Service and Usage Agreement

1. Parties

1.1. This contract shall be deemed to have been signed with the details specified in the New Customer Registration section by and between PASHA BILGI BILISIM TEKNOLOJI DANISMANLIK SANAYI VE TICARET LIMITED SIRKETI (referred to as NETSTABIL) providing the services specified in the Services section of this contract (referred to as Services) and the individual/entity specified with the details in the New Customer Registration section (referred to as Customer) for the use of the website (referred to as Site) operating at https://netstabil.com, owned by NETSTABIL, and the services to be purchased through this site, with the terms and conditions specified below.

1.2. The Parties declare, accept, and undertake the accuracy of the information provided in this contract.

2. Subject Matter

2.1. This contract will regulate the rights and obligations arising from the service relationship between the Parties based on the information provided by the customer during their registration, their preferences for the services they will receive according to their orders, and the fees to be paid to NETSTABIL in return for the services to be received, as well as the sections to which the customer has permission or not, based on the information they provided during their registration and the orders they placed on the Site. The descriptions of these services and procedures are as follows:

2.2. Membership information refers to the information entered by the customer during the registration process. Since this information will be used as a basis for the transactions, it is assumed that the customer and the member have entered this information without any errors or omissions.

2.3. NETSTABIL may require the sharing of contact information such as email, mobile phone, etc. during registration, purchase, or similar processes; may send notifications, newsletters, or request verification through methods such as verification codes, and may require these confirmation processes to be mandatory for the use of the services.

2.4. NETSTABIL may send notifications or newsletters related to the services using the contact information provided by the user during registration.

3. Responsibilities

3.1. Upon the customer's request, NETSTABIL will provide the services specified as orders. With the acceptance message, NETSTABIL will acknowledge that it has collected the relevant fee and will undertake to provide the service specified in the order.

3.2. The payment method and the total amount to be paid by the customer, including VAT differences, will be communicated by NETSTABIL based on the order, and the customer will be obliged to make the payments according to their monthly or yearly payment preferences.

3.3. After the acceptance of the order and the confirmation of the transactions, the service will commence. The responsibility for the relevant accounts and passwords belongs to the customer, and the customer will be responsible for any damages and losses that may arise from these issues.

3.4. The customer undertakes to comply with the statements and warnings provided by NETSTABIL within the scope of the services received. The customer declares, accepts, and undertakes to comply with any warning or notification issued by NETSTABIL while benefiting from the hosting service. The customer cannot distribute or sell the services provided to third parties, whether free or paid, limited or unlimited, within the scope of the hosting service.

3.5. All live support conversations, support requests, emails, phone calls, written and verbal communications between the customer and NETSTABIL are private and confidential. They cannot be shared without the permission and approval of NETSTABIL.

3.6. The customer agrees not to access files or programs to which they do not have access rights using the software and programs they have within the scope of the service, not to create any problems due to such access, and to cover any damages that may occur due to problems and issues.

3.7. The customer acknowledges and undertakes that any taxes, duties, and similar obligations that are in effect or will come into effect during the contract period for the use of domain names, hosting, or other services are their responsibility and that they will bear these costs.

3.8. The customer is solely responsible for all files, content, and programs hosted within the scope of the service, as well as all actions they will take regarding website and email services. The customer accepts and undertakes to bear all legal and criminal liability that may arise from the illegality of the data, information, and statements in question. NETSTABIL cannot be held responsible for any problems that may arise in this regard. NETSTABIL does not review, verify, endorse, or take any responsibility for pages sent before they are sent. NETSTABIL can terminate user accounts for violating these guidelines or for any other reason, whether or not they believe it is harmful to their own or users' business. NETSTABIL may delete the actions and transactions that violate the law and are learned from the moment they are learned without notifying the customer.

3.9. NETSTABIL is not responsible for any material or moral damages that may arise from the content of customer data within the services provided, as well as from the erroneous/malicious use of this content. The primary responsibility for backing up and storing all data lies with the customer. NETSTABIL regularly backs up customer data in web hosting, reseller hosting, and virtual server services, but this backup service is provided unilaterally by NETSTABIL without any additional charges, and the data in question is not guaranteed. In the event of interruptions or data loss in the services, the customer cannot hold NETSTABIL responsible for errors or losses.

3.10. NETSTABIL will handle domain name registration processes that have been ordered and paid for without problems. The owner of the domain name that has been registered and paid for with the order and accepted registration request is the customer. NETSTABIL can process requests for modifications, changes, and transfers on the domain name as requested by the customer. The customer will promptly handle requests for modifications, changes, and transfers on the domain name.

3.11. NETSTABIL's responsibility for the services provided is limited to the monthly fee of the service received. In web hosting, reseller hosting, and virtual server services, if the duration of the disruptions and problems exceeds the committed monthly duration, an additional period equal to the duration of the problem will be added to the customer's service for free. The compensation claim for any disruptions, problems, or damages that may occur in the customer's services cannot exceed the monthly fee of the service.

3.12. NETSTABIL will take the necessary care and importance to keep customer backups regularly. However, NETSTABIL cannot be held responsible for data losses that the customer may suffer due to problems that may occur in this regard, and the customer is responsible for regularly backing up their own data.

3.13. NETSTABIL specifies the usage terms for each product and service separately on the product and service-specific webpage. When users purchase services, they are considered to have accepted these terms.

3.14. NETSTABIL reserves the right to make changes to the products and services it offers over time without prior notice.

3.15. The customer is obligated to use the services they have received in a manner that does not harm other users. NETSTABIL may warn the customer to correct such usage or temporarily suspend the service without notice.

3.16. The customer acknowledges that if they use all the resources specified as unlimited in good faith and in accordance with the general usage conditions, they are considered unlimited. In cases such as excessive use of server resources or use of resources for purposes other than their intended use, NETSTABIL may warn the customer to correct such usage or temporarily suspend the service without notice.

3.17. NETSTABIL may terminate the service without making any conditions, regardless of the content and scope of the product or service used. In such a case, the user will be refunded the remaining balance of the service. If the customer does not accept the refund process or does not respond to relevant notifications, the balance will be credited to the relevant balance account.

3.18. NETSTABIL reserves the right to stop or completely cancel domain names, hosting, or other services that have expired. After the cancellation of expired or unpaid services, there is no obligation to keep any data records.

3.19. NETSTABIL complies with the terms and conditions of ICANN and domain name registrars (REGISTRARS), which are in the position of the domain name coordinator, one-to-one in domain name registration services. All responsibilities and processes in this regard are subject to the terms and conditions of REGISTRAR companies. The registration processes of domain names are managed by software systems, and these software systems work on behalf of NETSTABIL and registrar companies. Due to possible malfunctions or access problems that may occur during this process, the customer is responsible for controlling the entire process.

3.20. Registration, transfer, renewal, WHOIS, domain name servers (NS) updates, status changes, etc., domain processes follow the rules and agreements that depend on the registration operator (REGISTRAR) with which NETSTABIL works. These rules may change over time. By purchasing the services, the user is considered to have accepted all possible changes to this contract and the rules.

3.21. In domain name disputes, NETSTABIL carries out the process in accordance with the rules of the registration operator (REGISTRAR). For domain names like .com, .net, .org, the UDRP process may be applied in case of disputes. The user accepts that these articles and processes can be applied to domain names on NETSTABIL.

3.22. In resolving domain name disputes, NETSTABIL may direct the user to legal authorities or the Domain Name Dispute Resolution Mechanism (UDRP), or may temporarily suspend access to the domain name through the panel as deemed necessary. The user can enable or disable WHOIS protection, disable or enable the domain transfer lock, extend the domain's expiration date, or update the domain's NS information.

3.23. The WHOIS privacy service is preferred by users who want to protect their personal data or avoid being listed on harmful spam lists. This service does not make the user inaccessible by legal authorities, and NETSTABIL does not allow this service to be used for illegal purposes. Privacy is not guaranteed 100% in the WHOIS privacy service. NETSTABIL may enable or disable the WHOIS service independently of user requests.

3.24. In domain name registration services, NETSTABIL reserves the right to change the verification conditions and prices without notice. This regulation will take effect after the service renewal process of annual payment domain names, and current prices and conditions are clearly stated during the service renewal. If the customer does not want to renew or wants to renew through a different company, they have the right to do so under the rules set by registrar companies and ICANN.

3.25. NETSTABIL provides domain name services, such as registration, renewal, or modification, through 3rd party software or manual processes. In case of errors that may arise from such processes, the customer is obliged to inform NETSTABIL about these errors if they notice them or if they receive a warning from the registrar company. Otherwise, NETSTABIL is not responsible for any disruptions, losses, or damages that may occur.

3.26. NETSTABIL shares customer information with the registration operator (REGISTRAR) due to the mandatory nature of the registration process for domain names. In domain name registration services, responsibility for changing and verifying WHOIS information, domain name registration password, and transfer lock belongs to the customer. In accordance with ICANN rules, unverified WHOIS information may lead to the suspension of the domain name by NETSTABIL or domain operators. NETSTABIL may request documents to verify WHOIS information.

3.27. Registration, transfer, renewal, WHOIS, domain name server (NS) update, status change, etc., domain processes follow the rules and agreements of the registration operator (REGISTRAR) to which NETSTABIL is connected. These rules may change over time. The user is considered to have accepted all possible changes to this contract and the rules when they purchase the services.

3.28. Domain name services are not sold as products but as services that grant the right to use for the duration of the payment. Therefore, if the payment for the domain name is not made within the expiration dates, this right may pass to another person.

4. Duration

4.1. This contract shall commence upon the transmission of order and payment transactions to NETSTABIL through the internet.

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

5. Fee

5.1. The fee to be paid in return for the services specified in this contract is as stated during the order process. The specified fees are calculated by adding VAT subsequently and are shown to the customer before collection.

5.2. NETSTABIL reserves the right to make changes to prices and tariffs without prior notice. The customer acknowledges and undertakes to accept, declare, and commit to any possible changes to this contract and the rules.

5.3. The fee is converted to Turkish Lira based on the effective exchange rate on the order date.

5.4. The customer is obliged to make the payment by the 5th business day at the latest after the definite order date. If there is an instruction for payment by credit card during the order process, the payment will be made from the credit card account. If there is no instruction for payment by credit card, the customer is obliged to make the payment to the bank account numbers specified in the contact address of the customer.

5.5. In case of late payment, NETSTABIL reserves the right to issue an interest rate invoice.

5.6. NETSTABIL reserves the right to suspend the relevant service until the customer completes the payment.

5.7. The customer is obliged to inform NETSTABIL of the payments for the services received by NETSTABIL without any distinction in payment method. The notification must clearly state the order number, the name of the product or service for which the payment was made, and the payment method.

6. Suspension

6.1. In case of payment problems, provision problems with credit card payments for customers with credit card payment instructions, or clauses and obligations, NETSTABIL reserves the right to suspend all services provided to the customer, including e-mail, web, and FTP accounts.

6.2. During this period, access to e-mail, web, and FTP accounts cannot be made on behalf of the customer, and e-mails are not accepted by blocking e-mail accounts.

7. Termination

7.1. In case the customer violates any clause of this contract, fails to fulfill their responsibilities and commitments, or in case the information declared on the front of this contract is found to be incorrect, NETSTABIL has the right to unilaterally terminate the contract without the need for any notice and warning, provided that the suspension period specified in clause 6 continues for more than 7 days.

7.2. After such termination, the customer declares, accepts, and undertakes that they cannot request a refund of the last contract fee they paid, regardless of the remaining period, and that they will pay 5 times the commercial penalty equivalent to the contract fee in effect at the termination date.

7.3. If the customer terminates the contract before the end of the contract period, the customer declares, accepts, and undertakes to pay half of the fees to be paid until the end of the contract period in a lump sum and in advance.

8. Contact and Information Addresses

8.1. For all kinds of notifications arising from this contract, the parties have accepted the addresses specified in the order address as legal notification addresses.

8.2. Any kind of notification made to these addresses will be deemed to have been delivered, even if it does not reach the parties. Unless otherwise notified in writing to the other party, old addresses will be valid.

8.3. NETSTABIL may send messages, information, letters, warnings, payment notifications, account transaction records, and account statements to the electronic mail address allocated to the customer during the contract period. The customer declares, accepts, and undertakes that they will not claim that these electronic mails were not received or did not reach them legally.

9. Default in Payment

9.1. If the customer does not make the payment within 7 days following the application date for any kind of receivable arising from this contract, the customer is considered to be in default. In this case, NETSTABIL may issue a foreign exchange invoice and may also request a monthly default interest of 7% starting from the invoice date. The customer declares, accepts, and undertakes to pay this default interest and foreign exchange invoice.

9.2. If NETSTABIL initiates legal or execution proceedings for any kind of receivable arising from this contract, the customer declares, accepts, and undertakes to pay a monthly default interest of 7%, a penal clause equal to 50% of the outstanding debt amount, 10% attorney's fee, and all other legal expenses.

9.3. If the customer applies to legal authorities for precautionary attachment and precautionary measure for the collection of receivables arising from this contract, NETSTABIL is authorized to issue a precautionary attachment and precautionary measure decision without any collateral. However, if the Courts request collateral, the customer declares, accepts, and undertakes to pay all commission and fees for collateral letters to be obtained from Banks and will not object to these matters.

10. Competent Court and Enforcement Offices

10.1. This contract consists of 10 articles and subheadings, and it has been read and agreed upon by the parties. (It is considered to have been agreed upon when it is signed and sent to NETSTABIL via the internet.) NETSTABIL may add, remove, or change new articles and/or subheadings as deemed necessary. The customer acknowledges and undertakes to accept, declare, and commit to these changes in advance.

10.2. In the resolution of any disputes arising from the implementation of this contract, Istanbul Courts and Enforcement Offices are authorized.

Privacy Policy [rev. 09/05/2023]

Please read this Privacy Policy before performing any transactions on NETSTABIL.com. If you do not accept this Privacy Policy, please do not conduct any transactions on NETSTABIL.com. This Privacy Policy is valid for NETSTABIL and does not have binding effect for other websites mentioned on NETSTABIL. By accepting this Privacy Policy, you agree to the terms of NETSTABIL.

Personal Information

In order to introduce our products to you, inform you about our new products, services, or promotions, make sales of new products or provide support after product sales, NETSTABIL may need your personalized, personal information such as your name, address, email address, and phone number on the NETSTABIL website. In cases where your existing information is insufficient, additional information may be requested from you via communication tools such as email, phone, or fax. All information collected within this scope is considered personal information on the NETSTABIL website.

Automatically Collected Non-Personal Information

NETSTABIL may use technologies that allow us to collect specific technical information such as your Internet Protocol address, your computer's operating system, your browser type, traffic patterns, or addresses of related websites during your visit to the site. To obtain more detailed information about our visitors, our site may send information files referred to as cookies to your computer. These files are widely used files that contain technical information about your system.

Data Sharing

NETSTABIL may share non-personal data (such as the operating system used by

visitors, gender of visitors, etc.) with third parties to provide information. Personal information, which is considered personal data, is not shared with third parties unless legally requested.

Depending on the service received (SSL, domain, license, etc.), NETSTABIL may share user information with third parties for registration or provisioning purposes. The purpose of sharing here is to share the mandatory information required for the transaction with the relevant party (institution/company). In domain registration, NETSTABIL may transmit WHOIS information to institutions or companies that ICANN requires NETSTABIL to transmit. In domain registration, account and WHOIS information that are mandatorily transmitted to the Domain Operator may be recorded and processed by the Domain Operator for their own procedures.

Security

NETSTABIL takes necessary technological precautions for the absolute security of data. However, no technological system is 100% secure. We want you to know that NETSTABIL strives to take the necessary precautions to prevent or minimize the risks such as misuse or unauthorized access to personal information.

Particularly during online transactions, credit card information used is received in encrypted form with 128-bit encryption technology and is transmitted to banks and/or intermediary payment institutions.

Accuracy of Collected Data

NETSABIL may change, replace, or delete incomplete or incorrect information entered by the visitor or obtained from the visitor with correct information obtained through new information from the visitor or cross-query method.

Changes

NETSTABIL may change, modify, or remove this Privacy Policy, the site, or access to these pages at any time without any notification.

Cancellation and Refund Conditions [rev. 09/05/2023]

NETSTABIL customers can cancel the services they have purchased within 15 days of the purchase date without providing any justification and can request a refund.

Unconditional refund conditions are only valid for newly purchased hosting (web hosting, reseller hosting) packages. If services that have been purchased for more than 15 days are canceled, NETSTABIL may, at its discretion, add the remaining period of the service as credit to the customer's account upon the customer's request. However, the refund of this balance is not possible. Licenses, domains, SSL certificates, virtual servers, and renewal payments are excluded from the refund scope.

If the customer wishes to request a refund, they must notify NETSTABIL customer services through email and/or support request.

NETSTABIL may process the refund as a transfer, EFT, cash, or a partial refund of the credit card transaction. In refund transactions, the refund will be made to the source determined by NETSTABIL after deducting the necessary expenses for the refund process.