English
TürkçeService Contract
By signing this contract; in return for your purchasing/buying of services/products from Nishgroup Bilgi Teknolojileri San. Tic. A.S. (will hereon be referred to as CLOUDSPEX) and/or from the CLOUDSPEX Website (www.cloudspex.com), you will be deemed to have accepted/agreed/confirmed all of the terms written/stated in this mutual agreement. Either CLOUDSPEX, and/or the creators of all kinds of content on its website, and/or its employees; and/or the persons, business partners and organizations authorized by CLOUDSPEX have and/or will have and/or accept no kinds of criminal or legal liability for any material/moral damage and/or loss that may arise due to your failure/fault to read these terms and/or your failure to comply with them.
CLOUDSPEX has the right to unilaterally/ex parte update and/or change this contract at anytime without prior notice; either partially or fully.
All kinds of information, statistical figures and/or values on the CLOUDSPEX Website have been compiled from sources reliabilities of which is/are accepted within the framework of general practices; and their accuracy and competence is/are not guaranteed by CLOUDSPEX in any way. CLOUDSPEX is not/will not be liable and/or responsible for any personal, legal or criminal liability for any kinds of direct and/or indirect material and/or moral negative and/or positive damages/losses and other probable damages and/or costs that may arise as a result of the usage, evaluation and/or interpretation of information, statistical figures and/or values on the CLOUDSPEX website.
Assuming that you will read/have read the warnings and notifications stated in this contract fully before receiving any service(s)/product(s) from CLOUDSPEX; and in case there is/will be any kinds of dispute, claim and/or request in this regard, CLOUDSPEX declares that it will be able to use and present these statements and all other computer records belonging to CLOUDSPEX to the legal authorities as the sole and truly exclusive evidence(s); and this fact is acceptedi complied and committed by the person(s), organization(s) and/or business entities who visit CLOUDSPEX website.
1. Orders and Service Delivery
After your order has been checked for fraud and your payment is received by CLOUDSPEX, your account will be set up and your information will be sent to you. Even if your domain name, web hosting and/or reseller hosting accounts are/will be set up automatically in case of your payments either by credit card and/or PayPal; in case of a probable problem, the referring installation process can take up to 48 (forty eight) hours. If your payments are/will be made by to our CLOUDSPEX bank and postal check accounts either by money order and/or EFT, the referring installation period is determined to take maximum 2 (two) business days. For VDS and dedicated server services, the setup time is/will be -unless specified otherwise and/or differently- 48 (forty eight) hours. The delivery period of our software and/or license/licenced services/products is -unless stated otherwise either written or verbally- 1 (one) week at the latest. In case/if the relevant delivery is not made/will not be made within the specified time, CLOUDSPEX is obliged to return/refund your fee to you; if/in case you request for a refund/return for the referring case.
During the process of placing an order, it is your responsibility to provide a problem-free and flawless e-mail address which you currently and actively use. In case of any illegal behavior or in cases that we need to contact you, the e-mail address you have registered in the system will be used for it. It is your responsibility to check and keep your e-mail address up-to-date; therefore, it is considered/accepted that unexceptionally all of the e-mail messages that are/will be sent to you have reached/will reach you without any problems. CLOUDSPEX has no legal or criminal liability against any kinds of damage and/or loss that may occur if/in case the e-mail messages sent to you are not received and/or have not been read either by yourself and/or the person/people authorized/administered by you.
All of your information in the form you fill in online during your placing an order and/or when registering on our website must/shall be complete and accurate. CLOUDSPEX reserves the right of not making a refund or realizing this partially for your orders cancelled due to incorrect and/or incomplete information which are/will be provided by you.
When it deems necessary, CLOUDSPACE may request your credit card photocopy/scanned photo, and/or ID photocopy/scanned photo from you for security purposes. If you do not provide these, your order may be cancelled and treated as a fake transaction and/or the service(s)/product(s) you receive from CLOUDSPEX may be stopped/terminated. CLOUDSPEX reserves the right to refuse to refund and/or partially refund for accounts suspended for cases of fraud.
Website Transfer
For its services in which transferring your website(s) is (are) guaranteed, CLOUDSPEX does its best to move/transfer your website to CLOUDSPEX. Nevertheless, because the website transfer service is an uncertain process, CLOUDSPEX does not provide any guarantee and/or insurance regarding how long your site will be transferred and/or how long it’ll take for your site to be transferred. Each Hosting provider/service company has a different configuration; and/or some Hosting providers/companies do not have the necessary conditions to be able to provide the transferring of the websites. Because of this reason, sometimes it can be very difficult or even impossible to transfer your website correctly/completely/without any errors. Your website may be transferred incorrectly and/or not transferred at all. In the event/in case of such a situation, CLOUDSPEX has no legal or criminal liability for damages/losses that may arise.
2. Content
All of the terms and conditions of all services/products provided by CLOUDSPEX are arranged strictly according to the requirements/regulations of The Constitution Of The Republic Of Turkey.
All of the legal responsibility and liability of every action you take -by using our services/products we offer to you- belong to you. No legal responsibility and/or no liability can be/will be imposed on CLOUDSPEX by using the services/products provide to you by CLOUDSPEX.
You are prohibited from acting in violation/breaching of any kinds of copyright or registration rights by using our services/products. This includes unauthorized music, books, photographs, and/or any other copyrighted material too. In addition; according to the laws, pornographic/erotic content and any other content which can be used for hacking etc. purposes cannot be hosted. Selling/retailing against the copyright/registration rights and/or hosting pornographic/erotic contents will result with the immediate termination of the service(s) you receive/are receiving from CLOUDSPEX. If any content that violates copyright/registration rights and/or that can be used for hacking etc. purposes, the relevant content(s) will be deleted, and/or access to the relevant content(s) will be blocked. In case of repetition(s) of such behaviour(s)/action(s), your service may be/will be suspended/terminated. If you think that such content(s) is (are) hosted by using the services/products offered by CLOUDSPEX, you can make a complaint by sending a message to our e-mail addres of support@cloudspex.com. Regarding your such complaint, CLOUDSPEX may request/will be able to request more information/documents/evidences from your side.
For probable complaints regarding illegal actions made by using the services/products which are provided by CLOUDSPEX; in cases which CLOUDSPEX cannot verify the cause of the complaint, and/or CLOUDSPEX is not sure whether the action taken constitutes a crime or not; the referring service/product may not be stopped/terminated. CLOUDSPEX is not legally authorized to take any decisions. In such cases, you must legally seek your rights against the person/legal entity who took the referring illegal action. CLOUDSPEX has no legal or criminal liability against any damage or loss that may occur in such cases.
All services/products offered by CLOUDSPEX are for your use only within the limits that are allowed only to you. If, in any way, you access a content/file/service/ product which you are not authorized to access and/or use, it is your responsibility and obligation to immediately notify CLOUDSPEX without using it. Otherwise, it is also within your responsibility to compensate for any material/moral damages and/or losses you may cause.
For legal reasons, for system management, to monitor unauthorized access, to verify security procedures and/or to provide operating/work safety; CLOUDSPEX may monitor the contents and/or all kinds of access of your website. During the tracking process; the content/information may be tested, saved, copied or used for such purposes mentioned above. Other than such purposes described above, CLOUDSPEX does not/cannot use and/or share your content in any way.
CLOUDSPEX reserves the right to serve/not to serve anyone it wishes. CLOUDSPEX has the right to prevent the access to, and/or to delete any kind of provocative, divisive, illegal or inappropriate content which are contraverse to the contract from all of the servers; either with or without any prior warning. In such cases; CLOUDSPEX reserves the right not to issue any refund(s), and/or to make a partial refund.
Illegal content will be reported to the authorized units and/or authorities.
Downloading infected content(s) and content(s) such as shell scripts that may harm CLOUDSPEX servers, may/will cause your account to be terminated completely without any refund. You are/will be responsible for compensating all material/moral damages and/or losses that you may incur in these ways both to CLOUDSPEX and/or any other users. It is entirely your responsibility to keep your account secure.
As for the services/products you buy/purchase from CLOUDSPEX; you are responsible from the software/scripts/programs installed on your account; and whether they are secure and the permissions given to the directories are correct, or not. The Users are responsible for all transactions made/will be made in their own accounts. This responsibility includes their usernames and passwords, too. You must/have to use a safe and unpredictable password for your accounts. Additionally, you will be responsible and liable for all malicious software that can/may be installed on our servers by using your account in any way. When necessary, CLOUDSPEX reserves the right to stop/terminate -without any refunding, and/or by partial refunding- your services/products you’ve purchased/bought from us. CLOUDSPEX does not/ will not accept any legal and/or criminal liability for any material/moral damages that may occur in this regard. You are responsible to compensate all probable material/moral damages and/or lossses that may be caused by using your account, both to CLOUDSPEX and/or any other users.
CLOUDSPEX reserves the right to demand positive modification(s) of any website, database, account or any other material/service/product which are under your ownership and/or your control.
3. SPAM Ban
CLOUDSPEX does not show any tolerance to unsolicited e-mails, mass e-mails and Spam e-mails. If you do not comply with this matter, the service(s) you receive/have received will be terminated with/without any prior notice. All services that may cause our IP block to enter the e-mail black lists will be terminated without prior notice.
In case the IP block enters the e-mail blacklists; to correct such situations, CLOUDSPEX reserves the right to charge the necessary fee from the person(s) who causes/caused it. This fee is free from CLOUDSPEX; and it will be used to clear the IP block from the e-mail blacklists. By receiving our services, you agree and confirm that in such cases, you will pay the required fee within the requested period, without any objection.
4. Payment
As long as you receive service(s) from CLOUDSPEX, you agree and promise to pay CLOUDSPEX the cost of the service(s) you receive. Unless you cancel any service you receive, your referring service will continue to be renewed and an invoice will be issued/created for the service you will continue to receive. In case you do not want to continue receiving service, you must inform us at least 15 (fifteen) days in advance that you want to have it cancelled. Thus, based on your cancellation request, your service will be cancelled at the end of the same day or at the end of the time period which you’ve paid for.
Service cancellation must be made/realized from your customer panel. Options for cancelling the service immediately or when it expires are/exist on the cancellation page.
Unless cancelled 15 (fifteen) days in advance, CLOUDSPEX reserves the right to request and collect the fee for non-paid accounts through legal means.
During the time you receive service from CLOUDSPEX, you are responsible for keeping your payment information up to date and paying your invoices on time. In case your invoice(s) are not paid on time; for your Web Hosting and Reseller Hosting accounts, CLOUDSPEX will give you an additional 6 (six) days for you to pay the invoice. If it is not/will not be paid within/at the end of this period, your referring service will be suspended. And 30 (thirty) days after the due date, the service you receive will be terminated completely. For Domain Name, VDS and rental server services; if your payment is not made on the last payment day at the latest, your accounts will be terminated immediately. CLOUDSPEX cannot be held responsible for any kinds of material/moral damages and/or data loss that may arise due to this issue.
Accidental and/or deliberate overpayments are added to your account as credits, and no refunds/returns will be made to you for any reason. You may/can use this added credits for the next services/products you purchase/buy from CLOUDSPEX.
CLOUDSPEX reserves the right to change/update the prices of its products/services at any time without prior notice.
If you use the disk (memory) space, traffic and similar resources more than and/or by exceeding the limits you have purchased, CLOUDSPEX will charge you the corresponding fee for the extra usage of the referring resources. In such a case, you have the responsibility to pay the required fee/amount to CLOUDSPEX within the requested period without any objection. If it is not paid, your account will be terminated without any refund/return; and CLOUDSPEX will not be responsible for any material/moral damages and/or data loss that may/will occur in this regard.
In cases of fee withdrawal (dispute, chargeback, etc.) made by using payment channels without the knowledge and/or permission of CLOUDSPEX; it is your responsibility to cover/bear the cost of all material and/or moral damages CLOUDSPEX incurs/suffers.
5. Backup and Data Loss
As long as you use our services, you are responsible for all/the whole of your data. CLOUDSPEX offers its backup service for your convenience, but it does not provide any guarantee and/or insurance for backups. CLOUDSPEX is absolutely not/cannot be held responsible for any data loss you may experience for any reason.
6. Service Cancellation and Refund/Return
CLOUDSPEX -with or without prior notice; without showing any reasons; without any refund/return, and/or by partial refund- reserves the right to stop/terminate any of its services/products at any time.
Making insults and/or humiliating accusations and/or showing rude behavior to any one of our employees and/or our business partners will cause your account(s)/service(s) to be suspended/terminated. In such a case, your membership will be terminated; and your contract will be terminated without any return/refund.
If you purchase/buy any services/products from CLOUDSPEX; you undertake that you will refrain from any kinds of comments, behaviors, advertisements, posters, texts, words etc. that may/will damage the commercial reputation of CLOUDSPEX and/or its employees and/or its business partners. In the event of a contrary behavior/behaviors; you hereby acknowledge, agree and declare that you are under the liability of material and/or moral compensation, and also that Istanbul Courts and Enforcement Offices are authorized in all probable cases which may be filed against you.
Our services provided to websites that cause indirect or direct damage to our servers, and/or cause problems such as slowdown/interruption, and are being attacked/under cyber attack may be terminated without any prior notice and without any refund/return. In such cases, CLOUDSPEX may/will request you to compensate for the material damage incurred. In such a case, you have the responsibility and obligation to pay the required fee/amount within the requested period without any objection.
For services which are already paid for; if the referring service is cancelled before the service expires (for reasons such as anomalous/abnormal usage against the service contract, user request, etc.), the entire service fee or the unused/remaining time will not be refunded/returned. You may/can use the credit in your account for other services/products that you can/may purchase/buy from CLOUDSPEX. But for your services that will be terminated early; you will not be refunded/paid back, and/or no credit(s) will be added to your account.
7a. Usage of the Service/Product
7aa. Web Hosting/Reseller Hosting
Actions that are not allowed:
a) It is strictly forbidden for you to send mass e-mails and/or send SPAM e-mails in any ways and for any reason. Our e-mail services are available only for your regular/routine correspondences.
b) It is prohibited to use more than 25% of resources for more than 90 (ninety) seconds. There are many activities that can cause problems; and these include CGI software, FTP, PHP, HTTP etc. Resource usage reports are detected by CLOUDSPEX; and CLOUDSPEX is not required/obliged to provide any evidences/reports to you and/or to third parties regarding your resource usage.
c) Average resource usage of more than 5% per day for Web Hosting accounts, and 12% per day for Reseller Hosting accounts is prohibited. There are many activities that can cause problems; and these include CGI software, FTP, PHP, HTTP etc. Resource usage reports are detected by CLOUDSPEX; and CLOUDSPEX is not required/obliged to provide any evidences/reports to you and/or to third parties regarding your resource usage.
d) You are prohibited from running any server based programs on our servers; and that includes/involves server-based programs such as IRCd (Internet Relay Chat daemon).
e) You are prohibited from running spider or indexer programs such as Google Cash/AdSpy.
f) You are prohibited from running any software that communicates with IRC (Internet Relay Chat) networks.
g) You are prohibited from running any proxy applications.
h) You are not allowed to run any BitTorrent applications. You can give links to legitimate/legal torrents outside of our servers, but hosting them on our servers is prohibited.
i) It is prohibited to run any file sharing/peer-to-peer (P2P) applications.
j) Knight Online, Counter-Strike, Half-Life etc. game server applications are prohibited.
k) It is forbidden to run cronjob applications at intervals shorter than 15 (fifteen) minutes.
l) You are prohibited from running file sharing softwares. (E.g. RapidShare, etc.)
m) You are prohibited from running Audio Stream / Video Broadcast applications.
n) Each Web Hosting account is limited to a maximum of 250,000 (two hundred and fifty thousand) files. Accounts with more than 100,000 (hundred thousand) files are not/will not be backed up by us.
7ab. VDS/Dedicated Server
Actions that are not allowed:
a) It is strictly forbidden for you to send mass e-mails and/or send SPAM e-mails in any ways and for any reason. Our e-mail services are available only for your regular/routine correspondences.
b) In our VDS services, resources cannot be used in such a way/capacity that can harm/damage other VDSs in any way. This problem is often caused by intense disk activities.
c) You are prohibited from running any proxy applications.
d) You are not allowed to run any BitTorrent applications. You can give links to legitimate/legal torrents outside of our servers, but hosting them on our servers is prohibited.
e) It is prohibited to run any file sharing/peer-to-peer (P2P) applications.
f) Knight Online, Counter-Strike, Half-Life etc. game server applications are prohibited.
7b. Backup Limit
The service(s)/product(s) received by our Customers who continuously make backups which CLOUDSPEX considers unnecessary may/can be suspended/terminated with or without prior notice. This clause is valid if/in case the server is damaged by using the backup service for purposes other than taking backups.
7c. Unlimited Web Hosting
a) Our unlimited Web Hosting services include/cover Hosting only the files of your websites and only your website traffic.
b) Unlimited Web Hosting Space cannot be used for data storage and/or backup space.
8. Traffic Usage
Depending on the service/product package you purchase, you get/obtain a certain/limited traffic limit/capacity. In case this limit/capacity is filled and/or exceeded, the referring service(s) you purchased may be automatically suspended until the next/following month or until you purchase more traffic for your account. You are responsible for tracking the traffic you used and/or currently use. Unused traffic cannot be/will not be transferred to the next month. Your usage over/exceeding the traffic you purchased will be billed/invoiced for the next/following month; and you hereby agree, confirm and declare that you will pay this regarding fee/amount within the period requested from you without any objection.
9. Uptime Guarantee
If the 99% uptime guarantee promised and guaranteed by CLOUDSPEX is not/will not be fulfilled; upon your request, CLOUDSPEX is/will be under the responsibility and obligation to provide you with 1 (one) month free usage right for the relevant service. Uptime reports from third party monitoring software(s) do not apply to CLOUDSPEX; CLOUDSPEX keeps and publishes its uptime reports by itself. In cases where the uptime guarantee is not fulfilled, you must send a message to our e-mail address of support@cloudspex.com for us to add credit to your account. In VDS and dedicated server services, only the network is guaranteed; and it is not the responsibility and/or obligation of CLOUDSPEX that your VDS or dedicated server is operational and/or accessible. In such cases, CLOUDSPEX will not be aware of the problem unless/until you notify us. In cases where the uptime guarantee cannot be fulfilled, the discount rate which will be provided in VDS / dedicated server services does not/will not include 3rd party software/license fees/prices.
The uptime guarantee is not/will not be valid during probable/possible attacks by malicious individuals on the server to keep the server down, and/or during the server maintenance previously notified. For possible interruptions that will occur/may occur because of this reason; the referring deduction will not be reflected in the uptime rate.
10a. Scope of Support
You acknowledge and agree that CLOUDSPEX does not/will not provide any support for issues that do not/will not include the service/product you purchase/have purchased from us. For any hosting service purchased, CLOUDSPEX has no obligation/responsibility to provide software support and/or to fulfill user transactions (e-mail account opening/e-mail setting, database creation, etc.). In VDS / dedicated server services, support is/will be provided only in order the system to be set into its original/default state; any additional software installations and/or user transactions are not/will not be included in the scope of our support. In software services, CLOUDSPEX is/will only be obliged to deliver you a software that works/operates properly.
To be able to benefit from our support system, you must log in to your customer panel with your own password and send us a support notification from/by using the Support Notifications section. No information about the account is/can be shared by other means/methods (e-mail, telephone, live support, contact form, etc.) and no action is/can be taken by these means.
10b. 24/7 Support and Period of Support
The concept of 24/7 Support does not/will not mean that you will reach CLOUDSPEX instantly and/or receive an immediate response to your support notifications whenever you call them by phone at any time of the day. Our support team tries its best to respond to your notifications as quickly as they can and as quickly/urgently as possible. The term of 24/7 Support indicates that our team is working regardless of the working hours, and the response(s) you will receive to your support notification(s) -depending on the intensity/busyness of our support team- is 24 (twenty four) hours at the most, unless exceptional circumstances occur.
11. Reseller Hosting: Customer Responsibility
If you are purchasing/buying a Reseller Hosting account, you are/will be responsible and liable for supporting your own customers. CLOUDSPEX does not/will not support and/or make any promises to the customers of its users who have purchased/will purchase its Reseller Hosting service(s)/product(s). If a customer of any Reseller Hosting user communicates with us either positively or negatively; CLOUDSPEX reserves the right to suspend your account until you take care of/respond to your own customer. In addition, our Reseller Hosting users are/will be responsible for all/all kinds of content of their customers' websites. CLOUDSPEX cannot/will not be held responsible for any illegal/unlawful acts, activities and/or non-contractual behaviors/activities of the customers of its Reseller Hosting users.
12. VDS and Dedicated (Rented) Server
CLOUDSPEX reserves the right to reset the password of any VDS or dedicated server service it offers. It is our customer's own preference and his/her responsibility to have a valid e-mail address and root password stored in our system. VDS and dedicated servers are not backed up by us, so it is the customer's responsibility to back up all data/backup.
13. Co-Location (Server Hosting)
CLOUDSPEX reserves the right to reset the password of the server in any server hosting service it offers. It is the customer's own choice responsibility to have a valid e-mail address and root password stored on our system. The hosting service area is not/will not be backed up by us; it is the customer's own responsibility to back up all data/backup.
In case of payment delays -especially in case of deliberate payment delays- by its customers for CLOUDSPEX’s server hosting services; CLOUDSPEX reserves the right to hold the hosted server and other equipment(s) in pledge until the referring payment is made to CLOUDSPEX with the statutory interest.
14. Price Change
For the duration of any service you purchased from us; you definitely will not be charged an additional fee/price for that service, unless you purchase/buy an/any additional feature and/or use anything outside/exceeding the limits which are allowed to you. CLOUDSPEX reserves the right to change its relevant prices/fees and renew its service with a new pricing at the end of that service period.
15a. Compensating for the Damages and/or Losses
By purchasing/buying any services/products of/from CLOUDSPEX; you accept, promise and declare that you will not cause CLOUDSPEX any kinds of material/moral damage/loss in any way; and you will not cause any kinds of material/moral damage/loss to any of CLOUDSPEX’s employees/business partners/vendors/suppliers etc.; and you accept and undertake to compensate for any kinds of material/moral damage/loss that may arise either because of you and/or any responsible-representative persons/people/authorities etc. on your side working in/on behalf of you.
15b. Legal Requirements
By purchasing/buying any services/products of/from CLOUDSPEX; you hereby agree and undertake not to impose any legal liability and/or liability on CLOUDSPEX. In such a case, you agree and undertake that you will meet all court and attorney fees within the requested period.
16. Disclaimer
CLOUDSPEX cannot/will not be held liable and/or responsible for any kinds of damages and/or material/moral losses which your business/trade/company/organization etc. may/might suffer. CLOUDSPEX does not/will not offer and/or promise any guarantee and/or insurance to its own customers regarding the services it provides. This includes data losses, delays, interruptions, and/or incorrect information delivery caused either by CLOUDSPEX and/or any of its officers/specialists. CLOUDSPEX will not accept any responsibility and/or liability if/in case your data/information is intercepted/confiscated by the third parties in the event of any hacking which may occur out of our control.
17. Providing Legal Information
When necessary, CLOUDSPEX must/is obliged/have to give/transmit/submit any kinds of information requested/required by the legal/official authorities from it by Law. This information, in necessary and/or urgent cases, may also be your private information.
