ARTICLE 1. PARTIES
This agreement is accepted electronically between the customer who chooses to buy domain name, shared web hosting, server leaseal, Content Distribution Network (CDN), SSL Security Certificate, and email services separately or together from the services provided by www.lnwservers.com website (hereinafter referred to as the Website) and www.lnwservers.com/en/customer (hereinafter referred to as the USER PANEL) and YSR Bilişim Teknolojileri Telekomünikasyon İnternet ve Danışmanlık Hizmetleri Tic. Ltd. Şti. (hereinafter referred to as LNWSERVERS) which operates the Website.
ARTICLE 2. SUBJECT AND PURPOSE
The subject of this agreement is to establish the obligations and rights of the parties related to the services provided on the SITES and USER PANEL.
ARTICLE 3. SERVICES AND RESPONSIBILITIES
ARTICLE 3.1. DOMAIN NAME SERVICES
3.1.1. Domain name registration is provided by internationally accredited organizations based on the first come first served principle, excluding "com.tr", and LNWSERVERS only acts as an intermediary for the registration process. Due to central database updates, the same domain name may be ordered for registration by diffelease intermediaries at the same time. In this case, the registration process will be performed based on the first order received and, in case this occurs, LNWSERVERS will refund the domain name fee. The CUSTOMER agrees that, in accordance with this provision, LNWSERVERS is an intermediary and is not responsible for any issues that may arise from to updates.
3.1.2. The CUSTOMER acknowledges and declare that LNWSERVERS is not responsible for the settlement provisions and administrative management of the domain names that he/she requests registration, that he/she is aware of the legal and administrative management of the domain names detailed on the website www.icann.org before the registration request, and that LNWSERVERS is responsible for the amendment and implementation of these provisions.
ARTICLE 3.2. SHARED WEB HOSTING SERVICES
3.2.1. The responsibility of any content hosted on LNWSERVERS systems solely belongs to the CUSTOMER. The hosting of the following content is not permitted on LNWSERVERS systems:
Content that is defined as a crime in the laws of the Republic of Turkey and that will result in an access blocking decision according to Article 8 of Law 5651 (such as incitement to suicide, sexual abuse of children, provision of dangerous substances for easy drug or stimulant use, obscenity, prostitution, provision of place and opportunity for gambling, and crimes committed against Atatürk as defined in the law numbered 5816 dated 25.07.1951).
Software that threatens the security of LNWSERVERS systems and content that violates the rights of third parties.
Software that enables spamming and phishing.
In the event of detection of such content, LNWSERVERS may cancel or entirely stop the service provided to the CUSTOMER, and the CUSTOMER acknowledges and declares that he/she will not host such content on LNWSERVERS systems, otherwise he/she will be fully responsible and he/she cannot claim for refund or compensation under any name from LNWSERVERS in case of the cancellation of the service.
3.2.2. LNWSERVERS regularly backs up data on its systems, except for email systems, for system requirements. This provision cannot be interpreted as meaning that LNWSERVERS backs up all types of content on behalf of the CUSTOMER on a daily basis. Unless otherwise agreed between the CUSTOMER and LNWSERVERS, the CUSTOMER is solely responsible for backups of the content him/her hosts. LNWSERVERS may use the backups it has taken for system requirements to restore in case of a problem by the CUSTOMER. This provision applies only to shared web hosting services and LNWSERVERS does not have any liability for the loss or damage of the data or content.
Article 3.2.3. The CUSTOMER is responsible for complying with the responsibilities of "Content Provider" and "Place Provider" defined in Law 5651, and for providing access information on their own site for access by third parties.
Article 3.2.4. The CUSTOMER promises that he/she will use the unlimited disk space provided only in a format specific to the service received, and that he/she knows that he/she cannot use the unlimited disk space allocated for the website for data storage, streaming, CDN, etc.
Article 3.3 SERVER LEASING SERVICES
LNWSERVERS will provide the one or more servers leased by the CUSTOMER from LNWSERVERS for the CUSTOMER's use through LNWSERVERS' existing internet connections. In case of physical failures in the physical servers leaseed from LNWSERVERS, LNWSERVERS is responsible for rectifying the physical failure within 1 (one) business day upon notification by the CUSTOMER, or replacing the leaseed server with a similar one. In case of physical failures in virtual servers leaseed from LNWSERVERS, LNWSERVERS is responsible for transferring the virtual server to another physical server. However, under no circumstances will LNWSERVERS be held liable for any loss or damage of data/information that may occur due to physical or software failures on the servers, possible commercial revenues of the CUSTOMER during the failure period, or any other material or moral damages.
The CUSTOMER is responsible for the installation of the operating system, the installation and setting of other software, all operations related to software, and all software-related problems on the servers leased by the CUSTOMER, as well as the license costs of the software. All information/data loss that may occur due to software and/or hardware failures on the servers is entirely the responsibility of the CUSTOMER in terms of backup and storage. LNWSERVERS cannot be held responsible for any material or moral damages despite this information/data loss.
In the event of a request for physical changes to the servers leased by the CUSTOMER, LNWSERVERS will price the changes separately and will intervene with the CUSTOMER's acceptance.
LNWSERVERS may stop, suspend or block access to the leaseed servers in case of non-compliance with the CUSTOMER's payment obligations.
The CUSTOMER undertakes to use the information, data, e-mails, web pages and all other electronic information that will be preserved and published on the leased server system in accordance with the purposes and legal activities of this agreement, in compliance with the laws of the Republic of Turkey, customs and general moral rules, and to assume all financial and legal obligations related to copyrights. The CUSTOMER shall be fully responsible for any legal action that may arise in relation to this matter and the fees and other compensations will be borne solely by the CUSTOMER. The CUSTOMER agrees to always keep LNWSERVERS out of these relationships and matters. However, in case of administrative, legal or criminal proceedings against LNWSERVERS, the CUSTOMER shall be liable to compensate LNWSERVERS for all damages incurred.
The CUSTOMER shall not use or allow the use of unlicensed software on the server they will use, and shall not engage in activities that violate the laws related to intellectual property rights such as the distribution of pirated software and the sending of e-mails with advertising content without the approval of third parties (SPAM). The CUSTOMER shall be fully responsible for any disputes that may arise with the license holder. However, in case of administrative, legal or criminal proceedings against LNWSERVERS, the CUSTOMER shall be liable to compensate LNWSERVERS for all damages incurred.
The customer is responsible for taking necessary measures and security precautions against internet-based attacks and information theft on the server leased from LNWSERVERS. If the customer fails to take the necessary precautions and measures, or if the measures taken are insufficient, resulting in partial or complete damage to the leased server and other servers within the LNWSERVERS, the customer will be solely responsible for it. LNWSERVERS reserve the right to limit, completely stop the service and terminate the contract if the necessary solution cannot be provided.
The customer shall fulfill the obligations imposed on providers of content and location by Law No. 5651, and will provide the necessary and accurate information to legal authorities or LNWSERVERS within 2 (two) business days in case of legal information request, and undertake to compensate for any damages and expenses incurred by LNWSERVERS. LNWSERVERS, upon official request, will deliver the servers or transmit the information contained in their systems to the competent authorities, limited to the requested information. This cannot be considered as a breach of personal information or the disclosure of trade secrets. LNWSERVERS cannot be held responsible for damages and losses arising from the servers delivered to the competent authorities.
The customer cannot transfer or allow the use of services and opportunities provided under this agreement to third sides without the approval of LNWSERVERS.
In case of providing location services to third parties on the leased servers, the customer is obliged to regularly provide LNWSERVERS with customer information requested by the Telecommunications Directorate on a monthly basis. This information will be protected and kept confidential by LNWSERVERS.
The CUSTOMER is obliged to declare in the contracts it will make with third parties that it is entirely responsible for the services it provides through LNWSERVERS systems.
Article 3.4 Content Distribution Network (CDN) Services
3.4.1. The CUSTOMER is responsible for making the necessary system settings in accordance with the service and requirements specified on the www.lnwservers.com address, unless otherwise stated.
3.4.2. The hosting service of the static files subject to the Content Distribution Services belongs to the CUSTOMER, unless otherwise agreed. LNWSERVERS shall not be held responsible for any malfunction, data loss, or system errors that may occur on the CUSTOMER’s servers and systems, or any performance degradation, interruption, or non-performance of the CDN service provided by LNWSERVERS.
3.4.3. LNWSERVERS, in the course of providing CDN services, temporarily copies and publishes the static files subject to this Agreement from the location where a server is located that is suitable for performance, in the sense of proximity, as a technical requirement. The CUSTOMER agrees and undertakes to this necessary technical copying process.
3.4.4. LNWSERVERS reserves the right to delete the data it keeps in the cache for the static files subject to the Content Distribution Network at any time, and to subject the files to caching again at any time as desired from the CUSTOMER’s servers. These operations or data losses that may occur in LNWSERVERS’ caches will not affect the data stored on the CUSTOMER’s systems, and the CUSTOMER acknowledges and declares that LNWSERVERS may perform the caching process of the subject files at any time during the service period.
3.4.5. If the CUSTOMER wishes to use encrypted connections while benefiting from CDN services, the CUSTOMER cannot technically use its own certificate and continues the service over the domain name "domainname.LNWSERVERScdn.net". The presence of "LNWSERVERS" in the domain name extension does not mean that LNWSERVERS is a content provider or host, and the CUSTOMER acknowledges and declares that LNWSERVERS does not have any control over the content and does not have any responsibility for the content provided by the CUSTOMER.
3.4.6. LNWSERVERS may at any time increase or decrease the number of servers and locations for CDN services and make technical changes unilaterally.
3.4.7. LNWSERVERS does not facilitate the broadcasting of content listed in article 3.2.1 of this agreement, even if it is within the scope of hosting services. In the event of such content being identified, LNWSERVERS has the right to unilaterally stop the service provided.
3.4.8. Unless otherwise agreed, billing services for CDN services are calculated and invoiced on a monthly basis based on the gigabytes used by the CUSTOMER. The CUSTOMER is obligated to pay the price of the service within 3 (three) days of invoice issuance, otherwise LNWSERVERS has the right to stop and cancel the service.
Article 3.5. SSL Services
LNWSERVERS carries out intermediary activities regarding SSL services and does not have the right to determine the license scope and terms of use for certificates. Therefore, the CUSTOMER is solely responsible for making the appropriate choice for the type of certificate he needs.
The CUSTOMER acknowledges that they have read the scope of the license and terms of use of the relevant certificates at www.rapidssl.com/legal link and that they cannot claim a refund of the fee due to service or errors in the selection, among other reasons, and that this is due to the nature of the service.
LNWSERVERS does not undertake to provide a time frame for the activation of the certificates and is subject to the scope provided by the certificate provider.
Unless otherwise agreed, the CUSTOMER is solely responsible for the installation of the certificates. LNWSERVERS will not be held responsible for any errors in installation or as a result of the scope of the license.
In the event that the CUSTOMER's certificate request is not accepted by the certificate provider, LNWSERVERS shall not be held responsible for any other compensation except for the refund of the paid fee.
Article 3.6. E-Mail Services
LNWSERVERS systems cannot be used for unauthorized sending of e-mails (spam). The CUSTOMER is obliged to comply with this rule in the e-mail services he/she receives. E-mails sent from LNWSERVERS systems must have the approval of the recipients if they carry commercial, advertising and marketing content. In the event that LNWSERVERS or LNWSERVERS systems are subject to sanctions due to unwanted e-mails, LNWSERVERS may terminate the service provided without notice, and may seek compensation for the damage suffered. The CUSTOMER is responsible for avoiding actions that may create security vulnerabilities during the use of E-MAIL services. LNWSERVERS may cancel or suspend the service provided unilaterally in case of unwanted e-mail sending caused by viruses, Trojans etc. software affecting the LNWSERVERS systems without the consent of the CUSTOMER.
The CUSTOMER is responsible for informing the users of the accounts received with the E-MAIL services of the daily usage limits, technical features and unwanted e-mail policies specified in this agreement. LNWSERVERS is not party to any disputes that may arise due to the non-compliance or incompleteness of these notifications.
LNWSERVERS is not responsible for backing up e-mails unless a separate backup agreement is made between the CUSTOMER and LNWSERVERS.
ARTICLE 3.7. LIMITATION OF SERVICES
LNWSERVERS systems are highly protected against malicious actions from outside. However, in the event of unexpected situations and the customer's inability to protect the passwords of the system they are using, vulnerabilities left in site setup, use of insecure software and tools, LNWSERVERS can stop or suspend the service provided for the benefit of the customer and LNWSERVERS in case of malicious attacks and access. If the customer is responsible for these actions due to negligence or if they persist in not taking the necessary precautions, LNWSERVERS can completely cancel the service. This rule applies to all services provided by LNWSERVERS and LNWSERVERS reserves the right to cancel access to systems that show vulnerability for the security of its own system and other customer systems. The customer cannot claim compensation for damages caused by this rule.
LNWSERVERS may interrupt the services periodically due to maintenance work. In this case, LNWSERVERS will inform the customer of the scheduled maintenance work hours and days through the Website and corporate social media accounts and by email. These works will be carried out at reasonable times and for reasonable periods and will not be considered as service interruption.
LNWSERVERS is a "Content Provider" under the Law No. 5651, and has the right to remove content and block access to content on the customer's site in accordance with the relevant law and other legal regulations upon notification to LNWSERVERS. In this case, LNWSERVERS will first inform the customer and if the customer fails to comply with the court decision immediately, LNWSERVERS may use the option of either intervening in the system to implement the court decision or completely canceling the service, if technically possible, due to legal obligations. In case of violation of this article, the customer shall be liable to compensate the damages suffered by LNWSERVERS.
The customer acknowledges that by this agreement, he does not acquire the title and status of representative, agent, commercial representative, partner, solution or business partner of LNWSERVERS, and cannot introduce himself as such to third parties.
ARTICLE 3.8. TECHNICAL SUPPORT
The technical details related to the services provided by LNWSERVERS and the system or software requirements that the customer needs to have are updated on the Website.
The technical support services provided by LNWSERVERS do not include the installation and maintenance of the services, but were established to assist the relevant persons who carry out the services provided on the CUSTOMER side in ensuring the continuity of the service. LNWSERVERS will only offer suggestions against the problems that the CUSTOMER may experience due to inadequacy and ignorance of the services received, and it is not possible to intervene in the systems and take action on behalf of the CUSTOMER, with the exception of the reserved provisions. Provisions regarding technical support services provided for a fee are reserved.
ARTICLE 4. PAYMENTS
4.1. Prices for the services offered by LNWSERVERS are available on the Website. LNWSERVERS does not open the service until the CUSTOMER pays the relevant service fee. For payments made through the bank, the date on which the amount is transferred to LNWSERVERS accounts is taken into account.
4.2. LNWSERVERS can always make changes on the prices for the services offered on the Website. LNWSERVERS will send periodic service CUSTOMERS information including changes to their e-mail account in the system. CUSTOMERS paying monthly are bound by changing prices for the next month, and the price difference is not reflected in annual cash payments. If the monthly payment CUSTOMER does not accept the changes, he has the right to terminate the contract for the periods in which the changing prices are valid.
4.3. The CUSTOMER is obliged to make their payments without any warning or notice. For payments not made on time, LNWSERVERS may completely stop and cancel the service. The CUSTOMER cannot claim any rights under any name by betting, since the service for which the fee is not paid is not provided.
4.4. LNWSERVERS reserves the right to charge 4% monthly delay interest for service fees not paid on time, without the need for warning or notice.
4.5. Service amounts calculated in foreign currency are converted into Turkish Lira at the effective selling rate of Garanti Bank on the payment date or paid in foreign currency.
Article 5. USER PRIVACY
5.1. The customer is responsible for the accuracy of the user information and access addresses entered into the system. LNWSERVERS may perform verification procedures via SMS or email, as well as request updates if deemed necessary.
5.2. The CUSTOMER is solely responsible for the protection of the password used to access the services provided by LNWSERVERS, passwords with all kinds of access authorization and data. LNWSERVERS cannot be held responsible if these passwords and access rights are used by malicious third parties.
5.3. LNWSERVERS does not share customer-provided information, content, or data generated by the use of the systems with third parties, except for legal requirements and requests from legal authorities. Domain name records show customer-provided information, and if the customer wishes for their information to be hidden from third parties, they are responsible for informing LNWSERVERS via the USER PANEL.
5.4. LNWSERVERS may send promotional or informational content related to the services provided by the CUSTOMER or its business partners to the access information recorded in their systems. If the CUSTOMER does not wish to receive these notifications, he/she may contact LNWSERVERS and submit his/her request.
5.5. NWSERVERS fulfills CUSTOMER demands according to the information registered in the system and is based on the invoice information in case of disputes with third parties.
5.6. In the event that it is determined that the user information transmitted to LNWSERVERS by the CUSTOMER is deliberately inaccurate and unrealistic, LNWSERVERS has the right to completely stop and cancel the services it has provided.
Article 6. CONTACT INFORMATION and NOTIFICATIONS
6.1. The customer agrees that the email addresses reported to LNWSERVERS during the order are sufficient for notification and warning. It is not necessary for the parties to confirm whether these notifications have been read, and it is considered that the notification was delivered on the next day after the date of the notification.
6.2. LNWSERVERS can send messages, information, letters, warnings, payment notifications, account statement and account summary to the email address reported by the customer during the contract period. The customer declares and accepts that this email address is of the nature specified in the 6.1 article of this agreement. If the customer requests a change of the email address or communication information for security or other reasons, the customer is obliged to update this information from the USER PANEL.
LNWSERVERS may require the customer to send identification information or similar documents in the event of a change in access and communication information if deemed necessary. In this case, the requested changes will be pending until the necessary confirmations are made.
Article 7. TERMINATION / SUSPENSION OF THE AGREEMENT
7.1. LNWSERVERS reserves the right to terminate the agreement unilaterally and without notice in the event of non-payment, or to completely stop the services provided until payment is made. The CUSTOMER is solely responsible for monitoring whether payments are made on time and in full.
7.2. In the event that services provided by LNWSERVERS are stopped, email, web and ftp access will not be possible and email accounts will be frozen under the CUSTOMER's name. In this case, incoming emails may be technically returned. If payment is not made within 10 (ten) business days from the payment date, LNWSERVERS reserves the right to cancel the CUSTOMER's account and delete all data. The CUSTOMER cannot make any claims in this regard.
7.3. If one of the items included in these terms of use is violated by the CUSTOMER, LNWSERVERS reserves the right to terminate this agreement immediately and without notice for its own and other CUSTOMER's benefit. In the event of LNWSERVERS' legitimate termination, there is no obligation to refund the fee.
7.4. The CUSTOMER can terminate this agreement at any time with notice. However, due to the immediate execution of the services provided, no refund or discount and refund of fees can be claimed for services not used.
7.5. The CUSTOMER has the right to withdraw from the contract within 10 days from the date of the contract, without giving any reason, regarding one or more of the leaseal or virtual server or shared web hosting service packages. If the CUSTOMER wishes to return the service based on this article, he/she is obliged to immediately inform LNWSERVERS of his/her request within this period. LNWSERVERS will make the fee refund using the payment method used by the CUSTOMER to pay the service fee, and there may be delays caused by the bank in the case of credit card usage.
Article 8. VALIDITY of ELECTRONIC RECORDS
LNWSERVERS commercial books and system reports are considered as legally valid evidence in the e-mail, instant communication tools, all kinds of electronic data transmission or fax correspondence records sent between the parties and accepted as final and binding evidence in the context of procedural law.
ARTICLE 9. FORCE MAJEURE
The parties shall consider as force majeure the events that are not in existence at the time of signing of this agreement, unforeseen and beyond the control of the parties, including but not limited to, all failures that may occur as a result of cuts in the internet infrastructure of Turkey or other countries where LNWSERVERS receives service, as well as the cases listed in the Turkish Code of Obligations, which make it impossible for one or both parties to partially or completely fulfill the debts and responsibilities imposed by this agreement. The party that will not be able to fulfill its obligations or will be delayed in fulfilling them due to force majeure shall notify the other party of the situation in writing on the same day.
In this case, each party accepts that it has the right to terminate this contract, but it will not have the right to claim the damages incurred due to the non-execution of the contract or the delay in its implementation. However, by mutual agreement, the parties may sign a new service program and adapt this contract to the new conditions.
ARTICLE 10. DISPUTES
The Parties declare and accept that Istanbul Courts are authorized in disputes arising from this contract.
These terms and conditions have been read and accepted by the CUSTOMER electronically upon selecting the service from LNWSERVERS. In case the CUSTOMER selects multiple services from LNWSERVERS, this agreement will remain in effect for all other services even in the event of termination of one service.