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By accessing Nodesty and placing an order, you confirm that you accept and are bound by the Terms of Service. (Last Updated: 08/12/2024)

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Parties

1.1: This agreement is between Semih Gökçalık, operating under the nodesty.com brand (hereinafter referred to as the 'Service Provider'), and the individual or entity completing the new customer registration form on the nodesty.com website (hereinafter referred to as the 'Customer'). It pertains to the usage of services provided through the website (hereinafter referred to as the 'Site').

1.2: The parties declare, accept, and undertake that the information specified in this agreement is accurate. The agreement takes effect when the customer purchases the service and/or begins using the Site.

Subject

2.1: This agreement regulates the operations performed by the customer on the Site, orders placed, and messages sent during the registration process. It outlines the services the customer may or may not use, the services to be received based on the preferences made in the orders, and the fees payable to Nodesty in exchange for these services.

2.2: Membership information is provided by the customer during the membership process. All operations are carried out based on this information, and it is assumed that the customer provides this information completely, accurately, and up-to-date.

2.3: nodesty.com may request communication information such as email addresses and phone numbers during registration, purchase, or other transactions for account verification, notifications, or newsletter delivery, under security protocols.

2.4: nodesty.com may use the contact information provided during registration to inform customers about services or send newsletters. Customers can request to opt-out of these notifications via relevant settings on the Site or through the support unit.

Responsibilities

3.1: Nodesty commits to providing the services ordered by the customer as requested. With the confirmation message indicating acceptance of the order, Nodesty acknowledges receipt of the relevant payment and guarantees the provision of the service specified in the order.

3.2: Payment methods and VAT differences are calculated based on the total amount specified during the order process. The customer agrees to pay the fees notified by Nodesty according to their choice of monthly or annual payment.

3.3: The service is initiated following the acceptance of the order and confirmation of transactions. The security of accounts and passwords is the responsibility of the customer. The customer is liable for any loss or damage arising from this information.

3.4: The customer agrees to comply with all declarations and warnings made by Nodesty within the scope of the service received. Additionally, the customer may not distribute or sell the services provided to them for free and unlimited access to third parties, whether for a fee or for free, and whether limited or unlimited.

3.5: The customer agrees not to access files or programs to which they do not have access rights using software and programs used during the service. The customer accepts liability for all damages arising from such access.

3.6: The customer agrees and undertakes to bear all taxes, fees, and similar obligations in effect during the usage of domain name, hosting, or other services, or which come into effect during the contract period.

3.7: The customer accepts responsibility for all files, documents, and programs hosted within the scope of the service, as well as operations performed on websites and email services. The customer bears full legal and criminal liability for unlawful content. Nodesty is not obliged to review, approve, or take responsibility for such data. Nodesty may delete unlawful content and terminate related accounts without notifying the customer.

3.8: Nodesty is not responsible for damages arising from the content, misuse, or emails sent and received through customer data. The customer is responsible for backing up and storing all data. Nodesty does not accept liability for material or non-material damages arising from service interruptions or data losses.

3.9: Nodesty undertakes to fully complete the domain registration processes for domain names ordered and paid for by the customer. The domain owner is the customer once the registration process is completed. Nodesty will perform modifications, changes, and transfer processes for the domain name as per the customer's requests.

3.10: Nodesty's liability for its services is limited to the monthly fee of the service received. Compensation claims for any disruption, issue, or loss in the service cannot exceed the monthly service fee.

3.11: Nodesty takes due care to maintain regular backups of customer data. However, Nodesty is not responsible for data losses due to disruptions in backup processes. The customer is responsible for regularly backing up their data.

3.12: Nodesty specifies the special terms of use for its products and services on the relevant product or service web page. By purchasing a service, the user is deemed to have accepted these terms.

3.13: Nodesty reserves the right to make changes to the products and services offered over time.

3.14: The customer is responsible for using the services in a manner that does not harm other users. Nodesty may warn the customer or temporarily suspend the service without notice if harmful usage is detected.

3.15: Resources described as unlimited must be used in good faith and in accordance with general usage terms. In cases of excessive or abusive use of server resources, Nodesty may warn the customer to rectify the issue or temporarily suspend the service.

3.16: Nodesty reserves the right to terminate the service without any conditions. In such cases, the remaining balance of the service will be refunded to the customer. If the customer does not respond to the refund request, the balance will be credited to the account.

3.17: Expired domain names, hosting, or other services may be suspended or cancelled after the expiration date. Nodesty bears no responsibility for retaining data of expired services.

3.18: Nodesty acts in compliance with ICANN and Registrar firm requirements for domain registration services. The customer is responsible for any technical issues arising from domain transactions.

3.19: The customer is obligated to notify Nodesty of any errors identified in domain registration, renewal, or modification transactions. Otherwise, Nodesty is not liable for resulting damages or losses.

3.20: In domain registration transactions, customer information may be shared as required by ICANN and related operator rules. The customer is responsible for the accuracy of Whois information, and domains may be suspended if the information is not verified.

3.21: Nodesty adheres to ICANN rules and Registrar operator agreements for domain transactions. When rules change, the customer is deemed to have accepted these changes.

3.22: In domain dispute resolution, ICANN and Registrar rules apply. The UDRP process may be applicable, and the customer accepts these terms.

3.23: Whois privacy services are provided to reduce spam and misuse risks but do not guarantee 100% privacy. Nodesty reserves the right to enable or disable this service.

3.24: Nodesty reserves the right to change the terms and prices of domain registration services. Changes are clearly indicated during renewal.

3.25: Expired domains are suspended and fall into the REDEMPTION PERIOD if not renewed. A penalty fee may be required to recover the domain during this period.

3.26: A domain name is not a purchased product but a service granting usage rights for a paid period. Once the period expires, the rights may be transferred to another person.

3.27: Nodesty does not provide download & upload server services. Services involving such usage are cancelled, internet fees are billed, and no refunds are given.

Duration

4.1: This agreement becomes effective when the customer submits the order and payment details to Nodesty.

4.2: The duration of the agreement is limited to the payment period selected by the customer during the order process.

4.3: If neither party provides written notice of termination at least 7 business days before the end of the agreement term, the agreement will automatically renew for the same duration. However, the fees applied during the renewal period may vary.

Fee

5.1: The fees for services specified in this agreement are those notified to the customer during the ordering process. These fees include VAT.

5.2: Nodesty reserves the right to modify pricing and rates for future periods. Customers accept these changes without requiring prior notice.

5.3: Fees are calculated in Turkish Lira based on Garanti Bank or Central Bank exchange rates.

5.4: The customer must complete the payment within two business days after confirming the order. Payments can be made via credit card, bank transfer, or in person.

5.5: If payment is delayed, Nodesty reserves the right to apply late fees and invoice the customer.

5.6: Nodesty may suspend, restrict, reopen, or terminate services if the customer fails to complete payments.

5.7: After making a payment, the customer must notify Nodesty with details including the order number, service name, and payment method.

Service Upgrade/Downgrade

6.1: All services offered by Nodesty can be upgraded upon the customer’s request. However, downgrades are not permitted.

6.2: During an automatic system upgrade, the customer must inform Nodesty system administrators if there are any issues.

Suspension

7.1: Nodesty reserves the right to suspend all services, including email, web, and FTP accounts, due to payment issues, authorisation failures, or non-compliance with the agreement terms.

7.2: During suspension, the customer will not have access to services, and email accounts will be blocked. Incoming emails will be rejected.

Termination

8.1: If the customer violates any provisions of this agreement or provides incorrect information, Nodesty reserves the right to terminate the agreement without prior notice if the suspension period exceeds seven days.

8.2: In such cases, the customer agrees not to request a refund for the remaining term and to pay a penalty of five times the current agreement fee.

8.3: The customer may terminate the agreement without reason at the end of its term by providing written notice at least seven days in advance.

8.4: If the customer terminates the agreement prematurely, they agree to pay half of the remaining service fees upfront.

8.5: If the customer misuses the service (e.g., illegal activities, abuse reports), Nodesty reserves the right to terminate the service immediately without prior notice.

Communication and Notification Addresses

9.1: The parties agree to use the addresses specified in the order form for all legal notifications related to this agreement.

9.2: Notifications sent to these addresses are considered valid even if they are not received by the parties. Address changes must be communicated in writing; otherwise, the previous address will remain valid.

9.3: Nodesty may send messages, notifications, invoices, or statements to the email address assigned to the customer during the agreement period. The customer agrees that these electronic communications are legally binding.

Default in Payments

10.1: If the customer does not pay within seven days after the invoice date, they will be considered in default. Nodesty reserves the right to apply daily or monthly late fees of 7% and invoice the customer for these fees.

10.2: If legal action is initiated to recover unpaid fees, the customer agrees to pay 7% interest, a 50% penalty fee, 10% attorney fees, and other legal expenses.

10.3: For precautionary measures, such as freezing assets or obtaining court orders, the customer agrees to bear all associated costs without objection.

Jurisdiction

11.1: This agreement consists of 10 articles and sub-headings and is considered accepted upon submission of an online order to Nodesty. Nodesty reserves the right to add, remove, or modify terms at any time. The customer pre-accepts these changes.

11.2: For disputes arising from the implementation of this agreement, Antalya Courts and Enforcement Offices will have jurisdiction.