HOSTING SERVICES USAGE AGREEMENT

1. Parties

On one side, Premier DC Veri Merkezi A.Ş., located at “Otakçılar Cad. No: 78 Kat:4 Flat Ofis Eyüp/ İstanbul” (Bayrampaşa Tax Office, Tax No: 4630494683) (hereinafter referred to as the "SERVICE PROVIDER"); and on the other side, the real or legal person (hereinafter referred to as the "CUSTOMER" and/or "YOU") who purchases the products/services of the SERVICE PROVIDER through the website www.sh.com.tr (this site) and whose information is obtained via the registration form on the site, have agreed on this Hosting Services Usage Agreement (hereinafter referred to as the “Agreement”) under the terms and conditions set forth below.

Hereinafter, in this Agreement, the CUSTOMER/YOU and the SERVICE PROVIDER shall be referred to individually as a “Party” and collectively as the “Parties”.

This Agreement constitutes an annex and an integral part of the “Service Agreement” that you have accepted electronically. In cases not covered by this Agreement, the General Terms of Use and the Service Agreement, which the CUSTOMER has read and accepted, shall apply.

2. Subject and Purpose of the Agreement

The subject of this Agreement is to determine the procedures and principles regarding the sale and use of the hosting service purchased by the CUSTOMER from the SERVICE PROVIDER.

3. General Provisions

3.1. The SERVICE PROVIDER shall perform the setup of the services indicated by the CUSTOMER during the application on its own system. The services shall be activated for use and the CUSTOMER shall be informed following the full collection of the relevant service fees. The responsibilities of the parties regarding the activation of the service are specified in this Agreement.

3.2. The CUSTOMER agrees in advance that for any international domain name to be purchased as part of the hosting service from the SERVICE PROVIDER, registration will be processed immediately after payment is collected; for any domestic domain name (Nic.TR), registration application will only be made by the SERVICE PROVIDER after the CUSTOMER provides all the official documents required by Nic.TR. The CUSTOMER also agrees not to claim any compensation from the SERVICE PROVIDER if the responsibilities outlined in Article 4 are not fulfilled. The SERVICE PROVIDER shall not be held liable for any delay in service activation caused by Nic.TR.

3.3. The CUSTOMER acknowledges in advance that failure to fulfill the responsibilities specified in Article 4 before the renewal date of a domain name acquired from the SERVICE PROVIDER as part of the hosting service will result in the SERVICE PROVIDER not making the renewal payment, and therefore, assumes no responsibility related to the domain name’s registration. The CUSTOMER shall not make any claims against the SERVICE PROVIDER in such cases.

3.4. The SERVICE PROVIDER shall retain log files on the servers providing web hosting services for the period prescribed by law.

3.5. In case of exceeding the traffic allowance provided with the hosting package, the SERVICE PROVIDER shall charge the CUSTOMER a traffic overage fee. Additional traffic shall be invoiced in the period following the overage.

3.6. The SERVICE PROVIDER shall make every effort to ensure the continuity of the services provided to the CUSTOMER under this Agreement. However, the SERVICE PROVIDER does not guarantee that the services offered will fully meet the CUSTOMER’s needs or be uninterrupted, error-free, or at a certain level of reliability. The SERVICE PROVIDER’s liability for any direct and/or indirect damages resulting from the use or inability to use any service provided under this Agreement shall be limited to the total value of the services provided. The CUSTOMER accepts that in cases including but not limited to the following, services may be inaccessible or non-functional and agrees not to hold the SERVICE PROVIDER liable:

i- Force majeure (natural disasters such as earthquakes, fires, floods, and other human-related disasters),

ii- Hardware failures,

iii- Periodic maintenance procedures or repairs occasionally undertaken by the SERVICE PROVIDER,

iv- Interruptions or malfunctions in telecommunication or digital transmission lines, malicious network attacks, network congestion, or other issues beyond the control of or not foreseeable by the SERVICE PROVIDER

3.7. Except for those restricted by specific Products or Services, any SSL Certificate purchased from the SERVICE PROVIDER to be used with the SERVICE PROVIDER's services is designed for private use by the provider. If the CUSTOMER uses an SSL Certificate on a website hosted on the SERVICE PROVIDER's servers, the SERVICE PROVIDER will generate the associated private key and store it securely.

3.8. The CUSTOMER may benefit from third-party applications and additional services (such as TrendMicro AV, Google Adwords, Trademark Registration, etc.) in addition to the services provided by the SERVICE PROVIDER. In such cases, the SERVICE PROVIDER shall not be held responsible for any errors, damages, losses, and/or malfunctions arising from these applications and services provided by third-party companies/institutions. The SERVICE PROVIDER does not provide support or guarantees regarding these third-party applications and services.

3.9. Services received under this Agreement will be suspended for 15 (fifteen) days from the expiration date of the service. Services not paid during this period will be terminated and deleted. In SSL Certificate services, if the necessary payment has not been made by the service end date, the service will be terminated immediately without any suspension. The CUSTOMER declares and accepts that they are aware of this.

4. Responsibilities of the Customer

4.1. The CUSTOMER may not engage in any behavior that may harm the commercial reputation, dignity, or other customers of the SERVICE PROVIDER. In such cases, the SERVICE PROVIDER reserves the right to stop the services and terminate this Agreement.

4.2. By signing this Agreement, the CUSTOMER agrees and undertakes not to act contrary to the laws of the Republic of Turkey and general moral and ethical principles in email communication, web publications, and in all kinds of services and products purchased, and acknowledges that they are fully responsible for the content of their or their customers’ web pages, FTP and other Internet services.

4.3. The CUSTOMER shall be responsible for any claims by third parties and institutions arising during the use of the services of the SERVICE PROVIDER, and declares, agrees and undertakes to compensate any damage and loss suffered by the SERVICE PROVIDER due to such claims.

4.3.a) Examples of unacceptable materials on shared web servers are as follows:

• 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 rotation)
• Dump file/Mirror scripts (like rapidshare)
• Commercial audio broadcasting (more than one or two streams)
• Escrow account/Bank Bonds
• Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid schemes)
• Distribution of unlimited services to third parties for free or for a fee
• Sale of regulated items without prior proof of required permits
• Market-dominating bank programs
• Lottery/gambling sites
• MUDs/RPGs/PBBGs
• Hacker-focused sites/archives/programs
• Sites promoting illegal activities
• Forums or websites distributing or linking to warez/pirated/illegal content
• Scam sites (including those listed on aa419.org and escrow-fraud.com)
• Mailer Pro
• Broadcasting of live sports events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
• Publishing of unlicensed copyrighted content

4.3.b) Examples of unacceptable materials on physical, shared and/or virtualized servers are as follows:

• 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/Pyramid schemes)
• Sale of regulated items without prior proof of required permits
• Lottery/gambling sites
• Hacker-focused sites/archives/programs
• Sites promoting illegal activities
• Forums or websites distributing or linking to warez/pirated/illegal content
• Scam sites (including those listed on aa419.org and escrow-fraud.com)
• Mailer Pro
• Broadcasting of live sports events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
• Publishing of unlicensed copyrighted content

Even if not specified in the above articles, any activity that violates current laws and constitutes a crime is strictly prohibited. Otherwise, the CUSTOMER shall be responsible for any legal and administrative sanctions that may arise, and the SERVICE PROVIDER shall have no responsibility for the content and reserves the right to stop, suspend, and/or terminate this Agreement upon detection of such a situation.

The CUSTOMER is responsible for ensuring that the scripts/programs installed on the Customer Account are secure and that directory access permissions are properly configured.

The SERVICE PROVIDER reserves the right to refuse service to anyone who makes a request.

The CUSTOMER is ultimately responsible for all operations performed under their own accounts.

4.4. Resource Usage

4.3.b) Examples of unacceptable materials on Physical, Shared and/or Virtualized servers are as follows:

• IRCD (irc servers)
• IRC scripts/bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications

• Mail Bombers/Spam Scripts
• Escrow accounts
• Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Schemes)
• Sale of items requiring permission without prior proof of such permission
• Sweepstakes/Gambling sites
• Hacker-focused sites/archives/programs
• Sites promoting illegal activities
• Forums or websites distributing or linking to warez/pirated/illegal content
• Fraudulent Sites (including those listed on aa419.org and escrow-fraud.com)
• Mailer Pro
• Broadcasting of any kind of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
• Publishing of unlicensed copyrighted content

Even if not listed in the above items, any activity that violates applicable laws and constitutes a crime is strictly prohibited. Otherwise, the CUSTOMER is responsible for any legal and administrative consequences, and the SERVICE PROVIDER has no responsibility for the content and reserves the right to suspend, pause, and/or terminate this Agreement upon detection of such activity.

It is the CUSTOMER’s responsibility to ensure that the scripts/programs installed in the Customer Account are secure and that directory access permissions are properly configured.

The SERVICE PROVIDER reserves the right to refuse service to anyone, regardless of who makes the request.

The CUSTOMER is ultimately responsible for all operations performed under their own accounts.

4.4. Resource Usage

The CUSTOMER:

4.4.a) The CUSTOMER may not use 25% or more of system resources for more than 90 seconds. Several activities can cause such issues. These include CGI scripts, FTP, PHP, HTTP, etc.

4.4.b) “Cron job” can be used with a minimum interval of 1 minute.

4.4.c) No MySQL query may run longer than 15 seconds. MySQL tables must be properly indexed.

4.4.d) Simultaneous MySQL database connection limit is 100. If the limit is exceeded, a "too many connections" error will occur.

4.4.e) When using the PHP include function to include a local file, it is not allowed to use a URL. Use include("include.php") instead of include("http://yourdomain.com/include.php").

4.4.f) To help reduce usage, do not enable server-side code (such as php and shtml) in html files.

4.5. Bandwidth Usage

The CUSTOMER has a monthly bandwidth usage limit. This limit varies depending on the hosting package purchased by the CUSTOMER. If the Customer Account exceeds the specified amount, the SERVICE PROVIDER reserves the right to upgrade the CUSTOMER’s account to a higher package and to suspend the account until additional bandwidth is purchased.

In principle, the CUSTOMER has unlimited monthly bandwidth usage. However, this should not be interpreted as permission for excessive video sharing and streaming, or image sharing and hosting. In such cases, the SERVICE PROVIDER reserves the right to intervene as necessary.

4.6. Storage, Backup, and Security

The SERVICE PROVIDER makes every effort to regularly protect and back up all of the CUSTOMER’s data, but assumes no responsibility for any errors that may occur in the data held. Data backup is the CUSTOMER’s responsibility. The CUSTOMER assumes all risks of loss or damage to the Website and all content files of the Website. The CUSTOMER is fully responsible for maintaining the confidentiality of the Customer Password and Account information. The CUSTOMER accepts responsibility for all actions, omissions, and expenses related to any content displayed, linked, stored, or published on the Server under their Account or via their password or account access. The CUSTOMER is responsible for taking necessary precautions to:

i. Prevent any loss or damage to Website content

ii. Maintain independent archive and backup copies of Website content

iii. Ensure the security, confidentiality, and integrity of all Website content hosted or published on SERVICE PROVIDER servers

iv. Maintain the confidentiality of Account information

The SERVICE PROVIDER has no backup obligation and shall not be responsible for the loss, lack of backup, or damage to Website content of the CUSTOMER or any other person/entity. The services are not provided in a PCI (Payment Card Industry) compliant environment, and this is acknowledged by the CUSTOMER. The SERVICE PROVIDER is not responsible for any violation of this Agreement by the CUSTOMER or any person or entity using the Services.

The CUSTOMER may not use its services in a manner that harms the SERVICE PROVIDER’s services, hardware functionality or operation, or other customers.

*Although the SERVICE PROVIDER is not obligated to perform backups, on Linux servers with management services, the backup feature provided by cPanel may perform backups daily (previous day), weekly (first day of the current week), and monthly (first day of the current month) for active services.

** If a service has expired and has been deleted by the system, it may be possible to restore the service within 30 days of the service end date, for a fee, although this is not guaranteed..

5. ACCEPTANCE OF GENERAL TERMS OF USE AND SERVICE AGREEMENT

By approving this Agreement, the CUSTOMER accepts the applicable "General Terms of Use" and the “Service Agreement.” The current version of the General Terms of Use and Service Agreement is published on the website www.sh.com.tr.