1 ) Parties
1.1: ) This agreement is between Sunucun Bilgi İletişim Teknolojileri ve Ticaret Ltd. Şti. (“Sunucun”) providing the services listed in the services section (hereinafter referred to as “Services”) and the person/institution specified with details in the new customer registration section (hereinafter referred to as “customer”). This agreement governs the use of the website operating at http://www.sunucun.com.tr (hereinafter referred to as “site”) and the purchase of services from this site under the terms and conditions specified below and the general terms of service.
1.2: ) The parties declare, accept, and undertake that the information written in this agreement is accurate.
2 ) Subject
2.1: ) This agreement regulates the parts that the customer is allowed to do and not do based on the information provided during registration, the fees to be paid to Sunucun for the services to be received according to the preferences in their orders, and the use of these services. The descriptions of these services and transactions are as follows.
2.2: ) Membership information is provided by the customer during registration. It is assumed that the customer/member has entered this information correctly, completely, and accurately, as it will be the basis for the transactions made.
3 ) Responsibilities and Customer Obligations
3.1: ) Sunucun will provide the services requested by the customer as an order. With the acceptance of the order, Sunucun will confirm that it has received the relevant fee and will undertake to provide the service specified in the order.
3.2: ) The payment method and VAT differences will be specified along with the total amount to be paid during the order process, and the fees to be paid monthly, quarterly, semi-annually, and annually will be notified to the customer by Sunucun.
3.3: ) After the acceptance of the order and approval of the transactions, Sunucun will provide the customer with all usernames and passwords related to the service specified in the order, and the service will commence. The responsibility for the access information related to the services rests with the customer from the moment it is delivered, 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 from Sunucun within the scope of the services they receive. The customer declares, accepts, and undertakes to comply with all warnings or notifications published by Sunucun while using the services. The customer cannot distribute or sell the services provided for free and unlimited, whether paid or free, limited or unlimited, to third parties. In addition to this agreement, the "general service terms" and "backup agreement" are essential for the use of the service.
3.5: ) The customer undertakes not to access files or programs to which they do not have access rights using the software and programs they own within the scope of the service, not to create any problems due to such an issue, and to compensate for any damage and problems that may occur.
3.6: ) The customer accepts and undertakes that the taxes, fees, and similar obligations that are or will be in effect during the use of the services they receive are their responsibility.
3.7: ) The customer accepts and undertakes that they are responsible for all files, documents, and programs hosted within the service, all transactions they will use and benefit from with the website and e-mail services, and will bear all legal and criminal liability arising from the violation of laws by the said data, information, and declarations. No fault can be attributed to Sunucun for issues that may arise in this regard.
3.8: ) Sunucun does not review, verify, endorse, or take any responsibility for pages made by users. Sunucun may terminate user accounts that violate these guidelines or for any other reason or if Sunucun believes they are harmful to itself or any of its users. Sunucun has the right to delete any content it learns to be illegal without notifying the customer.
3.9: ) Sunucun is not responsible for the content of the customer data within the service, for the incorrect/malicious use of this content, or for any material or moral damages that may arise from the sent and received e-mail data. The responsibility for backing up and storing all data lies with the customer. Sunucun is not liable for any errors, material, or moral damages that may occur in the event of interruptions or data loss that may occur in its services.
3.10: ) Sunucun will show the necessary care and importance to ensure that the customer's backups are kept regularly, but it cannot be held responsible for data loss due to issues that may occur. The customer is responsible for regularly saving their data.
3.11: ) Sunucun specifies the special usage conditions for the products and services it provides on the specially prepared web page for the product and service. When the customer purchases any of these services, they are deemed to have accepted the conditions related to that service.
3.12: ) Sunucun may change the features and prices of the products and services it provides over time.
3.13: ) The customer is obliged to use the services they receive in a way that does not harm other users. Sunucun may warn the customer to correct such uses or temporarily suspend the service without notice.
3.14: ) Web Hosting and Reseller Hosting Usage Policy:
3.14.1 ) Unlimited Disk Space: The unlimited disk space provided in our web hosting and reseller hosting services is only intended for hosting active websites. These services cannot be used for storage or archiving purposes.
3.14.2 ) Usage Restrictions: Users benefiting from the unlimited disk space service should not use more than 50 GB of disk space for hosting website content. This limit is set to protect service quality and optimize website performance.
3.14.3 ) Prohibition on Storage Use: Disk space should only be used for hosting website content. Uses for file storage, backup, archiving, or similar storage purposes are strictly prohibited. If such uses are detected, the service may be suspended or terminated without prior notice to the user.
3.14.4 ) Special Conditions for Reseller Hosting: Users of reseller hosting services are also responsible for ensuring that their sub-customers comply with this usage policy. If sub-customers use the service for storage purposes, the reseller account owner will be held responsible.
3.14.5 ) Legal Compliance: This policy is prepared in compliance with the laws and regulations of the Republic of Turkey. Users are obliged to act in accordance with the applicable laws while using the services.
3.14.6 ) Policy Updates: Our company reserves the right to update this usage policy when necessary. Updates will be announced through our website and notified to users.
3.15: ) The customer continues to use the service by accepting that all resources specified as Unlimited are unlimited provided they use them in good faith and in accordance with general usage conditions. In cases of excessive use of server resources or use outside the intended purpose, Sunucun may warn the customer to correct it or temporarily suspend the service without notice. These uses outside the intended purpose are specified in the "general service terms".
3.16: ) Sunucun will carry out domain name registration processes ordered and paid for by the customer without any problems. The owner of the registered and ordered domain name whose fee is paid is the customer. Sunucun can perform operations on the domain name in accordance with the customer's requests. The customer will make any arrangement, change, and transfer requests on the domain name via the control panel as soon as possible.
3.17: ) Domain name registration, renewal, or arrangement processes are carried out through third-party software or manual processes. In the event of errors arising from these processes, if the user notices the error or is warned by the primary registrar company, the customer is obliged to share these notifications with Sunucun. Otherwise, Sunucun is not responsible for any disruptions, damage, or losses that may occur.
3.18: ) In domain name registration services, the responsibility for changing and verifying whois information, the responsibility for domain name transfer passwords, and the responsibility for transfer locks belong to the customer.
3.19: ) Sunucun reserves the right to change the terms and prices of domain name registration and transfer services without notice. These arrangements may affect the renewal prices of existing registered domain names. The customer has the right to perform operations within the rules set by ICANN and TRABIS if they do not want to renew or want to renew through another company.
3.20: ) Sunucun suspends domain names for customers who do not renew them on time during the renewal processes in domain name services. This suspension period varies according to the time set by the producer of the domain name. During this period, the customer who purchases the domain name can renew the domain name by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed during this period, the domain name will fall into the REDEMPTION PERIOD. During this process, the former customer who wants to get the domain name back can do so by paying a penalty fee, which varies depending on the domain name extension but is approximately $95 + 20% VAT in American dollars. After the redemption period, the process passes to the discretion of the primary registrar company, and it is not possible to get the domain name back through Sunucun after this process.
3.21: ) Domain name services are not a product sold, but a service for which the right to use is obtained as long as the fee is paid. Therefore, if the fee is not paid within the expiration period of the domain name, this right may pass to another person.
3.22: ) The customer accepts, declares, and undertakes that in the event of bulk e-mail sending (spamming), phishing to commit fraud, attacks on internal or external networks, and similar illegal or malicious activities that negatively affect Sunucun's database, the services will be deactivated by Sunucun without any warning, and the fees paid up to that date will not be refunded in any way, and they may be subject to a penalty payment equal to the minimum contract fee. The customer is obliged to comply with the laws of the Republic of Turkey, the regulatory actions of BTK (Information Technologies and Communication Authority), and the rules set by Sunucun.
4 ) Duration
4.1: ) This agreement begins with the transmission of the order and payment transactions from the Internet to Sunucun, along with the rights and obligations specified for the parties.
4.2: ) The duration of the agreement is as long as the payment period chosen by the customer for the related service during the order.
4.3: ) If the parties do not notify that the agreement will terminate at the end of the period within 10 business days before the end of the agreement, the agreement will be extended for the same duration under the same terms and conditions. (Changes in fees are reserved.)
5 ) Fees
5.1: ) The fee to be paid for the services specified in this agreement is the amount specified during the order process. The specified fees do not include VAT.
5.2: ) Sunucun reserves the right to change prices and tariffs prospectively without prior notice. The customer accepts, declares, and undertakes that they accept any changes that may occur in this regard in advance. Factors affecting the changes include inflation and exchange rates.
5.3: ) In case of late payment, Sunucun does not apply interest but reserves the right to do so.
5.4: ) Sunucun reserves the right to close and reopen the relevant service until the customer completes the payment process.
5.5: ) Refunds are not made for domain name registration processes as specified during the order.
6 ) Suspension
6.1: ) In case of a payment problem, Sunucun reserves the right to stop all services provided to the customer.
6.2: ) Bulk mail sending via servers is strictly prohibited. If SPAM, defined as advertising mail sending, is detected, the process will be stopped and the service will be temporarily suspended.
6.3: ) The security of all software on the server is the responsibility of our customers. Our company is in no way responsible for issues that may arise from read and write permissions or similar permissions or related to your software.
6.4: ) All other terms of use are detailed in the "general service terms" agreement.
7 ) Termination
7.1 ) The customer accepts, declares, and undertakes that if they violate any clause of this agreement, do not fulfill their responsibilities and commitments, or if the information they provided during registration is found to be incorrect, or if the suspension of the agreement continues for more than 7 days, Sunucun has the right to unilaterally terminate the agreement without any warning or notice.
7.2 ) In case of such termination, the customer accepts, declares, and undertakes that they cannot claim back the last contract fee paid regardless of the remaining duration and will pay a commercial penalty compensation equal to 5 times the equivalent contract fee in effect at the termination date.
7.3 ) The customer has the right to terminate this agreement at the end of the period without any reason by giving written notice 10 days before the end of the normal period or by sending a service cancellation request from the customer control panel.
7.4 ) If the customer terminates the agreement before the end of the period, they accept, declare, and undertake to pay half of the fees that will be due until the end of the agreement in a lump sum.
8 ) Communication and Address Information
8.1: ) The parties accept, declare, and undertake that the postal addresses specified in the order address are their legal residences for any notifications arising from this agreement. Unless notified in writing, the old addresses will be valid.
8.2: ) During the term of the agreement, Sunucun may send messages, information, letters, warnings, payment notifications, account movement statements, and account statements to the e-mail address provided by the customer during registration. The customer accepts, declares, and undertakes that they cannot claim that such electronic communications were not received or did not reach them and that such communications will be deemed legally notified 1 day after being sent.
9 ) Default in Payment
9.1: ) The customer is in default if they do not make the payment for the services they received within 7 days following the application date. In this case, Sunucun does not apply interest but may charge a monthly late interest of 15% from the invoice date if desired. The customer accepts and undertakes to pay this late interest.
9.2: ) The customer accepts and undertakes to pay a monthly late interest of 15%, a penalty fee equal to 50% of the outstanding debt amount, a lawyer's fee of 10%, and all other legal expenses if Sunucun opens a lawsuit or initiates enforcement proceedings for any receivables arising from this agreement.
9.3: ) The customer accepts, declares, and undertakes that Sunucun is authorized to obtain a provisional attachment and provisional injunction decision without collateral from legal authorities for the collection of any receivables arising from this agreement, but if courts require collateral, they will cover all commissions and fees arising from obtaining bank guarantee letters and will not raise any objections to these issues.
9.4: ) If the customer does not make the payment within 5 (five) days despite warnings, Sunucun reserves the right to suspend the service. Sunucun is not responsible for unpaid, canceled, and deleted services.
9.5: ) Additionally, for physical and virtual server rental services, if the service renewal fees are not paid or collected within 2 (two) calendar days following the service expiration date, the related services will be paused. If the service renewal fees are not paid or collected within 10 (ten) days following the service expiration date, all data related to the service will be deleted for security reasons, and the service will be automatically closed and canceled. Sunucun is not responsible for data loss in canceled services.
10 ) Prohibited Activities
The following activities are strictly prohibited when using the SERVICE PROVIDER's services. Although the SERVICE PROVIDER is not responsible for monitoring the content, it reserves the right to suspend, restrict, or completely terminate the services of users if these activities are detected.
10.1: Prohibited activities include but are not limited to all actions and behaviors that are legally considered crimes.
10.1.1: ) Spam Sending: Spam is the sending of unsolicited bulk and/or commercial messages over the internet. Spam sending damages the SERVICE PROVIDER's commercial reputation and reliability and may cause its systems to be overloaded and the quality of services provided to customers to decrease. Those who receive the related services from the SERVICE PROVIDER cannot send spam, operate their systems in an unprotected manner that facilitates spam sending, or leave them open to the use of third parties.
10.1.2: ) Crimes Against Intellectual and Artistic Works, Private Life, and Personal Rights: Crimes that can be committed against the intellectual and industrial rights of individuals or institutions and actions that constitute crimes under the “Law on Intellectual and Artistic Works,” “Trademark Law,” “Turkish Commercial Code,” “Law on the Protection of Patent Rights,” and other relevant legislation, as well as crimes against the privacy of private life and personal rights, fall under this scope.
10.1.3: ) Phishing Attacks: Phishing involves deceiving users through fake internet pages and emails to capture personal information such as identity details, credit card information, and bank account numbers.
10.1.4: ) Unauthorized Access to Other Computers and Networks: Attempting to access other people's computers, user accounts, or networks illegally or unauthorizedly (hacking) and activities that provide illegal or unauthorized access to systems (port scanning, stealth scanning, etc.).
10.1.5: ) Activities Related to Distributing Harmful Software Such as Viruses, Worms, Trojans: Sending internet viruses, Trojan horses, or activities like pinging, flooding, and mail bombing that can disrupt the use of the SERVICE PROVIDER's network or connected other networks, systems, services, or devices.
10.1.6: ) Excessive Resource Usage on Shared Servers: The SERVICE PROVIDER has services provided through shared hardware platforms within the scope of hosting services. If a website hosted under this service creates excessive traffic or uses excessive resources, sends or receives excessive emails within the email hosting service, or if the virtual server used under the shared hosting service uses excessive CPU or creates excessive traffic, the SERVICE PROVIDER reserves the right to suspend the service without prior notice for a short or indefinite period to prevent other customers sharing the same hardware platform from being adversely affected.
11 ) Validity and Termination of the Agreement
11.1: ) Changes to this agreement, approved by the customer during the online application, will be notified to the customer by publishing on the website and/or via email. The customer will be deemed to have accepted the changed terms of the agreement by continuing to use Sunucun's services.
11.2: ) The customer can terminate the agreement by notifying it at any time until the renewal date of the service specified on the site or by sending a cancellation request through the customer control panel.
11.3: ) The agreement can be unilaterally terminated by Sunucun without notice for the following reasons:
11.3.1: ) Transferring the services received or the rights granted by this agreement wholly or partially without the written consent of Sunucun
11.3.2: ) A bankruptcy decision against the customer or the suspension of payments
11.3.3: ) The customer falls into default in paying the fees for the services provided by Sunucun as stipulated in clause 9.1.
11.3.4: ) If the customer violates the conditions specified in this agreement or the “general service terms,” Sunucun may terminate the services provided to the customer without prior notice and/or terminate the agreement. In this case, the fees paid by the customer in advance will not be refunded.
12 ) Resolution of Disputes and Jurisdiction
12.1: ) This agreement consists of 11 main articles and sub-headings, and it is deemed to have been read and understood by the parties and signed. (Signing is deemed to have occurred upon the submission of the order from the site to Sunucun.) Sunucun may add, remove, or change new articles and/or sub-headings if deemed necessary. Sunucun will notify these changes to the customers via email, and the customer declares, accepts, and undertakes to accept these changes in advance.
12.2: ) Istanbul Courts and Execution Offices are authorized for the resolution of any disputes arising during the implementation of this agreement.