FabNet Technology and Internet Services

Service and Usage Agreement

Last Update: 03.09.2023

FabNet Technology and Internet Services are briefly referred to as “FabNet”, “Fabnet” and “fab.net.tr” and “Our Company”.
Customer and User definitions represent individuals or organizations that purchase products/services through FabNet and fab.net.tr website.
All customers who create accounts, make purchases and benefit from users by reaching them through the website www.fab.net.tr ("Website") or mobile applications are deemed to have read, understood and accepted the terms consisting of the following main article and sub-articles. 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 presented to the customer for approval during membership and product/service purchase, and he is not allowed to proceed without accepting it. It is also constantly posted at the bottom of the site. It is the customer's responsibility to review and read.

This contract imposes rights and obligations on the parties regarding the site subject to the contract, and when the parties accept this contract, they accept and declare that they will fulfill the mentioned rights and obligations completely, accurately, on time, and within the conditions requested in this contract.

RESPONSIBILITIES
1.1 Physical server, Virtual server, VDS, VPS, web software and all pages connected to it are the property of fab.net.tr and are operated by it. fab.net.tr always reserves the right to make changes to prices, products and services offered, and contracts.

1.2 Fab.net.tr accepts and undertakes that the member will benefit from the products subject to the contract, excluding technical malfunctions.

1.3 The Customer accepts and undertakes that, in the use of FabNet products, it will not reverse engineer or engage in any other activity aimed at finding or obtaining their source code. Otherwise, if this activity is detected, all products purchased at that time and the customer account will be canceled without question and no refund will be given.

1.4 It is prohibited to place fake orders for trial purposes through the site. If detected, their accounts will be canceled and no account can be created again with the existing account information.

1.5 The customer accepts and declares that in addition to the web software he will purchase, he will also pay the fee determined by fab.net.tr for the modules, requests and arrangements. The customer cannot claim rights regarding additional modules, requests and arrangements that he/she will have made later in the software. The customer not only purchases the usage license of the software, but also purchases only the right to use additional modules and requests made later. Thus, the customer does not have the right to request that additional modules, arrangements and requests similar to the ones made are not added to another customer or site or not 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 give you any rights regarding these intellectual property rights.

2.2 All products on the Site cannot 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 detailed on the site are registered by the General Directorate of Copyright of the Ministry of Culture and Tourism and all rights are reserved. Sales are made only through our website, our dealers' websites and our permitted business partners.

INFORMATION PRIVACY
3.1 Fab.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 intended to identify the User, such as person's name-surname, address, telephone number, mobile phone, e-mail address, and will be briefly referred to as 'Confidential Information'.

3.2 Confidential Information can only be disclosed if this information is requested by the official authorities in due course and in cases where disclosure to the official authorities is mandatory in accordance with the mandatory legislation in force.

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, fab.net.tr is not responsible for any data loss, security breaches or damage to hardware and devices that may occur.

CONTENT 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 FabNet servers and publishing them over the internet network.

5.2 By using this Service, CUSTOMER is deemed to have agreed to comply with the terms and conditions stated herein. Subject to the terms and conditions of this Agreement, FabNet will provide services with maximum continuity and operability by using all reasonable resources during its service period.

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

-Force majeure (natural disasters such as earthquake, fire, flood and other human disasters),
-Hardware malfunctions,
-Periodic Maintenance procedures or repairs that the data center undertakes from time to time,
-Causes beyond Netsa's control or unforeseeable by fab.net.tr, including but not limited to interruptions or malfunctions that may occur in telecommunication or digital transmission lines, malicious network attacks, network congestion or other malfunctions.

5.4 CUSTOMER acknowledges that FabNet does not have one hundred percent control over the continuity or uninterruption of the web hosting/server service provided by FabNet and that these are not guaranteed.

5.5 FabNet will make the necessary efforts to ensure the continuity of the Services provided to the CUSTOMER.

5.6 By purchasing the services subject to this Agreement or creating a customer account, CUSTOMER; In e-mail communications, web publications and all transactions related to this subscription, T.R. It accepts and undertakes not to act contrary to laws, decree laws, statutes and regulations, general morality and etiquette, and that it is entirely responsible for the content of its or its customers' web pages, ftp and other Internet services.

5.7 CUSTOMER accepts and undertakes that it will not webcast or engage in any activity on the prohibited materials specified below. Otherwise, the service received will be canceled without any questions and no refunds, etc. will be given. It is agreed that it will not be done.

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-Ad services (commercial banner ad 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/Ponzi Chain)
Unlimited services provided cannot be distributed to third parties free of charge or for a fee.
Sale of substances subject to authorization without prior proof of the existence of the necessary permit(s)
Programs of banks that determine the market
Raffle/gambling sites
MUDs/RPGs/PBBGs
Sites/archives/programs focused on hacking
Sites that promote illegal activities
Forums or websites that distribute or link to warez/pirated/illegal content
Fraud Sites (including those listed at aa419.org and escrow-fraud.com)
MailerPro
Any broadcast of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing copyright-free 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/Ponzi Chain)
Sale of substances subject to authorization without prior proof of the existence of the necessary permit(s)
Raffle/gambling sites
Sites/archives/programs focused on hacking
Sites that promote illegal activities
Forums or websites that distribute or link to warez/pirated/illegal content
Fraud Sites (including those listed at aa419.org and escrow-fraud.com)
MailerPro
Any broadcast of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Site contents are infected or not cleaned
Publishing copyright-free content
5.8 Although not stated in the above articles, it is strictly prohibited to carry out any activity that is contrary to applicable laws and constitutes a crime. Otherwise, the CUSTOMER understands that the service received will be canceled without any questions and no refund will be given. It is agreed that it will not be done.

5.9 If FabNet services are used and/or facilitated to carry out behavior that is contrary to public morality and traditions, your service may be restricted or terminated because you are acting and publishing against public morality and traditions. The customer is aware of this.

5.10 Ensure that the scripts/programs installed on the Customer Account are secure and are not stored in directories.

5.11 FabNet services, including all associated equipment, networks and network devices, are for permitted Customer use only. FabNet systems may be monitored for all lawful purposes, including to ensure that use is authorized, to administer the system, to facilitate protection against unauthorized access, and to verify security procedures, maintainability and operational security. During monitoring, information may be examined, recorded, copied and used for permitted purposes. Use of the FabNet system(s) constitutes consent to monitoring for these purposes.

5.12 Any account connected to a third party's network or system without its permission may be suspended. For access to networks and systems that are not under the direct control of the customer, written consent must be obtained from the third party in question. If FabNet wishes, it may request documents to prove that access to the third party's network or system is permitted and may require the submission of such documents.

5.13 FabNet does its best to regularly protect and back up all CUSTOMER's data, however, it does not accept responsibility for any errors that may occur in the data contained within it. Data backup is the CUSTOMER's responsibility. CUSTOMER always assumes the risk of loss and damage to the files belonging to the Website and all Website content. CUSTOMER is completely obliged to maintain the confidentiality of the customer password and account information.

5.14 CUSTOMER accepts that he/she is responsible for all actions, omissions and expenses related to any website content displayed, linked, stored on the server or published under his/her account using his/her Account or password or in connection with the site or belonging to him/her.

5.15 THE CUSTOMER IS RESPONSIBLE FOR TAKING THE PRECAUTIONS MENTIONED BELOW;

To prevent any loss or damage to websites,
To provide, request, store and preserve independent archives and backup copies of websites and databases,
To ensure the security, confidentiality and integrity of the websites and to ensure the confidentiality of account information.
5.16 CUSTOMER undertakes to pay the usage fees and relevant 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 covers the SMS sending services made available to the CUSTOMER via fab.net.tr or the API access links it provides.

6.2 CUSTOMER is solely and exclusively responsible towards the recipients regarding the Bulk/Single SMSs he/she sends, and will keep FabNet free from any demands, claims, objections and complaints that may come from the relevant persons and institutions in this context, regardless of the name and form. 's right to recourse against all damages, and all direct and indirect income losses and material and moral damages that FabNet may incur due to all kinds of demands, claims and receivables that may be asserted against FabNet, at FabNet's first request, immediately in cash and accepts, declares and undertakes to compensate you once and for all.

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

6.4 CUSTOMER shall pay FabNet the expenses and compensation that FabNet will have to pay to third parties and/or official authorities regarding its obligations under this agreement, within 5 (five) business days following FabNet's first written request, without the need for any judgment. He accepts and undertakes to pay to .

6.5 All kinds of announcements, advertisements and announcements to be made in all media (television, internet, radio, open air announcements, press, etc.) regarding the products subject to this Agreement, Law No. 4077 on Consumer Protection as amended by Law No. 4822, Communiqué on Commercial Advertisements and Announcements and It will comply with international advertising principles and Advertising Board decisions. CUSTOMER accepts and declares that he/she is responsible for any damage or loss that may occur due to violation of the provisions.

6.6 CUSTOMER accepts and undertakes that FabNet cannot be held responsible in any way for the accuracy of the information contained in the SMS text sent and the content of the statements, and that he/she is entirely responsible. In accordance with the decision of the Supreme Electoral Council and the provisions of this contract, he/she accepts and declares that messages with the purpose of political propaganda should not be sent via SMS and/or internet via mobile phone, and in case such a transmission is detected, he/she will be responsible for the penalties to be imposed due to violation of the decision.

6.7 CUSTOMER; The expressions in the SMS text are T.R. It will not constitute a violation of the laws and applicable legislation, morality, public interest, public security, the indivisible integrity of the Republic of Turkey, FabNet has the right to block and prevent such statements, and all kinds of legal disputes and/or legal disputes that FabNet may be exposed to due to these statements. or accept, declare and accept that he is the addressee of the compensation claims, that FabNet is aware that he will be recoursed in case of any compensation paid, and that he will cover the compensation, penalties, expenses and other costs requested based on the first application made to him, without the need for any decision against him. commits.

6.8 It is assumed that the CUSTOMER has obtained the GSM numbers to which it sends SMS legally and with permission. FabNet cannot be held responsible in any way in this regard. All legal responsibilities and obligations belong to the CUSTOMER.

OTHER TERMS AND CONDITIONS
7.1 CUSTOMER shall not engage in any behavior that would harm the commercial reputation, reputation and prestige of FabNet and its customers, and in case such situations are detected, the customer account and all related products and services will be canceled without question, no refund payment will be made, and this situation It accepts, undertakes and declares that it will compensate and ensure all damages and losses suffered by FabNet and its customers.

7.2 CUSTOMER accepts, undertakes and declares that it will compensate FabNet for all damages and losses incurred against any claims arising from the use of FabNet's services.

7.3 Regardless of who requests it, FabNet refuses to provide service, negative (mobbing) behavior exhibited by the customer, and behavior that will negatively affect the work 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 all products/services and customer accounts.

7.4 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 in the name of the person or institution specified in the CUSTOMER information to FabNet's bank account specified during the order. All costs of payments belong to the CUSTOMER.

7.5 All periodic products and services will be stopped if payment is not made by the service end date at the latest. Products and services for which payment is not made within three (3) days following the suspension period will be permanently deleted from the system and no liability will be accepted. 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 caused by the product/service for a period of 6 months from the date of purchase of the product/service by the Customer. Problems arising from subsequent interventions made by the Customer in the relevant product/service are excluded from this scope. In such cases, the solution is to re-supply the standard version of the relevant product given by fabnet and install it into the system. The customer is aware of this and accepts and declares it.

8.2 In the field of "Web Software" service, the Customer is obliged to provide and maintain all necessary hardware for the trouble-free operation of the product/service purchased from FabNet. These equipment 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 beyond the basic level. The Customer accepts and declares that in such cases, the features declared will be provided in addition to FabNet.

8.2 The Customer accepts and declares that he/she will receive support service for a fee for all matters "outside the standard operation" of all the products and services he/she has purchased, and that FabNet may not be able to provide support service in such cases, even for a fee, depending on its workload.

8.3 The Customer accepts and declares that he/she will submit all support requests through the "technical support system" on the fab.net.tr website and that he/she will not 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 workload.

FORCE MAJEURE
9.1 Not under the control of the parties; arising from the contract due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (together referred to as "Force Majeure" below). If the obligations cannot be fulfilled by the parties, the parties are not responsible for this. During this period, the rights and obligations of the parties arising from this Agreement are suspended.

INTEGRITY OF THE CONTRACT AND APPLICABILITY
10.1 If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.

CHANGES TO BE MADE IN THE CONTRACT
11.1 FabNet may change the products and services offered on the site at any time, partially or completely, and the terms of this agreement. Changes will be valid 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.

NOTIFICATION
12.1 All notifications to be sent to the parties regarding this Agreement will be made through the known e-mail address of fab.net.tr and the e-mail address specified by the user in the membership form. The user accepts that the address specified when signing up is the valid notification address, and that if it changes, he will notify the other party in writing within 5 days, otherwise notifications to this address will be deemed valid.

EVIDENCE CONTRACT
13.1 In any disputes that may arise between the parties regarding the transactions related to this agreement, the parties' books, records and documents, computer records, social media (Whatsapp), etc. Communication tools and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees that he will not object to these records.

RIGHT OF CANCELLATION/REFUND/ WITHDRAWAL
14.1 Right of Cancellation/Return and Withdrawal for Software Products;
The customer has the right to cancel/return and withdraw within 14 days from the date of purchasing the software product in question. The right of cancellation/refund/withdrawal cannot be exercised after 14 days, citing any problem or grievance that is not caused by the software itself. In cases where the 14-day period has been exceeded, in order for cancellation/refund and withdrawal to be made, it is essential that there is an error, problem or inconvenience caused by the software itself. Any feature/feature not present in the software cannot be presented as a problem or defect. Before making a purchase, the customer is obliged to thoroughly examine whether the software is suitable for him/her and to request information if necessary.

14.2 Changing Licenses for Software Products;
Software products are licensed for the domain name declared by the customer at the time of purchase. The customer can later change the domain name of the license he/she owns at any time, free of charge, only once. Once the license has been changed, it cannot change the domain name again. The customer accepts and undertakes this.

14.3 License Assignment/Transfer of Software Products;
The customer has the right to transfer his/her software license to any fabnet customer of his/her choice. After the transfer process, the new customer who takes over the license has the right to change the licensee name (domain address) only once.

14.4 Leased Software Products;
For software products rented monthly or periodically for more than one month, no license information exchange or license transfer/transfer can be made. The customer accepts and undertakes this.

14.5. Provided that there is no problem or grievance caused by our company regarding the products/services mentioned below, the customer does not have the right to withdraw, cancel, change or request a refund.

All types of web server (physical server, virtual server) services.
Domain name registration services.
International SMS sending services.
Türkiye sms sending services. (SMS messages that are not delivered to the recipient are automatically returned as credit rights.)
Other local and international product/service licenses.
14.6 If payments are made by 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 without his/her consent and unlawfully. In this case, the card issuer returns the payment amount to the consumer within 10 days from the date of notification of the objection.

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