Service and Usage Agreement

Service and Usage Agreement

This contract has been updated on 02.09.2020.

Eunus Information Technologies is briefly referred to as "Esunas" and "Esunas.com" and "Our Company".
Customer and User definitions represent people or organizations that purchase products/services through Eunus and Esunus.com website.
All customers who create an account, shop and provide benefits by accessing the users via the website called www.Esunas.com ("Website") or mobile applications are deemed to have read, understood and accepted the conditions consisting of the following main article and sub-items. It is not possible to create a user account and purchase products/services without accepting all the terms and conditions stated below. All users who create an account and purchase products/services can proceed by accepting this agreement.

This contract; It is submitted to the approval of the customer during membership and product / service purchase, and it is not allowed to proceed without acceptance. It is also constantly posted at the bottom of the site. It is the customer's responsibility to review and read.

This contract imposes the rights and obligations of the parties on the site that is the subject of the contract, and when the parties accept this contract, they accept and declare that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the terms requested in this contract.

RESPONSIBILITIES
1.1 The web software for sale on our site and all pages linked to it are the property of and operated by Esunus.com. Esunus.com always reserves the right to make changes on prices, products and services offered and contracts.

1.2 Esunus.com accepts and undertakes that the member will benefit from the products subject to the contract, except for technical failures.

1.3 The Customer agrees and undertakes not to reverse engineer the use of Esunus products or engage in any other activities to find or obtain their source code. Otherwise, he/she accepts and declares that in case of detection of this activity, all products purchased at that time and the customer account will be canceled without question and no refund will be made in any way.

1.4 It is forbidden to place fake orders for trial purposes through the site. If it is detected, their accounts will be canceled and an account cannot be created again with the current account information.

1.5 The Customer accepts and declares that he will pay the fee to be determined by Esunus.com for modules, requests and arrangements in addition to the web software he will purchase. The customer cannot claim rights regarding the additional modules, requests and arrangements that he will make later in the software. The customer not only obtains the license to use the software, but also purchases the right to use only the additional modules and requests he has made later. Thus, the customer does not have the right to demand that a similar module, arrangement and request not be added to another customer or site or used in general sales. (If there is no additional contract or agreement.)

INTELLECTUAL PROPERTY RIGHTS
2.1 All registered or unregistered intellectual property rights of the title, business name, trademark, patent, logo, design and products on this Site belong to the site operator and owner company or the specified person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any right to such intellectual property rights.

2.2 All products on the Site may not be reproduced, published, copied or transferred in any way. The whole or part of the Site cannot be used on another website without permission.

2.3 The visual design and source codes of all products whose details are given on the site have been registered by the Ministry of Culture and Tourism, General Directorate of Copyrights, and all rights are reserved. It is only sold through our website, the websites of our dealers and our authorized business partners.

INFORMATION PRIVACY
3.1 Esunus.com will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User such as person name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as "Confidential Information" for short.

3.2 Confidential Information can only be disclosed if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.

REGISTRATION AND SECURITY
4.1 The customer must provide accurate, complete and up-to-date registration information. Otherwise, this agreement will be deemed to have been violated and the customer account will be terminated without informing the user.

4.2 The customer is responsible for password and account security on the site and third party sites. Otherwise, Esunus.com cannot be held responsible for data loss and security breaches or damage to hardware and devices.

CONTENT HOSTING (WEB HOSTING/SERVER SERVICES)
5.1 Content hosted

rma, also known as web hosting/web server service; basically, it consists of hosting the CUSTOMER's websites and/or database on Eunus servers and publishing them over the internet.

5.2 By using this Service, the CUSTOMER is deemed to have accepted to comply with the terms and conditions set forth herein. Depending on the terms and conditions of this Agreement, Esunus will provide services with maximum continuity and functionality during the service period, using all reasonable resources.

5.3 CUSTOMER acknowledges that the services may not be accessible or run in some cases, including but not limited to:

- Force majeure (natural disasters such as earthquakes, fires, floods and other human disasters),
- Hardware failures,
-Periodic Maintenance procedures or repairs undertaken by the data center from time to time,
- Causes beyond Esunus' control or unforeseen by Esunus, including but not limited to interruptions or malfunctions in telecommunication or digital transmission lines, malicious network attacks, network density or other malfunctions.

5.4 CUSTOMER acknowledges that Eunus does not have one hundred percent control over the continuity or uninterruptedness of the web hosting/server service it provides, and these are not guaranteed.

5.5 Esunus will make every effort to ensure the continuity of the Services provided to the CUSTOMER.

5.6 CUSTOMER, by purchasing the services subject to this Agreement or creating a customer account; T.C. in electronic mail communication, web publications and all transactions related to this subscription. accepts and undertakes not to act contrary to laws, decree laws, rules and regulations and general morality and decency, and that he is fully responsible for the content of web pages, ftp and other Internet services belonging to himself or his customers.

5.7 The CUSTOMER agrees and undertakes that he/she will not make webcasts or engage in any activity on the prohibited materials listed below. Otherwise, the service received will be canceled without question and no refund etc. will be given. agree that it will not.

prohibited materials;

Topsites
IRC scripts, bots
Proxy scripts/anonymizers
pirated software/warez
Image Hosting Scripts (like Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Name services (commercial banner name cycle)
Dump file/Mirror scripts (similar to rapidshare)
Commercial Audio Broadcast (more than one or two broadcasts)
Escrow account/Bank Bonds
Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Policy Chain)
Unlimited services cannot be distributed to third parties free of charge or for a fee.
The sale of substances whose sale is subject to a permit without prior proof of the existence of the required permit(s)
Programs of banks that determine the market
Lottery/gambling sites
MUDs/RPGs/PBBGs
Sites/archives/programs focused on hacking
Sites promoting illegal activities
Forums or websites that distribute or link to warez/piracy/illegal content
Fraud Sites (including those listed at aa419.org and escrow-fraud.com)
Mailer Pro
Any type of broadcast of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing non-copyrighted content
IRCD (irc servers)
IRC scripts/bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam scripts
Escrow account
Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Policy Chain)
The sale of substances whose sale is subject to a permit without prior proof of the existence of the required permit(s)
Lottery/gambling sites
Sites/archives/programs focused on hacking
Sites promoting illegal activities
Forums or websites that distribute or link to warez/piracy/illegal content
Fraud Sites (including those listed at aa419.org and escrow-fraud.com)
Mailer Pro
Any type of broadcast of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing non-copyrighted content
5.8 Although not specified in the above articles, it is strictly forbidden to carry out any activity that is against the laws in force and constitutes a crime. Otherwise, the CUSTOMER will cancel the service without question and no refund etc. agree that it will not.

5.9 In the event that Esunus services are used and/or mediated to carry out acts contrary to public morals and customs, your service may be restricted or terminated due to your conduct and publications contrary to general morals and traditions. The customer is aware of this.

5.10 It is the CUSTOMER's responsibility to ensure that the scripts/programs installed in the Customer Account are secure and that the access permissions to the directories are set accordingly.

5.11 All relevant equipment, mains

Esunus services, including data and network devices, are for authorized Customer use only. Esunus systems may be monitored for all lawful purposes, including ensuring that use is authorized, administering the system, facilitating protection against unauthorized access, and verifying security procedures, survivability, and operational security. During monitoring, information can be viewed, recorded, copied and used for permitted purposes. Use of the Esunus system(s) constitutes consent to monitoring for these purposes.

5.12 Any account that connects to a third party's network or system without their permission may be suspended. For access to networks and systems that are not under the direct control of the customer, it is obligatory to obtain written consent from the said third party. If it wishes, Esunus may request documents to prove that the access to the third party's network or system is within the scope of permission and may require the submission of such documents.

5.13 Esunus does its best to protect and back up all of the CUSTOMER's data on a regular basis, however, it does not accept responsibility for any errors that may arise in the data it contains. Data backup is the responsibility of the CUSTOMER. The CUSTOMER always assumes the risk of loss and damage to the Website and the files belonging to the entire Website content. The CUSTOMER is completely obliged to protect the confidentiality of the customer's password and account information.

5.14 The CUSTOMER acknowledges that he is responsible for all actions, omissions and expenditures made under his account using his account or password, or related to the site or viewed, linked, stored on the server or published by him.

5.15 CUSTOMER IS OBLIGED TO TAKE THE FOLLOWING MEASURES;

To obtain, request, store and maintain independent archive and backup copies of websites and databases. Web hosting systems may lose their functionality, be damaged or record data in some undesired or unforeseen situations. Although Esunus has taken strong and deep-rooted measures in backup, the Customer is responsible for taking, storing and protecting backups of all website files and databases. Otherwise, Esunus is not responsible for any damage or loss that may occur. The customer accepts, undertakes and declares this.
To ensure the security, confidentiality and integrity of websites and to ensure the confidentiality of account information.
To prevent any loss or damage of websites.
5.16 CUSTOMER undertakes to pay usage fees and related taxes related to web hosting services. Fees are collected in advance with the first order and are requested again at the end of the period unless otherwise stated.

BULK/SINGLE SMS SERVICES
6.1 Bulk/Single SMS services; It includes sms sending services made available to the CUSTOMER via Esunus.com or the API access links it provides.

6.2 The CUSTOMER shall be solely and exclusively responsible to the recipients regarding the Bulk/Single SMSs he/she sends, and shall keep Esunus free from all kinds of demands, claims, objections and complaints from the relevant persons and institutions in any way whatsoever, . . . . has the right to recourse all its damages to itself, and all of the direct and indirect income losses and material and moral damages that may be incurred by Esunus due to all kinds of claims, claims and receivables that may be brought against Esunus, at the first request of Esunus, immediately in cash and accepts, declares and undertakes to indemnify once.

6.3 The CUSTOMER accepts, declares and undertakes to act in accordance with the applicable legislation regarding Bulk/Single SMS sales/sends subject to this Agreement.

6.4 The CUSTOMER, within 5 (five) business days following the first written request of Esunus, without the need for any judgment, to pay the costs and indemnities that Esunus will have to pay to third parties and/or official authorities regarding its obligations under this contract. He agrees and undertakes that he will pay to .

6.5 All kinds of announcements, advertisements, announcements to be made in all channels (television, internet, radio, outdoor announcements, press, etc.) regarding the products subject to this Agreement, Law No. 4077 on the Protection of the Consumer, as amended by Law No. 4822, Communiqué on Commercial Advertisements and Announcements and will comply with the international advertising principles and the decisions of the Board of Advertisement. The CUSTOMER accepts and declares that he is responsible for all kinds of damages and losses that may occur due to the violation of the provisions.

6.6 The CUSTOMER agrees and undertakes that Esunus cannot be held responsible in any way for the accuracy of the information contained in the sent SMS text and the content of the statements, and that he is entirely responsible. In accordance with the decision of the Supreme Board of Elections and the provisions of this agreement, political propaganda via mobile phone

He/she accepts and declares that the messages with the purpose of also are not sent via SMS and/or the internet, and that he/she is responsible for the penalties to be imposed due to violation of the decision in case such a transmission is detected.

6.7 CUSTOMER; T.C. of the expressions in the text of the SMS. It will not constitute a violation of the laws and current legislation, morality, public interest, public security, the indivisible integrity of the Republic of Turkey, that Esunus has the right to block and prevent such statements, that all kinds of legal disputes that Esunus may be exposed to due to these statements and/or accepting, declaring and accepting that he is the addressee of the claims or compensation claims, therefore Esunus knows that if any compensation is paid, he will be recoursed and that he will cover the compensation, penalties, expenses and other costs demanded based on the first application made to him, without the need for any decision to be drawn against him. commits.

6.8 It is accepted that the CUSTOMER obtains the GSM numbers to which he sends SMS legally and by obtaining permission. In this regard, Esunus cannot be held responsible in any way. All legal responsibilities and obligations belong to the CUSTOMER.

OTHER TERMS AND CONDITIONS
7.1 The CUSTOMER shall not engage in any behavior that will harm the commercial reputation, reputation and prestige of Eunus and other customers, as well as all Eunus products, and in case of detection of such situations, the customer account and all connected products and services will be canceled without question/question, and that no refund will be given. It accepts, undertakes and declares that no payment will be made and that it will compensate and provide compensation for all damages and losses incurred by Esunus and its customers due to this situation.

7.2 The CUSTOMER agrees, undertakes and declares that he will indemnify all the damages and losses incurred by Esunus against any claim arising from the use of Eunus' services.

7.3 In the face of Eunus' refusal to provide service, negative (mobbing) behaviors exhibited by the customer, and behaviors that will adversely affect the working performance of Eunus officials and personnel, regardless of who requests it, by refunding the amounts corresponding to the remaining use of the Customer's products/services. reserves the right to cancel the customer account with all its products/services. CUSTOMER accepts and declares this.

7.4 If the CUSTOMER chooses to pay by bank transfer, Eunus activates the service and informs the CUSTOMER as a result of the transfer from the account opened on behalf of the person or institution specified in the CUSTOMER information to the bank account of Eunus specified during the order. All costs of payments belong to the CUSTOMER.

7.5 All periodical products and services are stopped if payment is not made by the end of the service at the latest. Products and services that are not paid within three (3) days following the pause period will be permanently deleted from the system and no responsibility will be accepted. CUSTOMER accepts and declares this.

TECHNICAL SUPPORT
8.1 Esunus accepts and declares that it will provide "free support" in case of errors and problems arising from the product / service for a period of 6 months from the date of purchase of the product / service by the Customer. Problems caused by subsequent interventions by the Customer on the relevant product/service are out of this scope. In such cases, as a solution, the standard version of the relevant product given by Esunus is re-supplied and installed in the system. The customer is aware of this and accepts and declares.

8.2 In the field of "Web Software" service, the customer is obliged to provide and maintain all necessary hardware for the smooth operation of the product/service purchased from Esunus. This equipment is basically declared to the Customer before and at the time of purchase. Some products/services may require additional hardware and software features above the basic level. The customer accepts and declares that in such cases, the additional features declared by Esunus will also be provided.

8.2 The Customer accepts and declares that he/she will receive support service against a fee for all matters "outside the standard operation" of all products and services purchased, and that Esunus cannot provide support service in such cases, even if it is against a fee, in such cases, depending on the workload. it does.

8.3 The Customer accepts and declares that he/she will submit all support requests through the "technical support system" on the Esunus.com website, and that he will not be able to receive support services other than this.

8.4 All support requests created by the customer will be answered by Esunus within 24 hours, depending on the workload.

FORCE MAJEURE
9.1 Not under the control of the parties; Natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (collectively referred to as "Force Majeure" below) arising from the contract. obligations

If arca becomes unenforceable, the parties are not responsible. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

COMPLETENESS AND APPLICABILITY OF THE AGREEMENT
10.1 If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.

CHANGES TO THE AGREEMENT
11.1 Esunus.com may, at any time, change the products and services offered on the site, partially or completely, the terms of this contract. Changes will be effective from the date of publication on the site. It is the user's responsibility to follow and control the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.

NOTICE
12.1 All notifications to be sent to the parties related to this Agreement will be made through the known e-mail address of Esunus.com and the e-mail address specified by the user in the membership form. The user agrees that the address he/she specified while signing up is a valid notification address, that he/she will notify the other party in writing within 5 days in case of changes, otherwise the notifications to this address will be deemed valid.

EVIDENCE AGREEMENT
13.1 In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees that he will not object to these records.

CANCELLATION/REFUND/RIGHT OF WITHDRAWAL
14.1 Right of Cancellation/Return and Withdrawal on Software Products;
In the clause (ğ) of Article 15 of the Regulation on Distance Contracts, the consumer rights law, "Contracts regarding services performed instantly in electronic environment or intangible goods delivered to the consumer immediately." As stated, the Customer cannot use the right of cancellation/refund or withdrawal after purchasing the software product in question. In order to be able to cancel/return and withdraw, it is essential that there is a grievance that cannot be resolved on the software. It cannot be shown as a problem or fault that any feature/feature not in the software or the product requiring expertise cannot be made by non-experts. Before making a purchase, the customer is obliged to examine thoroughly whether the software is suitable for him and to request information if necessary. The customer accepts and undertakes this.

14.2 Changing Licenses for Software Products;
Software products are licensed to the domain name (domain address) declared by the customer at the time of purchase. After licensing, under no circumstances can the domain name (domain address) be changed again. The customer accepts and undertakes this in advance.

14.3 License Assignment/Transfer for Software Products;
The customer cannot transfer/transfer or sell his software license to another person under any circumstances. The customer accepts and undertakes this in advance.

14.4 Rented Software Products;
No license information change, license transfer/transfer can be made for software products that are rented monthly or periodically for more than one month. The customer accepts and undertakes this.

14.5 The customer does not have the right to withdraw, cancel, change or request a refund, provided that there are no problems or grievances arising from our company regarding the products/services listed below.

All kinds of web server (physical server, virtual server) services.
Domain name registration services.
International sms delivery services.
Turkey sms delivery services. (Sms not delivered to the recipient are automatically returned as credit rights.)
Other local and international product/service licenses.
14.7 In case the payments are made with a credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used against his will and illegally. In this case, the card issuer returns the payment amount to the consumer within 10 days from the notification of the objection.

RESOLUTION OF DISPUTES
15.1 (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.