SERVICE AND USAGE AGREEMENT
1. PARTIES:
1.1. This agreement and its terms ("Agreement") are entered into between the group of companies conducting international sales, marketing, accounting, and invoicing operations under “Naymanlı Bilgisayar Bilişim İnternet Teknolojileri ve İnşaat San. Tic. Ltd. Şti.” (Akdeniz Caddesi 1347 Sokak No:8 Anba İş Merkezi Kat:5/507 Konak, İZMİR - PK:35210) and managing R&D, call center, and support operations under the same “Naymanlı Bilgisayar Bilişim İnternet Teknolojileri ve İnşaat San. Tic. Ltd. Şti.” (0 232 487 70 70), hereinafter referred to as "EGESET," and the individual or legal entity (hereinafter referred to as the "CUSTOMER") who has registered and provided their information on the website www.egeset.com (hereinafter referred to as the "site/website"). The Agreement is accepted under the terms outlined below.
By accepting this Agreement, you acknowledge that you have read, understood, and agreed to the corporate and privacy policies, additional service agreements, and terms published on the website, and you accept that this Agreement is binding.
1.2. The Parties declare, undertake, and guarantee that the information they have provided in this Agreement and on the website is accurate, valid, and belongs to them.
2. EFFECTIVE DATE AND TERM OF THE AGREEMENT:
The Agreement takes effect upon the CUSTOMER’s registration on the website and is indefinite unless otherwise specified or an additional agreement is made. Regardless of the CUSTOMER’s payment period, the Agreement is indefinite unless otherwise stated. EGESET reserves the right to amend the Agreement online without prior or subsequent notice when deemed necessary. The amended Agreement and its provisions will be binding on both existing and new CUSTOMERS after publication.
3. SUBJECT AND SERVICES OF THE AGREEMENT:
3.1. This Agreement governs the facilities, rules, payment, and default conditions provided by EGESET for orders placed by the CUSTOMER through the website. The services covered by the Agreement and their definitions are as follows:
3.2. Domain Name Registration: This refers to the application, registration, and/or transfer of an internet address on behalf of the CUSTOMER, in accordance with the rules of the global domain authority (ICANN) for international domains and O.D.T.Ü. for .TR domains, as well as the renewal of such registrations.
3.3. Hosting: This is the service of hosting the CUSTOMER’s website on EGESET’s internet-accessible servers.
3.4. Dedicated Server: This refers to the rental of a physical server owned by EGESET, leased to the CUSTOMER.
3.5. Co-Location: This refers to the hosting of a physical server owned by the CUSTOMER within EGESET’s infrastructure for publishing purposes.
3.6. Cloud Server: This refers to the rental of a virtual private dedicated server within EGESET’s internet and hardware infrastructure.
3.7. SSL: This is a website security key. The SSL certificate obtained from EGESET can be used on sites hosted on EGESET’s servers or on other hosting services or servers.
3.8. PCI Scanning: This refers to the service of conducting and reporting security tests on the CUSTOMER’s website or server in accordance with internationally recognized standards.
3.9. Cloud Drive: This refers to internet-based centralized data storage, accessible from multiple devices for storage and usage.
4. SERVICE DESCRIPTION:
The core service provided by EGESET to the CUSTOMER is the hosting and publication of the CUSTOMER’s website(s) on EGESET’s servers over the internet. The CUSTOMER may subscribe to web hosting, reseller hosting, dedicated server, co-location, cloud server, cloud drive, SSL, and domain registration services individually or collectively under this Agreement.
By initiating and using these services, the CUSTOMER agrees to comply with EGESET’s agreements, policies, and procedures, as well as the binding laws and regulations of the Republic of Turkey.
4.1. Subject to the terms and conditions of this Agreement, EGESET will provide services with maximum continuity and consistency, utilizing all reasonable resources throughout the Agreement’s duration. The CUSTOMER acknowledges that services may be unavailable or inoperable due to, but not limited to, the following circumstances:
4.2. Force majeure (natural disasters such as earthquakes, fires, floods, and other human-related disasters), hardware failures, periodic maintenance, repairs or updates/upgrades performed by EGESET to ensure continuity and stability, interruptions or failures in telecommunication and transmission lines, malicious attacks, network congestion, unexpected physical network cable breaks, routing or device issues in communication lines, and other reasons beyond EGESET’s control or foresight.
4.3. EGESET will make every reasonable effort to ensure the continuity of the services provided to the CUSTOMER.
4.4. Reseller web hosting services are subject to the terms and conditions of this Agreement. With the “Reseller Web Hosting” service, EGESET grants the CUSTOMER (RESELLER) non-transferable reseller rights for the sale of certain services. The CUSTOMER will have access to wholesale pricing and control panel (Plesk, cPanel/WHM) usage rights, and will be responsible for the hosting accounts hosted under this service and the operations conducted within these accounts. The CUSTOMER is obligated to provide support to their own customers for the services hosted under these accounts.
4.5. Hosting/Server migration services may not be available for every site/server. The migration service only includes transferring data from the previous service provider to EGESET’s services (hosting, cloud server, dedicated server, co-location, etc.). EGESET is not responsible for data integrity or accuracy during or after the transfer, nor for issues, settings, maintenance, or updates arising from the site’s software. EGESET provides this service to complete data transfers quickly using its high-speed internet connection and capacity. Post-transfer settings, configurations, additional installations, or error/issue resolution are the CUSTOMER’s responsibility. Unless otherwise specified, this service is provided free of charge and is not considered part of or integral to the newly acquired or ongoing service. Therefore, no cancellations, refunds, or terminations of the existing or newly acquired service are allowed due to migration/transfer issues.
5. FEES:
5.1. By placing an order through the website, the CUSTOMER agrees to pay all fees and charges for the ordered service/product. Unless otherwise specified, no fees or charges will be refunded if the service is suspended, terminated, paused, canceled by the CUSTOMER, or otherwise interrupted before the service term expires. The CUSTOMER cannot cancel the service/product or demand a refund during the payment period of the ordered and paid service/product.
5.2. EGESET reserves the right to change fees and tariffs without prior notice and with prospective effect. The CUSTOMER acknowledges and accepts EGESET’s authority to make such changes.
5.3. If the fee is specified in a foreign currency, it will be converted to Turkish Lira based on the Central Bank of Turkey’s effective selling rate on the invoice date.
5.4. The fee must be paid by the end of the third day following the issuance of the preliminary invoice. If the CUSTOMER has provided a Credit Card Payment Instruction (Mail Order/Virtual POS), the fee will be charged to the credit card account. If no Credit Card Payment Instruction exists, the CUSTOMER is obligated to pay the Agreement fee to the bank accounts specified on EGESET’s website or via their CUSTOMER panel using a credit card.
5.5. For delayed payments, EGESET may issue invoices for late payment interest or exchange rate differences.
5.6. EGESET reserves the right to suspend or not initiate services until the CUSTOMER makes the payment.
5.7. In cases of delayed payments, the CUSTOMER acknowledges that, after payment is made at a later date, EGESET may unilaterally terminate the services without notice or reason at the end of the service term.
5.8. If the CUSTOMER fails to pay the preliminary invoice for the renewal of the Agreement/service by the due date, their account will be closed within 3 days, and they will not be entitled to request any backups or rights.
5.9. If the CUSTOMER fails to comply with the terms and conditions of the Agreement/service, the provided services will be terminated, and no refund will be requested or provided.
5.10. If the CUSTOMER fails to pay the fees for newly initiated or expired services, EGESET may terminate the services and the Agreement. In such cases, previously paid fees will not be refunded.
5.11. The CUSTOMER may terminate the Agreement at any time by providing 5 business days’ notice via fax, mail, and/or email. In such cases, previously paid fees will not be refunded. However, the CUSTOMER is obligated to pay any outstanding fees committed to until the end of the Agreement term.
6. RIGHTS AND RESPONSIBILITIES OF THE PARTIES:
6.1. The CUSTOMER shall not engage in behavior that harms EGESET’s customers, commercial reputation, or credibility. In such cases, EGESET reserves the right to terminate the Agreement.
6.2. By accepting this Agreement, the CUSTOMER undertakes not to act contrary to the laws, regulations, decrees, and general morals of the Republic of Turkey in email communications, web publications, and all transactions related to this subscription. The CUSTOMER acknowledges and undertakes that they are fully responsible for the content of their own or their customers’ web pages, FTP, and other internet services.
a.) Prohibited content on Shared Hosting and Reseller Hosting services includes:
b.) Prohibited materials on Dedicated Server, Co-Location, Cloud Server, and Virtual Private Server services include:
Even if not explicitly mentioned above, any publications that violate laws, regulations, or decrees or contain criminal elements are prohibited. In such cases, EGESET may terminate the Agreement.
The CUSTOMER is responsible for ensuring the security of scripts, programs, and files installed in their account and for properly setting access permissions for directories.
All infrastructure equipment, networks, and network devices used by EGESET to provide services are authorized solely for the CUSTOMER’s use. EGESET may periodically monitor its systems for lawful reasons to ensure authorized usage, facilitate system management, protect against unauthorized access, verify security procedures, ensure sustainability, and confirm operational security. During this process, information may be reviewed, recorded, or copied, and the CUSTOMER accepts these activities.
6.3. SERVER RESOURCE USAGE LIMITATIONS
The CUSTOMER must comply with the following resource usage limitations for Shared Hosting and Reseller Hosting services:
6.3.1. Cannot use 25% or more of system resources for longer than 90 seconds.
6.3.2. Cannot run Cron-Job tasks more frequently than every 10 minutes.
6.3.3. Cannot run Internet Relay Chat (IRC) programs or scripts.
6.3.4. Cannot run any game servers (e.g., Half-Life, Counter-Strike, etc.).
6.3.5. Cannot run P2P or Torrent clients or publishers.
6.3.6. Sites without an SSL certificate cannot activate or use the HTTPS protocol.
6.3.7. Bulk email sending is prohibited.
6.3.8. Unless otherwise specified, all servers have an hourly email sending limit of 200 emails.
6.3.9. Unlimited and unthrottled resources are provided to avoid additional billing, but disk or inode limits may be applied when necessary.
EGESET reserves the right to refuse service to any requester.
If the terms specified in the service agreement are not adhered to, and the CUSTOMER fails to respond within forty-eight (48) hours to an information email from EGESET, accounts may be permanently deleted. Misused services or issues must be negotiated via email and responded to within forty-eight (48) hours, otherwise accounts may be closed.
All EGESET CUSTOMERS and resellers are responsible for all actions performed under their accounts.
6.4. The CUSTOMER cannot distribute or sell unlimited, restricted, or limited resources within their Web Hosting/Reseller Hosting service to third parties.
6.5. The CUSTOMER agrees not to access, use, or harm EGESET’s systems or other CUSTOMERS’ proprietary programs and files without permission using the assigned service, control panel, FTP, SSH, RDP, TELNET, or similar access.
6.6. The CUSTOMER declares that all taxes, fees, and similar obligations arising from domain registration, hosting services, or server services, whether currently in effect or enacted in the future, are their responsibility and will be paid by them.
6.7. EGESET periodically backs up web hosting and reseller hosting accounts. However, these backups are not for CUSTOMER use but are intended to prevent data loss in case of technical failures or disasters. The CUSTOMER is responsible for backing up their own data.
6.8. EGESET does not provide backup, error resolution, or panel issue resolution services for Dedicated Server, Co-Location, VDS Server, Cloud Server, or Virtual Private Server services unless the CUSTOMER has subscribed to the additional “server management and backup service.” In such cases, the CUSTOMER is responsible for backups and error resolution.
6.9. Regardless of the service, the CUSTOMER is responsible for backing up their data. For terminated services, unrenewed services, or closed services, the CUSTOMER is responsible for obtaining backups or data, and EGESET has no obligation to provide data to the CUSTOMER for closed services.
7. UNLIMITED/LIMITLESS AND OTHER WEB HOSTING ACCOUNTS USAGE PROCEDURE AND FAIR USAGE:
The usage principles and guidelines for “Unrestricted,” “Unlimited,” and all other shared web hosting and reseller hosting accounts are as follows:
7.1. The CUSTOMER will use Unrestricted/Unlimited accounts and other web hosting accounts to publish websites and may not engage in excessive traffic or disk space consumption that exceeds fair usage. To avoid additional billing for exceeding limits, fair usage controls are implemented for unlimited packages. The CUSTOMER will not use these accounts for archiving, storage, downloading, uploading, distributing paid or free email services, or distributing/selling paid or free websites, website space, subdomains, databases, or similar services. Files in accounts detected to be in violation may be permanently deleted, and permanent restrictions may be imposed.
7.2. Unlimited disk space in Unrestricted/Unlimited accounts and other web hosting accounts does not mean infinite usage. It is provided to avoid additional billing for the CUSTOMER. However, unlimited disk space cannot be used for storage, file retention, archiving, bot-driven image or content collection, or hosting accounts with large content such as portals or news sites. Content unrelated to the website’s usage, images, games, movies, music, compressed/uncompressed large files, or ISO files cannot be stored. Files in accounts detected to violate fair usage may be permanently deleted, and permanent restrictions may be imposed.
7.3. Bandwidth/Traffic usage in Unrestricted/Unlimited accounts and other web hosting accounts is provided to prevent disruptions to the CUSTOMER’s site due to traffic. However, these accounts cannot be misused for video sharing, downloads, image sharing, hosting files for external access or downloads, or other practices not specified here. Accounts detected to violate fair usage may be permanently deleted, and permanent restrictions may be imposed.
7.4. Email accounts in Unrestricted/Unlimited accounts and other web hosting accounts cannot be used for email archiving, storage, retention, or distributing free email services. If the CUSTOMER accumulates emails on the server, they must periodically download them via POP3 connection. Email data in accounts detected to violate fair usage may be permanently deleted, and permanent restrictions may be imposed.
7.5. Database usage in Unrestricted/Unlimited accounts and other web hosting accounts must be related to the hosted site and must be of acceptable size for publishing a standard website. Fair usage conditions may apply to databases larger than 2GB. Accounts detected to violate fair usage may be permanently deleted, and permanent restrictions may be imposed.
7.6. Unrestricted/Unlimited accounts are designed to protect customers from additional charges for disk, email, database, subdomain, etc. usage. They are planned to prevent additional billing due to overages. “Good faith usage” is the basis, and in cases of misuse, EGESET reserves the right to permanently remove data from the server, permanently restrict accounts, or refuse further service to protect other customers’ publications.
8. STORAGE, BACKUP, AND SECURITY:
8.1. EGESET makes every effort, investment, and operates systems to protect, publish, and back up all CUSTOMER data. However, EGESET does not accept responsibility for errors or losses in data hosted within its infrastructure. Data backup is the CUSTOMER’s responsibility.
8.2. The CUSTOMER assumes the risk of loss or damage to their service during the service term. The CUSTOMER is responsible for maintaining the confidentiality of their passwords and account information. The CUSTOMER is responsible for any content, actions, omissions, and necessary precautions related to or performed under their account or using their passwords.
8.3. The CUSTOMER shall not, under any circumstances, disrupt or harm the functionality or confidentiality of EGESET’s services, its customers, published websites, or servers through their account or services.
8.4. The CUSTOMER shall not operate any site or application within any service (site, server, etc.) that could disrupt the services of EGESET or its customers.
9. SUSPENSION OF THE AGREEMENT:
9.1. If the CUSTOMER fails to pay the service fees by the due date, fails to pay exchange rate or late payment invoices on time, or if credit card authorization cannot be obtained on the relevant date, all services provided to the CUSTOMER will be fully suspended without exception. Incoming email accumulation processes will also be suspended.
9.2. EGESET does not accept responsibility for material or immaterial losses resulting from the inaccessibility of suspended CUSTOMER services.
9.3. If contact cannot be established with the CUSTOMER within 3 business days from the due date, or payment is not made, services will be terminated, and all data and backups will be permanently deleted. No data will be provided to the CUSTOMER.
10. TERMINATION AND COMPENSATION RIGHTS:
10.1. If the CUSTOMER violates any provision of this Agreement, fails to fulfill their responsibilities and undertakings, or if the information declared on the EGESET website is found to be inaccurate, or if the conditions specified in Article 9 persist, EGESET has the right to unilaterally terminate the Agreement without notice.
10.2. In the event of such termination, the CUSTOMER declares, accepts, and undertakes that they cannot demand a refund of the last paid Agreement fee regardless of the remaining term and will pay a commercial penalty equivalent to three times the equivalent Agreement fee in effect at the time of termination.
10.3. The CUSTOMER has the right to cancel the Agreement and service at the end of the service term without providing a reason. No refunds will be provided for excess amounts arising from services canceled before the end of the service or Agreement term.
10.4. If the CUSTOMER terminates the Agreement or service before the end of the term, they declare, accept, and undertake to pay the full fees due until the end of the Agreement term in advance.
10.5. EGESET reserves the right to terminate the Agreement and service at any time during or at the end of the term without providing a reason.
10.6. The CUSTOMER is responsible for backing up, imaging, transferring, or obtaining data related to terminated services.
11. LEGAL ADDRESS FOR NOTIFICATIONS AND EMAIL:
11.1. The Parties declare that the postal address provided by the CUSTOMER during registration on the EGESET website is considered their legal domicile for all notifications arising from this Agreement.
11.2. All notifications sent to these addresses will be deemed delivered, even if they do not physically reach the Parties. Unless address changes are updated on the EGESET website, the addresses recorded in EGESET’s records will be considered current and valid.
11.3. During the service and Agreement term, EGESET may send messages, information, notices, warnings, payment notifications, or account statements to the CUSTOMER’s declared email address. The CUSTOMER acknowledges, declares, and undertakes that they cannot claim that such electronic communications were not received or did not reach them and that such communications are legally deemed delivered one day after being sent.
12. VALIDITY OF EGESET RECORDS:
12.1. In disputes arising from this Agreement, the CUSTOMER acknowledges, declares, and undertakes that EGESET’s records, ledgers, microfilm, microfiche, invoices, emails, computer records, EGESET’s sent electronic communications, and records stored on EGESET’s servers from the CUSTOMER’s internet activities are valid, binding, definitive, and primary evidence under Article 287 of the Code of Civil Procedure. This provision constitutes an evidence agreement, and the CUSTOMER waives in advance any objections to these records or their proper maintenance and the right to offer an oath.
13. COMPETENT COURTS AND EXECUTION OFFICES:
13.1. This Agreement, consisting of 13 articles and their subheadings, is fully accepted by the Parties upon reading it online, placing an order through EGESET’s website, and the commencement of the service. EGESET may add or remove articles or subheadings or amend existing ones as deemed necessary. The CUSTOMER is deemed to have accepted future amendments to this Agreement.
13.2. For the resolution of any disputes arising from the implementation of this Agreement, the Courts and Execution Offices of İZMİR are competent.
Update: June 1, 2020 - Monday
PERSONAL DATA AND GENERAL PRIVACY AGREEMENT
Naymanlı Bilgisayar Bilişim İnternet Teknolojileri ve İnşaat San. Tic. Ltd. Şti. has a set of principles for the protection of its Customers' privacy rights.
However, obtaining customer information by others generally occurs through malicious individuals directly deceiving the customer, phishing, obtaining passwords with keyloggers, or solving easily guessable customer passwords.
Firstly, we emphasize that our customers should create complex passwords that are not the same as their username, do not contain their own and their relatives' names, surnames, village or town names, are not easily guessable like birth dates or vehicle license plates, and consist of uppercase and lowercase letters, numbers, and special characters.
Our main principles for the protection of your privacy are;
In our services, INFORMATION SECURITY is essential; it is our duty to store your data and provide it to your visitors/consumers in a healthy and continuous manner.
Update: 01.06.2020 - Monday