Terms of
Service

This agreement is between Ahmet Çevik (hereinafter referred to as Hostopya) who provides the services specified in the services section (hereinafter referred to as Services) and the person/organization specified with their details in the new customer registration section (hereinafter referred to as Customer). This agreement shall be considered signed under the terms and conditions stated below for the use of the website operating at https://www.hostopya.com & https://hostopya.com (hereinafter referred to as the Site) owned by Hostopya and the services to be purchased through this site.

Both parties declare, accept and undertake the accuracy of the information written in this agreement.

This agreement shall regulate the sections the customer is and is not permitted to access during their transactions on the site, in their orders, in their messages, in accordance with the information provided during registration, and the fees to be paid to Hostopya in exchange for the services to be received according to their preferences in their orders.

Membership information is the information entered by the customer at the time of registration. Since this information will be used as the basis for transactions, it is assumed that the customer and member have entered this information accurately and completely.

Hostopya may require the sharing of contact information such as email and mobile phone during registration, purchase or similar transactions for the purpose of sending notifications, newsletters or implementing security protocols such as account verification, and may request confirmation of this information through methods such as verification codes, and may make these verification processes mandatory for the use of services.

Hostopya may send notifications or newsletters related to the services owned by the user using the contact information shared during registration.

Hostopya shall provide the services communicated as orders upon the customer's request. With the order acceptance message, Hostopya acknowledges that it has collected the relevant fee and undertakes to provide the service specified in the order.

The payment method and VAT differences will be indicated by the total amount to be generated during the order, and the fees to be paid according to the customer's monthly or annual payment preferences will be communicated by Hostopya.

After order acceptance and approval of transactions, the service shall have commenced. The responsibility for the relevant accounts and passwords lies with the customer, and the customer shall be responsible for any damages that may arise from these matters.

The customer undertakes to comply with the declarations and warnings received from Hostopya within the scope of the service received. The customer may not distribute or sell the services provided free of charge and unlimitedly within the hosting service to third parties, whether paid or free and/or limited or unlimited.

All live support conversations, support requests, emails, telephone, written and verbal communications between the customer and Hostopya are private and confidential. They may not be shared without the permission and approval of Hostopya.

The customer undertakes not to access files or programs for which they do not have access rights using the software and programs they own within the service, not to create any problems due to such issues, and to compensate for any possible damages.

The customer accepts and undertakes that the taxes, duties and similar obligations that are in force during the use of domain name, hosting or services received, or that will come into force during the contract period, belong to them and that they will cover them.

The customer accepts and undertakes that they are responsible for all files, documents and programs hosted within the service, all transactions they will use and benefit from with website and email services, and that they will bear all legal and criminal responsibility that may arise from the illegality of said data, information and declarations. Hostopya does not review, verify or take any responsibility for pages created by the user before they are sent. Hostopya may terminate user accounts for violating these guidelines or for any other reason. Hostopya has the right to delete illegal acts and actions without notifying the customer once it learns of them.

Hostopya cannot be held responsible in any way for the contents of customer data within the service it provides, for the erroneous/malicious use of this content, or for any material or moral damages that may arise from sent and received email data. All backup and storage obligations belong to the customer. Hostopya cannot be held responsible for errors, material or moral damages that may occur in case of service interruptions or data loss.

Hostopya shall carry out domain name registration procedures ordered by the customer and paid for without any issues. The owner of the domain name whose registration is accepted with the order and whose fee is paid is the customer. Hostopya will be able to process the domain name in accordance with the customer's requests.

Hostopya's responsibility in exchange for the services provided is limited to the monthly fee of the service received. The customer's compensation claim for any disruptions, problems and damages that may occur in their services cannot exceed the monthly fee of the service.

Hostopya will show due care and diligence to ensure that backups belonging to the customer are kept regularly, but cannot be held responsible for data losses that the customer may suffer due to problems that may occur in this regard; the customer is obliged to regularly save their own data.

Hostopya specifies the terms of use specific to the products and services it provides on the web page prepared specifically for the product and service. Users are deemed to have accepted these terms when they purchase the services.

Hostopya may make changes to the products and services it provides over time.

The customer is obliged to use the services they have received in a way that does not harm other users. Hostopya may warn the customer to correct such usage patterns or may temporarily suspend the service without prior notice.

The customer accepts that all resources specified as Unlimited in the services they use are unlimited when used in accordance with good faith and general terms of use, and continues with their service. In cases of excessive use of server resources or use of resources for purposes other than intended, Hostopya may warn the customer to correct the situation or may temporarily suspend the service without prior notice.

Hostopya may decide to terminate the service regardless of the content and scope of the product and service used, without putting forward any conditions. In this case, the remaining balance from the service and product is refunded to the user. If the customer does not accept the refund process or does not respond to the relevant notifications, the relevant balance will be reflected as a positive balance in their account.

Hostopya reserves the right to stop and completely cancel expired domain names, hosting, or other services it offers after the expiration date. It has no obligation to keep any data records after the cancellation of expired or unpaid services.

Hostopya complies with the terms of ICANN and REGISTRAR companies that are in the main producer position of domain names in its domain name registration services. Domain name registration processes are managed by software systems. The customer is responsible for controlling the entire process in case of errors that may occur in registration, update, editing, modification, deletion processes due to malfunctions or access problems that may be experienced during this operation.

Domain name registration, renewal or editing operations are carried out through third-party software or manual processes. In case of errors that may originate from such operations, the customer is obliged to share these notifications with Hostopya if the user notices the error or if a warning is made by the registrar company. Otherwise, Hostopya is not responsible for disruptions, damages or losses that may occur.

Hostopya shares customer information with the Domain Operator or intermediary company in domain name registration transactions as it is mandatory for the registration process. The responsibility for changing Whois information and its accuracy, domain name registration password responsibility, and transfer lock responsibility belongs to the customer. In accordance with ICANN rules, Hostopya or domain operators may suspend the domain name due to unverified whois information.

In domain operations such as registration, transfer, renewal, whois, NS update, status change, etc., Hostopya applies the rules and agreements bound to the registration operator (registrar) from which it receives service, along with the relevant ICANN rules. These rules may change over time. The user is deemed to have accepted all possible changes that may be made to these agreements and rules.

In domain name dispute resolution, Hostopya processes in accordance with the rules of the registration operator (registrar). For domain names such as .com .net .org, the UDRP process may be applied in accordance with ICANN rules for dispute resolution. The user accepts that these articles and processes may be applied to domain names on Hostopya.

For domain name dispute resolution, Hostopya may direct the user to legal authorities or the Domain Name Dispute Resolution Mechanism (UDRP), and in cases deemed necessary, may restrict or close access to the domain name through the panel.

Whois privacy service is preferred by users who want to protect their personal data or do not want to be included in harmful spam lists. This service does not make the user unreachable by legal authorities, and Hostopya does not allow this service to be used for illegal transactions. 100% privacy guarantee is not provided in the Whois privacy service.

Hostopya has the right to change the provision conditions and prices in domain name registration services without prior notice. This regulation will come into effect after the service renewal process for domain names paid annually, and current prices and conditions are clearly and completely stated during service renewal.

Hostopya suspends domain names for customers who do not carry out renewal processes on time in domain name services as of the expiration date. Expired domain names may be redirected to a parking page. This suspension period varies according to the time determined by the domain name producer. If the domain name is not renewed within this period, it will fall into the REDEMPTION PERIOD. In this process, the right to the domain name no longer belongs to the customer and Hostopya or the Registrar has the right to sell it to a different company. Domain names not purchased after the redemption period are under the Registrar's discretion, and after this process, it is not possible to recover the domain name through Hostopya.

Domain name services are not a product sold but a form of service in which the right of use is obtained for the period for which the fee is paid. Therefore, if the fee is not paid within the expiration periods of the domain name, this right may be transferred to another person.

This agreement and the specified rights and obligations of the parties commence with the transmission of order and payment transactions to Hostopya through the internet.

The contract duration is equal to the payment period selected by the customer during the order for the relevant service.

The fee to be paid in exchange for the services specified in this agreement is the amount stated during the order process. VAT is subsequently added to the stated prices, calculated and shown to the customer before collection.

Hostopya reserves the right to make prospective changes to prices and tariffs without prior notice. The customer hereby accepts, declares and undertakes any changes that may occur.

The fee is paid by converting to Turkish Lira at the Garanti bank's effective selling rate on the order date.

The fee is to be paid from the credit card account if there is a credit card payment instruction during the order process, or to the bank account numbers specified in the customer contact address, or by cash to Hostopya, by the end of the 5th business day from the definitive order date.

In case of late payment, Hostopya reserves the right to issue a maturity difference invoice.

Hostopya reserves the right to close or open the relevant service until the customer completes the payment transaction.

The customer is obliged to notify Hostopya of payments for the services received, regardless of the payment method. The notification must clearly state the order number, the name of the product or service paid for, and the payment method.

In case of payment problems, provision issues for customers with credit card payment instructions, or due to the terms and obligations articles, Hostopya reserves the right to stop all services, email, web, and ftp accounts provided to the customer.

During the continuation of this situation, email, web, and ftp accesses cannot be made on behalf of the customer, and email accounts will be blocked and incoming emails will be rejected.

If the customer fails to fulfill their responsibilities and commitments by violating any article of this agreement, or if the information declared in this agreement is found to be inaccurate, or if the suspension period continues for more than 7 days, Hostopya has the right to unilaterally terminate the agreement without any warning or notice.

Following such termination, the customer declares, accepts and undertakes that they cannot request a refund of the last contract fee paid regardless of the remaining period, and agrees to pay commercial punitive compensation of 5 times the equivalent contract price in effect on the date of termination.

In case of termination by the customer before the expiration date of the agreement, the customer declares, accepts and undertakes to pay 1/2 of the fees to be paid until the end of the agreement at once and in cash.

The parties have accepted, declared and undertaken the addresses specified in the order address as legal notification addresses for all kinds of notifications arising from this agreement.

All notifications made to these addresses shall be deemed to have been served even if they do not reach the parties. Unless changes to these addresses are notified in writing to the other party, the old addresses shall remain valid.

Hostopya may send messages, information, writings, warnings, payment notifications, account transaction schedules, and account statements to the email address allocated to the customer during the contract period. The customer declares, accepts and undertakes that they cannot claim that such electronic communications were not received or did not reach them, and that they shall be legally deemed to have been served.

If the customer does not make payment within 7 days following the application date for the services received, they shall be deemed to be in default. In this case, Hostopya may issue an exchange rate difference invoice and, if desired, may request a monthly late interest of 7% from the invoice date. The customer declares and accepts to pay this late interest and exchange rate difference invoice.

The customer declares, accepts and undertakes to pay a monthly late interest of 7%, a penalty clause of 50% of the outstanding debt amount, an Attorney's Fee of 10%, and all other legal expenses in case Hostopya initiates a lawsuit or enforcement proceedings for any type of receivable arising from this agreement.

The customer accepts that Hostopya is authorized to obtain unsecured Provisional Seizure and Provisional Injunction decisions in case of applying to legal authorities for Provisional Seizure and Provisional Injunction for the collection of receivables arising from this agreement.

This agreement consists of 10 articles and sub-headings and has been read, understood and signed by the parties. (Signing is deemed to have occurred by sending the order to Hostopya through the internet). Hostopya may add or remove new articles and/or sub-headings or make changes to articles when deemed necessary. The customer declares and undertakes that they have accepted these changes in advance.

Kocaeli Courts and Enforcement Offices are authorized for the resolution of all kinds of disputes that may arise during the implementation of this agreement.