Domain Contract

1. THE PARTIES

The terms and conditions of this very contract are mutually agreed and signed both by:

NEWEMPO LLC (will be mentioned hereby as CLOUDSPEX) which is located at the address of 30 N Gould St #40045 Sheridan, WY 82801, and carries on its R&D (Research and Development), domestic and international trading, sales, marketing, accounting and invoicing activities, its call center and online support services with its tax registration No.6310704230 registered to T.C. Beykoz Department Of Revenues;

and by the natural person/legal entity who/which demands to have its account opened on CLOUDSPEX by buying/purchasing CLOUDSPEX’s products/services as a customer, and/or by the third-party natural person/legal entity who/which demands and buys/purchases CLOUDSPEX’s products and/or services as a third-party customer (both of them will be mentioned hereby as THE CUSTOMER).

All of the differences of opinion/disputes/disagreements etc. will be resolved within the scope of the provisions mentioned below. In case THE CUSTOMER violates/breaks these general conditions, CLOUDSPEX can seize/hold/confiscate, stop and/or suspend all of the accounts of THE CUSTOMER within its system; and it can pause/stop the services it gives to THE CUSTOMER for a definite/indefinite time, or it can annul/cancel/terminate the contract with THE CUSTOMER.

This contract takes effect/becomes valid in between CLOUDSPEX and THE CUSTOMER as from the date of the electronic effective date. This contract exhibits both the registration and the conditions with reference to the allocation and usage of the Domain which THE CUSTOMER buys/will buy via CLOUDSPEX; and along with the General Service Conditions, it contains the ultimate/last/final agreement terms and conditions between THE CUSTOMER and CLOUDSPEX. Following the signing/approval/confirmation of this contract on the virtual media; by accepting the signing/approval/confirmation of this contract on its side, THE CUSTOMER accepts and approves that both this contract and the General Terms and Conditions of the CLOUDSPEX Service Contract are inseparable and undividible parts of a whole; and THE CUSTOMER approves that he/she/it reads/has read and confirms/has confirmed as they are understood on its side as a whole. And THE CUSTOMER agrees, approves, declares and promises that he/she/it will adhere/stick to this agreement and all of its written terms and conditions; and will act in line with all of the rules; including and 100% in accordance with the transfer and conflict resolution policies of the Autorized Registration Operator; and also with the additional or different registrations, conditions, terms and/or policies which includes the updates and adjustments which CLOUDSPEX will perform on its Domain Name/Address/Portal of www.cloudspex.com.

THE CUSTOMER and CLOUDSPEX mutually agree and approve that THE CUSTOMER is the only person/party to save/use/dispose the allocated/assigned Domain Name, both during and after the allocating/assigning processes of the referring Domain. But as for the legal enitities, both parties mutually agree and approve that the authorized person/persons is/are the one/ones who have the authorization to represent and sign on behalf of the referring legal entity. The parties mutually agree that all of the operations and processes can be performed by: On behalf of THE CUSTOMER’s account, in addition to the transactions made by THE CUSTOMER or by its authorized person(s), Domain name or E-Mail passwords, user information, other personal data, represantative(s), employee(s), call center officer(s), remote support teams; in short all of the CLOUDSPEX staff or the 3rd person/party with whom CLOUDSPEX has agreed to provide direct/indirect customer service, who can prove that they are the LEGAL REPRESENTATIVE OF THE CUSTOMER or THE 1ST DEGREE RELATIVE/KIN OF THE CUSTOMER. They mutually accept that any person who uses THE CUSTOMER’s account or Domain Name or passwords THE CUSTOMER has established in terms of the transactions made by a 3rd person who can act as a representative for THE CUSTOMER and in terms of Domain Names allocated/assigned through CLOUDSPEX is bound by/responsible for all of the transactions and operations whether they are made for the benefit of THE CUSTOMER or not.

THE CUSTOMER agrees, confirms and promises that it will comply with the terms and rules set both by CLOUDSPEX and the Authorized Registration Operator. THE CUSTOMER agrees, confirms and promises to comply 100% with the regulatory processes realized both by the Information Technologies and Communications Authority (Bilgi Teknolojileri ve Iletisim Kurumu - BTK) and The Association Of Access Providers (Erisim Saglayicilari Birligi – ESB); with the terms and and referring legislation determined and established by ICANN (Internet Corporation for Assigned Names and Numbers) and/or the Registration Executive/Authority chosen/authorized by ICANN; and with the decisions/judgements of the arbitration boards/committees given as a result of the probable complaints/claims all within the knowledge and in the eye of WIPO (World Intellectual Property Organization). And THE CUSTOMER also agrees and confirms that CLOUDSPEX can make some necessary changes in this agreement from time to time, in order to comply with all registration rules and policies as mentioned above.

2. PRICES / FEES

In return for the services and products purchased by the CUSTOMER and provided to THE CUSTOMER by CLOUDSPEX ("services"); THE CUSTOMER agrees and promises to pay right at the moment that he requests to buy/purchase the service from CLOUDSPEX. Payment will be made by the CUSTOMER by choosing one of these payment methods: Payment by a valid credit card, payment by transfer/wire to CLOUDSPEX’s bank account, payment by EFT (Electronic Funds Transfer) to CLOUDSPEX’s bank account, or payment by CLOUDSPEX Virtual Card.

At the times of payment; foreign currency payments will be made by THE CUSTOMER to CLOUDSPEX in accordance with the current US Dollar Currency Sales/Change/Exchange Rate determined/announced by the Central Bank of the Republic of Turkey of the referring day/date of the relevant payment. If due to any reason CLOUDSPEX is unable to get its payment in full from THE CUSTOMER for the services it provides for THE CUSTOMER, and/or faces any difficulties in receiving any service fees previously charged to THE CUSTOMER (for example, payment with a stolen credit card, etc.), THE CUSTOMER hereby acknowledges, approves, agrees and declares that CLOUDSPEX has the right to and can/will resort to all administrative, procedural, legal/judicial and/or criminal remedies in terms of collecting the referring payment it deserves.

In terms of any purchase/shopping made by THE CUSTOMER with a stolen credit card, even if the referring purchase/shopping is a single (one) item/purchase/transaction; THE CUSTOMER hereby accepts, declares and undertakes that all of the services and goods purchased (including THE CUSTOMER’s registration) from CLOUDSPEX can/will be cancelled, its services/products can/will be terminated or stopped regardless of the cost, without any previous notice and without any incurring/taking any responsibility or liability for the damages caused. Among the remedies that CLOUDSPEX will follow to ensure an effective payment by THE CUSTOMER, including but not limited to these measures, all Domain names and other services purchased or registered by THE CUSTOMER’s account may be immediately cancelled or suspended, without notice.

CLOUDSPEX has and reserves the right to charge THE CUSTOMER a reasonable service fee at all times for other tasks outside the scope of its regular services, and for THE CUSTOMER’s requests for additional/extra services, products or goods. These include, but are not limited to: Customer service problems that cannot be resolved via e-mail interaction and require personal service; disputes requiring special counselling and/or service, or legal counsel, attorneyship, etc. which CLOUDSPEX will/has to take in terms and on/in behalf of THE CUSTOMER. These probable extra costs/expenses will be invoiced to THE CUSTOMER as much as in line with the Payment Method registered by the CUSTOMER on our CLOUDSPEX system.

About Extending the Duration of the Domain Name

After a domain name is allocated/assigned to THE CUSTOMER (when it is registered on behalf of the CUSTOMER), the extension of the duration for the referring Domain Name can only be realized in the following two cases:

  1. In case THE CUSTOMER places/has placed an automatic payment order for it.
  2. In case THE CUSTOMER itself extends/has extended the duration of the referring Domain Name by using its CUSTOMER panel.

For all of the cases other than the ones mentioned above; CLOUDSPEX cannot make any commitment or give any guarantee to THE CUSTOMER on extending the duration of its referring Domain Name.

For any reason; if CLOUDSPEX cannot receive its relevant payment via/through the payment information/methods recorded in THE CUSTOMER information/details; or if THE CUSTOMER does not approve CLOUDSPEX to receive the payment; and/or THE CUSTOMER does not respond to the oral and/or written notifications/warnings made by CLOUDSPEX; the referring Domain Name registration of THE CUSTOMER will be terminated.

If THE CUSTOMER buys/purchases by using a credit card belonging either to him/her or to his/her company or firm; he/she is obliged to keep the information of that credit card and the Payment Method information including the expiration date of that referring credit card up to date in the systems of CLOUDSPEX.

When/in case the domain name is not in an extendable state/circumstance, THE CUSTOMER may extend the duration of the referring Domain name only by calling CLOUDSPEX and sending it the request to extend the Domain name both verbally and in black and white. Without the CUSTOMER’s instruction/direction, the Domain name's expiration date cannot be corrected/changed by the relevant CUSTOMER Manager. If the CUSTOMER does not extend the duration of the referring Domain name before its expiration date, that Domain name will be cancelled and THE CUSTOMER will no longer be able to use the referring Domain name. THE CUSTOMER acknowledges and accepts that CLOUDSPEX will not be responsible for the cancellation of such Domain names; either automatically or within the time periods specified in this Agreement; the Domain names which THE CUSTOMER did not/will not extend the durations/expiration times of. Although it is not at the discretion of CLOUDSPEX to extend the durations for Domain names; in case the period/duration cannot be extended, THE CUSTOMER (regardless of its name and account) cannot/will not put all/any kinds of material and/or moral liability on CLOUDSPEX. In any case; if the referring Domain name is not extended promptly/in time, additional costs/expenses and fees may apply. In/for such cases, THE CUSTOMER hereby declares, agrees and undertakes that he will not request a refund for the fees incurred. If THE CUSTOMER also buys/purchases Domain name masking (URL masking) Domain name forwarding or a similar service together with its Domain registration service from CLOUDSPEX, too; THE CUSTOMER hereby agrees and declares that the other services that he/she/it receives from CLOUDSPEX will also automatically expire after the referring Domain name registration period expires.

In case THE CUSTOMER does not extend the duration of the Domain name within the time frames specified in this Agreement; CLOUDSPEX, at its own discretion, may automatically extend or delete the expired Domain name of THE CUSTOMER.

In case THE CUSTOMER does not request/make an extension for the duration of its Domain within the given period; CLOUDSPEX (without giving THE CUSTOMER any additional time) reserves the right to delete/terminate its discounted offers (its offers with discounts), free or other product and service-related promotional Domain names (free, discounted, promotional etc. products and/or services) at the expiration of the referring Domain name.

If CLOUDSPEX decides to extend the duration of the expired Domain name of THE CUSTOMER; as for CLOUDSPEX protects THE CUSTOMER's Domain name and extends its duration; THE CUSTOMER will gain an Extra Time within which it can make payment to CLOUDSPEX. The regarding Time Extension Period varies according to the Domain Name Extensions, and it is/will be applied between 1 and 30 days within CLOUDSPEX’s initiative and decision.

After the Domain name expires, the Time Extension Period is/will not be valid for all of the Domain Name Extensions. It is not/will not be possible for THE CUSTOMER to claim that this deadline has not been granted and/or not enough time has been granted to THE CUSTOMER with reference to its Domain name.

In case THE CUSTOMER does not pay CLOUDSPEX for the extension process during/within the Time Extension Period; after CLOUDSPEX gives THE CUSTOMER a 1 to 30 day payment period for the Domain Name reclaim by paying a buyback or late renewal fee and/or transaction fee for the service or whatever other name to it, the referring Domain Name will be put on hold and marked for deletion/termination by CLOUDSPEX. The buyback fee ranges from USD 40 to USD 500 depending on the Domain extension of the referring Domain Name. If THE CUSTOMER does not pay for the Domain Name before the end of the 1 to 30 day payment period; CLOUDSPEX may delete the Domain Name of THE CUSTOMER at its sole discretion or accept the possibility of THE CUSTOMER account being transferred to another person/firm.

In case THE CUSTOMER's Domain Name is deleted; by paying CLOUDSPEX a recovery fee, THE CUSTOMER can provide the Central Registry Operator to give/allow THE CUSTOMER a 1 to 30 day Payment Term to reclaim its Domain Name. The buyback fee ranges from USD 40 to USD 500 depending on the referring Domain Name Extension. If THE CUSTOMER does not make any payment for the Domain Name before the Term of Payment expires, THE CUSTOMER irrevocably accepts and undertakes in advance that the referring Domain Name will be released, and it will subsequently become available for any first claimant/requester to purchase and register it.

Time/Duration Extension Terms and its Payment Terms may differ according to Domain Name Extensions.

3. CONTRACT CIRCUMSTANCE: AMENDMENTS/CHANGES

The duration of this Agreement is in effect fully, strongly and effectively as long as THE CUSTOMER registers the Domain Name through/via CLOUDSPEX. THE CUSTOMER hereby agrees that it cannot/will not transfer any Domain Name registered through/via CLOUDSPEX to another Domain Name Supplier/Registrar/Operator within the first sixty (60) days after the starting/beginning date of the referring registration.

The CUSTOMER acknowledges and accepts that CLOUDSPEX can/may make changes and realize updates to/on this Agreement from time to time. However, under this Agreement, CLOUDSPEX may cease/stop the services it provides. THE CUSTOMER; as a result of such changes; agrees to be bound by the reasonable changes/amendments that CLOUDSPEX may make to/on this Agreement. In case that the CUSTOMER chooses to cancel its very contract signed mutually with CLOUDSPEX, it is within the information and acceptance that it will not be able to receive/refund any payment previously made to CLOUDSPEX.

4. CURRENT INFORMATION: USAGE OF INFORMATION AND EXPIRATION OF TIME

When/if any information is obtained by THE CUSTOMER as part of the application and/or registration process changes, THE CUSTOMER hereby agrees and promises to notify CLOUDSPEX within two (2) business days. It is THE CUSTOMER's responsibility to keep this information up-to-date and accurate. For whatever reason, the failure of THE CUSTOMER in providing CLOUDSPEX with accurate and correct information at the beginning and on a continuous basis, constitutes a fundamental violation of this Agreement. For any reason, failure in answering any one of the questions -which are and/or can/may be directed to the CUSTOMER by CLOUDSPEX- within the first two (2) days in order to determine the validity of the information provided by the CUSTOMER, constitutes a fundamental breach of this Agreement. In any case, the CUSTOMER agrees/confirms that a copy of the purchase record of the referring Domain Name is/will be saved/kept by CLOUDSPEX. THE CUSTOMER agrees to provide CLOUDSPEX with the following communication data for each Domain Name registered on behalf of it:

  1. If the registered Domain Name owner is to be/will be contacted; his/her postal address, e-mail address, telephone number and fax number
  2. If/in case it is different than the registered Domain Name owner; the contact information specified in the first item on the upper line should be provided for the technical authority/representative, administrative authority/representative and payment authority/representative.

The CUSTOMER knows and accepts that this contact information which will be shared with the registration operator is essential and required for Domain Name Registration. This information requested by ICANN may need to be available publicly through/via Whois, and the Domain Registrar/Operator may have to keep this information public through/via Whois. Both CLOUDSPEX and the Registrar/Operator can save/keep/archive this information together with a trusted third-party. Hereby, THE CUSTOMER consents, approves and cconfirms all these mentioned needs and notifications.

The CUSTOMER acknowledges and approves that for each Domain Name registered on it, the following information can be publicly available in/on the Whois Directory specified in accordance with the ICANN Policy, and they can be used for commercial purposes as a whole as specified in the ICANN Agreement, and can be included/sold in a catalog.

  • Domain Name
  • THE CUSTOMER’s name, surname and mailing/postal address
  • E-mail address, mailing/postal address, telephone and fax numbers for technical and administrative communications
  • Internet Protocol Numbers for Primary and Secondary Name Servers
  • The names which respond to Name Servers
  • Original registration and expiration dates Orijinal

THE CUSTOMER acknowledges and approves that the public information it provided/provides during the Domain Name Registration Process /maycan be used by CLOUDSPEX to the extent permitted by ICANN.

At the same time, THE CUSTOMER gives/grants CLOUDSPEX the right to disclose the information provided at the time of the Domain Name application to third parties through its own database in an interactive and public manner, in order to comply with both current and future rules and policies regarding Domain Name Systems. Such information belonging to THE CUSTOMER is/are as follows:

  1. The Domain Names/Addresses or Subdomains registered by THE CUSTOMER
  2. The full name, type and e-mail address of the Organization of THE CUSTOMER
  3. Name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and fax number(s) (if available) of the administrative and technical responsible(s)/representative(s) for THE CUSTOMER's Domain(s) or Sub-Domain Name(s)
  4. All Host Names and Internet Protocol Addresses of at least two (2) Name Server Hosts (one primary and at least one secondary) for THE CUSTOMER’s Domain Name or Sub-Domain Name can be specified.
  5. Responder names of aforementioned Name Servers
  6. Original creation date of the registration
  7. Expiry date of the registration

CLOUDSPEX may need to make these and/or similar information available to the third parties partially or wholly. However, at its discretion, CLOUDSPEX may transfer or assign these information to a third party. It is within the knowledge and acceptance of THE CUSTOMER that these information can/will be shared by CLOUDSPEX with the official and administrative authorities, and/or with third parties and institutions who make a claim/file a compliant about illegal content; without the consent of THE CUSTOMER and without CLOUDSPEX’s obligation to give information/notification to THE CUSTOMER. Hereby, it has been/is accepted, declared and committed by the CUSTOMER that; THE CUSTOMER is/will be liable for all material and moral damages, in case he/she/it gives false/incorrect information regarding the aforementioned records both/either to CLOUDSPEX and/or to the Legal/Official Authorities.

5. DISPUTE RESOLUTION POLICY

In terms of probable/possible Domain Name disputes and their resolutions; THE CUSTOMER hereby agrees to be bound by the/promises to be and act in line with the "Dispute Resolution Policy" issued by ICANN, to which CLOUDSPEX is also affiliated. You can find the latest up-to-date and effective version of this text at the address of the Dispute Resolution Policy.

THE CUSTOMER acknowledges, approves and declares that some changes/amendments on the "Dispute Resolution Policy" can/may be made from time to time; and also that the referring changes/amendments come into force upon the publication of the updated version, including updates, at the address given above. THE CUSTOMER agrees to regularly review and monitor the website of CLOUDSPEX in order to be aware of the changes written in the "Dispute Resolution Policy". CLOUDSPEX -in accordance with the service it provides- is a business organization/entity/firm subject to the obligations notified pursuant to the Law No. 5651, together with the rules of the "Dispute Resolution Policy" which has an international qualification. THE CUSTOMER -as he/she/it it purchases the service/product subject to the contract- is obliged to make a commitment to CLOUDSPEX to/in order to comply with all rules and legislative provisions necessary for the service/product to be provided. In case THE CUSTOMER cancels the Agreement with CLOUDSPEX due to the changes/amendments made in the "Dispute Resolution Policy" which must be complied with in terms of the provision of this service, THE CUSTOMER hereby agrees and declares that it will not be refunded/paid back. As a matter of fact, it is mutually known and agreed by the both parties that it is mandatory to comply with the relevant global policies in terms of Domain Name Services all over the World. It is also agreed and therefore the changed/amended "Dispute Resolution Policy" is accepted by THE CUSTOMER that after the updated policy of CLOUDSPEX comes into effect, CLOUDSPEX will save/keep the Domain Name Registration Service purchased by THE CUSTOMER from CLOUDSPEX. If/in case a dispute arises regarding one (1) or more Domains registered by THE CUSTOMER through/via CLOUDSPEX; THE CUSTOMER will exclude and defend the CLOUDSPEX from any of the charges claimed against THE CUSTOMER as stated in this contract; and in case of any damage/loss, THE CUSTOMER will indemnify the damage/loss in question. However, if/in case CLOUDSPEX receives an accusation from the administrative, judicial, criminal authorities or law enforcement authorities of the State regarding any Domain Name registered by THE CUSTOMER through/via CLOUDSPEX; until the dispute is resolved, CLOUDSPEX can/shall -at the discretion of CLOUDSPEX- take any action/precaution by taking all technically possible measures and/or assigning it in line with the demands, actions and decisions of the aforementioned institutions and organizations and in case of allegations of violation of rights made by third persons and institutions; and such actions/precautions can/will include controlling, changing, suspending, blocking access, unpublishing the content, blocking URLs etc. Considering the jurisprudence within the scope of Law No.5651 and the relevant law/regulation, it’s within the THE CUSTOMER’s knowledge and accepted, declared and committed by THE CUSTOMER that CLOUDSPEX has no liability for illegal content, and CLOUDSPEX does not have the authority to resolve a dispute in terms of violations of rights communicated by third parties and institutions pursuant to the same law. In this context, THE CUSTOMER accepts, declares and undertakes that; in accordance with the law, if the claim of violation of rights from 3rd persons and institutions is conveyed to CLOUDSPEX, CLOUDSPEX does not have the opportunity to identify the relevant right holder and therefore it (CLOUDSPEX) reserves the right to take all preventive measures. CLOUDSPEX reserves the right to terminate the service contract, block the transfer of the relevant Domain Name, block access, suspend the service, take all necessary temporary and/or permanent measures without investigating the truth of the claim, in all violation claims submitted to CLOUDSPEX by third parties and institutions. In such a case, THE CUSTOMER accepts that CLOUDSPEX cannot be held liable for any notification or action/precaution taken by CLOUDSPEX. CLOUDSPEX is not/will not be obliged to investigate the truth of the claim in the notifications made pursuant to the Law No.6769 in terms of alleged infringement. For this reason, no claim can be made by THE CUSTOMER (under whatever name and account) to CLOUDSPEX that it has done/has to pay for any damage/loss. In order for the service/product requested by THE CUSTOMER to be purchased/bought; THE CUSTOMER has been informed/nitified that all these conditions must be followed by THE CUSTOMER; and aforementioned conditions are irrevocably accepted, declared and committed by THE CUSTOMER.

6. TRANSFERS OF DOMAIN NAMES; RESTORE APPLICATIONS

In case THE CUSTOMER transfers any one of its Domain Names, it agrees to adhere to the terms and procedures specified in the Domain Name Transfer Agreement of CLOUDSPEX, and to provide CLOUDSPEX the necessary information. The last/final version of the Domain Name Transfer Agreement can be viewed on CLOUDSPEX’s website.

In case THE CUSTOMER purchases a Domain Name for a third-party account; THE CUSTOMER hereby acknowledges and agrees that CLOUDSPEX is a Registrar accredited by ICANN, and THE CUSTOMER will notify its own clients that they have registered their Domain Names through/via CLOUDSPEX, essentially using the services offered by CLOUDSPEX. As a matter of fact, THE CUSTOMER agrees, declares and undertakes to immediately comply with the arbitrator/arbitration committee decisions referring to the complaints regarding/about Domain Name disputes made before ICANN’s set of rules and WIPO (World Intellectual Property Organization).

Regarding the additional terms and conditions not requested by CLOUDSPEX; THE CUSTOMER agrees that these terms and conditions will not conflict with CLOUDSPEX's Domain Name Registration Agreement; and also with business procedures and policies adopted by the Authorized Registrar/Operator.

For each Domain Name THE CUSTOMER registers; THE CUSTOMER must provide CLOUDSPEX with complete, accurate and up-to-date information to be added to the Whois database in accordance with ICANN requirements.

After THE CUSTOMER receives a corrected or renewed information, THE CUSTOMER has to/will forward and provide this information to CLOUDSPEX within two (2) business days; thus CLOUDSPEX will be able to renew/update its registration data. The responsibility arising/that will arise from THE CUSTOMER's failure to update the subject information belongs to THE CUSTOMER itself.

7. SUSPENSION OF THE SERVICES; VIOLATION OF THE CONTRACT

THE CUSTOMER hereby accepts the following articles in addition to the other issues specified in this Agreement:

i. Your eligibility to use any of the services/products provided by CLOUDSPEX is subject to the suspension or cancellation for violation/breaching of this Agreement, and/or to the suspension or revocation required by any policy currently in effect or subsequently adopted by the Authorized Registrar/Operator.

ii. Under any CLOUDSPEX procedure which is not inconsistent with the criteria or policy adopted by ICANN and/or the Authorized Registrar/Operator, or the criteria and or policies adopted by ICANN; your any Domain Name registration is subject to/bound to:

  • (a) Correction of errors by the Registrar/Operator or CLOUDSPEX during the registration of any Domain Name
  • (b) Resolution of disputes regarding any Domain Name, transfer, suspension and cancellation.

In case/if THE CUSTOMER does not fully comply with any of CLOUDSPEX’s rules and policies set the terms and conditions of this Agreement; THE CUSTOMER hereby accepts and confirms that this will be deemed as a fundamental breach/violation of the Contract and CLOUDSPEX will notify THE CUSTOMER(S) of such violation electronically (e.g. e-mail message) and/or in black and white. In case THE CUSTOMER fails to submit a substantive evidence(s) to CLOUDSPEX within ten (10) business days that it has not violated its obligations, CLOUDSPEX can/will terminate its business relationship with THE CUSTOMER, and take appropriate legal remedies against THE CUSTOMER under the legal regulations. Such a resolution map can/may be applied without notifying THE CUSTOMER(S); and these ways may include -but not limited to- the cancellation of THE CUSTOMER's Domain Name(s) and stopping the services/products provided by CLOUDSPEX to THE CUSTOMER(S). CLOUDSPEX does not/will not refund any fees to THE CUSTOMER(S) due to any interruption, suspension or cancellation of their services/products in case of any violations/breach of the Agreement.

8. LIMITATION OF SERVICES; REFUSAL RIGHT

THE CUSTOMER agrees/promises not to use and/or not to allow others to use the services offered by CLOUDSPEX for the following and alike purposes:

  • Unsolicited e-mail message transmission (Spam) and repetitive, high-volume inquiries (e.g. domain availability, etc.) to any service provided by CLOUDSPEX.
    • If/in case THE CUSTOMER preserves/hosts its Domain Name, its Domain Name Servers (DNS) in/on the CLOUDSPEX Servers, or it uses the CLOUDSPEX System to route a Domain Name; if/in case it hosts an URL or a website or a system in any way; or if/in case it has a Domain which is registered through/via CLOUDSPEX; THE CUSTOMER is obliged to take care for not overloading the DNS System of CLOUDSPEX. THE CUSTOMER cannot/will not use the servers and the Domain Name of CLOUDSPEX as the source, and/or as a tool in response to any address and/or as the destination address for an e-mail bombardment, internet packet flooding, packet breaking, etc. Server hijacking (hacking) or other/alike crimes committed against security vulnerabilities are prohibited and unacceptable. In case any activities that threaten the balance of the network which are caused by THE CUSTOMER's website are detected, CLOUDSPEX reserves the right to deactivate the referring Domain Name and to stop/terminate the service/product indefinitely. THE CUSTOMER hereby acknowledges and agrees that CLOUDSPEX -at its discretion and without any liability to THE CUSTOMER- can/may refuse to approve the registration of any Domain Name. That said, CLOUDSPEX -at its own discretion and without any liability to THE CUSTOMER- can/may delete/terminate any Domain Name registration within the first thirty (30) days following the referring registration. In addition, if/in case a name/Domain Name is associated/related with undesirable/unwanted or morally objectionable activities, CLOUDSPEX can/may cancel the registration of the corresponding/referring Domain Name. Some of such morally objectionable activities are listed -but are not limited to- as follows:
  • Activities that are organized in a way that will cause people/individuals of third parties to feel moral and/or material humiliation, harm, slander, abuse, threat, insult or harassment
  • Criminal codes/catalogue of crimes defined in Law No.5651
  • Activities that encourage others to commit unlawful/illegal behaviours or acts such as hate crimes, terrorism, and child pornography
  • Unfair, vulgar, vicious, explicit, racist and other inappropriate etc. activities that are subject/related to the private life of a third person
  • Activities organized to imitate the identity of a third-party person/individual
  • Activities organized with the purpose of unethical guidance and/or malicious acts such as abusing, harassing and/or causing physical/mental harm to the children

Although THE CUSTOMER will be able to get back the referring payment it has made to CLOUDSPEX in connection with both the cancellation and the rejection, in cases which CLOUDSPEX refuses a registration or deletes it within the first thirty (30) days after the registration; no refund(s) will be made in cases which CLOUDSPEX deletes/terminates a Domain Name due to/because of its integration with Spam or morally objectionable activities as mentioned above. In terms of the Domain Name claim and complaint of third parties containing illegal content and/or actions; CLOUDSPEX reserves the right to apply to all measure/precaution methods within the scope of the technical possibilities of CLOUDSPEX. THE CUSTOMER hereby accepts, declares and undertakes in advance that he/she/it cannot/will not claim any violation of rights for this reason.

9. SPECIAL TERMS FOR ALL REGISTRATIONS

THE CUSTOMER hereby agrees and promises to be bound by/subject to all national and international conventions, rules, and policies for each/every registration after he/she/it purchases/buys a Domain Registration such as -but not limited to- Top Class Domain Registrations and Second Class Domain Registrations etc., either from CLOUDSPEX or any other Domain Name Registrar/Operator/Supplier.