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Service and Usage Agreement | Sunucun

1 - Parties

1.1: This agreement is entered into between Sunucun Information Communication Technologies and Trade Ltd. Co. (hereinafter referred to as "Sunucun"), which provides the services specified in the services section (hereinafter referred to as "Services"),and the individual/institution specified in the new customer registration section with the details provided therein (hereinafter referred to as "the Client"),regarding the use of the website operating at the internet address http://www.sunucun.com.tr owned by Sunucun (hereinafter referred to as "the Site") and for the services to be purchased through this site, under the terms and conditions specified below along with the general terms of service use.


1.2: The parties declare, accept, and undertake the accuracy of the written information in this agreement.



2 - Subject

2.1: This agreement regulates the sections which the Client is and is not permitted to perform on the site during transactions, orders, messages sent, and information declared during the registration process, along with the fees payable to Sunucun for the services chosen according to the Client's preferences and the usage of these services. The descriptions of these services and transactions are as follows.


2.2: Membership information consists of the details declared by the Client at the time of registration. These details are assumed to be accurately, completely, and correctly entered by the Client/member as they will be the basis for transactions.



3 - Responsibilities and Client Obligations

3.1: Sunucun shall provide the services requested by the Client as orders. Upon the acceptance message of the order, Sunucun undertakes to provide the specified service in the order after acknowledging receipt of the relevant fee.


3.2: The mode of payment and VAT differences will be indicated with the total amount to be issued during the order and the fees payable by the Client according to monthly, 3-monthly, 6-monthly, and annual payment preferences will be notified by Sunucun.


3.3: After the acceptance of the order and confirmation of the transactions, Sunucun will transmit all usernames and passwords related to the service found in the Client order detail to the Client, and the service will commence. The responsibility for the access information related to the services lies with the Client after being transmitted, and the Client will be responsible for any loss or damage arising from these matters.


3.4: The Client undertakes to comply with the declarations and warnings received from Sunucun regarding the services purchased. The Client declares, accepts, and undertakes to adhere to all kinds of notices and announcements published by Sunucun. The Client cannot distribute, sell, whether for a fee or free of charge, and/or without limitation, the services provided free of charge and without limitation. In addition to this agreement, "general service terms" and "backup agreement" are fundamental to the use of services.


3.5: The Client undertakes not to access files or programs for which they do not have access rights using the software and programs they possess within the service, not to cause any problems due to such issues, and to compensate for any issues and problems that may arise.


3.6: The Client declares, accepts, and undertakes that they are responsible for and will cover all taxes, duties, and similar liabilities existing or to be enacted during the term of the agreement while using the services purchased.


3.7: The Client is responsible for all files, documents, and programs hosted within the service, and all transactions used and benefited from through the website and email services, accepting and undertaking all legal and criminal liabilities arising from the illegality of said data, information, and declarations. Sunucun cannot be faulted for any issues arising in this regard. Sunucun does not review, verify, endorse, or assume any responsibility for pages made by the user before sending. Sunucun may terminate user accounts for violating these guidelines or for any other reason or if Sunucun believes it is harmful to its or its users' business. Sunucun has the right to delete without notifying the client upon learning of acts and actions that are illegal.


3.8: Sunucun cannot be held responsible for any material or moral damages arising from the content of customer data within the service, misuse of this content, or from sent and received email data. All responsibilities for backing up and storing data lie with the Client. Sunucun cannot be held responsible for errors that may occur due to interruptions or data loss in services.


3.9: Sunucun will show the necessary care and importance for keeping regular backups of the Client's data, but cannot be held responsible for data losses that may occur due to problems in this area. The Client is obligated to regularly save their own data.


3.10: Sunucun specifies the special usage conditions for the products and services it provides on the web page prepared specifically for the product and service. The Client is considered to have accepted the conditions specific to the service when purchasing any of these services.


3.11: Sunucun may change the features and prices of the products and services it provides over time.


3.12: The Client is obligated to use the services they have purchased in a way that does not harm other users. Sunucun can warn the Client to correct such uses or suspend the service temporarily without notice.


3.13: The Client continues their service by accepting that all resources stated as Unlimited in the services they use are unlimited if used in accordance with good faith and general terms of use. Sunucun may warn the Client to correct situations such as excessive use of resources or use of resources for purposes other than intended, or suspend the service temporarily without notice. These off-purpose uses are specified in the "general service terms".


3.14: Sunucun will carry out the domain name registration processes ordered by the Client and paid for without problems. The client owns the domain name registered and accepted with the order request and paid fee. Sunucun can process the domain name according to the Client's requests. The Client will make any editing, changing, and transferring requests on the domain name through the control panel as soon as possible.


3.15: Domain name registration, renewal, or editing operations are carried out via third-party software or manual processes. In case of errors originating from these types of operations, the Client is obligated to share these notifications with Sunucun if the error is noticed by the user or if they are warned by the main registrar company. Otherwise, Sunucun is not responsible for any mishap, damage, or losses that may occur.


3.16: The responsibility for changing and ensuring the accuracy of whois information, domain registration password responsibility, and transfer lock responsibility belongs to the Client.


3.17: Sunucun reserves the right to change the terms and prices of domain name registration and transfer services without notification. These regulations can affect the renewal prices of already registered domain names. If the Client does not wish to renew or wishes to renew through a different company, they have the right to proceed within the rules set by ICANN and TRABIS.


3.18: Sunucun suspends domain names of Clients who do not perform renewal processes on time as of the expiration date. This suspension period varies according to the time set by the domain's producer. During this period, the Client who purchased the domain name can 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 will fall into REDEMPTION PERIOD. In this process, the former Client who wishes to reacquire the domain name can take it back by paying a penalty fee of approximately 95 + 20% VAT in US Dollars, depending on the value of the domain extension. After the Redemption period, if the domain names are not taken back, the process passes to the discretion of the main registrar company, and it is not possible to retrieve the domain name through Sunucun thereafter.


3.19: Domain name services are not a sold product but a service for which usage rights are obtained for the period the fee is paid. Therefore, if the fee is not paid within the expiration dates of the domain name, this right may pass to another person.


3.20: The Client accepts, declares, and undertakes that the services provided to them on the allocated server will be disabled by Sunucun without the need for a warning in cases of mass email sending (spamming), phishing for fraud, attacks on internal or external networks, or other illegal actions or situations adversely affecting Sunucun's database, and that the fees paid up to that date will not be refunded in any way and that they may be subject to a penalty fee equal to the minimum contract price. The Client, within this responsibility, is obligated to comply with the laws of the Turkish Republic, the regulatory procedures of the Information Technologies and Communication Authority (BTK), and the rules set and to be set by Sunucun.



4 - Term

4.1: This agreement and the rights and obligations of the parties begin with the transmission of the order and payment transactions to Sunucun via the Internet.


4.2: The duration of the agreement is equal to the payment period selected by the Client at the time of ordering the relevant service.


4.3: If the parties do not notify each other at least 10 business days before the end of the agreement that the agreement will expire at the end of the term, the agreement extends for the same conditions and terms as the previous agreement term. (Changes in fees are reserved.)



5 - Fee

5.1: The fee to be paid for the services specified in this agreement is as stated during the order process. The stated fees do not include VAT.


5.2: Sunucun reserves the right to change prices and tariffs going forward without prior notice. The Client hereby accepts, declares, and undertakes the changes that may occur in this regard in advance. The factors causing the change are inflation and exchange rates.


5.3: Sunucun does not apply interest in case of late payment but reserves the right to apply.


5.4: Sunucun reserves the right to shut down or open the related service until the Client completes the payment process.


5.5: As stated during the order, refunds are not made for domain name registration operations.



6 - Suspension

6.1: In case of a problem with payment, Sunucun reserves the right to stop all services provided to the Client.


6.2: Mass mailing through servers is strictly prohibited. Advertising mail sending identified as SPAM will be stopped immediately, and the service will be temporarily suspended.


6.3: The security of all software on the server belongs to our Clients. Our company is not responsible in any way for any issue that may arise from permissions such as read and write permissions or related to your software.


6.4: All other terms of use are detailed in the "general service terms" agreement.



7 - Termination

If the Client violates any article of this agreement, fails to fulfill their responsibilities and commitments, or if it is determined that the information declared at the time of registration is incorrect, if the suspension mentioned above continues for more than 7 days, Sunucun has the right to terminate the agreement unilaterally without any warning or notification.


Following such termination, the Client cannot request a refund of the last contract fee paid regardless of the remaining period, and declares, accepts, and undertakes to pay a commercial penal compensation five times the contract price in effect at the date of termination.

The Client has the right to terminate this agreement at the end of its term without showing any reason, by notifying in writing 10 days before the normal end of the contract or by sending a service cancellation request from the customer control panel.

In case of termination by the Client before the end of the contract term, they declare, accept, and undertake to pay half of the fees due until the end of the contract immediately and in cash.



8 - Communication and Address Information

8.1: For all notifications arising from the subject of the agreement, the parties accept, declare, and undertake the postal addresses specified in the order address as their legal residence. Unless changes to these addresses are notified to us in writing, the old addresses will remain valid.


8.2: During the contract period, Sunucun can send messages, information, letters, warnings, payment notifications, account movement charts, account statements to the e-mail address declared by the Client at the time of registration. The Client cannot claim that these electronic messages were not received or did not reach them, and declares, accepts, and undertakes that these messages will be legally considered as notified one day after their sending date.



9 - Default in Payment

9.1: The Client is considered to be in default if the payment for the services is not made within 7 days following the application date. In this case, Sunucun does not apply interest but may request a monthly late payment interest of 15% from the invoice date if desired. The Client declares and accepts to pay this late payment interest.


9.2: The Client declares, accepts, and undertakes to pay a monthly late payment interest of 15%, a penal clause amounting to 50% of the remaining debt, 10% attorney's fees, and all other legal expenses in case Sunucun initiates legal or enforcement proceedings for any kind of receivable arising from this agreement.


9.3: The Client declares, accepts, and undertakes that Sunucun is authorized to obtain a precautionary lien and precautionary measure without a guarantee if it applies to legal authorities for the collection of receivables arising from this agreement, but if the courts require a guarantee, all commissions and all kinds of fees arising from bank guarantee letters will be paid by them and they will not object to these matters.


9.4: If the Client does not make the payment within 5 (five) days despite the warnings, Sunucun reserves the right to suspend the service. Sunucun cannot be held responsible for services that have not been paid for, canceled, and deleted.


9.5: Additionally, in physical and virtual server rental services; if the renewal fees related to the service are not paid and/or collections are not made within 2 (two) calendar days following the service end date, the relevant services are paused. If the renewal fees related to the service are not paid and/or collections are not made within 10 (ten) days following the service end date, all data related to the relevant service will be deleted for security reasons, and the service will be automatically closed, canceled. Sunucun cannot be held responsible for data loss in canceled services.



10 - Prohibited Activities

It is strictly forbidden to carry out the following activities using the SERVICE PROVIDER's services. Although the SERVICE PROVIDER has no responsibility to monitor the content, it reserves the right to stop, limit, or completely terminate the services of users who are found to be engaging in these activities.

10.1: Prohibited activities include, but are not limited to, all kinds of actions and behaviors considered crimes by law, as listed below.

  • Spam sending Spam is the sending of mass and/or commercial messages via the internet without the recipient's request. Spam sending damages the SERVICE PROVIDER's commercial reputation and reliability and may cause its systems to be overloaded and the quality of the services provided to customers to decrease. Those who receive the relevant services from the SERVICE PROVIDER cannot send Spam, nor can they operate their systems in an unprotected manner that facilitates Spam sending and open to use by third parties/institutions.
  • Crimes Related to Intellectual and Artistic Works, Private Life, and Personal Rights Behaviors that could commit against the intellectual and industrial rights of individuals or institutions and constitute a crime under the “Intellectual and Artistic Works Law”, “Brands Law”, “Turkish Commercial Law”, “Law on the Protection of Patent Rights”, and other relevant legislation, as well as crimes against the privacy of private life and personal rights, are included in this scope.
  • Phishing Attacks Phishing is deceiving users through fake internet pages and email to obtain various private information, from identity information to credit card details, bank account numbers, and internet passwords related to these accounts.
  • Illegal or Unauthorized Access to Other Computers and Networks Attempting unauthorized or illegal access to others' computers, user accounts, or networks (hacking) and other activities (port scan, stealth scan, etc.) that facilitate illegal or unauthorized access to systems.
  • Activities Related to the Distribution of Viruses, Worms, Trojan Horses, etc. Sending internet viruses, Trojan horses, or causing disruptions to other users of the SERVICE PROVIDER's network or to other networks, systems, services, or devices connected to it, such as pinging, flooding, mail bombing, and other activities.
  • Excessive Resource Use on Shared Servers Under the hosting services, the SERVICE PROVIDER provides services from shared hardware platforms. In this context, situations where a website in service generates excessive traffic or excessive resource use, intense email sending and/or receiving from email addresses used within the email hosting service, excessive processor use or excessive traffic generation by a virtual server used within the shared hosting service may negatively affect the services of other customers using the same hardware platform. To prevent the services of other customers from being negatively affected, the SERVICE PROVIDER reserves the right to temporarily or permanently stop the service without prior notice. 11- Validity of the Agreement and Termination for Non-compliance 11.1: Changes that will occur over time in this agreement approved by the Client during the online application will be published on the website and/or notified to the Client via email. The Client, by continuing to use Sunucun's services, is considered to have accepted the changed contract terms.


11.2: The Client can terminate the agreement by notifying at any time until the renewal date specified on the site or by sending a cancellation request through the customer control panel.

11.3: The agreement can be terminated unilaterally by Sunucun without the need for notification for the following reasons.

  • If the Client transfers all or part of the services they are receiving or the rights granted to them by this agreement without the written consent of Sunucun
  • If a bankruptcy decision is made against the Client or they suspend their payments
  • If the Client falls into default in paying the price of the services provided by Sunucun as anticipated in article 9.1.
  • If the Client violates the conditions stated in this agreement or the “general service terms”, Sunucun can terminate the services provided to the Client without prior notice and/or terminate the agreement. In this case, the fees previously paid by the Client will not be refunded. 12- Dispute Resolution and Competent Court 12.1: This agreement, together with 11 main articles and subheadings, has been read and signed by the parties. (Signing; is considered to have been made with the sending of the order from the site to Sunucun). Sunucun may add new articles and/or subheadings, remove or change articles if deemed necessary. Sunucun notifies these changes to its customers by email, and the customer hereby declares and undertakes to accept these changes in advance.

12.2: Istanbul Courts and Execution Offices are authorized for the resolution of all disputes arising from the implementation of this agreement.