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Service and Use Agreement

HomeService and Use Agreement

CYBER DATA CENTER COMMUNICATION & TECHNOLOGY INTERNET SERVICES

Service and Use Agreement

Last Updated on: 18 November 2018


Cyber ​​Data Center Communications & Technology Internet Services are briefly referred to as ”Cyber ​​Data erv and” Siberveri.com.tr “and leri Our Company S.
The Customer and User definitions represent the persons or entities that have purchased products / services through the Cyber ​​Data and Siberveri.com.tr website.
All customers, who make an account by accessing them via the website www.siberveri.com.tr or via their mobile applications, who make purchases and provide benefits, are deemed to have read, understood and accepted the terms and conditions of the following main articles. It is not possible to create user accounts and purchase products / services without agreeing to all the terms and conditions stated below. All users who create accounts and buy products / services can accept this agreement.

This contract; is offered to the approval of the customer during the membership and purchase of the product / service; In addition, the bottom of the site is constantly published. It is the customer's responsibility to review and read.

This contract loads the rights and obligations related to the site of the contract to the parties and the parties accept and declare that they will fulfill the rights and obligations mentioned in this agreement in full, correct and timely terms when they accept this agreement.

RESPONSIBILITIES
1.1 Web software sold on our site and all pages linked to it is the property of Networksdc.com and are operated by it. siberveri.com.tr reserves the right to make changes on the prices and prices of the products and services offered.

1.2 Siberveri.com.tr acknowledges and undertakes that the member shall benefit from the products subject to the contract except for technical failures.

1.3 The Client agrees and undertakes that, in the use of Cyber ​​Data products, no reverse engineering shall take place or any other activities for the purpose of finding or obtaining the source code. Otherwise, in case of detection of this activity, it agrees and declares that all products that are currently purchased will be canceled without any question and the customer account will not be refunded in any way.

1.4 It is forbidden to order fake orders for trial purposes. If detected, their accounts will be canceled and no more accounts can be created with the current account information.

1.5 The Customer agrees and declares that he / she will pay the fee to be determined by Siberveri.com.tr for the modules, requests and regulations in addition to the web software to be purchased. The customer cannot claim any additional modules, requests and regulations to be made later in the software. The customer not only obtains the license to use the software, but also buys only the right to use it in the additional modules and requests made later. This means that the customer has no right to add additional modules, regulations and requests to another customer or site or to not use them for general sale. (If there is no additional contract or agreement.)

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

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

2.3 The visual design and source codes of all products detailed in the Site are registered by the General Directorate of Copyright of the Ministry of Culture and Tourism and all rights are reserved. Only our web site, our web sites and our authorized business partners are sold through.

INFORMATION CONFIDENTIALITY
3.1 Siberveri.com.tr will not disclose the personal information transmitted by the users to the 3rd parties. These personal information; It contains the name, address, phone number, mobile phone, e-mail address of the person, and any other information about identifying the User and will be referred to as cep Confidential Information,.

3.2 Confidential Information may only be disclosed in cases where such information is requested by the official authorities and where it is mandatory to make a statement to the official authorities 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 client 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. Failure to do so may result in loss of data and security breaches or

CONTENT HOUSING (WEB HOSTING / SERVER SERVICES)
5.1 Content hosting, web hosting with alias / web server service; basically, the CUSTOMER's web sites and / or databases are hosted on the Cyber ​​Data servers.

5.2 CUSTOMER agrees to comply with the terms and conditions set forth herein by using this Service. The Business shall provide service in maximum continuity and operability by using all reasonable resources available during the service period of Cyber ​​Data, depending on the terms and conditions of this Agreement.

5.3 CUSTOMER acknowledges that services may not be accessible or operated in certain circumstances, including but not limited to:

- Force majeure (natural disasters such as earthquakes, fire, floods and other human disasters),
- Hardware malfunctions,
- Periodic Maintenance procedures or occasional repairs of the data center,
-The unpredictable reasons beyond the control of Cyber ​​Data or restricted by Cyber ​​Data, including, but not limited to, interruptions or malfunctions, malicious network attacks, network density or other malfunctions in telecommunications or digital transmission lines.

5.4 CUSTOMER agrees that Cyber ​​Data does not have 100% control over the continuity or continuity of the web hosting / server service provided and is not guaranteed.

5.5 Cyber ​​Data shall make the necessary efforts to ensure the continuity of the Services provided to CUSTOMER.

5.6 CUSTOMER shall be entitled to purchase the services subject to this Agreement or to create a customer account; electronic mail communication, webcasts and all kinds of transactions related to this subscription. accepts and undertakes that he / she is fully responsible for the content of his / her web pages, ftp and other Internet services.

5.7 The CUSTOMER agrees and undertakes that he / she will not publish and operate on the prohibited materials listed below. Otherwise, the service will be canceled without any question and in no way refunds and so on. agrees not to do.

Prohibited materials;

Topsite on
IRC scripts, bots
Proxy scripts / anonymizers
Pirate software / warez
Image Hosting Scripts (like Photobucket or Tinypic)
AutoSurf / PTC / PTS / PPC sites
IP Scanners
Bruteforce Programs / Scripts / Applications
Mail Bomber / Spam Scripts
Banner-Name services (commercial banner name cycle)
Casting file / Mirror scripts (similar to rapidshare)
Commercial Audio Broadcasting (more than one or two broadcasts)
Escrow account / Bank Bonds
Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Felicity Chain)
Unlimited services can be distributed to third parties free of charge or for a fee
The sale of the required permission (s) without the prior authorization
Programs of banks that determine the market
Raffle / gambling sites
mud and / RPGs / PBBG on
Hacker sites / archives / programs
Sites promoting illegal activities
Forums or websites that distribute or link warez / pirated / illegal content
Fraud Sites (including those listed at aa419.org and escrow-fraud.com)
Mailer Pro
All kinds of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing copyrighted content
IRCD (irc servers)
IRC scripts
Pirate Software / Warez
IP Scanners
Bruteforce Programs / Scripts / Applications
Mail Bomber / spam scripts
Escrow account
Investment sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Felicity Chain)
The sale of the required permission (s) without the prior authorization
Raffle / gambling sites
Hacker sites / archives / programs
Sites promoting illegal activities
Forums or websites that distribute or link warez / pirated / illegal content
Fraud Sites (including those listed at aa419.org and escrow-fraud.com)
Mailer Pro
All kinds of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing copyrighted content
5.8 It is strictly forbidden to carry out any activity that is contrary to the applicable law and constitutes a criminal offense. Otherwise, the CUSTOMER will be canceled without any questions and no refunds. agrees not to do.

5.9 Your use of the Cyber ​​Data services may be restricted or terminated if you use and / or act in violation of public morals and traditions that are publicly accepted. The customer is aware of this.

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

5.11 Cyber ​​Data services, including all relevant equipment, networks and network devices, are for permitted Customer use only. Cyber ​​Data systems can be tracked for all legal reasons and include, for example, ensuring that when use is permitted, managing the system, facilitating protection against unauthorized access, and verifying security procedures, sustainability, and transaction security. During monitoring, information may be reviewed, recorded, copied and used for the purposes for which it is permitted. The use of the Cyber ​​Data system (s) constitutes consent to monitoring within these objectives.

5.12 Each account connected to its network or system may be suspended without the consent of a third party. In order to access networks and systems that are not directly under the customer's control, it is obligatory to obtain the written consent from the third party. Cyber ​​Data may request documents to prove access to the third party's network or system if it wishes and may require such documents to be submitted.

5.13 Cyber ​​Data does all it can to protect and back up the CUSTOMER's data in a regular manner, although it does not accept responsibility for any errors that may arise in its data. Data backup is the responsibility of CUSTOMER. CUSTOMER always undertakes the risk of damage to the Web Site and the files belonging to the entire Web Site content. CUSTOMER is fully responsible for maintaining the confidentiality of customer password and account information.

5.14 CUSTOMER accepts that he is responsible for all actions, omissions and expenses incurred in the use of his account or password under the account or linked to the site or viewed, linked, stored or published on the server.

5.15 CUSTOMER IS RESPONSIBLE FOR GETTING THE FOLLOWING MEASURES;

To prevent any loss or damage to the websites,
To provide independent archive and backup copies of websites and databases;
Ensure the security, confidentiality and integrity of Web sites and ensure the confidentiality of account information.
5.16 CUSTOMER undertakes to pay usage fees and related taxes related to web hosting services. 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 SMS sending services made available to CUSTOMER through Siberveri.com.tr or via api access links.

6.2 CUSTOMER shall be solely and exclusively liable to buyers in respect of the Collective / Single SMS sent, and shall keep Cyber ​​Data free from any requests, claims, objections and complaints that may arise from such persons and institutions in any manner whatsoever. Cyber ​​Data has the right to recourse to all damages, all kinds of claims, claims and claims against Cyber ​​Data that can be asserted by the Cyber ​​Data for direct and indirect loss of income and all of the material and moral damages, the first demand, immediately in cash and def'aten compensation, acceptance, declaration and commitment.

6.3 CUSTOMER agrees, declares and undertakes that he / she shall act in accordance with the legislation in force in connection with the sale / dispatch of individual / group SMS.

6.4 CUSTOMER shall bear the costs and indemnities which the Cyber ​​Data will have to pay to the 3rd persons and / or the public authorities in relation to its obligations under this contract, 5 (five) working days following the first written request of the Cyber ​​Data, without any provisions. accepts and undertakes to pay to Cyber ​​Data.

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, outdoor announcements, press, etc.), the Law No. 4077 on the Protection of the Consumer, the Communiqué on the Commercial Advertisement and adheres to international advertising principles and Ad Board decisions. The CUSTOMER agrees and declares that he / she is responsible for all kinds of damage and loss that will occur due to contradiction with the provisions.

6.6 CUSTOMER acknowledges and undertakes that Cyber ​​Data cannot be held responsible and wholly responsible for the accuracy of the information contained in the SMS text and the content of the statements. In accordance with the decision of the Supreme Board of Elections and in accordance with the provisions of this agreement, it is acknowledged and acknowledges that messages sent to the political propaganda over the mobile phone are not sent via SMS and / or the internet, and in case such a transmission is determined, it is the responsibility of the penalties for the violation.

6.7 CUSTOMER; T.C. Law and the legislation, ethics, public interest, public security, the Republic of Turkey would not constitute a violation of the territorial integrity, such statements Cyberspace is entitled Data blocking and blocking any legal disputes will be exposed to cyber data because these statements and / or claims that the claimant is the addressee himself, so that the Cyber ​​Data knows that he will be reinstated if any compensation is paid, and that he will pay the compensation, punishment, expense and other costs claimed in connection with the first application lodged against him without the need for any decision to be taken against him. declares and undertakes.

6.8 CUSTOMER shall be deemed to have obtained the GSM numbers sent by SMS by obtaining legal and permits. In this regard, Cyber ​​Data is not responsible in any way. All legal responsibilities and obligations belong to CUSTOMER.

OTHER TERMS AND CONDITIONS
7.1 CUSTOMER shall not interfere with the commercial reputation, reputation and prestige of Cyber ​​Data and its customers, and if such cases are detected, the customer account and all connected products and services shall be canceled without any refunds, and no refunds shall be made. accepts, undertakes and declares that it will indemnify and provide all damages and damages to Cyber ​​Data and its customers.

7.2 The CUSTOMER agrees, undertakes and declares that it will indemnify any loss or damage of Cyber ​​Data against any claims arising from the use of Cyber ​​Data services.

7.3 Whoever requests the Cyber ​​Data refuses to serve, the mobbing behaviors exhibited by the customer, and the reimbursement of amounts that correspond to the remaining uses of the Customer's products / services in the face of the behavior that would adversely affect the performance of the Cyber ​​Data authorized personnel and their staff. by canceling the right to cancel customer account with all products / services.

7.4 Cyber ​​Data, if the CUSTOMER chooses to pay by bank transfer, cyber data activates the service and informs the CUSTOMER as the result of the transfer from the account opened in the name of the person or institution specified in the CUSTOMER information to the bank account of the Cyber ​​Data specified during the order . All costs for payments belong to CUSTOMER.

7.5 All periodic products and services shall be terminated if they have not been paid as of the latest service deadline. 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 Cyber ​​Data acknowledges and warrants that the Product / Service will provide "free support" for self-constituted errors and issues for a period of 6 months from the date of purchase of the Product / Service. The problems arising from the subsequent interventions by the Customer to the relevant product / service are excluded from this scope. In such cases, as a solution, the standard product given by Cyber ​​Data will be solved by re-establishing the system. The customer is aware of this and accepts and declares.

8.2 In the "Web Software" service area, the Customer is obliged to provide and maintain the equipment necessary for the smooth operation of the product / service received from Cyber ​​Data. These equipment are declared at the basic level before and during the purchase to the Customer. Some products / services may require additional hardware and software additional features above the basic level. The Client agrees and declares that, in such cases, Cyber ​​Data will provide additional features.

8.2 The Customer acknowledges and agrees that all products and services purchased by him / her will receive support services for all matters other than the "standard operation" and that Cyber ​​Data may not provide support in some cases, even if they are against the charge, in such cases. .

8.3 The Client acknowledges and declares that he / she will forward all support requests through the ini technical support system ağ on the Siberveri.com.tr website and will not receive support services.

8.4 All support requests generated by the Client will be answered by Cyber ​​Data within 24 hours depending on the intensity of the work.

CHALLENGING REASON
9.1 Not controlled by the Parties; natural disasters, fires, explosions, civil wars, wars, uprisings, popular movements, mobilization announcements, strikes, lockouts and epidemics, infrastructure and internet failures, power failure (for example, together referred to as "Force Majeure"). The parties shall not be liable if the obligations become unenforceable and the rights and obligations of the Parties arising from this Agreement shall be suspended.

INTEGRITY AND APPLICABILITY OF THE CONTRACT
10.1. If one of the terms of this Agreement becomes in part or completely invalid, the remainder of the contract remains valid.

CHANGES IN THE CONTRACT
11.1 Cyber ​​Data may change the terms and conditions of this Agreement in whole or in part at any time. Changes will be effective from the date of publication on the site. It is the user's responsibility to monitor 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 notices to be sent to the parties concerned by this Agreement shall be made by the known e-mail address of Siberveri.com.tr and the e-mail address specified in the user's membership form. The user agrees to inform the other party in writing within 5 days if the address indicated is the valid notification address, otherwise the notifications to be made to this address shall be deemed valid.

DELIVERY AGREEMENT
13.1 The parties' books, records and documents, and computer records and fax records shall be deemed to be evidence in accordance with the Law of Civil Procedure No. 6100 in any disputes between the Parties relating to the transactions relating to this Agreement and the User agrees that it shall not object to such records.

CANCEL / RETURN / RIGHT OF CAYMA
14.1 Cancellation / Revocation and Cancellation Right of Software Products;
The Customer is entitled to cancel / refund and withdraw this software product within 14 days from the date of purchase. The cancellation / cancellation / cancellation right cannot be used for 14 days post due to any problems or grievances not caused by the software itself. In cases where the duration of 14 days is exceeded, it is essential that there is an error, problem or victimization caused by the software itself in order to cancel / refund and withdraw. It cannot be displayed as any feature / attribute, problem or defect that is not in the software. Before making the purchase, the customer is obliged to examine the software itself for the purpose and to ask for information if necessary.

14.2 License Change in Software Products;
Software products are licensed to the domain that the customer has personally declared at the time of purchase. The customer may change the domain name of the license to the customer at any time, free of charge. Once a change is made, the license cannot change the domain name again. Customer agrees and undertakes it.

14.3 License Transfer / Transfer in Software Products;
The Customer has the right to transfer / transfer his / her software license to a Cyber ​​Data customer that he wants. After the transfer / transfer operation, the new customer who is transferring the license has the right to change the license domain (domain address) for once.

14.4 Leased Software Products;
No license information exchange, license transfer / transfer can be made in software products that are leased periodically or monthly for more than one month. Customer agrees and undertakes it.

14.5 The customer has no right to cancel, cancel, replace and charge a refund if there is no problem or grievance caused by our company related to the following products / services.

All kinds of web server (physical server, virtual server) services.
Domain name registration services.
International sms delivery services.
Turkey sends SMS services. (SMSs not delivered to the buyer are automatically returned as credit right.)
Other local and international product / service licenses.
14.6 In the event that 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 illegally and without the consent of the card. In this case, the issuer of the card shall return the amount of the payment to the consumer within 10 days of being notified of the objection.

DISPUTE RESOLUTION
15.1 The Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction to settle any disputes arising from the application or interpretation of this Agreement.

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