FabNet Technology and Internet Services

Service and Usage Agreement

Last Updated: 02.02.2023

FabNet Technology and Internet Services Briefly referred to as “FabNet”, “Fabnet” and “netsa.net.tr” and “Our Company”.
Customer and User definitions represent the people or organizations that purchase products/services through Netsa and netsa.net.tr website.
All customers who create an account, shop and gain benefits by accessing the users through the www.netsa.net.tr website ("Website") or mobile applications are deemed to have read, understood and accepted the terms and conditions consisting of the following main 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 on our site and all pages linked to it are the property of and operated by netsa.net.tr. netsa.net.tr always reserves the right to make changes on prices, products and services offered and contracts.

1.2 Netsa.net.tr accepts and undertakes that the member will benefit from the contractual products, excluding technical failures.

1.3 The Customer agrees and undertakes not to reverse engineer the use of FabNet 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 agrees and declares that he will pay the fee to be determined by netsa.net.tr for modules, requests and arrangements in addition to the web software to be purchased. The customer cannot claim rights regarding 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, brand, 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 Netsa.net.tr 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, netsa.net.tr cannot be held responsible for data loss, security breaches or damage to hardware and devices.

RIC HOSTING (WEB HOSTING/SERVER SERVICES)
5.1 Content hosting, also known as web hosting / web server service; basically, it consists of hosting the CUSTOMER's websites or database on NetsaWeb 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, FabNet will provide services with maximum continuity and operability, using all reasonable resources during the service period of FabNet.

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,
- Reasons beyond Netsa's control or unforeseen by netsa.net.tr, 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 FabNet 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 FabNet 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 engage in any activity that is against the applicable laws 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 FabNet services are used and/or mediated to carry out acts contrary to publicly accepted morals and customs, your service may be restricted or terminated due to your conduct and publications contrary to general morality and customs. The customer is aware of this.

5.10 Ensure that the scripts/programs installed in the Client Account are secure and that the access permissions to the directories are set accordingly.

It is the CUSTOMER's responsibility.

5.11 FabNet services, including all associated equipment, networks and network devices, are for authorized Customer use only. FabNet 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 FabNet 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. FabNet may, if it wishes, request documentation to prove that access to the third party's network or system is authorized, and may require the submission of such documentation.

5.13 FabNet 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 of any website content made under his account using his account or password, or viewed, linked, stored or published on the server in connection with or belonging to the site.

5.15 THE CUSTOMER IS RESPONSIBLE FOR TAKING THE FOLLOWING MEASURES;

To prevent any loss or damage to the websites,
To obtain, request, store and protect independent archive and backup copies of websites and databases,
To ensure the security, confidentiality and integrity of websites and to ensure the confidentiality of account information.
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 netsa.net.tr 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 will keep FabNet free from all kinds of demands, claims, objections and complaints from the related persons and institutions in any way whatsoever, FabNet . . . has the right to recourse all damages to itself, and all direct and indirect income losses and material and moral damages that FabNet may suffer due to all kinds of claims, claims and receivables that may be brought against FabNet, at FabNet's first request, 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 shall be liable for the costs and compensations that FabNet will have to pay to third parties and/or official authorities regarding its obligations under this contract, without the need for any judgment, within 5 (five) business days following FabNet's first written request. He agrees and undertakes that he will pay to .

6.5 All kinds of advertisements, 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 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 CUSTOMER agrees and undertakes that FabNet 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 it is entirely responsible. In accordance with the decision of the Supreme Board of Elections and the provisions of this contract, he accepts and declares that messages with the purpose of political propaganda on his mobile phone are not sent via SMS and / or the internet, and that he 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. Laws and applicable legislation, morality, public interest, public safety, the state of the Republic of Turkey

It will not constitute a violation of its inalienable integrity, FabNet has the right to block and block such statements, any legal disputes and/or compensation claims that FabNet will be exposed to due to these statements are the addressee itself, and that FabNet will be entitled to any compensation if any compensation is paid for this reason. He/she accepts, declares and undertakes that he/she knows that he/she will be recoursed and that he/she will cover the compensation, penalties, expenses and other costs demanded based on the first application made to him, without the need for any decision against him.

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, FabNet 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 FabNet and its customers, in case of detection of such situations, the customer account and all connected products and services will be canceled without question/questioning, no refund will be made, and from this situation It accepts, undertakes and declares that it will compensate and provide compensation for all damages and losses incurred by FabNet and its customers.

7.2 The CUSTOMER agrees, undertakes and declares that it will indemnify FabNet for all damages and losses incurred against any claim arising from the use of FabNet's services.

7.3 Regardless of who requests, FabNet's refusal to provide service, negative (mobbing) behaviors exhibited by the customer, and behaviors that will adversely affect the working performance of FabNet officials and personnel, 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.

7.4 FabNet, if the CUSTOMER chooses to pay via bank transfer, FabNet 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 FabNet bank account 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. The CUSTOMER is aware of this.

TECHNICAL SUPPORT
8.1 FabNet 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 NetsaWeb 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 FabNet. These equipments are declared to the Customer at a basic level 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 features declared in addition to FabNet will be provided.

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

8.3 The Customer accepts and declares that he/she will submit all support requests through the "technical support system" on the netsa.net.tr 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 FabNet 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. If the obligations become unfulfillable by the parties, the parties are not responsible for this.In 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 FabNet may, at any time, accept the products and services offered on the site, partially or completely, the terms of this contract.

can grow. 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 netsa.net.tr and the e-mail address specified by the user in the membership form. The user accepts that the address he/she has specified while becoming a member is a valid notification address, that he/she will notify the other party in writing within 5 days in case of change, 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 in Software Products;
The customer has the right to cancel/return and withdraw the said software product within 14 days from the date of purchase. The right of cancellation/refund/withdrawal after 14 days cannot be used by showing any problems or grievances that are not caused by the software itself. In cases where the 14-day period has been exceeded, it is essential that there is an error, problem or victimization caused by the software itself in order to be able to cancel / return and withdraw. Any feature/feature that is not in the software cannot be shown as a problem or defect. Before making a purchase, the customer is obliged to examine thoroughly whether the software is suitable for him and to request information if necessary.

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. The customer can then change the domain name (domain address) of the license he has at any time free of charge, provided that it is for once. After making a change once, it cannot change the license domain name (domain address) again. The customer accepts and undertakes this.

14.3 License Assignment/Transfer in Software Products;
The customer has the right to transfer/transfer his software license to a NetsaWeb customer of his choice. After the transfer/transfer process, the new customer who takes over the license reserves the right to change the license domain name (domain address) for once.

14.4 Leased 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 has no right to withdraw, cancel, change or request a refund, provided that there is no problem or grievance caused by our company regarding the products/services mentioned 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.
14.6 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 is used against his/her consent 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 Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.