Service and Usage Agreement

This page provides the structured version of the “Parties and Definitions” and “Subject, scope and party obligations” sections of the Service and Use Agreement for the services offered on www.sunucun.com.tr.

1. PARTIES AND DEFINITIONS

   1. This agreement is concluded between Sunucun Bilgi İletişim Teknolojileri ve Ticaret Ltd. Şti. (“Sunucun”), the service provider, and the customer (“Customer”) whose information is recorded by creating a user account or placing an order on the Site (www.sunucun.com.tr).
   2. Use of the Site and purchasing services via the Site constitute acceptance of this agreement and its annexes (the General Terms of Use, the Backup Agreement, the Privacy/KVKK texts, and the Cancellation–Refund Terms).
   3. Definitions:
      • Service(s): Domain name, web hosting (Shared), Reseller, WordPress/Corporate Hosting (Shared), VDS/VPS, Cloud Server, Dedicated Server, SSL/license, etc.
      • Shared Infrastructure: Hosting services where resources are jointly used by multiple users and no personal/dedicated resource guarantee is provided.
      • Account Credit/Wallet: The internal balance held in the customer panel that can be used only for Sunucun products/services.

2. SUBJECT AND SCOPE

   1. This agreement concerns the Customer’s transactions on the Site, the terms of use of purchased services, the fee/payment conditions, and the rights and obligations of the parties.
   2. The Customer is responsible for the accuracy and currency of membership/order information. Misrepresentation/omission may lead to suspension/termination of the service.

3. SUNUCUN’S OBLIGATIONS AND LIMITATIONS OF LIABILITY

   1. Sunucun sets up paid orders in accordance with the relevant service descriptions and provides the access information to the Customer.
   2. Sunucun is not obliged to pre-moderate user content. Pursuant to Law No. 5651 and related legislation, upon becoming aware of unlawfulness, content/accounts may be suspended or terminated without notice.
   3. Backups and Data Responsibility: The ultimate responsibility for backing up/recording all data lies with the Customer. Sunucun’s free/paid backup processes are based on good faith and reasonable efforts and do not constitute a guarantee of continuous backup, integrity, or restoration. Sunucun cannot be held liable for data/backup loss due to hardware/software failure, human error, cyber incidents, third-party outages, or force majeure.
   4. Shared Infrastructure and E-mail Delivery: Web Hosting/Reseller/WordPress/Corporate Hosting services operate on shared infrastructure and do not constitute a personal/dedicated resource allocation. E-mail delivery is subject to recipient server policies/RBL lists/filters; inbox delivery is not guaranteed. SPF/DKIM/DMARC configuration for the domain is the Customer’s responsibility.
   5. Product/service scopes and fees may be updated prospectively (as announced on the Site).

4. CUSTOMER’S OBLIGATIONS

   1. The Customer shall comply with applicable legislation, this agreement and its annexes, and Sunucun’s announcements. Free/unlimited services may not be transferred/distributed to third parties (whether for consideration or free of charge).
   2. The Customer shall not attempt to access files/programs without authorization and is liable for any resulting damages.
   3. All taxes, duties and similar financial obligations are borne by the Customer.
   4. The Customer is solely responsible for the lawfulness of hosted content and shall comply with the KVKK and personal data protection obligations. (With respect to such data, Sunucun is, in most scenarios, a data processor; where necessary, a separate Data Processing Agreement (DPA) is executed.)

5. SERVICE-SPECIFIC CONDITIONS

   5.1) Shared Hosting and Reseller Policy

   • “Unlimited” designations are subject to fair-use principles; use for storage/archiving/sharing purposes is prohibited.
   • Upon detecting excessive resource usage/neighbour impact, Sunucun may apply warnings, limits, traffic shaping, or suspension.
   • Functions beyond the standard PHP functions offered in the control panel may not be provided; SSH access is not granted; functions such as exec/escapeshellarg/popen/proc_open may be disabled.
   • Park/Alias domains are for mirror publication only; proof of ownership lies with the Customer.

   5.2) Domain Name Transactions

   • Registration is made in the Customer’s name; the accuracy of whois, transfer lock, and security of EPP codes are the Customer’s responsibility.
   • Expired domains may be suspended/fall into RGP depending on the registry operator’s procedures and may be subject to redemption fees. (ICANN/TRABİS rules apply.)

   5.3) Network Usage – FUP for VDS/VPS, Cloud and Dedicated Servers

   • Burst/Instant Traffic: Physical port capacity is 10 Gb/s; short-term/instantaneous traffic needs may be met on a burst basis.
   • Sustained Bandwidth: For continuous usage (per Sunucun’s measurement at the 95th percentile/≥5-minute averaging), symmetric 100 Mb/s is provided.
   • Above 100 Mb/s: Sustained bandwidth requirements above 100 Mb/s may be provided for an additional fee subject to infrastructure availability (current tariffs apply).
   • Fair Use and Security: In cases of persistently high traffic adversely affecting the infrastructure/other users, Sunucun may, without prior notice, apply traffic shaping, speed/port limits, temporary suspension, or termination. Temporary restrictions due to operator/backbone policies, DDoS/abuse complaints, or security risks shall not constitute a service level breach.

6. FEES, BILLING AND ACCOUNT CREDIT

   1. Service fees are shown at the time of order; prices are exclusive of VAT.
   2. Sunucun may update prices prospectively.
   3. Until payment is completed, the relevant service may be disabled/not activated.
   4. Account Credit/Wallet is non-refundable and can only be offset against Sunucun services (except in cases of clear accounting error).

7. SUSPENSION AND TERMINATION

   1. In cases of payment delay, abuse (spam/phishing/malware/network attack, license violation, etc.) or breach of contract, the service may be suspended without notice.
   2. Bulk e-mailing is prohibited on shared infrastructure; upon violation, the account is immediately disabled.
   3. If suspension exceeds 7 days, or in cases of misrepresentation or material breaches, Sunucun may terminate unilaterally; no refund is made and penalty clause provisions may apply.

8. TERM, RENEWAL AND TERMINATION

   1. The agreement enters into force upon Sunucun’s receipt of the order and payment information.
   2. The term corresponds to the billing period selected in the order.
   3. Unless either party notifies the other at least 10 business days prior to expiry, the agreement is renewed on the same terms (price updates reserved).
   4. For termination at the end of the term, the Customer may create a “Cancellation Request” via the control panel or send a request from the registered official e-mail address.

9. DEFAULT AND DATA DELETION

   1. Failure to pay within 7 days following the application constitutes default; default interest and collection costs may be claimed.
   2. For VDS/VPS/Cloud/Dedicated servers, if no payment is made by day 2 after the due date, the service is paused; on day 10, data deletion may be carried out for security reasons. Deleted data cannot be restored; Sunucun cannot be held liable.

10. PROHIBITED ACTIVITIES AND ABUSE

    1. Activities such as spam, phishing, unauthorized access, malware distribution, piracy/warez, illegal broadcasting, crypto mining, gambling, etc. are prohibited. Upon detection, Sunucun may restrict/suspend/terminate the service.
    2. For commercial electronic messages, Law No. 6563 and the Message Management System (İYS) processes apply; opt-in/opt-out management obligations remain in force.

11. KVKK AND REGULATORY COMPLIANCE

    1. Sunucun complies with the KVKK (Law No. 6698) and other personal data protection obligations and operates within the framework of its information notice and technical/organizational measures. The Customer fulfils its obligations as a data controller for its own data and, where necessary, executes a Data Processing Agreement (DPA) with Sunucun.
    2. Pursuant to Law No. 5651 and secondary regulations, Sunucun, as hosting provider, may retain relevant traffic data for statutory periods and disclose them to competent authorities.

12. FORCE MAJEURE AND DISCLAIMER

    1. Sunucun shall not be held liable for disruptions arising from force majeure, including natural disasters, fire, war, strike/lockout, cyber-attacks, general communications infrastructure failures, power outages, or legal/administrative acts.
    2. Services are provided “as is” and “as available”; no express or implied warranties of fitness for a particular purpose, uninterrupted service, performance, or delivery are given. (Where a specific SLA is committed, only that SLA shall apply.)

13. NOTICES, JURISDICTION AND MISCELLANEOUS

    1. The addresses specified by the parties in the order are their addresses for service; changes are subject to written notice.
    2. Notices sent by Sunucun to the registered e-mail address shall be deemed delivered on the day following dispatch.
    3. Amendments to this agreement may be announced on the Site and/or by e-mail; continued use of the service constitutes acceptance of such amendments.
    4. For disputes arising from this agreement, the Courts and Enforcement Offices of Istanbul shall have jurisdiction.
    5. This agreement shall be applied together with the General Terms of Use, the Backup Agreement, the Cancellation–Refund Terms, and the Privacy/KVKK texts as an integral whole.

14. COMPETITOR ALIGNMENT & REGULATORY BASIS (SUMMARY)

    • Law No. 5651 (hosting provider obligations, traffic records, access blocking procedures).
    • KVKK Law No. 6698 (data controller/processor distinction; technical/organizational measures; information obligations).
    • Law No. 6563 and İYS (commercial electronic messages; consent/opt-out management).