This Membership Contract (hereinafter will be referred as “Contract”) is entered into by and between Nokta Internet Teknolojileri San. and Tic. A.Ş. (hereinafter will be referred as “NOKTA”) who is the creator and the owner of all intellectual property rights of app.noktadomains.com (hereinafter will be referred as “Site”) and the member (hereinafter will be referred as “Member”) who is any real or legal person who desires to benefit from the services that are provided in the Site and this Contract designates the terms and conditions for Membership.
Member, upon membership to the Site, accepts, declares and commits that s/he read this Contract and understood all the consequences of its content and irrevocably accepts all of the terms and conditions stated herein.
NOKTA’s Situation: NOKTA provides its Members, who accepted the Contract and NOKTA’s designated rules, “domain name” merchandising services against a fee which is formerly and solely defined by NOKTA. The liability of NOKTA is limited with providing the “domain name” merchandising services to its members and the parties hereby accept that there is no further liability of NOKTA under this Contract.
NOKTA, if it considers it necessary, reserves the right to stop or suspend the services for a definite or indefinite period. Member hereby accepts that NOKTA shall have no liability against the member resulting from stopping or suspending the services for a definite or an infinite period. Member hereby irrevocably accepts NOKTA’s rights and limited liabilities and agrees to become a Member under these conditions.
Members shall be entitled to benefit from the services (hereinafter will be referred as “Services”) provided in the Site.
Upon acceptance of this Agreement herein:
- Real person Members accept and declare that they are over the age of 18 and has legal capacity to conclude such an agreement,
- Legal person Members accept and declare that this Agreement is approved by its authorized persons and is binding for the legal person.
If, after the electronic acceptance of this Contract, NOKTA finds that the person accepted this Contract on behalf of the Legal person is not authorized to bind the legal entity, the person shall be personally responsible for the obligations contained in this Contract, including but not limited to the payment obligations. NOKTA shall not be liable for any damage or loss resulting from relying on any instruction, notice, document or communication reasonably believed by NOKTA to be genuine and originating from an authorized representative of the legal entity.
Furthermore, the Member hereby accepts, declares and undertakes that s/he will use the Services provided in the Site in accordance with his membership, is authorized to log in to the Site and is solely responsible for the selection and use of such Services and access to the Site.
It is in NOKTA’s sole discretion to accept a Member or not. Membership application will be evaluated by NOKTA and NOKTA may reject any application without submitting any reasons. NOKTA may terminate disused Memberships.
FEES AND SERVICES
Membership to the Site is free of charge, however, NOKTA will provide the “domain name” merchandise Services against a Fee that shall be solely determined by NOKTA. Member that purchased any of the Services over the Site is responsible for the payment of these fees. All the taxes and duties, including VAT, shall be included to the price of the Services provided on the Site.
All fees and prices are non- refundable unless otherwise expressly noted, even if the Services are suspended, terminated or transferred prior to the end of the Services term. NOKTA expressly reserves the right to change or modify its fees at any time and such changes or modifications shall be effective immediately without need for further notice. Service fee shall be paid over the currency. Members are responsible for all fees related to registration and use of the domain.
If for any reason NOKTA is unable to charge Member’s payment method for the full amount owed for the Services provided, or if NOKTA is charged a penalty for any fee it previously charged to the Member’s payment method, the Member agrees that NOKTA may pursue all available lawful remedies in order to obtain payment. If the Member pays by credit card and if for any reason NOKTA is unable to charge his credit card with the full amount owed for the Services provided, or if NOKTA is charged back for any fee it previously charged to the credit card he provided, the Member agrees that NOKTA may pursue all available lawful remedies in order to obtain payment. The Member agrees that the remedies NOKTA may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to the Member of any domain names or Services registered or renewed on his behalf.
It is in NOKTA’s sole discretion to renew sold expiry domains. NOKTA has no obligation to renew a sold expiry domain.
Domain names which are currently registered to Enom cannot be transferred to another registrar within first 60(sixty) days following the purchase date.
Information we collect: NOKTA collects and stores only the following information about the Members:
- The IP addresses of the terminal from which the Member access the internet
- The IP addresses of the website from which the Member linked directly to the Site
- The date and time that Member accessed the Site
- The browser that Member used to access the Site
- The operating system that Member used to access the Site
NOKTA will not obtain any other personally identifying information about the Member when the Member visits the Site, unless the Member chooses to provide such information to NOKTA. NOKTA also collects and maintains certain information (such as e-mail addresses) on the Site and via price request and other online forms. NOKTA does not sell Members’ personal information to third parties.
The membership information and private information provided by Members shall not be disclosed except with the consent of the Member or under following conditions:
- Necessities arising from the legal rules such as Law, Decree Law, Regulation etc. which are in force and enacted by competent legal authority,
- In case any information about the Members are requested by competent administrative and legal authorities in accordance with an investigation made in due form,
- In circumstances where it is necessary to disclose information in order to protect the Member’s rights or security,
- In cases where NOKTA finds it necessary for the fulfillment of the requirements of this Agreement and/or other agreements and for the execution of such agreements.
Members have the responsibility to protect their username and password. Members shall not disclose their personal information to third parties and shall not permit the third parties to use such personal information. Besides, the Members shall inform NOKTA immediately if they find out that their personal information is being used by third parties without their consent. For the purpose of preventing unauthorized access, NOKTA has right to block Member’s access to the Site and/or to identify a new username and/or to terminate the Membership of Members. Member shall be solely responsible for protecting and obtaining the equipment and supplementary services that enables the Member to access the Site
Members hereby accept and commit to use the Site and the Services provided on the Site in accordance with the law. Members are solely responsible for any legal and/or criminal liability arising from their actions while using the Services provided on the Site. Member hereby acknowledges, declares and commits that all the content that she/he/it provided or loaded to the site is in compliance with all the laws, especially with Criminal Code, Laws No. 5651 and 4077 and does not constitute any infringement to third parties’ or Site’s real and/or individual rights or their properties, that all the information he/she/it provided is correct. The Members that breach the above-mentioned restrictions, Member shall be solely responsible for any and all claims or penalties by any third party, administrative or legal authority. Under no circumstances shall NOKTA shall be held contractually or legally liable for the content provided by the Member
The Member also commits that NOKTA is the sole owner (including intellectual and industrial property rights) of any content in the Site generated by NOKTA and the Member shall not duplicate, copy and distribute NOKTA’s content and not use such content to compete with NOKTA directly or indirectly.
Member hereby accepts, commits and declares that; in any contradiction to Law No: 5651 or other legislations or due to any administrative decisions, NOKTA may seize the Services it provides (including blocking the access to the “domain names”) without giving any prior written notification and the Member waives all his/her claims and rights due suspension of the Services. Under the scope of this Contract, NOKTA is obliged to issue an invoice (including VAT) and send to Member for the Services it provided to the Member.
The Member agrees to protect, defend, indemnify and hold harmless NOKTA and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by NOKTA directly or indirectly arising from:
- the Member’s unlawful use of and/or access to the Site or unlawful use of the Services;
- the Member’s violation of any provision of this Contract or the policies or agreements which are incorporated herein; and/or
- the Member’s violation of any third-party right, including without limitation any intellectual property or other proprietary right.
The indemnification obligations under this section shall survive after any termination or expiration of this Contract.
TERM OF THE CONTRACT, AMENDMENT & TERMINATION OF THE CONTRACT
This Contract shall become valid upon electronically acceptance by the Member and shall remain in force as long as the member remains as a Member of the Site and continue to be effectual; and considered terminated in the cases where Member’s membership period expires or where membership is temporarily or permanently ceased.
This Contract shall be governed in accordance with Turkish Law. In case of any dispute arising from the interpretation and enforcement of this Contract and which cannot be settled with mutual negotiations, Ankara/Turkey Courts and Execution Offices shall be the exclusive venue for the dispute resolution.
The Parties state, accept and undertake that the books and records, computer records, the confirmed fax messages, e-mails of both Parties shall be regarded and used as valid, final and concrete evidences through the resolution of any dispute that may arise from this Contract and that this Article shall be understood as the evidential contract which has been stipulated under the coverage of the Article 193 of Code of Civil Procedure.
Any amendments in the Member’s address shall be notified to NOKTA in writing within 3 (three) days. Otherwise the notifications sent to the address submitted by the Member in membership application form, shall be deemed as valid.
NOKTA has the right to unilaterally terminate this Contract in case Member violates the obligations determined in the Contract regarding the usage, membership and Services, especially in the circumstances abovementioned, and the Members are obliged to compensate the damages incurred by NOKTA.
By becoming a Member of the Site, the Member accepts, declares and undertakes that he has read this Membership Contract in full, understood the content in its entirety and accepted all the provisions.