6.4: All other usage conditions are detailed in the "general service terms" agreement.
7- Termination
Oweb has the right to terminate the contract unilaterally without any need for warning and notice if the customer acts contrary to any article of this contract and does not fulfill their responsibilities and commitments, if it is determined that the information declared while registering is not correct, or if the suspension of the contract specified above continues for more than 7 days.
After such termination, the customer declares, accepts and undertakes that they cannot request back the last contract fee paid regardless of the remaining time, and to pay commercial penal compensation 5 times the precedent contract price in force on the date of termination.
The customer has the right to terminate this contract at the end of the term on the condition of giving written notice 10 days before the normal expiration of the contract without showing any reason or sending a service cancellation request from the customer control panel.
In case of termination by the customer before the termination of the contract, the customer declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the contract at once and in cash.
8- Communication and Information Addresses
8.1: The parties have accepted, declared and undertaken the postal addresses specified in the order address as legal residence for all kinds of notifications arising from the subject contract. Unless changes belonging to these addresses are notified to us in writing, old addresses will be valid.
8.2: Oweb may send messages, information, letters, warnings, payment notifications, account activity charts, account statements to the e-mail address declared by the customer while registering within the contract period. The customer cannot claim that the said electronic messages were not received or did not reach them, and declares, accepts and undertakes that the said messages will be deemed to have been legally notified 1 day after the date they were sent.
9- Default in Payment of Fee
9.1: If the customer does not make a payment within 7 days following the application date for the services received, they are deemed to be in default. In this case, Oweb does not apply interest but may request a monthly 15% delay interest from the invoice date if it wishes. The customer declares and accepts to pay this delay interest.
9.2: The customer declares, accepts and undertakes to pay monthly 15% delay interest, penal clause of 50% of the balance debt amount, 10% attorney's fee and all other legal expenses in case Oweb opens a lawsuit or enforcement proceeding for any kind of receivable arising from this contract.
9.3: The customer declares, accepts and undertakes that Oweb is authorized to take uncollateralized Precautionary Attachment and Precautionary Measure decision if they apply to legal authorities for Precautionary Attachment and Precautionary measure for the collection of their receivables arising from this contract, but despite this, when collateral is requested by the courts, commissions and all kinds of fees arising from letters of guarantee to be obtained from banks will be paid by themselves and they will not object to these issues.
9.4: If the customer does not make the payment within 5 (five) days despite warnings, Oweb reserves the right to suspend the service. Oweb cannot be held responsible for services whose payment has not been made, cancelled and deleted.
9.5: In addition, in physical and virtual server rental services; relevant services are paused if payment regarding service renewal fees is not made and/or collections cannot be realized within 2 (two) calendar days following the service end date. In case payment regarding service renewal fees is not made and/or collections cannot be realized within 10 (ten) days following the service end date, all data related to the relevant service is deleted for security reasons and the service is automatically closed and cancelled. Oweb cannot be held responsible for data loss in cancelled services.
10- Prohibited Activities
Performing the following activities using SERVICE PROVIDER services is strictly prohibited. Although the SERVICE PROVIDER does not have the responsibility to check the content, it reserves the right to stop, restrict or completely terminate the services belonging to users if it is determined that these activities are performed.
10.1: Prohibited activities cover any action and behavior that is legally considered a crime, including but not limited to those listed below.
a. Spam sending
Spam is the sending of mass and/or commercial messages via the internet without the request of the recipient. Spam sending damages the commercial reputation and reliability of the SERVICE PROVIDER as well as may cause its systems to be exposed to overloads and the quality of services provided to customers to decrease.
Those who receive relevant services from the SERVICE PROVIDER cannot send Spam, cannot run their systems unprotected and open to the use of 3rd Persons/institutions in a way that facilitates Spam sending.
b. Crimes Against Intellectual and Artistic Works, Private Life and Personal Rights
Behaviors that may be committed against intellectual and industrial rights belonging to persons or institutions and that constitute a crime within the scope of "Law on Intellectual and Artistic Works", "Trademarks Law", "Turkish Commercial Law", "Law on Protection of Patent Rights" and other relevant legislation, and crimes against privacy of private life and personal rights are within this scope.
c. Phishing Attacks
Phishing is the capture of many private information ranging from identity information, credit card information, bank account numbers to internet passwords belonging to this account by deceiving users via fake internet pages and e-mails.
d. Unauthorized Access to Other Computers and Networks via Illegal Ways
Trying to access computers, user accounts or networks belonging to others via unauthorized or illegal ways (hacking) and other activities (port scan, stealth scan etc.) that will enable illegal or unauthorized access to systems.
e. Activities Related to Virus, Worm, Trojan Horse etc. Harmful Distribution
Sending internet viruses, trojan horses or activities like pinging, flooding, mailbombing that may cause disruption in other users using the SERVICE PROVIDER network or other connected network, system, service or device.
f. Excessive Resource Usage on Shared Servers
Within the scope of hosting services, SERVICE PROVIDER has services provided over shared hardware platforms. In cases where a website that is live within this service creates excessively intense traffic or excessive resource usage, intense e-mail sending and/or receiving is made from e-mail addresses used within the scope of e-mail hosting service, the virtual server used within the scope of shared hosting service uses excessive processor or creates excessive traffic, SERVICE PROVIDER reserves the right to stop the service for a short time or indefinitely without prior notice so that the services of customers receiving service over the same hardware platform are not negatively affected.
11- Validity of the Contract and Termination for Breach
11.1: Changes to occur over time in this contract approved by the customer during online application will be notified to the customer by publishing on the website and/or via e-mail. By continuing to use Oweb services, the customer will be deemed to have accepted the changed contract terms.
11.2: The customer can terminate the contract by notifying at any time until the renewal date of the service received specified on the site or by sending a cancellation request via the customer control panel.
11.3: Oweb may unilaterally terminate the contract without notice due to the following reasons.
a. Transferring the services being received or the rights granted to them by this contract completely or partially without obtaining Oweb's written agreement
b. Bankruptcy decision taken against the customer or suspension of payments
c. The customer defaulting on paying the price of the services provided by Oweb as stipulated in article 9.1.
d. In case the customer violates the conditions specified in this contract or "general service terms", Oweb may terminate the services provided to the customer without prior notice and/or terminate the contract. In this case, the refund of fees paid in advance by the customer is not performed.
12- Resolution of Disputes and Competent Court
12.1: This contract consists of 11 main articles and subheadings, and has been read, understood and signed by the parties. (Signing is deemed to have taken place with the sending of the order from the site to Oweb). Oweb may add, remove new articles and/or subheadings or make changes on articles if deemed necessary. Oweb notifies these changes to its customers via e-mail and the customer declares and undertakes that they accept these changes in advance.
12.2: Istanbul Courts and Enforcement Offices are authorized in the resolution of all kinds of disputes that will arise during the implementation of this contract.
OWEB is authorized dealer of TRABİS approved registrar DH Bulut Bilişim A.Ş. in registration and management of .TR extension domain names. Registrar Phone; 0850 303 3132
OWEB, .TR uzantılı alan adları tescil ve yönetiminde TRABİS onaylı kayıt kuruluşu DH Bulut Bilişim A.Ş. yetkili bayisidir. Kayıt Kuruluşu Telefon; 0850 303 3132
