Terms Of Use Agreement

 

Parties

a. Use of web sites(referred to herein as “Site”) operate under the Internet addresses of “datumcenter.com” and “datumspace.com” and its sub-domains which belong to Gigabyte LLC between Gigabyte LLC which provides the services stated under services section(referred to herein as “Services”) through websites “datumcenter.com” and “datumspace.com” and person/organization (referred to herein as “Customer”) its details specified in new user registration section and such services to be purchased from these sites shall be subjected to below mentioned terms and conditions.

b. The parties hereby agree, declare and undertake the accuracy of written statements of present agreement.

Subject

a. In accordance with information given by the customer during processes, orders, sent messages and registration on the website, present agreement shall arrange the fee customer will pay in exchange for the service they receive in compliance with preferences regarding the orders. Statements of this service and transaction as follows:

b. Membership informations are the information given by the customer during registration. Due to the fact that transactions will be based on these informations, it shall be assumed that the member has entered these informations correctly and completely.

 

Responsibilities

a. Datumcenter.com shall provide the services which customer ordered. After order has been accepted, datumcenter.com shall accept that it has received relevant fee and will undertake to provide the service specified in the order.

b. VAT differences and payment method will be stated with total amount during the order and fees need to be paid by the customer according to the yearly or monthly payment plans will be stated by datumcenter.com

c. After order appearance and approval Datumcenter.com control panel, FTP, SQL and e-mail user names and passwords which present in the details of order regarding the service will be delivered to customer and the service will begin. Customer shall have the responsibility of these accounts and password and customer will be responsible for the damages and costs that may arise from these matters.

d. Customer undertakes to comply with received statements and warnings from datumcenter.com within the service that the customer received. While benefiting from the data hosting account, the customer accepts, declares and undertakes to comply with any notice or warning sent by datumcenter.com The Customer shall not distribute nor sell the services provided free of charge and unlimited to the third parties, whether paid or free of charge, and / or limited or unlimited.

e. Customer undertakes not to access any files or programs that are not accessible by using the software and programs that are available within the service, to not cause any trouble due to such a problem, and to compensate the losses incurred by troubles and problems that may arise.

f. While using the domain name, hosting or any received service, customer acknowledges and undertakes that any taxes, fees and similar obligations in effect or will be in effect during the contract are belong to customer.

g. Customer is the responsible for the all processes that will be used and benefited with web sites, e-mail services or all files, documents, programs, acknowledges and undertakes that all criminal and civil liability that may arise from malpractice in such data, information and declaration is on the customer himself/herself. Datumcenter.com hereby shall not be responsible for any troubles that may arise from this matter. DatumCenter.com assumes no responsibility for the pages that created by the user or does not review, verify or endorse the pages. DatumCenter.com may terminate user accounts for any violation of these guidelines or for another reason or for believing one of the users is being detrimental to datumcenter.com or to any its users. DatumCenter.com has the right to delete the actions that violate the law from the moment learning it without notifying the customer.

h. Datumcenter.com assumes no responsibility for any pecuniary and non-pecuniary damages that may arise from misuse of customer data, data contents or all data used with e-mail. Obligation of storage and backup of these data belongs to the customer. Datumcenter.com has subjected to maintenance and backup in an orderly manner of all data of customers. However, Datumcenter.com assumes no responsibility for errors, damages and cost that may occur due to data losses and interruptions that could happen in datumcenter.com services. Backup of data is the responsibility of the customer unless otherwise specified in the agreement.

i. Datumcenter.com shall register the domain name which ordered and paid by the customer. Owner of domain name which has been registered and paid with registration request that accepted with order is the customer. In this respect, datumcenter.com could take action regarding domain names in accordance with the request of the customer. Request of transfer, change or collocation concerning domain name by customer will be fulfilled.

 

Term

a. Rights and obligations of the parties which specified in present agreement will begin when the order and payment process conveyed to datumcenter.com through Internet.

b. Term of the agreement is as long as the agreed payment period during the order.

c. If the parties didn’t notify that the agreement will expire at the due date 10 weekday before the expiration date of the agreement, agreement will extend as long as the previous contract term with the same provisions and conditions. (Changes regarding fee are reserved.)

 

Fee

a. Under present agreement, the payment of the fee in exchange for the specified service, is as much as the amount specified during the order process. VAT may only be included after to specified fees and collected just after showing it to the customer.

b. Datumcenter.com shall reserve the right to make changes on a going-forward basis regarding prices and price lists. Customer hereby shall acknowledge, declare and undertake the changes may happen ahead of time.

c. The fee shall be paid in by converting to Turkish Lira over Central Bank effective selling rate on the invoice date.

d. Customer is obligated to pay if there is a placement of payment order by credit card, from charge account if there isn’t, to pay into bank account number specified in the contact address or to pay datumcenter.com by hand within 5 working days of the invoice date.

e. In case of payment delay, datumcenter.com shall reserve the right to issue an exchange rate difference invoice.

f. As specified during order, there is no refund during domain name processes.

 

Suspension

a. Due to the problems regarding payment, problems regarding customers who placed payment order to their credit card or articles related to rights and obligations, Datumcenter.com shall reserve the right stop all services and e-mail, web, FTP accounts provided to customer.

b. Customer could not be able to access to e-mail, web, Ftp during this matter and received e-mails have sent back by blocking e-mail accounts.

c. The maximum limit of CPU usage rate per site is 10%, maximum limit of RAM and SQL usage rate is 5% User accounts who exceed 5% and %10 will be suspended after first warning and more preferable solution is suggested.

d. Security of all softwares on the server is belongs to our customers. Datumcenter.com assumes no responsibility for the results caused by security flaws connected to your software or could be caused by Chmod 777.

e. SPAM is unsolicited messages that sent over by Internet for the purposes of advertising. As SPAM damages trust towards datumcenter.com, at the same time causes overloading in datumcenter.com systems and may cause failures in the services that provided to customers. For those who receive SMTP service from datumcenter.com cannot send SPAM. Users who have SMTP server, whether they receive SMTP service from datumcenter.com or not they cannot run their SMTP service on their server without any protection or available to third parties/organizations in a way to enable delivery of SPAM.

f.   Disorderly Action and Publications
Using services of datumcenter.com to carry out actions against generally accepted public morality and traditions.

g. Aggressive and Threatening Actions
Use of datumcenter.com in such a way to contain aggressive and threatening actions against third parties and/or institutions.

h. Illegally Accessing to Other Computers or Networks or Unauthorized Access
To hack into other computers, user accounts or networks and other activities that result in hacking into systems (“Port scan”, “stealth scan”, etc.).

i. Virus, Worm, Trojan Horse ETC. Activities Connected with Spread of Detrimental Ones
Activities that could cause failures in using datumcenter.com network or in its system, service and/or device such as internet viruses, worm, sending trojan horse or pinging, flooding, mailbombing, denial of service

j. Other Illegal Avtivities
Event though did not specified in here, all activities that are against the law and constitute a crime

 

Termination

a. If the customer fails to fulfill the undertakings and obligations by violating the any of the articles of present agreement or in case of determining that informations declared in present agreement are false and in case of suspension of agreement lasting more than 7 days, datumcenter.com shall reserve the right to terminate the agreement unilaterally without the need to notice.

b.  After this termination, customer acknowledges, declares and undertakes that shall not reclaim the last agreement fee regardless of the remaining time and to pay compensation of 5 times of precedent value of agreement which is in effect on the date of termination.

c. Customer shall reserve the right to terminate the contract on the expiration of the agreement without any justification on condition that customer provide the other part with written notice 10 days prior to the normal expiration date.

d. In case of termination of the agreement by the customer prior to the expiration term of the agreement, the customer acknowledges, declares and undertakes to pay half of the remaining fees in lump sum.

 

Contact and Information Addresses

a. The parties acknowledge, declare and undertake their postal address specified in order address as legal residence for all notifications that may arise from the agreement.

b. Even though the notifications that are made to these addresses fails to arrive, will be deemed served. As long as the other party didn’t notify in written with changes surrounding these addresses, old address will be valid.

c. Datumcenter.com could send messages, informations, texts, notifications, payment notices, account activities and bill of account to e-mail account which they have assigned to the customer during the term of agreement. As customer cannot claim he/she did not receive such e-mails; acknowledges, declares and undertakes that such messages will be deemed served one day after.

 

Failing to Meet Financial Obligations

a. Customer shall be deemed to fail to meet financial obligations in case of not making payment in exchange for the services which he/she received in 7 days following the date of application. In this case, as datumcenter.com may issue an exchange difference invoice, could request monthly default interest rate of 15% from the term of invoice. Customers acknowledges and declares to pay default interest and to pay exchange difference invoice.

b. In case of datumcenter.com filing a suit or initiating enforcement proceedings for any receivable arising from present agreement, customer acknowledges, declares and undertakes to pay monthly default interest rate of 15%, to pay penalty as much as 50% of balance due, 10% of attorney fee and all other legal expenses.

c. In case of the customer applying to legal authorities for warrant of distraint and interim injunction in order to collect receivables arising from present agreement, datumcenter.com is authorized to get an injunction, however, when a warrant demanded by the Court, customer acknowledges, declares and undertakes that the charges incurred by receiving a letter of guaranty and all kinds of fee to be paid by the customer and will not file an appeal.

 

Authorized Court and Enforcement Offices

a. Present agreement consists of 10 articles and subheadings, both party acknowledges having read this agreement and have signed. (Signing is accepted when the order sent to datumcenter.com via Internet). If deemed necessary by datumcenter.com, new articles and/or subheadings may be added, excluded or articles may be amended. Customer heretofore declares and undertakes to acknowledging these amendments.

b. In any settlement of disputes during the execution of present contract, Turkish Republic of Northern Cyprus Nicosia courts and Enforcement Offices are authorized.