Why CloudSpex?

THE GENERAL PROVISIONS OF THIS SERVICE CONTRACT CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS AND OBLIGATIONS.

1. GENERAL DESCRIPTIONS

These General Terms of Service Contract (this "Contract" and/or “Agreement”) are mutually agreed and signed - and executed and entered in force since the date of acceptance in electronic environment- 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;

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 either as “You” and/or “The Customer”.)

With this Contract, it is agreed/accepted/confirmed by both Parties that the website of CLOUDSPEX www.cloudspex.com (this "Site") and all products and services on this Site (collectively will be referred to as "Services" hereinafter) are organized under the heading of general terms and conditions. And this Contract is in effect in addition to the special terms and conditions applicable to the Services you purchase/buy or access through/via this Site.

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 -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 Privacy Policy is the very policy that specifies the principles regarding the privacy principles announced on the website of https://www.cloudspex.com/gizlilik-sozlesmesi

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.

CLOUDSPEX may/can -at its sole and absolute discretion- amend/change and/or update this Agreement and the corporate policies and/or agreements included in this Contract at any time. Such changes or amendments/updates will take effect immediately as of (i) the date of the e-mail announcement which we will notify you of these changes or amendments/updates, or the date they appear on the website; i.e. (ii) the "Last Revision Date".

2. TERMS OF USING THE SERVICES OF THE SITE

Only the people who are able to make legally binding contracts within the scope of the applicable laws can benefit from this Site and the services available on this Site. By using this Site and the services on this Site; You acknowledge and declare that (i) you are at least 18 (eighteen) years old and/or (ii) you have and carry the ability to make legally binding contracts under applicable laws by other means.

If you are signing this Agreement on behalf of any institution/firm that has a corporate nature; you hereby agree, declare and undertake that you have the necessary legal authority to represent the mentioned corporate structure in accordance with the terms and conditions stated in this Agreement. In this case, the terms "You", "Your" or "User" refer to the institutional structure in question. After your acceptance/signing of this Agreement electronically; if/in case CLOUDSPEX finds out, determines and/or proves that you are not legally authorized to represent the referring institutional structure in any way, it is/will be within your information and liability that you will personally be responsible and liable for the obligations stated in this Agreement, including but not limited to the payment obligations.

CLOUDSPEX will not be liable and/or be attributed to any material/moral loss and/or damage that may occur as a result of relying on any instruction, notice, document and/or similar communication that will reasonably give the impression that it was authentic and originated from an authorized representative of your corporate structure. If there is reasonable doubt about the authenticity/reality of this instruction, notice, document and/or communication, CLOUDSPEX may additionally ask you to confirm the authenticity/reality of such information. However, this confirmation request/demand is not an obligation of CLOUDSPEX.

In the event that real persons -acting on the basis of the information that they are authorized to represent on behalf of the institutions- are dismissed from the institution and no longer work there; it is known by both parties that CLOUDSPEX is not/will not be able to ascertain the regarding issue automatically. If/in case the information that the person/persons acting on behalf of the relevant institution has been dismissed/sent away from the institution is not immediately notified to CLOUDSPEX by the institution itself, the referring institution and the aforementioned real person(s) will be responsible for all material and moral damages that may occur. Since it is not possible to ascertain/determine the real right ownership of a service by CLOUDSPEX after a notification in this direction is made to CLOUDSPEX, the information of the person/institution which is preserved within the records/files of CLOUDSPEX will be taken into consideration. For this reason, it is essential that the parties to the Contract representing the institution have all registrations made on behalf of the institution. In the event that such information has not been made to CLOUDSPEX promptly or at all even though the persons still act on behalf of the institutions; it is hereby accepted, declared and committed in advance by the Customer (regardless of its name and account) that CLOUDSPEX cannot be held liable for all/any kinds of material and moral damages; including the damages that third parties have suffered or may suffer, which will result from taking into account the records under the responsibility of CLOUDSPEX.

3. ACCOUNTS; DATA TRANSFER

3.1 Customer Account: In order to access some features of this Site or to use some of the Services on this Site, you will need to create an account ("Account", "Customer Account"). You hereby acknowledge, declare and undertake that all the information you have provided/will provide to CLOUDSPEX during the process of creating your Account is correct, up-to-date and complete; and also that you will keep this information accurate, up-to-date and complete, too. In the event that CLOUDSPEX finds out and/or believes that your Account information is untrue, inaccurate, expired and/or incomplete; the parties know and acknlowledge that CLOUDSPEX reserves the right to take measures/precautions including the cancellation of the Customer’s membership and services; and CLOUDSPEX may/can -at its sole and absolute discretion- suspend and/or terminate your account. It is within your information and responsibility that you will be deemed responsible for all activities/transactions -whether under your authority or not- performed on/via your Account; and also that you must keep your Account information confidential including (subject to but not limited to) your customer number/login ID, password, payment method/methods (explained below) and security information etc.

In case of any breach of security and/or using of your Account beyond/out of your authorization, you must immediately notify CLOUDSPEX about the referring situation. CLOUDSPEX is not/will not be liable and/or responsible for any material/moral loss you may incur due to any unauthorized/unpermitted access to and/or using of your Account. Additionally, it is within your knowledge and acceptance that you will be held liable for any material/moral damages that may be caused either to CLOUDSPEX and/or to third parties due to the usage of your Account in such way.

3.2 Transfer of Data: Upon probable requests from the Police, Prosecutor's Office, Court and other legal authorities both in Turkey and abroad; CLOUDSPEX -by accepting that all the information you provide whilst creating your Account is/are correct, up-to-date and complete; and also by accepting that you will keep your Account information correct, up-to-date and complete- may share all your information with these persons and/or institutions. By signing this Contract; you accept, declare and undertake that in response to such probable requests, all the information and documents you have submitted to CLOUDSPEX at the time of creating your account and/or subsequently may be given to persons or institutions that will request upon similar situations; and also that you do not have and/or claim any rights or demands in terms of any erroneous/incorrect notification that may arise from technical malfunctions.

"Legal requests” and/or requests/demands for information about the Customer(s) that CLOUDSPEX receives/will receive may come from investigative authorities such as the Police, Prosecution Office, or from prosecution authorities such as Courts and also from relevant administrative authorities. Also in case/if CLOUDSPEX is contacted with an allegation of violation of rights pursuant to Law No. 5651 (5651 Sayili Kanun), Law No. 5846 on Intellectual and Artistic Works (5846 Sayili Fikri ve Sanat Eserleri Kanunu), Turkish Penal Code (Turk Ceza Kanunu), Turkish Commercial Code (Turk Ticaret Kanunu) and including the Industrial Property Law No. 6769 (6769 Sayili Sınai Mulkiyet Kanunu); it is within the knowledge of the Client and this matter has been/is irrevocably accepted, declared and committed by the Customer in advance that all requests of the party claiming the referring breach/violation of rights in accordance with the Law No. 5651 (5651 Sayili Kanun) and the application of the aforementioned law/legislation and/by the Court of Appeals Jurisprudence (Yargitay Ictihatlari) can be/will be met/realized by CLOUDSPEX; and in such cases of requests/demands, all information recorded in the CLOUDSPEX system including Customer information, logs, etc. will be shared with the legal authorities without seeking the Client's consent, knowledge and instruction.

Again, within the scope of Law No.5651 (5651 Sayili Kanun), if/in case the content provider cannot be/will not be contacted and/or reached and CLOUDSPEX is contacted bt the Legal Authorities with respect to this situation (including the warnings/reminders for unlawful/illegal content on such cases including the removal of the content on demand); it has been/is hereby irrevocably accepted, declared and committed in advance by the Customer that all necessary measures/precautions including URL blocking, suspension of broadcasting and service(s), suspension of membership(s), membership cancellation, sharing the information of the content provider(s), blocking of access can be/will be taken by CLOUDSPEX. In the event that CLOUDSPEX becomes/is a party to a lawsuit and complaint with/under these and similar issues; the compensation/payment and responsibility of all material and moral damages -including the damages suffered by the third parties- belong to the Customer. CLOUDSPEX is not/will not be liable/responsible in case of alleged violation of rights by third parties in order to fulfill all instructions received from the authorized e-mail address registered in the CLOUDSPEX system.

3.3 Service Internal Transfer (Service Transfer): CLOUDSPEX offers internal transfer (Service Transfer) service in some of its Services. With our Individual Customers, the relevant service transfer request/demand process is/can be initiated by marking the referring service by selecting the "internal transfer request" option under the Customer Account, and entering the Existing Customer Turkish ID Number (Mevcut Musteri TC Kimlik No) (Passport Serial Number for our foreign customers, or Social Security Number for our US Citizen clients ) and the Customer Number which it is desired to be/will be transferred to. And with our Corporate Customers; the relevant service transfer request/demand process is/can be initiated only by specifying the Customer Number to which the transfer will be made.

A "Transfer Confirmation" notification will be sent to the customer who initiated/initiates the transfer via/through the authorized e-mail address defined in our System. After the approval of the Current Customer; the mentioned request/demand is/will be notified to the relevant Customer (to whom the service transfer will be made). When the Customer approves this request through the Customer Account, the relevant service transfer process is/will be completed. The Customer who initiated/initiates the service transfer request may/can cancel the relevant transfer request within the period until the approval/confirmation of the Customer on the opposite side. Transfer requests which are not/will not be approved by both parties are/will be automatically cancelled within fifteen (15) days.

For both Individual Customer and Corporate Customer accounts; CLOUDSPEX primarily accepts the customer name, surname and address information contained in the billing information as the real customer information. For Corporate Customer accounts; the full commercial name and address information of the institution included in the invoice information will be considered by CLOUDSPEX as the real customer information. However; in both cases; if the Customer number given to both the Individual and the Corporate Customer -and the passwords belonging to the referring Customer- are shared with third parties and those third parties introduce themselves to CLOUDSPEX/its employees/its remote support team as a Customer and make various requests/demands from them, CLOUDSPEX cannot be/will not be held responsible/liable for the fulfillment of such requests/demands.

In any case, CLOUDSPEX cannot/will not give any guarantees and/or insurances on such as the availability for the transfer of an account, whether the transfer is possible and/or the time/period required to complete the relevant transfer etc. CLOUDSPEX is not/will not be responsible for any disputes arising from the transfer process. The arbitrator and/or arbitral tribunal decisions regarding Domain Name disputes and taken/decided over the complaints made before the WIPO (World Intellectual Property Organization) are the exceptions to all transfer provisions included in this Agreement.

4. GENERAL RULES TO FOLLOW

It has been/İS HEREBY accepted, declared and committed by the parties that the following rules will be followed.

4.1 The Customer shall use this Site and all the content provided by the Services on this Site in accordance with this Agreement/Contract and all national and international laws, codes, legislations, regulations etc. in the application/execution.

4.2 The Client will not access/enter/connect to the Site by using the identity of another User and/or any other person or institution without its prior specific/private written consent; and he/she/it will not present any content to another User, person or institution without permission and/or a written agreement and/or an issued Power of Attorney (POA).

4.3 The Customer -without obtaining prior specific/private written consent- shall not compile and/or benefit from User Contents (explained below) or any information belonging to any other User, person or institution that should not be disclosed to the public or which concern their private lives. (i.e. Personal information, data, information, documents, data, records etc. that may violate the privacy of private life.)

4.4 This Site and the Services and/or content on this Site (to be determined solely and entirely at the discretion of CLOUDSPEX) cannot be/will not be used in the following ways:

4.4.1 DUE TO LAW NO.5651 ON REGULATION OF PUBLICATIONS ON THE INTERNET AND COMBATING CRIMES COMMITTED BY MEANS OF SUCH PUBLICATION (“THE INTERNET LAW”), AND PURSUANT TO THE PROVISION OF ARTICLE 8 OF THE LAW (5651 SAYILI INTERNET ORTAMINDA YAPILAN YAYINLARIN DUZENLENMESİ VE BU YAYINLAR YOLUYLA ISLENEN SUCLARLA MUCADELE EDILMESİ HAKKINDA KANUNUN 8. MADDESI); THIS SITE AND THE SERVICES OR CONTENT AVAILABLE ON THIS SITE CANNOT BE/WILL NOT BE USED IN FAVOR OF THE CRIMES/GUILTS AS MENTIONED BELOW:

1. ARTICLE 8

(1) It is decided to block access to the broadcasts/publications made on the internet and whose content has sufficient reason to suspect that they constitute the following crimes:

a) As written in the Turkish Penal Code No.5237 (5237 sayili Turk Ceza Kanunu) dated 26/9/2004;

1) Directing someone to suicide (article 84),

2) Sexual abuse of the children (article 103, first clause),

3) Facilitating the use of drugs or stimulants (article 190),

4) Hazardous material supply for health (article 194),

5) Obscenity (article 226),

6) Prostitution (article 227),

7) Providing a place and opportunity for gambling (article 228), crimes.

b) The crimes included in the Law Concerning Crimes Committed Against Ataturk, dated 25/7/1951 and numbered 5816 (5816 sayili Ataturk Aleyhine Islenen Suclar Hakkinda Kanun).

4.4.2 THIS SITE AND THE SERVICES OR CONTENT AVAILABLE ON THIS SITE CANNOT BE/WILL NOT USED TO CONSTITUTE THE OFFENSES IN ACCORDANCE WITH THE ARTICLES 8 AND 9 OF THE TURKISH CRIMINAL LAW NO 5237 WHICH REGULATE THE CRIMES COMMITTED AGAINST HONOUR AND DIGNITY (5237 SAYILI TURK CEZA KANUNU’NUN ŞEREFE KARŞI SUCLARINI DUZENLEYEN 8. VE 9. MADDESI):

Insult (Defamation)

Article 125

(1) Any person who attributes a concrete act or fact that may offend the honor, pride and dignity of a person (...) (1) or attacks the honor, pride and dignity of a person by swearing is punished with imprisonment from three months to two years or a judicial fine. In order for the insult to be punished in the absence of the victim, the act must be committed with at least three persons.

(2) In the event that the act is committed through an audio, written or video message addressed to the victim, the penalty specified in the above paragraph is imposed.

Violating the privacy of communications

Article 132

(1) Any person who violates the confidentiality of the communication between persons is sentenced to imprisonment from one to three years. If this violation of confidentiality occurs by recording the communication contents, the penalty to be imposed is increased by one fold.

(2) Anyone who unlawfully discloses the contents of communication between individuals is sentenced to imprisonment from two to five years.

(3) Anyone who unlawfully discloses the content of communications made to him/her without the consent of the other party is punished with imprisonment from one to three years. (Additional sentence: 2/7/2012-6352/79 md.) The same penalty shall be imposed in the event that these disclosed data are published through the press and broadcast.

(4) (Repealed: 2/7/2012-6352/79 md.)

Listening and recording of conversations between people

Article 133

(1) Anyone who listens to non-public conversations between individuals with a device or records them with a sound recording device without the consent of either party is punished with imprisonment from two to five years.

(2) Anyone who records a non-public conversation he/she attended, with a voice recording device without the consent of other speakers, is sentenced to imprisonment from six months to two years or a judicial fine.

(3) (Varied: 2/7/2012-6352/80 md.) Anyone who unlawfully discloses data obtained by recording non-public conversations between individuals is sentenced to imprisonment from two to five years and a judicial fine of up to four thousand days. The same penalty shall be imposed in the event that these disclosed data are published through the press and broadcast.

Violation of privacy

Article 134

(1) Anyone who violates the privacy of persons' private life is sentenced to imprisonment from one to three years. In case of violation of privacy by recording images or sounds, the penalty to be imposed is increased by one fold.

(2) (Varied: 2/7/2012-6352/81 md.) Anyone who unlawfully discloses images or sounds of private life is punished with imprisonment from two to five years. The same penalty shall be imposed in the event that these disclosed data are published through the press and broadcast.

Saving personal data

Article 135

(1) Anyone who unlawfully records personal data is sentenced to imprisonment from one to three years.

(2) In case the personal data is based on the political, philosophical or religious views, racial origins; unlawful moral inclinations, sexual life, health conditions or union affiliations of individuals, the punishment to be imposed in accordance with the first paragraph is increased by one half.

Giving or obtaining data unlawfully/illegally

Article 136

(1) Any person who unlawfully gives, spreads or seizes personal data to another person is sentenced to imprisonment from two to four years.

4.4.3 THIS SITE AND THE SERVICES OR CONTENT AVAILABLE ON THIS SITE CANNOT BE USED TO CONSTITUTE/COMMIT THE OFFENSES/CRIMES COUNTED IN ACCORDANCE WITH THE SECTION 10 OF THE TURKISH CRIMINAL LAW NO.5237, WHICH ORGANIZES THE CRIMES RELATED TO THE ASSETS (5237 SAYILI TURK CEZA KANUNU’NUN MAL VARLIGINA ILISKIN SUCLARI DUZENLEYEN 10. BOLUMU):

Theft

Article 141

(1) Any person who takes a movable property belonging to someone else without the consent of the owner/possessor from where it is located in order to benefit himself/herself or another person is sentenced to imprisonment from one year to three years.

(2) (Repealed: 2/7/2012-6352/105 md.)

Skilled theft

Article 142

(1) If/in case the crime of theft is committed;

e) By using information systems,

a prison sentence of five to ten years is imposed.

4.4.4 AND ALSO:

It cannot be used for all malicious acts, behaviors, manners etc. as specified below:

In a manner that supports or encourages illegal or unlawful activities;

Behaving in an abusive/insulting, harassing, disparaging or otherwise supportive or encouraging people to such kinds of manners;

Speaking/commenting of hatred and hostility, inciting the public to hatred and hostility, committing terrorist activities, or using violence against people, animals or property, or acting in a supportive or encouraging manner in favor of these;

Sending of Spam or other unsolicited bulk e-mail, computer or network hacking or password cracking, or acting in a supportive or encouraging manner in favor of these;

Violating the intellectual property rights of other Users, other persons or institutions;

Violating the privacy or personal rights of other Users, other persons or institutions; or violating the confidentiality obligations which you have to fulfill against Other Users, other persons or institutions;

In a manner that may/will hinder the execution/performance of this Site and/or the Services on this Site;

To include/upload or install viruses, worms, bugs, trojans or other code, files or programs within/on to the content of the Site that are designed to disrupt the functionality of software and/or hardware, cause excessive use of resources, limit or damage them, or which have the ability to cause such destructive and harmful effects; or

To use false or misleading language or making unfounded and/or defamatory claims/allegations in relation to CLOUDSPEX or services/products of CLOUDSPEX.

Besides the statements above; although CLOUDSPEX is obliged not to violate the provisions of Law No. 5651 (5651 Sayili Kanun); the Customer -due to the service/product he/she purchased from CLOUDSPEX- has accepted, declared and committed with recourse that he/she cannot/will not claim that he/she is not/was not aware of the provisions of the aforementioned law in the disputes arising from the provisions of the Law No. 5651; and that -without the need for a further notice- he/she is/will be obliged to comply with all changes that may/will occur in the aforementioned provisions during the period of the relevant service.

4.5 The Customer will not be able to copy or distribute part and/or the whole of this Site or the Services, Products, Content on this Site to any other medium without obtaining/getting written permission and/or authorization from CLOUDSPEX.

4.6 The Customer will not be able to change and/or manipulate/operate on this Site or the Services on this Site or any part of the technologies associated with this Site.

4.7 The Customer will not access the CLOUDSPEX Content (defined below) or User Content through a technology other than the Site itself and/or other means or by means/methods other than CLOUDSPEX will envisage.

4.8 Without obtaining the private/special written consent of CLOUDSPEX; the Customer cannot/will not use this Site or the Services available on this Site including the related technologies of CLOUDSPEX, for any kinds of commercial use.

4.9 CLOUDSPEX -at any time, without any limitation- reserves the right to change, renew, update, modify certain parts and/or terminate the application of any item on this Site or the Services on this Site including prices/fees and Service charges on this Site.

4.10 The information about the service features is clearly notified/forwarded to the User during the sale and delivery process of CLOUDSPEX Services to the User. The User cannot/will not claim CLOUDSPEX any rights and/or pecuniary/non-pecuniary damages since/if the features not specified during the referring sale are not included in the scope of the relevant service.

5. USAGE OF CLOUDSPEX CONTENT AND OTHER USER CONTENT

In addition to the General Provisions above, the provisions of Section 5 specifically apply to your use of CLOUDSPEX Content and User Content posted on CLOUDSPEX corporate websites.

5.1 CLOUDSPEX Content: Except for User Content, without any limitation to the content contained in this Site and the Services available on this Site; the text, software, scripts, source codes, APIs (Application Programming Interface), graphics, photos, sounds, music, videos and interface features as well as trademarks, service marks and logos ("CLOUDSPEX Content") are permanently owned by CLOUDSPEX or the right to use them is included in the concessions CLOUDSPEX have; and this content is subject to other intellectual property rights under the Legislation No.6769 on Industrial Property Law (6769 Sayili Sınai Mulkiyet Kanunu) and the laws of Republic of Turkey and of foreign countries; the content of the Law on the Protection of Literary and Artistic Works, patents, trademarks and designs (Fikir ve Sanat Eserlerinin Korunmasi Hakkindaki Kanun).

With this Agreement, no rights or licenses are/will be granted within the scope of copyrights, trademarks, patents or design rights. CLOUDSPEX reserves all rights not explicitly specified in its CLOUDSPEX Content, on this Site and on the Services and/or related to the Services on this Site; and none of these rights -in whole or in part- shall be/can be transferred by signing this Agreement/Contract.

5.2 User Content: Some of the features of this Site or the Services available on this Site may include the Users’ (a) thoughts, opinions, suggestions or other information they want to report ("User Content") or (b) photos and videos including, but not limited to, literary, artistic, musical or other content (“User Content” along with User Submissions) to view, send, publish, share, store or perform transactions related to them.

By sending User Content to this Site or to the Service items on this Site or by posting User Content here, you hereby declare to CLOUDSPEX and undertake that you (i) have all the necessary rights to publish User Content on this Site or the Services on this Site; or you are either the owner/provider of User Content and therefore you have the right to publish this content; or because you have the necessary distribution rights, licenses, permissions and/or other authorizations to use the User Content in writing from the copyright or proprietary right holder; (ii) that you do not violate any rights of any third parties.

CLOUDSPEX reserves the right of recoursing to the Customer for all kinds of damages that the Customer has suffered/may suffer in terms of all the above-mentioned provisions of law and legislation and acts/activities that violate the rights of third parties.

5.3 Security: You agree that you will not block the security-related features of this Site or the Services on this Site (including -without limitation- restrictive features that prohibit or restrict the use or copying of CLOUDSPEX Content or User Content); or that you will not disable them and/or prevent them from functioning by other means, and that you will not act in a manner/purpose for limiting the use of this Site or the Services, CLOUDSPEX Content or User Content available on this Site.

6. HOW CLOUDSPEX UTILIZES THE USER CONTENT

The provisions of this Section 6 specifically apply to your use of CLOUDSPEX Content and User Content posted on CLOUDSPEX corporate websites. The provisions to be applied do not have the effect of transferring the ownership and/or license rights (including intellectual and industrial property rights) you may have in the content posted to the websites you are visiting, and they are not intended for this purpose. In general, you will be solely responsible for your own User Content or User Content made available through your Account and for the consequences resulting from the distribution of such content and for meeting the requirements for it.

Regarding User Presentations:

You agree that you will make your presentations completely voluntarily and of your own will, and that your presentations will not constitute any relationship of confidentiality.

Regarding User Content (except User Presentations):

If you have a website hosted by CLOUDSPEX or by another service provider, you will continue to own all of your ownership or licensed rights in your User Content posted on that website.

However, if you submit your User Content on this Site or post it on this Site; for including User Content as stipulated by this Site and this Agreement and to allow its use; you authorize CLOUDSPEX to exercise the intellectual property -and other proprietary/registered rights of CLOUDSPEX- in your User Content. Accordingly, with this Agreement; you grant CLOUDSPEX a worldwide, non-exclusive and royalty-free sub-license to perform your activity(s) with reference to -including but without limitation- the promotion of the whole or any part of this Site in any medium or format and without any restrictions or other compensation through any media channel, or without requiring any notice or permission to be given to you or other parties and to use, reproduce, distribute, create new works derived from it or combine them with other works, process, obtain data, display or use your User Content with this Site and its affiliates. You also waive any right to receive compensation, notice or permission from you or from other third parties in connection with this. In addition to these, you also provide each User of this Site non-exclusive access to your User Content (excluding User Content that you have specified as "private" or "password protected") through this Site; you also grant the right to use, reproduce, distribute, create derivative works from this content and combine with other works, display, apply and process your User Content to the extent permitted by the functions of this Site and this Agreement. The above privileged rights granted by you in your User Content will expire within a commercially reasonable time after your User Content is removed from this Site or deleted. However, the Customer acknowledges that CLOUDSPEX may retain server copies of User Content removed or deleted from the Site (but CLOUDSPEX will not have the right to distribute, view and/or apply this content) and he/she agrees with CLOUDSPEX on this matter.

7. MONITORING THE ACCOUNT, SUSPENDING AND TERMINATION OF THE ACCOUNT

As a rule, -in accordance with Law No. 5651 (5651 Sayili Kanun)- CLOUDSPEX does not monitor or follow User Content (sent to a website or to this Site where CLOUDSPEX fulfills its hosting). However, CLOUDSPEX reserves the right to watch/monitor content (but is not obliged to do so) and reserves the right to decide/determine whether any element contained in the User Content conforms to this Agreement or whether it complies with this Contract. In order to prevent the sending or publication of any content-material that violates/breaches this Agreement (the content and nature of the infringing material will be determined solely and entirely at CLOUDSPEX's sole discretion), CLOUDSPEX may unpublish any part of User Content (no matter it is posted to this Site or posted to a website hosted by CLOUDSPEX) and/or stop Users from posting or publishing content to this Site or the Services available on this Site at any time and without prior notice. CLOUDSPEX -in the event that it has sufficient grounds to believe that any User has consistently behaved illegally/illegally- may also terminate and/or suspend the right of that User to access this Site or the Services on this Site. In case CLOUDSPEX terminates your access to this Site or the Services on this Site; CLOUDSPEX -at its sole and absolute discretion- will also have the right to delete and/or terminate all data and files stored on its own servers.

Moreover, CLOUDSPEX is obliged to comply with the regulatory procedures of ICTA - Information Technologies and Communication Authority (BTK - Bilgi Teknolojileri ve Iletisim Kurumu) and APA - Access Providers Association (ESB - Erisim Saglayicilari Birligi); as it is requested from CLOUDSPEX in terms of additional obligations imposed on CLOUDSPEX by ICTA - Information Technologies and Communication Authority (BTK - Bilgi Teknolojileri ve Iletisim Kurumu) through regulatory procedures. Following CLOUDSPEX’s compliance with these obligations; it is acknowledged and known by the parties that the Customer or the User (regardless of whatever name or title he/she has) cannot/will not claim any material and/or non-pecuniary damages from CLOUDSPEX due to its compliance with these obligations.

In the event that the Contract is terminated for any reason, NO REFUND is/will be made to the Customer/User/you.

8. RESERVATION OF ADDITIONAL RIGHTS

(i) To correct mistakes that may have been made by CLOUDSPEX in the provision or execution of the Services (including Domain Name registrations) (ii) to correct mistakes that may have been made during the registration of the Domain Name or to maintain the integrity and continuity of Domain Name registrations (iii) to comply with applicable national and international laws, statutes and regulations (iv) to fulfill legal requests, including notification of cases, (v) to execute decisions made in resolving the disputes (vi) to make legal defense in order to fulfill the requirements of civil lawsuits or lawsuits that may result in favor or against, or (vii) to avoid any civil or criminal liability that may bind CLOUDSPEX and its affiliates and its/their officers, employees, responsible persons and agents; CLOUDSPEX -only if it deems necessary at its sole discretion (including the right to cancel or terminate Domain Name registrations)- reserves the right to withdraw, block access, revoke, terminate, suspend, lock, freeze, destroy data, delete, share or change the right to access (or control) Accounts or Services.

CLOUDSPEX reserves the right to review each Account belonging to Customers for excessive space, excessive system resources or bandwidth usage, and to charge additional fees to Accounts exceeding the permitted levels or to suspend and/or terminate such Accounts.

The CUSTOMER also agrees that the service provided by CLOUDSPEX can be provided by another company when necessary (changing the operator who provides/will provide the service). In such case, CLOUDSPEX will be able to share all kinds of Customer and credit card information belonging to the Customer with the company that will provide/start to provide the relevant service. This sharing -including the sharing of the Customer's personal data- cannot be subject to a violation of rights, regardless of the Customer’s name or account. This matter has been irrevocably accepted, declared and committed by the Customer in advance.

9. ANTI-SPAM POLICY, PENALTY CLAUSE

The Customer definitely cannot send e-mail messages for purposes of Spam (sending messages for collective and/or commercial purposes beyond the recipient's request via the Internet) and/or e-mail messages that will disturb Internet users in terms of language, frequency or file size, commercial advertising content etc. In addition to this, the Customer -no matter whether he/she receives SMTP service from CLOUDSPEX or not- who owns his/her own SMTP server, cannot operate the SMTP service on its servers unprotectedly and open to the use of third parties/institutions. As such submissions damage/harm the trust in CLOUDSPEX; at the same time, it may cause disruptions in the services provided to the Customer by causing overloads in CLOUDSPEX Systems.

The Client agrees that he/she has read, understood and accepted the above-mentioned "Anti-Spam Policy" and; furthermore; he/she accepts that CLOUDSPEX can terminate the account immediately whenever CLOUDSPEX believes -at its sole and absolute discretion- that the account is related to the transmission of Spam or bulk e-mails without authorization or in connection with it. In addition; if/in case the actual damage cannot be reasonably calculated, the Client has hereby accepted, declared and committed to pay CLOUDSPEX a penalty of USD 1,00 per spam or message for each Spam or unsolicited bulk e-mail message sent from or in connection with his/her Account.

10. CLAIMS REGARDING THE TRADEMARK AND/OR COPYRIGHT

CLOUDSPEX supports (and works in accordance with) the protection of intellectual property rights.

11. LINKS OF THIRD PARTY WEBSITES

This Site and the Services on this Site may contain links to third party websites which are not owned or managed by CLOUDSPEX. CLOUDSPEX does not and will not assume/undertake any responsibility for the content, terms and conditions, privacy policy or practices of third party websites.

12. LEGAL DISCLAIMER ON REPRESENTATIONS AND COMMITMENTS

THE CUSTOMER SPECIFICALLY ACKNOWLEDGES, DECLARES AND PROMISES THAT ANY RISKS CONCERNING THE USE OF THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE BELONGS TO HIM/HER; AND THAT, THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS/ARE", "AS AVAILABLE" AND "WITH ALL FAULTS".

THE DECLARATION OF INTENTION REGARDING THE ABOVE REPRESENTATIONS AND COMMITMENTS ARE MADE BY THE CUSTOMER IRREVOCABLY; AND IT WILL CONTINUE TO BE VALID EVEN AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT, OR AFTER YOU STOP USING THIS SITE OR THE SERVICES AVAILABLE ON THIS SITE.

13. LIMITATIONS ON LIABILITY

FOR ANY KINDS OF DAMAGES THAT MAY EFFECT THE CUSTOMER/YOU; CLOUDSPEX, CLOUDSPEX OFFICIALS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE/LIABLE IN ANY CASE WHETHER DIRECTLY OR INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY. IN ADDITION TO THESE, CLOUDSPEX WILL NOT BE LIABLE AND/OR RESPONSIBLE FOR: (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE (II) THE ACCURACY OF THE SITES LINKED WITH THIS SITE (HYPERLINKS, BOLD FONTED ADVERTISING HEADLINES OR OTHER TYPES) AND/OR THE ACCURACY, COMPLETENESS OR CONTENT OF THE SERVICES AVAILABLE ON THE LINKED SITES (HYPERLINKS, BOLD FONTED ADVERTISING HEADLINES OR OTHER KIND) (III) SERVICES AVAILABLE ON THIS SITE OR ON SITES LINKED WITH THIS SITE (HYPERLINKS, BOLD FONTED ADVERTISING HEADLINES OR OTHER KIND) (IV) ANY PERSONAL INJURY/DAMAGE OR PECUNIARY LOSS (V) ALL KINDS OF ATTITUDES AND BEHAVIOR THAT CAN BE ATTRIBUTED TO/INCRIMINATED ON THIRD PARTIES (VI) UNAUTHORIZED ACCESS TO OUR SERVERS OR UNAUTHORIZED USE OF CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION HOSTED/PRESERVED IN OUR SERVERS (VII) DISCONNECTION OR TERMINATION OF SERVICES ON THIS SITE OR ON SITES CONNECTED WITH THIS SITE (HYPERLINKS, BOLD FONTED ADVERTISING HEADLINES OR OTHER KIND) (VIII) ANY VIRUSES, WORM, INSECT, TROGENES THAT MAY BE SPREAD TO/ON/VIA THIS SITE OR WEBSITES LINKED TO THIS SITE (HYPERLINKS, THICK PUNTO AD HEADLINES OR OTHER KIND) (IX) ANY USER CONTENT OR CONTENT THAT IS HARMFUL, HARASSING, ABUSING, MOLESTING, OR PORNOGRAPHIC, EXPLICIT, RACY, OBSCENE OR SIMILAR SORTS OF PUBLICATION AND/OR -NO MATTER WHETHER CLOUDSPEX HAS MADE A WARNING ABOUT THEIR HARMFULNESS OR NOT- FOR ANY LEGAL OR CONTRACTUAL OR NON-CONTRACTUAL DAMAGES/LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE.

IN ADDITION, THE CUSTOMER SPECIALLY ACCEPTS AND PROMISES THIS ACCEPTANCE AND COMMITMENT THAT THE TOTAL AMOUNT OF ALL LIABILITIES OF CLOUDSPEX TO THE CUSTOMER SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID FOR THE SERVICES WHICH ARE SUBJECT TO DISPUTE.

14. FEES AND PAYMENT

CLOUDSPEX notifies you/The Customer of the service fees at the time of the Contract via written document, webpage or e-mail message. Your Payment Method on your order must remain valid as long as there is any active service in your Account.

When you order service(s) through the Site, you agree to pay all prices and fees payable for Services purchased from this Site. Even if the Services you use are suspended, terminated or transferred before the Terms of Service expire, no fees or charges will be paid to you (fees or charges will not be refunded to you) unless otherwise stated. CLOUDSPEX reserves the right to make changes to prices and fees at any time; and these changes or regulations will be posted online on this Site and will take effect immediately, without any additional notice to you/the Customer.

You can request a cancellation for some of the Services you have purchased from CLOUDSPEX. The return period for your service cancellation request may vary from 5 (five) business days to a full billing period. Payments for refunds can be made through the same channel (using the payment method you specified during the relevant order) or by uploading the amount to your CLOUDSPEX Virtual Card. By combining some of its services, CLOUDSPEX can offer its Customers a package product and/or campaign. In case additional "Domain Name Registration" service is offered in the campaign package; in the service return transaction, the Domain Name registration service fee provided in the package is not/will not be included in the referring refund amount.

Except where prohibited in the Agreement specific to the product; you may realize your payments for the Services by a valid credit card, by bank transfer/EFT; or by using the "CLOUDSPEX Virtual Card" Service or PASSCODE application which is a service configured by CLOUDSPEX to pay fees (each one of these is a" Payment Method "). In payments which will be made via credit card; if the specified conditions are met, installment options can be offered with commissions determined by CLOUDSPEX. The number of installments, terms of installments, types of cards available for installments, banks and commissions are determined by CLOUDSPEX; and CLOUDSPEX reserves the right to make changes/amendments/updates to these conditions and options.

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 are solely responsible and liable for changing and adjusting settings related to your Account, including, without limitation, (i) adjusting your renewal options and (ii) ensuring that the Payment Method(s) you use are valid and updated. You further agree that if you fail to do so, your negligence may result in interruption and/or loss of the Service, and CLOUDSPEX will not be liable either to you or the third parties for it.

In the event that the Customer does not want to renew the Contract; he/she is required to cancel (to not continue) automatic renewal/automatic payment order option before 15 (fifteen) business days. In this case, CLOUDSPEX will not renew for the period following the usage period of the Customer. In case the contract is terminated for any reason; all records on the CLOUDSPEX servers regarding the relevant service belonging to the Customer will be deleted.

If the Customer has signed/signs a Service Level Agreement (SLA) with CLOUDSPEX; if/in case there is a debt balance of the Customer exceeding 30 (thirty) days, the "Service Credit" defined in the relevant SLA will be invalid. Resulting from the inability to collect payments on time, it is not/will not be possible to direct CLOUDSPEX any claim/accusation of data loss.

As per the security rules; for the payment transactions CLOUDSPEX deems necessary, CLOUDSPEX may stop the payment and/or call you and confirm your payment through voice/telephone call; and -if deemed necessary- it may also request secure payment approval from you through the "3D Secure" method.

PAYMENT METHODS

14.1. Cash/Installment Payment by Credit Card

By your acceptance/signing of this Agreement; CLOUDSPEX has the right to collect the service fees/charges from the credit card account you have declared during your registration./p>

As being the Customer party, you are solely responsible for the current and validity of the credit card information you have submitted to CLOUDSPEX for collection during the term of the Contract. In case the information of your credit card including the expiry date etc. is changed/renewed, you have to/must change/update this information immediately by using the relevant field (Customer Panel) in your Account.

In case/if the related collection cannot be made from your credit card account, CLOUDSPEX reserves the right to suspend your related services and/or terminate the Contract completely. The Customer hereby agrees, declares and undertakes in advance that he/she has been informed about data loss issues that may occur in such cases.

14.2. Payment by Wire Transfer/EFT (Electronic Funds Transfer)

If/In case the Customer chooses the payment option via/through bank transfer (Wire Transfer/EFT - Electronic Funds 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.

14.3. Payment with CLOUDSPEX Virtual Card and PASSCODE

CLOUDSPEX Virtual Card application has generally been created for fee refunding transactions, and your refund amount related to your request can be loaded/deposited into your Virtual Card accordingly. You can also deposit money on your CLOUDSPEX Virtual Card by bank transfer/EFT (Electronic Funds Transfer); and -if you have sufficient balance on your card- you can make the relevant payment by using your Virtual Card during your ordering process.

With the PASSCODE application developed by CLOUDSPEX for certain Services; during your ordering process, you can make your payment by using the PASSCODE information sent to you previously.

15. COMPENSATION

You hereby agree, confirm and promise that you will protect CLOUDSPEX and its employees/business partners/representatives etc.; compensate them for any material/moral damages and losses; and secure/recover them from the listed legal liabilities/responsibilities against all claims, demands, costs and expenses (including the attorney fees in the Attorney's Fee Schedule - Vekalet Ucret Cizelgesi determined by the Istanbul Bar Association – Istanbul Barosu) and all other damages that they may be exposed to or will have to undertake as a result of either (i) your use of this Site or the Services available on this Site; or (ii) your violation of this Agreement or the provisions of the corporate policies and/or agreements included in the structure of this Agreement and/or (iii) your violation of third party rights; including, without limitation, any intellectual property rights and proprietary/registered rights. The compensation obligations under this section will continue to be valid even after the cancellation or termination of this Agreement, and/or your cessation/complete stopping of using the Site or the Services available on the Site.

16. RESOLUTION OF DISPUTES, JURISDICTION

Except for disputes subject/connected to Authorized Domain Name Registrars and International Domain Name Dispute Resolution Policy; this Agreement -without regard to principles of conflict between laws- will be dependent on and will be interpreted in accordance with the law subject to the Laws of the Republic of Turkey (Turkiye Cumhuriyeti Kanunlari). Istanbul Central Courts and Enforcement Directorates (Istanbul Merkez Mahkemeleri ve Icra Mudurlukleri) are authorized in the resolution of any dispute arising from this Agreement; in all cases and proceedings.

17. TITLES AND TOPICS; INDEPENDENT COMMITMENTS; DIVISIBILITY

The titles and topics of this Agreement are only for facilitating the attributions, and they cannot be/will not be used in any way to interpret and/or explain the matters agreed upon by this Agreement between the parties otherwisely/contrarily. Each statement and commitment in this Agreement will be interpreted as a separate and independent statement or agreement in all respects. In the event that any provision of this Agreement is determined by any court with jurisdiction to be illegal/unlawful, invalid or otherwise unenforceable; the remaining provisions of this Agreement (and other parts of these provisions) will not be effected by this, and they will remain exactly valid and enforceable to the broad extent permitted by law.

This document contains the terms for the use of CLOUDSPEX services; and attachments can be made to the necessary contracts and documents. In terms of all services offered by CLOUDSPEX, all of the relevant agreements on the website of CLOUDSPEX as of the date the service is offered, constitute the entire scope of the service purchased from CLOUDSPEX; and all of them need to be examined, read, accepted and approved by the Customer. Therefore; the Customer acknowledges, declares and undertakes that he/she is aware of all the Contracts related to the Service he/she purchased or bought from CLOUDSPEX, and he/she is fully in Agreement.

18. CONTACT INFORMATION

For all your questions regarding this Agreement, you can always contact us via our e-mail address of support@cloudspex.com