Terms of Service

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TERMS OF SERVICE

Article 1 - Parties

This agreement is deemed to have been executed, under the articles and conditions set out below, between Aironev Bilişim - Tayfun Balcı (hereinafter referred to as Aironev), established at Kızılırmak Mah. 1452. Sokak Next Level Loft Ofis No:6/A Çankaya/Ankara, which provides the services specified in the services section (hereinafter referred to as the Services), and the person/organisation identified by the details given in the new customer registration section (hereinafter referred to as the Customer), and governs the use of the website operating at https://www.aironev.com/ (and its sub-sites) owned by Aironev (hereinafter referred to as the Site) and the services to be purchased through that Site.

Article 2 - Subject Matter

• 2.1 This agreement shall govern the sections that the Customer is or is not permitted to use in its transactions on the Site, its orders and the messages it sends, in line with the information provided during registration, as well as the fees payable to Aironev in return for the services selected in its orders. These services and transactions are described below.
• 2.2 Membership information consists of the details entered by the Customer during registration. As these details form the basis of all transactions, the Customer and member declare and accept that they have entered this information completely, accurately and without error. Where information is found to be incomplete, faulty or incorrect, the Customer account may be cancelled without notice and the Customer may raise no claim in this respect.

Article 3 - Obligations of Aironev

• 3.1 Aironev shall provide the services submitted as an order at the Customer request. By sending the order confirmation message, Aironev acknowledges that it has collected the relevant fee and undertakes to provide the service specified in that order.
• 3.2 Aironev accepts and undertakes to respond to the Customer technical requests concerning active hosting services in a solution-oriented manner within a maximum of 48 hours and to initiate the necessary actions.
• 3.3 Aironev accepts no liability for site access problems arising from outages occurring at the data centre or from issues originating from the server (hardware). All complaints and objections raised on this matter shall be deemed invalid.
• 3.4 Where it deems necessary, Aironev may access the Customer account, review resource usage and visitor logs, check files and usage limits, delete software it considers harmful and update the Customer password. In the event of a password or file change, and provided that no unlawful situation exists, Aironev accepts and undertakes to inform the Customer about the action taken.
• 3.5 From the moment it becomes aware of unlawful acts and conduct, Aironev has the right to delete them without notifying the Customer and to inform the relevant law enforcement authorities of the necessary details.
• 3.6 Aironev cannot be held liable for any pecuniary or non-pecuniary damage arising from the misuse of Customer data held within the service it provides, from data content, or from any data used by e-mail. Unless the Customer purchases a backup service under a special offer or through the system, the obligation to back up and retain all data, files and FTP and MySQL content rests with the Customer.
• 3.7 Aironev is not obliged to perform backups or to store files. Aironev is not liable for errors arising from interruptions or data loss that may occur in its services, nor for loss and damage arising from server problems.
• 3.8 Aironev accepts and declares that, in the event of a possible discontinuation of service, it will prepare all system backups without fault and deliver them to the relevant Customer so that existing active customers do not suffer any loss.

Article 4 - Obligations of the Customer

• 4.1 Following acceptance of the order and confirmation of the transactions, Aironev shall provide the Customer with the control panel, FTP, SQL and e-mail usernames and passwords relating to the service detailed in the order, and the service shall thereby commence. Responsibility for these accounts and passwords rests with the Customer, and the Customer shall be liable for any loss and damage that may arise in this respect.
• 4.2 The Customer undertakes to comply with the statements and warnings issued by Aironev in respect of the service received. The Customer declares, accepts and undertakes to comply with any notice or announcement published by Aironev while using the hosting account.
• 4.3 The Customer may not distribute or sell to third parties, whether for a fee or free of charge and/or on a limited or unlimited basis, the services provided free of charge and without limit within the hosting service it has purchased.
• 4.4 The Customer undertakes not to access files or programs to which it has no right of access by using the software and programs available within the service, not to create any problem through such conduct, and to compensate any damage arising from such issues and problems.
• 4.5 The Customer accepts and undertakes that any taxes, duties and similar obligations that are in force or that come into force during the term of the agreement in connection with the use of the domain name, hosting or other services purchased shall be borne and met by the Customer.
• 4.6 The Customer accepts and undertakes that it is itself responsible for all files, documents and programs hosted under the service ordered from aironev.com or under a special offer submitted to it, and for all transactions carried out and benefits obtained through website and e-mail services, and that it shall bear all civil and criminal liability that may arise from any unlawfulness of such data, information and statements. No fault may be attributed to Aironev in respect of issues arising in this regard.
• 4.7 Before resorting to official channels, the Customer must report its issue to Aironev by e-mail, telephone or Support Ticket and request a resolution. Otherwise, the Customer is deemed to have accepted in advance that any action it brings is unfounded.
• 4.8 The Customer may not direct insults, harassment, profanity or any other abusive language at Aironev staff; in such a case its accounts shall be closed and its backups shall under no circumstances be delivered to it.
• 4.9 If the Customer fails to make payment within 7 days following the invoice due date, Aironev officials are entitled to suspend the service. All liability that may arise from the suspension of the service rests with the Customer, and Aironev accepts absolutely no liability.
• 4.10 The Customer accepts and declares that it has provided all its details correctly at the time of registration and accepts and declares in advance all liability that may arise if it provides incorrect information (national ID number, name and surname, mobile telephone, e-mail address, full address, etc.).

Article 5 - Termination of the Agreement

• 5.1 The rights and obligations of the parties set out in this agreement commence upon submission of the order and payment transactions to Aironev online, or upon an EFT/wire transfer to the Aironev commercial bank accounts in response to a special offer sent to the Customer from a corporate e-mail address with the aironev.com extension.
• 5.2 The term of the agreement corresponds to the monthly or annual payment period selected by the Customer when ordering the relevant service. The agreement remains in force for as long as the service continues.
• 5.3 If the parties have not given notice, at least 10 business days before expiry, that the agreement will terminate at the end of its term, the agreement shall be extended for a further period equal to the previous term under the same terms and conditions, save for the fee.
• 5.4 The parties may terminate the agreement at any time by mutual written agreement.
• 5.5 If the Customer fails to fulfil its obligations under this agreement, Aironev shall notify the Customer that those obligations must be fulfilled and any deficiencies remedied within 15 (fifteen) days, failing which the agreement will be terminated. If the situation is not remedied, the agreement shall be deemed terminated at the end of the 15 (fifteen) day period following service of the notice on the other party.

Article 6 - Pricing

• 6.1 The fee payable in return for the services set out in this agreement is the amount specified during the order process or in the special offer sent. VAT is added to the stated amounts, and collection takes place after the total is presented to the Customer.
• 6.2 Aironev reserves the right to make prospective changes to prices and tariffs without prior notice. Aironev accepts and declares that any such price increase shall not exceed the current consumer price index rate. The Customer accepts, declares and undertakes in advance any changes that may arise in this respect. If the fee is denominated in a foreign currency, it shall be paid in Turkish Lira, converted at the Central Bank effective selling rate on the invoice date.
• 6.3 In the event of late payment, Aironev reserves the right to issue an exchange rate difference invoice. Aironev reserves the right to suspend and reactivate the relevant service until the Customer completes the payment. As stated during the order process, no refunds are made for domain names, SSL certificates and server services (co-location, dedicated, VPS virtual servers).

Article 7 - Prohibited Activities and Liabilities

• 7.1 Aironev is obliged to issue its notices through support tickets on aironev.com and through the e-mail address registered in the system; it is not obliged to give notice by any other means.
• 7.2 In the event of a problem with a recurring or one-off payment, Aironev has the right to suspend all services provided to the Customer, including all e-mail, web and FTP accounts. For as long as this situation continues, e-mail, web and FTP access cannot be carried out on behalf of the Customer, and e-mail accounts are blocked so that incoming e-mails are rejected.
• 7.3 The maximum CPU and RAM usage per site on the server is 50% for all hosting packages. 50% or more of system resources may not be used for longer than 90 seconds. User accounts exceeding the stated limits are suspended by the automation system or by officials without warning. The Customer can monitor CPU usage in real time through the hosting control panel.
• 7.4 Accounts sending spam or virus-infected mail are suspended without notice to the Customer for reasons of system protection, and in such a case the Customer may raise no claim.
• 7.5 The security of all software on the server is the responsibility of our customers. Aironev is not liable for any problem arising from Customer hardware or from unlicensed software belonging to the Customer.
• 7.6 The following activities are strictly prohibited when using Aironev hosting services. Aironev declares that it has given the necessary warnings in respect of the items listed below and that, where they occur, it will apply measures such as suspending, stopping or restricting the service. Furthermore, refund requests are not accepted where these items occur.
  No process opened on the servers on behalf of a user may consume more than 50% of system resources or run for longer than 90 seconds.
  
  *No service running dedicated on behalf of users is permitted to run on the servers.
  *No web spider, indexing software or content-scraping bots are permitted to run on the servers.
  *No software related to IRCd is permitted to run.
  *Neither the clients nor the servers of file-sharing software such as BitTorrent may be run on our servers.
  *No P2P or file-sharing activity is permitted.
  *Running game server software on our servers is prohibited.
  *Cron jobs may not run at intervals shorter than 15 minutes.
  *No MySQL query may run for longer than 15 seconds. Static files (image files, etc.) may not be stored in MySQL databases.
  *Unlawful or unauthorised access, or attempted access, to other computers or networks
  *IRC scripts/bots
  *Pirated software/warez
  *AutoSurf/PTC/PTS/PPC sites
  *Brute-force programs/scripts/applications
  *Mail bombers/spam scripts and Mailer Pro
  *File dump/mirror scripts (for example: rapidshare, rapidleech)
  *Sale of goods without the appropriate permits
  *Sites containing adult, erotic or pornographic content
  *Lottery/gambling sites
  *DDoS attack scripts
  *Cybercrimes as defined in the laws of the Republic of Türkiye
  *Offences defined in the laws of the Republic of Türkiye
  *Hacker-focused sites/archives/programs
  *Sites encouraging unlawful activities
  *Broadcasting or streaming live sports events
  *Selling any material without holding the legal distribution rights.

Article 8 - Confidentiality

1. Both AIRONEV and the CUSTOMER acknowledge that, during the term of this agreement, the parties will have access to each other Confidential Information. As used in this Agreement, "Confidential Information" means information, whether written or in any other form, that is not generally available to the public and that the disclosing party has clearly identified as confidential or as not disclosable in specific circumstances.
2. The obligations of this Article 6 shall not apply to Confidential Information that (i) passed to the parties before its disclosure without any obligation of confidentiality, or was known to the parties on justified grounds; (ii) became generally known to the public without breach of this agreement; or (iii) was obtained by the parties in good faith from a third party entitled to disclose it without any obligation of confidentiality.
3. Both parties agree that, during the term of this agreement and for 6 (six) months following its termination, they will not disclose such Confidential Information to third parties and will not use the other party Confidential Information for any purpose other than exercising the rights and performing the obligations under this agreement. Both parties shall take all necessary measures to prevent the other party Confidential Information from being disclosed or distributed by their employees or agents in breach of this agreement and shall in all cases exercise the same care in respect of the other party information as they do in protecting their own Confidential Information.
4. The obligations set out above shall not restrict either party from disclosing the records and terms of this agreement or the other party Confidential Information pursuant to the decision or requirement of a court or other government authority, provided that the party obliged to make such disclosure informs the other party of that decision or requirement.

Article 9 - Competent Courts and Enforcement Offices

This agreement has been read, understood and executed by the parties. (Execution is deemed to have taken place upon completion of the membership online and submission of the order to Aironev.) The Courts and Enforcement Offices of Ankara shall have jurisdiction over the resolution of any dispute arising during the performance of this agreement.

This agreement consists of ... pages and 9 main articles, has been drawn up in two (2) copies together with its annexes between the parties, and was signed on .../..../....... .

Customer

Aironev Bilişim