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Service and Usage Agreement

HomepageService and Usage Agreement

WEB BATI BİLİŞİM INTERNET AND HOSTING SERVICE TECHNOLOGIES 

Service and Usage Agreement

This contract  has been updated on 01.11.2019  .

  • Web Batı Bilişim Information Technologies Briefly referred to as "Web Batı Bilişim" and "Web Batı Bilişim.com" and "Our Company".
  • Customer and User definitions represent individuals or organizations that purchase products / services through Web Batı Bilişim and Web Batı Bilişim.com website.

All customers who create an account, shop and provide benefits by accessing users via the website www.Web Batı Bilişim.com ("Website") or mobile applications are deemed to have read, understood and accepted the following terms and conditions. It is not possible to create a user account and purchase products / services without accepting all the terms and conditions stated below. All users who create an account and purchase products / services can proceed by accepting this agreement.

This contract; It is submitted for the approval of the customer during the membership and purchase of the product / service, and it is not allowed to proceed without accepting it. It is also constantly posted at the bottom of the site. It is the customer's responsibility to review and read.

This contract imposes the rights and obligations on the contractual site to the parties and when the parties accept this contract, they accept and declare that they will fulfill the rights and obligations mentioned in full, correct, timely, within the conditions demanded in this contract.

  1. RESPONSIBILITIES

1.1 The web software and all pages linked to it on our site are the property of and operated by Web Batı Bilişim.com. Web Batı Bilişim.com always reserves the right to make changes on prices and offered products and services and contracts.

1.2 Web Batı Bilişim.com accepts and undertakes that the member will benefit from the products subject to the contract, except for technical failures.

1.3 The Customer agrees and undertakes that it will not reverse engineer or engage in any other activities to find or obtain the source code of Web Batı Bilişim products. Otherwise, if this activity is detected, it accepts and declares that all products and customer account purchased at that moment will be canceled without question and no refund will be made.

1.4 It is forbidden to place fake orders for trial purposes on the site. If detected, their accounts will be canceled and an account cannot be created with the existing account information.

1.5 The customer agrees and declares that in addition to the web software he will purchase, he will pay the fee determined by Web Batı Bilişim.com for the module, request and arrangements. The customer cannot claim any additional modules, requests and arrangements to be made later in the software. The customer not only obtains the license to use the software, but also purchases only the right to use the additional modules and requests made later. Thus, the customer does not have the right to demand that additional modules, regulations and requests similar to those made are not added to another customer or site or used in general sales. (If there is no additional contract or agreement.)

  1.  INTELLECTUAL PROPERTY RIGHTS

2.1 The title, business name, trademark, patent, logo, design, and products contained in this Site, all registered or unregistered intellectual property rights belong to the site operator and owner company or the person concerned and are under the protection of national and international law. Visiting this Site or using the services on this Site does not give any rights to the intellectual property rights in question.

2.2 All products on the Site may not be reproduced, published, copied or transmitted in any way.  The whole or part of the site cannot be used on another website without permission. 

2.3 The visual design and source codes of all products detailed on the site have been registered by the Ministry of Culture and Tourism General Directorate of Copyright and all rights are reserved. Only our website, the websites of our dealers and our authorized business partners are sold.

  1. INFORMATION PRIVACY

3.1 Web Batı Bilişim.com will not disclose the personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User such as the person's name-surname, address, phone number, mobile phone, e-mail address, and will be briefly referred to as 'Confidential Information'.

3.2 Confidential Information can only be disclosed if such information is requested by the official authorities and in cases where it is necessary to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force.

  1. REGISTRATION AND SECURITY

4.1 The customer must provide correct, complete and up-to-date registration information. Otherwise, this contract will be deemed to have been violated and the customer account will be terminated without informing the user.

4.2 The customer is responsible for the password and account security on the site and third party sites. Otherwise, Web Batı Bilişim.com cannot be held responsible for data loss and security breaches or damage to hardware and devices.

  1. CONTENT HOSTING (WEB HOSTING / SERVER SERVICES)

5.1 Content hosting, alias web hosting / web server service; basically, it consists of the CUSTOMER's websites and / or database being hosted on Web Batı Bilişim servers and published over the internet.

5.2 CUSTOMER is deemed to have accepted to abide by the terms and conditions set forth herein by using this Service. Subject to the terms and conditions of this Agreement, Web Batı Bilişim will provide maximum continuity and functionality by using all reasonable resources.

5.3 CUSTOMER acknowledges that the services may not be accessible or operated in some cases, including but not limited to:

- Force majeure (natural disasters such as earthquakes, fire, floods and other human disasters), - Hardware
failures, -
Periodic Maintenance procedures or repairs undertaken by the data center from time to time, -
Interruptions or malfunctions in telecommunications or digital transmission lines, malicious network attacks Causes beyond the control of Web Batı Bilişim or unpredictable by Web Batı Bilişim, without being limited to network density or other malfunctions.

5.4 The CUSTOMER acknowledges that Web Batı Bilişim does not have one hundred percent control regarding the continuity or uninterruption of the web hosting / server service provided and that they are not guaranteed.

5.5 Web Batı Bilişim will make the necessary effort to ensure the continuity of the Services provided to the CUSTOMER.

5.6 CUSTOMER, by purchasing the services subject to this Agreement or by creating a customer account; not to act contrary to the laws of the Republic of Turkey, decree laws, statutes and regulations and general ethics and etiquette in electronic mail communications, webcasts and all kinds of transactions related to this subscription; undertakes.

5.7 CUSTOMER accepts and undertakes that it will not make webcasts and activities on the prohibited materials specified below. Otherwise, the service received will be canceled without question and no refund, etc. Agree that it will not be done.

Prohibited materials;

  • Topsites
  • IRC scripts, bots
  • Proxy scripts / anonymizers
  • Pirated software / warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf / PTC / PTS / PPC sites
  • IP Scanners
  • Bruteforce Programs / Scripts / Applications
  • Mail Bombers / Spam Scripts
  • Banner-Name services (commercial banner name cycle)
  • Casting file / Mirror scripts (similar to rapidshare)
  • Commercial Audio Broadcast (more than one or two streams)
  • Escrow account / Bank Bonds
  • Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Happiness Chain)
  • Unlimited services provided cannot be distributed to 3rd parties for free or for a fee.
  • Sale of items subject to permission without proving the existence of the necessary authorization (s) in advance
  • Programs of banks that determine the market
  • Lottery / gambling sites
  • MUDs / RPGs / PBBGs
  • Hacking focused sites / archives / programs
  • Sites promoting illegal activities
  • Forums or websites that distribute or link to warez / pirated / illegal content
  • Fraud Sites (including those listed on aa419.org and escrow-fraud.com)
  • Mailer Pro
  • Broadcasting of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
  • Publishing content that has not been paid for copyright
  • IRCD (irc servers)
  • IRC scripts / bots
  • Pirate Software / Warez
  • IP Scanners
  • Bruteforce Programs / Scripts / Applications
  • Mail Bombers / spam scripts
  • Escrow account
  • Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Happiness Chain)
  • Sale of items subject to permission without proving the existence of the necessary authorization (s) in advance
  • Lottery / gambling sites
  • Hacking focused sites / archives / programs
  • Sites promoting illegal activities
  • Forums or websites that distribute or link to warez / pirated / illegal content
  • Fraud Sites (including those listed on aa419.org and escrow-fraud.com)
  • Mailer Pro
  • Broadcasting of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
  • Publishing content that has not been paid for copyright

5.8 Although not specified in the above clauses, it is strictly forbidden to carry out any illegal and criminal activity. Otherwise, the CUSTOMER does not agree that the service received will be canceled without any questions and no refund, etc. Agree that it will not be done.

5.9 Your service may be restricted or terminated due to the fact that the Web Western Informatics services are used and / or mediated to carry out behaviors that are against the publicly accepted general morals and traditions, because you are conducting acts and publications against the general morals and customs. The customer is aware of this.

5.10 It is the CUSTOMER's responsibility to ensure that the scripts / programs installed in the Client Account are secure and that access permissions to the directories are properly set.

5.11 Web West Computing services, including all related equipment, networks and network devices, are for permitted Customer use only. Web Batı Bilişim systems can be monitored for all legal reasons and these reasons include ensuring that the use is permitted, managing the system, facilitating protection against unauthorized access and verifying security procedures, sustainability and transaction security. During monitoring, information can be viewed, saved, copied and used for permitted purposes. The use of the Web West Informatics system (s) consents to the monitoring for these purposes.

5.12 Any account that connects to a third party's network or system without obtaining permission may be suspended. In order to access networks and systems that are not under the direct control of the customer, it is obligatory to obtain written consent from the said third party. Web Batı Bilişim may request a document to prove that the access to the network or system belonging to the third party is permitted and it may require such documents to be submitted.

5.13 Web Batı Bilişim does its best to regularly protect and back up all the data of the CUSTOMER, but does not accept any responsibility for any errors that may arise in the data within its structure. Data backup is the CUSTOMER's responsibility. CUSTOMER always undertakes the risk of damage and loss of the Web Site and the files of the entire Web Site content. CUSTOMER is completely obliged to protect the confidentiality of the customer's password and account information.

5.14 The CUSTOMER accepts that he / she is responsible for all actions, omissions and expenditures made under his / her account using his / her account or password, or for any website content displayed, linked, stored or published on the server. 

5.15 THE CUSTOMER IS OBLIGED TO TAKE THE MEASURES SPECIFIED BELOW;

  • Obtaining, requesting, storing and protecting independent archives and backup copies of websites and databases. Web hosting systems may lose functionality, be damaged or record data in some undesirable or unforeseen situations. Although Web Batı Bilişim has taken strong and fundamental measures in backup, the Customer is obliged to take, keep and protect the backups of all website files and databases. Otherwise, Web Batı Bilişim is not responsible for any loss or damage to be experienced. The customer accepts, undertakes and declares this.
  • To ensure the security, confidentiality and integrity of the websites and to ensure the confidentiality of account information.
  • To prevent any loss or damage to websites.

5.16 CUSTOMER undertakes to pay usage fees and related taxes for web hosting services. The fees are collected in advance with the first order and are requested again at the end of the term unless otherwise stated.

  1. BULK / SINGLE SMS SERVICES

6.1 Bulk / Single SMS services; The web includes the sms sending services offered to the CUSTOMER via Batı Bilişim.com or via the API access links it provides.

6.2 The CUSTOMER shall be liable to the recipients solely and exclusively for the Bulk / Single SMS it sends, and will keep Web Batı Bilişim free from all kinds of requests, claims, objections and complaints that may come from the relevant persons and institutions within this framework. , Web Batı Bilişim has the right to recourse all damages to itself, all of the direct and indirect income losses and material and moral damages that Web Batı Bilişim may be exposed to due to any claims, claims and receivables that can be claimed against Web Batı Bilişim, At the first request of Batı Bilişim, it accepts, declares and undertakes to compensate immediately in cash and at once.

6.3 The CUSTOMER accepts, declares and undertakes that it will act in accordance with the current legislation regarding the sale / sending of Bulk / Single SMS subject to this Agreement.

6.4 The CUSTOMER shall pay the costs and compensations that Web Batı Bilişim will have to pay to third parties and / or official authorities regarding its obligations under this contract, 5 (five) following the first written request of Web Batı Bilişim without any provision it accepts and undertakes that it will pay to Web Batı Bilişim within working days.

6.5 All kinds of announcements, advertisements, announcements to be made in all media related to the products subject to this Agreement (television, internet, radio, open air announcements, press, etc.), the Law on the Protection of the Consumer No. 4077, the Communiqué on Commercial Advertising and Notices and It will comply with the international advertising principles and the decisions of the Advertising Board. The CUSTOMER accepts and declares that he / she is responsible for all kinds of damage and loss that may occur due to violation of the provisions.

6.6 The CUSTOMER acknowledges and undertakes that Web Batı Bilişim cannot be held responsible for the accuracy of the information contained in the sent SMS text and the content of the statements, and that it is entirely responsible. In accordance with the decision of the Supreme Election Council and the provisions of this contract, it accepts and declares that messages for political propaganda purposes should not be sent via SMS and / or internet via mobile phone, and if such a transmission is detected, it is responsible for the penalties to be imposed for contradiction to the decision.

6.7 CUSTOMER; SMS text of in the statements TC laws and regulations, ethics, public interest, public security, the Republic of Turkey would not constitute a violation of the territorial integrity, such expressions have the right Web Western Bilişim'n the blocking and blocking, Web West because of these statements All kinds of legal disputes and / or claims to be subjected to Bilişim are the addressee itself, for this reason, Web Batı Bilişim knows that any compensation will be recourse to it, and without any need for any decision making, it is requested based on the first application made to it. It accepts, declares and undertakes that it will cover compensation, penalties, expenses and other costs.

6.8 CUSTOMER is deemed to have obtained the GSM numbers sent by SMS legally and by obtaining permission. In this regard, Web Batı Bilişim cannot be held responsible in any way. All legal responsibilities and liabilities belong to the CUSTOMER.

  1. OTHER TERMS AND CONDITIONS

7.1 The CUSTOMER will not act in any way that would damage the commercial reputation, reputation and prestige of Web Batı Bilişim and other customers, as well as all Web Batı Bilişim products, and in the event of such cases, the customer account and all connected products and services will be canceled without any questions accepts, undertakes and declares that no refund payment will be made, and that it will indemnify and provide all damages and losses suffered by Web Batı Bilişim and its customers arising from this situation.

7.2 The CUSTOMER accepts, undertakes and declares that he will indemnify all damages and losses suffered by Web Batı Bilişim against any claim arising from the use of the services of Web Batı Bilişim.

7.3 Whoever requests Web Batı Bilişim's refusal to provide services, negative (mobbing) behaviors displayed by the customer and behaviors that will adversely affect the working performance of Web Batı Bilişim officials and personnel, the amount corresponding to the remaining use of the Customer reserves the right to cancel the customer account with all products / services by making a refund. CUSTOMER accepts and declares this.

7.4 In the event that the CUSTOMER chooses to pay by bank transfer, Web Batı Bilişim makes the service activation as a result of the transfer from the bank account of Web Batı Bilişim specified during the order, the account opened on behalf of the person or institution specified in the CUSTOMER information. Informs. All expenses of the payments belong to the CUSTOMER.

7.5 All periodic products and services are suspended if payment has not been made as of the service end date at the latest. Products and services that are not paid within three (3) days following the pause period are permanently deleted from the system and no liability is accepted. CUSTOMER accepts and declares this.

  1. TECHNICAL SUPPORT

8.1 Web Batı Bilişim accepts and declares that it will provide "free support" in case of errors and problems caused by the product / service for a period of 6 months from the date of product / service purchase. Problems caused by subsequent interventions by the Customer on the relevant product / service are excluded from this scope. In such cases, the solution is solved by re-providing the standard version of the product provided by Web Batı Bilişim and installing it in the system. The customer is aware of this and accepts and declares.

8.2 In the field of "Web Software" service, the customer is obliged to provide and maintain all the necessary equipment for the smooth operation of the product / service purchased from Web Batı Bilişim. These fittings have been declared to the Customer at the basic level before and during the purchase. Some products / services may require some additional hardware and software features above the basic level. In such cases, the Customer agrees and declares that the additional features declared by Web Batı Bilişim will be provided.

8.2 The Customer agrees that all the products and services purchased will receive support services for all matters other than the "standard operation" in return for a fee, and that Web Batı Bilişim cannot provide support services in some cases, even if it is against a fee, depending on the workload in such cases. and declares.

8.3 The Customer agrees and declares that it will transmit all support requests through the "technical support system" on the Web Batı Bilişim.com website and that it will not receive any other support services.

8.4 All support requests created by the customer will be answered by Web Batı Bilişim within 24 hours depending on the workload.

  1. FORCE MAJEURE

9.1 Not under the control of the parties; Natural disasters, fire, explosions, civil wars, wars, riots, popular movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter referred to as "Force Majeure"). If the obligations become inaccurate by the parties, the parties are not responsible for this, and the rights and obligations of the Parties arising from this Agreement are suspended during this period. 

  1. INTEGRITY AND APPLICABILITY OF THE AGREEMENT

10.1 If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.

  1. CHANGES TO THE CONTRACT

11.1 Web Batı Bilişim.com may change the terms of this agreement in whole or in part at any time. The changes will be effective from the date they are published on the site. It is the user's responsibility to follow up and control the changes. The user is deemed to have accepted these changes by continuing to benefit from the services provided.

  1. NOTICE

12.1 All notifications to be sent to the parties regarding this Agreement will be made through the known e-mail address of Web Bati Bilişim.com and the e-mail address specified by the user in the membership form. The user accepts that the address he specified while becoming a member is the valid notification address, that he will notify the other party in writing within 5 days if it changes, otherwise the notifications made to this address will be deemed valid.

  1. EVIDENCE CONTRACT

13.1 In case of any disputes that may arise between the parties for transactions related to this contract, the parties' books, records and documents and computer records and fax records will be accepted as evidence in accordance with the Civil Procedure Law No. 6100, and the user agrees not to object to these records.

  1. CANCELLATION / REFUND / RIGHT OF WITHDRAWAL

14.1  Right of Cancellation / Return and Withdrawal of Software Products;
Consumer rights law, Distance Contracts Regulation, Article 15 (ğ) (See:  http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm ) "Services performed immediately in electronic environment or real estate delivered immediately to the consumer  contracts for goods. "As stated, the Customer cannot use the right of cancellation / return or withdrawal after purchasing the software product in question. In order to be able to cancel / return and withdraw, it is essential that there is an unrecoverable grievance on the software. or if the arrangements requiring expertise on the product cannot be made by people who are not experts in their fields, it cannot be shown as a problem and defect.The customer is obliged to examine whether the software is suitable for him before making a purchase and to request information if necessary.The customer accepts and undertakes this.

14.2  Changing Licenses in Software Products;
Software products are licensed to the domain name (domain address) declared by the customer at the time of purchase. After licensing, the domain name (domain address) cannot be changed again under any circumstances. The customer agrees and undertakes this in advance.

14.3  License Transfer / Transfer in Software Products;
The customer cannot transfer / transfer the software license he owns to another person or sell it to another person under any circumstances. The customer accepts and undertakes this in advance.

14.4  Leased Software Products;
No license information change, license transfer / transfer can be made for software products that are rented monthly or periodically for more than a month. The customer accepts and undertakes this.

14.5  The customer does not have the right to withdraw, cancel, change and request a refund, provided that there is no problem or grievance caused by our company regarding the products / services listed below.

  • All kinds of web server (physical server, virtual server) services.
  • Domain name registration services.
  • International sms delivery services.
  • Turkey sends SMS services. (SMS messages that are not delivered to the recipient are automatically returned as credit rights.)
  • Other local and international product / service licenses.

14.7  If the payments are made by credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used against his / her consent and illegally. In this case, the issuing institution returns the payment amount to the consumer within 10 days from the notification of the objection.

  1. RESOLUTION OF DISPUTES

15.1 Istanbul (Central) Courthouse Courts and Execution Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.


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