1.1: This agreement is deemed to have been signed, with the articles and conditions specified below, regarding the use of the website (to be referred to as the Site) operating at the https://www.ownhost.net internet address belonging to OwnHost, and the services to be purchased through this site, between OwnHost (to be referred to as OwnHost), which provides the services specified in the services section (to be referred to as the Services), and the person/institution specified with the details given in the New customer registration section (to be referred to as the Customer).
1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.
2.1: This agreement shall regulate the sections that the customer is permitted to use or not use, based on the information they provide during their transactions, orders, messages and registration on the site, and the fees the customer will pay to OwnHost in return for the services they will receive according to their preferences in their orders. These service and transaction descriptions are as follows.
2.2: Membership information is the information entered by the customer during registration. Since this information will be the basis for the transactions carried out, the customer and member are assumed to have entered this information accurately, completely and correctly.
3.1: OwnHost will provide the services that the customer submits as an order upon request. With the order acceptance message, OwnHost accepts that it has collected the relevant fee and undertakes to provide the service specified in the said order.
3.2: The payment method and VAT differences will be specified with the total amount to be calculated during the order, and the fees the customer must pay according to their monthly or annual payment preferences will be notified by OwnHost.
3.3: The service will begin after order acceptance and confirmation of the transactions. The responsibility for the relevant accounts and passwords belongs to the customer, and the customer will be responsible for any damage or loss that may arise from these matters.
3.4: The customer undertakes to comply with the statements and warnings received from OwnHost within the scope of the service they receive. The customer declares, accepts and undertakes to comply with any warning or notice published by OwnHost while using their hosting account. The customer may not distribute or sell to third parties — whether for a fee or free of charge, and/or in a limited or unlimited manner — the services provided to them free of charge and without limit within the hosting service they have purchased.
3.5: The customer undertakes not to access files or programs they do not have the right to access by using the software and programs they have within the service, not to create any issues due to such a matter, and to compensate for the damage in any problems that may arise.
3.6: The customer accepts and undertakes that the taxes, duties and similar obligations in effect during the use of the domain name, hosting or services they receive, or that come into effect during the agreement term, belong to and will be covered by them.
3.7: The customer accepts and undertakes that they are responsible for all files, documents and programs they host within the service, and for all transactions they use and benefit from via the website and email services, and that they will bear all legal and criminal liability that may arise from the unlawfulness of the said data, information and statements. No fault can be attributed to OwnHost regarding any problems that may arise in this matter.
OwnHost does not review, verify, endorse or take any responsibility in any way for pages made by users before they are submitted.
OwnHost may terminate user accounts for violating these guidelines, or for any other reason, or because it believes them to be harmful to the business of OwnHost itself or any of its users. OwnHost has the right to remove unlawful acts and actions without notifying the customer as soon as it becomes aware of them.
3.8: OwnHost cannot be held liable for any material or moral damages that may arise from the misuse of the customer data contained within the service it provides, from data content, or from all data used via email. The obligation to back up and store this data belongs to the customer. OwnHost will regularly back up and maintain all of the customer's data. Nevertheless, OwnHost is not responsible for errors, damages or losses that may arise from interruptions or data loss that may occur in OwnHost services. Unless otherwise stated in the agreement text, backing up data is the customer's responsibility.
3.9: OwnHost will carry out the domain name registration transactions ordered by the customer and for which payment has been completed without issue. The owner of the registered domain name, for which the registration request has been accepted with the order and the fee has been paid, is the customer. OwnHost may perform operations on the domain name in line with the customer's requests in this regard. It will carry out any editing, modification and transfer requests for the domain name made by the customer as soon as possible.
3.10: OwnHost's liability in return for the services we provide is limited to the fee of the service received. In any disruptions, problems and losses that occur in the customer's services, the compensation claim cannot exceed the service fee.
3.11: OwnHost will show the necessary care and diligence to keep the customer's backups regularly, but it cannot be held responsible for data losses the customer may suffer due to problems that may arise in this regard; the customer is obliged to save their own data regularly.
3.12: OwnHost reserves the right to suspend or completely cancel expired domain names, hosting, or other services it provides after their expiry. After the cancellation of expired or unpaid services, there is no obligation to keep any data records.
3.13: In domain name registration services, OwnHost strictly complies with the terms of ICANN and the REGISTRAR companies that act as the primary providers of domain names. In this regard, all responsibilities and processes apply as the terms of the REGISTRAR companies. Domain registration processes are managed by software systems, and this software runs on OwnHost and the Registrar companies. The Customer is responsible for monitoring the entire process in the event of any errors that may occur during registration, updating, editing, modification or deletion due to malfunctions or access problems that may arise during this operation.
3.14: In Domain Name Registration Services, the responsibility for changing whois information and ensuring its accuracy, the responsibility for the domain registration password, and the responsibility for the transfer lock belong to the customer.
3.15: OwnHost has the right to change the provisioning terms and prices of its Domain Name Registration Services without prior notice. This arrangement takes effect after the service renewal process of domains paid for on an annual basis, and the current prices and terms are stated clearly and in full during service renewal. If the customer does not wish to renew, or wishes to renew through a different company, they have the right to act within the framework of the rules set by the Registrar companies and ICANN.
3.16: For customers who do not complete the renewal process for their domain name services on time, OwnHost suspends the domain names upon expiry. This suspension period varies according to the time set by the domain's registry. During this period, the main customer who purchased the domain name may renew it by paying the annual renewal fee and regain the right to use it. If the domain name is not renewed within this period, it enters the REDEMPTION PERIOD. At this stage, the right to the domain name no longer belongs to the customer and is left to the initiative of our company and the registrar. During this stage, OwnHost or the Registrar has the right to sell the domain name to a different company. A former customer wishing to reclaim the domain name, or a new customer wishing to acquire it, during the redemption period may recover it by paying a penalty fee that varies by registry but averages around 100 USD. For domain names not reclaimed after the redemption period, the process passes to the Registrar's initiative, and after this stage it is no longer possible to recover the domain name through OwnHost.
3.17: OwnHost domain name services are not a product that is sold. Rather, it is a form of service for which the right of use is obtained for as long as the fee is paid. For this reason, if the fee is not paid within the expiry period of the domain name, this right may pass to another person.
4.1: With the submission of order and payment transactions to OwnHost over the internet, the stated rights and obligations of the parties begin.
4.2: The agreement term is equal to the payment period the customer selected for the relevant service during ordering.
4.3: If the parties have not given notice that the agreement will end at the end of its term up to 10 business days before the agreement's expiry, the agreement is extended for a period equal to the previous agreement term under the same terms and conditions. (Changes in the fee are reserved.)
6.1: In the event of payment problems, authorization issues for customers with credit card payment instructions, or due to articles concerning the terms and obligations, OwnHost reserves the right to suspend all of the services provided to the customer, including all email, web and FTP accounts.
6.2: For the duration of this situation, email, web and FTP access cannot be made on behalf of the customer, and the email accounts are blocked and incoming emails are rejected.
If the customer fails to fulfill their responsibilities and commitments by acting contrary to any provision of this agreement, or if it is determined that the information declared on the front page of this agreement is incorrect, and if the suspension of the agreement mentioned above continues for more than 7 days, OwnHost has the right to unilaterally terminate the agreement without any need for notice or warning. After such termination, the customer declares, accepts and undertakes that, regardless of the remaining term, they cannot demand a refund of the last agreement fee paid, and will pay commercial penalty compensation equal to 5 times the comparable agreement fee in effect on the termination date. The customer has the right to terminate this agreement at the end of its term, provided they give written notice 10 days before the normal expiry of the agreement, without showing any reason. If the agreement is terminated by the customer before its expiry date, they declare, accept and undertake to pay one half (1/2) of the fees payable until the end of the agreement in a single lump sum and in advance.
8.1: The parties have accepted, declared and undertaken the postal addresses specified in the order address as their legal domicile for all kinds of notifications arising from the agreement.
8.2: Any notification made to these addresses will be deemed served even if it does not reach the parties. Changes to these addresses will not be valid unless notified to the other party in writing; otherwise the old addresses remain valid.
8.3: During the term of the agreement, OwnHost may send messages, information, texts, warnings, payment notices, account activity statements and account summaries to the electronic mail address it has allocated to the customer. The customer declares, accepts and undertakes that they cannot claim that the said electronic messages were not received or did not reach them, and that the said messages shall be deemed legally served 1 day after the date on which they were sent.
9.1: If the customer does not make payment within 7 days following the application date in return for the services received, they are deemed to be in default. In this case, OwnHost may issue an exchange-rate difference invoice and, if it wishes, may charge monthly default interest of 7% from the invoice date. The customer declares and accepts that they will pay this default interest and exchange-rate difference invoice.
9.2: The customer declares, accepts and undertakes that, should OwnHost file a lawsuit or initiate enforcement proceedings for any receivable arising from this agreement, they will pay monthly default interest of 7%, a penalty clause equal to 50% of the outstanding debt amount, 10% as Attorney's Fee, and all other legal expenses.
9.3: The customer declares, accepts and undertakes that, should they apply to legal authorities for a Precautionary Attachment and Interim Injunction in order to collect the receivables arising from this agreement, OwnHost is authorized to obtain a Precautionary Attachment and Interim Injunction decision without collateral; however, should collateral nonetheless be requested by the Courts, the commission and all kinds of fees arising from the letters of guarantee to be obtained from the Banks will be paid by them, and they will raise no objection to these matters.
10.1: This agreement consists of 10 articles and sub-headings, and has been read, understood and signed by the parties. (Signing is deemed to have taken place when the order is sent to OwnHost over the internet.) OwnHost may, when it deems necessary, add or remove new articles and/or sub-headings, or make changes to the articles. The customer declares and undertakes that they accept these changes in advance.
10.2: The Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this agreement.
