These General Terms of Service govern the use of all products and services provided by DomainQ. As they contain your rights, obligations, limitations of liability and dispute resolution methods, please read them carefully before using the Services.
1. Overview and Parties
IMPORTANT NOTICE: These General Terms of Service constitute a contract that creates binding legal rights and obligations between the parties. The Agreement includes provisions on the User's rights and obligations, provisions limiting the Company's liability, indemnification principles, automatic renewal, pricing and payment terms, provisions governing the processing of personal data, and dispute resolution methods. The User must carefully read, understand, and knowingly accept this Agreement and its annexes before using the Services. This Agreement is drafted primarily for commercial customers acting within the scope of their commercial or professional activity; with respect to Users who qualify as consumers, the mandatory provisions of Law No. 6502 on the Protection of Consumers ("Consumer Protection Law") and, in particular, the Distance Contracts Regulation, together with other relevant secondary legislation, remain reserved and applicable in all cases.
These General Terms of Service (the "Agreement") are entered into between DomainQ ("Company", "DomainQ", "we"), headquartered in Istanbul, Turkey, and the natural or legal person ("User", "Customer", "you") who benefits from the domain name registration and renewal, web and server hosting, SSL certificate, e-mail, and any other products and services offered by the Company from time to time (the "Services"), through the website published at www.domainq.com and all subdomains, applications, customer panels and platforms connected thereto (the "Site"), for the purpose of governing the general principles applicable to the use of the Services. In this Agreement, the terms "User" and "Customer" are used synonymously and interchangeably.
By visiting the Site, creating an Account, ordering any Service, confirming an order form, or checking the "I Accept / I Have Read and Understood" box, the User represents that they have read this Agreement, understood its content, and agree to be fully bound by its provisions. This Agreement constitutes a valid, binding and enforceable contract concluded between the parties in electronic form pursuant to the Turkish Code of Obligations No. 6098 ("TCO"); the absence of a wet-ink signature by the parties does not affect the validity of the Agreement.
This Agreement is drafted primarily to govern the relationship between the Company and Users acting within the scope of their own commercial or professional activity ("Commercial Customer"). Nevertheless, with respect to Users benefiting from the Services in the capacity of consumer within the meaning of Consumer Protection Law No. 6502, i.e., without pursuing a commercial or professional purpose, the provisions of this Agreement apply subject to the mandatory provisions of the Consumer Protection Law and the Distance Contracts Regulation. In the event of any conflict between a provision of this Agreement and the mandatory provisions of the Consumer Protection Law or related secondary legislation, the mandatory legislative provisions shall prevail with respect to Users who qualify as consumers; such exceptions are further addressed in the relevant articles of this Agreement.
Each Service offered by the Company may, by its nature, be subject to special service terms, product descriptions, order forms, the Fee Schedule and/or usage policies that supplement and are ancillary to this Agreement ("Additional Service Terms"). The principal examples in this respect include the Domain Name Registration Agreement for domain name registration and renewal services, the Web Hosting/Server Service Agreement for hosting and server services, the Service Level Agreement (SLA) for service level commitments, the Refund and Cancellation Policy, and the KVKK [Law on Protection of Personal Data] Privacy Notice and Privacy Policy governing the processing of personal data. The Additional Service Terms form an integral part of this Agreement, are to be read together with this Agreement, and are deemed accepted upon the purchase or use of the relevant Service.
In the event of a conflict between this Agreement and any Additional Service Terms on a matter specific to the relevant Service, the provisions of the Additional Service Terms specific to that Service shall prevail; for general matters not otherwise regulated in the Additional Service Terms, the provisions of this Agreement shall apply. With respect to domain name services, the rules and policies established by the Internet Corporation for Assigned Names and Numbers ("ICANN") apply to generic top-level domains (gTLDs), while for ".tr" domain names, the rules and policies determined by the Turkey Domain Name Management System ("TRABİS"), operating under the Information and Communication Technologies Authority ("BTK"), and by nic.tr apply; in the event of a conflict between such rules and this Agreement, the mandatory rules of the relevant registration authority (ICANN/TRABİS) shall prevail.
The Company may provide the Services either directly itself or through its affiliates, business partners, or authorized third-party suppliers and subcontractors (such as data center operators, payment institutions, and registrars); this does not relieve the Company of its obligations under this Agreement.
Notices to the Company under this Agreement shall be sent to [email protected], and requests and applications relating to the processing of personal data shall be sent to [email protected]. The Company's notice and business address is Istanbul, Turkey.
2. Definitions
Capitalized terms used in this Agreement shall have the meanings set forth below, unless expressly stated otherwise.
Company / DomainQ: Refers to the business headquartered in Istanbul, Turkey, that offers the Services through the Site and is a party to this Agreement.
Site: Refers to DomainQ's website at www.domainq.com, together with all subdomains connected thereto, mobile applications, customer panel/control panel interfaces, and other digital environments operated by the Company.
Services: Refers to domain name registration and renewal, web and server hosting (shared hosting, VPS, server rental), SSL certificates, e-mail services, software/license sales, and any and all other products, services and add-ons offered or to be offered by the Company from time to time through the Site, without limitation.
User / Customer: Refers to the natural or legal person who visits the Site, creates an Account and/or purchases, uses, or applies to use one or more Services. In this Agreement, these two terms are used synonymously.
Commercial Customer: Refers to a User who benefits from the Services within the scope of its own commercial or professional activity.
Consumer: Refers to a natural or legal person User acting for purposes outside its commercial or professional activity, within the meaning of Article 3 of Consumer Protection Law No. 6502.
Account: Refers to the personalized access record created by the User on the Site to benefit from the Services, consisting of a username, password, and related contact/billing information.
Content / User Content: Refers to any and all data, text, images, software, databases, domain name content, and other materials that the User hosts, transmits, stores, or makes accessible through the Services.
Additional Service Terms: Refers to the special service agreements, product descriptions, order forms, the Fee Schedule, and usage policies published by the Company specific to a particular Service and supplementing this Agreement.
Fee Schedule: Refers to the current price list published by the Company on the Site, showing the fees, billing periods, and payment terms for the Services.
Written Notice / Electronic Notice: Refers to any notice communicated between the parties under this Agreement via e-mail, the notification panel on the Account, or an announcement made on the Site; notices given through these means shall have the effect of written notice.
Business Day: Refers to days on which banks and public institutions are open in Turkey, excluding official holidays, weekends, and religious holidays.
3. Amendment of the Agreement, the Site, and the Services
The Company reserves the right to unilaterally amend, update, add new features to, remove, or limit existing features of this Agreement, the content of the Site, the Fee Schedule, and the scope, content, technical specifications, and manner of presentation of the Services, at any time.
Amendments made to this Agreement shall, unless expressly stated otherwise, take effect as of the date the updated text is published on the Site. The current version of the Agreement shall at all times be accessible on the Site, and the text shall indicate the "Last Updated Date."
If the Company makes a material change to this Agreement or the Fee Schedule to the detriment of the User (for example, a price increase, a material narrowing of the scope of a Service, or the addition of a new fee item), the Company shall send a notice to the e-mail address registered on the User's Account and/or publish an announcement on the Site, generally at least fifteen (15) days before the change takes effect, or within such other reasonable period.
With respect to Users who qualify as consumers, in the case of continuous Services, any adverse change to fees or material terms must, in principle, be clearly notified before the automatic renewal period or the date on which the change is to apply, and where the consumer does not accept the change, the consumer must be able to terminate the relevant Service free of charge and without penalty; this shall apply subject to the mandatory provisions of the Consumer Protection Law and the Distance Contracts Regulation and may not be waived by contract.
The User is obliged to keep the e-mail address and other contact information recorded in the Account information accurate and up to date at all times. Where notices fail to reach the User due to outdated or incorrect contact information, the notice shall be deemed duly given, provided that it was properly sent by the Company to the relevant address or published on the Site, and the Company shall not be held liable in this respect.
Continued use of the Services after the amendments take effect shall be deemed acceptance of the then-current provisions of the Agreement. A User who does not accept the amendments must cease using the relevant Service and exercise any right of termination available under this Agreement and the Additional Service Terms; the exercise of such right shall not extinguish fees and debts accrued up to the date of termination.
The Company reserves the right to temporarily suspend, narrow the scope of, change the technical infrastructure of, or permanently discontinue (end-of-life) the Site or a given Service, in whole or in part. In such cases, reasonable prior notice shall be given unless there is a technical necessity or force majeure; the refund or credit principles applicable to ongoing paid Services shall be governed by the relevant sections of this Agreement, Article 16, and/or the separately published Refund and Cancellation Policy.
4. Eligibility and Authority
To benefit from the Services, the User must be at least eighteen (18) years of age and possess legal capacity to act pursuant to Articles 9-16 of the TCO. Persons lacking or having limited legal capacity to act may only use the Services through their legal representatives and under their supervision and responsibility.
The User represents that it uses the Services primarily within the scope of, and acts in the capacity of, its own commercial or professional activity; the exceptions set out in Article 1 of this Agreement and the mandatory provisions of the Consumer Protection Law remain reserved for Users acting in the capacity of consumer.
If the User acts on behalf of a legal entity (a company, institution, association, foundation, etc.), the User represents and warrants that it is fully authorized to represent that legal entity in a manner that legally binds it to this Agreement. Should this representation prove untrue, any and all liability arising therefrom shall be borne jointly and severally by the natural person confirming/accepting the Agreement and the legal entity on whose behalf they acted.
The User undertakes that all information provided to the Company during the Account creation and ordering processes (identity, contact, billing, tax identification number/Turkish ID number, and similar information) is accurate, current, and complete. The provision of false, incomplete, or misleading information constitutes sufficient grounds for suspension of the Account or termination of this Agreement by the Company for just cause.
The User represents and warrants that it, and, if applicable, the legal entity it represents, its authorized representatives, and its ultimate beneficial owners, are not listed on sanctions lists implemented pursuant to United Nations Security Council resolutions or on restricted/prohibited persons and entities lists published under international sanctions regimes to which the Republic of Turkey is a party, and are not subject to any restriction, measure, or sanction under Law No. 7262 on the Prevention of Financing of Proliferation of Weapons of Mass Destruction or under the regulations of the Financial Crimes Investigation Board ("MASAK").
The Company reserves the right to refuse to provide Services to, suspend Services already being provided to, or suspend the Account of, certain persons, entities, or regions pursuant to applicable Turkish legislation, United Nations sanctions resolutions, or international sanctions regimes to which Turkey is a party.
The User may not create an Account or purchase a Service by impersonating another natural or legal person or by acting on their behalf without authority; any legal or criminal liability arising from acting to the contrary shall belong exclusively to the User.
Where the Company determines that the eligibility and authority conditions set out in this Article have been violated, the Company reserves the right to reject the relevant application or order, immediately suspend the Account, or terminate this Agreement for just cause.
5. Your Account
5.1. Obligation to Provide Accurate, Current, and Complete Information. When creating an Account with the Company and throughout the period of benefiting from the Services, the User is obliged to ensure that all information provided to the Company — including name/title, an address suitable for service of notice, e-mail address, telephone number, tax identification number or Turkish ID number, and billing and payment information — is accurate, current, and complete. The User is obliged to update or notify the Company of any change to such information within a reasonable time via the Account panel.
5.2. The User shall bear sole responsibility for any damage, delay, service interruption, billing dispute, loss of domain name, or dispute with third parties arising from the provision of inaccurate, incomplete, or outdated information. The Company reserves the right to request additional documentation to verify the accuracy of contact and identity information; failure to provide requested documents within a reasonable period constitutes just cause for suspension of the Account or the relevant Service.
5.3. Representation and Authority Statement. Where the User acts on behalf of a legal entity, a commercial enterprise, or a public institution rather than in an individual capacity, the User represents and warrants that it is fully authorized to represent that legal entity and to legally bind it to this Agreement. All consequences arising from unauthorized representation and any third-party losses shall be borne jointly and severally by the natural person carrying out the transaction and/or the legal entity on whose behalf the transaction was carried out; the Company shall have no duty to investigate this matter.
5.4. Account Security, Username, Password, and PIN. It is the User's sole responsibility to keep confidential its username, password, two-factor authentication codes, PIN code, domain name transfer (EPP/Auth) code, and any similar authentication credentials, not to share them with third parties, to use strong and difficult-to-guess passwords, and to activate any additional security measures offered by the Company (such as two-step verification), where available. Any transaction carried out through the Account using correct authentication credentials shall be deemed, until proven otherwise, to have been carried out by the User or by persons authorized by the User.
5.5. Reporting Unauthorized Use. Upon becoming aware of any suspected unauthorized access to its Account or Services, loss of password/PIN, or any indication of a security breach, the User is obliged to notify the Company without delay, and in any event within the shortest reasonable time, through the Company's support channels. The Company shall not be liable for damage arising from transactions carried out through the Account prior to such notification; following notification, the Company shall be entitled to take reasonable security measures, including temporary suspension, password reset, or requesting additional authentication.
5.6. Limitation of Liability and the Company's Role. The Company does not know and does not store in plain text the User's password, PIN code, or other authentication credentials; the Company shall not be liable for damage arising from the User's disclosure or sharing of such information with third parties, or its use over insecure devices/networks. The mandatory provisions under Article 115 of the TCO, pursuant to which liability arising from the Company's intent or gross negligence may not be excluded in advance, remain reserved.
5.7. The Company reserves the right, without prior notice, to temporarily suspend the Account, request additional identity verification documents, and/or temporarily suspend transactions, in the event of suspected fraud, identity theft, suspected money laundering, a request from a competent authority, or suspected security breach. These measures shall be applied without prejudice to the provisions of this Agreement governing suspension and termination procedures.
5.8. Sharing of Account Information with Legal Authorities. The Company has the right and obligation to share Account and usage information with courts, public prosecutors, law enforcement, the Information and Communication Technologies Authority (BTK), or other competent administrative/judicial authorities, upon their duly made request pursuant to Law No. 5651, Law No. 5846, Law No. 6698, and other relevant legislation.
6. General Rules of Conduct and Acceptable Use Policy
6.1. General Principle. The User acknowledges, represents, and undertakes that it will use all Services offered by the Company (including domain name registration, web/server hosting, e-mail, SSL, and related services) exclusively for purposes that are lawful, in accordance with good morals and good faith, and that it will comply with all applicable legislation, in particular the legislation of the Republic of Turkey, including Turkish Criminal Code No. 5237, Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through Such Publications, Law No. 6698 on the Protection of Personal Data, Law No. 6563 on the Regulation of Electronic Commerce, Law No. 5846 on Intellectual and Artistic Works, and Industrial Property Law No. 6769.
6.2. When using the Services or with respect to content hosted, transmitted, or made accessible through the Services, the User may not engage in the following activities, this list being illustrative and not exhaustive:
(a) Producing, hosting, transmitting, or providing access to any content that is contrary to applicable legislation, unlawful, or infringes the rights of third parties;
(b) Producing, hosting, distributing, linking to, or providing access to any content concerning child sexual abuse material (CSAM) or the abuse, exploitation, or sexualization of minors; upon detection of such content, the Company reserves the right to report the matter to the competent authorities (law enforcement, BTK, relevant reporting mechanisms) pursuant to applicable legislation and to remove the content/suspend the Account without delay and without prior notice;
(c) Engaging in content and activities that glorify, incite, finance, organize, or facilitate communication for the purpose of terrorism, terrorist organizations, or violence;
(d) Sending or facilitating the sending of unsolicited bulk e-mail (spam); sending commercial electronic messages (e-mail, SMS, calls, etc.) without the recipient's prior consent (opt-in) and without a corresponding consent record in the Message Management System (İYS) as required by Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages; any liability, including administrative fines, arising from messages sent without consent shall belong to the User;
(e) Hosting, reproducing, or distributing content or software that infringes the intellectual and industrial property rights of third parties (copyright, trademark, patent, design, etc.); failing to comply with notice-and-takedown requests under Additional Article 4 of Law No. 5846 and Industrial Property Law No. 6769;
(f) Publishing content that infringes third parties' right to privacy, personal data, or freedom of communication, or unlawfully collecting, processing, sharing, or disclosing personal data;
(g) Attempting to gain unauthorized access (hacking) to the computer systems, networks, or accounts of the Company or third parties, exploiting security vulnerabilities, or conducting port scanning, penetration testing, or similar activities without the express permission of the relevant system owner;
(h) Producing, distributing, hosting, or using the infrastructure for viruses, worms, trojans, ransomware, botnets, or any similar malicious software; hosting phishing pages or facilitating such activities;
(i) Launching denial-of-service attacks (DoS/DDoS) or using the infrastructure to facilitate such attacks; carrying out transactions using spoofed identity credentials.
6.3. Disproportionate Load on Infrastructure. The User is obliged to avoid disproportionate resource usage that exceeds the technical capacity of the purchased service package (CPU, RAM, disk I/O, bandwidth, number of database connections, and similar resources), adversely affects the service quality of other users on a shared server environment, or endangers the general integrity and security of the Company's infrastructure. Where the Company detects such usage, it reserves the right, after giving reasonable prior notice, to limit resources, direct the User toward a higher-tier package, or, where deemed necessary, suspend the Service; where there is an urgent and ongoing threat to system integrity, this notice may be given concurrently with, rather than prior to, such action.
6.4. Prohibition on Resale. Unless expressly and separately authorized in writing by the Company (e.g., under a reseller program), the User may not resell, rent, sublicense, or commercially transfer the purchased Services, in whole or in part, to third parties. Upon detection of unauthorized resale activity, the Company shall be entitled to suspend or terminate the relevant Service.
6.5. Right to Request Identity Verification Documents. The Company may request official identity documents, signature circulars, tax certificates, activity certificates, or similar documents verifying identity/authority to represent, in cases of suspected fraud, checks conducted pursuant to ICANN/TRABİS/nic.tr rules, complaints of identity theft, requests from competent authorities, or suspected violation of this policy. Failure to provide the requested documents accurately within a reasonable time constitutes just cause for suspension or termination of the relevant Service.
6.6. Call Recording and Marketing Messages. Customer service conversations between the Company and the User may be recorded in accordance with applicable legislation for purposes of quality control, training, and evidence; the User shall be notified of this at the outset of the call. Commercial electronic messages sent by the Company to the User for promotional, campaign, or marketing purposes (e-mail, SMS, calls) shall only be sent based on the User's explicit consent given or registered via the Message Management System (İYS) pursuant to Law No. 6563 and the related regulation. The User may withdraw its consent at any time via İYS or through the opt-out mechanisms offered by the Company; following an opt-out request, the Company shall cease sending commercial electronic messages within a reasonable time. Informational messages relating to service delivery, billing, and service continuity (invoices, outage notifications, security alerts, etc.) do not constitute commercial electronic messages and are not subject to this consent requirement.
6.7. Consequences of Violation. A breach of the obligations set out in this Section may result in suspension of the Service, removal of content, termination of the Account, and/or compensation of damages incurred by the Company from the User, pursuant to the relevant provisions of this Agreement; this also reserves the Company's right to report the matter to the competent authorities and to pursue other remedies available under applicable legislation.
7. Protection of Personal Data
7.1. The Company processes the personal data it obtains in connection with the Services provided under this Agreement in accordance with Law No. 6698 on the Protection of Personal Data ("KVKK") and related secondary legislation. The Company acts as the data controller with respect to personal data collected in connection with Account opening, billing, communication, and the general management of the Service, and determines the purposes and means of processing. With respect to personal data that the User processes, through the Services (for example, via a hosted website, e-mail service, or application), belonging to its own customers, employees, or other third parties, the User acts as the data controller, and the Company acts solely as a data processor providing technical infrastructure in accordance with the User's instructions.
7.2. When processing personal data of third parties through the Services, the User is obliged to fully comply, in its own capacity as data controller, with all obligations arising under KVKK and related legislation (including providing notice of processing, obtaining explicit consent or securing other legal grounds, ensuring data security, and responding to data subject requests); any administrative, legal, or criminal liability arising from the User's breach of these obligations shall belong exclusively to the User, and the Company shall not be held liable to third parties or administrative authorities on this account.
7.3. The purposes for which, and the legal grounds on which, the Company processes personal data belonging to the User and, where applicable, the User's authorized representatives, the parties to whom and purposes for which such data may be transferred, the retention periods, and the rights held by the data subject under Article 11 of KVKK are set out in detail in the Privacy Notice published on the Company's website, which forms an annex to and an integral part of this Agreement. By registering for the Service, the User acknowledges having read and understood the content of the Privacy Notice.
7.4. Where deemed necessary, and in particular where the User processes third parties' personal data on the Company's infrastructure through the Services, the Company may enter into a separate Data Processing Agreement (Supplementary Agreement Regarding the Protection and Processing of Personal Data) governing the parties' mutual rights and obligations, data security measures, and the procedures for cross-border data transfer under Article 9 of KVKK, either at the User's request or in circumstances determined by the Company; where such a Data Processing Agreement is executed, it shall be deemed an annex to and an integral part of this Agreement and shall take precedence with respect to specific provisions governing personal data processing activities.
7.5. The Company takes all necessary technical and administrative measures pursuant to Article 12 of KVKK to prevent unlawful processing of and unlawful access to the personal data it processes, and to ensure the security of such data. The Company retains traffic/log records required under Law No. 5651 and related secondary legislation for the statutory minimum period and solely for the purposes prescribed by that Law (requests from competent authorities, security, and dispute management); such records are deleted, destroyed, or anonymized upon expiry of the relevant statutory period or once the purpose of processing ceases to exist.
7.6. The User has the right, pursuant to Article 11 of KVKK, to: learn whether its personal data is being processed and, if so, request information thereon; learn the purpose of processing and whether the data is used in accordance with that purpose; know the third parties, domestic or foreign, to whom the data is transferred; request the correction of incomplete or inaccurate data; request the deletion or destruction of data under the conditions prescribed by KVKK; request that correction/deletion be notified to third parties to whom the data has been transferred; object to a result arising against it through analysis of the processed data exclusively by automated systems; and request compensation for damage suffered as a result of unlawful processing. Requests concerning these rights may be submitted to the Company through the application channels specified in the Privacy Notice or via [email protected], and will be finalized within the periods prescribed by KVKK.
8. User Content
8.1. Definition. "User Content" means any and all data, files, text, images, audio, video, source code and software, database records, e-mail content, website content, domain name registration/contact information, and any similar material that the User, or any person acting on behalf of or through the Account of the User, hosts, transmits, stores, processes, displays, or otherwise creates through the Services or on the servers, storage space, databases, or applications comprised within the Services. The User bears sole responsibility for the creation, accuracy, currency, and legality of the User Content.
8.2. Prohibited Content. The User may not host, transmit, store, or make accessible, through the Services, any content that violates the prohibitions set out in Article 6 (Acceptable Use Policy) of this Agreement. In addition to this principle, the following types of content, listed by way of example and without limitation, and encompassing any content that is contrary to applicable legislation, are prohibited in all cases:
Content constituting an offense under Turkish Criminal Code No. 5237, including obscenity (in particular, visual or written material relating to child sexual abuse), insult, threat, blackmail, violation of privacy, unlawful recording or dissemination of personal data, fraud, gambling and betting, promotion of the supply or trade of narcotics, propaganda for a terrorist organization, and content inciting the commission of a crime;
Content infringing third parties' copyright, trademark, patent, design, or other intellectual/industrial property rights under Law No. 5846 on Intellectual and Artistic Works and Industrial Property Law No. 6769;
Personal data processed, disclosed, or shared in a manner contrary to Law No. 6698 on the Protection of Personal Data, without the explicit consent of the relevant third parties or without another legal basis;
Malicious software (viruses, worms, trojans, ransomware), phishing pages, tools and scripts intended for unauthorized access or system intrusion; infrastructure used to launch denial-of-service (DDoS) attacks;
Commercial electronic messages (spam) sent without the recipient's consent, and communication activities contrary to Message Management System (İYS) records, in violation of Law No. 6563 on the Regulation of Electronic Commerce and related legislation;
Hate speech, discrimination, content inciting violence; unlicensed betting/gambling sites; fraudulent or misleading financial services activity (pyramid schemes, Ponzi schemes, etc.); the sale of pharmaceuticals, weapons, or hazardous substances contrary to applicable legislation.
8.3. User's Representations and Warranties. With respect to any User Content provided in connection with the Services, the User represents and warrants that: (i) it holds the necessary ownership, license, or usage rights over the content; (ii) the content does not infringe third parties' intellectual/industrial property rights, personality rights, or rights relating to the protection of personal data; and (iii) the content does not violate applicable legislation, in particular the prohibitions set out in this Article and Article 6. Any administrative, legal, or criminal liability arising from the inaccuracy of these representations and warranties shall belong exclusively to the User; the provisions of Article 22 (Indemnification) of this Agreement shall apply with respect to any damage, expense, or third-party claims incurred by the Company as a result.
8.4. Limited License Granted to the Company. The User grants the Company, and, where necessary, the subcontractors/data center providers it uses to perform the Services, a non-exclusive, royalty-free, non-transferable (subject to the right to sublicense to subcontractors) right of use (license), limited solely to the purpose of performing, hosting, transmitting, caching, backing up, displaying, and technically processing the Services. This license shall not be construed as a transfer to the Company of the intellectual/industrial property rights in the User Content, nor as making the Company the owner of the content; such rights shall in all cases remain with the User or the relevant rights-holding third party. This license shall automatically terminate upon expiry of the Agreement, except for the statutory retention periods provided for in Sections 8.6 and 9.6 of this Agreement.
8.5. Hosting Provider Status (Law No. 5651). The Company acts as a "hosting provider" (yer sağlayıcı) within the meaning of Law No. 5651. In this capacity, the Company has no obligation to control the content it hosts or to investigate whether it involves any unlawful activity or situation. The Company takes the necessary actions in accordance with requests from competent administrative and judicial authorities (courts, public prosecutors, the Information and Communication Technologies Authority, the Access Providers' Union, etc.) made pursuant to Law No. 5651 and related legislation, as well as the notice-and-takedown procedures set out in Article 9 of this Agreement. The Company retains the traffic information records it is required to keep in its capacity as hosting provider for the minimum periods prescribed by Law No. 5651 and secondary legislation.
8.6. Backup Responsibility. It is the User's sole responsibility to regularly back up its User Content. Depending on the scope of the service package, the Company may offer an additional value-added backup service; however, unless separately undertaken in writing, this does not create any obligation for the Company and shall not constitute grounds for holding the Company liable for the loss, corruption, or inaccessibility of data. The User is strongly advised to also independently and regularly back up its User Content separately from the Service. This paragraph shall not be construed so as to exclude the Company's liability arising from its intent or gross negligence under Article 115 of the TCO.
9. Content Monitoring, Moderation, and Removal
9.1. No Obligation of Prior Review. The Company has no general obligation to review, audit, monitor, or investigate the lawfulness of User Content before or during the provision of the Services; this is consistent with the regime imposed on hosting providers under Law No. 5651. The Company may use automated scanning and monitoring systems to ensure technical security, detect misuse (spam, resource abuse, DDoS source, malware distribution, etc.), or fulfil obligations under applicable legislation; this does not create an editorial monitoring obligation for the Company and does not imply that the Company had prior knowledge of the content.
9.2. Notice-and-Takedown Mechanism. Third parties who believe that User Content infringes their intellectual/industrial property rights or personality rights, or is otherwise unlawful, may submit a written notice to the Company pursuant to Additional Article 4 of Law No. 5846 and related legislation. The notice must include the complainant's identity and contact information, a specific identification of the content alleged to be infringing and its location, and information/documentation supporting the claim of rights ownership or infringement. The Company shall evaluate duly submitted notices and, where deemed necessary, may temporarily block access to or remove the content, and may share the matter with the relevant content provider (User). With respect to trademarks and other industrial property rights, the provisions of Industrial Property Law No. 6769 apply by analogy. The detailed procedure for notices is set out in Article 18 of this Agreement.
9.3. Removal and Blocking of Access upon Request of Competent Authorities. Pursuant to Law No. 5651 and related legislation, the Company is obliged to block access to, remove, or restrict access to relevant content within the period prescribed by legislation, upon a court decision, a decision of the public prosecutor's office in cases where delay would be prejudicial, a request from the Information and Communication Technologies Authority (BTK) or the Access Providers' Union, or an instruction from another competent administrative/judicial authority. The Company shall comply with requests received in this respect, within the period prescribed by legislation, unless manifestly unlawful, and shall notify the User where necessary.
9.4. Suspension upon Complaint or at the Company's Discretion. The Company reserves the right to temporarily suspend or block access to content or an Account suspected of violating the prohibitions set out in Articles 6 and 8.2 of this Agreement, without waiting for a notice from a competent authority or third party, applying the principle of proportionality and, to the extent possible, giving the User prior notice. In cases of urgent and serious unlawfulness (such as malware distribution, an active cyberattack, or content relating to child sexual abuse), this measure may be applied immediately without prior notice.
9.5. Suspension and Termination for Repeated Violations. Where it is determined that the prohibitions set out in Articles 6 and 8.2 of this Agreement have been violated more than once, or systematically, through the User's Account, the Company shall be entitled, either by giving prior notice or, depending on the severity of the violation, without notice, to temporarily suspend the relevant Account or to unilaterally terminate the Services under this Agreement. In the case of termination or suspension carried out in this manner, previously paid fees shall not, as a general rule, be refunded, subject to the Refund and Cancellation provisions of this Agreement (Article 13) and the Refund and Cancellation Policy.
9.6. Deletion of Data upon Termination. Upon termination of the service relationship (including suspension, termination, or automatic expiry of the Agreement at the end of its term), the Company shall delete or anonymize the User Content within a reasonable time, in an irrecoverable manner, after retaining it for the minimum period required by tax legislation, the log-retention obligations under Law No. 5651, the data processing principles under KVKK No. 6698, and any ongoing legal disputes. The User is obliged to export or back up its own data before the termination of the service relationship; this shall be considered together with the backup responsibility set out in Section 8.6.
10. Availability of the Services
10.1. Reasonable Effort Commitment. The Company shall take all commercially reasonable technical and administrative measures, and shall use its best efforts, to ensure that the Services are accessible on a 365-day, 24-hour (24/7) basis. However, subject to the exceptions listed below, this Article shall not be construed as an absolute guarantee that the Services will operate without any interruption, delay, or error whatsoever.
10.2. Causes of Interruption. Interruptions, slowdowns, or access issues that may occur from time to time in the Services may arise from, among other things, the following non-exhaustive causes:
Maintenance, update, and infrastructure improvement work planned in advance by the Company and, to the extent possible, notified to the User beforehand;
Force majeure events such as earthquake, flood, fire, epidemic, war, act of terrorism, general strike, insurrection, a decision of a government/administrative authority, or a general failure of electricity or communications infrastructure;
Cybersecurity incidents beyond the Company's reasonable control, such as denial-of-service (DDoS) attacks, unauthorized access attempts, or malware infection;
Interruptions caused by third parties on whom the Company relies to provide the Service, such as data centers, internet backbone providers, DNS root/authoritative servers, electricity distribution companies, payment institutions, or similar infrastructure providers;
Access issues arising from the User's own application, software, or configuration error, from exceeding allocated resources, or from a suspension measure applied due to a violation under Articles 6 and 9 of this Agreement.
10.3. Reference to the Service Level Agreement (SLA). The numerical availability (uptime) commitments applicable to the Services, and the service credit/remedy mechanism available to the User where such commitments are not met, are set out in the separately published Service Level Agreement ("SLA"), which forms an integral annex to this Agreement. Entitlement to a service credit under the SLA is conditional on the User submitting a request in accordance with the procedures and time limits specified in the SLA, and on none of the exceptions listed in the SLA (planned maintenance, force majeure, third-party-caused interruption, the User's failure to meet its payment obligations, etc.) being applicable. The service credit provided for under the SLA constitutes the User's sole and exclusive remedy for any damage that may arise under this Article; however, this shall not limit the Company's liability arising from its intent or gross negligence under Article 115 of the TCO.
10.4. No Guarantee of Uninterrupted Service. Other than the reasonable effort commitment set out in this Article, the Company gives no express or implied warranty that the Services will be uninterrupted, error-free, or entirely free of viruses or similar harmful elements, or that they will be absolutely suited to any particular purpose of the User. This provision shall not be construed so as to eliminate the mandatory provisions of the TCO regarding defects, the statutory rights afforded to Users who qualify as consumers under the Consumer Protection Law, or the mandatory rule under Article 115 of the TCO pursuant to which the Company's liability arising from its intent or gross negligence may not be excluded in advance.
11. Fees and Payments
11.1. General Payment Principle. All Services offered by the Company are subject to prepayment, unless otherwise expressly stated on the relevant product page. The User is obliged to pay the fee for its selected service package in full, at the beginning of the relevant period of the Service (monthly, annual, or multi-year), together with confirmation of the order, using the agreed electronic payment method. Services for which payment has not been made shall not be activated, or shall be suspended.
11.2. Prices, Currency, and VAT. All prices published on the Company's website, order, and cart screens are stated in Turkish Lira (TL). Amounts shown on product pages may be listed exclusive of VAT; however, the final amount payable, inclusive of applicable Value Added Tax (VAT), shall be clearly disclosed to the User on the order confirmation screen, and the invoice shall be issued on the basis of that amount.
11.3. Payment Methods. Payments may be collected via credit card, bank/debit card, bank transfer/EFT, virtual POS, or other electronic and digital payment systems deemed appropriate by the Company, processed through licensed payment institutions subject to Law No. 6493 on Payment and Securities Settlement Systems, Payment Services, and Electronic Money Institutions. Card details are not stored on the Company's servers; transactions are carried out through the relevant payment institution's secure infrastructure (such as 3D Secure).
11.4. Changes to Prices and Fees. The Company reserves the right to change the Fee Schedule for its Services at any time due to cost increases, exchange rate fluctuations, supplier/registry authority price changes, or commercial reasons. A change to the current price shall not have retroactive effect on the fee for a service period that has already been paid for and is ongoing; it shall apply only to subsequent renewals or new purchases. The Company shall notify significant price increases to the User's registered e-mail address a reasonable period (at least 15 days) before the renewal date; the safeguards set out in Article 3 of this Agreement remain reserved for Users who qualify as consumers.
11.5. Non-Payment / Failed Collection. If automatic collection or manual payment fails for any reason (card limit, cancellation, bank decline, insufficient balance, etc.), the Company shall notify the User and grant a reasonable additional period. If payment is not made within that period, the relevant Service may be suspended and subsequently terminated. In the event of late payment, default interest may be applied pursuant to Article 120 of the TCO; the Company reserves the right to pursue legal collection (enforcement) proceedings for uncollected receivables and to recover from the User the attorney's fees, enforcement costs, and reasonable administrative expenses incurred in that process.
11.6. Taxes and Other Charges. VAT applicable to the Service fee and any other taxes, duties, and deductions arising under applicable legislation shall be borne by the User and shall be separately shown on the invoice.
11.7. Refund Periods. In cases where the User is entitled to a refund under this Agreement, the separately published Refund and Cancellation Policy, or applicable legislation, the Company shall refund the amount to the User, using the same payment method (credit card refund, bank transfer, etc.), within a reasonable period following approval of the request — as a general rule, within the maximum period of 14 days prescribed by the Consumer Protection Law and the Distance Contracts Regulation. The Company shall not be held liable for delays attributable to the bank or payment institution in connection with the refund.
11.8. Exchange Rate Differences and Fees Payable Abroad. Where amounts payable to registry authorities or suppliers located abroad are affected by exchange rate fluctuations, the Company reserves the right to reflect such differences in renewal prices.
12. Automatic Renewal and Cancellation
12.1. Automatic Renewal Principle. Unless the User expressly requests otherwise, Services purchased from the Company (domain name, hosting, server rental, etc.) shall be automatically renewed at the end of their term for the same period as the Service purchased (for example, an annual package for one year, or a multi-year domain name registration for the relevant term). The User expressly accepts this automatic renewal mechanism at the time of ordering and authorizes the collection of the renewal fee through its registered payment method. Pursuant to the Distance Contracts Regulation and the Consumer Protection Law, Users acting in the capacity of consumer shall receive clear notice before renewal; automatic renewal is based on such prior notice and the User's consent, which the User may withdraw at any time.
12.2. Renewal Fee. The renewal fee is calculated on the basis of the Company's current list price under the Fee Schedule at the time of renewal, rather than any promotional, discounted, or introductory price applicable at the time of the initial purchase of the Service. The User acknowledges that the renewal price applied at the end of the initial term may differ from (and is generally higher than) the initial purchase price.
12.3. Notification Obligation. The Company shall notify the User's e-mail address on record a reasonable period before the renewal date (generally, at least 15-30 days under standard practice). The Company shall not be liable if such notice fails to reach the User for reasons attributable to the User, such as incorrect or outdated contact information or unwanted-mail/spam filters. The User is obliged to keep its contact information up to date.
12.4. Method of Cancellation. The User may cancel automatic renewal at any time, without giving any reason, either by deactivating the relevant Service via the customer panel or by submitting a written request (by e-mail or support ticket) through the Company's support/contact channels. For a cancellation request to be processed in time for the next renewal period, it must reach the Company a reasonable period before the renewal date (within the period specified on the relevant product page).
12.5. Consequences of Failing to Cancel. Unless the User submits a cancellation request before the renewal date, the User acknowledges that the Service will be automatically renewed and the relevant fee will be collected from its registered payment instrument. If automatic renewal fails due to non-collection of payment, the Service may be suspended pursuant to Section 11.5 of this Agreement; if payment is still not made upon expiry of the suspension period, the Service may be terminated. In particular, in the case of domain name registrations, failure to renew or cancellation may result in the expiry of the domain name, its re-registration by third parties, and consequently an irreversible loss of data, brand value, and reputation; the User acknowledges this risk and agrees that responsibility rests exclusively with the User.
12.6. Product- or Campaign-Specific Exceptions. Automatic renewal may not apply to certain Services (for example, one-time setup fees or fixed-term promotional packages); this shall be separately indicated on the relevant product page.
13. Refunds and Withdrawal
13.1. Reference to the Refund and Cancellation Policy. The detailed principles governing refund, cancellation and withdrawal requests are set out in the Refund and Cancellation Policy published on the Company's website, which is an annex to and an integral part of this Agreement; different refund conditions apply depending on the type of Service.
13.2. Refunds Under the Satisfaction Guarantee — Web/Hosting Services Only. The Company grants the unconditional (no-questions-asked) satisfaction-guarantee refund right solely for web/hosting services. Accordingly: (i) for hosting services purchased on an annual or longer term, the User may request a refund within fifteen (15) days of the Service's start (activation) date; and (ii) for hosting services purchased on a monthly term, within three (3) days of the Service's start date, without stating any reason, and the amount paid is refunded. Requests made after these periods, and requests relating to Services outside the scope of this clause, are not considered under the satisfaction guarantee. This satisfaction guarantee is a voluntary commercial commitment of the Company and does not cover other Services such as domain names, SSL certificates, virtual servers (VPS) and dedicated (physical) servers.
13.3. Non-Refundability of Virtual Server (VPS) and Dedicated (Physical) Server Services. Virtual private server (VPS) and dedicated (physical) server rental services are, by their nature, outside the scope of the satisfaction guarantee and the right of withdrawal, and no refund is made for these Services. The legal basis for this is Article 15 of the Distance Contracts Regulation, which governs the exceptions to the right of withdrawal. Namely, these servers: (a) are configured and allocated exclusively in line with the User's requests and personal/commercial needs, with the processor (CPU), memory (RAM), disk and network resources selected by the User, falling under Art. 15/1-(b) ("goods prepared in line with the consumer's requests or personal needs"); (b) are provisioned instantly in the electronic environment and made available to the User immediately, falling under Art. 15/1-(ğ) ("services performed instantly in the electronic environment or intangible goods delivered instantly"); and (c) commence performance immediately with the User's express consent, falling under Art. 15/1-(h) ("services whose performance has begun before the withdrawal period expires").
13.4. Rationale of Dedicated and Depleting Resources. The resources provided to the User under VPS and dedicated server services are, together with their use, exclusively allocated and subject to wear: the IPv4 addresses assigned to the User are, at the moment of allocation, removed from the general IP pool and dedicated solely to the User; disk and SSD units physically wear out through write-erase cycles as they are used; and the server is taken out of stock and reserved for the User for the rental term. Therefore, once the server has been provisioned and put into use, the return of these allocated resources in their original condition and their re-evaluation is not technically or commercially possible. When ordering a VPS or dedicated server, the User expressly acknowledges and declares that they consent to the immediate commencement of the Service's performance and that these Services are excluded from refund for the reasons stated above.
13.5. Non-Refundability of Domain Name Fees. As domain name registration, renewal and transfer transactions are transmitted instantly and irreversibly to the relevant registry authority (an ICANN-accredited registrar, or TRABİS/nic.tr for the ".tr" extension), domain name fees are non-refundable under any circumstances. This is an exception arising from the nature of the registration process, which the User expressly accepts at the time of ordering.
13.6. Right of Withdrawal for Consumers and Exceptions. Users acting as consumers under the Consumer Protection Law (No. 6502) and the Distance Contracts Regulation are, as a rule, entitled to withdraw within 14 days of the conclusion of the contract without stating any reason and without paying any penalty. However, pursuant to Art. 15/1-(b), 15/1-(ğ) and 15/1-(h) of the Distance Contracts Regulation, for Services that are configured in line with the User's needs, performed instantly in the electronic environment, or whose performance begins immediately with the User's express consent — such as domain name registration, activated hosting, virtual server (VPS) and dedicated server provisioning, and SSL certificates — the right of withdrawal becomes unusable once performance/activation of the Service has begun. By approving the immediate commencement of the Service's performance during the ordering process, the User declares that they accept this exception. The provisions of this clause concern only the cases in which the right of withdrawal cannot legally be exercised by consumers; the satisfaction guarantee granted by the Company under clause 13.2 applies to consumers on the same terms.
13.7. Commercial Customers. The right of withdrawal granted to consumers under the Consumer Protection Law does not apply to Users acting as merchants or for commercial or professional purposes; for such Users, refund and cancellation requests are governed exclusively by this Agreement and the Refund and Cancellation Policy. VPS and dedicated server services are also outside the scope of refund for Commercial Customers; the satisfaction guarantee applies only to the hosting services specified in clause 13.2.
13.8. Refund Process. Refund requests must be submitted in writing through the Company's support/customer service channels; refunds approved after the request's conformity with this Agreement and the Refund Policy has been assessed are carried out within the period and by the method specified in Article 11 (Fees and Payments) of this Agreement.
13.9. Bundled Packages. In the case of cancellation of a bundled package in which multiple Services are sold together (for example, hosting together with a free or discounted domain name), only the refundable Service fee (for example, the hosting fee) is refunded; the domain name fee is either not subject to refund pursuant to clause 13.5 of this Agreement, or is deducted from the package price at its market (list) value. In packages that include a VPS or dedicated server, the relevant server fee is excluded from refund pursuant to clauses 13.3 and 13.4.
14. Domain Name Registration Services
14.1. General Framework. The Company provides domain name registration services either directly, as an accredited registrar, or as a reseller/agent of an authorized registrar. Generic top-level domains (gTLDs; e.g., .com, .net, .org) are subject to the policies determined by the Internet Corporation for Assigned Names and Numbers (ICANN), including the Registrar Accreditation Agreement (RAA) and the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Domain names with the ".tr" extension are subject to the registration, allocation, and dispute-resolution rules determined by the Turkey Domain Name Management System (TRABİS), under the oversight of the Information and Communication Technologies Authority (BTK), and by nic.tr.
14.2. Nature of the Registration Process. Domain name registration becomes final upon the User's request being transmitted to, and approved by, the relevant registry authority (an ICANN-accredited registry or TRABİS). The Company shall not be held liable for delays or failures to register arising from a systemic delay, malfunction, or refusal by the registry authority. The ultimate right of use over a domain name is subject to the policies of the relevant registry authority, and the Company acts in this relationship solely as an intermediary/registrar.
14.3. User Representations and Warranties. The User represents and warrants that the WHOIS/contact information provided in the domain name application is accurate, current, and complete; that the domain name does not infringe third parties' trademark rights, trade name rights, or other intellectual and industrial property rights (including those under Industrial Property Law No. 6769); and that it is not registered for unlawful, deceptive, or bad-faith purposes (including cybersquatting). Any legal and criminal liability arising from the inaccuracy of these representations shall belong exclusively to the User; the Company may seek recourse against the User under Article 22 (Indemnification) of this Agreement for claims arising as a result.
14.4. Dispute Resolution. Disputes with third parties relating to gTLD domain names shall be resolved within the framework of ICANN's UDRP policy; disputes relating to ".tr" domain names shall be resolved through the Administrative Dispute Resolution Mechanism provided for under TRABİS and/or before the courts and enforcement offices of Istanbul. The Company is not a party to these dispute resolution processes and is only obliged to implement the final decisions and instructions of the competent registry authority.
14.5. Expired Domain Names. If the User fails to renew an expired domain name in accordance with the principles set out in Article 12 of this Agreement, the domain name shall first be suspended (during which period renewal is generally possible at the standard fee); it may then pass through an additional-fee redemption period pursuant to the policies of the relevant registry authority. If renewal still does not occur during that period, the domain name shall be released and made available for registration by third parties. Provided the Company has given the necessary notices (pursuant to Sections 11.5 and 12.3 of this Agreement), the Company shall not be held liable for any loss of the domain name occurring during this process.
14.6. Non-Refundability of Fees. As domain name registration, renewal, transfer, and redemption fees include amounts paid to the relevant registry authority, they are non-refundable pursuant to Section 13.5 of this Agreement.
14.7. Transfer. The transfer of a domain name to another registrar or another user is subject to the removal of any transfer lock, the provision of the authorization code (auth/EPP code), and the relevant approval processes prescribed by ICANN's Transfer Policy and/or TRABİS rules. The Company reserves the right to apply the transfer lock periods prescribed by legislation (for example, 60 days following registration or a previous transfer).
14.8. Compliance and Cooperation Obligation. The User is obliged to respond, within a reasonable time, to any verification, update, and compliance requests (including WHOIS verification) that may be made by ICANN, TRABİS, and/or nic.tr in connection with the domain name registration; failure to do so may result in suspension or cancellation of the domain name pursuant to the policies of the relevant authorities.
15. Free, Trial, and Beta Services
The Company may, at its discretion, offer its Users free, trial-period, preview, or beta (test) products and services from time to time (collectively referred to in this Section as "Free/Trial Services"). While these services are subject to all provisions of this Agreement, they are also subject to the following additional and/or limiting terms; in the event of conflict, the provisions of this Section shall prevail with respect to Free/Trial Services.
15.1. Provision "As Is". Free/Trial Services are provided "as is" and "as available," without any express or implied warranty. The Company gives no undertaking that these services will be uninterrupted, error-free, secure, fit for a particular purpose, or of commercial quality. This limitation does not eliminate the Company's liability arising from its intent or gross negligence under Article 115 of the TCO; liability remains reserved in such cases. Where the User qualifies as a consumer and a Free/Trial Service is later converted into a paid Service, the mandatory rights under the Consumer Protection Law remain reserved as from the moment of that conversion.
15.2. Modification, Suspension, and Termination. The Company reserves the right, at any time, without any obligation of prior notice and without stating any reason, to modify, limit the functionality of, temporarily suspend, or permanently and entirely discontinue Free/Trial Services. No compensation, refund, or other claim shall arise in the User's favor as a result of any such modification or discontinuation.
15.3. Risk of Data Loss. The User acknowledges that any data it creates, uploads, processes, or stores in connection with Free/Trial Services may be lost, deleted, or rendered inaccessible without any notice, and that the Company makes no commitment regarding backup, data recovery, or data integrity for these services. Regular backup of such data is the sole and exclusive responsibility of the User.
15.4. Feedback and Intellectual Property. Any suggestion, bug report, improvement request, comment, or evaluation ("Feedback") that the User provides to the Company in connection with Free/Trial Services may be freely used, reproduced, processed, and incorporated by the Company into existing or future products and services, without any obligation to pay compensation, obtain approval, or give attribution. The User agrees that all rights necessary for such use, including the economic rights under Law No. 5846 on Intellectual and Artistic Works ("FSEK"), shall be deemed transferred to the Company free of charge, and that the User shall make no claim for compensation, royalty, or damages in connection with the Feedback.
15.5. Conversion to a Paid Version. A trial or beta Service shall only be converted into a paid version with the User's express consent and in compliance with the provisions of this Agreement on pricing, automatic renewal, and payment; no automatic conversion to a paid Service, nor any collection of payment, shall occur without the User's express consent.
16. End of Life (EOL) and Expired Services
The Company reserves the right, for technical necessity, security risk, supplier/infrastructure change, regulatory change, or commercial reasons, to bring any product or Service it offers to the end of its lifecycle ("End of Life" - "EOL") and to discontinue, in whole or in part, the provision of such product or Service.
16.1. Notice Efforts. The Company shall use reasonable commercial efforts to notify the User's registered e-mail address and/or the customer panel of an EOL decision, to the extent possible, at least thirty (30) days before the relevant Service actually terminates. This period may be shortened in the case of a security vulnerability, a mandatory and urgent discontinuation caused by a third-party supplier, an instruction from a competent public authority, or force majeure. Failure to provide the full notice period for any reason shall not prevent the Company from implementing the EOL decision and shall not, by itself, give rise to liability on the part of the Company.
16.2. Available Alternatives. The Company shall, to the extent possible and at its discretion, make efforts to offer the User one or more of the following: (i) tools or support for migrating existing data and settings to a comparable product; (ii) the opportunity to switch to a functionally similar alternative product or Service; or (iii) a proportional refund of the fee corresponding to the unused remaining period of the Service, pursuant to the Company's then-current Refund and Cancellation Policy. The provision of these options is at the Company's discretion and does not constitute a commitment; nevertheless, the statutory rights of Users who qualify as consumers under the Consumer Protection Law and the Distance Contracts Regulation remain reserved independently of the provisions of this Section.
16.3. Scope of Liability. The Company shall not be held liable for loss of business, loss of data, loss of profit, or similar indirect damages arising from the EOL process or from expired/discontinued Services, except where its intent or gross negligence exists under Article 115 of the TCO. This Section applies as a supplementary provision specific to EOL processes, without narrowing the general limitation-of-liability provisions of Article 21 of this Agreement.
17. Intellectual Property — DomainQ Content
17.1. Ownership. All content presented to the User on the Company's website, customer panel, mobile applications, control panels, and in the course of the delivery of its Services — including, without limitation, text, graphics, images, logos, trademarks, distinctive signs, user interface design, software code, algorithms, database structures, documents, guides, and any compilations, adaptations, and derivatives thereof (the "Company Content") — is protected under applicable legislation, in particular FSEK (Law on Intellectual and Artistic Works) and Industrial Property Law No. 6769 ("SMK"), and belongs exclusively to the Company or to third parties who have transferred or licensed their rights to the Company.
17.2. Limited License to Use. This Agreement grants the User a limited, non-exclusive, non-transferable, non-sublicensable right of use, which automatically terminates upon expiry of the Agreement, solely for the purpose of benefiting from the purchased Services during the term of the Agreement and in accordance with the purpose of the Service. This license does not grant the User any ownership right, share, or interest in the Company Content beyond what is expressly stated in this Section.
17.3. Prohibited Uses. Without the Company's prior written consent, the User may not, in whole or in part, reproduce, adapt, modify, communicate to the public, publish, distribute, rent, sublicense, resell, reverse engineer, attempt to decompile, or create derivative works from the Company Content. The User may also not use the Company's trade name, trademarks, logos, and other distinctive signs in a manner that damages the Company's commercial reputation, creates a misleading association, or gives rise to a likelihood of confusion.
17.4. No Transfer of License. No provision of this Agreement shall be construed, expressly or implicitly, as transferring the intellectual and industrial property rights in the Company Content, in whole or in part, to the User. All rights not expressly granted are reserved to the Company, without limitation as to term, geographic scope, or field of use ("all rights reserved").
17.5. Consequences of Violation. A breach by the User of the obligations set out in this Section shall justify suspension or termination of the Service without prior warning and shall reserve the Company's right to pursue legal and criminal remedies under FSEK, SMK, and general legal principles.
18. Notices of Intellectual Property Infringement
18.1. Right to Notify. Rights holders, or their authorized representatives, who believe that content hosted, transmitted, or made accessible by the Company infringes their copyright, trademark, or other intellectual/industrial property rights, may submit a written notice to the Company pursuant to the procedural provisions of FSEK relating to the removal of content from publication and the provisions of SMK No. 6769.
18.2. Content of the Notice. For a notice to be processed, the submission must at a minimum include: (i) the name/title, contact information, and signature (including electronic signature) of the rights holder or its authorized representative; (ii) a description of the work, trademark, or other intellectual property right alleged to be infringed, together with any registration information, if applicable; (iii) the exact address (URL) or precise access information for the content alleged to infringe on the Company's Services; (iv) a good-faith statement that the use complained of is not authorized by the rights holder or by law; and (v) a statement that the information provided in the notice is accurate and complete.
18.3. Application Channel. Notices of intellectual property infringement shall be submitted to [email protected], with the subject line indicating "Notice of Intellectual Property Infringement." Submissions containing incomplete, unclear, or unverifiable information may not be processed; the Company may request additional information and documentation from the applicant where deemed necessary.
18.4. Evaluation and Removal of Content. Upon receiving a duly submitted notice containing sufficient information, the Company may, at its discretion and within a reasonable time, temporarily block access to or remove the content alleged to infringe, or request an explanation from the relevant User. This is a right consistent with the liability regime applicable to hosting providers under Law No. 5651; the Company has no obligation to generally review, in advance, the lawfulness of the content it hosts.
18.5. Counter-Notice. A User whose content has been removed or blocked may submit a reasoned counter-notice to the Company through the same application channel, asserting that the content is lawful and does not constitute an infringement. The Company may evaluate the information and documentation submitted by the parties and decide whether to republish the content or leave it removed; the parties reserve the right to apply to the competent courts or to mediation, pursuant to Article 25 of this Agreement on dispute resolution, for a final resolution of the dispute.
18.6. Bad-Faith or Inaccurate Notices. A party that knowingly submits a false, misleading, or bad-faith notice shall be liable for any damage suffered by the Company and/or the relevant User as a result, pursuant to the general provisions of the TCO on tort and breach of contract. The Company reserves the right not to process notices from, and/or to suspend the accounts of, persons who repeatedly submit bad-faith notices.
18.7. Company's Liability. Provided that it acts in good faith and with reasonable care in accordance with the notices it receives, the Company shall not be held liable to either party for removing or failing to remove content; this limitation does not eliminate the Company's liability arising from its intent or gross negligence under Article 115 of the TCO.
19. Third-Party Links
19.1. Scope. The Company's website, customer panel, or Services may contain links to websites, applications, tools, content, or advertisements belonging to third parties that are not owned or controlled by the Company.
19.2. No Endorsement Implied. The presence of such links within the Company's Services does not mean that the relevant third-party site, application, or content has been reviewed, approved, or endorsed by the Company, or that any relationship or partnership exists between such sites and the Company.
19.3. Limitation of Liability. The Company shall not be held liable for the content, accuracy, currency, security, privacy and personal data processing practices, or products or services of third-party sites, or for any direct or indirect damage the User may suffer as a result of using such sites. This limitation does not eliminate the Company's liability arising from its intent or gross negligence under Article 115 of the TCO.
19.4. User's Risk and Obligation. The User accesses third-party links, conducts transactions on such sites, or obtains services/products from them at its own risk and responsibility; the User is strongly advised to review such sites' own terms of use, privacy policies, and, where applicable, privacy notices under Law No. 6698 on the Protection of Personal Data.
19.5. Reserved Rights. The mandatory provisions arising under the Consumer Protection Law and related secondary legislation remain reserved for Users who qualify as consumers, independently of the limitation of liability set out in this Section.
20. Disclaimer of Warranties
The Services are provided by the Company on an "as is" and "as available" basis.
The Company gives no express or implied warranty that the Services will operate without interruption or error, will be entirely free of viruses and malicious software, will be fit for any particular purpose, or will fully meet the User's expectations.
No assurance is given that the output produced by any automated systems or AI-assisted tools that may be offered as part of the Service (such as automatic content suggestions, automatic backups, security scanning, chatbots, automatic translation, and similar functions) will be accurate, current, complete, or free from infringement of third parties' intellectual or industrial property rights; responsibility for evaluating such output and for the consequences of its use rests exclusively with the User.
In commercial (B2B) transactions where the User does not qualify as a consumer under the Consumer Protection Law, the parties acknowledge that they freely accept, in the exercise of their contractual freedom under the TCO, the limitations on warranties set out in this Article; in such transactions, the protective implied-warranty and defect-related provisions of the Consumer Protection Law specific to consumers do not apply.
Where the User qualifies as a consumer within the meaning of the Consumer Protection Law, this Article shall not eliminate, limit, or exclude the mandatory provisions on defective services set out in Articles 8 through 11 of that Law, nor the rights arising under the Distance Contracts Regulation; such mandatory provisions remain reserved in all cases.
Domain name registration services are conducted subject to ICANN policies (for gTLD domain names) or TRABİS and nic.tr regulations (for ".tr" domain names), depending on the extension; the Company shall not be held liable for disruptions or delays arising from changes to the rules, fees, or operations of these registry authorities.
21. Limitation of Liability
The Company's total liability, whether arising from contract, tort, or any other legal ground, shall in no event exceed the total amount actually paid by the User to the Company for the relevant Service during the twelve (12) months preceding the event giving rise to liability.
The Company shall not be held liable for indirect, incidental, special, punitive, or consequential damages, such as loss of profit, loss of revenue, loss of data, business interruption, loss of reputation or goodwill, or loss of anticipated savings, even if the Company has been advised in advance of the possibility of such damage.
Pursuant to Article 115 of the TCO, agreements made in advance excluding liability for the debtor's (the Company's) intent or gross negligence are absolutely void; accordingly, the limitations and exclusions of liability set out in this Article apply only to cases involving the Company's slight negligence. Where the Company's intent or gross negligence exists, its liability shall remain fully in force and shall in no way be limited by this Article.
Pursuant to Article 115(2) of the TCO, where a court may invalidate a disclaimer of liability even for slight negligence on the ground that the service performed requires special expertise, the limitation set out in this Article shall not apply to that extent.
Pursuant to Article 116 of the TCO, the Company is liable for the culpable acts of its auxiliary persons in performance (including, without limitation, subcontractors, data center operators, payment institutions, and registry authorities) as if such acts were its own; however, this liability is also subject to the limits and exclusions set out in this Article.
Where the User qualifies as a consumer under the Consumer Protection Law, the limitations set out in this Article shall not apply to the extent that they conflict with the mandatory protective provisions in favor of consumers under that Law and related legislation; provisions in favor of the consumer remain reserved in all cases.
The Company shall not be held liable for disruptions, delays, data loss, or service interruptions arising from payment institutions, cloud and infrastructure providers, registry authorities such as ICANN or TRABİS/nic.tr, internet service providers, or other third-party service providers; the Company's liability shall be limited solely to its own direct and culpable acts and omissions.
22. Indemnification
The User agrees, represents, and undertakes to indemnify and hold harmless the Company, its directors, employees, and business partners, upon request and against documented evidence, from and against any and all third-party claims, lawsuits, administrative or judicial investigations, fines, damages, attorney's fees, and litigation costs arising from the User's breach of this Agreement and its annexes or of applicable legislation, the User's unlawful or unauthorized use of the Service, the User's infringement of third parties' intellectual/industrial property rights, personality rights, or other legal rights, or from content uploaded, transmitted, or hosted by the User.
The Company shall notify the User within a reasonable time after becoming aware of any such claim asserted against it. The User shall be entitled to assume the defense, provided it cooperates reasonably with the Company; the Company reserves the right to participate in the process with counsel of its own choosing and to personally take part in the defense in order to protect its own legitimate interests.
This indemnification obligation shall not apply to the extent the alleged damage arises from the Company's own fault (including its intent or gross negligence); the indemnification obligation is limited solely to violations and fault attributable to the User and shall be applied within the framework of the general principles of contractual and tortious liability under the TCO and in accordance with the principle of proportionality.
Where the User qualifies as a consumer under the Consumer Protection Law, this Article shall not be construed in a manner that conflicts with the provisions on unfair terms set out in Article 5 of that Law, and shall not be applied so as to create a disproportionate or unbalanced obligation to the detriment of the consumer.
23. Force Majeure
Natural disasters (earthquake, flood, fire, etc.), epidemics, war, acts of terrorism, civil unrest, general strike or lockout, cyberattacks (DDoS and similar malicious attacks), general failures of energy, telecommunications, or internet infrastructure, binding decisions of competent public authorities (including BTK, TRABİS, courts, enforcement offices, and other official authorities), systemic outages caused by ICANN or relevant registry authorities, and any other similar event beyond the reasonable control of the parties that is unforeseeable and unpreventable, shall be considered force majeure within the meaning of the TCO.
Neither party shall be held liable for any delay, non-performance, or partial performance resulting from a force majeure event for as long as such event continues; performance of the affected obligations shall be automatically suspended for the duration of the force majeure event.
If a force majeure event continues uninterrupted for more than thirty (30) days, either party may terminate the agreement relating to the affected Service without any obligation to pay compensation. In such case, fees accrued for Services actually performed up to the date of termination shall not be refunded; the fee and refund provisions of this Agreement shall apply with respect to any amounts prepaid for a period not yet performed.
A force majeure event does not extinguish the User's payment obligations that became due before the date of the force majeure event; the User shall only be granted a reasonable additional payment period where it is proven that the actual inability to use the payment method arose directly from the force majeure event.
24. Compliance with Local Laws and Sanctions
When using the Services, the User is obliged to comply with all applicable Turkish legislation — in particular, Turkish Criminal Code No. 5237, Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through Such Publications, Law No. 6563 on the Regulation of Electronic Commerce, Law No. 6698 on the Protection of Personal Data, Law No. 5846 on Intellectual and Artistic Works, and Industrial Property Law No. 6769 — as well as the mandatory legislation of any other country in which it operates or from which it benefits from the Service.
The User represents and undertakes that it will not use the Services for, and will not act on behalf of or for the benefit of, any person, entity, region, or activity subject to sanctions under United Nations Security Council resolutions to which the Republic of Turkey is a party or which it implements, Law No. 7262 on the Prevention of Financing of Proliferation of Weapons of Mass Destruction and the presidential decrees issued thereunder, the regulations of the Financial Crimes Investigation Board (MASAK), or applicable foreign trade and export control legislation.
Where the Company determines that the User, an Account authority, or an ultimate beneficiary is listed on an applicable national or international sanctions list, the Company reserves the right to immediately suspend or terminate the relevant Service without any requirement of prior notice; in such event, no refund shall be made to the User, and the Company shall bear no liability for any resulting damage.
The User acknowledges that it shall be personally and exclusively liable for any administrative, legal, or criminal consequences arising from use contrary to this Article, and agrees to indemnify the Company, pursuant to Article 22 (Indemnification) of this Agreement, against any claim, sanction, administrative fine, or damage asserted against the Company as a result of such non-compliance.
With respect to domain name registration and management services, the User acknowledges that it is obliged to comply with ICANN policies and rules for the relevant generic top-level domains (gTLDs) and with TRABİS and nic.tr regulations for ".tr" domain names, and agrees that the Company may share registration and contact information with these authorities or with competent Turkish public authorities upon their lawful request.
25. Dispute Resolution
25.1. Good-Faith Resolution and Prior Application. In the event of any dispute arising from this Agreement or the Services received, the parties shall make reasonable efforts to resolve the matter in good faith before resorting to litigation or mediation. The User shall first submit its complaints and requests to the Company's customer service unit through the Company's customer support portal or support ticket system, or via [email protected]; the Company shall use reasonable efforts to respond to such requests within a reasonable time (generally, within 15 business days).
25.2. Mandatory Mediation as a Condition of Litigation in Commercial Disputes. Where the User qualifies as a merchant within the meaning of Turkish Commercial Code No. 6102 and the dispute arises from a matter relating to the commercial enterprises of both parties, resort to mediation — conducted under Law No. 6325 on Mediation in Civil Disputes, as referred to in Article 5/A of the Turkish Commercial Code and Law No. 7036 — is a condition of admissibility (dava şartı) for claims for payment of a sum of money and related compensation claims. The parties acknowledge that if a lawsuit is filed directly without first applying to a mediator, the court may dismiss the case on procedural grounds for lack of this condition of admissibility. The mediation process shall be conducted before a mediator practicing in Istanbul, either agreed upon by the parties or appointed by the competent Mediation Bureau.
25.3. Governing Law. The formation, interpretation, performance, and termination of this Agreement, and all rights and obligations arising therefrom, are governed by the laws of the Republic of Turkey, in particular the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102, together with other applicable legislation. Where the Agreement contains a foreign element, subject to the provisions of Law No. 5718 on International Private and Procedural Law, the parties have agreed that Turkish law shall apply even in such case.
25.4. Competent Courts and Enforcement Offices. Subject to Sections 25.2 and 25.5 of this Article, the courts and enforcement offices of Istanbul (Çağlayan/Central) shall have exclusive jurisdiction over any dispute arising from or in connection with this Agreement. In consumer transactions where the User does not qualify as a merchant, this jurisdiction clause shall not be construed so as to override the mandatory jurisdiction rules of the Consumer Protection Law; a User who qualifies as a consumer retains, in all cases, the right to apply to the authorities specified in Section 25.5.
25.5. Consumer Transactions. Where the User qualifies as a consumer under the Consumer Protection Law, disputes shall be brought before the Provincial/District Consumer Arbitration Committees, within the monetary limits announced annually by the Ministry of Trade, or before the Consumer Courts for disputes exceeding those limits; the competent committee or court shall be that of the User's place of residence or the place where the transaction was carried out. The Company may not assert any provision that would deprive a User qualifying as a consumer of these rights and remedies.
25.6. Limitation and Preclusive Periods. Unless otherwise provided in this Agreement or in mandatory legislation, claims for receivables, damages, and other claims arising from this Agreement shall be subject to the general and special limitation periods and preclusive periods set out in the TCO.
25.7. Domain Name Disputes. With respect to disputes arising from the allocation or use of a domain name, or its conflict with a third party's trademark or trade name rights, the provisions of ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the policies of the relevant registrar remain reserved for gTLDs, and the provisions of the Administrative Dispute Resolution Mechanism (İDUÇM) operated under TRABİS and nic.tr remain reserved for ".tr" domain names. This Article does not prejudice the operation of these special procedures; the parties may apply to the law and competent courts specified in Sections 25.3 and 25.4, either after exhausting these procedures or concurrently with them.
26. Miscellaneous Provisions
26.1. Assignment and Successors. The Company may assign its rights and obligations under this Agreement, in whole or in part, to third parties in the event of a merger, demerger, acquisition, or transfer of the commercial enterprise or the relevant business unit, subject to prior notice; the User accepts such assignment in advance. The User may not assign or transfer its rights and obligations under this Agreement, in whole or in part, to third parties without the Company's prior written consent (including by e-mail); any assignment made without such consent shall have no effect against the Company. This Agreement shall be binding upon, and inure to the benefit of, the parties and their successors and assigns duly entitled under applicable legislation.
26.2. No Third-Party Beneficiaries. This Agreement creates rights and obligations only as between the parties; unless expressly stated otherwise, it does not constitute a contract for the benefit of a third party within the meaning of Article 129 of the TCO conferring a direct right of action or claim on any third party in favor of either party.
26.3. Interpretation of Headings. The section and article headings in this Agreement are inserted solely for ease of reading and shall not be taken into account in determining the scope or meaning of any provision, nor shall they have any independent legal effect.
26.4. Severability. If any provision of this Agreement is found by a competent court, arbitral tribunal, or administrative authority to be contrary to applicable legislation, invalid, or unenforceable, pursuant to Article 27 of the TCO this shall affect only the relevant provision; the remaining provisions of the Agreement shall remain in full force and effect. The parties shall negotiate in good faith to replace the invalidated provision with a valid and enforceable provision that most closely reflects its intended purpose.
26.5. No Waiver. A delay by either party in exercising any right under this Agreement, or a failure to assert a breach in a timely manner, shall not be deemed a waiver of that right or of rights arising from subsequent breaches. Partial exercise of a right shall not preclude its full exercise, or the exercise of other rights, in the future. Any waiver shall be valid and binding only if made in writing and signed by the waiving party.
26.6. Notices and Service. Notices from the Company to the User may be given by sending them to the e-mail address registered on the User's Account, by publishing them on the Company's customer panel/portal, or, where necessary, by physical mail or registered electronic mail (KEP) to the User's registered contact address; a notice shall be deemed to have reached the User on the date it is sent via e-mail or the panel. Notices from the User to the Company shall be given through the communication channels specified in this Agreement or on the Company's official website (support ticket, [email protected]). The parties are obliged to keep their registered contact information up to date; the relevant party shall be responsible for the consequences of a notice failing to reach it due to outdated information.
26.7. Language of the Agreement. This Agreement is drafted in Turkish. Where translated versions of this Agreement into other languages are published, such translations are for informational purposes only; in the event of any conflict between versions, the Turkish text shall prevail and take precedence.
26.8. Effectiveness. This Agreement takes effect at the time the User confirms/accepts it electronically, whether when placing a service order or through the Company's relevant portal, and remains in effect for as long as the service relationship between the parties continues. Updates made by the Company to this Agreement from time to time take effect as of the date they are published on the Company's official website; the User's continued use of the Services following an update shall be deemed acceptance of the then-current provisions of the Agreement.
26.9. Contact Information. Any questions, requests, objections, or notices relating to this Agreement and the Services provided by the Company may be directed to the Company through the following channels: DomainQ Legal Department, Istanbul, Turkey; general contact e-mail: [email protected]; e-mail for requests relating to personal data: [email protected].
This document is provided for informational purposes only. Please refer to the current version for the final, legally binding text.