Service and Usage Agreement

1- Parties

1.1: This agreement shall be deemed executed between NETHUB TELECOMMUNICATION INTERNET SERVICES (referred to as Nethub), providing the services specified in the services section of this contract (referred to as Services), and the individual/entity specified in the New Customer Registration section with the details provided (referred to as Customer). The agreement encompasses the use of the website operating at https://www.nethub.com.tr/ (referred to as Site), owned by Nethub, and the purchase of services through this site, all subject to the terms and conditions outlined below.

1.2: The parties hereby declare, accept, and undertake the accuracy of the information written in this contract.

2- Subject

2.1: This agreement regulates the permissions granted and withheld by the customer on the website, in their transactions, orders, messages, and registration processes, based on the information provided during these interactions. It further stipulates the fees the customer will pay to Nethub in exchange for the services they choose according to their preferences in their orders. The descriptions of these services and transactions are outlined below. 2.2: Membership information refers to the details entered by the customer during the registration process. Since these details will serve as the basis for conducted transactions, it is assumed that the customer and member enter this information accurately, without errors or omissions.

3- Responsibilities

3- Responsibilities 3.1.1: Nethub will provide the services specified by the customer as an order upon request. Upon acceptance of the order confirmation message, Nethub acknowledges receipt of the relevant fee and commits to providing the service specified in the respective order.

3.1.3: Following the acceptance of the order and confirmation of the transactions, Nethub will transmit to the customer the control panel, FTP, SQL, and e-mail usernames and passwords related to the service specified in the customer's order details. The service will commence upon this transmission. The responsibility for the respective accounts and passwords lies with the customer, and any loss or damage arising from these matters will be the customer's responsibility.

3.1.4: The customer commits to complying with the statements and warnings provided by Nethub within the scope of the services received. The customer declares, accepts, and undertakes to adhere to any warnings or notifications issued by Nethub while benefiting from hosting and domain accounts. The customer cannot distribute or sell the free and unlimited services provided to them as part of the hosting service, whether to third parties for a fee or free of charge, or with limited or unlimited access.

3.1.5: The customer pledges not to access files or programs without authorization using the software and programs they possess within the scope of the service. They commit to refraining from creating any problems due to such unauthorized access, and to indemnify any damage arising from potential issues and problems.

3.1.7: The customer acknowledges being solely responsible for all files, documents, and programs hosted within the service, as well as all operations related to the website and e-mail services. They accept and undertake to bear all legal and criminal responsibilities arising from the illegality of the data, information, and statements, and agree that any issues arising in this regard cannot be attributed to any fault on the part of Nethub.

Nethub does not review, verify, endorse, or assume any responsibility for pages before they are submitted. Nethub does not take any responsibility for pages created by the user. Nethub reserves the right to terminate user accounts if they violate these terms or for any other reason, including situations deemed harmful to Netdirekt's own business or the business of any of its users. Nethub also reserves the right to delete content without notifying the customer once it becomes aware of any actions or content that violate the law.

3.1.8: Nethub cannot be held responsible for any material or moral damages arising from the misuse of customer data, content, or data used in emails within the services it provides. The responsibility for the backup and storage of this data lies with the customer. Nethub will regularly back up and maintain all customer data in an organized manner. However, Nethub is not responsible for errors, damages, or losses resulting from interruptions or data loss that may occur in Nethub services. While Nethub includes email accounts in its regular backups, the "messages" within these email accounts are backed up once every three months. During weekly backups, email messages are excluded from the backup process. It is recommended that customers regularly back up these messages using a POP3-supported software (such as Outlook, etc.). Unless otherwise specified in the contract text, the responsibility for backing up this data rests with the customer.

3.1.9: Nethub will process domain name registration procedures that have been ordered by the customer and whose payments have been successfully completed. While our systems send reminder emails during domain name registration processes, the responsibility for tracking the domain name renewal process lies with the customer. The customer is the owner of the domain name that has been registered and accepted through the order, with the corresponding fee paid. Domain names acquired through campaigns and promotions can be transferred after the next payment period has elapsed. Nethub can perform transactions on the domain name based on the customer's requests in this regard. The customer will promptly make any adjustments, changes, and transfer requests related to the domain name.

3.2.0: Nethub performs email cleanups every three months to prevent excessive email accumulation on the servers. Therefore, emails older than three months are automatically deleted from our servers. It is advisable to back up your important emails using software such as Outlook.

3.2.1: Unless otherwise specified, all our hosting packages have a daily email sending limit of 350 emails per domain. Accounts sending more than 350 emails within 24 hours will have their email flow suspended.

3.2.3: Nethub limits all Hosting and E-Mail packages to 100,000 objects (Inodes). It reserves the right to suspend accounts that exceed this limit.

3.2.5: Nethub has the authority to disable any feature causing a security vulnerability without prior approval if it detects a security vulnerability that could compromise server integrity in all shared hosting packages.

3.2.6: Payments made for pre-application of .tr domain extensions will be credited to the customer's account if the applications are not accepted. The customer is considered to have accepted this condition before completing the payment. Making a pre-application does not guarantee the registration of the domain name.

3.2.7: The customer is deemed to have read the regulations and procedures specified in the Internet Domain Names Regulation and Internet Domain Names Communiqué published by the BTK (Information and Communication Technologies Authority) regarding .tr domain extensions and has pre-accepted all responsibilities in this regard.

3.2.8: When the customer places an order for a .tr domain name containing Turkish characters, they acknowledge that it will be translated according to the IDN system and accept that not all browsers support this extension.

3.2.9: The customer acknowledges in advance that in the event of the cancellation of .tr domain orders for any reason by the Information and Communication Technologies Authority (BTK), no refund will be granted for the domain names.

4- Duration

4.1: This agreement commences when the orders and payment transactions are submitted to Nethub through online means, and the specified rights and obligations of the parties begin at that time.

4.3: If the parties have not given notice that the contract will terminate at the end of the contract period at least 10 business days before the expiration of the contract, the contract will automatically extend for the same terms and conditions as the previous contract period (subject to changes in fees).

5- Fee

5.1: The fee to be paid for the services specified in this agreement is the amount indicated during the order process. The specified fees are calculated by adding VAT afterward, displayed to the customer, and collected accordingly.

5.2: Nethub reserves the right to make changes to prices and tariffs in the future without prior notice. The customer acknowledges, declares, and undertakes in advance to accept any changes that may arise regarding these modifications.

5.3: The fee is converted into Turkish Lira at the effective selling rate of the Central Bank on the invoice date and paid accordingly.

5.4: The fee must be paid by the customer either through the credit card account, if payment instructions with a credit card are given during the order process, within the 5th business day from the invoice issuance date, or to the bank account numbers specified in the customer's contact address or in person to Nethub if there are no credit card payment instructions.

5.5: In case of payment delay, Nethub reserves the right to issue a foreign exchange difference invoice.

5.6: Nethub reserves the right to suspend or activate the relevant service until the customer completes the payment process.

5.7: No refunds are provided for domain names, SSL certificates, and server services (co-location, dedicated, VPS virtual servers) as specified during the ordering process.

6- Suspension

6.1: In the event of payment issues, problems with credit card payment instructions, or due to provisions and obligations, Nethub reserves the right to suspend all services provided to the customer, including email, web, and FTP accounts.

6.2: During this period, access to email, web, and FTP on behalf of the customer will be restricted, and email accounts will be blocked, resulting in the rejection of incoming emails.

6.3: The maximum CPU (Processor) and RAM (Memory) usage per site hosted on all our servers is limited to 15%. User accounts exceeding this limit will be suspended after the initial warning.

6.4: It is strictly prohibited to host content on our servers that violates copyright laws or Turkish Republic laws. This includes content related to Hack, Crack, Warez, Adult, and MP3.

6.5: The security of all software on the server is the responsibility of our customers. Our company is not responsible in any way for issues arising from Chmod 777 or any other issues related to your software.

6.6: Accounts detected for spamming (unwanted email sending) and phishing on our servers will be permanently closed following notifications from relevant authorities related to these activities.

7- Termination

If the customer violates any provision of this agreement, fails to fulfill their responsibilities and commitments, or if it is determined that the information provided on the front side of this agreement is not accurate, and if the suspension of the contract continues for more than 7 days as indicated above, Nethub has the right to unilaterally terminate the agreement without the need for any warning or notice.

After termination takes place in this manner, the customer acknowledges, accepts, and undertakes that they cannot request a refund of the last contract fee paid, regardless of the remaining period. Furthermore, they declare, accept, and undertake to pay a commercial penalty equal to 5 times the prevailing contract fee at the termination date.

The customer has the right to terminate this agreement at the end of its term by giving a written notice at least 10 days before the normal expiration of the contract, without providing any reasons.

In the event of termination by the customer before the expiration of the contract term, the customer declares, accepts, and undertakes to pay half of the fees payable until the end of the contract term in a lump sum and in advance.

30 days after the expiration of the contract term, Nethub has the right to delete files associated with the account.

Even if hosting services are suspended due to payment-related reasons, invoices will continue to be generated if the server's data is not retrieved from the data center. The customer declares, accepts, and undertakes to pay all incurred invoices.

8- Contact and Information Addresses

8.1: The parties have agreed, declared, and undertaken that the postal addresses specified in the order addresses are considered as legal residences for any kind of notification arising from the subject of this agreement.

8.2: Any notification made to these addresses will be deemed delivered even if it does not reach the parties. Changes related to these addresses will only be valid if communicated in writing to the other party; otherwise, the old addresses will remain valid.

8.3: Nethub may send messages, information, notices, payment notifications, account transaction statements, and account statements to the customer's assigned email address during the contract period. The customer acknowledges, accepts, and undertakes that they cannot claim non-receipt or non-delivery of these electronic communications and that these communications will be legally considered delivered one day after the date of sending.

9.2: In the event Nethub initiates legal or execution proceedings for any kind of receivable arising from this agreement, the customer declares, accepts, and undertakes to pay monthly late payment interest, penalty clause equal to 50% of the outstanding debt amount, legal fees at a rate of 10%, and all other legal expenses.

9.3: In the event the customer resorts to legal authorities for the collection of receivables arising from this agreement, and if Nethub is authorized to obtain provisional attachment and precautionary measure decisions without providing collateral, the customer declares, accepts, and undertakes that, if required by the Courts, they will cover the commissions and all kinds of fees arising from obtaining collateral letters from banks, and they will not object to these matters.

10- Competent Court and Enforcement Offices

10.1: This agreement, consisting of 11 articles and subheadings, has been read, understood, and signed by the parties (considered signed when the order is sent to Nethub in the online environment). Nethub may add, remove, or modify articles and/or subheadings as deemed necessary. The customer declares and undertakes to accept these changes in advance.

10.2: In the resolution of any disputes arising during the implementation of this agreement, the courts and enforcement offices in Izmir are authorized.