Terms of Service
The following Terms of Service ("TOS," "Terms" or "Agreement") apply to all services provided by Noset Servers ("Noset," "Noset Servers", "we," "us," or "our") to you. By purchasing services from us you agree to this TOS.
1. APPLICATION OF TERMS
1.1. This Terms of Service, together with your Order, applies to all Services provided by Noset Servers to Customer during the Term and represents the entire agreement and understanding between Noset Servers and the Customer, and supersedes any other written or oral agreement.
1.2. The current Terms of Service is always available on Noset Servers' Website. Upon notice published on its Website, Noset Servers may modify and/or amplify these Terms of Service, modify the prices, as well as discontinue or change Services offered. If you do not agree to any changes, you must terminate your Services within ten business days of the date of the change. Only a Noset Servers or its agent, or employees, or contractors may alter this Terms of Service.
1.3. Under the terms of this agreement, your placement of information on Noset Servers' servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Noset Servers' servers, and should notify our Billing Department at +90.216.330.0081 so that we can close your account.
"Customer" means you, as an individual or an entity that uses the Services Noset Servers provide;
"End User" is the individual or entity who uses, or to whom you provide, your services;
"Fee" is the charges set out on the Order, in the currency specified on the Order the Customer is obliged to pay in order to use the Services;
"ICANN" means the Internet Corporation for Assigned Names and Numbers;
"Noset Servers" means the entity delivering the Services to you as set out on the Website and any of its subsidiaries or affiliated entities;
"Order" means the request for the Services to purchase by the Customer;
"Server" means the computer server equipment operated by Noset Servers and/or Noset Servers' business partners, or associates, or providers in connection with the provision of the Services;
"Service" or "Services" means any and all services provided by Noset Servers under this TOS and any other services requested by you which may be provided from time to time as set out on the Website;
"Term" means the prepaid period during which you receive Services from Noset Servers;
"Website" means www.noset.net website pertaining to Noset Servers; and
"You" and "your" mean the person, firm or company who purchases Services from Noset Servers.
3. GENERAL TERMS AND CONDITIONS
3.1. Noset Servers sets out the rules and guidelines for using the Services. By using any Service provided by Noser Servers, you agree that the Services may only be used accordingly to the law. Any use of these Services, which violates any local, state, federal, or international laws, which may apply to Noset Servers, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
3.2. While using the Service, you may not:
3.2.1. Restrict or inhibit any other user from using the Internet.
3.2.2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the Republic of Turkey export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
3.2.3. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).
3.2.4. Transmit any unsolicited commercial or bulk email, and engage in any activity known or considered to be spamming or mail bombing.
3.2.5. Make, attempt or allow any unauthorized access to Website, servers, your own hosting account or the account of any other Customer.
3.2.6. Forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the third parties.
3.2.7. Use the account provided by Noset Servers for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music or video files, copyrighted software, etc.
3.2.8. Agree that you will not use Services to host any website, other content, links or advertisements of websites that:
22.214.171.124. infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
126.96.36.199. profess hatred for particular social, ethnical, religious or other group;
188.8.131.52. contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; illegal or hacking software, any kind of proxy server or other traffic relaying programs; torrent portals;
184.108.40.206. promote money making schemes, multi-level marketing or similar activities;
220.127.116.11. are connected with child abuse or child pornography merchandising.
3.3. You agree that you as the person legally responsible for use of the services are at least 18 years of age at the time of the Order. You agree to supply Noset Servers with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to Noset Servers and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
3.4. You are responsible for obtaining any licenses or permissions from any third party, which are required to or have permission to upload content to the Services.
3.5. You are solely responsible for all passwords and other related information in order to use the Services. You must keep all passwords and other related information confidential and take security measures to prevent any person from gaining access to them.
3.6. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. Noset Servers is not obligated to modify the Services to accommodate your use.
3.7. You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other internet media. The use of Noset Servers or any other service with reference to Services obtained through Noset Servers, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your Services to be terminated immediately and without warning, and you will be held fully responsible for any damages to you, Noset Servers, or any other party or parties resulting from any such conduct.
3.8. You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the internet, including any attempt at unauthorized access.
3.9. You agree to adhere to system policies as published online by Noset Servers, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Noset Servers. You agree to abide by any and all future Noset Servers policy decisions.
3.10. The Services are provided on "as-is" basis. Noset Servers may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary. These differing configurations may result in slightly different performance from the Services. In that case, Customer agrees and undertakes not to request any compensation from Noset Servers.
3.11. The third-party software and services we offer as part of the Service is provided "as-is" and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You are deemed to agree to those terms to by using the Services.
3.12. Noset Servers cannot and shall not provide legal advice referring to the contents of your account and its performance. You shall be solely responsible for verifying whether the content of your account complies with any specific legal act or provision. Noset Servers will not be liable in the event that any part of your account violates any law or regulation.
4.1. You agree to indemnify, defend, and hold harmless Noset Servers, its parent, subsidiary and affiliated companies, third party service providers and each of their employees, officers, directors, shareholders and regardless of the name under which Noset Servers is being represented from any and all liabilities, penalties, losses, damages, costs, expenses, suits, actions, demands, legal and administrative proceedings attorneys' fees, causes of action or claims caused by or resulting indirectly arising from your use of the Services; any violation by you of any of Noset Servers policies; any breach of this TOS; any acts, omissions, or faults by you which damages either you, Noset Servers, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Website content.
4.2. The terms of this section shall survive any termination of this TOS. For the purpose of Article 4.1. of this TOS only, the term "you" as set out in Article 4.1. includes Customer, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by Noset Servers.
4.3. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and will indemnify Noset Servers against all losses and liabilities sustained by Noset Servers should you administer the account in ways that are adverse to the End User and result in any claim against Noset Servers.
5. TERMINATION AND CANCELLATION
5.1. Noset Servers reserves the right to refuse or discontinue service to anyone at Noset Servers's sole discretion. Noset Servers may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Noset Servers, in its sole discretion, believes violates any of the terms and conditions in this TOS. Noset Servers shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
5.2. Noset Servers may terminate this TOS if (i) Customer fails to pay any sums; (ii) in Noset Servers' reasonable opinion, Customer does not have sufficient technical expertise to use the Services without excessive ongoing technical support; (iii) Customer violates this TOS or any agreement between the parties.
5.3. Noset Servers may terminate a particular Order, or aspect of the Services.
5.4. Customers may cancel Services at any time by sending an email to [email protected]. If you do not send an email stating your claim clearly to the abovementioned email address, the Services will not be terminated, and Fees will still be charged. Following your request, Noset Servers will send you an email within 10 (ten) business days about the cancelling process.
5.5. Noset Servers Service Fee is non-refundable. In the event of termination or cancellation, for any reason, Service Fee will not be refunded.
6. REPRESENTATIONS AND WARRANTIES
6.1. You represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand the risks inherent to you and your business that come from using the Services; (iii) you will not violate any applicable laws and/or regulations in your use of the Services; (iv) you own all intellectual property rights in, or have a license to use, any information you provide to Noset Servers necessary for us to perform the Services, or to any information transmitted by us through the Services; (v) you will make backup copies of all information in a location independent of Noset Servers', and will not use Noset Servers' backup as your sole backup; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
6.2. Noset Servers represent and warrant: (i) that we will use commercially reasonable efforts to perform the Services in a professional manner; and (ii) that we have the right to provide all components of the Services to you. Your sole and exclusive remedy for our breach of warranty is for us to reperform the Services, if possible.
6.3. Other than specified in this TOS, NOSET SERVERS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information given by Noset Servers or its agents or employees shall create a warranty. Noset Servers provides no warranty that the Service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Noset Servers be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Webspace, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Noset Servers service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
6.4. You understand that by placing information on Noset Servers' servers that such information becomes available to all internet users and that Noset Servers has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Noset Servers's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Noset Servers or on the internet generally.
7. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, ANY KIND OF RELATIONS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR ANY OTHER LEGAL MATTER. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEE ACTUALLY PAID BY YOU TO NOSET SERVERS FOR THE TERM. IN THE EVENT OF ANY LIMITATION OR EXCLUSION OF THE LIABILITY MENTIONED ABOVE BY LAW BASED UPON THE JURISDICTION YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8. ECPA NOTICE
You agree that Noset Servers is not considered a "secure communications medium" for the purposes of the European Communications Privacy Act, and that no expectation of privacy is afforded.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Noset Servers immediately in writing by registered mail, with return receipt, to Noset Servers, "Caferaga Mah Sarraf Ali Sk. No 36 D 23 Kadikoy Istanbul Turkey". You shall be held fully responsible for any misuse or compromise of your account for which Noset Servers is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Noset Servers has the right to suspend access to the account pending an investigation and resolution. You also agree that Noset Servers has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you.
10. BACKUP OF DATA
10.1. Your use of the Service is at your sole risk. Noset Servers is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Noset Servers' servers.
10.2. Without any promises and/or warranties, if we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use.
You agree to supply appropriate payment for the services received from Noset Servers, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Noset Servers of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Noset Servers may apply the amount due to the provided card at any time. All Fees are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes and fees levied on the Services.
12. APPLICABLE LAW, JURISDICTION, AND RESOLUTION OF DISPUTES
12.1. In the event of a dispute between the parties relating to the Services or this TOS, the parties agrees and undertakes to discuss the dispute and negotiate in good faith in an effort to resolve the dispute.
12.2. This TOS shall be governed by the applicable laws of Republic of Turkey. Customer agrees that all Services provided by Noset Servers provided in the city of Istanbul, Turkey. Customer further agrees that the Central Courts of Istanbul, Turkey, shall have jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this TOS or the Services provided by Noset Servers.
13.1. This TOS supersedes any written, electronic, or oral communication you may have had with Noset Servers or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
13.2. If any provision of this TOS is determined to be void, invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
13.3. The rights and obligations granted under this TOS are personal to Customers, therefore you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part. In the contrary case, Noset Servers does not have any responsibilities arising from such transfer and is entitled to terminate its Services.
13.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.
13.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
13.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
13.7. This Terms of Service does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.