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NETSA DATA CENTER SERVICES

Service and Usage Agreement

Last Updated: January 18, 20221


Netsa Data Center Services Briefly referred to as "Netsa", "NetsaWeb" and "netsaweb.com" and "Our Company".
Customer and User definitions represent individuals or organizations that purchase products / services through Netsa and netsaweb.com websites.
All customers who create an account, shop and benefit by accessing users via the website www.netsaweb.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, 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 requested in this contract.

RESPONSIBILITIES
1.1 The web software sold on our site and all pages linked to it are the property of and operated by siberveri.com.tr. netsaweb.com always reserves the right to make changes to prices, products and services offered, and contracts.

1.2 Netsaweb.com accepts and undertakes that the member will benefit from the products subject to the contract, other than technical failures.

1.3 The Client agrees and undertakes that he will not reverse engineer or perform any other activities for the purpose of finding or obtaining the source code of NetsaWeb 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 he / she will pay the fee determined by netsaweb.com for the module, requests and arrangements in addition to the web software to be purchased. 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 request 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.)

INTELLECTUAL PROPERTY RIGHTS
2.1 The title, business name, trademark, patent, logo, design, and products on 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 the 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.

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

3.2 Confidential Information may only be disclosed in cases where such information is requested by official authorities and when disclosure to official authorities is required in accordance with the provisions of the mandatory legislation in force.

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, netsaweb.com cannot be held responsible for data loss, security breaches or damage to hardware and devices.

CONTENT HOUSING

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 NetsaWeb servers and broadcasting over the internet.

5.2 CUSTOMER is deemed to have accepted to abide by the terms and conditions specified herein by using this Service. Depending on the terms and conditions of this Agreement, NetsaWeb will provide maximum continuity and functionality by using all reasonable resources throughout the service period.

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, fires, floods and other human disasters),
Hardware malfunctions,
-Periodic Maintenance procedures or repairs undertaken by the data center from time to time,
- Causes beyond Netsa's control or unpredictable by netsaweb.com without being limited to interruptions or malfunctions in telecommunications or digital transmission lines, malicious network attacks, network density or other malfunctions.

5.4 The CUSTOMER acknowledges that Netsa does not have one hundred percent control over the continuity or uninterruptedness of the web hosting / server service provided and that they are not guaranteed.

5.5 Netsa 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; In electronic mail communications, webcasts and in all transactions related to this subscription, T.C. It accepts and undertakes that it is entirely responsible for the content of its web pages, ftp and other Internet services belonging to itself or its customers, not to act contrary to its laws, decree laws, statutes and regulations and general morals and manners.

5.7 CUSTOMER accepts and undertakes that it will not make web broadcasts and activities on the prohibited materials specified below. Otherwise, the service received will be canceled without any questions 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
Hacker 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
Hacker 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 articles above, 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 question and no refund, etc. Agree that it will not be done.

5.9 In the event that Netsa services are used and / or mediated to conduct behaviors against public morals and customs, your service may be restricted or terminated due to your conduct and broadcasts contrary to 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 the access permissions to the directories are set properly.

5.11 NetsaWeb services, including all related equipment, networks and network devices, are for permitted Customer use only. Netsa systems can be monitored for all legal reasons and these reasons include making sure 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 Netsa system (s) consents to 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. If Netsa wishes, it may request a document to prove that the access to the network or system belonging to the third party is within the scope of permission and may require such documents to be submitted.

5.13 Netsa 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 under the responsibility of the CUSTOMER. 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 CUSTOMER IS RESPONSIBLE TO TAKE THE MEASURES SPECIFIED BELOW

To prevent any loss or damage to the websites,
Providing, requesting, storing and protecting independent archives and backup copies of websites and databases,
To ensure the security, confidentiality and integrity of the websites and to ensure the confidentiality of account information.
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.

BULK / SINGLE SMS SERVICES
6.1 Bulk / Single SMS services; It includes the sms sending services offered to the CUSTOMER over Siberveri.com.tr or over the API access links it provides.

6.2 The CUSTOMER is responsible to the recipients in relation to the Bulk / Single SMS sent, and will keep Netsa free from any and all requests, claims, objections and complaints that may come from the relevant persons and institutions within this framework, Netsa has the right to recourse all damages to itself, and all direct and indirect income losses and material and moral damages that Netsa may suffer due to any claims, claims and receivables that may be brought against Netsa, at Netsa's first request, immediately in cash and accepts, declares and undertakes to indemnify 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 expenses and compensations that Netsa will have to pay to third parties and / or official authorities regarding its obligations under this contract, within 5 (five) business days following Netsa's first written request, without the need for any provision collection. He accepts and undertakes to pay.

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 Consumers No. 4077, the Communiqué on Commercial Advertisements 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 any loss or damage that may occur due to violation of the provisions.

6.6 The CUSTOMER accepts and undertakes that Netsa cannot be held responsible for the accuracy of the information contained in the text of the SMS sent and the content of the statements, and that it is entirely responsible. Supreme Election Council's decision

6.7 CUSTOMER; The expressions in the text of the SMS Law and the legislation, ethics, public interest, public security, the Republic of Turkey would not constitute a violation of the territorial integrity, such statements Netsa the blocking and that the right to block, any legal dispute will be exposed Netsa due to these statements and / or that the compensation claims are the addressee itself, that Netsa knows that any compensation will be recourse to it if any compensation is paid, and that it will cover the compensation, penalty, expense and other costs demanded based on the first application made to it, without the need to obtain any decision against it. undertakes.

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

OTHER TERMS AND CONDITIONS
7.1 The CUSTOMER shall not behave in any way that would damage the commercial reputation, reputation and prestige of Netsa and its customers, and in the event of such situations, the customer account and all connected products and services will be canceled without any questions / questions, no refund payment will be made, and It agrees, undertakes and declares that it will indemnify and compensate all damages and losses caused by Netsa and its customers.

7.2 The CUSTOMER agrees, undertakes and declares that Netsa will indemnify all damages and losses suffered by Netsa against any claim arising from the use of Netsa's services.

7.3 Whoever requests Netsa's refusal to provide services, negative (mobbing) behaviors displayed by the customer and behaviors that will adversely affect the working performance of NetsaWeb officials and personnel, by refunding the amounts corresponding to the remaining uses of the products / services of the Customer reserves the right to cancel the customer account with all its products / services.

7.4 In case the CUSTOMER chooses to pay by bank transfer, Netsa activates the service and informs the CUSTOMER as a result of the transfer from the account opened on behalf of the person or institution specified in the CUSTOMER information to the bank account of Netsa specified during the order. 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 is aware of this.

TECHNICAL SUPPORT
8.1 Netsa acknowledges and declares that it will provide "free support" against errors and problems arising from the product / service for a period of 6 months from the date of purchase of the product / service. 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 given by NetsaWeb 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 kinds of hardware required for the smooth operation of the product / service purchased from NetsaWeb. 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. The Client agrees and declares that in such cases, Netsa's additionally declared features will also be provided.

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

8.3 The Customer agrees and declares that he / she will forward all support requests through the "technical support system" on the netsaweb.com website, and that he / she will not receive any other support services.

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

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 inaccessible 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.

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 shall remain valid.

CHANGES TO THE CONTRACT
11.1 Netsa may change the terms of this agreement in whole or in part at any time for the products and services offered on the site. The changes will be effective from the date they are published on the site. It is the user's responsibility to track and control the changes. The user is deemed to have accepted these changes by continuing to benefit from the services provided.

NOTICE
12.1 All notifications to be sent to the parties regarding this Agreement will be made through the known e-mail address of netsaweb.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.

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

CANCELLATION / REFUND / RIGHT OF WITHDRAWAL
14.1 Right of Cancellation / Return and Withdrawal of Software Products;
The customer has the right to cancel / return and withdraw within 14 days from the date of purchase of the software product in question. The right of cancellation / refund / withdrawal cannot be used for 14 days after any problem or grievance that is not caused by the software itself. In cases where the 14-day period is exceeded, it is essential that there is an error, problem or grievance caused by the software itself in order to cancel / return and withdraw. Any feature / attribute that is not in the software cannot be shown as a problem or defect. Before making a purchase, the customer is obliged to thoroughly examine whether the software is suitable for him and to request information if necessary.

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. The customer can then change the domain name (domain address) of the license he owns at any time, free of charge, for once. It cannot change the license domain name (domain address) once it has changed. The customer accepts and undertakes this.

14.3 License Transfer / Transfer in Software Products;
The customer has the right to transfer / transfer his software license to any NetsaWeb customer of his choice. After the transfer / transfer process, the new customer who has transferred the license has the right to change the license domain name (domain address) for once.

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.
14.6 If 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 is used out of 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.

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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