Why CloudSpex?

1. THE PARTIES

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

Nishgroup Bilgi Teknolojileri San. Tic. A.S. (will be mentioned hereby as CLOUDSPEX) which is located at the address of Murat Reis Mahallesi, Selamet Sokak No.9 Uskudar, Istanbul, Turkey, 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;

Real Persons and/or Legal Persons/Entities who open/have opened an account(s) on the CLOUDSPEX website by purchasing/buying CLOUDSPEX products and services upon their request as a customer; personal/corporate information/identities of whom is/are received via the relevant online form on the CLOUDSPEX website (will hereby be mentioned as the CUSTOMER and/or YOU.)

Your acceptance/signing of this Agreement electronically means that you have read and understood this Contract and the corporate policies and/or Agreements on the internet address entitled www.cloudspex.com (will hereby be referred to as the SITE) -which is attached by reference to this Agreement- and that you agree on/confirm their content and articles; and it also will mean that you agree/confirm to be bound by the terms of this Agreement.

The terms "We", "Us" or "Our" used in this Agreement will mean "CLOUDSPEX" and represent the CLOUDSPEX party.

The terms "You", "Your" "Customer" or "User" shall mean all persons or entities who/which approve this Agreement by accepting and signing it.

2. COMMENCEMENT AND DURATION OF THE CONTRACT

This Contract comes into force when/as soon as the CUSTOMER makes an online service application from/via the SITE belonging to CLOUDSPEX; and then the approval/activation of the related service/product. This is a rolling/non-expiring Contract. Even if the CUSTOMER subscribes by making monthly payments, the duration of this rolling Contract is/will be non-expiring.

3. DESCRIPTION OF THE SERVICE

The service provided by CLOUDSPEX to the CUSTOMER basically consists of the CUSTOMER's websites and/or database being hosted in/on the servers of CLOUDSPEX and their broadcasting throughout the internet network. Under this Agreement, the CUSTOMER may/can purchase any of the "Web Hosting", "Reseller Web Hosting" or "Database Hosting" services individually and/or together.

By using this Service(s); the CUSTOMER is deemed to have accepted to comply with all rules, policies and procedures of CLOUDSPEX, which are published on the Site within the terms and conditions specified herein.

3.1. CLOUDSPEX, depending on the terms and conditions of this Agreement, will provide the CUSTOMER with the maximum continuity and functionality by using all possible and reasonable resources throughout the duration of the Contract. The CUSTOMER hereby acknowledges and agrees that the Services may not be accessible or operated in certain situations; including, but not limited to:

3.1.1. Force Majeure (earthquakes, fires, floods etc. natural disasters and other anthropogenic/man-made disasters),

3.1.2. Hardware malfunctions,

3.1.3. Periodic Maintenance procedures or repairs undertaken by CLOUDSPEX from time to time,

3.1.4. Causes that occur beyond the control of and/or unpredictable by CLOUDSPEX; without being limited to interruptions or malfunctions in telecommunications or digital transmission lines, malicious network attacks, network intensity or other alike malfunctions.

3.2. The CUSTOMER acknowledges that CLOUDSPEX does not have 100% (one hundred percent) control regarding the continuity and/or uninterruptibility of its Services; and also that, these issues are not guaranteed in the mentioned rate/way.

3.3. CLOUDSPEX will make all the necessary effort to ensure 100% (one hundred percent) continuity of the Services it provides to the CUSTOMER.

3.4. Service Continuity Guarantees (CLOUDSPEX SLAs): CLOUDSPEX provides standard service level guarantees to all of its CUSTOMERS with Service Level Agreement (SLA). You can access the relevant Contract on/via the Site.

3.5. SSL Certificates: Except for those restricted by certain products or Services, any SSL Certificate purchased from CLOUDSPEX or companies to which CLOUDSPEX is affiliated for use with CLOUDSPEX Services -as defined in the contract specified by the Provider- is designed for its own private use, and it cannot be transferred to any other internet Hosting service from the server where it is used. In case the CUSTOMER uses an SSL Certificate on the website hosted on CLOUDSPEX servers, CLOUDSPEX creates the associated private key and stores it in a secure environment. Even in case of a request by the CUSTOMER for security reasons, CLOUDSPEX will never release the private key of the CUSTOMER. If the CUSTOMER wishes to use its private key outside of the CLOUDSPEX servers by exporting the SSL Certificate, it must notify CLOUDSPEX of this request in writing (written request) within 30 (thirty) days at the latest following the beginning of the purchase of the Service.

3.6. Reseller Web Hosting: Subject to the terms and conditions of this Agreement; with its "Reseller Web Hosting" Service, CLOUDSPEX grants the CUSTOMER (RESELLER) the non-transferable franchise right for the sale of some of its Services. In this context, the RESELLER has the right to use "ENTRENIX Control Panel"; but he/she cannot/will not transfer, sell and/or lease this mentioned right. The RESELLER is responsible for all records, data, services, contents and transactions kept under its own Accounts. The RESELLER is obliged to support its own CUSTOMERS (sub-dealers, users, members). CLOUDSPEX provides a Reseller Account and a limited Control Panel support only to the RESELLER itself. If it is detected that the products or services of CLOUDSPEX are copied or used without permission, the RESELLER is obliged to inform CLOUDSPEX immediately. CLOUDSPEX will hold the RESELLER responsible for all kinds of transactions and actions of the RESELLER CUSTOMERS which are/will be illegal or contrary to the Service Agreement. The RESELLER will be responsible for the compensation of all material and moral damages which the DEALER CUSTOMERS may give to CLOUDSPEX. In case CLOUDSPEX makes a payment in this regard, the right of recourse to the RESELLER is reserved by CLOUDSPEX. The RESELLER may provide some CLOUDSPEX Services to its own CUSTOMERS by using its own brand and name. Without the written consent/permission of CLOUDSPEX; the RESELLER cannot use any kinds of procedures, documents, know-how, research and development studies, projects, commercial secrets and any confidential information that constitute the subject of CLOUDSPEX's Intellectual and Industrial Property -including its Trademarks, Patents and Industrial Designs- in favor of any third-party individuals and/or share them with any third parties and institutions.

3.7. Additional Services and 3rd Party Applications (TrendMicro AV, Google AdWords, Trademark Registration, etc.): The CUSTOMER may benefit from the Services and/or Products and/or Applications offered by CLOUDSPEX in addition to certain Services (hereinafter will be collectively referred to as "Services"). In this case, CLOUDSPEX cannot be held responsible for any errors, faults, damages, losses and/or malfunctions that may arise from these Services provided by third companies/institutions. Regarding these Services; CLOUDSPEX does not provide any support, guarantee and/or insurance to the CUSTOMER.

4. OBLIGATIONS OF THE CUSTOMER

4.1. The CUSTOMER acknowledges and declares that the truthful reporting/declaration of all identification information including the T.C. Turkish Republic Identification Number (Passport Serial Number for our foreign customers, or Social Security Number for our US Citizen clients), is a mandatory and prerequisite condition for the valid establishment of this Agreement/Contract. In case it is discovered/determined later that the identity information of the CUSTOMER is incorrect or incomplete; upon the notification which will be made by CLOUDSPEX, the relevant error or deficiency will be corrected by the CUSTOMER within 2 (two) days. Otherwise, CLOUDSPEX has the right to terminate/cancel this Agreement immediately without the need for a separate warning or notice. Due to the terminations made by CLOUDSPEX for this reason; the CUSTOMER accepts, declares and undertakes that he/she/it -under any name and any account- cannot/will not make demands/requests for any compensation, payment, return, compensation, etc. from CLOUDSPEX, due to the suspension of the service provided or the termination of the Contract. The CUSTOMER agrees and undertakes to indemnify all kinds of damages of CLOUDSPEX -including the damages that may be incurred by the Persons arising from the inaccuracies or deficiencies in the information in question- due to the missing or incorrect information provided.

4.2. The CUSTOMER cannot/will not behave in a way that will damage the commercial reputation and prestige of the CLOUDSPEX CUSTOMERS. In such cases, CLOUDSPEX reserves all of its rights to terminate, suspend, freeze, etc. the Contract. In the occurrance/presence of such a situation, the CUSTOMER cannot/will not claim any material and/or moral damages against CLOUDSPEX.

4.3. CONTENT

4.3.1. By signing this Agreement, the CUSTOMER declares and undertakes that he/she accepts the terms of service. By signing this Agreement, -with reference to e-mail interactions, web publications and all processes regarding his/her/its membership- the CUSTOMER agrees and undertakes that he/she/it shall be liable to the T.C. Turkish Laws and Legislations; agrees and undertakes that he/she shall not act contrary to Turkish Laws, decree laws, bylaws and regulations and general morals and manners; and agrees and undertakes that he/she is entirely responsible for the content of internet pages, FTP and other internet services belonging to the CUSTOMER and/or the CUSTOMER’s CUSTOMERS.

4.3.2. The CUSTOMER accepts and undertakes that he/she will use the information, data, e-mail, internet pages and all other electronic information -which will be kept in the Hosting system preferred by the CUSTOMER- for the purposes and legal activities stated in this Agreement without violating the public order; and he/she/it will comply with Turkish laws, legislations, customs and traditions and general moral rules; and he/she/it accepts and undertakes that all financial and legal liabilities of copyrights will be undertaken by the CUSTOMER. The CUSTOMER accepts, declares and undertakes in advance that he/she/it will not violate/breach the rights of third parties and institutions sourcing/arising from all kinds of laws and regulations through the service provided, including the scope of IT Law (Bilisim Hukuku), Intellectual and Industrial Rights Law (Fikri ve Sinai Haklar Hukuku) and Criminal Law (Ceza Hukuku). The CUSTOMER is responsible for any legal action and illegal content that may arise in this regard, and the fees and other compensation to be paid will only be undertaken by the CUSTOMER. The CUSTOMER agrees to exclude CLOUDSPEX from these relationships and issues anyway. However; in case of any administrative, legal or criminal proceedings against CLOUDSPEX for any reason, the CUSTOMER is/will be obliged to indemnify all material and moral damages that CLOUDSPEX and third parties have suffered/will suffer. In the event of legal, administrative and/or criminal proceedings against CLOUDSPEX due to unlawful acts of the CUSTOMER; all rights including CLOUDSPEX's notice, recourse, etc. are reserved. The CUSTOMER accepts, declares and undertakes in advance that he/she/it cannot claim that CLOUDSPEX is responsible for the CONTENT for any reason.

4.3.3. CLOUDSPEX is not obliged to check the accuracy and content of the information reaching its system and to apply any censorship, unless there is a request from legal authorities. For this reason, the CUSTOMERS will check the accuracy and appropriateness of the information that will be delivered to them via the internet. The legal and criminal liability for damages that may occur due to the accuracy and content of the information received by them belongs exclusively to the CUSTOMER. Any written, audio or visual content or material presented from CLOUDSPEX servers cannot be against the Turkish Laws. Otherwise, the responsibility belongs to the CUSTOMER in terms of all material and moral damages that arise or will arise.

4.3.4. The CUSTOMER cannot use unlicensed software under any circumstances whatsoever; he/she/it cannot distribute pirated software that violates copyright and other intellectual property laws, and cannot send e-mails with advertising content (SPAM) sent without the consent of third parties. As long as this Agreement is/will be valid, a copy of the licenses and invoices of the installed software and the software to be installed in the future must be submitted to CLOUDSPEX. The CUSTOMER agrees and undertakes to deliver the relevant license and invoice copies to CLOUDSPEX within 30 (thirty) days from the date of receipt. The CUSTOMER will be responsible for all probable disputes arising between the Licensee and the CUSTOMER. However; in the event of an administrative, legal or criminal proceedings against the CUSTOMER for any reason, the CUSTOMER is/will be obliged to compensate CLOUDSPEX for all damages.

4.3.5. The parties will not behave in a way that will/can harm each other's commercial reputation and prestige. The CUSTOMER won’t obtain/get any rights of business partnership, collaboration, co-using/using etc. as a result of purchasing any services from CLOUDSPEX -no matter he/she/it gets information (any kinds of procedures, documents, know-how, research and development studies, projects, commercial secrets and any confidential information regarding CLOUDSPEX’s commercial info, trade secret, internal functioning of the company, the content of the services it provides etc.) about CLOUDSPEX either by his/her/its rights resourcing from the Intellectual and Industrial Rights Law (Fikri ve Sınai Haklar Hukuku) or not. And without the written consent/permission of CLOUDSPEX; the CUSTOMER cannot/will not use any kinds of procedures, documents, know-how, research and development studies, projects, commercial secrets and any confidential information that constitute the subject of CLOUDSPEX's Intellectual and Industrial Property -including its Trademarks, Patents and Industrial Designs- in favor of any third-party individuals and/or share them with any third parties and institutions. Except for the otherwise situations specified; the CUSTOMER is responsible for the System and information security, and he/she/it is also responsible for the information security during the use of his/her/its own services.

4.3.6. If CLOUDSPEX is/becomes aware of the CUSTOMER’s violation of the terms of service; CLOUDSPEX reserves the right to take measures/precautions such as deleting the relevant CUSTOMER's information, stopping and/or suspending his/her/its broadcast, blocking harmful broadcasts, blocking its access etc. In addition, the CUSTOMER who violates the terms of use cannot/will not claim any rights or damages against the measures/precautions that may be/will be taken by CLOUDSPEX.

4.3.7. The CUSTOMER will fulfill the duties undertaken on the Hosting service under this Agreement in accordance with the Law No.5651 (5651 Sayili Yasa); in case of a legal request/demand for information, the CUSTOMER undertakes to inform the legal authorities or CLOUDSPEX completely and accurately within 1 (one) business day at the latest; otherwise, he/she/it will cover the damages and costs of CLOUDSPEX. In accordance with Law No.5651 (5651 Sayili Kanun); in the event of a request from CLOUDSPEX by third parties who claim that their rights protected by official authorities and legislation have been violated/breached, the CUSTOMER hereby accepts, declares and undertakes in advance that he/she/it knows that the information and log records recorded in the System may be shared, and also that the CUSTOMER has his/her/its consent/approval in this regard. In the event that this and similar information is requested by official authorities from CLOUDSPEX, or illegal content is reported to CLOUDSPEX pursuant to Law No.5651; the CUSTOMER irrevocably accepts, declares and undertakes in advance that CLOUDSPEX reserves the right to take all kinds of measures/precautions in terms of preventing/stopping acts and activities that constitute unlawfulness; including blocking the access of the CUSTOMER, removing the content from the publication, suspending the service and the termination of the service and the service Contract. The CUSTOMER cannot claim that his/her/its material and moral rights are violated in terms of the precautionary actions taken by CLOUDSPEX due to such requests. In case/if the CUSTOMER does not fulfill its payment obligations against CLOUDSPEX, or if the CUSTOMER violates the provisions regarding Articles 8 and 9 of the Law No.5651 on the Regulation of Publications Made On The Internet and Fight Against Crimes Committed Through These Publications (5651 Sayili Internet Ortaminda Yapilan Yayinlarin Duzenlenmesi Ve Bu Yayinlar Yoluyla Islenen Suclarla Mucadele Edilmesi Hakkinda Kanun’un 8. ve 9. Maddeleri) and the Turkish Penal Code No.5237 Section 10 (5237 Sayili Turk Ceza Kanunu’nun 10. Bolumu) and other relevant provisions; related services may be suspended/stopped by CLOUDSPEX, and/or this Agreement may be terminated/cancelled immediately by CLOUDSPEX unilaterally and without any additional liability, without any compensation and without notice. In this case, the CUSTOMER cannot/will not claim the losses he/she/it suffered from CLOUDSPEX and/or recourse them to CLOUDSPEX.

4.3.8. The CUSTOMER cannot rent, sell, transfer and/or let others use the mentioned usage right. Otherwise, the CUSTOMER accepts, declares and undertakes that he/she/it may be subject to penal terms up to the minimum Contract value without the need for any legal notice or warning.

4.3.9. The CUSTOMER is obliged to take the necessary precautions and security against attacks, information theft, Hacking and all kinds of misuse that may be carried out to different servers and systems maintained by CLOUDSPEX over/through the internet. Within the scope of shared Hosting services, the CUSTOMER will be exclusively responsible for all damages/harms that may be caused by his/her/its website by creating excessive system load, excessive CPU, RAM and Disk usage and other reasons for exhausting the System; and the CUSTOMER accepts and undertakes in advance that he/she/it will compensate the damages that may arise due to the disruption of the services of other CLOUDSPEX CUSTOMERS, and that the services of the CUSTOMER may be stopped by CLOUDSPEX due to these reasons.

4.3.10. The CUSTOMER is liable to indemnify all kinds of material and moral damages; including but not limited to the damages of third parties; which may arise from situations such as connecting to his/her/its network or system without the consent of a third party, stealing passwords of third parties, installing malicious software on the server; and the CUSTOMER acknowledges and undertakes that his/her/its account may be suspended by CLOUDSPEX because of this. In order to access networks and systems that are not under the direct control of the CUSTOMER, it is obligatory to obtain written consent from the said third party. If CLOUDSPEX wishes, it may request a document from the CUSTOMER to prove that the access to the network or system belonging to any third party is permitted; and CLOUDSPEX may require such documents to be submitted to its party. The CUSTOMER agrees with CLOUDSPEX that the CUSTOMER will provide and compensate the damage and loss of CLOUDSPEX against any claim arising from the use of CLOUDSPEX’s services by the CUSTOMER.

4.3.11.

a. Examples of materials that are rejected/will not be accepted on any one of the Shared and Reseller web servers include:

Topsites

Hotlinks

USENET and all IRC (Internet Relay Chat) scripts, bots etc.

Image, file Hosting scripts (Mirror Script) and softwares (like Photobucket, TinyPic, RapidShare etc.)

Paid or free video, file, backup, documents, etc. file Hosting, creating archives or using scripts

Attempts to send e-mails by Mail Bombing, Mailer Pro, Spam scripts

Creating malicious traffic by using Brute-Force Programs/Scripts/Applications

Proxy scripts

Multi-User Dungeons (MUDs) / Role Playing Games (RPGs) / Persistent Browser Based Games (PBBGs)

AutoSurf/PTC/PTS/PPC websites

Publishing Spamdexing, Black Hat SEO websites

Banner-Ad services (commercial banner-ad cycle)

Internet data collectors and index services (including Google Cash/AdSpy)

Anonymous or bulk SMS (Short Message Service) gateways

Broadcasting Commercial Audio (more than one or two streams)

Escrow Account / Bank bonds

Forums and/or websites which distribute warez/unauthorized/pirated/illegal content and/or linking/linked to them

Online Scam websites (including the ones listed on aa419.org and escrow-fraud.com)

Broadcasting Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.) on the internet in any way, method and manner

BitTorrent or other P2P (peer-to-peer) applications, as tracker or client

Knight Online, Counter-Strike, Half-Life, Battle Field 1942 etc. game scripts, contents and publications

Websites/archives/programs focused on Hacking and/or serving for the purpose of Hacking

Malicious softwares, fraudent contents, phishing attempts

Any code software that will affect the performance of the server or network

Service attacks such as Denial of Service (DDOS), Brute-Force, Syn Attack etc.

Testing unauthorized System or Network vulnerabilities, and attempting to violate security or authentication measures

Spoofing / Impersonation notification or e-mailing

Proxy servers accessible from the outside or that are password protected; or Proxy services that are used anonymously

Abusing or misusing the Network by/with services such as Open Proxy servers, Relay Mail servers, Domain Name System DNS Recursion etc.

Insults and discourses of hate committed against individuals and institutions

Sexually explicit content (nudity, pornography or similar)

Unauthorized use of copyrights, trademarks, patents, trade secrets or any third party information / privacy violations

Defamatory, harassing, swearing, threatening hateful content that violates personal privacy and incites violence

Content that may affect the investigation processes of national security or law enforcement agencies/bureaus

Content that encourages people to use illegal substances

Content that promotes illegal activities or serves in favor of this purpose (smuggling of arms/weapons, gambling like betting and lottery, etc.)

Financial investment web sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM (Multi-Level Marketing) / Pyramid Schemes

Sales/buying and/or e-trade of items/materials whose sale is/are subject to authorization, without proving the existence of the required authorization(s)

Invoice and/or Payment Collection websites

b. Examples of materials that is rejected/will not be accepted on Physical, Shared and/or Virtualized servers include:

Online/Transferred Chat (IRCd - Internet Relay Chat daemon) (IRC – Internet Chat Relay servers)

IRC (Internet Relay Chat) scripts / bots

Warez

IP (Internet Protocol Adress) Scanners

Brute-Force Programs/Scripts/Applications

Attempts to send e-mails by E-Mail Bombing, Mailer Pro, Spam scripts

Escrow accounts

Websites/archives/programs focused on Hacking and/or serving for the purpose of Hacking

Forums and/or websites which distribute warez/unauthorized/pirated/illegal content and/or linking/linked to them

Online Scam websites (including the ones listed on aa419.org and escrow-fraud.com)

Broadcasting Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.) on the internet in any way, method and manner

BitTorrent or other P2P (peer-to-peer) applications, as tracker or client

Financial investment web sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM (Multi-Level Marketing) / Pyramid Schemes

Insults and discourses of hate committed against individuals and institutions

Sexually explicit content (nudity, pornography or similar)

Unauthorized use of copyrights, trademarks, patents, trade secrets or any third party information / privacy violations

Defamatory, harassing, swearing, threatening hateful content that violates personal privacy and incites violence

Content that may affect the investigation processes of national security or law enforcement agencies/bureaus

Content that encourages people to use illegal substances

Content that promotes illegal activities or serves in favor of this purpose (smuggling of arms/weapons, gambling like betting and lottery, etc.)

Service attacks such as Denial of Service (DDOS), Brute-Force, Syn Attack etc.

Testing unauthorized System or Network vulnerabilities, and attempting to violate security or authentication measures

Abusing or misusing the Network by/with services such as Open Proxy servers, Relay Mail servers, Domain Name System DNS Recursion etc.

Invoice and/or Payment Collection websites

Malicious softwares, fraudent contents, phishing attempts

Unlicensed applications are not allowed on servers. If necessary, CLOUDSPEX may request the relevant license document from the CUSTOMER.

4.3.12. Despite not being stated in the above articles, it is strictly forbidden to carry out any illegal and criminal activities. Otherwise, CLOUDSPEX reserves the right to terminate/cancel the Agreement without any compensation and without any notice. It is the CUSTOMER's responsibility to ensure that the softwares (scripts)/programs installed in the CUSTOMER's account are secure, and also that the access permissions to the directories are set properly. Including all related equipment, networks and network devices; CLOUDSPEX’s services are only for the use of the permitted CUSTOMER. CLOUDSPEX systems can be monitored for all legal reasons; and these reasons include ensuring that the use is permitted/allowed, managing the system, facilitating protection against unauthorized access, and verifying security procedures, sustainability and transaction security. During monitoring; information can be viewed, saved, copied and used for permitted purposes. The use of the CLOUDSPEX System(s) consents to monitoring for these purposes. Any Account -without exception- that connects to its network or system without the consent of a third party, may be suspended. In order to access networks and systems that are not under the direct control of the CUSTOMER, it is obligatory to obtain a written consent from the mentioned third party. If CLOUDSPEX wishes, it may request a document to prove that access to the network or system belonging to the third party is permitted; and CLOUDSPEX may require such documents to be submitted to itself.

4.3.13. CLOUDSPEX reserves the right to refuse to provide its own services regardless of who requests it.

In addition to the relevant articles specified in the General Terms of Service Agreement; not limited to those listed above; if the e-mail message which is/will be sent from the relevant department of CLOUDSPEX is not answered within 48 (forty-eight) hours, the service(s) offered to the CUSTOMER may be suspended or terminated. Any issue and/or error related to abuse/abusing must be negotiated via reporting/e-mail messaging; and it has to be responded within 48 (forty-eight) hours. It is not possible to submit claims that the relevant e-mail message was not received, read, etc.; and the responsibility for keeping the e-mail address up-to-date belongs solely and only to the CUSTOMER.

All CLOUDSPEX CUSTOMERS are ultimately responsible for all transactions made under the accounts of their Resellers/Dealers.

4.4. Resource Usage

The CUSTOMER;

4.4.1. The CUSTOMER acknowledges in advance that he/she/it is aware that accounts with a high number of files may cause a decrease in server performance and also that these are limited under this Agreement/Contract. The "inode" (Index Node) represents the amount of all files in your Linux Hosting account. The limits are: 250,000 (two hundred and fifty thousand) inodes for Linux System and 500,000 (five hundred thousand) files for Windows System in any shared Hosting account. In the event that the limits in this provision are exceeded by the CUSTOMER, CLOUDSPEX has the right to give time to reduce the number of files by warning the CUSTOMER by phone and/or e-mail. If the necessary actions are not taken by the CUSTOMER within the time given to him/her/it, CLOUDSPEX has the right to suspend or terminate the service in question.

4.4.2. The CUSTOMER acknowledges in advance that accounts with a high number of database tables and/or database sizes may cause a decrease in server performance and these are limited under this Agreement. The usage limit for the total number of tables in the database is 5,000 (five thousand); the limit for the number of tables in a single database is 1,000 (one thousand); the limit for the total size of the databases is 10 (ten) GB; and the limit for the size of a single database is 5 (five) GB. In the event that the limits specified in this provision are exceeded by the CUSTOMER, CLOUDSPEX has the right to give time to reduce the number of files by warning the CUSTOMER by phone and/or e-mail. If the necessary actions are not taken by the CUSTOMER within the time given to him/her/it, CLOUDSPEX has the right to suspend or terminate the service in question.

4.4.3. The upper limit of use of system resources is determined differently for each package. These limits are as follows:

• for Starter and Super Starter packages: 512 MB RAM / 1 (one) Core CPU
• for Unlimited package: 1024 MB RAM / 2 (two) Core CPU
• for Unlimited Pro package: 2048 MB RAM / 2 (two) Core CPU
• for Unlimited Xtreme package: 4096 MB RAM / 4 (four) Core CPU

There are several activities that lead to overuse of resources. These include CGI scripts, FTP, PHP, HTTP, etc. How many seconds the CPU will process commands is an important parameter for the performance of the server; in order to ensure fair usage between packages in shared Hosting services, CPU usage time is limited per account. CPU usage time limits are set as follows:

• for packages with 1 (one) Core CPU: 1,000 (one thousand) seconds/hour; 10,000 (ten thousand) seconds/day; 300,000 (three hundred thousand) seconds/month
• for packages containing 2 (two) Core CPUs: 2,000 (two thousand) seconds/hour; 20,000 (twenty thousand) seconds/day; 600,000 (six hundred thousand) seconds/month
• for packages containing 4 (four) Core CPUs; 4,000 (four thousand) seconds/hour; 40,000 (forty thousand) seconds/day; 800,000 (eight hundred thousand) seconds/month.

In the event that the limits specified in this provision are exceeded by the CUSTOMER, CLOUDSPEX has the right to give time to reduce the number of files by warning the CUSTOMER by phone and/or e-mail. If the necessary actions are not taken by the CUSTOMER within the time given to him/her/it, CLOUDSPEX has the right to slow down the service in question. It is within the knowledge and acceptance of the CUSTOMER that performance problems may occur if/in case these limits are exceeded.

4.4.4. The input/output (I/O) limits in hard/fixed drives and solid-state drives (SSD) are as follows:

• 1024 KB for Starter and Super Starter packages
• 2048 KB for Unlimited package
• 2048 KB for Unlimited Pro package
• 4096 KB for Unlimited Xtreme package

4.4.5. He/she/it cannot run independent, unattended server-side processes/operations on the server at any time. This includes all kinds of programs with a delaying nature, such as the Internet Relay Chat daemon (IRCd).

4.4.6. The CUSTOMER agrees and declares that the MySQL databases are an integral value-added service of the shared Hosting service and can only be used with the shared Hosting service; and for this reason, he/she/it accepts, declares and undertakes in advance that, if deemed necessary, database access requests from outside the CLOUDSPEX network may be rejected by CLOUDSPEX; and also that no claims can be/will be made under any name and/or title in this regard. MySQL users are limited to 25 (twenty-five) simultaneous connections instantly; and when this limit is exceeded, "too many connections" error is received/occurs. Rate limit will be applied to MySQL requests coming from outside the network belonging to CLOUDSPEX. (Instantly 128 Kbit/Second)

4.4.7. He/she/it cannot execute any MySQL query that are longer than 15 (fifteen) seconds. MySQL tables must be properly indexed.

4.4.8. He/she/it cannot run “cron entries” at intervals of more than 15 (fifteen) minutes.

4.4.9. The maximum file size that he/she/it can send as an "attachment" in the e-mail transactions is 25 (twenty-five) MB.

4.4.10. The User can send a maximum of 100 (one hundred) e-mail messages per 1 (one) hour. (Valid for Standard Hosting packages. The limits may differ in some Hosting packages.)

4.4.11. E-mail messages that are to be sent cannot be sent to more than 50 (fifty) users at any one time.

4.4.12. Email accounts that have not been accessed for 3 (three) months or more (POP/IMAP, Webmail) will be stopped. And at the end of the 3rd (third) month after the accounts have been suspended, the relevant account will be deleted completely.

4.4.13. Executable file uploads on FTP Domains are not allowed. (.ade .adp .app .asp .bas .bat .cer .chm .cmd .com .cpl .crt .csh .der .exe .fxp .gadget .hlp .hta .inf .ins .isp .its .js .jse .ksh .lnk .mad .maf .mag .mam .maq .mar .mas .mat .mau.mav .maw .mda .mdb .mde .mdt .mdw .mdz .msc .msh .msh1 .msh2 .mshxml .msh1xml .msh2xml .msi .msp .mst .ops .pcd .pif .plg .prf .prg .pst .reg .scf .scr .sct .shb . shs .ps1 .ps1xml .ps2 .ps2xml .psc1 .psc2 .tmp .url .vb .vbe .vbs .vsmacros .vsw .ws .wsc .wsf .wsh .xnk vb. )

4.4.14. Connection speed for FTP upload/download is 256 Kbit/Second.

4.4.15. The maximum file size that can be sent at once on FTP is 10 (ten) MB.

4.4.16. Instant connections to a website in Shared Hosting are:

• 50 (fifty) / Second for the Starter and Super Starter packages
• 100 (one hundred) / Second for the Unlimited package
• 150 (one hundred and fifty) / Second for the Unlimited Pro package
• 200 (two hundred) / Second for the Unlimited Xtreme package

4.4.17. He/she/it cannot run any kinds of search robots (web crawler / web spider) or indexing programs (including Google Cash / AdSpy) on shared servers.

4.4.18. He/she/it cannot run software that interfaces with the Internet Relay Chat (IRC) network.

4.4.19. He/she/it cannot run or execute programs of any kinds of file sharing (BitTorrent) applications, trackers etc. The CUSTOMER may give links to legal torrents outside of the Site, but he/she/it cannot host and/or store them on CLOUDSPEX's shared servers.

4.4.20. The CUSTOMER cannot participate in file sharing / peer-to-peer (P2P) activities of any kind.

4.4.21. He/she/it cannot run Knight Online, Counter-Strike, Half-Life, Battle Field 1942 etc. game play servers.

4.4.22. When using the HPH include function to add a local file, he/she/it cannot add a local file instead of the URL (Uniform Resource Locator). In this regard, include ("include.php") should be used instead of include ("http://yourdomain.com/include.php").

4.4.23. Do not use server-side code to html (such as php and shtml) to help reduce the usage.

4.4.24. Do not use the https protocol unless it is necessary. Encryption and decryption communication occupies the CPU (Central Processing Unit) much more than unencrypted communication.

4.5. Bandwidth Usage

There is a limit to the bandwidth that the CUSTOMER can use on a monthly basis. And this limit varies depending on the Hosting package purchased by the CUSTOMER. If the CUSTOMER account exceeds the said amount, CLOUDSPEX reserves the right to switch the CUSTOMER's account to a higher package and suspend the CUSTOMER account until the CUSTOMER purchases additional bandwidth.

In principle, the bandwidth that the CUSTOMER can use on a monthly basis is unlimited. However, this situation cannot be understood as that the CUSTOMER can especially share/broadcast videos and/or share/broadcast pictures. In the aforementioned cases, CLOUDSPEX reserves the right to intervene if it deems necessary.

4.6. Storage, Backup and Security

CLOUDSPEX does its best for the regular protection and backup of all data of the CUSTOMER; however, it does not accept any responsibility for any errors that may arise in the data contained within it. Data backup is within the responsibility of the CUSTOMER. The CUSTOMER always undertakes the risk of damage and loss of the Website and the files of the entire Internet Site content. The CUSTOMER is entirely obliged to protect the confidentiality of the password and account information of the CUSTOMER. The CUSTOMER accepts that he/she/it is responsible for all actions, omissions and expenditures that are made under his/her/its account by using his/her/its account or password; or for any website content viewed, linked, stored on the server or published by him/her/it. The CUSTOMER is responsible for taking the necessary measures stated and listed below:

To prevent any loss or damage to the website content,

To protect independent archives and backup copies of the website content,

To ensure the security, confidentiality and integrity of all internet site content hosted or published on CLOUDSPEX servers,

Ensuring the confidentiality of account information.

CLOUDSPEX shared servers are not archive media and their main/primary use is not meant to be this; and CLOUDSPEX is not responsible for the damage and loss of the website content of the CUSTOMER or any person/organization. Services are not provided to provide a Payment Card Industry (PCI) compliant environment; and this situation is within the CUSTOMER's knowledge. CLOUDSPEX is not responsible for the breach of the terms of this Agreement by the CUSTOMER or any person and/or institution using the Services. The CUSTOMER will always use the Services in the form of a classical and/or traditional website. The CUSTOMER may not use the services at the initiative of CLOUDSPEX in a way that would damage the functionality and/or operation of CLOUDSPEX's services and/or equipment. CLOUDSPEX records/data will be accepted as valid and definitive evidence in case of disputes that may arise regarding the transactions made by the CUSTOMER on/via the Internet.

4.7. In case the CUSTOMER purchases a database hosting Service; the CUSTOMER grants CLOUDSPEX the necessary authorization to log into its own servers to install and configure the related software.

5. FEES AND PAYMENTS

5.1. CUSTOMER undertakes to pay the usage fees and related taxes for the CLOUDSPEX Services on time. The fees are/will be collected in advance with the first order of the CUSTOMER and are automatically closed at the end of the term, unless otherwise specified.

5.2. Some of the CLOUDSPEX Services offer you the option of AUTOMATIC RENEWAL. Automatic renewal option details may vary from Service to Service. As a default setting, CLOUDSPEX will automatically renew your Services with the current/present Service period when their renewal is due (e.g. for another 12 months if it is 12 months, for another 24 months if it is 24 months), unless the auto renewal option is cancelled for referring Services using the auto renewal option; and CLOUDSPEX will collect your payment for the Payment Method you have specified in your order, over the prices applied at that time.

You sign up for our automatic renewal service with the products you purchased/bought. With this service, your products are automatically renewed at current prices shortly before their expiry date by using your registered payment method; therefore, you do not/will not need to take any further action. If you wish, you have the right to cancel the automatic renewal feature on/from your CLOUDSPEX account. Without the written confirmation sent/will be sent by CLOUDSPEX regarding the cancellation of your automatic renewal request, it is not possible for you to claim that this feature has been closed.

5.3. As long as the CUSTOMER continues with AUTOMATIC RENEWAL option; he/she accepts, confirms and declares that its service will be automatically renewed within the next renewal period and in return for the service fees/prices which CLOUDSPEX announces to the CUSTOMER 1 (one) month priorly via/through internet and/or e-mail message. The collection of the relevant service charges/fees/invoices will be made/done 3 (three) days before the renewal date, from the credit card account defined on the CUSTOMER PANEL.

5.4. If/In case the CUSTOMER chooses the payment option via/through bank transfer: After/following the referring transfer within 7 (seven) calendar days to the bank account of CLOUDSPEX from the account opened/established in the name of the person and/or the institution which is specified/declared within the information of the CUSTOMER during the application; CLOUDSPEX activates the relevant service and informs the CUSTOMER accordingly. For payments made/will be made by Bank Transfer / EFT (Electronic Funds Transfer) method, the order code must be specified in/on the description of the payment. The CUSTOMER is/will be responsible for all/any kinds of costs related/will be related to the CUSTOMER’s payments with respect to/referring to his/her own orders and/or purchases.

5.5. For Internet Hosting, Reseller Hosting and Database Hosting services; the services that are not/cannot be paid within 15 (fifteen) business days as of their expiration dates are stopped. The Services that are not/cannot be paid within 15 (fifteen) business days following the beginning of the pause period are deleted. For SSL Certificate services; if the required payment collection has not been made/realized until the ending date of the service, the relevant service is/will be closed. In cases where the payment is not made by the CUSTOMER or the receipt/evidence document for the said payment is not delivered to CLOUDSPEX, etc; the CUSTOMER acknowledges, declares and undertakes that CLOUDSPEX cannot be/will not be held liable for any pecuniary and non-pecuniary damages, including data loss, due to the suspension, temporary or permanent termination of the service; and the CUSTOMER also acknowledges, declares and undertakes that he/she/it follows and/or will follow that his/her/its regular payments are made on time and CLOUDSPEX is/will be informed asap that the referring payment(s) has (have) been made.

5.6. The fees paid after the renewal of the service purchased from CLOUDSPEX will not be refunded to the CUSTOMER.

6. VALIDITY, CONTRARIETY AND TERMINATION OF THE CONTRACT

6.1. CLOUDSPEX reserves the right to revise/update its service policies and contracts at any time without notice. By continuing to use the CLOUDSPEX Services, the CUSTOMER is deemed to have accepted the terms of the Contract specified on the Site and which may change from time to time. The CUSTOMER accepts, declares and undertakes in advance not to claim that neither he/she/it nor CLOUDSPEX was/has been/is aware of the terms of the Agreement on the Site. The CUSTOMER agrees, declares and undertakes in advance that he/she/it cannot claim CLOUDSPEX is not/was not/has not been aware of the terms of the Agreement on the Site.)

6.2. In the event that the CUSTOMER violates the terms/conditions specified in this Contract or in all CLOUDSPEX policies and Agreements; CLOUDSPEX may terminate, suspend and/or cancel the Agreement along with the services/products it provides to the CUSTOMER, without any prior notice. In this case, the CUSTOMER will not be refunded and/or reimbursed for the previously paid fees.

In case the parties violate the terms specified in this Agreement, the situation is notified to the counter party in writing. In the event that the breach of the Agreement is not remedied within 7 (seven) days from the notification of the mentioned notice/warning, the relevant party may terminate/cancel the Agreement without any further notice.

6.3. In case of failure(s) in collecting the payments made by the CUSTOMER for the services; CLOUDSPEX may terminate/cancel the Agreement, and suspend and/or stop the relevant service. In such cases, the fees that are previously paid by the CUSTOMER are not/will not be refunded to the CUSTOMER.

6.4. The CUSTOMER may terminate the Contract by removing the AUTOMATIC RENEWAL option at any time, under the condition that he/she/it realizes this process until the renewal date of the Service specified on the Site.

7. RESOLUTION OF ANY DISPUTES

In case of any disputes/disagreements/conflicts between both parties that may/can arise from the implementation and interpretation of this Agreement/Contract, Central Courts and Central Enforcement Offices of Istanbul (Istanbul Merkez Mahkemeleri ve Merkez Icra Mudurlukleri) will be authorized/in charge.

8. FORCE MAJEURE

8.1. The occurrence of natural disasters such as wars, civil wars, terrorist acts/attacks, earthquakes, fires, floods that develop beyond the control and will of the parties and outside their reasonable control power; and -on the condition that being limited to those listed and that cannot be predicted in advance- which prevent(s) and/or delay(s) the fulfillment of the debts imposed by the parties under this Contract will be evaluated as Force Majeure.

8.2. In case of a/any Force Majeure, any of the parties must immediately notify the counter party without delay. In the event of such a situation, the Parties will evaluate together/with each other, and mutually determine and implement the common measures to be taken together. The Parties will not be held responsible for failing to fulfill their obligations fully and/or on time due to any Force Majeure(s). In the event that the Force Majeure situation uninterruptedly continues for 30 (thirty) days, this Contract will automatically become terminated/cancelled. However, the rights and receivables of the Parties that accrued before such termination shall remain reserved/unchanged.

9. FINAL PROVISION

This Agreement/Contract consists of 9 (nine) main articles and sub-headings; and it has been read, understood and signed mutually by both Parties. CLOUDSPEX -if it deems necessary- may/can add, remove and/or make changes on new articles and/or sub-titles. The CUSTOMER irrevocably declares and undertakes in advance that he/she/it accepts these changes, and also that the mentioned changes/amendments will be valid as of the date they are/will be published on the website of CLOUDSPEX.