Terms of Service
Scope. These General Terms of Service ("Terms") will be applied to a contract ("Contract") between Zeyrek Teknoloji LTD, a Turkish private limited company with VAT registration number 9981326840 ("Streaming Servers"), address Umit Mahallesi 2539. Sokak 18/2 Cankaya-Ankara/Turkey, and a customer ("Customer") to whom Streaming Servers provides dedicated server, cloud-based infrastructure and software services for the Customer's commercial purposes ("Services").
Contract Documents. The Contract is created when Streaming Servers receives an appropriately filled-in registration or order form ("Order") which the Customer has submitted through a registration and/or purchasing procedure at Streaming Servers's website. In connection with the registration procedure the Customer will create a service account. The Contract is comprised of the Order, service descriptions attached or referred to in the Order, and these Terms.
Provision of Services. Streaming Servers shall provide the Customer with the Services, which are specified in the Order. If the provided Services differ from the specifications, Streaming Servers shall correct the Services promptly after the notification by the Customer.
Support. Streaming Servers shall provide the Customer's administrative users with technical support on the Services through phone, e-mail, and live chat. Contact details and service hours are provided on Streaming Servers's website.
Access to Service Account. The Customer will be responsible for activities that occur under the Customer's service account, including actions taken by the Customer's employees and other representatives as well as their compliance with user instructions and the AUP. The Customer must promptly notify Streaming Servers if the Customer suspects that an unauthorized third party is using, or may have access to, the Services or the Customer's service account.
Third Party Software. The Customer must comply with third party software license terms if the use of such software is offered by Streaming Servers for the provision of the Services, or if such software is obtained and uploaded in the Services by the Customer. Streaming Servers cannot held be responsible for the use and function of third party software. The software provider is solely responsible for the proper functioning as well as its updates and upgrades. If the customer has any issues with the software, so the customer has contact the software provider directly. If software licenses for the administration of the server have to be obtained from third parties, the refunding of license fee is excluded.
External Back-Up Copies. Streaming Servers is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Streaming Servers shall not be liable for loss of data under any circumstance.
Changes to Services. Streaming Servers is entitled to develop its services and business offerings. If Streaming Servers considers that a change will have a material effect in the Services, Streaming Servers will notify the Customer at least 30 days before the change will be effected and reserve the Customer a possibility to terminate the Contract.
Prices. The prices of the Services are specified in the Order. Unless otherwise agreed, Streaming Servers charges the Customer in advance for each period of the Services according to Streaming Servers's price list which is valid at the time. Applicable value added tax and other duties will be added to the prices unless the prices are specified VAT inclusive.
Payment Terms. Streaming Servers shall charge the Services on a pre-paid basis after the Customer has submitted the Order. Invoices are made available on the Customer's service account. For later payments as invoice last due date, we charge a 10% surcharge.
We do Not Issue Refunds for Servers Due to Fraudulent Attempts. Accounts canceled/terminated by all Dedicated and Cloud Servers as well as Streaming Servers are not eligible for a refund. This includes accounts suspended for violations of Terms of Service that the customer has decided not to correct the violation.
Privacy and Personal Data Protection. Streaming Servers will comply with applicable privacy and personal data legislation.
Confidentiality. Each party shall keep the other Party's confidential information as strictly confidential, shall not disclose it to any third party, and shall not use it for any unauthorized purposes. These obligations of confidentiality shall survive the termination of the Contract.
Intellectual Property Rights. All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of Streaming Servers or its licensors.
Limited Warranty. In all respects the Services are provided on "as-is" and "as-available" basis, and Streaming Servers will not give the Customer any warranty or guarantee , express or implied, for the Services, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Temporary Suspension. If the Customer has breached the provisions of the Contract or Streaming Servers has justifiable reasons to believe such a breach exists, Streaming Servers may temporarily suspend the provision of the Services.
Termination for Convenience. The Customer may terminate the Contract for any reason by issuing 5 days written notice to Streaming Servers. Streaming Servers may terminate the Contract for any reason by issuing 30 days written notice to the Customer.
Termination for Cause. Either party may terminate the Contract with immediate effect if the other party has materially breached the provisions of the Contract and has failed to rectify the breach within a 15 days period from the receipt of a written notice thereof.
Entire Agreement and Amendments. The Contract constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Services. All amendments to the Contract must be made in writing. Streaming Servers may modify these Terms and other contract documents by notifying the Customer in writing, such as by e-mail or by posting a revised document version on Streaming Servers's website. If Streaming Servers considers that a revision will have a material effect on the Contract, Streaming Servers will notify the Customer at least 30 days before the revision will be effected and reserve the Customer a possibility to terminate the Contract.
Non-Waiver. A failure by either party to enforce any provision of the Contract will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
Force Majeure. Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Services or the fulfillment of the provisions of the Contract, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the party either directly or through its subcontractor.
Severability. Should any provision of the Contract be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract will remain in full force and effect to the fullest extent permitted by law. The parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Governing Law and Arbitration. The Contract will be governed by the substantive laws of Turkey, with the exception of any conflict of law principles.
ACCEPTABLE USE POLICY
Scope. This acceptable use policy ("AUP") is an integral part of the Contract between Streaming Servers and the Customer.
User Instructions. The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.
Customer's Legal Compliance. The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.
Illegal or Offensive Use of Services. The Customer is not entitled to use the Services for purposes which Streaming Servers deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact Streaming Servers in advance and request permission. The customer agree the exclusion of any refund if one of illegal content below operated by the customer. For example, Streaming Servers considers the following actions or content to be illegal or offensive:
- Use of the Services in connection with fraudulent activities
- Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations
- Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence
- Storage or transfer of, or linking to child pornography or content containing non-consensual sexual acts
- Promotion of illegal material or products
- Unauthorized access to, or attempting to access, systems, networks or data
- Use of a user account or computing without the owner's authorisation
- Collection of user information such as email addresses without the consent of the person identified (phishing)
- Monitoring of network traffic or data without authorization
Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive Streaming Servers's written consent.
Disruptive Use of Services. The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services. For example, Streaming Servers considers the following actions to be disruptive on the operation of the Services:
- Intentional or careless use of the Services in excess of a typically expected server load, such as continuosly high CPU or I/O use rate
- Intentional or careless configuration of servers that enables unauthorized third party access or otherwise lacks adequate security requirements
- Measures which are mainly aimed to circumvent, or interfere with, the monitoring, controlling, or charging of the Services by Streaming Servers
Zeyrek Teknoloji LTD