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.)

2. DEFINITIONS

The definitons and deliminations mentioned in this very Contract will be mentioned as follows:

2.1. SITE: Refers to the website at the address of www.cloudspex.com.

2.2. CUSTOMER PANEL/ ACCOUNT: These refer to the internet pages that enable THE CUSTOMER -via/from the special area reserved for the CUSTOMER on the SITE- to manage its account(s); to realize the update of its information, and perform the personal/corporate usage and management of the services/products they purchase/have purchased from CLOUDSPEX.

2.3. AUTOMATIC RENEWAL: It refers to the process of THE CUSTOMER’s acceptance and confirmation for automatically continuing/repeating the terms and conditions specified in this Contract, by checking the relevant field on the CUSTOMER PANEL.

2.4. DEDICATED (Physical Server): Refers to the Hosting process performed from the CLOUDSPEX Data Center with/via rented (rental) physical servers which belong to CLOUDSPEX.

2.5. VPS (Virtual Private Server) / VDS (Virtual Dedicated Server): Refer to the Hosting process performed from the Data Center on the rented (rental) server platform with shared resources, through/via the virtualization technology of CLOUDSPEX.

2.6. DATA: Refers to all kinds of colored/colorless/black and white, moving/still/motionless pictures and/or photographs, texts, videos, GIF (Graphics Interchange Format), graphics and/or voiced/silent etc. anything that is/are digitalized and has/have/carries/carry the qualification and/or specification of the term “information”.

2.7. DATA CENTER: Refers to the center and/or facility within CLOUDSPEX; where related tools and components such as computers, server systems and/or telecommunication and storage systems are housed. It is a physical structure that contains and preserves redundant/supplementary energy infrastructure, redundant/backed-up data communication connections, advanced environmental-climate controls and security equipments.

3. COMMENCEMENT AND DURATION OF THE CONTRACT

3.1. 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. The duration of the contract is 12 (twelve) months starting from THE CUSTOMER’s online service application process by using/via the SITE of CLOUDSPEX, which is followed by the approval/activation of the service/product. Even if THE CUSTOMER subscribes by making monthly payments, the duration of the Contract is/will be 12 (twelve) months.

3.2. In the event that any of THE PARTIES fails to inform the counter party in writing that it will terminate/cancel this Agreement at least thirty (30) days prior to the expiration date of the Agreement (provided that THE PARTIES’ termination/cancellation rights specified in Article No.9 are/will be reserved); the Contract will automatically be extended by subsequent periods of 12 (twelve) months right from the moment the previous 12 (twelve)-month-period expires/has expired.

4. DESCRIPTION OF THE SERVICE

The service which CLOUDSPEX provides/will provide to THE CUSTOMER is basically; renting (rental) of the physical (DEDICATED) or Virtual Server (VPS - Virtual Private Server / VDS - Virtual Dedicated Server) device(s) belonging to CLOUDSPEX to THE CUSTOMER for certain time periods which are mutually agreed upon; and the mentioned device(s) is(are)/will be hosted in the CLOUDSPEX DATA CENTER and is (are)/will be able to connect to an internet backbone/structure/network which CLOUDSPEX is also connected to.

THE CUSTOMER will be able to control and manage this (these) mentioned device(s)/tool(s) which is (are) connected directly to the CLOUDSPEX backbone/structure/network via/through/by using remote access protocols/sources. THE CUSTOMER can/may choose to buy/purchase any of the physical or VPS (Virtual Private Server) / VDS (Virtual Dedicated Server) virtual server rental services under this Contract.

5. OBLIGATIONS AND RESPONSIBILITIES OF CLOUDSPEX

5.1. Following the advance collection of the fees related to the service(s) requested/purchased by THE CUSTOMER either from THE CUSTOMER’s credit card or bank transfer; CLOUDSPEX opens the service(s) of THE CUSTOMER to the use of THE CUSTOMER, and it informs THE CUSTOMER accordingly.

5.2. CLOUDSPEX is not/will not be held responsible/liable for amy material/moral damage(s) that THE CUSTOMER may be exposed to due to probable malfunctions, faults, errors and/or interruptions that may occur in telecommunication lines and/or Internet Service Provider (ISP) systems which are out of CLOUDSPEX’s control; and it is also not/will not be held responsible/liable for any loss(es) or any material/moral damage(s) that may occur as a result of such situations. In the event/situation of the line cut(s) due to such probable malfunctions on the connection, THE CUSTOMER cannot/will not request/demand any rights and/or compensation from CLOUDSPEX. However, CLOUDSPEX will make the utmost effort / will do its best to correct the related failure in the event of any kinds of such probable malfunction.

5.3. CLOUDSPEX; upon request; provides THE CUSTOMER with a “back-up area“ of a certain/limited capacity as a precaution against the loss(es) of information due to possible/probable software and/or hardware related malfunctions on the server. However, any data backup operation on the server is under the responsibility and control of THE CUSTOMER itself. It has hereby been accepted, declared and committed by THE CUSTOMER that THE CUSTOMER is/will be solely responsible and liable for possible/probable losses that may occur in terms of any data which THE CUSTOMER does not/will not back up by itself.

5.4. Installation, licenses, adjustment of information, documents and/or software on the server, added or removed, and software-related works and all problems that may/can occur are/will be under the responsibility of THE CUSTOMER; and in any case, CLOUDSPEX is not/will not be held responsible/liable for the activities and/or the information provided by THE CUSTOMER. In the event that the information and documents provided by THE CUSTOMER cause any material/moral damage/loss to the third parties; and in case of any administrative, legal and/or criminal remedies are/will be filed against CLOUDSPEX; THE CUSTOMER is/will be responsible and liable for all material/moral damages/losses that CLOUDSPEX may/will suffer; and THE CUSTOMER is/will be obliged to compensate/pay the loss of CLOUDSPEX in cash all at once within 5 (five) business days from the written notification which will be made to THE CUSTOMER.

5.5. CLOUDSPEX is not/will not be responsible in any way for/of the information, documents, data and content of the main and/or subpages belonging to THE CUSTOMER on its internet medium. Any responsibility for any legal dispute that may arise regarding the contents of the published web pages -including the ones which may/will involve THE CUSTOMER and/or third parties; and/or their websites- cannot/will not be referred to and/or assigned/claimed/filed against CLOUDSPEX; and CLOUDSPEX will have the right to suspend, freeze and/or cancel/terminate the relevant service in case of any request and/or notification/request made by both Legal Authorities, Courts, Prosecutors’ Offices, BTK (Bilgi Teknolojileri ve Iletisim Kurumu - Information Technologies and Communication Authority) and ESB (Erisim Saglayicilari Birligi - Access Providers Association). In the event that any responsibility/liability is/will be attributed/laid to CLOUDSPEX by third parties; the responsibility/liability for all kinds of material and/or moral damages of the third parties will belong to THE CUSTOMER, and all material and/or moral damages/losses that CLOUDSPEX may/will suffer has to be/will be compensated by THE CUSTOMER.

5.6. All legal (contractual, referring to any harm/damages and compensation, etc.), criminal, financial and/or administrative liability arising from any activity which is/are currently being and/or will be performed on the websites published on the server by THE CUSTOMER belongs to THE CUSTOMER; and as long as a separate and/or contractual agreement is not mutually signed between THE CUSTOMER and CLOUDSPEX; all rights, obligations, debts and/or receivables arising from the activity performed belong/will belong to THE CUSTOMER. CLOUDSPEX and THE CUSTOMER are/will not be the legal representatives, agents, representatives and/or commercial representatives, business partners etc. of one another; as long as they do not sign another separate and valid Contract among themselves with regard to these issues.

5.7. Technical issues such as the elimination/repairing/fixing of the hardware malfunctions on the aforementioned equipment, and/or replacement of any parts/spare parts are within the responsibilities of CLOUDSPEX.

5.8. CLOUDSPEX will be able to provide the necessary telephone support to THE CUSTOMER on basic issues regarding the referring service. For the support which will be provided in/from the DATA CENTER where the equipment reserved for servicing THE CUSTOMER is located, the “additional support“ package application subject to this very Agreement is/will be valid. The basic support content is/will be limited to the “Standard Server Support“ specified on the SITE.

5.9. THE CUSTOMER acknowledges and hereby agrees that CLOUDSPEX -as per to the requirements of the work/business- can carry/transport its own servers when necessary. In this scope and context, the IP address (Internet Protocol Adress) which is/was assigned to THE CUSTOMER may/can be changed with a different/another IP address. CLOUDSPEX does not guarantee and/or provide any insurance that it can continuously protect the IP addresses allocated to THE CUSTOMER.

5.10. Service Level Guarantees (CLOUDSPEX SLAs)

CLOUDSPEX provides standard service level guarantees to all CUSTOMERS together with the Service Level Agreement (CLOUDSPEX SLAs). You may access/view this referring Agreement from/on the SITE.

6. OBLIGATIONS OF THE CUSTOMER

6.1. By signing and approving this Contract, THE CUSTOMER hereby agrees, confirms and declares not to act contrary to all relevant legislation -including the Turkish Penal Code, Code of Obligations, Commercial Law, Industrial Property Law and Intellectual and Artistic Works Law, T.C. Laws, Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Publications (T.C. Yasalari, 5651 Sayili Internet Ortaminda Yapilan Yayinlarin Duzenlenmesi ve Bu Yayinlar Yoluyla Islenen Suclarla Mucadele Edilmesi Hakkinda Kanun; Turk Ceza Kanunu, Borclar Kanunu, Ticaret Kanunu, Sınai Mulkiyet Kanunu ve Fikir ve Sanat Eserleri Kanunu) and/or general ethics and manners- in all of its electronic mail communication, its internet/web publications and its all kinds of transactions related to its referring subscription. And THE CUSTOMER hereby agrees, declares and undertakes that it is/will be completely and entirely responsible for the whole content of the internet pages, FTP and/or other internet services belonging either to itself and/or its customers.

6.2. The CUSTOMER cannot/will not rent, sell, transfer and/or have this usage right to another/third Real and/or Legal Person(s). Otherwise; without the need for any legal notice and/or prior notification; THE CUSTOMER hereby accepts, declares and undertakes that it may/will be subject to the payment of penal terms up to the minimum Contract Price/Value.

6.3. THE CUSTOMER hereby agrees, confirms and declares that -by signing this Agreement- he/she/it cannot/will not gain/obtain any one of the title, name and/or status such as the representative, agent, commercial representative, partner, solution and/or business partner of CLOUDSPEX; and THE CUSTOMER cannot make any kinds of statement(s) in its commercial documents, promotional tools, brochures and/or advertisements, website(s), among its references, etc. against third parties in this way and/or in/by this means.

6.4. THE CUSTOMER accepts, declares and undertakes that in case/if mass e-mails (Spamming) are/will be sent; if phishing (stealing of password/identity, electronic fraud) and fraudulent activities, attacks on internal and/or external networks, etc. are realized from/via the server(s) which is (are) reserved for THE CUSTOMER; and in cases where illegal/illegal activities occur and if such activities effect the database of CLOUDSPEX badly/negatively, the referring server will be deactivated by CLOUDSPEX without the need for any further warning; and THE CUSTOMER will not be refunded the fees which are/have been paid by THE CUSTOMER to CLOUDSPEX until that date; and also THE CUSTOMER accepts, declares and undertakes that it may/can be subject to penalty payment to CLOUDSPEX as much as the minimum Contract Price/Value. THE CUSTOMER; within this responsibility and liability; has to/will abide by the complete regulations/regulatory actions which the Turkish Penal Code, BTK (Bilgi Teknolojileri ve Iletisim Kurumu - Information Technologies and Communication Authority), ESB (Erisim Saglayicilari Birligi - Access Providers Association), ICANN (the Internet Corporation for Assigned Names and Numbers), CLOUDSPEX and TTNet have created/established up-to-date and/or will create/establish in the future.

6.5. In case THE CUSTOMER wishes to work on the server, he/she should notify CLOUDSPEX in writing -together with its justification and reason- 24 (twenty-four) hours in advance/priorly of the relevant work. After the approval given by CLOUDSPEX, they will be able to come to our CLOUDSPEX office to do/perform the necessary work, and after showing/presenting their valid identity (driver’s license or identity card) to our authorities, they will be able to work under the supervision of the relevant/authorized CLOUDSPEX customer support specialist. THE CUSTOMER will notify CLOUDSPEX with an official/letterhead letter approved by authorized signatures of the name(s) of the personnel/officer(s) who will come to CLOUDSPEX’s office and will be authorized to work remotely on the server(s) rented/dedicated to THE CUSTOMER in the CLOUDSPEX DATA CENTER. Although CLOUDSPEX reserves the right to question the work authorization and/or to request additional approval via the authorized e-mail on the panel and/or other means, it is not within the duty and/or responsibility of CLOUDSPEX.

6.6. THE CUSTOMER cannot/will not interfere with the hardware on the server. Otherwise, all responsibility and liability belongs/will belong to THE CUSTOMER. In such a case, THE CUSTOMER -without the need for any prior notice- agrees, confirms and undertakes to pay CLOUDSPEX in cash, in full and in advance for the entire loss/damage; including material/moral damages/losses that may be incurred to the third parties.

6.7. THE CUSTOMER is/will be obliged to regularly pay the rental fees/invoices for the Domain Name(s) belonging to her/him/it or her/his/its own customers, to the institution/firm where the relevant Domain Name(s) is (are) registered. THE CUSTOMER shall be responsible and liable entirely in the event of suspension or pausing of e-mail and/or internet network (web) services due to non-payment of Domain Names; and THE CUSTOMER cannot/will not hold/call CLOUDSPEX responsible and/or liable in any way. If/in case THE CUSTOMER does not make the payments which must/have to be made to the relevant organizations regarding the Domain Name(s) belonging to him/her/it and/or his/her/its own customers; THE CUSTOMER cannot/will not be able to request from CLOUDSPEX any backup, archive, history etc. regarding the information, documents or data of either THE CUSTOMER or any of the customers of THE CUSTOMER.

6.8. All additions and/or deletions related to the web pages published on the internet will be made by THE CUSTOMER with the means/sources provided by CLOUDSPEX; and any legal, criminal, financial liability regarding any copyrights that may arise during this period, any claims of violation/breach will be undertaken by THE CUSTOMER. CLOUDSPEX will always be independent from these obligations/responsibilities and/or their consequences, from disputes arising/will arise with regard to third parties; no indemnification liability of CLOUDSPEX can/will be mentioned and CLOUDSPEX cannot/will not be held responsible. Yet; in case any legal, criminal, financial or administrative proceedings are/will be initiated against CLOUDSPEX for any reason, -without any notice- THE CUSTOMER is/will be obliged to indemnify and compensate all material and/or non-pecuniary damage/loss that CLOUDSPEX may demand from it. In addition to the relevant articles specified in the General Terms of Service Agreement;

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

Mail Bombers / Spam Scripts

Escrow accounts

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)

Online Lottery / Gambling web sites

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

Websites which promote and/or publicize illegal activities/businesses

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

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

Mailer Pro

Broadcasting Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.) on the internet in any way, method and manner; and -although not stated in the above articles- carrying out any activities which are against the current laws -especially the Turkish Penal Code and Law No. 5651 (Turk Ceza Kanunu ve 5651 Sayili Kanun) and constitute a crime is strictly forbidden. Otherwise, CLOUDSPEX reserves the right to terminate the agreement/contract, and to cease and/or suspend the mentioned service.

6.9. No unlicensed software can be/will be used on the WEB pages and internet sites belonging to the CUSTOMER and hosted by CLOUDSPEX on its servers. And it is not/will not be allowed to sell/distribute/trade/service any Warez/pirated software that violates copyright and/or any other laws of intellectual property. A copy of both the licenses and invoices of the currently installed software and the software which will be installed in the near future must be/will be submitted to CLOUDSPEX as long as this Contract is/will be valid. THE CUSTOMER hereby agrees, declares and undertakes to deliver the relevant license and invoice copies to CLOUDSPEX within 30 (thirty) days from the date of their receipts. THE CUSTOMER will be responsible and liable for all probable disputes arising between the Licensor and THE CUSTOMER. CLOUDSPEX reserves the right to recourse to/help/assist THE CUSTOMER.

6.10. THE CUSTOMER is/will be obliged to comply with the security system established by CLOUDSPEX and to protect confidentiality against the attacks and/or information theft that may occur on the servers maintained/preserved by CLOUDSPEX. Despite all the precautions which CLOUDSPEX has taken and/or recommended/recommends THE CUSTOMER to take; if/in case THE CUSTOMER does not/will not show the necessary care and/or attention and if it causes partial or complete damage(s)/loss(es) to THE CUSTOMER itself and/or the websites of its own customer(s), THE CUSTOMER is/will be exclusively responsible for it. In case of insufficient care and attention and/or negligence; the responsibility of THE CUSTOMER covers the compensation of any material/moral damages/losses which CLOUDSPEX and/or third parties may/will also suffer, along with its (THE CUSTOMER’s) own website, too.

6.11. THE CUSTOMER will never engage in activities/businesses that may/will disrupt the use of the CLOUDSPEX network and/or other network, system, system resources (CPU, RAM and Network resources), service(s) and/or device(s) related to it. In such cases, CLOUDSPEX may/will request THE CUSTOMER to reduce/decrease the use of system resources down to an acceptable level, and/or to pay CLOUDSPEX for the additional technical equipment and resources required to meet the resources THE CUSTOMER uses. Otherwise, CLOUDSPEX reserves the right to terminate/cancel the agreement/contract.

6.12. By signing and approving this Contract, THE CUSTOMER is deemed to have accepted the General Terms of Service Agreement and all other policies, terms and rules noticed/notified on/via the SITE. THE CUSTOMER hereby irrevocably accepts, declares and undertakes in advance that he/she has read all of the contracts/explanations regarding the service(s) he/she has purchased/will purchase and, if deemed necessary, by exchanging with CLOUDSPEX and agreeing in terms of commitments and provisions.

6.13. THE CUSTOMER is/will be responsible and liable to make its payments to CLOUDSPEX on time and in full/fully, in accordance with the conditions notified on the CUSTOMER PANEL.

7. FEES AND PAYMENTS

7.1. CLOUDSPEX notifies/will notify its service/product fees/prices to THE CUSTOMER right at the time of the Contract via written document, website and/or e-mail messsage.

7.2. With the acceptance/signing of this Contract by THE CUSTOMER; CLOUDSPEX has/will have the right to collect the fees/prices of the service(s)/product(s) -which is/are requested/demanded by THE CUSTOMER- from the account of the relevant credit card declared by THE CUSTOMER himself/herself during the ordering process.

7.3. 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.

7.4. If THE CUSTOMER -in the details of his/her order- chooses to pay monthly, he/she is/will be responsible and liable to follow up and regularly make the referring payment every month. THE CUSTOMER must renew the service(s) he/she receives/is receiving before the service ending/expiration date specified on the CUSTOMER PANEL at the latest. THE CUSTOMER himself/herself is/will be responsible/liable for all material and/or moral damages/losses, including data loss(es) that may/will be caused by THE CUSTOMER for not performing the renewal procedures by himself/herself.

7.5. 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.

7.6. Following the payment transaction for the order(s) placed by THE CUSTOMER, CLOUDSPEX will issue/create the invoice to THE CUSTOMER for its relevant payment transaction. THE CUSTOMER can access/view the arranged invoices on/via the CUSTOMER PANEL.

7.7. In the event that the fees/prices accrued/effectuated by CLOUDSPEX to THE CUSTOMER with the relevant notifications are not/will not be paid within their times by THE CUSTOMER; 3% default interest per month will be applied monthly in US Dollars. THE CUSTOMER hereby accepts and declares that the specified interest rate is not exorbitant. In the event that THE CUSTOMER fails to pay the accrued/effectuated fees/prices and the interest of delay within 15 (fifteen) days from the last payment date; the services provided to THE CUSTOMER can always be stopped by CLOUDSPEX without the need for a prior warning; and the Contract can be cancelled/terminated unilaterally by CLOUDSPEX without any prior notice. In the event of cancellation/termination of the Contract, all fees and interests of delay which have already been accumulated will be obliged to be paid by THE CUSTOMER urgently in due/cash; and they will be paid immediately by THE CUSTOMER to CLOUDSPEX without any prior warning or notice to THE CUSTOMER. With the termination of the Contract, THE CUSTOMER shall pay a monthly default interest of 3% in US Dollars until the actual payment date or during the follow-up period; and, in addition, THE CUSTOMER accepts, declares and undertakes to pay CLOUDSPEX the Attorney’s fee amounting to 10% of the total receivable/collectable balance.

7.8. In addition to Article 7.7; in our services such as the renting (rental) of a physical server, VPS (Virtual Private Server) or VDS (Virtual Dedicated Server); if/in case the service renewal fees/prices are not/will not be paid and/or the collections are not/cannot be made within 7 (seven) calendar days following the ending date of the service, the related services are/will be paused/suspended by CLOUDSPEX. If there is no payment and/or no collection of service renewal fees within 14 (fourteen) calendar days following the ending date of the service, all data regarding the relevant service are/will be deleted for security reasons and the service is/will be automatically closed/cancelled by CLOUDSPEX. CLOUDSPEX cannot be/will not be held responsible/liable for any data loss(es) that may occur in our cancelled services. Regarding the periods in which the fees/prices of the service(s)/product(s) cannot be collected from THE CUSTOMER; CLOUDSPEX has the right to take and use all precautionary measures such as stopping, suspending, locking etc. the referring service. THE CUSTOMER irrevocably accepts, declares and undertakes in advance that; regarding the period in which he/she has not paid the service fee(s)/price(s); THE CUSTOMER will not be able to address any claim of loss of rights to CLOUDSPEX.

7.9. If the specified bandwidth during the ordering process is/will be exceeded in any month, the “extra traffic usage“ fee will be billed/invoiced to THE CUSTOMER monthly by CLOUDSPEX, over the extra traffic charges/prices specified on the SITE.

7.10. CLOUDSPEX reserves the right to make any kind of regulation/update regarding its service fees. Any changes that may occur in the service fees in the future will be notified/forwarded to THE CUSTOMER via/through the CLOUDSPEX SITE and/or via e-mail message. If THE CUSTOMER continues to use the Hosting Service(s), it means that he/she agrees to pay CLOUDSPEX over the current Contract terms and the applicable fee/price schedule.

7.11. 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.

8. PRIVACY

8.1. THE CUSTOMER agrees and declares to protect and keep any confidential information that it learns/will learn about CLOUDSPEX. THE CUSTOMER will not use the any kinds of written, oral, electronic, etc. confidential information he/she obtains/will obtain in any kinds of way during the execution/realization of the service or through access to CLOUDSPEX resources/systems in the workplace and/or add-ons of CLOUDSPEX etc. for any reason other than the execution/realization of this Agreement; he/she will not disclose it to any third party and/or organization; and he/she will be obliged to keep and protect it.

8.2. The expression of “confidential information“ covers and contains all information and/or data obtained through access to information resources/systems (including computer, communication network, all kinds of communication tools); and also all kinds of information -and within the scope of this article, unless otherwise stated- CLOUDSPEX covers; listed as follows (and limited to these): All service products; any information that is/is not reported as confidential by CLOUDSPEX; any business (including discovery, research, development, manufacturing and sales of the invention), process and/or general commercial activities (including sales costs, profit, pricing methods, organization and staff list) in which CLOUDSPEX is/will be involved.

8.3. In case of any act which is/will be contrary to this article; and in addition to all material/moral damages/losses of CLOUDSPEX that may/will arise from such situation; THE CUSTOMER agrees, declares and undertakes to pay a penalty clause/fee of USD 5.000 (five thousand) to CLOUDSPEX for each of his/her violations. This obligation will also be valid in the event of the termination/cancellation of the Contract for any reason; and THE CUSTOMER agrees, declares and undertakes not to operate directly and/or indirectly in the fields of activity of CLOUDSPEX for a period of 5 (five) years.

9. VALIDITY, CONTRARIETY AND TERMINATION OF THE CONTRACT

9.1. Changes/amendments/updates to this Agreement -which THE CUSTOMER accepts and approves during the online application- that may/can take place in time, will be immediately notified to THE CUSTOMER by posting/publishing them on our internet SITE and/or by e-mail message. By continuing to use the services of CLOUDSPEX, THE CUSTOMER will be deemed to have approved, confirmed and accepted the changed/amended/updated Contract terms. THE CUSTOMER accepts, declares and undertakes in advance that he/she cannot/will not claim that he/she currently is not and/or previously was not aware of the provisions of this Agreement published and updated on the internet SITE of CLOUDSPEX.

9.2. THE CUSTOMER may/can terminate the Contract at any time by removing/undoing the AUTOMATIC RENEWAL option and/or by verbally/in writing the related cancellation demand/request to our CLOUDSPEX Customer Services; under one circumstance that THE CUSTOMER sends/forwards his/her referring demand/request to CLOUDSPEX until the renewal date specified on the SITE at the latest.

9.3. In the event that collections/cash proceeds/collections of the revenues related to our services cannot be realized/performed from/via the credit card of THE CUSTOMER, the information of which has been declared by himself/herself; CLOUDSPEX may suspend, pause and/or terminate the Contract without any compensation/indemnity and prior notice. In this case, the refund/reimbursement of the fees paid priorly/previously by THE CUSTOMER is not/will not be made.

9.4. The contract may/can be unilaterally terminated by CLOUDSPEX without any notice for/in case of the following reasons:

a. If/in case THE CUSTOMER transfers/hands over the services and/or the rights granted to him/her by this Contract, in whole and/or partly to someone else/a third party without the written confirmation of CLOUDSPEX,

b. If/in case a bankruptcy decision is/will be taken against THE CUSTOMER; and/or in case the payments are/will be suspended,

c. If/in case THE CUSTOMER violates the Privacy clause of this mutual Agreement,

d. As stipulated and specified in Article 7.7; if/in case THE CUSTOMER fails to pay CLOUDSPEX the fees/prices of the services it provides to THE CUSTOMER.

e. In the event that THE CUSTOMER violates the terms/conditions specified in this Contract or TERMS OF SERVICE USE; 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, THECUSTOMER will not be refunded and/or reimbursed for the previously paid fees.

9.5. Even if the server service is/will be canceled under normal circumstances, THE CUSTOMER’s previously paid fees will not be refunded/returned. In case of long-term service purchases and/or within the first 15 (fifteen) days from the date of the purchase; if THE CUSTOMER cancels the server service before the expiry date of the service he/she purchased, THE CUSTOMER will be entitled to a refund; and considering the period used by THE CUSTOMER up to that day, a refund will be done to THE CUSTOMER under certain conditions.

The sum of the uncollected portion of the discounts, unpaid activation fees, application fees, server set-up fees and/or other benefits and any benefits and/or discount fees provided to THE CUSTOMER by CLOUDSPEX during the service period -including the fee for the related service period- will be deducted from the total amount which will be returned/refunded to THE CUSTOMER. Namely; this referring amount will never exceed the total amount payable for the period from the date of cancellation/termination to the ending date of the service term.

10. LICENSE AND INVOICE COPIES OF THE SOFTWARE WHICH WILL BE USED ON THE SERVERS

Copies of the Licenses and Invoices of all software which will be used by THE CUSTOMER and/or which will be used on its web pages will be submitted/forwarded to CLOUDSPEX as attachments at/during the time of signing this Agreement:

The existing ones will be submitted/forwarded bt THE CUSTOMER to CLOUDSPEX within 15 (fifteen) days after the signature; and new ones within 30 (thirty) days following the activation date of the relevant service.

11. 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.