Service and Usage Agreement

1- Parties

1.1: This agreement is entered into between KOMA LLC, a Limited Liability Company duly organized and existing under the laws of the State of Wyoming, United States of America (hereinafter referred to as “AdriaWeb”), which provides the services specified herein, and the individual or legal entity whose details are provided during the customer registration process (hereinafter referred to as the “Customer”), regarding the use of the website located at https://www.adriaweb.net (the “Site”) and the services offered through the Site, subject to the terms and conditions set forth in this agreement.

1.2: The parties declare, accept, and undertake the accuracy of the information written in this agreement.

2- Subject

2.1: This agreement will regulate the sections that the customer is permitted and not permitted to do in accordance with the information declared by the customer during registration, in their transactions on the site, in their orders, in the messages they send, the fees they will pay to Adriaweb in return for the services they will receive according to their preferences in their orders, and the manner of use of these services. These service and transaction descriptions are as follows.

2.2: Membership information is the information declared by the customer when becoming a member. Since this information will be based on in transactions, it is assumed that the customer / member has entered this information accurately, completely, and correctly.

3- Responsibilities and Customer Obligations

3.1: Adriaweb will provide the services transmitted as an order upon the customer's request. With the order acceptance message, Adriaweb will confirm that it has collected the relevant fee and will undertake to provide the service specified in the said order.

3.2: The payment method and any applicable taxes or charges will be displayed during the order process.

3.3: After order acceptance and transaction approval, Adriaweb will transmit all usernames and passwords related to the service in the customer's order details to the customer, and the service will commence. The responsibility for the access information related to the relevant services lies with the customer after it is transmitted to them, and the customer will be responsible for any damage and loss that may arise from these issues.

3.4: The customer undertakes to comply with the declarations and warnings received from Adriaweb within the scope of the service or services received. The customer declares, accepts, and undertakes to comply with any warning or notification published by Adriaweb while using its services. The customer cannot distribute or sell the services received free of charge and unlimitedly, whether paid or free and/or limited or unlimited, to third parties. In addition to this agreement, the "general terms of service" and "backup agreement" are essential for service use.

3.5: The customer undertakes not to access files or programs to which they do not have access rights using the software and programs they possess within the service, not to create any problem due to such an issue, and to cover the damages in case of any problems and issues that may arise.

3.6: The customer accepts and undertakes that taxes, duties, and similar obligations that are in force or will come into force during the contract period during the use of the services received belong to them and they will cover them.

3.7: The customer accepts and undertakes that they are responsible for all files, documents, and programs hosted within the service, for all transactions they will use and benefit from with website and e-mail services, and that they will bear all legal and criminal responsibility arising from the illegality of said data, information, and statements. No fault can be attributed to Adriaweb for problems that may arise in this regard. Adriaweb does not review, verify, endorse, or take any responsibility for pages created by the user before they are sent. Adriaweb may terminate user accounts for violating these outlines, for any other reason, or if it believes it is detrimental to its own business or that of any of its users. Adriaweb has the right to delete illegal acts and actions without notifying the customer as soon as it becomes aware of them.

3.8: Adriaweb cannot be held responsible in any way for the content of customer data within the service it provides, for the erroneous / malicious use of this content, or for material or moral damages that may arise from e-mail data sent and received. All data backup and storage obligations belong to the customer. Adriaweb cannot be held responsible for errors, material or moral damages that may occur in case of situations such as interruption or data loss that may occur in its services.

3.9: Adriaweb will show the necessary care and attention for the regular keeping of customer backups, but cannot be held responsible for data losses that the customer may suffer due to problems that may occur in this regard. The customer is obliged to regularly save their own data.

3.10: Adriaweb states the specific terms of use for the products and services it provides on the web page prepared specifically for the product and service. When the customer purchases any of these services, they are deemed to have accepted the terms of that service.

3.11: Adriaweb may make changes to the features and prices of the products and services it provides over time.

3.12: The customer is obliged to use the services they have received in a way that does not harm other users. Adriaweb may warn the customer to correct such uses upon detection or may temporarily suspend the service without notice.

3.13: The customer continues their service by accepting that all resources specified as Unlimited in the services they use are unlimited if used in good faith and in accordance with the general terms of use. In cases such as excessive use of server resources or use of resources for purposes other than intended, Adriaweb may warn the customer and request correction or may temporarily suspend the service without notice. These unintended uses are specified in the "general terms of service".

3.14: Adriaweb will carry out domain name registration procedures ordered by the customer and for which payment has been made smoothly. The customer is the owner of the domain name registered and accepted with the order and whose fee has been paid. Adriaweb will be able to operate on the domain name in line with the customer's requests. The customer will make düzenleme (arrangements), değişiklik (changes), and transfer requests on the domain name through the control panel as soon as possible.

3.15: Domain name registration, renewal, or editing processes are carried out via 3rd party software or manual operations. In case of errors that may arise from such processes, if the user notices the error or is warned by the main registrar company, the customer is obliged to share these notifications with Adriaweb. Otherwise, Adriaweb is not responsible for any disruptions, damages, or losses that may occur.

3.16: In domain name registration services, the responsibility for changing and verifying whois information, the responsibility for the domain name registration password, and the responsibility for the transfer lock belong to the customer.

3.17: Adriaweb reserves the right to change the terms and prices for providing domain name registration and transfer services without notice. These arrangements may affect the next renewal prices of existing registered domain names. If the customer does not want to renew or wants to renew through a different company, they have the right to act within the framework of the rules set by Icann and Trabis.

3.18: If the domain name is not renewed within this period, it will enter the Redemption Period. During this period, the former customer may recover the domain name by paying a redemption fee determined by the domain registry, which may vary depending on the domain name extension. If the domain name is not recovered after the Redemption Period, control of the domain name passes to the discretion of the primary registrar, and it will no longer be possible to recover the domain name through AdriaWeb.

3.19: Domain name services are not a sold product, but a form of service where the right of use is obtained as long as the fee is paid. Therefore, if the fee is not paid within the expiration periods of the domain name, this right may pass to another person.

3.20: The Customer agrees to comply with all applicable local, national, and international laws and regulations, including but not limited to laws related to electronic communications, data protection, cybersecurity, and intellectual property rights.

4- Duration

4.1: The specified rights and obligations of the parties begin with the transmission of the order and payment transactions to Adriaweb via the Internet.

4.2: The contract period is the payment period selected by the customer during the order for the relevant service.

4.3: If the parties have not notified that the contract will end at the end of the term 10 business days before the end of the contract, the contract is extended for the duration of the previous contract period with the same terms and conditions. (Changes in fees are reserved.)

5- Fee

5.1: The fees specified during the order process do not include any applicable taxes or governmental charges, unless explicitly stated otherwise.

5.2: Adriaweb reserves the right to make changes to prices and tariffs prospectively without prior notice. The customer accepts, declares, and undertakes in advance any changes that may occur regarding these changes. The factors affecting the change are inflation and the exchange rate.

5.3: In case of payment delay, Adriaweb does not apply interest but reserves the right to do so.

5.4: Adriaweb reserves the right to suspend or activate the relevant service until the customer completes the payment process.

5.5: As stated during the order, no refunds are made for domain name registration processes.

6- Suspension

6.1: In case of payment problems, Adriaweb reserves the right to stop all services provided to the customer.

6.2: Sending bulk mail via servers is strictly prohibited. If SPAM, which is defined as advertising mail sending, is detected, the process is stopped and the service is temporarily suspended.

6.3: The security of all software on the server belongs to our customers. Our company is not responsible in any way for any issues that may arise from read and write permissions and similar permissions or related to your software.

6.4: All other terms of use are specified in detail in the "general terms of service" agreement.

7- Termination

If the customer violates any article of this agreement and fails to fulfill their responsibilities and commitments, if it is determined that the information declared during registration is not correct, if the suspension of the agreement mentioned above continues for more than 7 days, Adriaweb has the right to terminate the agreement unilaterally without any warning or notice.

After such termination, the customer declares, accepts, and undertakes that they cannot request a refund of the last contract fee paid regardless of the remaining period, and that they will pay a commercial penal compensation of 5 times the current standard contract price on the date of termination.

The customer has the right to terminate this agreement at the end of its term by giving written notice 10 days before the normal expiration of the contract without giving any reason, or by submitting a service cancellation request through the customer control panel.

In case the agreement is terminated by the customer before the end of its term, the customer declares, accepts, and undertakes to pay 1/2 of the fees to be paid until the end of the contract, at once and in advance.

8- Contact and Information Addresses

8.1: The parties have accepted, declared, and undertaken the postal addresses specified in the order address as their legal residence for all notifications arising from the subject agreement. Unless changes to these addresses are notified to us in writing, the old addresses will be valid.

8.2: Adriaweb may send messages, information, texts, warnings, payment notifications, account activity statements, account statements to the e-mail address declared by the customer during registration within the contract period. The customer cannot claim that they did not receive or that the said electronic messages did not reach them, and declares, accepts, and undertakes that the said messages will be deemed legally notified 1 day after the date they were sent.

9- Default in Payment of Fee

9.1: If the customer does not make payment within 7 days following the application date for the services received, they are deemed to be in default. In this case, Adriaweb does not apply interest but may demand a monthly default interest of 15% from the invoice date if it wishes. The customer declares and accepts to pay this default interest.

9.2: The customer declares, accepts, and undertakes to pay a monthly default interest of 15%, a penalty of 50% of the outstanding debt amount, 10% as attorney's fees, and all other legal expenses if Adriaweb files a lawsuit or initiates enforcement proceedings for any receivables arising from this agreement.

9.3: The customer declares, accepts, and undertakes that if Adriaweb applies to legal authorities for Precautionary Attachment and Precautionary Injunction for the collection of receivables arising from this agreement, Adriaweb is authorized to obtain a Precautionary Attachment and Precautionary Injunction decision without collateral, but if collateral is requested by the courts despite this, commissions and all kinds of fees arising from letters of guarantee to be obtained from banks will be paid by them and they will not object to these issues in any way.

9.4: If the customer does not make the payment within 5 (five) days despite warnings, Adriaweb reserves the right to suspend the service. Adriaweb cannot be held responsible for services that are unpaid, canceled, and deleted.

9.5: Additionally, in physical and virtual server rental services; if payment for service renewal fees is not made and/or collections cannot be realized within 2 (two) calendar days following the service end date, the relevant services are suspended. If payment for service renewal fees is not made and/or collections cannot be realized within 10 (ten) days following the service end date, all data related to the relevant service is deleted for security reasons and the service is automatically terminated and canceled. Adriaweb cannot be held responsible for data loss in canceled services.

10- Prohibited Activities

Performing the following activities using SERVICE PROVIDER services is strictly prohibited. Although the SERVICE PROVIDER has no obligation to monitor content, it reserves the right to stop, restrict, or completely terminate the services of users if these activities are detected.

10.1: Prohibited activities include, but are not limited to, those listed below and cover all types of acts and behaviors considered crimes by law.

a. Spamming
Spam is the sending of bulk and/or commercial messages via the internet without the recipient's consent. Spamming damages the commercial reputation and reliability of the SERVICE PROVIDER, and may also cause its systems to be exposed to overloads and reduce the quality of services provided to customers.
Those receiving relevant services from the SERVICE PROVIDER cannot send spam, nor can they operate their systems unprotected and open to the use of third parties/institutions in a way that facilitates spamming.

b. Violations of Intellectual Property, Privacy, and Personal Rights,
This includes any acts that violate intellectual property rights, privacy rights, personal rights, or applicable commercial, civil, or criminal laws in any applicable jurisdiction.

c. Phishing Attacks
Phishing is the acquisition of many private details of users, from identity information, credit card information, bank account numbers to the internet password for this account, by deceiving users through fake internet pages and e-mails.

d. Illegal or Unauthorized Access to Other Computers and Networks
Attempting to access others' computers, user accounts, or networks through unauthorized or illegal means (hacking) and other activities that enable illegal or unauthorized access to systems (port scan, stealth scan, etc.).

e. Activities Related to Spreading Viruses, Worms, Trojan Horses, etc., Harmful Data
Internet viruses, sending trojan horses, or activities such as pinging, flooding, mailbombing that may cause disruption in other users' use of the SERVICE PROVIDER network or other connected networks, systems, services, or devices.

f. Excessive Resource Usage on Shared Servers
Within the scope of hosting services, the SERVICE PROVIDER has services provided over shared hardware platforms. In cases where a website published within this service generates excessively high traffic or uses excessive resources, or where e-mail addresses used within the e-mail hosting service send and/or receive a high volume of e-mails, or where a virtual server used within the shared hosting service uses excessive processor power or generates excessive traffic, the SERVICE PROVIDER reserves the right to stop the service for a short or indefinite period without prior notification to prevent adverse effects on the services of customers receiving service from the same hardware platform.

11- Validity of the Agreement and Termination for Breach

11.1: Changes to this agreement, which the customer approved during the online application, will be notified to the customer by publishing on the website and/or via e-mail. By continuing to use Adriaweb's services, the customer will be deemed to have accepted the amended contract terms.

11.2: The customer can terminate the contract at any time by notifying until the renewal date of the received service specified on the site, or by submitting a cancellation request through the customer control panel.

11.3: The contract may be terminated unilaterally by Adriaweb without notice for the following reasons.

a. The customer's complete or partial transfer of the services being received or the rights granted to them by this contract without Adriaweb's written consent

b. A bankruptcy decision against the customer or suspension of their payments

c. The customer's default in paying the price of the services provided by Adriaweb, as stipulated in article 9.1.

d. If the customer violates the conditions specified in this contract or in the "general terms of service," Adriaweb may terminate the services provided to the customer without prior notice and/or terminate the contract. In this case, refunds of fees previously paid by the customer will not be made.

12- Resolution of Disputes and Competent Court

12.1: This agreement, consisting of 11 main articles and subheadings, has been read, understood, and signed by the parties. (Signing is considered to have occurred when the order is sent from the site to Adriaweb). Adriaweb may add new articles and/or subheadings, remove them, or make changes to articles if it deems necessary. Adriaweb notifies its customers of these changes via e-mail, and the customer declares and undertakes that they accept these changes in advance.

12.2: This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, USA.

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