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Service and Usage Agreement

HomepageService and Usage Agreement
TERMS OF SERVICE (TOS)
 
 
ARTICLE 1: PARTIES AND DEFINITIONS
 
This Agreement is entered into by and between the operating company ETESIO Teknoloji ve Yazılım, hereinafter referred to as the "Service Provider", "Company", "Site", "We", "Us", or "Our";
And the real person or legal entity who purchases the products and services of this Site, becomes a member, provides client panel access, and whose information is collected through the relevant form on the Site, hereinafter referred to as the "Customer", "User", "You", or "Your".
 
Personal information processed on our Site is processed in accordance with the applicable legislation on the protection of personal data. Regarding our web-based services, we hold the status of "data controller" solely with respect to those who open a user account and use our website, and this Privacy Policy is valid exclusively for the processing of data belonging to these individuals.
 
The Company holds the status of "Data Controller" against all real persons with whom it establishes contact and whose personal data it processes while conducting its commercial activities—primarily including employees, candidate employees, customers, suppliers, supplier employees, and visitors—and is obliged to fulfill its statutory obligations. This site fulfills these obligations through administrative measures taken via compliance and control tools, as well as technical measures at an appropriate and proportionate level.
 
  • Explicit Consent: Consent regarding a specific subject matter, based on information, and declared with free will.
  • Anonymization: Rendering personal data impossible to be associated with an identified or identifiable real person under any circumstances, even by matching it with other data.
  • Data Subject (Related Person): The real person whose personal data is processed.
  • Personal Data: Any information relating to an identified or identifiable real person.
  • Employee Accessing Personal Data: Employees who, by definition of their job description, process the personal data of data subjects on behalf of the organization.
  • Processing of Personal Data: Any operation performed upon personal data, such as obtaining, recording, storing, retaining, altering, reorganizing, disclosing, transferring, taking over, making available for collection, classifying, or preventing the use thereof, by fully or partially automated means or by non-automated means provided that it forms part of any data filing system.
  • Committee: The internal committee established within the organization in accordance with the "Directive on the Duties and Responsibilities of the Personal Data Protection Committee", tasked with duties such as monitoring all personal data processes carried out by the organization, its units, and employees, controlling compliance with policies, and conducting personal data processes on behalf of the organization.
  • Board: The Personal Data Protection Board.
  • Authority (Institution): The Personal Data Protection Authority.
  • KVKK: The Law on the Protection of Personal Data No. 6698.
  • Special Categories of Personal Data (Sensitive Personal Data): Data relating to race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, appearance and dress, membership of association, foundation or trade-union, health, sexual life, criminal conviction and security measures, as well as biometric and genetic data.
  • Data Processor: The real person or legal entity who processes personal data on behalf of the data controller, based on the authority granted by the data controller.
  • Data Filing System: The filing system where personal data is structured and processed according to specific criteria.
  • Data Controller: The real person or legal entity who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data filing system.
  • Joint Data Controller: Other data controllers with whom the organization shares personal data within the scope of its commercial and corporate activities, and jointly conducts processing activities over personal data during this sharing period.
  • Independent Data Controller: Other independent data controllers who process personal data belonging to the same individuals within the scope of their own commercial and corporate purposes.
 
ARTICLE 2: PURPOSE AND SCOPE
 
At the moment the CUSTOMER places an order through the website and checks the "I have read and agree" box in the electronic environment, the CUSTOMER shall be deemed to have irrevocably accepted all terms and conditions of this agreement. This Agreement governs the terms of use for shared hosting, reseller hosting, virtual/physical servers (VDS/Dedicated), domain name registration, and SSL services.
 
 
ARTICLE 3: SUBJECT AND ACCEPTANCE OF THE AGREEMENT
 
The CUSTOMER, at the moment of placing an order via the website and checking the "I have read and agree" box in the electronic environment, specifically accepts, declares, and undertakes all terms of this agreement, and further acknowledges that the risks associated with the use of this Site and the services found on this Site belong to themselves, and that this Site and the services found on this Site are provided "as is", "as available", and "with all faults".
 
Together with the article above, the declaration of intent shall be deemed as irrevocably accepted by the customer. This Agreement shall continue to remain valid and effective after the expiration of the agreement term, termination thereof, or cessation of the use of the services offered.
 
Your electronic acceptance of this Agreement shall mean that you have read, understood, agreed to, and accepted that the provisions of this Agreement are binding upon you.
The Company may change or renew this Agreement and the corporate policies and/or agreements incorporated into this agreement at any time.
 
 
 
ARTICLE 4: SERVICE PROVISION AND ACCEPTABLE USE POLICY (AUP)
 
The CUSTOMER undertakes to use the resources allocated to themselves solely in accordance with general e-commerce and web publishing standards, and the following limitations apply pursuant to global infrastructure standards:
 
  • Resource Usage (CPU/RAM): On shared servers, no website may occupy the total server processor (CPU) and memory (RAM) resources continuously for an extended period. Accounts that disrupt server stability due to script errors or excessive traffic spikes shall be suspended without prior notice.
  • Prohibition of Misuse: Hosting packages cannot be used under any circumstances for file storage, remote data backup space, download/upload centers, movie/music archives, or peer-to-peer (P2P/Torrent) file sharing.

 

ARTICLE 5: TERMS OF SERVICE
 
Only those who can form legally binding contracts under applicable laws may benefit from this Site and the Services found on this Site. By using this Site and the services found on this Site, you represent, declare, and warrant that you; (i) are at least eighteen (18) years of age, and/or (ii) otherwise possess the legal capacity to form legally binding contracts under applicable laws.
 
If you are executing this Agreement on behalf of any corporate entity, you represent, declare, and warrant that you possess the necessary legal authority to represent and bind the corporate structure in question according to the terms and conditions contained in this Agreement. In this case, the terms 'you', 'your', or 'User' shall refer to this corporate structure. If, after your electronic acceptance of this Agreement, it is detected by ETESIO.NET.TR that you lack the legal authority to bind the corporate structure in question, it is within your knowledge that you shall be personally liable for the obligations contained in this Agreement, including but not limited to payment obligations.
 
ETESIO.NET.TR shall not be held liable for any loss or damage resulting from its reliance on any instruction, notice, document, or similar communication reasonably believed to be genuine and originating from an authorized representative of your corporate structure. If there is a reasonable doubt regarding the authenticity of such instruction, notice, document, or communication,
 
ETESIO.NET.TR may additionally request you to confirm the authenticity of the information in question. However, this request for confirmation is not an obligation of ETESIO.NET.TR.
 
 
ARTICLE 6: DATA SECURITY
 
The CUSTOMER is obliged to regularly back up their own data; the COMPANY is not liable for any data loss that may occur.
 
 
ARTICLE 7: TRANSFER OF DATA
 
7.1. Customer Account: In order to access certain features of this Site or to use some of the Services found on this Site, you will need to create an account ('Account', 'Customer Account', 'Membership'). You represent, declare, and warrant to ETESIO.NET.TR that all information you submit when creating your Account is accurate, current, and complete, and that you will keep this information accurate, current, and complete. It is well known by the parties that if ETESIO.NET.TR has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, ETESIO.NET.TR reserves the right, in its sole and absolute discretion, to suspend or terminate your account.
 
7.2. Account Responsibility: You acknowledge and agree that you will be held responsible for all activities that occur under your Account, whether authorized by you or not, and you must strictly maintain the confidentiality of your Account information, including but not limited to your customer number/login ID, password, Payment Method(s) (as defined below), and security credentials. You must immediately notify ETESIO.NET.TR of any breach of security or unauthorized use of your Account. ETESIO.NET.TR will not be liable for any loss you incur due to any unauthorized use of your Account. However, you acknowledge and agree that you may be held liable for any loss or damage caused to ETESIO.NET.TR or third parties due to the use of your Account.
 
7.3. Legal and Judicial Data Sharing: By accepting this agreement, the CUSTOMER agrees, declares, and warrants that ETESIO.NET.TR—accepting all information provided during Account creation as accurate, current, and complete and relying on your commitment to keep it so—may share all your information with domestic or international Law Enforcement, Prosecutor's Offices, Courts, and other judicial or administrative authorities upon their formal requests. You hereby acknowledge that all information and documentation provided during or after the creation of your account may be submitted to the requesting individuals or authorities in responses to such demands, and you waive any claims or rights of action regarding any erroneous notifications that may occur due to technical glitches.
 
7.4. Legal and Information Demands: "Legal demands; information requests" received by ETESIO.NET.TR may originate from investigative authorities such as Law Enforcement and Prosecutor's Offices, as well as from prosecutorial or judicial bodies such as the Courts.
 
7.5. Free Services: ETESIO.NET.TR reserves the right to terminate or close any free services provided by ETESIO.NET.TR at any time. The CUSTOMER cannot claim any rights, compensation, or damages regarding free services that have been closed or terminated.
 
7.6. Client Verification: For both Individual and Corporate Customer accounts, ETESIO.NET.TR primarily accepts the customer’s first name, last name, and address details stated in the billing information as the authentic customer credentials. For Corporate Customer accounts, the full legal trade title and address details of the entity stated in the billing information shall be accepted by ETESIO.NET.TR as the authentic customer credentials. However, in both cases, if the Customer number/Membership ID and passwords assigned to the Individual or Corporate Customer are shared with third parties, and if these third parties present themselves as the Customer to ETESIO.NET.TR, its employees, or its remote support team and make various requests, ETESIO.NET.TR cannot be held liable for fulfilling such requests.
 
 
ARTICLE 8: GENERAL RULES
 
If any of the following activities are detected, the service will be permanently terminated without any refund and without prior notice, and all data will be deleted. The rules set forth below are accepted, declared, and warranted by the parties:
 
8.1. Lawful Use: The Customer shall use this Site, the Services found on this Site, and all content provided through them in full compliance with this Agreement and all applicable national and international laws, decrees, and regulations.
 
8.2. Impersonation Prohibited: The Customer shall not log into the site using the identity of another User or another real person or legal entity without prior specific written permission, and shall not present content on behalf of another User, individual, or entity without a power of attorney, written contract, or authorization document.
 
8.3. Privacy Infiltration: The Customer shall not compile, harvest, or utilize the User Content or any information belonging to another User, person, or entity that should not be disclosed to the public or concerns the private lives of such individuals, without obtaining their prior specific written consent (including personal data, or information, documents, data, and records that violate the privacy of private life).
 
8.4. Prohibited Dynamic Exploitations: This Site, the Services found on this Site, and the content therein (to be determined solely and absolutely at the discretion of ETESIO.NET.TR) shall not be used in the following manners:
 
 
THE SITE, SERVICES, OR CONTENT HEREIN CANNOT BE USED IN A MANNER THAT CONSTITUTES THE CRIMES LISTED PURSUANT TO ARTICLE 8 OF THE LAW NO. 5651 ON THE REGULATION OF PUBLICATIONS ON THE INTERNET AND COMBATING CRIMES COMMITTED THROUGH SUCH PUBLICATIONS:
 
  1. ARTICLE 8- (1): An access blocking order shall be issued regarding publications made on the internet environment where there is sufficient ground for suspicion that their content constitutes the following crimes:
  2. Sexual abuse of children (Article 103, paragraph 1 of the Turkish Penal Code - TPC),
  3. Facilitating the use of narcotics or stimulants (Article 190 of TPC),
  4. Provision of substances hazardous to health (Article 194 of TPC),
  5. Obscenity/Adult content (Article 226 of TPC),
  6. Prostitution (Article 227 of TPC),
  7. Providing space and opportunity for gambling (Article 228 of TPC),
  8. Crimes listed above.
    b) Crimes regulated under the Law No. 5816 of 25/7/1951 on Crimes Committed Against Atatürk.
THE SITE, SERVICES, OR CONTENT HEREIN CANNOT BE USED IN A MANNER THAT CONSTITUTES THE CRIMES SPECIFIED UNDER THE "CRIMES AGAINST HONOR" SECTION OF THE TURKISH PENAL CODE NO. 5237:
 
  • Insult (Article 125): Attacking a person's honor, dignity, and respectability by attributing a concrete act or fact that may offend their honor, dignity, and respectability, or by swearing.
THE SITE, SERVICES, OR CONTENT HEREIN CANNOT BE USED IN A MANNER THAT CONSTITUTES THE CRIMES SPECIFIED UNDER CHAPTER 10 ("CRIMES AGAINST PROPERTY") OF THE TURKISH PENAL CODE NO. 5237:
 
  • Theft (Article 141): Taking movable property belonging to someone else from its location without the consent of the possessor, in order to provide a benefit to oneself or someone else.
  • Qualified Theft (Article 142/2-e): Committing the offense of theft through the utilization of information systems (data/it/bilişim systems).
IN ADDITION, IT IS STRICTLY FORBIDDEN TO ACT IN THE FOLLOWING MANNERS:
 
  • In a manner that supports, promotes, or encourages illegal activities;
  • In a manner that exhibits, supports, or encourages defamatory, harassing, abusive, or slanderous behaviors;
  • Engaging in speech that incites hatred and hostility, committing the crime of provoking the public to hatred and hostility, engaging in terrorist activities, or executing, supporting, or encouraging violence against people, animals, or property;
  • Hosting Spam or Phishing websites, sharing hack/crack/warez content, transmitting unsolicited bulk emails, executing network piracy (hacking), cracking passwords, or acting in a way that supports or encourages these actions;
  • Violating the intellectual property rights of other Users, individuals, or corporate entities;
  • Violating the privacy of private life or personal rights of other Users, individuals, or entities, or breaching non-disclosure obligations you are bound to maintain against them;
  • Acting in a manner that disrupts or interferes with the operation of this Site or the Services found on this Site;
  • Using false, misleading, groundless, derogatory, or defamatory language, claims, or accusations regarding ETESIO.NET.TR or the Services of ETESIO.NET.TR.
Furthermore, the Customer shall not copy or distribute any part or the entirety of this Site, or the Services, Products, and Content found on this Site to any other environment without explicit written permission from the Site.
 
The Customer shall not modify, alter, or tamper with any part of this Site, the Services found on this Site, or any technologies related to this Site.
 
The Customer shall not access ETESIO.NET.TR Content or User Content through any technology or means other than those provided by the Site itself, or in ways different from those prescribed by ETESIO.NET.TR.
 
The Customer shall not use this Site or the Services found on this Site, including the related technologies of ETESIO.NET.TR, for any commercial utilization without obtaining the express prior written consent of ETESIO.NET.TR.
 
ETESIO.NET.TR reserves the right, at any time and without limitation, to modify, renew, alter a specific part of, or discontinue any aspect of this Site or the Services found on this Site, including but not limited to the prices and Service fees stated on this Site.
 
During the sale and delivery of ETESIO.NET.TR Services to the User, information regarding the service specifications is clearly disclosed. The User cannot claim any rights or demand compensation from ETESIO.NET.TR for any damages under the pretext that features not explicitly specified at the time of sale are not included within the scope of the respective service.
 
The Customer may conduct correspondence regarding orders, payments, and support services related to the services received solely via the email address registered in the system. Inquiries and requests originating from emails or phone numbers that do not contain the Customer's authentic data in the membership details will not be answered.
 
The Customer shall not exhibit behaviors directed at ETESIO.NET.TR employees, representatives, or other customers that involve insults, threats, defamation, derogatory language, belittling expressions, offensive tones, harassing communication, or actions that endanger employee safety or business workflow. Upon the detection of such behaviors, ETESIO.NET.TR reserves the right to immediately suspend or terminate the service, withhold any refunds, and initiate legal proceedings by recording the relevant correspondence.
 
 
ARTICLE 9: MONITORING OF ACCOUNT, ACCOUNT SUSPENSION AND TERMINATION
 
9.1. Content Monitoring: As a rule, ETESIO.NET.TR does not screen, monitor, or edit User Content (whether hosted on a website server maintained by ETESIO.NET.TR or transmitted to this Site) pursuant to Law No. 5651. Nonetheless, ETESIO.NET.TR reserves the right (but assumes no obligation) to monitor content and decide whether any element within the User Content complies with this Agreement. ETESIO.NET.TR may remove any portion of the User Content and/or terminate a User's ability to submit or publish content to this Site or the Services found on this Site at any time, without prior notice and in its sole and absolute discretion, to prevent the transmission or publication of any material that violates this Agreement (the content and nature of the infringing material shall be determined solely at the discretion of ETESIO.NET.TR).
 
9.2. Access Termination: ETESIO.NET.TR may also terminate a User's right to access this Site or the Services found on this Site if it has sufficient grounds to believe that the User repeatedly exhibits unlawful behaviors. In the event that ETESIO.NET.TR terminates your access to this Site or the Services found on this Site, ETESIO.NET.TR shall, in its sole and absolute discretion, have the right to delete or destroy all data and files stored on its servers.
 
9.3. Compliance with Regulatory Authorities: Furthermore, ETESIO.NET.TR is obliged to comply with the regulatory actions and additional obligations imposed upon it by the ICTA (Information and Communication Technologies Authority). It is well known by the parties that following compliance with such obligations, the Customer or User cannot claim any material or moral damages from ETESIO.NET.TR under any name or title whatsoever due to execution of these statutory requirements.
 
9.4. Refund Exception: In the event that the Agreement is terminated for any reason whatsoever, NO REFUNDS SHALL ABSOLUTELY BE ISSUED.
ARTICLE 10: UPDATES
This policy document shall be updated when the organization's personal data processing conditions, tools, purposes, and scope change, or when the parties with whom the personal data is shared change. Updates made to each article shall be maintained in a separate tracking table.
 
 
ARTICLE 11: INDEMNIFICATION
 
You agree to protect, defend, indemnify, and hold harmless ETESIO.NET.TR, its officers, employees, and agents from and against any and all claims, demands, costs, expenses, and all other damages that may arise out of or result from:
 
  • Your use of this Site or the Services found on this Site;
  • Your violation of any provision of this Agreement or the corporate policies and/or agreements incorporated herein;
  • Your violation of any third-party rights, including but not limited to any intellectual property right or proprietary rights.
The indemnification obligations under this section shall survive the expiration or termination of this Agreement, or your cessation of use of the Site or the Services found on this Site.
 
 
ARTICLE 12: RESOLUTION OF DISPUTES, JURISDICTION
 
This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Turkey, without regard to its principles of conflicts of law. For the resolution of any disputes arising from or in connection with this Agreement, the Central Courts and Execution Offices of Şanlıurfa, as well as the Central Courts and Execution Offices of Gaziantep, shall have exclusive jurisdiction over all lawsuits, legal proceedings, and enforcement actions.
 

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