TERMS OF SERVICE AND USE AGREEMENT
1. Parties and Definitions
This Agreement is entered into and shall take effect immediately upon digital confirmation between E2MH GRUP YAZILIM TEKNOLOJİLERİ A.Ş., residing at Kutlu Mahallesi Mutlu Caddesi No:52/B Mamak, Ankara, Turkey (hereinafter referred to as the "COMPANY"), and the user/customer who benefits from the services, places an order, or creates a membership through the website [www.e2mh.com.tr] (hereinafter referred to as the "USER").
2. Subject of the Agreement
The subject of this Agreement is to regulate the terms of use, mutual rights, and obligations of the parties regarding Domain Name Registration, Web Hosting (Economic/Professional/Reseller), Server Services (VPS/VDS, Dedicated Server Rental), Corporate Email, Bulk SMS, and Web Software solutions provided by the COMPANY through the WEBSITE.
3. Principles of Service and Obligations of the Parties
- Declaration of Accurate Information: The USER guarantees that the billing, contact, and identity information provided while registering on the WEBSITE or placing an order is up-to-date, accurate, and complete.
- Account and Security Responsibility: The USER is solely responsible for the security of their customer panel login passwords. The COMPANY shall not be held liable for any damages resulting from the acquisition of passwords by third parties.
- Content Responsibility: The USER is fully and exclusively responsible for the compliance of all data, software, websites, and content hosted within the hosting, email, or server services with applicable laws. In the event that content violating the laws of the Republic of Turkey, infringing copyrights, or containing malicious software is detected, the COMPANY reserves the right to suspend the service immediately.
- Service Limits: The resource usage limits (CPU, disk space, monthly traffic) of the purchased hosting packages are as specified in the package details. In case of limit exceedances, the COMPANY may invite the USER to upgrade to higher packages to preserve service quality.
- Bulk SMS Usage: When using the Bulk SMS service, the USER is obliged to comply with Law No. 6563 on the Regulation of Electronic Commerce and the relevant legislation, and is strictly prohibited from sending unauthorized or unsolicited commercial SMS messages.
4. Protection of Personal Data and Confidentiality (KVKK / GDPR)
The COMPANY undertakes to fulfill its obligations arising from the Law No. 6698 on the Protection of Personal Data ("KVKK") and relevant international data protection laws.
4.1. Data Controller
- Title: E2MH GRUP YAZILIM TEKNOLOJİLERİ A.Ş.
- Address: Kutlu Mahallesi Mutlu Caddesi No:52/B Mamak ANKARA / TURKEY
- E-mail: kvkk@e2mh.com.tr
4.2. Purposes and Legal Grounds of Processing
Personal data belonging to the USER are processed lawfully pursuant to Article 5/2 of the KVKK for the establishment and performance of the contract (domain registration, hosting setup, management of the support ticket system) and for the fulfillment of legal obligations (retaining IP and traffic log records under Law No. 5651, and billing).
4.3. Data Security and Infrastructure
The COMPANY implements necessary technical infrastructure measures such as SSL, Anti-Spam, and Anti-Virus protection to ensure the confidentiality of data hosted on the servers. Except for legal requirements or the explicit technical support requests of the USER, data inside the server or email contents are never accessed or scrutinized.
4.4. Rights of the Data Subject
The USER may exercise all rights under Article 11 of the KVKK (requesting information, rectification, deletion, etc.) by applying to the COMPANY via the email address [kvkk@e2mh.com.tr]. The Privacy Notice and Privacy Agreement pages on the WEBSITE apply for detailed guidance.
5. Continuity of Service and Limitation of Liability
- Force Majeure and Interruptions: The COMPANY shall not be held liable for disruptions caused by malfunctions in telecommunication lines, cyberattacks, natural disasters, or global infrastructure outages beyond the control of the COMPANY.
- Data Backup: Although the COMPANY takes periodic backup measures across the system, the USER is solely responsible for maintaining regular backups of their own critical data. The COMPANY bears no financial or legal liability for potential data losses unless caused by direct intent of the COMPANY.
6. Payment, Renewal, and Termination
- Renewal Periods: Renewal fees for services purchased on an annual or monthly basis (domain names, hosting, servers, etc.) must be paid before the expiration date. Services not paid within the due period will be automatically suspended and permanently deleted from the servers after a specific duration.
- Termination of the Agreement: Either party may unilaterally terminate this Agreement if the terms of the contract are violated, or by choosing not to renew the service for the upcoming subscription period.
7. Enforcement and Acceptance
This Agreement shall enter into force and become legally binding upon the USER creating an account on the WEBSITE, completing the checkout process, and digitally checking the box that reads "I have read and agree to the Terms of Service and Use Agreement.
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