Legal Agreements
Terms of Service for Hostixo İnternet Bil. Yaz. Hiz. Ticaret ve Sanayi Limited Şirketi. Every customer registering to the system is deemed to have accepted these terms.Service Agreement
1- Parties
1.1: This agreement is deemed to have been signed between Hostixo İnternet Bil. Yaz. Hiz. Ticaret ve Sanayi Limited Şirketi (hereinafter referred to as Hostixo.com), which provides the services specified in the services section, and the person/institution (hereinafter referred to as Customer) specified with the details in the New customer registration section, regarding the use of the website operating at https://www.hostixo.com (and its sub-sites) belonging to Hostixo.com (hereinafter referred to as Site) and the services to be purchased through this site, under the terms and conditions specified below.
1.2: The parties declare, accept, and undertake the accuracy of the information written in this agreement.
2- Subject
2.1: This agreement will regulate the sections that the customer is allowed to do and not to do in accordance with the information given in the registration process, in their transactions on the site, in their orders, in the messages they send, and the fees that the customer will pay to Hostixo.com in return for the services they will receive in accordance with their preferences in their orders. These service and transaction descriptions are as follows.
2.2: Membership information is the information entered by the customer during membership. Since this information will be based on the transactions made, it is assumed that the customer and the member enter this information completely, completely, and correctly.
3- Responsibilities
3.1: Hostixo.com will provide the services transmitted as an order upon the customer's request. With the order acceptance message, Hostixo.com will accept that it has collected the relevant fee and undertake to provide the service specified in the subject order.
3.2: The payment method, VAT differences will be specified with the total amount to be extracted during the order, and the fees that the customer must pay according to their monthly or annual payment preferences will be notified by Hostixo.com.
3.3: After the order acceptance and approval of the transactions, Hostixo.com will transmit the access information and passwords regarding the service in the customer order detail to the customer, and the service will have started. The responsibility of the relevant accounts and passwords belongs to the customer, and the customer will be responsible for any damage and loss that may arise from these issues.
3.4: The customer undertakes to comply with the statements and warnings received by Hostixo.com within the scope of the service received. The customer declares, accepts, and undertakes to comply with any warning or notification published by Hostixo.com while benefiting from the hosting account. The customer cannot distribute or sell the services provided to him/her free of charge and unlimitedly in the hosting service he/she has received to third parties, again for a fee or free of charge and/or limited or unlimited.
3.5: The customer undertakes not to access files or programs that do not have the right to access by using the software and programs he/she has within the scope of the service, not to create any problems due to such a problem, and to cover the damage in problems and problems that may occur.
3.6: The customer accepts and undertakes that the taxes, fees, and similar obligations in force during the use of the domain name, hosting, or services received or that will come into force during the contract period belong to him/her and will meet them.
3.7: The customer accepts and undertakes that he/she is responsible for all files, documents, and programs hosted within the service, all transactions that he/she will use and benefit from with the website and e-mail services, and that he/she will bear all legal and criminal liability that may arise from the illegality of the said data, information, and statements. No fault can be transmitted to Hostixo.com for problems that may arise in this regard.
3.8: Hostixo.com does not review, verify, endorse pages before they are posted, or take any responsibility for pages made by the user. Hostixo.com may terminate user accounts because they violate these outlines or for any other reason or because Hostixo.com believes it is harmful to its own or any of its users' business. Hostixo.com has the right to delete illegal acts and actions without notifying the customer from the moment it learns about them.
3.9: Hostixo.com cannot be held responsible for any material or moral damages that may arise from the incorrect use of customer data contained in the service it provides, data content, and all data used by e-mail. The backup and storage obligations of these data belong to the customer. Hostixo.com will subject all customer data to regular backup and maintenance. However, Hostixo.com is not responsible for errors, damages, and losses that may occur due to interruption or data loss that may occur in Hostixo.com services. Backing up data is the customer's responsibility unless otherwise stated in the contract text.
3.10: Hostixo.com will carry out domain name registration transactions ordered by the customer and paid for without any problems. The owner of the domain name registered and paid for with the registration request accepted with the order is the customer. Hostixo.com will be able to perform transactions on the domain name in line with the customer's demands in this regard. It will make an arrangement, change, and transfer requests on the domain name by the customer as soon as possible.
4- Duration
4.1: This agreement begins with the transmission of order and payment transactions to Hostixo.com from the internet environment, and the specified rights and obligations of the parties begin.
4.2: The contract period is as much as the payment period chosen by the customer during the order for the relevant service.
4.3: If the parties have not warned that the contract will end at the end of the period up to 10 business days before the end of the contract, the contract extends for the duration of the previous contract with the same terms and conditions. (Changes occurring in fee matters are reserved.)
5- Fee
5.1: The fee to be paid in return for the services specified in this agreement is the amount specified during the order process. VAT is calculated by including it in the specified fees later, and the collection is realized by showing it to the customer.
5.2: Hostixo.com reserves the right to make forward-looking changes on prices and tariffs without prior notice. The customer accepts, declares, and undertakes the changes that may occur in advance regarding these changes.
5.3: If the fee is in foreign currency, it is paid by converting it into Turkish Lira over the effective selling rate at the invoice date.
5.4: The customer is obliged to pay the fee from the credit card account if there is a credit card payment order during the order process until the end of the 5th business day from the invoice issuance date, or to the bank account numbers specified in the customer communication address or to Hostixo.com by hand if there is no credit card payment order.
5.5: In case of delayed payment, Hostixo.com reserves the right to issue an exchange rate difference invoice.
5.6: Hostixo.com reserves the right to close and open the relevant service until the customer completes the payment process.
5.7 : As stated during the order, no refunds are made for domain/domain name, SSL certificates, monthly hosting, reseller hosting, and server services (co-location, dedicated, vps virtual servers) transactions.
6- Suspension
6.1: Hostixo.com reserves the right to stop all services provided to the customer, all e-mail, web, ftp accounts due to payment problems, provision problems in customers with credit card payment orders, or articles related to terms and obligations.
6.2: During the continuation of this situation, e-mail, web, ftp access cannot be made on behalf of the customer, and incoming e-mails are rejected by blocking e-mail accounts.
6.3: The maximum CPU and RAM usage rate per site on the server is 10% for individual hosting, 12% for reseller hosting, and 15% for corporate hosting. User accounts exceeding the specified limits are suspended after the first warning.
6.4 : It is forbidden to keep content contrary to both copyrights and T.C. laws on our servers. This content includes Hack, Crack, Warez, Adult, and MP3 content.
6.5: The security of all software on the server belongs to our customers. My company is in no way responsible for any issue that may arise from your software or management side.
7- Termination
7.1: If the customer does not fulfill his/her responsibilities and commitments by acting contrary to any article of this agreement or if it is determined that the information declared on the front of this agreement is not correct, if the suspension of the agreement mentioned above continues for more than 7 days, Hostixo.com has the right to terminate the agreement unilaterally without any warning or notice.
7.2: After the termination to occur in this way, the customer; declares, accepts, and undertakes that he/she cannot request the last contract fee he/she has paid back regardless of the remaining period, and to pay 5 times the commercial penal compensation of the equivalent contract price in force at the date of termination.
7.3: The customer has the right to terminate this agreement at the end of the period, provided that he/she gives written warning 10 days before the normal period of the agreement ends without showing any reason.
7.4: In case of termination by the customer before the end of the contract period, he/she declares, accepts, and undertakes to pay 1/2 of the fees to be paid until the end of the contract in advance and in cash.
8- Contact and Information Addresses
8.1: The parties have accepted, declared, and undertaken the postal addresses specified in the order address as the legal residence for all kinds of notifications arising from the subject contract.
8.2: Any notification made to these addresses will be deemed to have been notified even if it does not reach the parties. Unless changes to these addresses are notified to the other party in writing, the old addresses will be valid.
8.3: Hostixo.com may send messages, information, letters, warnings, payment notifications, account movement charts, account statements to the e-mail address allocated to the customer within the contract period. The customer declares, accepts, and undertakes that he/she cannot claim that the said electronic messages were not received or did not reach him/her, and that the said messages will be deemed to be legally notified 1 day after the date they were sent.
9- Default in Payment of Fee
9.1: If the customer does not make the payment within 7 days following the application date for the services received, he/she is deemed to be in default. In this case, Hostixo.com may issue an exchange rate difference invoice or demand 15% monthly delay interest from the invoice date if it wishes. The customer declares and accepts to pay this delay interest and the exchange rate difference invoice.
9.2: The customer declares, accepts, and undertakes to pay 15% monthly delay interest, 50% of the balance debt amount as a penal clause, 10% Attorney's Fee, and all other legal expenses in case Hostixo.com files a lawsuit or enforcement proceeding for any receivables arising from this agreement.
9.3: The customer declares, accepts, and undertakes that Hostixo.com is authorized to obtain a Precautionary Attachment and Precautionary Measure decision without guarantee in case it applies to legal authorities for Precautionary Attachment and Precautionary Measure for the collection of its receivables arising from this agreement, but even so, when guarantee is requested by the Courts, the commission and all kinds of fees arising from the letters of guarantee to be obtained from the Banks will be paid by them and they will not object to these issues.
10- Authorized Courts and Enforcement Offices
10.1: This agreement consists of 10 articles, subtitles, and APPENDIX-1, and has been read and understood by the parties and accepted in the electronic environment or signed. Hostixo.com may add, remove, or make changes to the articles if it deems necessary. The customer declares and undertakes that he/she accepts these changes in advance.
10.2: Niğde Courts and Enforcement Offices are authorized to resolve any disputes that may arise during the implementation of this agreement.
APPENDIX-1
Account Settings / E-mail Address
Your account will be activated after the payment constitutes collected. Whether your email address in your account is valid or not is entirely up to your preference. If there is any complaint or if we need to contact you, we will contact you using your primary e-mail address in your customer panel. For this reason, it is in your best interest to enter your e-mail address correctly and check it regularly. Entering incorrect contact information may cause bad consequences such as closing your account.
Migration
Our transfer team will make every effort during your move to Hostixo.com. The transfer process is only a free service offered for the convenience of users. Hostixo.com cannot guarantee whether the migration process is possible or will be completed within any time. Each hosting company is arranged differently, and some hosting platforms store data incompatibly or privately. This makes the migration process inappropriate or quite difficult. We will do our best, but in some cases we would like to state that we cannot help you with your migration process. Currently, we only offer cPanel to cPanel migration service. The number of sites that can be moved for free is 10. If the number of sites to be moved is more than 10, you can have our team move them by paying the moving fee determined by our Hostixo sales team per site upon your request.
The free migration service only covers a period of 30 days from the start date of your membership. It does not cover the transfer of addon domains. Hostixo does not guarantee that there will be a 100% trouble-free guarantee regarding migration or that it will offer software support.
Hostixo.com uses a central dns structure. For this reason, when you move from any of our servers to another server, you must delete the account you do not use, because a website does not work on two different servers. If you do not make the necessary intervention and delete the account you do not use, our technical team may delete the hosting account on the server where your website is not active on your behalf during the checks.
Content
All services provided by Hostixo.com must be used for legal purposes. Hostixo.com accepts the laws of the Republic of Turkey. No written, audio or visual content or material presented on Hostixo.com servers can be contrary to the laws of the Republic of Turkey. Otherwise, all material and moral responsibilities born/to be born belong to the customer. Service provider Hostixo.com is not liable.
Customers guarantee that they will not put Hostixo.com in a situation where it will be harmed due to the services it provides.
It is forbidden to violate trademarks or copyrights in our services. This covers unauthorized music copying, books, photos, or any transaction containing copyright. Selling counterfeit versions of any trademark services results in immediate deletion of your account. When any account violating these rules or violating copyrights is detected, the account is frozen or completely deleted. If you think your copyrights or trademark rights are being violated, you can send the necessary information to [email protected] as an e-mail. If the issue is a license, we may need necessary documentation.
It is forbidden to use shared hosting service as a backup or storage, “Only 1 cPanel backup compressed (.tar.gz, .rar, .zip etc.) format can be found in FTP. Please do not take backups of your backups.
Below you can find examples of materials prohibited in Shared or Reseller service:
- Toplists
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- Sites containing Adult and Pornography
- IRC Scripts / Bots
- Proxy Scripts / Anonymizers
- Unauthorized software / warez
- Image hosting scripts (like Photobucket or Tinypic)
- Autosurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce programs/scripts/applications
- Email bombing / spam scripts
- File hosting / mirror scripts (like rapidshare)
- Video distribution (scripts like youtube.com)
- Escrow/bank-like sites
- HYIP etc. sites
- Investment sites (FOREX, E-gold Exchange, Second Life/Linden Exchange, Ponzi, MLM / Pyramid Scheme)
- Sale of any material without having the legal distribution right
- Prime Bank Programs
- Lottery game sites
- MUD/RPG or PPBGs
- Hateful / racist / harassing sites
- Hacker-oriented sites / archives / programs
- Sites organizing illegal activities
- Forums/web pages containing illegal, copyrighted links (warez)
- Metin2, Knight Online style game sites
- Applications for gaining followers from social media like Twitter, Facebook
- Mailer Pro etc.
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Hostixo.com services, all related equipment, networks, and network devices are authorized only for customer use. Hostixo.com may monitor the services it offers for legal issues when necessary, to check whether the customer is making authorized use, for system management, to prevent unauthorized use, to check security procedures, and for operational security. During this monitoring process, information may be examined, recorded, or copied. By using Hostixo.com services, you accept this monitoring process.
Hostixo.com reserves the right to refuse the service used. Intervening in the use of the service offered is entirely under the control of Hostixo.com. For example, sites containing threats or violating copyrights may be deleted from our servers without warning. In these and similar cases, our Complaint department will contact you (via phone or e-mail), if no result is obtained within 48 hours, your account may be frozen or deleted.
If you have doubts about whether your site has acceptable content, you can send an e-mail to [email protected] and get detailed information without hesitation, we will be happy to help you!
For Reseller users: Accounts are frozen when similar conditions occur and a message is sent to the reseller owner about the deletion of the account. In case of multiple similar violations, Hostixo.com may freeze or cancel your reseller account.
For direct customers: Your account is deleted from our servers without sending any messages.
When the situation stated above occurs, Hostixo.com reports the necessary information to the competent authorities.
It is entirely the customer's responsibility to ensure that the scripts/programs used in your account are secure and file permissions are set correctly. Users are responsible for all changes occurring in their accounts. This involves the username and password you use when logging into the system. For your security, you should be careful that your password is difficult. If you use a weak password (like 123456), your account may be frozen until you agree to use a strong password. If it is detected that your password is weak during the account check process, we will send you a message to change/update your password.
We do not tolerate unsolicited e-mails. The accounts of users who spam will be deleted without sending any warning message.
Customers using shared hosting service can review the Mail Policy.
Spammers cannot be hosted on Hostixo.com servers. This ban does not only cover fax, instant messaging or Usenet/Newsgroup categories.
Hostixo.com reserves the right to make changes to any web page, account, database, or other components when deemed necessary.
In all our shared servers (Individual hosting, Corporate Hosting, SEO Hosting, Reseller Hosting etc.), the php mail function is closed for security reasons. Hostixo.com only allows secure e-mail sending via SMTP protocol.
Payment Information
You are obliged to pay for any service you receive from Hostixo.com. Hostixo.com guarantees the continuity of the service until the end of the provision process of the paid service. You are obliged to make your payment as long as you do not warn us to cancel the use of the service you ordered or as long as you use the entire service we provide to you.
You can send an e-mail to [email protected] for detailed information about service cancellations.
As a Hostixo.com customer, it is entirely your responsibility to enter your customer information correctly and make your payments on time. Hostixo.com guarantees to keep your data for 7 days from the invoice creation date. If you do not pay your invoice for 7 days, your account may be frozen or deleted. If there will be a delay in your payments, we would like you to contact us and ensure that we are informed about this issue so that your account is not frozen or deleted.
You can make your payments via Bank Transfer and Credit Card. If you have any questions about payments, you can send an e-mail to [email protected] or call us at +90 388 606 03 67.
Hostixo.com reserves the right to change the payment amount and service fee at any time.
Backup and Data Loss
Taking backups is entirely the customer's responsibility. Our backup service is just a free security service provided by us. Hostixo.com is not responsible for any data/file loss you have experienced. With this agreement, you accept that you have all rights on your files.
Cancellations and Refunds
Hostixo.com reserves the right to close and freeze user accounts at any time without sending any warning.
Customers can request account cancellation at any time. For detailed information about account cancellation, you can send an e-mail to [email protected] or reach us via +90 388 606 03 67 phone number. Hostixo.com may refund you within the scope of cancellation and refund conditions in case of any dissatisfaction.
Resource Usage
Users cannot do the following:
* Consumption of system resources by 20% or more for more than 90 seconds
* Use of stand-alone server-side applications (For example, hosting IRCD.)
* Use of any type of web spider or bots that provide indexing of sites is prohibited in shared hosting service. (For example Google Cash / AdSpy)
* Using any software similar to Internet Relay Chat (IRC) network
* It is forbidden to run any bit torrent application. You may be doing legal distribution for torrent, but you cannot host it on shared hosting service.
* You cannot be involved in any file sharing/peer-to-peer,
* You cannot run any game server. (like half life, counter strike, battlefield1942)
* Cron entries can be set minimum every 30 minutes for individual hosting service, 20 for reseller accounts, and 10 for corporate hosting accounts. Cron entries made outside the specified limits may be deleted without notice.
* When including any local file using PHP's include function, you should use include("include.php") instead of "http://www.yourdomain.com/include.php".
* Maximum database size is limited to 500MB for individual hosting service, 750MB for reseller hosting service, and 1000MB for corporate hosting service.
* CPU limit is determined as 10% for individual web hosting service, 15% for corporate web hosting, and 12% for reseller hosting service. Customers cannot use continuously at the specified rate.
Resource Usage – INODEs
Any user using shared hosting service (including reseller hosting) using more than 100,000 inodes will receive a warning. If no precautions are taken despite the warning, the account is frozen. The accounts of users exceeding the 250,000 inode limit will be legally deleted from our backup system to fix the average usage. Each file (web page, image, e-mail, etc.) uses 1 inode.
We do not like to freeze the accounts of users who do not exceed the usage limit much; however, we examine and/or freeze the accounts of users who frequently create and delete large files, create hundreds of thousands of files or cause damage to the system.
Backup Limit
Daily and weekly backups of users using more than 2 GB disk space or 250,000 inodes limit in shared hosting service are not taken by us. Hostixo.com takes daily, weekly, and monthly backups so that all data is not lost when any hardware problem occurs. These backups are not for the use of users, but so that data is not lost when any technical problem occurs.
Traffic Usage
You can use the traffic area allocated to you. Its quota is as much as the hosting package you purchased foresees. If you have to exceed the quota we have allocated to you, we can freeze your account until your next quota is created, you can buy additional traffic, or switch to a hosting package with higher features. Unused traffic within the month cannot be transferred to the next month. For our customers using unlimited traffic hosting; their accounts will not be frozen or deleted due to traffic as long as they do not exceed their resource usage and comply with the terms in the contract of the package they purchased. In unlimited traffic web hosting packages, bandwidth is unlimited only for your site for which you purchased service. You cannot use traffic for other sites.
Money back guarantee
There is no money back guarantee within the scope of Server, SSL, Domain Name and License Services, Support Packages, Migration, Backup Services and all service renewals. 7-day money back guarantee does not cover these services. All reseller and shared hosting service packages provided by Hostixo.com are covered by the 7-day money back guarantee. Remember, this 7-day money back guarantee is only for users using shared or reseller packages and making annual payments. It does not cover additional costs such as server rental, domain name registration, administrative costs, package add-ons. There is no refund for services such as domain name registration and software licenses in initial purchases or renewals.
Uptime Guarantee
Our Shared Hosting and Reseller servers are monitored 24 hours a day by our teams, in case of any interruption in any of our servers, we guarantee to intervene as soon as possible. However, this period may extend in direct proportion to the workload of the data center where our servers are located and the problem that may occur on the server.
Reseller: Customer Responsibility
Reseller customers are responsible for supporting their own customers. Hostixo.com does not provide any support service to reseller customers' customers. If our reseller customer's customer contacts us for support, we will inform them about who and how they can get support service. Support requests involving security issues can only be made by the reseller customer. Also, reseller customers are responsible for the content and behavior of their customers under their own accounts. When Hostixo.com detects any situation contrary to the usage agreement, it considers the reseller customer as responsible.
Shared Hosting / VPS
Users using shared hosting cannot provide hosting services. If you want to provide hosting services, you must have a reseller account. VPS accounts are not backed up, you must manage your backups yourself.
Servers It is entirely the customer's responsibility to have a valid e-mail account and ensure the security of the root password. Hostixo.com does not perform any backup operations for servers, it is entirely the customer's responsibility to manage and create backup operations. If you wish, you can buy an additional hard disk for the backup system and manage your backups, this is the simplest solution we can suggest to you. If you need a second hard disk, you can contact us via [email protected] e-mail address. Managing your backups is entirely your responsibility.
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