Terms of Service
The user agreement between Online Server and its customers, accepted when you place an order.
This is an English translation for your information. The binding text is the Turkish original; if the two differ, the Turkish original applies. Read the Turkish original.
1. Parties
1.1 This agreement governs the use of the website operated by ONLINE SERVER TELEKOMÜNİKASYON Limited Şirketi ("Online Server") at https://onlineserver.com.tr (the "Site") and the services bought through it (the "Services"), between Online Server and the person or organisation identified in the new customer registration (the "Customer"). It is deemed signed under the terms and conditions below.
1.2 The parties declare, accept and undertake that the information written in this agreement is correct.
2. Subject
2.1 This agreement sets out what the Customer may and may not do, based on the information the Customer gives when registering, ordering and sending messages on the Site, and the fees the Customer will pay Online Server for the services chosen in each order. The services and procedures are described below.
2.2 Membership details are the details the Customer enters when registering. As they are used as the basis for all transactions, the Customer is assumed to have entered them completely and correctly.
2.3 During registration, purchase and similar procedures, Online Server may require contact details such as an email address or mobile number in order to send notifications and newsletters or to apply security measures such as account verification, may ask for these details to be confirmed, for example with a verification code, and may make these confirmations a condition of using the Services.
2.4 Online Server may use the contact details the Customer gave when registering to send notifications or newsletters about the Customer's services.
3. Responsibilities
3.1 Online Server will provide the services the Customer orders. With the order acceptance message, Online Server confirms that it has collected the fee and undertakes to provide the service named in the order.
3.2 Online Server will state the payment method and VAT with the total calculated at the time of the order, and the fees the Customer must pay according to the monthly or yearly payment option chosen.
3.3 The service starts once the order is accepted and confirmed. The Customer is responsible for the related accounts and passwords and for any loss or damage arising from them.
3.4 The Customer undertakes to follow the statements and warnings Online Server gives within the service, and to comply with every notice or warning Online Server publishes while using a hosting account. The Customer may not distribute or sell to third parties, for a fee or free of charge, limited or unlimited, any service given to the Customer free of charge or without limit.
3.5 The Customer undertakes not to use the software and programs available within the service to access files or programs the Customer has no right to access, not to cause any problem by doing so, and to cover any resulting damage.
3.6 The Customer accepts that any taxes, fees and similar obligations in force, or coming into force during the agreement, in connection with the domain name, hosting or other services belong to and will be paid by the Customer.
3.7 The Customer is responsible for all files, documents and programs kept within the service, and for all website and email activity, and accepts all legal and criminal liability arising from any of this data, information or content being unlawful. No fault in this regard can be attributed to Online Server. Online Server does not review, verify or endorse pages before they are published and takes no responsibility for pages created by users. Online Server may terminate user accounts that breach these principles, or for any other reason, or if it believes an account harms Online Server or any of its users. Online Server may delete unlawful content without notice to the Customer as soon as it learns of it.
3.8 Online Server cannot be held liable for material or moral damage arising from the content of Customer data within the service, from the faulty or malicious use of that content, or from email sent and received. The Customer is responsible for backing up and keeping all data. Online Server cannot be held liable for errors or for material or moral damage arising from interruptions or data loss in its services.
3.9 Online Server will carry out the registration of domain names that the Customer has ordered and paid for. The Customer is the holder of a domain name that has been registered, accepted with the order and paid for. Online Server may act on the domain name at the Customer's request. The Customer will make requests to edit, change or transfer the domain name as soon as possible.
3.10 Online Server's liability for the services it provides is limited to the monthly fee of the service concerned. Any claim for compensation for disruption, problems or loss in the Customer's services cannot exceed the monthly fee of the service.
3.11 Online Server will take due care to keep regular backups of Customer data, but cannot be held liable for data the Customer loses because of problems in this regard. The Customer is obliged to save its own data regularly.
3.12 Online Server publishes the specific terms of use of each product and service on the web page prepared for it. Users are deemed to accept these terms when they buy the service.
3.13 Online Server may change its products and services over time.
3.14 The Customer must use the services in a way that does not harm other users. If such use is detected, Online Server may warn the Customer and ask for it to be corrected, or may suspend the service temporarily without notice.
3.15 The Customer accepts that resources described as unlimited are unlimited when used in good faith and in line with general terms of use. In cases such as excessive use of server resources or use for a purpose other than intended, Online Server may warn the Customer and ask for it to be corrected, or may suspend the service temporarily without notice.
3.16 Online Server may decide to end a service without stating any condition, whatever the content or scope of the product or service. In that case the remaining balance of the service is refunded to the user. If the Customer does not accept the refund or does not respond to the related notices, the balance is added to the Customer's account as credit.
3.17 Online Server reserves the right to stop or fully cancel expired domain names, hosting or other services after they expire. It has no obligation to keep any data after cancelling services that have expired or have not been paid.
3.18 For domain registration, Online Server follows the terms of ICANN and of the registrar companies that act as the source of the domain names. All responsibilities and procedures in this regard are governed by the registrars' terms. Domain registration is handled by software running at Online Server and at the registrars. The Customer is responsible for checking the whole process in case of errors in registration, update, editing, change or deletion caused by faults or access problems in this software.
3.19 Domain registration, renewal and editing are carried out through third-party software or manually. If the user notices an error arising from these operations, or receives a warning from the registrar, the Customer must share it with Online Server; otherwise Online Server is not liable for any resulting disruption, damage or loss.
3.20 Online Server shares Customer details with the domain operator or intermediary company because registration requires it. In domain registration services, the Customer is responsible for changing whois details and their accuracy, for the domain transfer code and for the transfer lock. Under ICANN rules, Online Server or the domain operators may suspend a domain name whose whois details are not verified, and may ask for documents to verify them.
3.21 For registration, transfer, renewal, whois, nameserver updates, status changes and other domain operations, Online Server applies the rules and agreements of the registrar it works with, together with the relevant ICANN rules. These rules may change over time, and the user is deemed to accept all such changes.
3.22 In domain name disputes, Online Server acts according to the registrar's rules. For domains such as .com, .net and .org, the UDRP process may apply under ICANN rules. The user accepts that these clauses and processes may apply to domain names held with Online Server.
3.23 Whois privacy is chosen by users who want to protect their personal data or avoid spam lists. It does not make the user unreachable by legal authorities, and Online Server does not allow it to be used for unlawful purposes. Whois privacy does not guarantee 100% privacy. Online Server may turn whois privacy on or off regardless of the user's request.
3.24 Online Server may change the conditions and prices of domain registration services without notice. Changes take effect after the renewal of domains paid yearly, and current prices and conditions are stated clearly and fully at renewal. If the Customer does not want to renew, or wants to renew with another company, the Customer may do so within the rules set by the registrars and ICANN.
3.25 Online Server suspends the domain names of customers who do not renew on time from the expiry date. The length of this suspension depends on the registry of the domain. During it, the original holder can renew the domain by paying the yearly renewal fee and regain the right to use it. If the domain is not renewed in this period, it enters the redemption period. From then on the right to the domain no longer belongs to the Customer and is at the discretion of our company and the registrar, either of which may sell it to another party. During the redemption period, the former holder or a new buyer can recover the domain by paying a penalty fee that varies by registry and averages about 100 USD. After the redemption period the process is at the registrar's discretion, and the domain can no longer be recovered through Online Server.
3.26 A domain name is not a product that is sold but a right of use held for as long as it is paid for. If the fee is not paid before the expiry date, this right may pass to someone else.
4. Term
4.1 The rights and obligations of the parties begin when the order and payment are sent to Online Server online.
4.2 The term of the agreement is the billing period the Customer chose for the service when ordering.
4.3 Unless either party gives notice at least 10 business days before the end of the term that the agreement will end, it is extended for the same period on the same terms (subject to any changes in price).
5. Fees
5.1 The fee for the services in this agreement is the amount stated during the order. VAT is added to the stated fees, shown to the Customer and collected.
5.2 Online Server reserves the right to change prices and tariffs for the future without prior notice. The Customer accepts such changes in advance.
5.3 The fee is paid in Turkish lira, converted at Garanti Bank's effective selling rate on the date of the order.
5.4 The Customer must pay the fee by the end of the 5th business day after the final order date: from the credit card account if a credit card payment instruction was given during the order, otherwise to the bank accounts stated in the contact address or in person to Online Server.
5.5 If payment is late, Online Server reserves the right to issue an invoice for the difference due to the delay.
5.6 Online Server reserves the right to suspend or open the service until the Customer completes payment.
5.7 The Customer must notify Online Server of payments for the services bought, whatever the payment method, stating clearly the order number, the name of the product or service paid for and the payment method.
6. Upgrades and downgrades
6.1 Online Server does not downgrade packages in any of the services it provides.
6.2 If an upgrade is not applied automatically by the system, the user must inform the system administrators.
7. Suspension
7.1 In case of payment problems, credit card authorisation problems for customers paying by card, or breaches of the terms and obligations, Online Server reserves the right to stop all services given to the Customer, including all email, web and FTP accounts.
7.2 While this continues, no email, web or FTP access is possible on the Customer's behalf, email accounts are blocked and incoming email is returned.
8. Termination
8.1 If the Customer breaches any clause of this agreement and does not meet its responsibilities and commitments, if the information the Customer declared is found to be untrue, or if the suspension described above lasts more than 7 days, Online Server may terminate the agreement unilaterally without any further notice.
8.2 After such a termination, the Customer accepts that it cannot claim back the last fee paid, regardless of the remaining term, and undertakes to pay commercial penalty compensation of 5 times the equivalent agreement fee in force on the termination date.
8.3 The Customer may end this agreement at the end of its term without giving any reason, provided written notice is given 10 days before the normal end of the term.
8.4 If the Customer terminates the agreement before the end of its term, the Customer undertakes to pay half of the fees due until the end of the agreement at once and in advance.
9. Contact and notice addresses
9.1 The parties accept the addresses given in the order as their legal addresses for all notices arising from this agreement.
9.2 Any notice sent to these addresses is deemed delivered even if it does not reach the party. Until a change of address is notified in writing to the other party, the old address remains valid.
9.3 During the agreement, Online Server may send messages, information, letters, warnings, payment notices, account statements and account summaries to the email address assigned to the Customer. The Customer accepts that it cannot claim these messages were not received and that they are legally deemed delivered.
10. Default in payment
10.1 If the Customer does not pay within 7 days of the application date for the services received, the Customer is in default. Online Server may then issue an exchange difference invoice and, if it wishes, claim late payment interest of 7% per month from the invoice date. The Customer accepts to pay this interest and invoice.
10.2 If Online Server takes legal or enforcement action for any amount due under this agreement, the Customer undertakes to pay late payment interest of 7% per month, a penalty of 50% of the outstanding debt, a 10% attorney fee and all other legal costs.
10.3 The Customer accepts that, if Online Server applies to the authorities for a precautionary attachment or injunction to collect amounts due under this agreement, Online Server may obtain them without providing security; if a court nevertheless requires security, the Customer will pay the commission and all costs of the bank letters of guarantee and will raise no objection.
11. Competent courts and enforcement offices
11.1 This agreement, consisting of 10 articles and their sub-clauses, has been read, understood and signed by the parties (signature is deemed to take place when the order is sent to Online Server online). Online Server may add, remove or change articles or sub-clauses when it considers it necessary, and the Customer accepts these changes in advance.
11.2 The courts and enforcement offices of Istanbul are competent to resolve any dispute arising from the application of this agreement.
