Service and usage agreement - Sisyatek™ - System Software Technologies

The subject of this agreement consists of the obligations and rights of the parties regarding the services offered on the SITES and USER PANEL .
ARTICLE 1. PARTIES
includes domain name, shared website hosting (shared website hosting) services offered on www.sisyatek.com (hereinafter referred to as SITE ) and https://www.sisyatek.com/tr/hesabim (hereinafter referred to as USER PANEL ). web hosting), server rental, Content Distribution Network (CDN), SSL Security Certificate and e-mail services separately or together with the CUSTOMER and the SITE operator (sisyatek™ ) - System Software Technologies - Rabia AKSOY. (hereinafter referred to as SISYATEK) was accepted electronically.
ARTICLE 2. SUBJECT AND PURPOSE
The subject of this agreement consists of the obligations and rights of the parties regarding the services offered on the SITES and USER PANEL .
ARTICLE 3. SERVICES AND RESPONSIBILITIES
ARTICLE 3.1. DOMAIN NAME SERVICES
3.1.1. Domain name registration is provided by internationally accredited organizations on a first-come, first-served basis, except for "com.tr", and SISYATEK only mediates the registration process. Due to central database updates, registration orders may be placed for the same domain name at the same time by different intermediary institutions. In this case, the registration process is carried out according to the request of the first orderer, and if this situation occurs, SISYATEK will refund the domain name fee. CUSTOMER accepts that SISYATEK is an intermediary organization according to this provision and that SISYATEK is not responsible for such situations that may occur due to updates .
3.1.2. CUSTOMER acknowledges that SISYATEK is not responsible for the settlement provisions and administrative management of the domain names for which it requests registration , and that it is aware of the legal and administrative management governing the domain names whose details are arranged on www.icann.org before the registration request, and that the responsibility for changing and implementing these provisions lies with SISYATEK . He accepts and declares that he knows that it is not.
ARTICLE 3.2. SHARED WEBSITE HOSTING SERVICES
3.2.1. CUSTOMER is solely responsible for all content hosted on SISYATEK systems . It is not allowed to host the following content in SISYATEK systems;
Contents that are defined as crimes in the laws of the Republic of Turkey and for which access blocking will be decided in Article 8 of Law No. 5651. (crimes such as inciting suicide, sexual abuse of children, supplying substances dangerous to health that facilitate the use of drugs or stimulants, obscenity, prostitution, providing a place and opportunity for gambling, and the crimes included in the law no. 5816 dated 25.07.1951 on crimes committed against Atatürk.)
Software that may endanger SISYATEK systems and content that violates the rights of third parties.
Software that allows spamming and phishing.
If these contents are detected , SISYATEK may cancel and completely stop or suspend the service it provides to the CUSTOMER. CUSTOMER accepts and declares that it will not contain the contents written in this article in SISYATEK systems, otherwise it is the sole responsibility of itself and that it is aware that it cannot request a refund or compensation from SISYATEK under any name due to the canceled service.
3.2.2. SISYATEK backs up the data in its systems, except for e-mail systems, at regular intervals to meet system requirements. This provision cannot be interpreted as meaning that SISYATEK backs up all kinds of content on a daily basis on behalf of the CUSTOMER . Unless otherwise agreed between the CUSTOMER and SISYATEK , the CUSTOMER is solely responsible for backing up the content it contains. SISYATEK may use the backups it keeps for system requirements for reconfiguration in case the CUSTOMER encounters a problem. This provision is limited only to the shared web hosting service and the periodic image disk purchased by SISYATEK and is not interpreted as a commitment.
3.2.3. CUSTOMER is obliged to comply with the " Content Provider " and " Location Provider " responsibilities defined in Law No. 5651 and to provide access information on its site for access by third parties.
3.2.4. CUSTOMER undertakes to know that it can only use the unlimited disk space provided for the service it receives, and that it cannot use the unlimited disk space allocated for the website for services such as data storage, streaming, CDN.
ARTICLE 3.3 SERVER RENTAL SERVICES
SISYATEK will make one or more servers rented by the CUSTOMER from SISYATEK available to the CUSTOMER through SISYATEK 's existing internet connections . In case of physical malfunctions that may occur in the physical servers rented from SISYATEK , upon the notification of the CUSTOMER , SISYATEK is obliged to fix the physical malfunction within 1 (one) business day or replace the rented server with an equivalent one. In case of physical malfunctions that may occur in the virtual servers rented from SISYATEK , SISYATEK is obliged to transfer the virtual server to another physical server. However, in any case, SISYATEK cannot be held responsible for any data/information losses that may occur in the event of a physical or software malfunction that may occur in the server(s), the CUSTOMER's possible commercial income during the malfunction, and any similar material or moral damages .
The CUSTOMER is responsible for the operating system installations that will run on the servers rented by the CUSTOMER, the installation and adjustment of other software, all software-related operations and all software-related problems that may occur, and the license costs of the software . In case of information/data loss that may occur due to software and/or hardware-related malfunctions that may occur on these servers, backup and storage obligations belong entirely to the CUSTOMER . SISYATEK cannot be held responsible for any material or moral damage despite this information/data loss .
In case of a physical change request on the servers rented by the CUSTOMER , SISYATEK will price the changes separately and intervene with the CUSTOMER's acceptance.
SISYATEK may stop or suspend the service provided and prevent access to rental servers due to the CUSTOMER's failure to fulfill its payment obligations.
CUSTOMER undertakes to use the information, data, e-mail, web pages and all other electronic information that it will keep on the rented server system and publish from the server for the purposes of this agreement and legal activities, without violating public order, in accordance with the laws, customs and traditions of the Republic of Turkey and general moral rules. accepts and undertakes to undertake all financial and legal liabilities regarding copyrights. The CUSTOMER is responsible for any legal action that may arise regarding this issue , and the fees and other compensations to be paid will be undertaken only by the CUSTOMER . CUSTOMER agrees to exclude SISYATEK from these relations and issues in any case . Despite this, if administrative, legal or criminal proceedings are initiated against SISYATEK for any reason, the CUSTOMER is obliged to compensate all damages that SISYATEK may suffer.
the CUSTOMER , unlicensed software cannot be used or made available, pirated software that violates copyrights and other intellectual property laws cannot be distributed, and advertising e-mails (SPAM) cannot be sent without the approval of third parties. CUSTOMER will be responsible for all disputes that may arise between the license holder and CUSTOMER . Despite this, if administrative, legal or criminal proceedings are initiated against SISYATEK for any reason, the CUSTOMER is obliged to compensate all damages that SISYATEK may suffer.
CUSTOMER is obliged to take the necessary precautions and security against attacks and information theft over the internet on the server rented by SISYATEK . If the CUSTOMER does not take the necessary precautions and precautions, does not show due care, or causes partial or total damage to the rented server and other servers within SISYATEK as a result of the inadequacy of the measures taken, the CUSTOMER is solely responsible for this. SISYATEK reserves the right to restrict the service it provides for these reasons, to stop it completely and to terminate the contract if the necessary solution cannot be provided.
CUSTOMER undertakes to fully fulfill the duties imposed on hosting providers in accordance with Law No. 5651 on the servers it rents, and in case of a legal request for information, to report this information completely and accurately to the legal authorities or SISYATEK within 2 (two) business days at the latest , otherwise SISYATEK ' undertakes to cover the damages and expenses incurred by. In case of official request, SISYATEK will deliver the servers or transmit the information in its systems to the competent authorities, limited to the requested information. This issue cannot be described as a violation of personal information and disclosure of trade secrets. SISYATEK cannot be held responsible for any damages or losses arising from the servers delivered to the competent authorities .
CUSTOMER cannot transfer or make available the services and opportunities provided to it in accordance with this agreement to third parties without the approval of SISYATEK .
the CUSTOMER provides " hosting provider " services to third parties on the rented servers , it is obliged to transmit the customer information requested by the Telecommunications Department to SISYATEK on a monthly basis . This information will be protected and maintained confidentially by SISYATEK .
CUSTOMER is obliged to declare in contracts with third parties that it is entirely responsible for the services provided through SISYATEK systems and that SISYATEK has no liability towards the CUSTOMER or third parties receiving services from the CUSTOMER .
ARTICLE 3.4. CONTENT DELIVERY NETWORK (CDN) SERVICES
3.4.1. CUSTOMER is obliged to make system settings in accordance with the services and requirements specified on www.sisyatek.com, unless otherwise stated.
3.4.2. Hosting services for static files subject to Content Distribution Services belong to the CUSTOMER , unless otherwise agreed. SISYATEK cannot be held responsible for any malfunctions that may occur in the CUSTOMER 's servers and systems, data loss and system errors, loss of performance of the CDN service provided by SISYATEK due to poor website performance , disruption of the service or failure to fulfill it .
3.4.3. While performing CDN services, SISYATEK temporarily copies the static files subject to the contract during the caching process due to technical requirements and publishes them from the location of the server suitable for performance, but not in the closest sense in terms of location. CUSTOMER hereby accepts and undertakes that he/she consents to this mandatory technical copying process.
3.4.4. SISYATEK may at any time delete the data it keeps in the cache regarding the static files subject to the Content Distribution Network, and may re-cache it from the CUSTOMER servers if desired. These transactions or any data loss that may occur in SISYATEK caches will not affect the data hosted in the CUSTOMER systems, and the CUSTOMER accepts and declares that SISYATEK may perform the caching process of the files subject to the contract at any time, as long as the CUSTOMER receives service .
3.4.5. If the CUSTOMER wishes to use an encrypted connection while benefiting from CDN services, he cannot technically use his own certificate and continues the service through the domain name "https://www.sisyatek.com/alan-adi". The presence of the phrase " SISYATEK " in the domain name extension does not mean that SISYATEK is a content provider or hosting provider, and the CUSTOMER is solely responsible for the content it hosts and publishes.
3.4.6. SISYATEK may unilaterally increase or decrease the number of servers and locations for CDN services and make technical changes at any time.
3.4.7. SISYATEK does not mediate the publication of the contents listed in Article 3.2.1 of this agreement from its own systems, even if it is not within the scope of hosting services. In case of detection regarding these contents, SISYATEK has the right to unilaterally suspend the service it provides immediately.
3.4.8. Billing services for CDN services are calculated and invoiced based on the gigabytes used by the CUSTOMER at the end of each month, unless otherwise agreed. CUSTOMER is obliged to pay for the service received within 3 (three) days from the invoice, otherwise SISYATEK reserves the right to stop and cancel the service provided.
ARTICLE 3.5. SSL SERVICES
SISYATEK carries out intermediary activities regarding SSL services and does not have the right to determine the license scope and terms of use regarding the certificates. Therefore, the CUSTOMER is solely responsible for making the appropriate choice for the type of certificate he needs.
CUSTOMER certifies that he/she has read the license and usage scope of the relevant certificates at the link www.rapidssl.com/legal and that he/she is aware of any service or incorrect selection etc. that differs from the scope of the license. He accepts and declares that he is aware that he cannot request a refund due to the circumstances and that this situation is due to the nature of the service.
SISYATEK does not make a commitment for the activation period of the certificates and is subject to the scope offered by the certificate provider.
CUSTOMER is solely responsible for the installation of certificates unless otherwise agreed. SISYATEK cannot be held responsible in any way due to incorrect installation or license scope .
SISYATEK cannot be held responsible in any way other than refunding the paid price if the CUSTOMER's certificate request is not accepted by the certificate provider .
ARTICLE 3.6. E-MAIL SERVICES
Unauthorized e-mail (spam) cannot be sent from SISYATEK systems. CUSTOMER is obliged to comply with this rule in the e-mail services it receives. If e-mails sent from SISYATEK systems contain commercial messages, advertising and marketing content, the sent persons must have their consent. If SISYATEK or SISYATEK systems face sanctions due to unsolicited e-mail, SISYATEK may stop the service provided due to the transmissions without notice and request compensation for the damage it has suffered. While using E-MAIL services, CUSTOMER is obliged to avoid actions that may create security vulnerabilities. CUSTOMER may use viruses, trojans, etc. that affect SISYATEK 's systems. In case of sending unsolicited e-mails without the CUSTOMER 's consent due to software, SISYATEK may unilaterally cancel or suspend the service it provides.
CUSTOMER is obliged to inform the persons using the user accounts obtained through E-MAIL services about the daily usage limits, technical specifications and the policies specified in this agreement regarding unsolicited e-mail. SISYATEK , failure to make or incomplete notifications, etc. is not a party to disputes that may arise for any reason.
SISYATEK is not responsible for backing up e-mails unless a separate agreement is made between the CUSTOMER and SISYATEK for backup .
ARTICLE 3.7. LIMITATION OF SERVICES
SISYATEK systems are highly protected against malicious actions that may come from outside. However, in case of unexpected circumstances and if the CUSTOMER is exposed to malicious attacks and access due to the failure to protect the passwords of the system used, vulnerabilities left in the site installation, use of insecure software and tools, SISYATEK may stop the service it provides for the benefit of the CUSTOMER and itself until the malicious actions end or can suspend. If the CUSTOMER is responsible for negligence in these actions or insists on not taking the necessary precautions, SISYATEK may completely cancel the service provided. This provision is valid for all services provided by SISYATEK and SISYATEK has the right to cancel access to systems that show vulnerability at any time for the security of its own system and other CUSTOMER systems. CUSTOMER cannot claim compensation due to bets that have been damaged due to this provision.
SISYATEK may suspend the services provided due to periodic maintenance work. In this case , SISYATEK will inform the CUSTOMER about the hours and days of the planned maintenance work through the SITE and corporate social media accounts and via e-mail . These works will be carried out at reasonable times and within reasonable periods of time and are not considered as service disruption.
SISYATEK has the title and certificate of " Hospitality Provider " in accordance with Law No. 5651 , and has the right to remove content from the CUSTOMER site and prevent access to the content against notifications made to it in accordance with the relevant law and other laws. In this case, SISYATEK will first inform the CUSTOMER , and if the CUSTOMER does not immediately comply with the court decision, SISYATEK may use one of the options of fulfilling the court decision or completely canceling the service provided by intervening in the systems due to legal obligations, if it has the technical possibility. If SISYATEK suffers a loss due to non-compliance with this article, the CUSTOMER is obliged to cover the damage suffered.
CUSTOMER hereby accepts that he/she will not gain titles and statuses such as SISYATEK 's representative, agent, commercial representative, partner, solution or business partner, and cannot represent himself/herself in this way to third parties.
ARTICLE 3.8. TECHNICAL SUPPORT
SISYATEK and the requirements for the system or software that the CUSTOMER must have are up-to-date on the SITE .
The technical support services provided by SISYATEK do not include the installation and maintenance of the services, but were established to assist the relevant persons who carry out the services provided by the CUSTOMER in ensuring the continuity of the service. SISYATEK will only offer suggestions against the problems that the CUSTOMER may experience due to inadequacy and ignorance regarding the services received , and it is not possible to intervene in the systems and take action on behalf of the CUSTOMER , except for reserved provisions . Provisions regarding technical support services provided for a fee are reserved.
ARTICLE 4. PAYMENTS
4.1. Fees for the services offered by SISYATEK are included in the SITE . SISYATEK does not make the service available until the CUSTOMER pays the fee for the relevant service . For payments made through bank channels, the date on which the amount is transferred to SISYATEK accounts is taken into account.
4.2. SISYATEK may make changes at any time on the fees for the services offered on the SITE . SISYATEK will send information about the changes to its CUSTOMERS who receive periodic service to their e-mail account in the system. CUSTOMERS who pay monthly are bound by the changing prices for the next month, and the price difference is not reflected in annual advance payments. If the CUSTOMER paying monthly does not accept the changes, he/she has the right to terminate the contract for the periods in which the changing prices are valid.
4.3. CUSTOMER is obliged to make his payments without any warning or notice. For payments not made on time, SISYATEK may completely stop and cancel the service. The CUSTOMER cannot claim rights under any name because the service is not provided for which the fee is not paid.
4.4. SISYATEK reserves the right to charge 5% monthly late payment interest on service fees not paid on time, without the need for warning or notice.
4.5. Service amounts calculated in foreign currency are converted into Turkish Lira or paid in foreign currency at Garanti Bank's effective sales rate on the date of payment.
ARTICLE 5. USER PRIVACY
5.1. The accuracy of the user information and access addresses entered into the system by the CUSTOMER has been declared by the CUSTOMER. If deemed necessary, SISYATEK may confirm and request updates via SMS or e-mail to confirm the registered information.
5.2. CUSTOMER is solely responsible for the protection of the password, all kinds of access authorized passwords and data used to access the services provided by SISYATEK . SISYATEK cannot be held responsible if this password and access rights are used by malicious third parties .
5.3. SISYATEK does not share the information, contents, and data generated by the use of systems provided by the CUSTOMER with third parties , except for legal obligations and requests from legal authorities. The information provided by the CUSTOMER in domain name registrations is automatically displayed by the registrars in inquiries, and if the CUSTOMER wishes to have his information closed to third parties, he is obliged to notify the relevant transaction from the USER PANEL .
5.4. SISYATEK may send promotional or informative content regarding the services provided by itself or its business partners to the access information recorded in its systems by the CUSTOMER . If the CUSTOMER does not want to receive these notifications, he/she can contact SISYATEK and submit his/her request.
5.5. SISYATEK fulfills CUSTOMER demands according to the information registered in the system and bases invoice information on any disputes that may arise with third parties.
5.6. If it is determined that the user information provided to SISYATEK by the CUSTOMER is deliberately inaccurate and unrealistic, SISYATEK has the right to completely stop and cancel the services it provides.
ARTICLE 6. CONTACT INFORMATION AND NOTIFICATIONS
6.1. CUSTOMER accepts that the e-mail addresses provided to SISYATEK during the order are sufficient for notification and warning. The parties are not obliged to confirm whether the notifications sent to these addresses have been read or not, and they are deemed to have been notified the next day based on the notification day.
6.2. SISYATEK may send messages, information, letters, warnings, payment notifications, account activity charts and account summaries to the e-mail address provided by the CUSTOMER to SISYATEK during the contract period . CUSTOMER specifies that the e-mail address provided to SISYATEK is in accordance with Article 6.1 of this agreement. declares and accepts that it has the qualifications specified in the article. If the CUSTOMER requests to change the e-mail address or contact information to be notified for security or other reasons, the CUSTOMER is obliged to update this situation from the USER PANEL .
If SISYATEK deems it necessary to change access and contact information, it may request the CUSTOMER to send identification information or similar documents. In this case, the requested changes will remain suspended until the necessary confirmations are made.
ARTICLE 7. TERMINATION / SUSPENSION OF THE AGREEMENT
7.1. SISYATEK has the right to terminate the contract unilaterally and without notice if payments are not made, or to completely suspend the services provided until payment is made. CUSTOMER is solely responsible for monitoring whether payments are made on time and in full.
7.2. In case the services provided by SISYATEK are stopped and for the duration of this situation, e-mail, web, ftp access cannot be made on behalf of the CUSTOMER and e-mail accounts are frozen. In this case, incoming e-mails can technically be rejected. If the payment is not made within 10 (ten) business days from the payment date, SISYATEK reserves the right to cancel the CUSTOMER account and delete all data. CUSTOMER cannot claim rights due to this provision.
7.3. If the CUSTOMER violates any of the articles in these terms of use, SISYATEK reserves the right to terminate this agreement immediately and without notice for its own and other CUSTOMER's interests. SISYATEK has no obligation to provide a refund in case of termination for justified reason.
7.4. CUSTOMER may terminate this agreement at any time with notice. However, since the services provided involve immediate performance, no refunds or discounts or refunds can be requested because the service is not used.
7.5. CUSTOMER ; has the right to withdraw from the contract without giving any reason, within 10 days from the date of the contract, regarding one or more of the rental or virtual server or shared website hosting service packages it has purchased. If the CUSTOMER wishes to return the service received based on this article, he is obliged to immediately submit his request to SISYATEK within this period. SISYATEK will make the refund with the payment instrument used by the CUSTOMER when paying the service fee, and cannot be held responsible for any delays caused by the bank in credit card usage.
ARTICLE 8. VALIDITY OF ELECTRONIC RECORDS
SISYATEK 's commercial books and system reports are considered as legally valid evidence in the e-mails, correspondence via instant communication tools, all kinds of electronic data messages or fax correspondence records and message reports between the parties and are accepted as final and binding evidence in the context of procedural law.
ARTICLE 9. FORCE MAJEURE
SISYATEK receives service, depending on the nature of the service, which did not exist at the date of signing of this contract, were unforeseen and developed beyond the control of the parties, one or both of the parties will be liable for the obligations under the contract. The situations listed in the Code of Obligations that make it impossible for the parties to fulfill their debts and responsibilities partially or completely are considered as force majeure or reasons. The party that will not be able to fulfill its obligations mentioned in this agreement or will be delayed in performing it due to force majeure is obliged to notify the other party in writing on the same day.
In this case, each party agrees that it has the right to terminate this agreement, but will not have the right to claim damages due to the non-implementation or delay in the implementation of the agreement. However, the parties may sign a new service program and adapt this contract to new conditions by mutual agreement.
ARTICLE 10. DISPUTES
The Parties declare and accept that Istanbul Courts have jurisdiction in disputes arising from this agreement.
These conditions have been read and accepted electronically by the CUSTOMER after the CUSTOMER has chosen to receive service from SISYATEK . If the CUSTOMER receives more than one service from SISYATEK , this agreement will remain in force for the other services even if one of the services is terminated.

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