In this document:
“Yusran”, “We”, “us” and “our” refer to Yusran Corporation, operating from Istanbul, Turkey (please refer to complete up-to-date contact information at www.yusran.cloud or www.yusran.com).
“You”, “Your”, and “User” refer to You as the user of Yusran’s Services, or any agent, employee, servant or person authorized to act on Your behalf.
These Terms of Service (“The TOS”) set forth the terms and conditions of Your use of one or more services (“Services”) and their related add-ons and add-on offers presented to you by Yusran.
The TOS also explain Our obligations to You, and explain Your obligations to Us with regards to these various Services.
In order to use any of the Services, Yusran assigns and grants you a private account (the “Account”) to which your ordered Services are linked, and from which they can be managed.
When You use Your Account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this document.
This Introduction is an integral part of this document and may not be omitted or considered optional at any rate.
2. The Services
Yusran Corporation, under the TOS, will only provide a web hosting service, the service details are in accordance with a hosting plan that You have agreed with Yusran about, either by choosing it from a list, or by accepting a custom arranged offer provided by Yusran.
Our Services are not available to individuals under the age of 18.
3. Accurate User Information
You agree to maintain accurate information by providing updates to Yusran, as needed, while You are using the Services. You agree You will notify Yusran within five (5) business days when any change of the information You provided as part of using the Services changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Yusran to determine the validity of information provided by You will constitute a material breach of the TOS. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Yusran has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Yusran has the absolute right, in its sole discretion, to terminate its Services and close Your account.
In this section we explain the information we collect from you, what we do with that information and our information security policy. Your privacy is very important to us.
4.1. Your Information
When you sign up for any of our services, we will ask you to provide contact information for your convenience as well as legal reasons. This may include Your given name, date of birth (for individuals), Your given address, Your e-mail addresses, and payment details (credit or debit card or PayPal, Bank Account Number, etc.)
4.2. How Your Information Is Used
We will use your personal identifiable information in the following ways.
- As an authentication mechanism for establishing proof of authorization to use your Account.
- For payment purposes and to provide convenient and targeted support.
- To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at any time by following the instructions in your Account or at the bottom of the e-mail.
- To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customize your visit.
We shall never provide your personally identifiable information to any persons or third parties, except:
- As required by law, or to a law enforcement or a regulatory agency, at their request.
- To third parties who provide services on our behalf, such as payment processing, only if they agree not to misuse this information.
- To legal representatives of entities that have submitted a valid copyright infringement claim.
We do not, under any circumstances apart from the above, give away or sell your information to any third parties.
Your personal information is stored encrypted at rest on Our systems, and we guarantee to apply the best of our technical abilities to keep this information secure from unauthorized access.
Upon using our services, you may be requested to participate in our periodic internal surveys that are conducted by Yusran Web Hosting to determine your personal interests. These surveys are strictly voluntary. The data collected through these surveys will only be used to improve our products and services and will never be sold to any third parties.
4.4. Personally Identifiable Information
4.5. Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
4.6. Changes To This Privacy Statement
5. Accepted Use Policy
Yusran Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable European Union member states, the United Kingdom, and The Republic of Turkey.
- not to transmit any unsolicited commercial or bulk email, and not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or Internet Forum.
- not to make, attempt, or allow any unauthorized access to Yusran websites, Yusran servers, your own Account or the Account of any other customers of Yusran.
- not to allow any remote code execution of malicious software through the Services provided by Yusran.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against Yusran servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use any of the Services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; profess hatred for particular social, ethnic, religious or other group; contain any kind of an unsecured or poorly-secured proxy server or other traffic relaying programs that can be considered publicly-open; promote money making schemes, multi-level marketing or similar activities.
- not to use any of the Services to host any website, or other content that is, or can be considered: Banks, IRC bots, warez, banner-ad services, Top-Sites, image or video hot-linking source, High-Yield Interest Programs (HYIP) or related sites, investment sites(FOREX, E-Gold Exchange, etc.), bitcoin miners, lottery, gambling, casino, torrent trackers, torrent portals or similar sites, selling of any controlled substances, selling of any medicine or medication (as categorized by the manufacturer), AutoSurf sites, bank debentures, bank debenture trading programs, Prime Bank programs, lottery sites, hate sites, hacking focused archives or programs, sites promoting illegal activities (according to the Governing Laws), IP scanners, brute force programs, mail bombers, viruses, trojan horses, worms, time bombs, corrupted files, any other similar software or program that may damage the operation of a computer or a person’s property, or spam scripts.
- not to upload potentially harmful material using the Service, and not to use the Service to hold such material which includes: bitcoin miners, IRC bots, warez, AutoSurf scripts, escrow, bank debentures, bank debenture trading programs, prime banks programs, lottery scripts or bots, illegal content (according to the Governing Laws), IP scanners, brute force programs, mail bombers, viruses, trojan horses, worms, time bombs, and spam scripts.
- not to engage in or to instigate actions that cause harm to Yusran or other customers. Such actions include, but are not limited to, actions that result in blacklisting any of Our IPs by any online spam/threat database, or actions resulting in DOS/DDOS attacks against any target, or other similar electronic attacks.
Yusran reserves the right to refuse service to anyone upon Our discretion. Any material that in Yusran’s judgement, is either obscene or threatening is strictly prohibited and will be removed from Yusran servers immediately with or without prior notice and may lead to possible warning, suspension or immediate Account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Yusran will take preventative or corrective action upon our own discretion and will notify You through your account. Yusran’s decision in such case is binding and final, and cannot be a subject of a further change. Yusran cannot and shall not be liable for reimbursement for any loss or damage arising from Our measures against actions causing harm to Yusran or any other third party. We have the right to terminate each and any Service that has been suspended for any perceived violation of the AUP for more than 14 days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation and informed Us prior to termination. Upon termination the data related to the service will be treated in accordance to the terms stated in the Service Termination section of the TOS and no refund will be granted. Yusran will not be liable for any losses or damages in such cases.
At its discretion, Yusran can remove any content We determine to be prohibited by the TOS or its appendixes, addendums, and supplements. No backups will be kept of removed content.
6. Uptime Guarantee
This section explains how We guarantee that the Services will be available to You within a certain threshold, in accordance with their nature, and how We shall offer reimbursements in certain cases of Service interruption or outage.
This uptime guarantee applies to any Service User in good financial standing with Yusran at the time of a service interruption or outage.
6.2. Service Availability Specifications
Yusran endeavors to have the content of Your properly-configured website available over http access by any third party in the world 99% of the time, measured over the duration of the Service payment term, as long as this third party have proper access to the public internet, and are not restricted by an ISP or another regulatory entity.
The Service is considered interrupted or in a state of an outage when We detect that a properly-configured website is not accessible due to a 100% network packet loss from 25% or more of Our geographically distributed probes over a period of 30 minutes or more.
The Service is considered restored or in a state of operation when the interruption or outage is no longer detected for at least 10 minutes.
Outage time resulting from any of the following shall not be factored in the availability time of your Services:
- Scheduled maintenance as posted by Yusran via web, Facebook or twitter, or direct email communication with You.
- Your behavior or the performance or the misconfiguration or failure of your equipment, facilities or applications.
- Circumstances beyond Yusran’s reasonable control, including, without limitation, acts of any governmental body or regulatory entity, war, plague, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services, including DNS propagation and domain name registrars, failure of third party software or hardware, inability to obtain equipment, supplies, or power used in or needed for the provisioning of the Services.
- Any term of the TOS that causes a Service to be unavailable due to a suspension or termination.
- Breaking any term of the AUP.
6.3. Reimbursement Credits
In the event that your Service availability is found by Us (by whichever means) to be less than the guaranteed amount, We will credit Your Account as follows. Your credit shall be retroactive, with the maximum credit amount not exceeding 50% of the affected Service’s recurring period fee for the affected period. This credit can only be used with Services or Service renewals or extensions and add-ons purchased from Us under Your Account.
- 95% to 98.9% uptime: Your Account will be credited 10% of your Service’s period fee.
- 91% to 94.9% uptime: Your Account will be credited 20% of your Service’s period fee.
- 90.9% or below: Your Account will be credited 30% of your Service’s period fee.
7. Customer Support
Yusran provides customer support to You at no additional fee for issues related to the Service only. Yusran has the right to decide what is a Service related issue and to charge additional fees or refuse to provide support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
8. Back Up Copy
You agree to maintain Your own independent archival and backup copies of all content hosted by the Services, notwithstanding any arrangement with Us to provide backup services.
9. Account Use
You are responsible for the security of Your password. We will not change passwords of any account without proof of identification of the account holder that is satisfactory to Us. We may require that such proof includes providing official documents and/or a written authorization with a signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Yusran will remain neutral and may put the Services on hold until the situation has been resolved, up to 90 days, after which, if a resolution is not attained, the Services will be cancelled without a refund. Under no circumstances will Yusran be liable for any losses incurred by You during this time of determination of the right holder, or due to the cancellation of the Services. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Yusran from any and all claims arising from such Service management rights disputes. If you are required to supply or transmit sensitive information to Yusran you should take all due precautions to provide any sensitive information over a secure communication channel.
10. Service Termination
When a Service is terminated all customer data stored under this service and any backups of such data are scheduled to be destroyed or irreversibly deleted after 3 working days, and up to 31 days. However, We shall reserve the right to keep data related to You, Your Account, and to the Service operations indefinitely, such as Your contact information, all billing; payments history, Service logs, and statistical data, even if You are no longer subscribed to any Service or Your Account is terminated.
11. Billing and Payment
All fees for the services shall be paid in accordance with the service’s billing schedule, and must be paid in full before the service is activated, renewed or extended.
Payment for registering a new service shall be made in advanced with a full refund guarantee, minus the transfer charges, if the service is cancelled by You within 14 days of its activation.
- For services that can be renewed once a year, We shall notify You 30 days prior to the payment due date, the payment shall be received at least 7 days prior to the due date. If the payment is not received by then, Yusran, in its sole discretion, may immediately withhold access to or suspend some or all of the Services. There will be a €10 fee to reinstate accounts that have been suspended or had their access withheld.
- For services that can be renewed more than once a year, We will notify You 10 days prior to the payment due date, the payment shall be received at least 1 day prior to the due date. If the payment is not received by then, Yusran, in its sole discretion, may immediately withhold access to or suspend some or all of the the Services. There will be a €10 fee to reinstate accounts that have been suspended or had their access withheld.
If a payment for a Service that is suspended, or has its access withheld, is not received within 10 working days from the payment’s due date, Yusran, in its sole discretion, may immediately terminate this agreement, and schedule Your affected Services to be terminated in accordance with the procedure detailed in the Service Termination section of this document.
All taxes, fees and governmental charges relating to the Services provided herein, and their payments, shall be paid by You. You may be charged a VAT, based on the country indicated in Your address. Any amounts to be charged will be presented alongside the offered pricing.
Acceptable payment methods shall be (i) Bank transfer, (ii) Cash, and (iii) Check to Us or a current representative that we explicitly delegate and declare in a future communication. The details of the accounts to be addressed shall be communicated to You in a supplemental communication from Yusran.
While all purchases are processed in Euro, Yusran may provide estimated prices in currencies other than the Euro. You acknowledge and agree that the pricing offered for a Service in a currency other than the Euro is an estimate, and due to potential exchange rate changes, this price may change. Accordingly, Yusran makes no warranties that the announced and offered estimated prices will be valid for more than 48 hours after the announcement unless a payment process is initiated with a bank or payment processor, or the payment method is handed to Our delegated recipient within this time period.
13. Governing Law and Jurisdiction for Disputes
With respect to any dispute regarding the Services provided under this TOS document, Your rights and obligations and all actions contemplated by the TOS shall be governed by the laws of The Republic of Turkey. You agree that any action to enforce the TOS or any matter relating to Your use of the Services must be brought exclusively in the Courts of Turkey.
We offer Services hosted on computer equipment and devices that exist physically under the jurisdictions of the European Union and the United Kingdom, and therefore any data that get stored or computed on these devices, and any network communications with these devices are subject to the laws of the respective states where these devices reside.
14. Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the TOS, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the TOS to the contrary, the maximum aggregate liability of Yusran and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by the User for one subscription period of the Service.
15. Termination Cancellation Policy
The Term of this document shall begin upon commencement of the requested or contracted Services.
This document does not expire with time, and shall remain in effect as long as it is not terminated by any of the Terms set forth.
This agreement may also be terminated:
- By You, by submitting a verifiable termination request to Yusran.
- By Yusran:
- At any time, without prior notice, if, in Yusran’s sole judgement, You are in violation of any terms or conditions of the TOS or its appendixes, addendums, or supplements.
- In Yusran’s sole judgement, when Your use of the Services places, or is likely to place, unreasonable demands upon Yusran or could disrupt Yusran’s business operations.
- If it so determines that You are, or are alleged to be, violating the terms and conditions of any other agreement entered into by You and Yusran.
- If Yusran is no longer able to commit to providing the Services in accordance to the TOS.
In the event of termination or suspension of Services under the above circumstances, You agree that (a) no pre-paid fees will be refunded to You, unless expressly stated otherwise; and (b) any data related to Your Account will be treated in accordance with the Service Termination section of this document.
Refunds, where applicable, do NOT apply to dedicated IP addresses, service add-ons (such as third party products (software, service, or otherwise, e.g.: cPanel, Softaculous, etc.), that are not included with the service by default and are purchased at an additional fee), or domain registrations and their related fees.
In the event of termination of Services caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Yusran incurs in closing your Account. You agree to pay any and all costs incurred by Yusran in enforcing your compliance with the TOS.
16. Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: significant failure of a portion of the power grid; significant failure of the Internet; earthquake; flood; fire; storm; natural disaster; plague; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, having or claiming jurisdiction over Yusran, or of any civil or military authority; or any other cause or circumstance whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Agreement after submitting a verifiable notice to the other party.
17. Term of the TOS; Modifications or Revisions
You agree that Yusran may modify this document and the details of the Services it offers to You from time to time. You agree to accept and be bound by any changes Yusran may make to this document, either as soon as such changes take effect as announced by Yusran, or on the earliest due date of Your next payment for any Service. The terms and conditions of this document shall continue in full force and effect as long as You take advantage of and use the Services. By renewing or extending any Service after any revision to this document is announced, you agree to abide by and be bound by any such revisions or changes.
18. Trademark or Copyright Claims
Yusran is a service provider and respects the copyrights and other intellectual property rights of others. In the case that Yusran receives a proper notice of infringement of copyright, trademark or other intellectual property, Yusran reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Yusran believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
Yusran expressly reserves the right to terminate in appropriate circumstances an Account or the access rights of a User for a repeated copyright infringement. Yusran also reserves such right of termination for even one instance of infringement.
The section headings appearing in this document are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.