1) Subject of the Agreement
The subject of this agreement as described briefly below, is the provisions relating to website hosting, outline of visual and technical design and the domain name registration service, and the protection of the mutual rights.
Web Hosting : The process of hosting the website which has been prepared by NGDatacenter or someone else in accordance with user`s demands and preferences,on NGDatacenter's servers or on servers rented by NGDatacenter or on servers which are available for NGDatacenter and publication of the website.
Web Design : Preparing the visual and technical design of the website in accordance with the users demands and preferences, making it ready to publish in a proper way and delivering it.
VPS,VDS (Virtual Private Server, Virtual Dedicated Server) : These are virtual servers which are installed in accordance with the users demands and preferences and prepared specially for that user after users ordering. Since these services are prepared by the order of user, they are non-refundable
Domain Registration : It's registration of domain which user demands, within the time user points out, in accordance with preferences of user and the informations that user give. Domain Registration is made by ICANN worldwide. And it's not possible that a registered domain gets deleted. Therefore it`s non-refundable.
2) Duration of Agreement
This agreement begins with users payment to NGDatacenter the price user owes due to the order user gives, by using a payment method ( credit cart or money transfer ). It terminates at the end of the service period (per month/ per year) which was chosen by the user during the ordering.
3) Suspending,Limiting or Stopping the Service
User is solely responsible for the content of the website which user publishes in the domain area that is reserved to him/her. User accepts to have all the legal and criminal responsibility for any illegal writing,sound,image or any kind of data in the website. NGDatacenter reserves the right of suspending, limiting or stopping to provide users service by warning or without warning, completely or partially.
Sending Bulk Mail : None of our hosting or virtual server services have bulk mail sending permission. In case of bulk mail sending, the service the user is receiving is stopped without any warning.
Sending SPAM Mails : Spam mail sending is sending e-mail to the recipient without recipients consent. It doesn't matter if one or several spam mails are sent or either it`s for commercial reasons or not. The point that matters on this issue is that either the recipient demands to receive mails or not.In case of any NGDatacenter server entering in the spammer server lists because of sending spam mails, NGDatacenter reserves the right to demand and take the Clearance Price from the user for getting out of lists. Besides, in case of spam mail sending detection, the service which user is receiving is stopped without any warning.
Crimes Related to Intellectual Property : NGDatacenter reserves the right to stop users service in the case of a criminal offence within the content of " Trademark Law"," Act On The Protection of Patient Laws" ( copyright, registered trademarks, service trademarks, commercial secrets, software piracy and criminal offences against patent rights ) and acts which violate the inviolability of the private life.
Crimes Against Public Morality : Publishing "adult" contents which are against public morality and/or accomplice publishing these kind of contents. Try to access computers or accounts of other people illegally ( by behaviours defined as "hacking") and damage computers/networks of other people this way by using NGDatacenter services . Damaging computers or the softwares installed on computers which belong to NGDatacenter Doing these by using NGDatacenter Services : Sharing music files, free e-mail, pirate softwares, toplist, directories ,changing banner , providing downloading or gauge services, run any kind of chat program or interfaces which connect to a chat program, distribute free web spaces to the visitors.
To keep a content which prevents other clients to get the service : Causing the service that other clients receive get affected by using processors (max. %20) or memory sources (max. 512 mb.) excessively on the area that has given by NGDatacenter. In the case of excessive usage of sources, first NGDatacenter suggests the user an upper model of service. If it's not accepted, NGDatacenter has the right to terminate the service.
These circumstances may cause the service to stop : Not to pay the cost of the service completely and in the determined time. Any problem about the payment that is caused by the user if the payment is done with credit card. Publishing anything against the law although not specifically mentioned here by using NGDatacenter services. To endanger NGDatacenter's and other users safety by using the passwords which were given by NGDatacenter. Trying to reach NGDatacenter's informations without permission.
Prices of NGDatacenter's services are defined by US Dollar. These prices don't include legal VAT. VAT is added to the price at the end of order.
Taxes of NGDatacenter services are calculated and denoted in payment pages. Client pays to NGDatacenter by credit carts, money transfer or with cash. NGDatacenter reserves the right not to start or to stop the service until the payment. NGDatacenter reserves the right of changing the service price if necessary. Services that are not renewed and paid , stop within 3 days after the end of service. In the 5. day the service terminate completely and websites get removed from the server. In payments with credit carts if a foreign credit card is used, sum of money may differ because of the currency difference
5) Rights and Responsibilities
All the services which are mentioned in the first item of this agreement are given by NGDatacenter "As Is Based" or "As Available". It means that these services should be accepted by the user as they are given by NGDatacenter. NGDatacenter doesn`t guarantee that any service will be continuous, without downtimes, without errors or reliable on the internet. User accepts not to claim any rights in the case of downtime of service, service stopping ,service being stopped or service causing errors and harm.
6) Correspondence Address
The e-mail address which is given by user during the ordering is the legal residential and contact address. In case of changing this address, user is responsible to declare that in writing. User accepts that any kind of correspondence which is sent to this address will be accepted as notified even if the correspondence doesn't reach to the user.
7) Lapse into Default
If user doesn`t pay the price of the service which user is liable to pay according to the agreement, NGDatacenter may demand %5 delaying cost per month from the invoice date.
NGDatacenter backups servers periodically. But it has no legal responsibility in any possible physical (hardware) failure. User should do the backup procedure himself/herself from control panel.
This agreement consists of 8 items including this one. It's read and signed by both sides.
(Once the order is sent to NGDatacenter on the internet, the agreement is accepted as signed.) NGDatacenter which sells all its services and products only on the internet, warns on the first page of all orders that it won't continue the selling procedure unless this agreement is read, understood and accepted. NGDatacenter may add new items or titles to the agreement, or remove or modify some of them. User accepts all of these possible modifications.