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ATAKDOMAIN.COM HOSTING AGREEMENT

Atak Domain Hosting Internet Ve Bilgi Teknolojileri Ltd. Sti. (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

HAVE

entered into a Customer Master Agreement effective from June 25, 2015 of which this "Customer Hosting Product Agreement Extension" is a part.

WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;

WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services ("Hosting Order") through the Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:

1. Rights of Parent
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -

A. General Terms

(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to 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), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.

(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.

(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.

(4) Run any type of web spiders or indexers.

(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.

(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.

(7) Participate in any P2P or file-sharing networks.

(8) Use excessive resources which in the Parents sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parents services.

(9) Use the email service for sending or receiving unsolicited emails.

(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.

(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.

(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.

(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.

(14) Run cron entries with intervals of less than 15 minutes.

(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.

B. Web, Email Hosting Specific terms

(1) As a backup/storage device.

(2) Run any gaming servers.

(3) Store over 100,000 files.

(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.

(5) Run any MySQL queries longer than 15 seconds.

(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.

(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parents sole discretion.

(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.

(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.

(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.

(11) Use more than 50% of the websites disk space used by your Hosting order for storing emails.

(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.

(13) Store more than two website backup files.

(14) Use more than 5GB per database.

1. Overview

The Domain Name Registration Agreement (this “Agreement”) is entered into by and between Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. , a Turkey limited liability company ("Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.") and you, and is made effective as of the date electronic acceptance (electronically or in writing). This Agreement sets forth the terms and conditions of your use of Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.’s Domain Name Registration services ("Domain Name Registration”, “Registered Name”, “domain registration” or the “Services”).

The terms "we", "us" or "our" shall refer to Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.. The terms "you", "your", "user" or "customer" shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your acceptance (electronically, in writing, or by submitting a domain registration) of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. Terms of Service Agreement (TOS), which is incorporated herein by this reference, as well as the following policies that are expressly incorporated by reference herein:

gTLD Domain Registration Policies

ccTLD Domain Registration Policies

 

2. This Agreement

Representation. You represent, warrant, and guarantee that:

you have the full power and authority to execute, deliver, and perform under this Agreement;

you are at least eighteen (18) years of age;

this Agreement is valid, binding, and enforceable against yourself in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any other agreement;

you are not a person or entity barred from purchasing or receiving the Services found under the laws of Germany, the European Union, the United States or other applicable jurisdictions;

if you are entering into this Agreement on behalf of an organization or corporation (not a natural person) that you have the legal authority to bind such organization or corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user”, “client”, “reseller” or “customer” shall additionally refer to such organization or corporate entity; and

if you are entering into this Agreement on behalf of an organization or corporation that the entity is duly organized, authorized and in good standing under the laws of the jurisdiction in which it was formed.

 

Continued Use. By using the Website or the API or the Modules or the Services, you acknowledge that you have read, understood, and agreed to all the terms and conditions of this Agreement, including any other agreements or policies (collectively “Policies”) referenced herein or that may be published by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. from time to time. The operative and effective version of this Agreement and Policies is found.

Amendments. Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. may, in its sole and absolute discretion, change or modify this Agreement and the Policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to https://www.atakdomain.com. And your use of this Website or the Services after such changes or modifications are posted shall constitute your acceptance of this Agreement and the Policies as last revised. If you object to any amendment, your sole remedy is to stop using the Website and Services, and terminate this Agreement in accordance with the termination provisions herein It is your sole responsibility to keep a copy of the current Agreement and Policies and to frequently visit the web page found at https://www.atakdomain.com to review the most current versions thereof. Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. shall not be obligated to send you any notice of amendments to this Agreement or the Policies, however it is your responsibility to ensure your Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. account (“Account”) information is always current. If Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. sends out email notices, Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. assumes no liability or responsibility for your failure to receive an email notification if such failure is a result of inaccurate email addresses or Account contact information.

3. Your Domain Name Registrant Obligations and Responsibilities

You acknowledge, understand and agree to the following obligations and responsibilities as a customer of Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.’s Domain Name Registration services:

Accuracy of Domain Registration Information. You agree that for each domain registration submitted by you, the following contact information shall be accurately and truthfully provided: full name, postal address, email address, telephone number, and if available, facsimile number of the registrant contact of the domain name (Registered Name Holder) and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact. Failure to provide truthful and accurate information shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name.

Changes to Domain Registration Information. You agree that for each domain registration, you will notify Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. within five (5) calendar days of any changes to the full name, postal address, email address, telephone number, and if available, facsimile number of the Registered Name Holder and if different from the Registered Name Holder, changes to the same contact information for the technical contact, the administrative contact and the billing contact. It is your responsibility to keep this information current and accurate. Failure by you, for whatever reason, to maintain truthful and accurate information on a continual basis, shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name. Inquiries made by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. to determine the validity of information provided by you must be responded to within five (5) calendar days. Failure to respond to such inquiries shall be considered a material breach of this Agreement and will also be a basis for suspension and/or cancellation of the domain name.

Collection and Use of Domain Registration Information. You agree to be bound by the provisions of Section 6, Collection, Use and Privacy of Information.

Reporting Change of Status. You will report any material changes to the validity of your authorization, charter, license, residency, title, status and/or other related credentials that will effect the your legitimacy or qualification to be the Registrant Owner of the Registered Name.

Restrictions and Right to Refuse Service. You agree to be held liable for all damages and actions from Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. resulting from your inappropriate or illegal use of any Registered Name (Restricted Activity) including the suspension, deletion, or cancellation of a Registered Name as well as covering all damages resulting from the use of a Registered Name that:

transmits unsolicited email (Spam);

transmits repetitive, high volume inquires into any of the Services provided by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. (i.e. domain name availability, etc.);

distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law

links or redirects to illegal content that: is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;

is threatening or invades another person's privacy or property rights or otherwise breaches any rights of or duty to a third party;

misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;

infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;

violates any applicable local, state, national or international law or regulation;

promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;

advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation;

 

 

 

Violation of Restrictions. You understand and agree that violation of the Restricted Activities constitutes a material breach of this Agreement. You agree that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., in its sole discretion and without liability to you, may refuse to accept domain registrations, delete domain registrations during the first thirty (30) days of registration, or cancel a domain registration at anytime after the first thirty (30) days of registration if you violate the Restricted Activity provisions at anytime.

Indemnity. You agree to defend, indemnify, save and hold Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligations and responsibilities stated in this Agreement.

Proprietary Rights in Name. You acknowledge and agree that the registration or renewal of a particular domain name through the Services or the subsequent use of the Registered Name does not confer upon you any proprietary rights in the Registered Name, nor does it guarantee immunity from and against any challenge to the registration of the Registered Name by any third party, nor from the cancellation, suspension or transfer of the Registered Name.

4. Domain Name Registration, Renewal, and Expiration

Mediator. You understand and agree that in the procurement, registration, and administration of domain names, Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. acts only as a mediator between you and the other parties involved in the registration process, including registrars and the institutions authorized to administer the central databases for the particular domain names. In this regard, you understand and agree that submission of a Domain Registration Order does not guarantee registration or continued existence of the registration of a domain name. Therefore, you release Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. of any liability for any domain name that fails to be registered or become unregistered, suspended, or transferred away for any reason.

Sponsoring Registrar. The sponsoring registrar is Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. – https://www.atakdomain.com. And used herein, the terms “Registrar” shall refer to Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. .

Country Code Top Level Domain Names (“ccTLDs). In the case of ccTLDs, you acknowledge and agree that the Services in connection with these registrations can be permanently interrupted and/or modified without prior notice, understanding that you bear the sole and all risk for such interruptions and/or modifications interfering with or preventing the use and/or the intended use of one or more ccTLDs. Your also understand and agree that the mode of operation of ccTLDs are not concurrent with that of conventional domain names, therefore, you understand and agree that due to the differences in technical implementations of ccTLDs some or all necessary ccTLDs do not function as intended or at all.

International Corporation of Assigned Names and Numbers (“ICANN”). Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. represents the Registrar, an ICANN accredited registrar, and as such you acknowledge, understand and agree that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. is bound by its agreement with its Registrar and thus also with ICANN. You acknowledge, understand and agree that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. may modify this Agreement in order to comply with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) an ICANN approved registry applicable to the generic top-level-domain ("gTLD") in question. If you register a domain name under ICANN’s jurisdiction, you agree to the following:

To comply with the ICANN requirements, standards, policies, procedures, and practices for each applicable Registry at all times and to also comply with any future changes or updates enacted by ICANN.

To comply with any operational standards, policies, procedures, and practices for the each Registry, which can change from time to time by the applicable Registry Operators in a non-arbitrary manner.

To read the Registrants' Benefits and Responsibilities

To read the Registrant Educational Information

 

Domain Registrars, Intermediaries, Registries and ICANN Terms and Conditions.

Domain Policies. For domain names you attempt to register, you consent to Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. submitting Domain Registration Orders to authorized registrars either directly or through an intermediary. You also understand that domain names are administered by a multitude of different organizations internationally and that each of these organizations has different terms and conditions for the registration and administration of domain names as well as for domain name dispute procedures. In this respect, for the domain names you register through Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., you acknowledge, understand and agree to the terms and conditions of each registrar, intermediary, registry and/or organization, which are expressly, incorporated by reference herein as the ccTLD Domain Name Registry Policies and the gTLD Domain Name Registry Policies (together known as the “Domain Policies”).

Current Domain Policies. You understand and agree that it is solely your own responsibility to keep informed and up-to-date on the current respective Domain Policies connected to the domain names you have registered at Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.. You also understand and agree that a violation of the current Domain Policies due to your failure to keep up-to-date is a material breach of this Agreement.

Indemnity. For domain names you register through Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., you will indemnify and hold harmless each registrar, intermediary, organization, registry operator and registry including their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.

Domain Name Registration. A domain name registration is not effective until the following provisions are met:

(1) All the terms and conditions for Payment of Fees in this Agreement.

(2) That Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. submits and delivers to the applicable registry operator the domain name registration or application information (Domain Registration Order) and such registry puts the registration into effect (Registered Name). Submission of a Domain Registration Order does not guarantee that the domain name will be successfully registered. And Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. is not responsible for any domain name that fails to be successfully registered as a Registered Name.

Domain Name Renewal. Your continued use of a Registered Name is subject to your timely payment of renewal fees before the expiration date of a domain name, as well as, your continued compliance with this Agreement and any rules or policies referenced herein. You understand and agree that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. is not responsible for cancelled domain names that you fail to properly renew under the following conditions:

Renewal Payment of Fee Conditions: All the terms and conditions for Payment of Fees in this Agreement are met.

Reserved Account Funds for Upcoming Renewals. If Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. does not receive the applicable renewal fees for a Registered Name (as cleared funds) thirty (30) days prior to the expiration date of a domain name, Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. reserves the right to cancel the registration of the Registered Name and remove it from the Registry's root zone file immediately following the domain name’s expiration date.

Automated Renewal. Contingent on the full domain renewal fee being paid by you and received by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. (as cleared funds) at least thirty (30) days prior to the expiration date of a domain name, Registered Names by default are set to be automatically renewed. To modify the default automatic renewal setting of a Registered Name, you must provide written notice of non-renewal to Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. at least 3 months prior to the expiration date of the respective Registered Name.

Manual Renewal. If you do not select a Registered Name to be automatically renewed, it is your sole responsibility to manually renew the expiring domain name before its expiration date (should you in fact want the domain name to be renewed). You acknowledge, understand and agree that if you choose to manually renewal a Registered Name and you fail to complete the manually renewal process before a domain name’s expiration date, this will result in cancelation of the domain name and removal of the domain name from its Registry's root zone file immediately following the domain name’s expiration date.

Domain Renewal and Restore Pricing for Non-Premium Domain Names. The default price for renewing a gTLD is 178.50 (net 150.00) USD. The default price for restoring a gTLD is 654.50 (net 550.00) USD, which may be lower depending on the gTLD. The default price for renewing or restoring a ccTLD is determine by the prices available on your Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.’s account, which you must log in to review. Prices for renewing or restoring a Registered Name are at the sole and absolute discretion of Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. and can change without notice to you. The price that you will be charged for a renewal or a restore can always be reviewed by logging into your account at Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti..

Renewal and Expiration Notices for gTLDs. Domain renewal notifications are sent to the registered owner of the Registered Name (Registrant) of expiring domain via the Registrant’s respective email address (as provided on the domain name's whois contact information) over three separate notices. The first email is sent out approximately one month prior to a domain's expiration date. A second email is sent out approximately one week prior to a domain's expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final email is sent to the Registrant on the fifth day post expiration.

Registry Renewal Policies. You agree to follow and be bound to the respective Registry renewal policy for the domain name you are renewing as provided for by the Doman Policies.

Expiration of Domain Name. The renewal of any Registered Name is solely and completely your responsibility alone. Registered Names that expire will be removed from the respective Registry's root zone file and will no longer resolve. You acknowledge, understand, and agree to release and hold Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. completely harmless against any claim for damage or loss arising from your failure to renew a Registered Name.

Renew Grace Period After Expiration. Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. as it’s sole discretion, for some Registered Names, may allow a period of time after the expiration date of the domain name in which you may still renew the Registered Name (Renew Grace Period). Some domain names have no Renew Grace Period and for others the length of time for the Renew Grace Period varies. Failure to renew during the Renew Grace Period will result in the expired domain name being placed on hold and flagged for deletion. The Renew Grace Period for specific domain names can be reviewed at https://www.atakdomain.com and is subject to change at anytime without notice

Redemption Period After Expiration. Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. as it’s sole discretion, for some Registered Names, may allow a period of time after a Renew Grace Period or after the expiration date for domain names that do not have a Renew Grace Period, to restore or redeem a Registered name that has been placed on hold and flagged for deletion. The Redemption period is typically 30-days, but can vary and is subject to change at anytime without notice. Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. will only restore a Registered Name during this period upon receiving a written notice (either by email or fax) from you along with payment of the applicable restore fees. The Redemption Period for a specific domain name can be reviewed at https://www.atakdomain.com, which is subject to change at anytime without notice

Deletion of Domain Name. Domain names are deleted immediately after a Registered Name’s expiration date, however, for those domain name with a Renew Grace Period and/or a Redemption Period enabled by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., the Registered Name will delete after the end of the respective period. Deleted domain names will be released by the respective registry and will then become available for registration on a first-come-first-served basis.

Registry Renewal Grace Periods and Redemption Grace Periods. These periods can vary for different ccTLDs and gTLDs. You agree to follow and be bound to the respective Registry policy for the domain name you are renew or redeem as provided for by the Doman Policies.

5. Domain Name Dispute Resolutions

Domain Name Dispute Policies. You acknowledge, understand, and agree to respond and settle any disputes for any Registered Names in your account according to the resolution policies of the respective ccTLD registry or ICANN. In the case of ICANN, you agree to be bounded by ICANN's Uniform Rapid Suspension System (“URS”) and Uniform Domain Name Dispute Resolution Policy ("UDRP"). These dispute polices are amended from time to time therefore the domain policies, URS, and UDRP are hereby incorporated into this Agreement by reference.

Lock, Cancel or Transfer of Domain Name. You acknowledge, understand, and agree that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. may be required to lock, cancel or transfer a domain to a third party in accordance to the Domain Name Dispute Policies. In the case of an UDRP action against you, unless you respond and provide evidence within ten days of an Administrative Panel’s decision, where you commence a counter lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name, the domain name in question may be locked, cancelled, or transferred to a third party.

For the adjudication of disputes concerning or arising from use of a domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where Registrar is located.

You agree that if a dispute arises as a result of one (1) or more domain names you are the Registered Name Holder with Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., you will indemnify, defend and hold Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. harmless as provided for in this Agreement. You also agree that if Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. receives a complaint from a governmental, administrative or judicial body, regarding a domain name registered by you using Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., in its sole discretion, may take whatever action Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. And in this event, you agree to hold Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. harmless for any such actions.

6. Collection, Use, and Privacy of Information

Registry Operator Rights to Contact Information. You acknowledge, understand and agree that domain name registrations requires your customers to provide correct and accurate contact information, in whole or in part, and this contact information is to be shared with the registry operator, for their use, copying, distribution, publication, modification and any alternate use provided for in their respective Registry policies. You agree to disclose the Registry Operator’s rights and obtain consent from your customers to provide to you correct and accurate contact information and consent that such information will be shared with the registry operator for whatever use the registry operator deems appropriate.

ICANN Whois Requirements. As required by ICANN, the contact information must be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois and you agree to disclose and obtain consent by your customer for the following: If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy:

Whois Directory. Your customer to agree that for each domain name registered by the customer the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

(1) The domain name
(2) Your name and postal address
(3) The name, email address, postal address, voice and fax numbers for technical and administrative contacts
(4) The Internet protocol numbers for the primary and secondary name servers (and corresponding names of the name servers)
(5) The original date of registration and expiration date, and
(6) The identity of the registrar.

Whois Escrow. Your customer to agree that the Registrar and/or the Registry Operator of a domain name may be required to archive the contact information with a reputable third-party escrow service.

Use of Whois: Your customer to agree that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. may use of the public information you provide during the registration of a domain name to the extent permitted by ICANN

Whois Requirement for Resellers. If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy.

gTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual gTLD registry operators provided under the gTLD Domain Name Registry Policies.

ccTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual ccTLDs registry operators for domain names that provided under the ccTLD Domain Name Registry Policies.

Consent. You hereby consent and give permission for all such requirements and disclosures.in this Section of this Agreement. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure. And you understand that the Registrar will not process data in a way that is incompatible with this Agreement and the Registrar will take reasonable precautions to protect data from loss or misuse.

7. Payment of Fees

Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. Universal Terms of Service – Pricing and Payment. You understand and agree to pay all prices and fees (Payment) due for Services in accordance with the Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. Universal Terms of Service.

Security of Payment. You also understand and agree that if your Payment for the Services cannot be secured by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. by either having sufficient and confirmed funds in your Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. Account or in your Reserved Funds balance (monies withdrawn and held from your account balance in preparation of payment of some types of Services), Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. is under no obligation or requirement to process your domain registration or domain renewal transaction. You also agree and confirm to indemnify, save and hold Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting your failure to secure payment with Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti..

Chargebacks and Reversal of Confirmed Account Funds. You agree that registration, renewal and use of any of the Services, including domain names, is contingent the original Payment being legitimate and permanent. You agree that any payment reversal due to credit card chargebacks or through a reversal of account funds means that the original Payment was illegitimate and you therefore have no claim or right to the Services or use of the Services associated with the illegitimate Payment and that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. has the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion.

8. Breach of Agreement and Suspension of Services

Rights to Deny, Cancel, Transfer, Lock, Alter, Suspend. You acknowledge and agree to disclose and obtain consent from your customers that Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti., Registrar and any respective Registry reserves the right to deny, cancel, transfer, or alter any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion for the following:

To correct mistakes made by registry or any registrar in connection with a domain name registration

To facilitate the transfer of domain from one registrar to another;

The non-payment or reversal of fees (Payment)

To protect the integrity and stability of a registry

To comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process

To comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement;

To avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees

An occurrence of any of the prohibited activities described in Section 3.5

For the resolution of a dispute.

 

Breach of Agreement. Your right to resell the Services is subject to cancellation or suspension for unresolved breaches of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later.

Complete Compliance. You acknowledge, understand and agree that your failure to comply completely with this Agreement is a material breach and Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti. may provide you with notice of such breaches either in writing or electronically (i.e. email) for which you will have ten (10) calendar days to rectify the breach. Failure to rectify a breach may result in termination of this Agreement which may include, but is not limited to, cancelling the registration of any or all of your domain names and discontinuing any other Services provided to you by Atak Domain Hosting İnt.ve Bilgi Teknolojileri Ltd. Şti.. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.

This User Agreement ("Agreement") is an agreement between Atakdomain.com, LLC and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom Atakdomain.com provides links or banners to promote the services or products of Atakdomain.com or any third party the services or products of which are offered by or obtained through or in connection with Atakdomain.com), resellers or others (i) who sign up for, use or obtain services or products from Atakdomain.com or from any third party services or products of which are offered by or obtained through or in connection with Atakdomain.com, or (ii) who visit the Web sites of Atakdomain.com or of any such third party.

PLEASE READ THIS AGREEMENT CAREFULLY.

SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy.
   Under this Agreement, User shall comply with Atakdomain.com's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Atakdomain.com, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Atakdomain.com does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, Atakdomain.com may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event Atakdomain.com takes corrective action due to a violation of the AUP, Atakdomain.com shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that Atakdomain.com shall have no liability to User or any of User's users due to any corrective action that Atakdomain.com may take (including, without limitation, suspension, termination or disconnection of Services).
 
Atakdomain.com respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.


2. HIPAA Disclaimer. We are not “HIPAA compliant. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Atakdomain.com does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Atakdomain.com is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, email us.


3. Term; Termination; Cancellation Policy.


• The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term OR SUCH OTHER TERM AND PRICE THAT SHALL BE SET FORTH IN A NOTICE TO THE CUSTOMER AT LEAST 30 DAYS PRIOR TO THE COMMENCEMENT OF SUCH SUCCESSIVE PERIOD OR RENEWAL PERIOD. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE OR RENEWAL PERIODS, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
  
  
• This Agreement may be terminated or cancelled;
  

  • At anytime by either party (Including by You, if you receive notice of an amendment to this Agreement) by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum $35.00 charge as an early cancellation fee.

    If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain (and any applicable taxes) will be deducted from your refund. If you do not wish to keep the domain name, Atakdomain.com will take possession of the domain and the fee will not be charged.

    The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.

  • by Atakdomain.com in the event of nonpayment by User,
  • by Atakdomain.com, at any time, without notice, if, in Atakdomain.com's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in Atakdomain.com's sole and absolute discretion and/or judgment, could disrupt, Atakdomain.com's business operations and/or
  • by Atakdomain.com as provided herein.
  
  

• If You cancel this Agreement, upon proper notice to Atakdomain.com, prior to the end of the Initial Term or any successive period (or renewal period) thereafter,

  • You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;

  • Atakdomain.com may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any applicable taxes and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;

    If your plan includes a free domain name, a fee for the domain and any applicable taxes will be deducted from your refund. If you do not wish to keep the domain name, Atakdomain.com will take possession of the domain and the fee will not be charged.

    and/or

  • We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the then-current Term (other than basic hosting fees as provided in (ii) above).
  • Any cancellation request shall be effective thirty (30) days after receipt by Atakdomain.com, unless a later date is specified in such request.


• AtakAtakdomain.com may terminate this Agreement, without penalty,
  
  • if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
  • immediately, if AtakAtakdomain.com determines that User's use of the Services, the Web site or the User Content violates any AtakAtakdomain.com term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If AtakAtakdomain.com cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, AtakAtakdomain.com shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the then-current Term and AtakAtakdomain.com shall have the right to charge You an administrative fee of a minimum of $35.00.
• Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 3(e), 4, 5, 15, 16, 20, 22 and 24 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which AtakAtakdomain.com may be entitled.
• UPON TERMINATION OF THIS AGREEMENT FOR ANY CAUSE OR REASON WHATSOEVER, USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION. Accordingly, User should always maintain back-up copies of User's web site and other User content and data so User may use such copies host elsewhere after such termination.
• You have ninety (90) days to dispute any charge or payment processed by Atakdomain.com. If you have a question concerning a charge you believe is incorrect, please contact us at [email protected]
4. User's Responsibilities.
   • User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
   • User will cooperate fully with Atakdomain.com in connection with Atakdomain.com's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for Atakdomain.com's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify Atakdomain.com of any change in User's mailing address, telephone, electronic mail or other contact information.
   • User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
   • Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by Atakdomain.com to provide the Services, as the same may be changed by Atakdomain.com from time to time. Atakdomain.com shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by Atakdomain.com to provide the Services.
   • User is solely responsible for making back-up copies of the User Web site and User Content.
   • Atakdomain.com does not maintain backup copies of User Web sites or e-mail. Atakdomain.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Atakdomain.com strongly suggest that Users make an additional copy (on tape, CD, multiple floppy disks, another desktop, or elsewhere) to ensure the availability of the files. IT IS THE USER'S SOLE RESPONSIBILITY TO MAKE OFFLINE, BACK-UP COPIES OF THE USER'S WEB SITE AND USER CONTENT AND DATA. NOTE: IT IS ESSENTIAL THAT USERS BACKUP FILES OFFLINE, EVEN IF USER PURCHASES OR HAS PRODUCTS, SUCH AS SITE BACKUP AND RESTORE.

   • The user is responsible for maintaining complete backups for any files, content, software, or other items stored from time to time in a VPS account or VPS container. Atakdomain.com does not maintain such back-ups.

     As part of Atakdomain.com's ongoing hosting, Atakdomain.com does create and store on a temporary basis VPS backups which are intended for Atakdomain.com's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. Atakdomain.com cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your VPS account.

   • User is responsible for maintaining the confidentiality of login and billing information. Atakdomain.com is not liable for any account disputes that may arise between various parties holding account login information. Atakdomain.com is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the Control Panel. User is responsible for updating and maintaining contact and billing information with Atakdomain.com. Any changes to the User contact information must be made using the account Control Panel or by contacting our Support Team. User is responsible for ensuring that Atakdomain.com is able to notify the User for technical, billing or other issues or purposes deemed necessary by Atakdomain.com to maintain the account.
   • Free Web Hosting. If you have enrolled in a free plan, your Web site may carry advertising HTML for Atakdomain.com or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising. Our Support Team can help you choose the plan that is right for you
5. User's Representations and Warranties.
   • User hereby represents and warrants to Atakdomain.com, and agrees that during the Initial Term and any Term thereafter User will ensure that:
     • User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Atakdomain.com to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
     • User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
     • User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
     • User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
   • User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation
     • the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,
     • ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
     • ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.
   • User grants Atakdomain.com the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services
   • In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.
   • FOR MASSACHUSETTS RESIDENTS ONLY: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of user's in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [5.e ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
   • FOR CUSTOMERS OTHER THAN MASSACHUSETTS RESIDENTS: User (a) shall at all times be solely responsible for and maintain the confidentiality of personal information of User's customers in accordance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth (the "MA Regulation") and (b) maintain appropriate security measures that are in compliance with laws and regulations applicable to User and its customers, including, with respect to Massachusetts residents, the MA Regulation. For the purposes of this section [5.f ], "personal information" means information about an identifiable individual, including the first and last name or first initial and last name of an individual together with one or more of the following relating to such individual: (i) Social Security or social insurance number or similar identifier; (ii) driver's license number/state/province-issued identification number; or (iii) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number, or password, that would permit access to the account.
6. License to Atakdomain.com. User hereby grants to Atakdomain.com a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services, except that with respect to personal information included in the User Content, such license shall be limited to allowing Atakdomain.com to use such Personal Information in accordance with its Privacy Policy:
   • digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
   • make archival or back-up copies of the User Content and the User Web site.
   • Except for the rights expressly granted above, Atakdomain.com is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
   • Atakdomain.com, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Atakdomain.com shall not be liable to User for any loss or damages that may result from such conduct.
7. Atakdomain.com Content
   • Atakdomain.com Content. Except for User Content, all content available through the Services including without limitation any site builder tools, website templates, themes, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Atakdomain.com Content"), are the proprietary property of Atakdomain.com or its licensors. No Atakdomain.com Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted by Atakdomain.com. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Atakdomain.com Content. Any use of the Atakdomain.com Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Services and the Atakdomain.com Content granted herein. All rights of Atakdomain.com or its licensors that are not expressly granted in this Agreement are reserved to Atakdomain.com and its licensors.
   • Licenses, Copyright Notices and Photo Credits. Any permitted use of Atakdomain.com Content is subject to the terms of any applicable license. Users shall not remove any copyright notices or photo credits appearing on any Atakdomain.com Content that Users have been granted the right to use. Any violation of this section will be deemed a breach of this Agreement.
8. Billing and Payment.
   • User will pay to Atakdomain.com the service fees for the Services in the manner set forth in the Registration Form.
   • Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. You will be notified of your pricing for EACH successive period (or renewal period) prior to the start of SUCH successive period (or renewal period). Your pricing for SUCH successive period (or renewal period) ALSO will be available through your control panel at the start of such successive period (or renewal period). Atakdomain.com may increase the Service Fee and Product fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing 30 days prior written notice thereof to User. Written notice may be in the form of (i) notices and updates in the User's Control Panel , (ii) Public Alerts issued by Domain.com, (iii) Notification of Successive Period Pricing ( or RENEWAL period pricing), or [(iv) posting of next scheduled rebill amount in User's Billing Central]. It is the User's sole responsibility to periodically review User's Billing Central information and all other methods of communications and notices sent or posted by Atakdomain.com.User may always check the User's Billing Central area to get an up-to-date statement of the current amount being billed to User for Services. It is the User's sole responsibility to periodically review users Billing Central information.
   • The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Atakdomain.com's net income). All such taxes may be added to Atakdomain.com's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.
   • Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice.
   • If Atakdomain.com collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Atakdomain.com prevails in any action to which the User and Atakdomain.com are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Atakdomain.com's reasonable attorneys' fees.
   • If any check is returned for insufficient funds Atakdomain.com may impose a minimum processing charge of $25.00 plus any applicable taxes.
   • In the event that any amount due to Atakdomain.com is not paid when due, Atakdomain.com, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. NOTE: USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.
   • There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
   • Wire transfers will be assessed a minimum charge of $35.00 plus applicable taxes.
   • There may be a minimum charge of $35.00 plus applicable taxes for all credit card chargebacks.
   • User acknowledges and agrees that Atakdomain.com may pre-charge User's fees for Services and products to its credit card supplied by User during registration for the Initial Term.
   • YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.
9. Free Trial Terms. If you signed up for a free trial, the following terms and conditions apply to your free trial offer.
   • Following the expiration of your trial period, you will be automatically charged for the remainder of the term using the credit card you previously provided unless you cancel the Services prior to the expiration of the trial period.
   • If you have not provided Atakdomain.com with your credit card information and you have not decided to purchase the Services prior to the expiration of the trial, the Services will not be automatically renewed and your access to your website and files may be limited or terminated completely upon expiration.
10. Payment Policies - General
    • Accounts will not be activated or reactivated without prior payment.
    • All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name.
    • Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
    • Any losses or expenses experienced by the User, due to actions taken by Atakdomain.com in response to Users non-payment, are not the responsibility of Atakdomain.com.
    • Unless stated otherwise, a reference to 'USD$', '$US', 'dollar' or '$' is a reference to USA currency. All fees or other amounts hereunder shall be payable in US currency, provided however that in the event you signed up for your account or any other product or service for which the fee or other amount is payable in a currency other than $US, then any amounts payable by you hereunder shall be payable in such other currency.
11. Payment Policies - Payment Processing
    • Atakdomain.com's preferred method of payment is credit card.
    • By purchasing our services, you are agreeing to allow Atakdomain.com to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan, products or services you select. By continuing (or renewing) your services and products you further agree to all of Atakdomain.com's Terms of Services and any price increases.
    • You grant Atakdomain.com permission to charge your credit card for any and all services you request, including, but not limited to, any and all product or service.
    • If we are unable to process a payment for your plan, product or service by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
    • WHEN AN ACCOUNT IS CANCELED, ALL COPIES OF THE WEB SITE AND E-MAIL FILES ARE PERMANENTLY AND IRRETRIEVABLY REMOVED FROM OUR SERVERS UPON ACCOUNT CANCELLATION.
    • If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees. Upon reactivation, we are not responsible for any deleted Web site or Content.
    • If we make any refunds due to charges you dispute with your credit card Atakdomain.com, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Atakdomain.com as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
    • It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
12. Atakdomain.com as Reseller or Licensor. Atakdomain.com is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Atakdomain.com Product"). Atakdomain.com shall not be responsible for any changes in the Services that cause the Non-Atakdomain.com Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Atakdomain.com Product either sold, licensed or provided by Atakdomain.com to User or purchased directly by User used in connection with the Services will not be deemed a breach of Atakdomain.com's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Atakdomain.com Product are limited to those rights extended to User by the manufacturer of such Non-Atakdomain.com Product. User is entitled to use any Non-Atakdomain.com Product supplied by Atakdomain.com only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Atakdomain.com to User through any Non-Atakdomain.com Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Atakdomain.com Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
13. Internet Protocol (IP) Address Ownership. If Atakdomain.com assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to Atakdomain.com, and User shall have no right to use that IP address except as permitted by Atakdomain.com in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Atakdomain.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by Atakdomain.com, and Atakdomain.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
14. Caching. User expressly;
    • grants to Atakdomain.com a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by Atakdomain.com under this Agreement and
    • agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.
15. CPU Usage. User agrees that User shall not use excessive amounts of CPU processing on any of Atakdomain.com's servers. Any violation of this policy may result in corrective action by Atakdomain.com, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Atakdomain.com's sole and absolute discretion. If Atakdomain.com takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.

16. Bandwidth and Disk Usage. Atakdomain.com provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Atakdomain.com's web pages describing the package of Services purchased at the time of purchase. In some cases, Atakdomain.com may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Atakdomain.com reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Atakdomain.com for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Atakdomain.com as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Atakdomain.com.

    Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

    Atakdomain.com will monitor User's use of bandwidth, disk usage and other resources. Atakdomain.com, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Atakdomain.com's sole and absolute discretion.

    If Atakdomain.com takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Atakdomain.com learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Atakdomain.com may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

    User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Atakdomain.com will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Atakdomain.com does not take responsibility if e-mail notification(s) is not received by the User. Atakdomain.com reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

17. Parked Domain Services. In addition to the applicable terms and conditions contained herein:
    • If User signs up to register and park a domain name with Atakdomain.com, All domain name renewal fees are due at time of invoice, before the renewal date of the domain name. Payments are non-refundable. If for any reason Atakdomain.com is unable to charge User's payment method for the full amount owed Atakdomain.com for the service provided, or if Atakdomain.com is charged a penalty for any fee it previously charged to Your payment method, User agrees that Atakdomain.com may pursue all available remedies in order to obtain payment. User agrees that among the remedies Atakdomain.com may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. Atakdomain.com reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.
    • User agrees to be responsible for notifying Atakdomain.com should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to Atakdomain.com no earlier than thirty (30) days prior to User's billing date but no later than ten (10) days prior to the billing date. In the absence of notification from User, Atakdomain.com will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with Atakdomain.com, at Atakdomain.com's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the Atakdomain.com hosting servers is User's responsibility. Atakdomain.com will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.
    • Atakdomain.com will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of Atakdomain.com's policies and procedures.
    • By using any of the Parked Pages Services, User agrees that Atakdomain.com may point the domain name or DNS to one of Atakdomain.com's or Atakdomain.com's affiliates web pages, and that they may place advertising on User's web page and that Atakdomain.com specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.
    • User agrees to indemnify and hold harmless Atakdomain.com for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Atakdomain.com chooses to take to remedy User's improper or illegal use of a Web site hosted by Atakdomain.com. User agrees it is not be entitled to a refund of any fees paid to Atakdomain.com if, for any reason, Atakdomain.com takes corrective action with respect to any improper or illegal use of the Parked Page Services.
    • If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Atakdomain.com harmless for damages arising out of such dispute. User also agrees that if Atakdomain.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Atakdomain.com, that Atakdomain.com, in its sole discretion, may take whatever action Atakdomain.com deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
18. SimpleScripts Terms. SimpleScripts automates the installation of a given open source application. Users are free to install open source applications independently of SimpleScripts by following the instructions provided by Atakdomain.com or the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from Atakdomain.com.
    • We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or Atakdomain.com that developed the application.
    • The User is responsible for creating back-ups before upgrading to the next version.
    • We can not guarantee that the version we currently provide is the latest one being distributed by the vendor.
    • Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User.
    • We reserve the right to discontinue applications managed by SimpleScripts at any time.
    • SimpleScripts applications are installed at the User's own risk. We can not be held liable for lost data or damage caused by open source applications provided through SimpleScripts.
19. Standard and Private-Label Reseller Programs. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Atakdomain.com Wholesale, Wholesale Plus and Private-Label Resellers;
    • The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with these Terms of Service.
    • In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
    • Atakdomain.com is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Atakdomain.com from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
    • Atakdomain.com reserves the right to revise its Wholesale, Wholesale Plus and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
    • Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
    • Resellers cannot make any modifications to the Atakdomain.com Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). Atakdomain.com is not responsible for any modifications made to the Terms of Service by Resellers.
    • Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Users. Atakdomain.com reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
20. Obligations of Resellers of Domain Registrar Services. If you are a Reseller of Domain Registrar Services these Terms of Service, including without limitation the following provisions, constitute the agreement by which you would provide Registrar Services ("Registrar Reseller"):
    • Registrar Reseller agrees to comply with any and all policies, terms and conditions of ICANN (http://www.icann.org/registrars/ra-agreement-17may01.htm), or such other registration agreement as ICANN, Atakdomain.com, or registry administrator shall post on their website from time to time, but only those portions that are applicable to all registrars, including, but not limited to, those that will prohibit the registration of certain domain names (those not allowed to be registered by statute or regulation).
    • Registrar Reseller is prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing itself as accredited by ICANN unless it has written permission from ICANN to do so.
    • Any registration agreement used by Registrar Reseller shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement and any ICANN Consensus Policies, and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service.
    • Registrar Reseller shall identify the sponsoring registrar upon inquiry from the customer.
    • Registrar Reseller shall ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by Registrar Reseller in connection with each registration will be deposited with Registrar or held in escrow or, alternatively, display a conspicuous notice to such customers at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to registrar in the event Registrar Reseller breaches this reseller agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to resellers that escrow privacy or proxy registration data as detailed above, and Registrar Reseller meets any other criteria established by ICANN in accordance with its Bylaws, Registrar Reseller shall be permitted to apply to ICANN for such recognition.
    • Registrar Reseller shall provide a link to the ICANN webpage that identifies available registrant rights and responsibilities, currently found at http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities on any website it may operate for domain name registration or renewal clearly. Such link shall be displayed to its registered name holders at least as clearly as links to policies or notifications required to be displayed under ICANN Consensus Policies.
    • If Atakdomain.com becomes aware that such a Registrar Reseller is in breach of any of the foregoing provisions, Atakdomain.com shall take reasonable steps to notify the Registrar Reseller that it is in breach of this reseller agreement and that Atakdomain.com has the right to terminate such agreement.
21. Virtual Private Servers (VPS). VPS sometimes also referred to as Virtual Dedicated Server. When creating a VPS account, we split dedicated servers into independent areas, referred to as containers. The customer is responsible for providing the firewalls, software, web files, content and Operating systems for the customer's container, independent of other containers on the server. Each container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which the customer is responsible

    VPS is different from shared hosting, and VPS customers should be technically advanced and prepared to use and operate a server, various Operating Systems, Linux and root access.

    • In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Atakdomain.com VPS customers;
      • The Customer assumes all responsibility for installation and maintenance of the Operating System (OS) used within the customer's container, as well as any reinstalls and changes.
      • Customer assumes all responsibility for their VPS environment, firewalls, protections from bugs, viruses or other intrusions, content applications and resources used.
      • Customer agrees to take full responsibility for installation, storage, back-up, maintenance, and other aspects of its files, software, data and other content or items transferred to or used in the container and the VPS account.
      • The Customer is solely responsible for all files contained in their VPS whether the Customer had knowledge of the files or not and for assuring that the container is used and operated in compliance with this Agreement.
      • It is the responsibility of the customer to ensure their system is secured and safe from compromise at all time. If a container is found to be compromised or in violation of this Agreement, Atakdomain.com has the right to suspend and terminate service immediately.
    • Resource Usage Limits. Misuse of system resources, including but not limited to, employing programs that consume excessive CPU time (outside of reserved for user's container), network capacity, disk IO or storage space, may result in account suspension and termination.
    • Mail Policy. VPS accounts will be governed by our shared-hosting mail policy (See Acceptable Use Policy section 4.a). Furthermore, anyone hosting websites or services on their server or container that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network.
    • Third-Party Software. In the event You elect to install any third-party software, the following terms shall apply;
      • You represent and warrant You have the right to use and install the third-party software.
      • You have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity.
      • You agree to defend, indemnify and hold harmless Atakdomain.com and its employees, officers and directors for, from and against any and all claims brought against Atakdomain.com and its employees, officers and directors by a third-party alleging the software infringes:
        • the third-party's rights; or
        • a third party's patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Atakdomain.com in connection with any such claims.
22. Property Rights.
    • Atakdomain.com hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Atakdomain.com technology, products and services solely for the purpose of accessing and using the Services. User may not use Atakdomain.com's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Atakdomain.com to User any Atakdomain.com technology, and all rights, titles and interests in and to any Atakdomain.com technology shall remain solely with Atakdomain.com. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Atakdomain.com.
    • Atakdomain.com owns all right, title and interest in and to the Services and Atakdomain.com's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.
23. Disclaimer of Warranty. User agrees to use all Services and any information obtained through or from Atakdomain.com, at User's own risk. User acknowledges and agrees that Atakdomain.com exercises no control over, and accepts no responsibility for, the content of the information passing through Atakdomain.com's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
24. Limited Warranty.
    • Atakdomain.com represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Atakdomain.com generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies Atakdomain.com, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and Atakdomain.com's sole obligation, for breach of the foregoing warranties shall be for Atakdomain.com, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Atakdomain.com may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
    • The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Atakdomain.com's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of Atakdomain.com. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
25. Limitation of Liability.
    • IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
    • WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
    • EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
    • The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 18 shall not apply to User's indemnification obligations.
    • Notwithstanding anything to the contrary in this Agreement, Atakdomain.com's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
    • User understands, acknowledges and agrees that if Atakdomain.com takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that Atakdomain.com shall have no liability to User, any of its Users or any Reseller User due to such corrective action by Atakdomain.com.
    • This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
26. Indemnification. User agrees to indemnify, defend and hold harmless Atakdomain.com and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.
27. Waiver of Jury Trial
    • Both You and Atakdomain.com hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
    • The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
    • You and Atakdomain.com each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings.
    • Each party further warrants and represents that each has had the opportunity to have counsel review this Agreement and this waiver.
    • The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.
28. Miscellaneous.
    • Independent Contractor. Atakdomain.com and User are independent contractors and nothing contained in this Agreement places Atakdomain.com and User in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    • Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state or federal court located in Middlesex County, Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
    • Headings. The headings herein are for convenience only and are not part of this Agreement.
    • Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of User or Atakdomain.com, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of User and Atakdomain.com. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Atakdomain.com in its sole discretion, which modifications will be effective when posting to Atakdomain.com's Web site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith. Upon renewal of any services or products, User agrees to all Terms of Service in effect on date of renewal and any amendments which take effect pursuant to the terms hereof.
    • Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
    • Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Atakdomain.com may give written notice to User via electronic mail to the User's electronic mail address as maintained in Atakdomain.com's billing records.
    • Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
    • Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Atakdomain.com. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Atakdomain.com may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    • Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
    • Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Atakdomain.com's records of such execution shall be presumed accurate unless proven otherwise.
    • Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
    • No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, Terms of Service or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.
    • Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if User is outside of the United States, to anyone outside of User's national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction User operates or does business.
    • Marketing. User agrees that during the term of this Agreement Atakdomain.com may publicly refer to User, orally and in writing, as a User of Atakdomain.com. Any other public reference to User by Atakdomain.com requires the written consent of User.



**Um den Kauf und die Rechnung gültig zu machen: In Übereinstimmung mit lokalen und internationalen Gesetzen, der Kunde (die Person, die das Produkt von Atak Domain kauft) verpflichtet sich, die angeforderten Informationen (Name Nachname / Titel, Adresse, - falls vorhanden - Steuernummer) korrekt anzugeben. Atak Domain bestätigt / verifiziert in keiner Weise die Richtigkeit der angegebenen Informationen. Der Kunde erklärt und akzeptiert im Voraus, dass er jegliche Haftung übernimmt, die sich aus falschen Informationen ergibt. Der Kunde kommt nicht umhin Informationen anzugeben, die nach den örtlichen Gesetzen erforderlich sind. (Beispiel: Gemäß den Gesetzen der Republik Türkei, Privatpersonen sind verpflichtet, ihre TR-Identitätsnummer für gewerbliche Tätigkeiten im inländischen Handelsverkehr anzugeben). Atak Domain kann nicht für die Folgen der Nichtbereitstellung von Informationen oder der Angabe falscher Informationen verantwortlich gemacht werden.

Domain Yenileme Bildirimi (Domain Renew Reminder)
Atak Domain Hosting Ltd. Şti. provides domain registration services through its global partner network. In order to renew a domain name you need to get in touch with the organisation that you registered it with. atakdomain.com will send renewal notifications via email to the registered name holder's email address either directly or through the organisation through which the domain was registered based on the following schedule:

• First Renewal Notification will be sent approximately one month before domain expiry.
• Second Renewal Notification will be sent approximately five days before domain expiry.
• Third Notification will be sent immediately after the domain expiry.

Domain transactions are carried out within the framework of the procedures set by the internationally organized Internet Corporation for Assigned Numbers and Names - ICANN.

These procedures are rules that are determined by the relevant authority and are valid worldwide and cannot be changed and they are binding for all domain extensions.

Domains lose all admin rights following the expiry of their registration period. Domains that have expired, cannot carry out any moderation of vital importance for domains such as editing contact information, changing dns etc. In order to avoid such a situation, the ideal thing is to extend the domain before the expiration date.

The complete loss of ownership of domains occurs at the end of the 50-day period.

In case of loss of ownership on a domain whose registration period has expired and whose recovery process has not been initiated within the framework of the relevant procedures, and in case the relevant domain is released, the domain can be re-registered by any user in accordance with the extension policy.

Domain Deletion

If the domain renewal payment is not made on or before the domain renewal date, your domain address will expire.

Upon expiration, your domain address will be deactivated and a Park page will be displayed stating that the domain has expired, or access to your domain address will stop. Other services such as e-mail, web hosting, etc. that you have associated with your domain address will no longer work.

50 days after expiration, your domain address can be purchased by a third party. If a third party purchases the domain within this period, the domain will not be eligible for renewal.

If the domain is not renewed by you or purchased by a third party, the expired domain enters the redemption period approximately -20 days after the expiration date. In some domain extensions (eg .de, .at, .ru), it enters the redemption period earlier than -20 days. If you can renew your domain address within this period (with a renewal fee), we reserve the right to charge you a late renewal fee or restoration fee. The fee for late renewal and restoration varies according to the domain extension.

Domain extensions such as .com, .net, .org, .biz, .info, .ist, .xyz can be renewed for up to -20 days but, at day -20, the domain will enter the process of deletion. After 20 days, the domain enters Redemption Grace Period of 30 days, and the domain will be released to be purchased by 3rd parties after a total number of 50 days. If you do not renew your domain address on time, you may have to pay late renewal fee and domain restoration fee. Also, even if the domain will be exposed after -50 days, it can be purchased by different companies or individuals either by manual tracking or by backorder method.

If the domain also completes the redemption period, the registrar may retain the domain address for up to five days before releasing it again for public registration.

Domain Procedures

Active Status

The domain is registered and has not entered any deletion phase. At any time during this process, the domain holder can extend the duration of the domain at normal pricing and can perform all admin operations related to the domain.

On-Hold Status

As a result of the whois query of the domains that have entered this process, "registrar-hold" is displayed on the status screen. Domains are stopped when they become negative. Domains such as .com, .net, .org, .info can be extended with a penalty of up to minus 20 days. Some country code domains expire at +1 or -1 and must be restored. Generic domains are usually deleted at -20 and can be restored and reactivated for up to -50 days. Some below domains are subject to late renewal fees.

.com - 5 $
.net - 5 $
.org - 5 $
.info - 5 $
.biz - 5 $
.ist - 5 $
.istanbul - 5 $
.de - 30 $
.ru - 30 $
.uk - 15 $

Redemption Period

This period is the period established by ICANN to give the domain owner one last chance to extend the domain. It starts after the domain is deleted, in the -20 days following the registration period of the domain. During this period, the domain owner is subject to a penalty fee for extending the domain. This cost is reflected to the customer as 85 USD for .com, .net domains. In addition, domain renewal fee is charged for domain renewal, excluding the restoration fee. This fee is higher for other domain extensions.

Pending Delete

This is the 5-day period starting after the Redemption period. During this period, the domain owner has no right to reclaim the domain. At the end of the process, the domain is completely deleted and becomes available for new registration.

As stated in the above processes, a domain* will be registered again within 50 days if its registration is not renewed.

*For some special country extensions (ccTLD), different procedures may apply. For more detailed information about the processes, please visit http://www.icann.org/en/registrars/eddp.htm.

Warnings and Reminders

Atakdomain.com can send an e-mail to your e-mail address written in your registered membership in the system, regarding the expiration of your domain term and passing your extension order, oand it allows you to follow up your domains that are about to expire and make an extension process from your panel with the user name and password given to you.

In any case, since our company creates the necessary infrastructure for expired domains, it does not accept responsibility for the issues such as not extending the domain period or missing it.

For policies on retrieving expired domain names, please visit RNAP.

Our suggestions to our Dear Customers;

As Atakdomain.com, we always recommend domain users, when registering long-term, especially corporate identity or important domains belonging to their companies, to wide the registration period and in order to avoid any problems to carry out the extension process on time, without pending.

Domain Department

Name Surname	Positions
Bahaddin Yazıcı	Head of Department
Recep Şerit	Software Specialist
Burcu Karakuzu	Front-end Specialist
Yunus Bıyıkoğlu	System Specialist
Zübeyde Yazıcı	Financial Specialist

We have prepared this Refund Policy to explain when you can request a refund with respect to products and services acquired from Atak Domain or through us from our partners and/or affiliates (collectively “Services”).

General Terms

General terms apply to all refund eligible Services. In addition, there may be special term(s) that apply to a specific product and/or service and those are outlined below.

• In no event is the same Service eligible for more than one refund.
• Service(s) must be cancelled before we can issue a refund.
• No refund will be made if your Service(s) are suspended or terminated for cause.
• If purchased Service(s) include free domain name registration as part of a promotion or sale of the Service(s), and you cancel the purchased Service(s), the standard price for the domain name will be deducted from the refund amount. If the refund amount is less than the standard price for the domain, you must either elect to pay the difference or forfeit the domain, in which case, ownership of the domain will revert back to Atak Domain.
• All refunds are processed in U.S. dollars: you, the customer, bear sole responsibility for any fluctuations in the exchange rate(s) between the time of payment and the time of refund.
• Unless you request otherwise, refunds will be credited to your Atak Domain account balance. Purchases made using Atak Domain account funds can only be refunded as account credit. Purchases made by credit card or PayPal may be refundable to the source of payment. Atak Domain is not responsible for any additional charges imposed by your credit card company or PayPal in the case of refund.
• Any processing fee(s) will be deducted from a refund. Additional refund requirements may apply based on specific terms and conditions notified to you when purchasing any Service(s).

Special Terms Domain Name Registration

• Unless this Refund Policy specifically provides for a refund, all fees for domain name registrations and related domain name Service(s) are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
• New domain name registrations may be refundable, at the sole discretion of Atak Domain, if you, the registrant, cancel the domain name registration for a valid reason and the cancellation is processed within 3 days (72 hours) after registration. Please note that, in some cases, cancellation and refund are not available for new domain registrations due to restrictions imposed by the applicable registry or registry operating company.
• No refunds are available for fees paid for After Market Domain Names unless your After Market Domain Name registration is rejected or cancelled by Atak Domain, the registry or the third party seller.
• No refunds are available for fees paid for Premium Domain(s).
• • No refunds are available for fees paid for any of the following:
• o Additional fees paid for Pre-Orders, Sunrise or Landrush periods or participation in an Early Access Program; or
• Fees paid for related Service(s) such as a WhoisGuard subscription for the domain in question.
• In the case of an unsuccessful attempt to transfer a domain name to Atak Domain, we will automatically refund any fees paid as an account credit.

Web Hosting

• Unless this Refund Policy specifically provides for a refund, all fees for Web Hosting and related Service(s) are non-refundable, in whole or in part, even if your Web Hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
• Package fees for Shared Hosting, Reseller Hosting and VPS Hosting may be refundable, at the sole discretion of Atak Domain, if you, the account holder, cancel within fourteen (14) days after purchase.
• No refunds are available for the following:
• Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;
• Any fees related to domain name registrations associated with your Web Hosting package;
• Any renewals of Web Hosting and related Service(s).

Private Email Hosting

• Unless this Refund Policy specifically provides for a refund, all fees for private email hosting and related Service(s) are non-refundable, in whole or in part, even if your private email hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
• If you purchase Private Email Hosting Services for a domain name not registered with Atak Domain, you must confirm your ownership of the associated domain name. If you fail to provide satisfactory proof of ownership (or domain access rights) within forty-eight (48) hours from purchase, the purchased Service(s) will be cancelled and any fees paid will be automatically refunded as an account credit.

SSL Certificates

• Unless this Refund Policy specifically provides for a refund, all fees for SSL Certificates are non-refundable, in whole or in part.

All other Services are non-refundable, including but not limited to:

• Transfers or renewals of domain name registrations;
• Fees for recovery or reactivation of domain names;
• Dedicated Servers or Dedicated IP Addresses;
• WhoisGuard subscriptions;
• Any Services purchased or acquired at a reduced fee or on promotion; or
• Any fees paid by you to Atak Domain for providing non-service related support.

PremiumDNS

• Unless this Refund Policy specifically provides for a refund, all fees for PremiumDNS and related Service(s) are non-refundable, in whole or in part, even if your PremiumDNS Service(s) are suspended, cancelled or transferred prior to the end of your then current contract term.
• If a refund is available, fees for SSL Certificates will be refunded in the form of an account credit.
• In order to qualify for a refund you must do one of the following within ninety (90) days after purchase: that is, you must 1) obtain issuance and thereafter make a written request for a refund within fifteen (15) days of that date; 2) attempt at issuance and be unsuccessful, in which case the refund will be credited to your account automatically; or 3) make no attempt at issuance but make a written refund request to Atak Domain.

Refund Requests

• If you think you are eligible for a refund, you can submit a helpdesk ticket here. You must include the following information in your request:
• Why you are asking for a refund;
• Transaction identifying information (e.g. account username, support pin, transaction number, domain name, date of purchase); and
• Any additional information the Customer Service team asks for in order to process your refund request.

Contacts

If you have questions about our Refund Policy, you can contact Atak Domain at [email protected]

You may also contact us at:
Atak Domain Hosting İnternet ve Bilgi Teknolojileri Ltd. Şti.

Address 1: Yenişehir Mah. Arda Sk. No:36/1 Izmit - Kocaeli - Turkey
Address 2: Kocaeli Üniversitesi Teknoloji Geliştirme Bölgesi KOÜ Teknopark A.S. Vatan Cd. No:83 41275 Yeniköy - Izmit - Kocaeli - Turkey
[email protected]

Rechte des Domaininhabers...

Domänenkonflikte...

Inter-Registrar Transfer
Holder-Authorized Transfers
Registrar Requirements

Registered Name Holders must be able to transfer their domain name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum standards of this policy and that such transfer is not prohibited by ICANN or Registry policies. Inter-Registrar domain name transfer processes must be clear and concise in order to avoid confusion. Further, Registrars should make reasonable efforts to inform Registered Name Holders of, and provide access to, the published documentation of the specific transfer process employed by the Registrars.



1.1 Transfer Authorities

The Administrative Contact and the Registered Name Holder, as listed in the Losing Registrar's or applicable Registry's (where available) publicly accessible Whois service are the only parties that have the authority to approve or deny a transfer request to the Gaining Registrar. In the event of a dispute, the Registered Name Holder's authority supersedes that of the Administrative Contact.



Registrars may use Whois data from either the Registrar of Record or the relevant Registry for the purpose of verifying the authenticity of a transfer request; or from another data source as determined by a consensus policy.



Gaining Registrar Requirements

For each instance where a Registered Name Holder requests to transfer a domain name registration to a different Registrar, the Gaining Registrar shall:



2.1 Obtain express authorization from either the Registered Name Holder or the Administrative Contact (hereafter, "Transfer Contact"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrar from the Transfer Contact.



2.1.1 The authorization must be made via a valid Standardized Form of Authorization (FOA). There are two different FOAs available at the ICANN website. The FOA labeled "Initial Authorization for Registrar Transfer" must be used by the Gaining Registrar to request an authorization for a registrar transfer from the Transfer Contact. The FOA labeled "Confirmation of Registrar Transfer Request" must be used by the Registrar of Record to request confirmation of the transfer from the Transfer Contact.



The FOA shall be communicated in English, and any dispute arising out of a transfer request shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, Registrars choosing to exercise such option are responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA.



2.1.2 In the event that the Gaining Registrar relies on a physical process to obtain this authorization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact and further that it is accompanied by a physical copy of the Registrar of Record's Whois output for the domain name in question.



2.1.2.1 If the Gaining Registrar relies on a physical authorization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact and maintaining appropriate records proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden for ensuring that the entity making the request is indeed authorized to do so. The acceptable forms of physical identity are:



Notarized statement

Valid Drivers license

Passport

Article of Incorporation

Military ID

State/Government issued ID

Birth Certificate

2.1.3.1 In the event that the Gaining Registrar relies on an electronic process to obtain this authorization the acceptable forms of identity would include:



Electronic signature in conformance with national legislation, in the location of the Gaining Registrar (if such legislation exists).

Consent from an individual or entity that has an email address or phone number matching the Transfer Contact email address or phone number.

2.1.3.2 The Registrar of Record may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set forth above.



2.1.3.3 A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrar. The presumption in all cases will be that the Gaining Registrar has received and authenticated the transfer request made by a Transfer Contact.



2.2 Request, by the transmission of a "transfer" command as specified in the Registrar Tool Kit, that the Registry Operator database be changed to reflect the new Registrar.



2.2.1 Transmission of a "transfer" command constitutes a representation on the part of the Gaining Registrar that the requisite authorization has been obtained from the Transfer Contact listed in the authoritative Whois database.



2.2.2 The Gaining Registrar is responsible for validating the Registered Name Holder requests to transfer domain names between Registrars. However, the Registrar of Record must still transmit an FOA in accordance with Section I.A.3 ("Obligations of the Registrar of Record") of this policy.



2.2.3 The FOA labeled "Initial Authorization for Registrar Transfer" shall expire under the following circumstances:



2.2.3.1 a period of sixty (60) days has passed since the FOA was issued by the Gaining Registrar, unless the Gaining Registrar allows automatic renewal of the FOA and the Registered Name Holder has expressly opted in to the automatic renewal;



2.2.3.2 the domain name expires before the inter-registrar transfer is completed;



2.2.3.3 a Change of Registrant is completed further to Section II.C.



2.2.3.4 the inter-registrar transfer is completed.



2.2.4 If the FOA expires pursuant to one of the aforementioned circumstances described in I.A.2.2.3.1 – I.A.2.2.3.4, prior to submitting the "transfer" request to the registry, in order to proceed with the transfer, the Gaining Registrar must re-authorize the transfer request via a new FOA.



Obligations of the Registrar of Record

3.1 A Registrar of Record shall confirm the intent of the Registered Name Holder when a notice of a pending transfer is received from the Registry by notifying the Registered Name Holder of the transfer. The Registrar of Record must do so in a manner consistent with the standards set forth in this policy.



3.2 In order to ensure that the form of the request employed by the Registrar of Record is substantially administrative and informative in nature and clearly provided to the Transfer Contact for the purpose of verifying the intent of the Transfer Contact, the Registrar of Record must use the FOA.



3.3 The FOA shall be communicated in English, and any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, the Registrar choosing to exercise such option is responsible for the accuracy and completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes and procedures set forth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional information to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.



In the event the Registered Name Holder preapproves a transfer, the Registrar of Record has the option of sending a modified version of the FOA, which informs the Registered Name Holder that the preapproved transfer has been initiated.



This requirement does not preclude the Registrar of Record from marketing to its existing customers through separate communications.



3.4 The FOA should be sent by the Registrar of Record to the Registered Name Holder as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operator.



3.5 Failure by the Registrar of Record to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.



3.6 In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registrar of Record and the Registrar of Record has not explicitly denied the transfer request, the default action will be that the Registrar of Record must allow the transfer to proceed.



3.7 Upon denying a transfer request for any of the following reasons, the Registrar of Record must provide the Registered Name Holder and the potential Gaining Registrar with the reason for denial. The Registrar of Record may deny a transfer request only in the following specific instances:



3.7.1 Evidence of fraud.



3.7.2 Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact.



3.7.3 No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.



3.7.4 Express objection to the transfer by the authorized Transfer Contact. Objection could take the form of specific request (either by paper or electronic means) by the authorized Transfer Contact to deny a particular transfer request, or a general objection to all transfer requests received by the Registrar, either temporarily or indefinitely. In all cases, the objection must be provided with the express and informed consent of the authorized Transfer Contact on an opt-in basis and upon request by the authorized Transfer Contact, the Registrar must remove the lock or provide a reasonably accessible method for the authorized Transfer Contact to remove the lock within five (5) calendar days.



3.7.5 The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.



3.7.6 A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). "Transferred" shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy.



3.8 The Registrar of Record must deny a transfer request in the following circumstances:



3.8.1 A pending UDRP proceeding that the Registrar has been informed of.



3.8.2 Court order by a court of competent jurisdiction.



3.8.3 Pending dispute related to a previous transfer pursuant to the Transfer Dispute Resolution Policy.



3.8.4 URS proceeding or URS suspension that the Registrar has been informed of.



3.8.5 The Registrar imposed a 60-day inter-registrar transfer lock following a Change of Registrant, and the Registered Name Holder did not opt out of the 60-day inter-registrar transfer lock prior to the Change of Registrant request.



3.9 Instances when the requested change of Registrar may not be denied include, but are not limited to:



3.9.1 Nonpayment for a pending or future registration period.



3.9.2 No response from the Registered Name Holder or Administrative Contact.



3.9.3 Domain name in Registrar Lock Status, unless the Registered Name Holder is provided with the reasonable opportunity and ability to unlock the domain name prior to the Transfer Request.



3.9.4 Domain name registration period time constraints, other than during the first 60 days of initial registration, during the first 60 days after a registrar transfer, or during the 60-day lock following a Change of Registrant pursuant to Section II.C.2.



3.9.5 General payment defaults between Registrar and business partners / affiliates in cases where the Registered Name Holder for the domain in question has paid for the registration.



3.10 The Registrar of Record has other mechanisms available to collect payment from the Registered Name Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Record must not employ transfer processes as a mechanism to secure payment for services from a Registered Name Holder. Exceptions to this requirement are as follows:



3.10.1 In the case of non-payment for previous registration period(s) if the transfer is requested after the expiration date, or



3.10.2 In the case of non-payment of the current registration period, if transfer is requested before the expiration date.



Registrar Coordination

4.1 Each Registrar is responsible for keeping copies of documentation, including the FOA and the Transfer Contacts response thereto, that may be required for filing and supporting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Contact as per the standard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.



4.2 Both the Gaining Registrar and the Registrar of Record must provide the evidence relied on for the transfer during and after the applicable inter-registrar domain name transaction(s). Such information must be provided when requested by, and only by, the other Registrar that is party to the transfer transaction. Additionally, ICANN, the Registry Operator, a court or authority with jurisdiction over the matter or a third party dispute resolution panel may also require such information within five (5) days of the request.



4.3 The Gaining Registrar must retain, and produce pursuant to a request by a Losing Registrar, a written or electronic copy of the FOA. In instances where the Registrar of Record has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Record's request (including providing the attendant supporting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds for reversal by the Registry Operator or the Dispute Resolution Panel in the event that a transfer complaint is filed in accordance with the requirements of this policy.



4.4 If either a Registrar of Record or a Gaining Registrar does not believe that a transfer request was handled in accordance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set forth in Section I.C of this policy.



4.5 For purposes of facilitating transfer requests, Registrars should provide and maintain a unique and private email address for use only by other Registrars and the Registry:



4.5.1 This email address is for issues related to transfer requests and the procedures set forth in this policy only.



4.5.2 The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.



4.5.3 Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.



4.6 Transfer Emergency Action Contact



4.6.1 Registrars will establish a Transfer Emergency Action Contact ("TEAC") for urgent communications relating to transfers. The goal of the TEAC is to quickly establish a real-time conversation between registrars (in a language that both parties can understand) in an emergency. Further actions can then be taken towards a resolution, including initiating existing (or future) transfer dispute or undo processes.



4.6.2 Communications to TEACs will be reserved for use by ICANN-Accredited Registrars, gTLD Registry Operators and ICANN Staff. The TEAC point of contact may be designated as a telephone number or some other real-time communication channel and will be recorded in, and protected by, the ICANN registrar portal. Communications to a TEAC must be initiated in a timely manner, within a reasonable period of time following the alleged unauthorized loss of a domain.



4.6.3 Messages sent via the TEAC communication channel must generate a non-automated response by a human representative of the Gaining Registrar. The person or team responding must be capable and authorized to investigate and address urgent transfer issues. Responses are required within 4 hours of the initial request, although final resolution of the incident may take longer.



4.6.4 The Losing Registrar will report failures to respond to a TEAC communication to ICANN Compliance and the registry operator. Failure to respond to a TEAC communication may result in a transfer-undo in accordance with Section I.A.6.4 of this policy and may also result in further action by ICANN, up to and including non-renewal or termination of accreditation.



4.6.5 Both parties will retain correspondence in written or electronic form of any TEAC communication and responses, and share copies of this documentation with ICANN and the registry operator upon request. This documentation will be retained in accordance with Section 3.4 of the Registrar Accreditation Agreement (RAA). Users of the TEAC communication channel should report non-responsive Registrars to ICANN. Additionally, ICANN may conduct periodic tests of the Registrar TEAC communication channel in situations and a manner deemed appropriate to ensure that registrars are indeed responding to TEAC messages.



Requirements for the "ClientTransferProhibited" Status and "AuthInfo" Codes

5.1 Subject to ICANN specifications or policies and any applicable laws or regulations, Registrars must follow the requirements set forth below.



Registrars may only set a domain name in "ClientTransferProhibited" status upon registration or subsequent request by the Registered Name Holder, provided, however, that the Registrar includes in its registration agreement (obtaining the express consent of the Registered Name Holder) the terms and conditions upon which it prohibits transfer of the domain name. Further, the Registrar must remove the "ClientTransferProhibited" status within five (5) calendar days of the Registered Name Holder's initial request if the Registrar does not provide facilities for the Registered Name Holder to remove the "ClientTransferProhibited" status.



5.2 Registrars must provide the Registered Name Holder with the unique "AuthInfo" code and remove the "ClientTransferProhibited" within five (5) calendar days of the Registered Name Holder's initial request if the Registrar does not provide facilities for the Registered Name Holder to generate and manage their own unique "AuthInfo" code and to remove the "ClientTransferProhibited" status.



5.3 Registrars may not employ any mechanism for complying with a Registered Name Holder's request to remove the "ClientTransferProhibited" status or obtain the applicable "AuthInfo Code" that is more restrictive than the mechanisms used for changing any aspect of the Registered Name Holder's contact or name server information.



5.4 The Registrar of Record must not refuse to remove the "ClientTransferProhibited" status or release an "AuthInfo Code" to the Registered Name Holder solely because there is a dispute between the Registered Name Holder and the Registrar over payment.



5.5 Registrar-generated "AuthInfo" codes must be unique on a per-domain basis.



5.6 The "AuthInfo" codes must be used solely to identify a Registered Name Holder, whereas the FOAs still need to be used for authorization or confirmation of a transfer request, as described in Section I.A.2 and Section I.A.4 of this policy.



Registry Requirements

6.1 Upon receipt of the "transfer" command from the Gaining Registrar, Registry Operator will transmit an electronic notification to both Registrars. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each Registrar for the purpose of facilitating transfers.



6.2 The Registry Operator shall complete the requested transfer unless, within five (5) calendar days, Registry Operator receives a NACK protocol command from the Registrar of Record.



6.3 When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operator will transmit an electronic notification to both Registrars. The notification may be sent to the unique email address established by each Registrar for the purpose of facilitating transfers or such other email address agreed to by the parties.



6.4 The Registry Operator shall undo a transfer if, after a transfer has occurred, the Registry Operator receives one of the notices as set forth below. In such case, the transfer will be reversed and the Registrar of Record field reset to its original state. The Registry Operator must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operator must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:



6.4.1 Agreement of the Registrar of Record and the Gaining Registrar sent by email, letter or fax that the transfer was made by mistake or was otherwise not in accordance with the procedures set forth in this policy;



6.4.2 The final determination of a dispute resolution body having jurisdiction over the transfer; or



6.4.3 Order of a court having jurisdiction over the transfer;



6.4.4 Documentation provided by the Registrar of Record prior to transfer that the Gaining Registrar has not responded to a message via the TEAC within the timeframe specified in Section I.A.4.6.



Records of Registration

Each Registrar shall require its customer, the Registered Name Holder, to maintain its own records appropriate to document and prove the initial domain name registration date.



Effect on Term of Registration

The completion by Registry Operator of a holder-authorized transfer under Section I.A shall result in a one-year extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) years.



ICANN-Approved Transfers

Transfer of the sponsorship of all the registrations sponsored by one Registrar as the result of (i) acquisition of that Registrar or its assets by another Registrar, or (ii) lack of accreditation of that Registrar or lack of its authorization with the Registry Operator, may be made according to the following procedure:



1.1 The gaining Registrar must be accredited by ICANN for the Registry TLD and must have in effect a Registry-Registrar Agreement with Registry Operator for the Registry TLD.



1.2 ICANN must certify in writing to Registry Operator that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual or imminent business failure of a Registrar.



Upon satisfaction of these two conditions, Registry Operator will make the necessary one-time changes in the Registry database for no charge, for transfers involving 50,000 name registrations or fewer. If the transfer involves registrations of more than 50,000 names, Registry Operator will charge the gaining Registrar a one-time flat fee of US$ 50,000.



Transfer Dispute Resolution Policy

Procedures for handling disputes concerning inter-registrar transfers are set forth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operators and ICANN accredited Registrars.



Inter-Registrant Transfer (Change of Registrant)

Definitions

This policy uses the following terms:



1.1 "Change of Registrant" means a Material Change to any of the following:



1.1.1 Prior Registrant name



1.1.2 Prior Registrant organization



1.1.3 Prior Registrant email address



1.1.4 Administrative Contact email address, if there is no Prior Registrant email address.



1.2 "Designated Agent" means an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf.



1.3 "Material Change" means a change which is not a typographical correction. The following will be considered material changes:



1.3.1 A change to the Registered Name Holder's name or organization that does not appear to be merely a typographical correction;



1.3.2 Any change to the Registered Name Holder's name or organization that is accompanied by a change of address or phone number;



1.3.3 Any change to the Registered Name Holder's email address.



1.4 "Prior Registrant" means the Registered Name Holder at the time a Change of Registrant is initiated.



1.5 "New Registrant" means the entity or person to whom the Prior Registrant proposes to transfer its domain name registration.



Availability of Change of Registrant

In general, registrants must be permitted to update their registration/Whois data and transfer their registration rights to other registrants freely.



A Registrar must deny a Change of Registrant request under the following circumstances:



2.1 The domain name registration agreement has expired, and the Registered Name Holder no longer has the right to renew or transfer the domain name to another registrar, as provided for in Section 2.2.5 of the Expired Registration Recovery Policy;



2.2 The Change of Registrant was not properly authorized by the Prior Registrant and the New Registrant, further to Section II.C below;



2.3 The domain name is subject to a domain name related dispute, including but not limited to:



2.3.1 A pending UDRP proceeding that the Registrar has been informed of;



2.3.2 A pending URS proceeding that the Registrar has been informed of;



2.3.3 A pending TDRP proceeding;



2.3.4 A court order by a court of competent jurisdiction, prohibiting a Change of Registrant, that the Registrar has been informed of.



In the following circumstances, the Change of Registrant process described in Section II.C below does not apply:



3.1 the registration agreement expires;1



3.2 the registration agreement is terminated by the Registrar;



3.3 the Registrar or Registry Operator updates the Prior Registrant's information pursuant to a court order;



3.4 the Registrar updates the Prior Registrant's information in the implementation of a UDRP decision;



3.5 the Registrar updates the Prior Registrant's information in accordance with the Expired Domain Deletion Policy;



3.6 the Registrar updates the Prior Registrant's information in response to an abuse complaint.



Change of Registrant Process

To process a Change of Registrant from the Prior Registrant to a New Registrant, the Registrar must do all of the following:



1.1 Confirm the domain name is eligible for Change of Registrant further to Section II.B;



1.2 Obtain confirmation of the Change of Registrant request from the New Registrant, or a Designated Agent of the New Registrant. The Registrar must use a secure mechanism2 to confirm that the New Registrant and/or their respective Designated Agents have explicitly consented to the Change of Registrant. In obtaining the confirmation, the Registrar must inform the New Registrant or its Designated Agent, if applicable, that the New Registrant must enter into a registration agreement with the Registrar (a link to the registration agreement itself can be provided). The Registrar must also inform the New Registrant or Designated Agent, if applicable, that the request will not proceed if it is not confirmed in a number of days set by the Registrar, not to exceed sixty (60) days);



1.3 Inform the Prior Registrant or its Designated Agent that if its final goal is to transfer the domain name to a different registrar, the Prior Registrant is advised to request the inter-registrar transfer before the Change of Registrant to avoid triggering the 60-day lock described in Section II.C.2 (unless the Registrar gave the Prior Registrant the option to opt out of the 60-day lock, and the Prior Registrant opted out the 60-day lock);



1.4 Upon or after informing the Prior Registrant or its Designated Agent, if applicable, as described in II.C.1.3 above, obtain confirmation of the Change of Registrant request from the Prior Registrant, or the Designated Agent of the Prior Registrant. The Registrar must use a secure mechanism to confirm that the Prior Registrant and/or their respective Designated Agents have explicitly consented to the Change of Registrant. In obtaining the confirmation, the Registrar must inform the Prior Registrant or Designated Agent, if applicable, that the Change of Registrant request will not proceed if it is not confirmed in a number of days set by the Registrar, not to exceed sixty (60) days);3



1.5 Process the Change of Registrant within one (1) day of obtaining the confirmations described above;



1.6 Notify the Prior Registrant and New Registrant before or within one day of the completion of the Change of Registrant. The notification must:



1.6.1 always be sent to both the New Registrant and Prior Registrant before or within one day of the Change of Registrant being performed;



1.6.2 explain the request that was received and list the domain(s) in question;



1.6.3. include contact information for questions.



1.6.4. advise the Prior Registrant and New Registrant of the 60-day inter-registrar transfer lock as described in Section II.C.2 or advise the Prior Registrant that it previously opted out of the 60-day inter-registrar transfer lock as described in Section II.C.2.



The Registrar must impose a 60-day inter-registrar transfer lock4 following a Change of Registrant, provided, however, that the Registrar may allow the Registered Name Holder to opt out of the 60-day inter-registrar transfer lock prior to any Change of Registrant request.



Notes

Introduction and Background: The IRTP Part C Policy Development Process (PDP) is the third in a series of five PDPs that address areas for improvements in the existing transfer policy.



The GNSO Council resolved at its meeting on 22 September 2012 to launch a PDP to address the following three issues:



"Change of Control" function, including an investigation of how this function is currently achieved, if there are any applicable models in the country-code name space that can be used as a best practice for the gTLD space, and any associated security concerns. It should also include a review of locking procedures, as described in Reasons for Denial #8 and #9, with an aim to balance legitimate transfer activity and security.

Whether provisions on time-limiting Form Of Authorization (FOA)s should be implemented to avoid fraudulent transfers out. For example, if a Gaining Registrar sends and receives an FOA back from a transfer contact, but the name is locked, the registrar may hold the FOA pending adjustment to the domain name status, during which time the registrant or other registration information may have changed.

Whether the process could be streamlined by a requirement that registries use IANA IDs for registrars rather than proprietary IDs.

The IRTP Part C Working Group published its Initial Report [PDF, 1.23 MB] on 4 June 2012 in conjunction with the opening of a public comment forum (see section 6 for further details) followed by its Final Report [PDF, 624 KB] on 9 October 2012. The ICANN Board adopted the recommendations of the IRTP Part C Working Group on 20 December 2012. The Implementation Review Team in conjunction with ICANN staff worked together to develop a draft of the Transfer Policy. The draft policy was the subject of a public comment period.



All ICANN-accredited registrars are required to comply with policy by 1 December 2016.



Material Change: Section II.A.1.3 defines Material Change to mean a change that is not a typographical correction. Registrars have some flexibility to determine what a typographical correction is. Examples of typographical corrections could include:



Changing the Registrant Name field from oJhn Smith to John Smith.

Changing the Registrant Name field from Jane Kgan to Jane Kang.

Changing the Registrant Organization from Example, Icn. to Example, Inc.

Changing the Registrant Organization from ExampleCorp. to Example Corp.

For avoidance of doubt, nothing prevents the Registrar from treating any change to the Registrant Name or Registrant Organization field as a Material Change.



Secure Mechanism: The policy recommendations by the GNSO recognize that some flexibility is required in how registrars process a Change of Registrant. As a non-limiting example, Registrars may want to consider "out of band" authentication based on information that cannot be learned from within the registrar account or publicly available resources such as Whois. Examples may include, but are not limited to:



sending an email requiring an affirmative response through a tool-based authentication method such as providing a unique code that must be returned in a manner designated by the Registrar; or

calling or sending an SMS to the Registered Name Holder's telephone number providing a unique code that must be returned in a manner designated by the Registrar; or

calling the Registered Name Holder's telephone number and requiring the Registered Name Holder to provide a unique code that was sent to the Registered Name Holder via web, email or postal mail.

Inter-Registrar Transfer Lock following a Change of Registrant: Registrars are not required to apply a specific EPP status code for the 60-day inter-registrar transfer lock described in section II.C.2; however, if a registrar chooses to apply the clientTransferProhibited EPP status code, it must also lock the name in a way that prohibits the Registered Name Holder from removing the lock per section I.A.5.1.



1 If registration and Whois details are changed following expiration of the domain name pursuant to the terms of the registration agreement, the protections of the Expired Registration Recovery Policy still apply.



2 Examples of secure mechanisms can be found in the implementation notes which follow the text of this policy.



3 The registrar may use additional contact information on file when obtaining confirmation from the Prior Registrant and is not limited to the publicly accessible Whois.



4 The Registrar may, but is not required to, impose restrictions on the removal of the lock described in Section II.C.2. For example, the Registrar will only remove the lock after five business days have passed, the lock removal must be authorized via the Prior Registrant's affirmative response to email, etc.

Resource: ICANN

Richtlinie zur Erinnerung an Whois-Daten...

Domain-Wiederherstellungsprozess...

Registrant-Benachrichtigung...

Beschwerde- und Streitbeilegungsverfahren...

Klicken Sie hier, um Domains zwischen Registraren zu übertragen...

Atak Domain takes internet safety seriously. Learn about different types of abuse, and how to report them, below. There are a couple of ways to report abuse to Atak Domain. Please be aware that we address a large volume of complaints and may respond to you only if we need further information or clarification .

You can send us email to [email protected] to make sure we have all the necessary information, and that it goes to the right department.

General process is as follows:

• We add all received abuse reports to a list
  
• We give an ID number to the reported domain
  
• We use a ticketing system to track abuse reports throughout the process.
  
• We assign a staff member to each ticket and assign that person to monitor the reported domain name
  
• Our staff checks whether the reported domain name is misused (such as malware, spam) that you report. Here the status of the ticket is updated as in the checking phase.
  
• The report will be reviewed by our abuse team and the account manager responsible. If the reported misconduct is beyond our control and/or responsibility, the whistleblower will be notified accordingly.
  
• If the report is deemed to be genuine and acceptable, the customer account manager or, if applicable, the reseller will coordinate with the Registered Name Holder (RNH) to initiate the relevant issue resolution process. Here, the registrant is given a period of time to complete the transaction.
  
• We are continuously monitoring RNH to see that the reported issue has been resolved.
  
• If not fulfilled within the stipulated time frame, we will take further action and follow up with RNH continuously until the decision is met.
  
• If domain registration needs to be suspended or terminated, we will take appropriate action.
  
• After the abuse report is resolved, we will create an incident report and keep records of the incident for at least two years in accordance with section 3.18.3 of the 2013 ICANN RAA.

Resolution process concerning Whois inaccuracy information

Within 2 business days from the receipt of the claim, we start the investigation of the WHOIS data by sending an email to the Registered Name Holder (RNH) and to the Client Account Holder (CAH) in copy. RNH or CAH is expected to send to us all documentation he deems acceptable in order to prove the accuracy of Whois data within 7 days. Whois data includes the domain name holder and all contacts. Failure to respond by the mandated timeframe to our inquiries will led to a failure of the resolution process.

We will study all documentation received and will decide either:
◦ to confirm the legacy of the documentation and the accuracy of the current Whois data.
Then we close the resolution process with success
◦ to confirm the legacy of the documentation and the inaccuracy of the current Whois data.
Then we update them and close the resolution process with success
◦ to fail the resolution process. In such case, the domain name is suspended or deleted according to the registry policy and RNH / CAH are notified.

Notes: Inaccurate information on a domain’s Whois records must be updated in a timely manner. As the Registrar, we are responsible for maintaining the Whois for all domains registered through us,
ensuring the information provided therein is up-to-date and accurate. We are required, as per our ICANN obligations, to ensure that all claims of inaccuracy are investigated.

Resolution process concerning cybersquatting and Trademark infringements

Within 2 business days from the receipt of the claim, we can forward by email your complaint to the Registered Name Holder (RNH) and to the Client Account Holder (CAH) in copy. If you ask us to share the RNH contact information:

- If these information is publicly available, we will send you the current Whois data.

- If these information are not disclosed in Whois database but available through a registry process, we will advise you how to proceed.

- In other cases, if the RNH is subject to the GDPR law (“General Data Protection Regulation”), whose contact information is not disclosed in the Whois database, and not available through a registry process, you will have to send us a formal request. This letter must be sent in writing and be compliant with GDRP law.

Notes: Atak Domain, as a Registrar, is only a technical and administrative intermediary between the Registered Name Holder (RNH) and the corresponding Registry. As such, Atak Domain is not responsible for any trademark infringements caused by domain names under our management and registered by our clients. In addition, based on a claim, Atak Domain is not legally competent to carry out any measures such as suspension, deletion, revocation or transfer of ownership. These actions can only be carried out following a court decision against the RNH or any other dispute resolution procedure concerning domain names such as the ICANN’s Uniform Domain-Name DisputeResolution Policy (You can read more about that policy often called the “UDPR” and how to submit a claim here: https://www.icann.org/resources/pages/help/dndr/udrp-en) or available alternative dispute resolution processes with the corresponding registry.

 

All Types of Abuse

You can email us at one of the addresses listed below. If you prefer to email us, s end us only one report per domain and d o not alter the URL in any way.

 

Types of Abuse
Name	Description	Information needed to report
Phishing	A site pretending to be another site with the intention of stealing login/personal identification information.	Full domain path. Example:  http://coolexample.com/path/to/phishing Note:  The website must be live and contain a login area.
Privacy concerns	For concerns regarding Privacy or GDPR
Malware	A site that participates in malware or virus distribution, or URLs to download. You can also report sites that promote, encourage, or engage in computer or network hacking and cracking.	Full domain path. Example:  http://coolexample.com/path/to/malware
Network abuse	A site performing network attacks such as brute force or denial of service.	Offending IP address and a small example of the log. Example:  123.456.789.10 ----Begin logs---- Traffic Traffic Traffic ----End logs----
Spam	Unsolicited email, texts or SMS messages. Wire transfer fraud, etc.	Copy of the original email in .eml format, or originating sender and content of SMS spam.
Copyright complaints	A website hosted on Atak Domain (www.domainnameapi.com www.atakdomain.com) products is using copyrighted material without your permission.	Full domain path. Example:  http://coolexample.com/path/to/content
Trademark complaints	A website hosted on Atak Domain (www.domainnameapi.com www.atakdomain.com) products is using a trademarked item without your permission.	Full domain path. Example:  http://coolexample.com/path/to/content
Domain disputes	Please see ICANN's  Uniform Domain-Name Dispute-Resolution Policy .
Account changes		Full domain path. Example:  http://coolexample.com/path/to/content
Invalid WHOIS	You suspect a domain has been registered with fake information.	Domain name. Example:  http://coolexample.com Note:  If your information has been used for the invalid registration, please let us know.
Content complaints	Disturbing imagery, violence, etc. Questionable pharmacy content on a website. Content that displays personal information such as a social security number or credit card number. Fake technical support sites not phishing login information.	Full domain path. Example:  http://coolexample.com/path/to/content
Child abuse	Material found on a website that promotes, encourages, or engages in child exploitation or abuse of children.	Full domain path. Example:  http://coolexample.com/path/to/content

1. Introduction

This Atak Domain Domain Transfer Agreement (this “Agreement”) is entered into by and between Atak Domain Ltd. Sti. (“Atak Domain”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Atak Domain’s Domain Transfer Service (“Domain Transfer Service” or the “Service”). Your acceptance of this Agreement indicates that you have read, understand and agree to the terms of this Agreement, along with Atak Domain’s User Agreement, which is hereby incorporated by reference.  Any capitalized terms not defined within this Domain Transfer Agreement shall have the meaning as described in the Atak Domain User Agreement. In the event any of the terms found herein conflict with the Atak Domain User Agreement, the terms of this Agreement shall control.

If Atak Domain intends to amend this Domain Transfer Agreement, Atak Domain will notify you thereof. If you do not object thereto in due form or in due time, the amended Domain Transfer Agreement shall take effect two (2) calendar weeks after receipt of the notice. An objection is only deemed to have been made in due form and in due time if it is made in writing and is received by Atak Domain within two weeks after receipt of the notice. Atak Domain shall notify you of the possibility of filing an objection and of the form and time limit therefor and the legal consequences of failing to file an objection in due form and in due time.

Unless otherwise agreed between Atak Domain and you, side agreements, amendments, or addenda to this Agreement are not valid unless set forth in written form. Any waiver of this written form requirement is also not valid unless set forth in written form.

These terms and conditions are drafted in English, German, French, Spanish and Chinese language. In the case of any inconsistency between the English version and the other versions, the English version will prevail.

2. Description of Domain Transfer Service

The Domain Transfer Service offers Atak Domain's assistance with the transfer of a registration of, or legal right to register, an Internet domain name (“Domain”) that is the subject of a purchase and sale agreement whereby a domain buyer (“Buyer”) has agreed to purchase the Domain from a domain owner (“Seller”) for an agreed upon amount (“Purchase Price”).

Content, data, programming or other elements of the website/project and/or any additional consideration included in a purchase and sale agreement between Buyer and Seller are outside the scope of the Domain Transfer Service and the transfer or payment for such shall be the sole responsibility of Buyer and Seller. Buyer and Seller agree that they are solely responsible for the transfer of any and all elements of a transaction outside the Domain and Purchase Price and that once the Domain Transfer Service is initiated and accepted by Atak Domain, neither party will request cancellation due to a dispute over such. 

Drafting of custom purchase and sale agreements, enforcing the terms of such agreements between Buyer and Seller, or any legal consultations on the part of Atak Domain are not included in the Service and must be obtained from User's own legal representative.

3. Rights and Duties of Atak Domain

Atak Domain acts here neither as a Buyer or Seller, nor as the representative of a Buyer or a Seller, nor as a broker. Atak Domain reserves the right to review and accept or reject any orders for the Domain Transfer Service in its sole discretion. This includes, but is not limited to, rejecting any orders in which the Purchase Price is less than the fees owed to Atak Domain pursuant to this Agreement, the Price List, or any other agreement for services related to the Domain.

Atak Domain shall provide all instructions and any materially related information as known to Atak Domain to Buyer and Seller through the Transfer Center section of the Atak Domain Site. You shall not hold Atak Domain responsible to reach out to you through other contact information listed in your User Account. You will be emailed via the email address listed in your User Account when communications are posted to the Transfer Center. Not being aware of any communications posted to the Transfer Center shall not be grounds to release you from any of your obligations in this Agreement.

3.1. Transferring the Domain

Atak Domain shall instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical domain name registration transfer process. Atak Domain can only ensure the prompt and orderly transfer of the Domain if Atak Domain's instructions to the Buyer and Seller are strictly followed. 

A successful transfer of the Domain has taken place when the Seller has relinquished technical control of the Domain and no longer needs to take any actions to allow the Buyer to gain technical control of the Domain (“Successful Transfer”). In lieu of direct knowledge of the shift in technical control, you acknowledge that a Successful Transfer will also be considered to have taken place if (a) the Buyer modifies the Domain’s public WHOIS record, (b) Atak Domain receives confirmation from the Buyer’s registrar or the registry that the Buyer has control of the Domain, (c) the Buyer confirms receipt of the Domain in writing (including through the Transfer Center) or (d) the Buyer has not replied to Atak Domain’s requests for confirmation of Buyer’s control of the Domain within five (5) days of the first request from Atak Domain. In the case of the latter, Buyer’s silence in response to Atak Domain’s requests shall constitute Buyer’s confirmation of control of the Domain.

A Successful Transfer may also occur in those cases where Atak Domain, at its sole discretion, assumes temporary control of the Domain on behalf of the Buyer and Seller to effectuate the transfer. In the event Atak Domain assumes control of a Domain during the transfer process, Atak Domain is not obligated to Buyer or Seller to maintain or alter the Domain’s domain server settings or otherwise display content of any kind on the Domain.

3.2. Registrar Accounts

Atak Domain may, at its sole discretion, coordinate with the Buyer or Seller’s registrars to obtain control of the Domain in order to expedite the Service. This may take the form of temporarily holding the Domain in a registrar account assigned to Atak Domain. Buyer and Seller authorize Atak Domain to transfer the Domain to a registrar account assigned to the Buyer only once the Buyer has remitted payment as per Section 4.2. Both Buyer and Seller acknowledge that Atak Domain is at no point the owner or registrant of the Domain and you agree to indemnify Atak Domain for any reasonable damages or costs incurred should the Domain be used to infringe upon the rights of a third party. 

3.3. Purchase Price

Atak Domain may, at its sole discretion and where in compliance with local regulations, require Buyer to remit the Purchase Price to a bank account owned by Atak Domain in order to expedite payment to the Seller and ensure payment of any fees owed by either party to Atak Domain. The Purchase Price shall be safeguarded on Buyer’s and Seller’s behalf until disbursed to the Seller. Atak Domain shall only disburse the Purchase Price to the Seller after the Seller has released control of the Domain to the Buyer or to Atak Domain.

3.4. Anonymity

Atak Domain may, at its sole discretion, restrict the identity of the other User during any portion of the Domain Transfer Process to provide anonymity for the parties to the purchase and sale agreement. Both during and after the Domain Transfer Process, Atak Domain shall not provide any identity information beyond the name, address and e-mail address of the other User without that User’s explicit consent unless required by law.

3.5. Disputes between Buyer and Seller

BUYER AND SELLER AGREE THAT ATAK DOMAİN SHALL NOT BE RESPONSIBLE FOR SEEKING ENFORCEMENT OF ANY PURCHASE AND SALE AGREEMENT.

In the event that the Buyer and Seller become involved in a dispute at any time during the Domain Transfer Service, Atak Domain may temporarily stop providing the Service at its sole discretion and may set a reasonable deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution, Atak Domain reserves the right to cancel the Domain Transfer Service. At that point, the aggrieved party, either Buyer or Seller, may exercise their right to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that Atak Domain is not responsible or liable in any way for a purchase and sale transaction ending in this manner.

3.6. Cancellation of the Service

Atak Domain reserves the right to cancel the Domain Transfer Service ("Failed Transfer") for the following reasons. Atak Domain may cancel the Domain Transfer Service if any provisions of the purchase and sale agreement conflict with the provisions of this Agreement. Atak Domain may cancel the Domain Transfer Service because of a dispute between the Buyer and Seller pursuant to Section 3.5. Atak Domain may cancel the Domain Transfer Service if Buyer or Seller fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by Atak Domain via the Transfer Center. Atak Domain may cancel the Domain Transfer Service if the Service violates the local regulations of either Atak Domain’s, the Buyer’s or Seller’s jurisdiction. Atak Domain may cancel the Domain Transfer Service if either party to the purchase and sale agreement materially breaches this Agreement.

If Atak Domain has obtained control of the Domain pursuant to Section 3.2, Atak Domain shall return the Domain to the Seller if payment has not been remitted to the Seller or, otherwise, Atak Domain shall transfer the Domain to the Buyer. If Atak Domain has received the Purchase Price pursuant to Section 3.3, Atak Domain shall return the Purchase Price to the Buyer if the Domain has not been transferred to the Buyer or, otherwise, Atak Domain shall disburse the Purchase Price to the Seller.

Should either party fail to meet to their obligations under this Agreement or the purchase and sale agreement, Atak Domain shall provide the identity of the breaching User to the injured User upon request.

Provided that a claim originating from a failed transfer is not based upon the intentional wrongdoing or gross negligence of Atak Domain , its statutory representatives or vicarious agents, buyer and seller agree that Atak Domain shall not be liable for detriment or damages, originating from a failed transfer caused by, but not limited to, either buyer or seller (i) Rejecting the proper completion of transfer-related documents, (ii) Impeding the execution of the transaction in another way, or (iii) In the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.

3.7. Subcontractor

You acknowledge and agree that Atak Domain may utilize the assistance or service of a third-party provider to fulfill its obligations under this Agreement so long as the identity of the provider is disclosed to you and you will not incur any additional cost for Atak Domain’s use of the provider’s services. You hereby authorize Atak Domain to share confidential information regarding the transaction with such a third party provided that the third party is bound to the same degree of care as Atak Domain to protect that information.

4. Rights and Duties of Domain Buyer

The provisions of this Section 4 shall apply to you for any Transaction in which you are the Buyer.

4.1. Reaching an Agreement

If you have purchased the Domain during the course of a Domain Marketplace bidding process, you are bound by the standard online purchase and sale agreement supplied by Atak Domain and tailored to the Domain that was the subject of the negotiation. If you have purchased the Domain in conjunction with Atak Domain’s Brokerage Service, you are bound by the purchase and sale agreement negotiated between you and the Seller. In all other cases, you hereby opt to use the standard online purchase and sale agreement supplied by Atak Domain and available for review here unless you provide a copy of a different purchase and sale agreement to Atak Domain when initiating the Domain Transfer Service.

You agree to waive any right to rescind this agreement and/or the purchase and sale agreement with the seller, whether or not such right of rescission is based on local law or contract. Furthermore, you explicitly agree not to invoke any right of recession as a justification to seek cancelation of this agreement and/or the purchase and sale agreement with seller.

4.2. Remitting Payment

You agree to promptly remit payment of the Domain Purchase Price upon receipt of instructions from Atak Domain. You agree that Atak Domain, at its sole discretion, shall determine whether to accept payment in the Contract Currency or your User Currency (as per Section 6 below) and that you are not entitled to demand Atak Domain remit payment in the other currency, another currency, or apply a different exchange rate.

In cases where this is to a bank account under Atak Domain’s control, the Purchase Price will be safeguarded on Seller’s and your behalf. Atak Domain reserves the right to apply the payment, or any part thereof, to any outstanding obligations you owe to Atak Domain before applying payment to the Purchase Price. You acknowledge that failure to remit sufficient funds to cover any outstanding obligations you owe to Atak Domain and the Purchase Price is not grounds to release you from any obligations of the purchase and sale agreement.

If you require an invoice or tax information (such as a form W-9) related to the purchase and sale agreement, you shall inform Atak Domain of this requirement prior to remitting payment. Atak Domain shall communicate the request to the Seller as Atak Domain is not a party to the purchase and sale agreement and cannot furnish those documents. You agree that you shall not portray Atak Domain as the Seller of the Domain to any third party. Failure to receive these documents subsequent to remitting payment shall not be grounds to release you from any of your obligations in this Agreement.

4.3. Transferring the Domain

You agree to cooperate with all of Atak Domain’s instructions regarding the technical transfer of the Domain registration. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the Seller as a material breach of the purchase and sale agreement.

Should you not respond to Atak Domain's instructions within a period of time as clearly communicated by Atak Domain, Atak Domain may, at its sole discretion, transfer the registration of the Domain on your behalf to a registrant account in your name without your further cooperation (“Quick Transfer”). In the case of a Quick Transfer, you authorize Atak Domain to create a domain registrant account on your behalf. including agreeing to the registrar’s terms of use on your behalf and providing that registrar with the contact information in your Atak Domain User Account. In such an event, you consent to Atak Domain’s transmission and use of your personal data for this limited purpose. You further authorize Atak Domain take any actions deemed necessary to receive the Domain registration in that account and agree to reimburse any fees incurred by Atak Domain to receive the Domain registration in this account.

Once the Domain is received in this account, Atak Domain shall be authorized to deem the transfer of the registration to you as a Successful Transfer with regard to you and you cannot claim that Atak Domain has not performed its duties under this Agreement based solely on the fact that the Domain is not at your preferred domain registrar. Likewise, once the Domain is received in this account you cannot claim that you do not have control of the domain for reasons related to your inability to utilize the registrar tools to update the domain registration information or hosting servers for the Domain. You acknowledge that the registrar may charge you fees in the future to maintain the registration and you agree that Atak Domain shall have no responsibility to ensure the registration is maintained or to support you in transferring the Domain to a different registrar. 

Once the initial transfer of the Domain is complete, you acknowledge that you are free to change the registrar for the transferred Domain at your own expense subject to the policies of the initial registrar and acknowledge that those may include policies, such as a 60-day lock, that limit your ability to further transfer the Domain until a period of time has elapsed. You also acknowledge that assistance with any further transfers of the Domain are not part of the Domain Transfer Service and that Atak Domain is also not obliged to extend the Service for such purposes.

If Atak Domain, at its sole discretion, assumes temporary control of the Domain, you agree to take over technical control of the Domain promptly when instructed to do so by Atak Domain and to update the WHOIS information accordingly. Atak Domain shall not be held responsible for maintaining the Domain and if you do not take over technical control of the Domain within sixty (60) days after Atak Domain took over temporary control of the Domain, it is in Atak Domain’s discretion not to extend the Domain registration period. This may result in the lapse or expiration of the Domain and you agree to hold Atak Domain harmless and will not be compensated for this loss.

You agree to promptly confirm or deny your control of the Domain upon receipt of such an inquiry from Atak Domain. Atak Domain shall be authorized to deem the transfer of registration to you complete should Atak Domain not receive a response within five (5 days). In this case, Atak Domain is entitled to consider the transfer of the registration as a Successful Transfer, whereupon you can no longer claim that Atak Domain has not fulfilled its obligations under this Agreement should you not have technical control over the Domain. Once you have assumed control of the domain you are obligated to immediately update the domain’s WHOIS record with its respective registrar. You agree to indemnify Atak Domain and/or the Seller for any damages or costs incurred due to your failure to update the domain’s WHOIS record. 

4.4. Transfer Failure and Repayment

You acknowledge that a Failed Transfer, for any reason, does not automatically release you from the purchase and sale agreement.

If designated by Atak Domain as a Failed Transfer for reasons unrelated to you and you have remitted payment pursuant to Section 4.2, the party you paid shall be responsible for returning the full payment of the Domain’s Purchase Price.

If the Failed Transfer is ultimately unsuccessful solely due to the fact that you have not undertaken to follow the instructions provided by Atak Domain, there will be no responsibility on any party to return to you the full payment of the Domain’s Purchase Price, or where applicable, any fees paid to Atak Domain. In the case of a Failed Transfer, you cannot claim any breach of duty on the part of Atak Domain based solely on the fact that the domain has not been transferred to you but rather returned to the Seller. 5. Rights and Duties of Domain Seller

The provisions of this Section 5 shall apply to you for any Transaction in which you are the Seller.

5.1. Reaching an Agreement

If you have sold the Domain during the course of a Domain Marketplace bidding process, you are bound by the standard online purchase and sale agreement supplied by Atak Domain and tailored to the Domain that was the subject of the negotiation. If you have sold the Domain in conjunction with Atak Domain’s Brokerage Service, you are bound by the purchase and sale agreement negotiated between you and the Buyer. In all other cases, you hereby opt to use the standard online purchase and sale agreement supplied by Atak Domain.

5.2. Payment

You agree to provide an invoice and tax information (such as a form W-9) if requested by the Buyer. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the Buyer as a material breach of the purchase and sale agreement. You hereby agree that Buyer may delay remitting payment until you provide the requested documents. In cases where Atak Domain does not opt to receive the Purchase Price pursuant to Section 3.3, you authorize Atak Domain to relay payment instructions to the Buyer in accordance with the payment instructions contained in your User Account and you agree to confirm receipt of that payment to Atak Domain. In the event that Atak Domain requests your confirmation of receipt of payment and does not receive a response either confirming or denying receipt of payment within five (5) days, Atak Domain shall be authorized to deem the payment received and may finalize any transfer of the Domain to the Buyer.

In cases where Atak Domain does opt to receive the Purchase Price pursuant to Section 3.3, Atak Domain shall disburse the Purchase Price after there has been a Successful Transfer as per Section 3.1. You agree that Atak Domain, at its sole discretion, shall determine whether to remit payment in the Contract Currency or your User Currency (as per Section 6 below) and that you are not entitled to demand to receive payment in the other currency, another currency, or using a different exchange rate. Atak Domain reserves the right to deduct any outstanding obligations you owe to Atak Domain from that payment. You acknowledge that not receiving a payment of the exact amount of the Purchase Price is not grounds for a breach of the purchase and sale agreement by the Buyer.

5.3. Transferring the Domain

You agree to cooperate with all of Atak Domain’s instructions regarding the technical transfer of the Domain registration. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the Buyer as a material breach of the purchase and sale agreement. You agree to assist the Buyer update the Domain WHOIS record and assist with any inquiries from related domain registrars regarding the legal status of the transfer and sale of the Domain.

You agree to promptly relinquish control of the Domain upon receipt of instructions from Atak Domain. In cases where Atak Domain obtains temporary control of the Domain, the Domain will be safeguarded on Buyer’s and your behalf.

In the event of a Failed Transfer, Atak Domain shall refund the Purchase Price to the Buyer unless the successful transfer of the Domain failed solely due to the Buyer’s failure to follow the instructions provided by Atak Domain or Buyer’s registrar after payment of the Purchase Price.

5.4. Transfer Failure

You acknowledge that a Failed Transfer, for any reason, does not automatically release you from the purchase and sale agreement. If designated by Atak Domain as a Failed Transfer for reasons unrelated to you and you have relinquished control of the Domain, the party to whom you relinquished control pursuant to Section 5.3 shall be responsible for returning control of the Domain. If the Failed Transfer is ultimately unsuccessful solely due to the fact that you have not undertaken to follow the instructions provided by Atak Domain, there will be no responsibility on any party to return the Domain to your control, or where applicable, any fees paid to Atak Domain.  In the case of a Failed Transfer, you cannot claim any breach of duty on the part of Atak Domain based solely on the fact that the Purchase Price has not been remitted to you but rather returned to the Buyer.

5.5. Fraud

In the event Atak Domain is made aware of documented fraud relating to a Buyer or Seller utilizing the Domain Transfer Service after transfer of the respective Domain has been completed, you agree that, if Atak Domain is able to reclaim the Domain on your behalf, you are obligated to accept a return of the Domain and shall remit back to Atak Domain the Domain’s Purchase Price. In the event that you do not cooperate with Atak Domain’s instructions, Atak Domain shall be authorized, at its sole discretion, to either hold the Domain on your behalf and deduct any portion of the Purchase Price you have not returned to Atak Domain from any other amounts owed to you by Atak Domain, or to resell the Domain to another Buyer to recoup Atak Domain’s losses. Notwithstanding the foregoing, Atak Domain reserves the right to recover from Buyer or Seller any and all damages resulting from breaches of this Domain Transfer Agreement and/or Atak Domain User Agreement.  

5.6. Authority

You expressly affirm that you have the authority to freely dispose of the Domain. Furthermore, you affirm that by its sale, the Domain does not infringe on company, name and brand rights or other priority rights of third parties and does not violate applicable law.  You hereby agree to indemnify Atak Domain from any and all third party claims against Atak Domain which are based on the Domain’s violation of third-party rights or your breach of this Agreement.

6. Fees and Related Costs

The Domain Transfer Service is provided for free to Buyers and Sellers conducting a purchase and sale on Atak Domain's Domain Marketplace or in conjunction with Atak Domain’s Domain Brokerage Service. For Users who wish to order the Domain Transfer Service for other transactions, the amount of the fee for the Domain Transfer Service is specified on the Atak Domain Price List, which is located on the Site and subject to change from time to time.

When a Domain is transferred from the Seller to the Buyer, Buyer or Seller, based upon their respective registry and registrar providers, can incur further costs. The responsibilities for these payment obligations are defined by the relationship of the Buyer or Seller to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within sixty (60) days from the date the Domain Transfer Service is initiated. Buyer and Seller agree to reimburse Atak Domain for any fees that may be charged by the registrar to Atak Domain while effecting a Quick Transfer or temporarily holding the Domain pursuant to Section 3.2.

The Purchase Price for the Domain shall be the price in the currency as identified in the purchase and sale agreement between the Buyer and Seller (the “Contract Currency”). The Purchase Price in the Contract Currency shall form the basis for formulating any fees owed Atak Domain. If the Contract Currency is not identical with the currency originally selected by the User or with the default currency preference as indicated by or assigned to the User in his/her User Account (the “User Currency”), then Atak Domain may convert the Purchase Price into the User Currency. The exchange rate used by Atak Domain for this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time the Domain Transfer Service was initiated, rounded to five (5) places behind the decimal point. The result of any conversion in accordance with this section, including the calculation of any fees owed to Atak Domain, shall be commercially rounded, dependent upon the currency assigned to the User, to full US dollars (USD) or full Euros (EUR) or full British pounds (GBP). The User shall not be entitled to demand to avail himself/herself of a different exchange rate. 

In the case of a Failed Transfer, Buyer and Seller agree that Atak Domain reserves the right to collect any applicable fee it would otherwise be owed for a successfully completed sale from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance may be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. 

7. Limitations of Liability & Disclaimer of Warranties

To the extent permitted by the law and without regard to intentional or gross negligence on the behalf of Atak Domain, in addition to those disclaimers and limitations on warranties found in the Atak Domain User Agreement, Buyer and Seller understand, acknowledge and agree that: 

(i) Atak Domain is not the seller, and as such, maintains no duty to verify that the domain name and/or website content being sold and transferred do not violate the priority rights of any third parties and thus makes no warranties as to the existence of conflicting priority rights of any third parties; 

(ii) The buyer and seller agree that the domain transfer service does not include an examination or verification of the existence of any conflicting priority firm name, naming or trademark rights, or other rights of third parties; and 

(iii) Failure to perform in advance an examination of the domain name and/or website content for the existence of conflicting rights, including, but not limited to, priority ownership rights, trademark rights, and/or violation of applicable law, is the sole responsibility of the buyer and seller.

(iv) Atak Domain shall not be liable for any damage resulting from the failure to successfully conclude the transfer process, unless such damage is caused by intentional or grossly negligent conduct on the part of Atak Domain , its legal representatives or designated agents.

This shall include, without limitations, in cases where one of the contracting parties refuses to complete the transaction documents properly, where one of the contracting parties cannot be identified on the basis of false or misleading user account information, or if a contracting party or their representative hinder the execution of the transaction by any other means. (v) With respect to eu residents party to an applicable domain transfer: in the event Atak Domain negligently breaches a material contractual obligation liability shall be limited to reasonably foreseeable damages provided that Atak Domain 's liability in this case shall be limited to a maximum amount of 5,000.00 € per claim, otherwise liability is excluded.

(vi) With respect to eu residents party to an applicable domain transfer: Atak Domain 's liability for claims arising from the german product liability act (produkthaftungsgesetz) and privacy laws shall remain unaffected by the aforementioned liability provisions insofar as Atak Domain has expressly assumed a guarantee or insofar as the liability relates to damages resulting from injury to life, limb or health.

1. GENERAL EXPLANATIONS

These General Terms of Service Agreement (this "Agreement"), national and international sales and marketing activities and accounting and invoicing Atak Domain Hosting Int. and Information Technologies Ltd. Sti. (Kocaeli University Technopark A.S. Vatan Cd. No: 83 41275 - İzmit, Istanbul - Turkey); Atak Domain Hosting Int. and Information Technologies Ltd. Sti. (Kocaeli University Technopark AS Vatan Cd. No: 83 41275 - İzmit, Istanbul - Turkey) addresses the conduct of the company / group of companies (hereinafter referred to as after the attack Domain) with CUSTOMERS (hereinafter "you" or "Customer") it shall have been concluded between and it is a contract that has come into force since the date of its acceptance in electronic environment. With this Agreement, Atak Domain's website www.atakdomain.com (this "Site") and all products and services on this site (hereinafter collectively referred to as "Services") are regulated by the parties under the heading of general terms and conditions. has been accepted and is in effect in addition to the special terms and conditions applicable to the Services you have purchased through this Agreement or accessed through this Site.

Your acceptance of this Agreement electronically means that you have read, understood and agreed upon this Agreement and the corporate policies and / or agreements on the website named www.atakdomain.com, which is attached to this Agreement by reference, and you agree that the provisions of this Agreement are binding on you. will come.

The Privacy Policy is the policy in which the principles regarding the privacy principles announced on https://www.atakdomain.com/gizlilik-sozlesmesi.

The terms "we", "us" or "our" used in this Agreement will mean Atak Domain.

The terms "You", "Your" "Customer" or "User" shall mean any person or entity that accepts this Agreement.

Atak Domain may, at its sole and absolute discretion, change or renew this Agreement and the corporate policies and / or agreements included in this agreement at any time. Such changes or renewals will take effect immediately as of (i) the date of the e-mail announcement we will notify you of these changes or renewals or the date they appear on the website, ie (ii) the "Last Revision Date".

2. CONDITIONS TO USE THE SERVICES OF THE SITE

Only those who can make legally binding contracts under the applicable laws can benefit from this Site and the Services available on this Site. By using this Site and the services available on this Site; You acknowledge and warrant that you (i) are at least eighteen (18) years old and / or (ii) have the capacity to enter legally binding contracts under applicable laws by other means.

If you are signing this Agreement on behalf of any institution with an institutional character, you accept, declare and undertake that you have the necessary legal authority to represent and bind the institutional structure in accordance with the terms and conditions contained in this Agreement. In this case, the terms "you", "your" or "User" refer to this corporate structure. If, after your acceptance of this Agreement electronically, if it is determined by Atak Domain that you do not have legal authority to bind the institutional structure in question, you will be personally responsible for the obligations contained in this Agreement, including but not limited to payment obligations.

Atak Domain will not be liable for any loss or damage that may occur as a result of relying on any instruction, notice, document or similar communication that would reasonably give the impression that it is authentic and originated from an authorized representative of your corporate structure. If there is reasonable doubt about the authenticity of this instruction, notice, document or communication, Atak Domain may additionally ask you to confirm the authenticity of such information. However, this confirmation request is not an obligation of Atak Domain.

In the event that real persons acting on behalf of the institution are authorized to represent and bind the institution are dismissed from the institution, it is known by the parties that Atak Domain does not have the opportunity to automatically determine this issue, but the information that the person / persons acting on behalf of the institution is dismissed from the institution immediately. If it is not reported to the domain, the institution and the aforementioned real person will be responsible for all material and moral damages that may occur. Since it is not possible to determine the real ownership of a service by Atak Domain after such a notification is made to Atak Domain, the person / institution information in the records of Atak Domain will be taken into consideration. For this reason, it is essential that the parties to the contract representing the institution have all registrations made on behalf of the institution. Individuals representing institutions In the event that no such notification has been made to Atak Domain despite the fact that the act is acting, Atak Domain will be responsible for all material and moral damages, including damages incurred by third parties, arising from taking into account the records under the responsibility of Atak Domain, regardless of the name and account. It is accepted, declared and committed in advance by the CUSTOMER that will not be held responsible.

3. ACCOUNTS; TRANSFER OF DATA

3.1 Customer Account: You will need to create an account ("Account", "Customer Account") in order to access some features of this Site or to use some of the Services available on this Site. You acknowledge, declare and undertake that all information you provide to Atak Domain when you create your Account is correct, up-to-date and complete and that you will keep this information accurate, up to date and complete. If Atak Domain believes that your account information is unreal, incorrect, expired or incomplete, Atak Domain's sole and absolute discretion is to suspend or terminate your account, including membership and service cancellation. It is known to the parties that it reserves the right to take measures. Whether it is within your authority or not, you will be responsible for all activities that take place in your Account, and you must keep your Account information confidential, including, without limitation, your customer number / login ID, password, payment method (s) and security information.

In case of any security breach or use of your account beyond your authority, you must immediately notify Atak Domain of the situation. Atak Domain Account will not be liable for any loss you may incur due to unauthorized use. However, it is also within your knowledge that you will be held responsible for the damages of Atak Domain or third parties caused by the use of your Account.

3.2 Transfer of Data: Atak Domain, by accepting all the information you provide when you create your account is correct, up-to-date and complete, and by accepting that you will keep your account information accurate, up-to-date and complete, requests from domestic and international Police, Prosecutor's Office, Court and other authorities or that may come. It can share all your information with these persons or institutions. With the acceptance of this contract, you accept, declare and declare that all your information and documents that you have submitted to Atak Domain at the time of creating your account and subsequently can be given to the requesting persons or institutions, that you do not have any rights or requests in terms of any erroneous notification that may arise from technical failures. you undertake.

"Legal requests to Atak Domain; requests for information may come from investigative authorities such as the Police, Prosecution Office, or from prosecution authorities such as Courts and also from relevant administrative authorities. In the event that Atak Domain is reached with the allegation of violation of rights in accordance with the Law No. 5651, the Law No. 5846 on Intellectual and Artistic Works, the Turkish Penal Code, the Turkish Commercial Code and all relevant legislation, including the Industrial Property Law No. 6769, Law No. 5651 and the aforementioned The CUSTOMER will be able to meet all the requests of the legal authorities and the party claiming infringement by Natro in accordance with the application of the law and the Supreme Court of Appeals, and where all the information recorded in the Atak Domain system, including the CUSTOMER information, logs, will be shared without seeking the CUSTOMER's consent, information and this issue has been irrevocably accepted, declared and committed in advance.

Again, within the scope of Law No.5651, the content provider can not be accessed, including the warnings received by Atak Domain with the claim of unlawful content due to the removal of the content, URL blocking, suspension of membership, sharing the information of the content provider by Atak Domain upon request, Although it is known by the Customer that all necessary measures can be taken, including blocking of access, suspension of broadcast and service, and membership cancellation, it has been irrevocably accepted, declared and committed in advance. With these and similar issues, in the event that Atak Domain is a party to a lawsuit and complaint, the compensation and responsibility of all material and moral damages, including damages suffered by third parties, belong to the Customer. It is not possible for Atak Domain to be liable in case of a claim of violation of rights by third parties in terms of fulfilling all instructions from the authorized e-mail address registered in the Atak Domain system.

3.3 Service Internal Transfer (Service Transfer): Atak Domain offers internal transfer (Service Transfer) service in some of its Services. Existing Customer with "internal transfer request" by selecting the service to be transferred under the Customer Account in Retail Customers The service transfer request is initiated by specifying the TR ID Number and the customer e-mail to which the transfer will be made. For corporate customers, the service transfer request is initiated only by specifying the customer e-mail to which the transfer will be made.

“Transfer Confirmation” notification is sent to the authorized e-mail address defined in the system to the Customer who initiated the transfer. With the approval of the current Customer, the request is notified to the Customer to whom the service transfer will be made. With the customer's approval of this request from the Customer Account, the service transfer process is completed. The Customer initiating the service transfer request may cancel the transfer request within the period that the customer does not approve.

In both Individual Customer and Corporate Customer accounts, Atak Domain primarily accepts the customer name, surname and address information included in the invoice information as real customer information. The full trade name and address information of the company included in the invoice information in Corporate Customer accounts will be accepted as real customer information by Atak Domain. However, in both cases, if the Customer number given to both the Individual and the Corporate Customer and the passwords belonging to the Customer are shared with third parties and these third parties introduce themselves as a Customer to Atak Domain, its employees, remote support team and make various requests, the requests mentioned in Atak Domain can not be held responsible for fulfillment.

In any case, Atak Domain cannot guarantee the availability for the transfer of an account, whether the transfer is possible, and the time required to complete the transfer. Atak Domain is not responsible for any disputes that may arise from the transfer process. Decisions of arbitrators and / or arbitral tribunals made over complaints made before WIPO (Organization of Intellectual Property Organization) regarding domain name disputes are exceptions to all transfer provisions contained in this contract.

4. GENERAL RULES TO FOLLOW

It has been accepted, declared and undertaken by the parties that the following rules will be followed.

4.1 The Customer will use this Site and the Services on this Site and all the content it offers in accordance with this Agreement and all national and international laws, statutes and regulations in practice.

4.2 The Customer shall not enter the site with the identity of another User or any other person or institution without prior written consent, and shall not present content to another User, person or institution without a power of attorney or a written contract or permission.

4.3 The Client will not compile or make use of User Content (described below) or any other User, person or entity information that should not be disclosed to the public or concerns their private lives, without obtaining their specific prior written consent. (personal information data, information, documents, data and records that violate the privacy of private life)

4.4 This Site and the Services or content on this Site (to be determined solely and entirely at the discretion of Atak Domain) will not be used in the following ways:

4.4.1 THIS SITE AND THE SERVICES OR CONTENT AVAILABLE ON THIS SITE PURSUANT TO THE REGULATION OF THE PUBLICATIONS MADE IN THE INTERNET ENVIRONMENT AND THE FIGHT AGAINST CRIMINALS COMMITTED THROUGH THESE PUBLICATIONS.

1. ARTICLE 8- (1) Reasons for sufficient suspicion that it constitutes the crimes made on the Internet and the content of which is the following

It is decided to block access to the publications found:

a) In the Turkish Penal Code No. 5237 of 26/9/2004;

1) Encouragement to suicide (article 84),

2) Sexual abuse of children (article 103, first paragraph),

3) Facilitating the use of drugs or stimulants (article 190),

4) Supply of hazardous materials for health (article 194),

5) Obscenity (article 226),

6) Prostitution (article 227),

7) Providing a place and opportunity for gambling (article 228),

crimes.

b) The crimes included in the Law on Crimes Committed Against Atatürk, dated 25/7/1951 and numbered 5816.

4.4.2 THIS SITE AND THE SERVICES OR CONTENTS AVAILABLE ON THIS SITE CANNOT BE USED TO CONSTITUTE THE OFFENSES CALLED IN ACCORDANCE WITH THE ARTICLES 8 AND 9 OF THE TURKISH CRIMINAL LAW NO 5237:

Insult

ARTICLE 125- (1) Any person who ascribes a concrete act or fact that may offend a person his honor, honor and dignity (...) (1) or who attacks a person's honor, honor and dignity by swearing, shall be sentenced to imprisonment from three months to two years. or with a judicial fine. In order for the insult to be punished in the absence of the victim, the act must be committed with at least three persons.

(2) If the act is committed through an audio, written or video message addressed to the victim, the penalty specified in the above paragraph is imposed.

Violating the confidentiality of communications

Article 132-

(1) Any person who violates the confidentiality of the communication between persons is sentenced to imprisonment from one to three years.

punished r. If this violation of confidentiality occurs by recording the communication contents, the penalty to be imposed is increased by one fold.

(2) Any person who unlawfully discloses the contents of communication between persons is sentenced to imprisonment from two to five years.

(3) Any person who unlawfully discloses the content of communications made with him without the consent of the other party is punished with imprisonment from one to three years. (Additional sentence: 2/7 / 2012-6352 / 79 art.) The same penalty is imposed in the event that these disclosed data are published through the press and broadcast.

(4) (Repealed: 2/7 / 2012-6352 / 79 art.)

Listening and recording of conversations between people

ARTICLE 133- (1) Any person who listens to non-public conversations between persons with a device without the consent of any of the parties or records them with a sound recording device is punished with imprisonment from two years to five years.

(2) Any person who records a non-public conversation he attends, with a voice pickup device without the consent of the other speakers, is sentenced to imprisonment from six months to two years or to a judicial fine.

(3) (Amendment: 2/7 / 2012-6352 / article 80) Any person who unlawfully discloses the data obtained by recording non-public conversations between individuals is punished with imprisonment from two to five years and a judicial fine of up to four thousand days. . The same penalty shall be imposed if these disclosed data are published in the press and broadcasting.

Violating the privacy of private life

ARTICLE 134- (1) Any person who violates the privacy of persons' private life is sentenced to imprisonment from one year to three years. In case of violation of confidentiality by recording images or sounds, the penalty to be imposed is increased by one fold.

(2) (Amendment: 2/7 / 2012-6352 / article 81) Any person who unlawfully discloses images or sounds of private life is punished with imprisonment from two to five years. The same penalty is imposed in the event that these disclosed data are published in the press and broadcast.

Recording of personal data

ARTICLE 135- (1) Any person who unlawfully records personal data is sentenced to imprisonment from one year to three years.

(2) Personal data is based on political, philosophical or religious views, racial origins of individuals; The punishment to be imposed in accordance with the first paragraph is increased by one half in case of unlawful moral inclinations, sexual life, health conditions or union affiliations.

Providing or obtaining data illegally

ARTICLE 136- (1) Any person who unlawfully delivers, spreads or seizes personal data to another person is punished with imprisonment from two to four years.

4.4.3 THIS SITE AND THE SERVICES OR CONTENT AVAILABLE ON THIS SITE CANNOT BE USED TO CONSTITUTE THE OFFENSES COUNTED IN ACCORDANCE WITH THE SECTION 10 OF THE TURKISH CRIMINAL LAW NO 5237:

Theft

ARTICLE 141- (1) Any person who takes a movable property belonging to someone else without the consent of the owner from where it is located in order to benefit himself or another person is punished with imprisonment from one year to three years.

(2) (Repealed: 2/7 / 2012-6352 / 105 art.)

Skilled theft

ARTICLE 142- (1) The offense of theft;

e) By using information systems,

In case of commission, a prison sentence of five to ten years is imposed.

4.4.4 ALSO:

In a manner that supports or encourages illegal or illegal activities;

Behaving in an abusive, abusive, abusive or otherwise abusive manner or in a supportive or encouraging manner;

Speaking of hatred and hostility, inciting the public to hatred and hostility, committing terrorist activities or violence against people, animals or property, or acting in a manner that supports or encourages these acts;

Spam or other unsolicited bulk email, computer or network hacking or password cracking, or acting in a supportive or encouraging manner;

Violate the intellectual property rights of other Users, other persons or institutions;

To violate the privacy or personal rights of other Users, other persons or institutions or to violate the confidentiality obligations you have to fulfill against Other Users, other persons or institutions;

In a manner that would hinder the performance of this Site or the Services available on this Site;

Include viruses, worms, bugs, trojans or other code, files or programs in the content of the site that are designed to disrupt the functionality of the software or hardware, to use excessive resources, limit or damage them, or that have the ability to have such disruptive and harmful effects. or install it; or

Using false or misleading language or making unfounded or defamatory claims or allegations regarding the Services of Atak Domain or Atak Domain;

Etc. Can not be used in terms of all malicious acts In addition to the above, Atak Domain is obliged not to violate the provisions of the Law No.5651, but it cannot claim that the CUSTOMER is not aware of the provisions of the mentioned law in the disputes arising from the provisions of the Law No.5651 due to the service received, He irrevocably accepted, declared and committed in advance that he was obliged to comply without the need for a warning.

4.5 The Customer will not be able to copy or distribute part or all of the Site or the Services, Products, Content on this Site to any other medium without obtaining written permission in particular from Atak Domain.

4.6 The Customer may not modify or tamper with this Site or the Services available on this Site, or any part of the technology associated with this Site.

4.7 The Customer will not be able to access Atak Domain Content (defined below) or User Content through a technology other than the Site itself, or through other means or by other means than Atak Domain may envisage.

4.8 Without obtaining the specific written permission of Atak Domain, they will not be able to use this Site or the Services available on this Site, including the related technologies of Atak Domain, for any commercial use.

4.9 Atak Domain reserves the right to change, renew, modify or discontinue any aspect of this Site or the Services on this Site, including, without limitation, the prices and Service fees on this Site, at any time. .

4.10 During the sale and delivery of Atak Domain Services to the User, information about the service features is clearly reported. The user cannot claim any rights or damages from Atak Domain due to the fact that the features not specified during the sale are not included in the scope of the related service.

5. USE OF Atak Domain CONTENT and OTHER USER CONTENT

In addition to the general provisions above, the provisions in Section 5 are also valid specifically for your use of Atak Domain Content and User Content sent to Atak Domain's corporate websites.

5.1 Atak Domain Content. Except for User Content, the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interface features and trademarks, service marks and logos contained therein ( "Natron content") permanent olarakatak Domain property is or attack the right to use them is within its concession Domain have, and the content of foreign countries with the Republic of Turkey idea and the law on the protection of works of art, patent, 6769 with brand and design regulations No. intellectual property law and other intellectual property laws of the Republic of Turkey within the scope of foreign countries are subject to property rights.

This Agreement does not grant any rights or licenses under copyright, trademarks, patent or design rights. Atak Domain reserves all rights not explicitly stated in or related to Atak Domain Content, this Site and the Services available on this Site, and none of these rights are transferred by this Agreement.

5.2 User Content. Some of the features of this Site or the Services available on this Site are (a) thoughts, opinions, suggestions or other information they want to report ("User Content") or (b) literary, including but not limited to photos and videos, view, send, publish, share, store, or process related art, musical or other content (“User Content” along with User Submissions).

By sending User Content to this Site or the Service items on this Site, or by posting User Content therein, Atak Domain (i) is either the owner-provider of User Content and therefore you have the right to publish this content or the copyright or ownership of User Content You have all the rights to publish User Content on this Site or the Services available on this Site, as you have the necessary distribution rights, licenses, permissions and / or other authorizations to use this content; and (ii) violate third party rights. You declare and undertake that you do not.

Atak Domain reserves the right of recourse to the Customer for all damages incurred / likely to be incurred by the Customer in terms of all the above-mentioned provisions of law and legislation and acts that violate the rights of third parties.

5.3 Security. Limits that prohibit or restrict the security-related features of this Site or the Services on this Site (without limitation the use or copying of Atak Domain Content or User Content You agree not to block, disable, or otherwise prevent them from functioning, and that you will not limit the use of this Site or its Services, Atak Domain Content or User Content on this Site.

6. USING Atak Domain from USER CONTENT

The provisions in this Section 6 also apply specifically to your use of Atak Domain Content and User Content posted to Atak Domain's corporate websites. The provisions to be applied do not have the effect of transferring the ownership or license rights (including intellectual and industrial property rights) that you may have in the content posted to the websites you are visiting, and they are not intended for this. In general, you will be solely responsible for your own User Content or User Content made available through your Account and for the consequences resulting from the distribution of such content and for meeting the requirements for it.

Regarding User Presentations:

You accept that you will make your presentations completely voluntarily and of your own will, and that your presentations will not constitute any confidentiality relationship.

Regarding User Content (other than User Presentations):

If you have a website hosted by Atak Domain or another service provider, you will continue to own all of your ownership or licensed rights in your User Content posted to your website.

However, if you submit your User Content to this Site or publish it on this Site, it authorizes Atak Domain to use the intellectual and other proprietary rights of your User Content to allow the inclusion and use of the User Content on this Site and this Agreement. you will be. Accordingly, to Atak Domain with this Agreement; Promotion and redistribution of the whole or any part of this Site, without limitation, in any medium or format and through any media channel, without any restriction or other charge, or requiring any notice or permission to you or other parties. to use, duplicate, distribute, create new works derived from them, or combine them with other works, process, obtain data, display or use your User Content with this Site and in the commercial activities of Atak Domain (and its affiliates). You grant a worldwide non-exclusive and royalty-free sub-license to perform your business. You also waive any right to receive compensation, notice or permission from you or other third parties in connection with this. In addition, each User of this Site may not have access to your User Content (excluding User Content that you specify as "private" or "password protected") through this Site, and to the extent permitted by the functions of this Site and this Agreement. You also grant the right to use, reproduce, distribute, create derivative works from your User Content and combine with other works, display and apply and process your User Content. The above privileges granted by you in your User Content will expire within a commercially reasonable period of time after your User Content is removed from this Site or deleted. However, Customer agrees and agrees with Natro that Atak Domain may retain server copies of User Content removed or deleted from the Site (but Atak Domain will not have the right to distribute, view or apply this content).

7. MONITORING OF THE ACCOUNT, SUSPENDING AND TERMINATION OF THE ACCOUNT

As a rule, Atak Domain does not monitor or follow User Content (sent to a website that Atak Domain serves as a server or sent to this Site). (In accordance with Law No. 5651) However, Atak Domain reserves the right to watch content (but is not obliged to do so) and reserves the right to decide whether any element contained in the User Content conforms to or complies with this Agreement. Atak Domain, in order to prevent the sending or publication of any content-material that violates this Agreement (the content and nature of the infringing material will be determined only and entirely at the discretion of Atak Domain) at any time and without prior notice (whether Atak Domain may unpublish any part of the User Content and / or stop Users from posting or broadcasting content to this Site or the Services available on this Site. Atak Domain also makes any User constantly illegal The User may terminate or suspend the right to access this Site or the Services on this Site, if he has sufficient grounds to believe that he is acting. In the event that Atak Domain terminates your access to this Site or the Services on this Site, Atak Domain will also have the right to delete or destroy all data and files stored on its servers, at its sole and absolute discretion.

Moreover, Atak Domain is obliged to comply with the regulatory procedures of the BTK and Access Providers Association, as requested, in terms of additional obligations imposed by the BTK (Information Technologies and Communication Authority) on Atak Domain through regulatory procedures. Following the compliance with these obligations, it is known to the parties that the Customer or the User cannot claim material or moral compensation from Atak Domain, regardless of the name or name, due to their compliance with these obligations.

If the contract is terminated for any reason, a refund is ABSOLUTELY NOT MADE.

8. RESERVATION OF ADDITIONAL RIGHTS

Atak Domain (i) To correct mistakes that may have been made by Atak Domain in the provision or performance of the services (including domain name registrations) (ii) to correct any mistakes that may have been made during domain name registration or to maintain the integrity and continuity of domain name registrations (iii) and to comply with international laws, statutes and regulations (iv) to comply with legal requests, including litigation (v) to comply with decisions made in the resolution of disputes, (vi) to comply with legal proceedings that may result in or against lawsuits or litigation that may be brought. to make legal defense or (vii) to avoid any civil or criminal liability that may bind Atak Domain and its affiliates and their officers, employees and agents, if deemed necessary at its sole discretion (cancel domain name registrations or even the right to terminate l) Reserves the right to withdraw, block access, terminate, terminate, suspend, lock, freeze, destroy, delete, share or change data to access (or control) Accounts or Services.

Atak Domain reserves the right to review each Account belonging to Customers for excessive space, excessive system resources or bandwidth usage and to charge additional fees to Accounts that exceed the permitted levels or to suspend and / or terminate these Accounts.

The CUSTOMER also agrees that the service provided by Atak Domain may be provided by another company (changing the operator that will provide the service) when necessary. In this case, Atak Domain will be able to share all kinds of CUSTOMER and credit card information belonging to the CUSTOMER with the company that will provide the service. This sharing, including the sharing of the customer's personal data, cannot be subject to any allegation of violation of rights, regardless of the name or account. This matter has been irrevocably accepted, declared and committed by the Customer in advance.

9. ANTI-SPAM POLICY, PENALTY CLAUSE

CUSTOMER strictly spam (sending messages for collective and / or commercial purposes other than the recipient's request via the Internet) and / or e-mails (e-mail) that will disturb Internet users in terms of language, frequency or file size, commercial advertising electronic It cannot send e-mails. In addition, the CUSTOMER who owns its own SMTP server cannot operate the SMTP service on their servers unprotected and open to the use of third parties / institutions, in a way that facilitates the SPAM transmission, regardless of whether they receive SMTP service from Atak Domain. Such submissions can damage the trust in Atak Domain and also cause disruptions in the services provided to the CUSTOMER by causing overloads in the Atak Domain systems.

The customer agrees that you have read, understood and accepted Atak Domain's "Anti-Spam Policy" mentioned above, and that Atak Domain, at its sole and absolute discretion, is sending spam or mass e-mails without authorization or It accepts that it can immediately terminate any Account that it considers to be linked to it. In addition, if the actual damage cannot be reasonably calculated, to pay Atak Domain a penalty of $ 1.00 per spam or mail for each spam or unsolicited bulk email sent from your Account or in connection with your Account in other ways. The customer has accepted, declared and committed.

10. CLAIMS RELATED TO TRADEMARK AND / OR COPYRIGHT

Atak Domain supports the protection of intellectual property rights.

11. LINKS OF THIRD PARTY WEBSITES

This Site and the Services on this Site Atak Domain It may contain links to third party websites that are not owned or managed by. Atak Domain does not assume any responsibility for the content, terms and conditions, privacy policy or practices of third party websites.

12. LEGAL DISCLAIMER ON REPRESENTATIONS AND COMMITMENTS

CUSTOMER declares THAT THE RISK RELATING TO USE THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE IS AT ITS OWN AND THIS SITE AND THE SERVICES AVAILABLE ON THIS SITE ARE "AS IS" AND "AS AVAILABLE" AND ARE "AS AVAILABLE" AND "AS AVAILABLE" AND "AS WELL". .

REGARDING THE ABOVE REPRESENTATION AND COMMITMENTS WERE MADE BY THE CUSTOMER AS A DISCLAIMER AND AFTER THE EXPIRATION OF THIS AGREEMENT OR THE TERM OF THIS SITE, OR WE WILL PROVIDE THIS SITE AFTER THE TERMINATION OF THIS SITE.

13. LIMITATIONS ON LIABILITY

Atak Domain, Atak Domain OFFICIALS, EMPLOYEES AND AGENCIES ARE NO DIRECT OR INDIRECT, INCIDENTAL OR CASUAL, SPECIAL OR CRIMINAL PERSON WHO MAY BE DUE TO YOU OR ANY OTHER PERSON OR ANY OTHER INSTITUTION FOR OTHER DAMAGES. IN ADDITION TO: (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE (II) WITH THIS SITE (HYPERLINKS, BOLD POINT TITLES OR OTHER TYPES) ​​CONNECTED TO THIS SITE (HYPERLINKS, BOLD POINTED ADVERTISING HEADLINES OR OTHER TYPES), AND THE ACCURACY AND CONFIGURATION OF THIS SITE THE ACCURACY, COMPLETENESS OR CONTENT OF THE SERVICES AVAILABLE ON THE SITES CONNECTED WITH THE SITE (HYPERLINKS, BOLD POINTED ADVERTISING HEADLINES OR OTHER TYPES) ​​ON THIS SITE OR WITH THIS SITE (HIPPERLIN BALLS) (IV) ANY PERSONAL INJURY OR PERSONAL DAMAGE (V) ANY ATTITUDE AND BEHAVIOR THAT MAY BE OBTAINED TO THIRD PARTIES DISCONNECTING OR TERMINATION OF SERVICES ON THIS SITE OR ON SITES LINKED WITH THIS SITE (HYPERLINKS, BOLD POINTED ADVERTISING HEADLINES OR OTHER KIND) (VIII) TO THIS SITE OR TO SITES THAT CAN BE SPREADED THROUGH THIS SITE (HYPERLINKS, BOLD POINTED ADVERTISING HEADLINES OR OTHER TYPES) ​​OR ON THESE SITES FOR ANY VIRUS, WORM, INSECT, TROGARIZI, ANY VIRUS, INSECT, TROJAN, IX, ANY VIRUS YOU HAVE ALSO HAVE BEEN CAUGHT THAT YOU HAVE ANY ABUSIVE USER CONTENT OR CONTENT OR PORNOGRAPHIC, THAT IS MISCELLANEOUS, OR OTHER HAZARDOUS CONTENT AND / OR THE SERVICE HAS BEEN DAMAGED BY AAKA DOMAIN. Atak Domain CAN NOT BE LIABLE FOR ANY KIND OF BASED OR NON-BASED DAMAGES OR DAMAGES.

IN ADDITION, THE CUSTOMER ACCEPT AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF ALL LIABILITIES OF Atak Domain TO ITSELF MAY NOT EXCEED THE TOTAL AMOUNT PAID FOR THE SERVICES SUBJECT TO DISPUTE.

14. FEES AND PAYMENT

Atak Domain notifies you of the service fees via written document, web page or e-mail at the time of the contract. Your Payment Method on the order must remain valid as long as there is any active service in your Account.

When you order service (s) through the Site, you agree to pay all prices and fees payable for Services purchased from this Site. The Services You Will Use Unless otherwise stated, even if suspended, terminated or transferred before the Terms of Service expire, no fee or fee will be refunded. Atak Domain reserves the right to make changes on prices and fees at any time and such changes or adjustments will be posted online on this Site and will take effect immediately without further notice to you.

You can request cancellation for some of the Services you purchase from Atak Domain. The refund period for your service cancellation request can range from five (5) business days to a full billing period. Payments for refunds can be made over the same channel with the payment method you specified during the related order or by loading the relevant amount into your deposit upon your request. Atak Domain can combine some of its services and offer it as a package product or campaign. In the event that additional "Domain Name Registration" service is offered in the campaign package, the domain name registration service fee offered in the package is not included in the refund amount.

Except where prohibited in the product specific agreement, you can make your payments for the Services with a valid credit card, bank transfer / EFT; or via other international payment methods (Payment with WebMoney, TransferWise, PayPal, Stripe and AliPay) (each of which is a "Payment Method"). Atak Doma for a payment with a credit card does not offer you installment opportunities.

According to the security rules, Atak Domain may stop the payment for the payment transactions it deems necessary and / or call you and confirm your payment with voice confirmation, and also request a secure payment confirmation with "3D secure" when deemed necessary and conditions.

PAYMENT METHODS

14.1. Cash / Installment Payment by Credit Card

By accepting this contract, Atak Domain has the right to collect the service fees from the credit card account you provided during registration.

During the term of the contract, the Customer is solely responsible for the up-to-dateness of the credit card information you have submitted to Atak Domain for collection. Credit card expiration date, etc. In case the information changes, it is required to change this information from the relevant field in his Account (Customer Panel).

Atak Domain reserves the right to suspend your related services and / or terminate the contract completely, in the event that collection cannot be made from your credit card account. The customer agrees, declares and undertakes in advance that he has been informed about the data loss that may occur in this case.

14.2. Payment by Money Order / EFT

If Bank Transfer / EFT is selected as the payment method, Atak Domain activates the service and informs you after the payment is made to the Bank account of Atak Domain within 7 (seven) calendar days at the latest from the bank account opened in the name of the person or institution you specified in your account. For payments made by Bank Transfer / EFT method, the order code must be specified in the payment description. All expenses of the payments belong to the CUSTOMER.

14.3. Payment with WebMoney, TransferWise, PayPal, Stripe and AliPay

Atak Domain receives payments for its customers abroad by international payment methods other than card or money order. The amount of commissions received in payments are specified on the payment pages and these commissions are taken by payment intermediaries. Specifying the order code in the payment explanations will allow us to do your process faster. All expenses of the payments belong to the CUSTOMER.

15. INDEMNITY

(i) Your use of this Site or the Services available on this Site; (ii) your violation of this Agreement or the provisions of the corporate policies and / or agreements contained in this Agreement and / or (iii) your violation of any and all intellectual property rights and third party rights including proprietary rights, including without limitation Atak Domain ' In, Atak Domain against all claims, demands, costs and expenses that Atak Domain's officers, employees and representatives may or will have to undertake (this includes the attorney fees included in the attorney's fee schedule of the Istanbul Bar Association) and all other damages. You agree that you will protect and its employees, indemnify and compensate for any damage or loss, and hold them against the legal liabilities listed. The indemnification obligations under this section will continue to apply after the termination or termination of this Agreement or your cessation of using the Site or the Services available on the Site.

16. RESOLUTION OF DISPUTES, JURISDICTION

Authorized Domain Registry Operator and disputes subject to International Domain Name Dispute of Resolution Policy except this Agreement, regardless of the law from conflict policy will be subject to the Republic of Turkey Law and will be interpreted in accordance with the law. Istanbul Central Courts and Execution Directorates are authorized in the resolution of any dispute arising from this contract, in all cases and proceedings.

17. TITLES AND TITLES; INDEPENDENT COMMITMENTS; DIVISIBILITY

The titles and titles of this Agreement are for facilitating reference only and cannot be used in any way to interpret or explain matters otherwise agreed between the parties by this Agreement. Each statement and undertaking in this Agreement will be interpreted as a separate and independent statement or agreement in all respects. If any provision of this Agreement is determined by any court of jurisdiction to be unlawful, void or otherwise unenforceable, the remainder of this Agreement (and other parts of these provisions) will remain unaffected, and to the fullest extent permitted by law, exactly will remain applicable.

This document contains the terms about the use of Atak Domain services and can be made in addition to the contracts and documents deemed necessary. In terms of all the services offered by Atak Domain, all of the relevant agreements on the website of Atak Domain as of the date of the service are provided, as well as the entire scope of the service purchased from Atak Domain, it must be reviewed, read and accepted. The customer acknowledges, declares and undertakes that he / she is aware of all the contracts related to the service he / she receives and that he / she fully agrees.

18. COMMUNICATION INFORMATION

For your questions regarding this Agreement, you can direct all your questions by contacting us at [email protected]

Atak Domain Hosting Int. ve Bilgi Teknolojileri Ltd. Sti. Clarification Text on Processing Personal Data

What is KVKK?
The Law on Protection of Personal Data (KVKK) was accepted by the Turkish Grand National Assembly on 24.03.2016 and entered into force after being published in the Official Gazette dated 07.04.2016 with number 29677

The law is based on the compatibility of all data controller and institutions within the framework of basic purposes such as ensuring the confidentiality of personal data, protecting it and preventing unauthorized use. Our company, like all organizations, is obliged to comply with this Law and the personal data processed in all processes of our company are within this scope.

What is Data Processing?
Any transaction performed on personal data is considered as "data processing". Therefore, data processing includes archiving, storage, modification, rearrangement, disclosure, transfer, analysis and classification of data.

Who is Data Subject?
One of the expressions frequently mentioned in the law and our corporate policies is "related person" or "data subject". This refers to natural persons whose personal data are processed.

Who is Data Controller?
The data controller is the natural or legal person who determines the purposes and methods of processing personal data and is responsible for the establishment and management of the data recording system. At this point, our company becomes the Data Controller in terms of the data of our customers, visitors and employees.

Who is Data Processor?
Data processors are real or legal persons who process data on behalf of the data controller. These persons may also be a separate natural or legal person authorized by the data controller to process personal data.

Data Processing Rules
All data controllers are entitled to process data only when the following conditions are met or the data subject gives explicit consent:

As Atak Domain Hosting Int. ve Bilgi Teknolojileri Ltd. Sti., we attach importance to the security of your personal data. We are required to declare that we reserve the right to update this Statement on the Protection of Personal Data at all times within the framework of changes in the current legislation, Board Decisions and judicial decisions. With this sensitivity, it is of great importance for our Company to process and preserve all kinds of personal data belonging to all persons related to the Company, including those who benefit from our services as the Company, in accordance with the Personal Data Protection Law No.6698 ("KVK Law"). Your personal data will be processed by our company, and all kinds of transactions performed on your information, including obtaining, recording, storing, preserving, changing, disclosing, transferring, making available your information by automatic or non-automatic means refers to "processing personal data". In this context:

-The Law No. 6563 on the Regulation of Electronic Commerce includes provisions on the protection of personal data.
- Penal sanctions are foreseen in some cases for the protection of personal data through the provisions of the Turkish Penal Code No.5237.
- As a matter of fact, in order to fulfill our obligations arising from the Law on Consumer Protection No.6502 and the Regulation on Distance Contracts, data must be collected and used.
- Moreover, in accordance with the Law No. 6769, there are data that our company is obliged to keep. In accordance with this responsibility, we process your personal data as "Data Controller" as defined in the Personal Protection Law, as explained below and within the limits set by the legislation.

After this clarification text has been examined by you and the notification is made to our company, a consent text will be submitted by you Dear Addressee, so that all your personal data can be used within the scope of the business and commercial relationship to which our company is a party, limited to the requirements of this relationship. We must state that there is no requirement to sign the relevant consent text. In this context, after this clarification text of the consent text examined in detail and sufficiently and if it is found appropriate after all your questions are forwarded to our company, its approval is necessary in terms of its validity.

1) Data Controller and Representative
In accordance with Data Protection Law, your personal data can be processed by our company as the data controller within the scope described below.

2) Collection, Processing and Purpose of Processing Personal Data
In order to ensure that the activities carried out by our company are carried out in accordance with the relevant legislation and the procedures of our company, all relevant national / international legislation and secondary regulations published by national / international competent authorities based on these or related to them or their activities in order to fulfill its obligations and commitments within the scope of the contracts to which it is a party.

• Identity Information (name, surname, mother and father's name, mother's maiden name, date of birth, place of birth, marital status, copy of identity card and serial order number, TR identity number, passport information (for foreigners));
• Contact Information (address, e-mail address, contact address, registered electronic e-mail (KEP) address, telephone number)
• Location information
• Customer Transaction (call center records, invoice, promissory note, check information, information on the accounter, order information, request information)
• Risk Management (information processed to manage commercial, technical administrative risks)
• Finance (balance sheet information, financial performance information, credit and risk information, assets information)
• Visual and Audio Recordings
• Physical Space Security (entrance and exit registration information of employees and visitors, camera records)
• Transaction Security (IP address information, website login and exit information, username and password information)
• Marketing (shopping history information, survey, cookie records, information obtained through campaign work) and, besides this information;

Establishing contracts for all kinds of products and services you request from our company and arranging all other records and documents (in paper or electronic environment), making customer satisfaction calls, fulfilling sms / mail requests, providing the products and services in question, service and product conducting activities, performing participant and customer transactions, processing in accordance with the Terms of Service or the relevant product-specific contract, eliminating complaints in terms of the services offered and improving the services, Fulfilling the instructions of the customers in accordance with the law and the contract, Planning the human resources policies and processes of our company, and the scope of marketing activities, determination and evaluation of the purchasing habits of customers, determination of the marketing and service delivery process and results, and their statistical evaluation and execution; it will be processed within the scope of the personal data processing conditions and purposes specified in Articles 5, 6, 8 and 9 of the Data Protection Law for the purpose of protecting and storing data that are required to be protected and stored for certain periods by the administration.

3) To whom and for what purpose the processed personal data can be transferred
In relation to your personal data collected, in order to ensure that the activities carried out by our company are carried out in accordance with the relevant legislation and the procedures of our Company, all relevant national / international legislation and secondary regulations published by national / international competent authorities based on these or related to them or their activities:

• Confirming the identity information of the shopper / shoppers through the website and mobile applications,
• Establishing the contract requested by the Customer in terms of service and product,
• Recording the address and other necessary information for communication,
• Contacting customers regarding the conditions, current status and updates of the contracts concluded under the relevant articles of the Law on Consumer Protection in order to establish a distance sales contract and / or a sales contract, and provide the necessary information,
• Arrangement of all records and documents that will be the basis of processing in electronic or paper environment,
• Fulfilling the necessary obligations in accordance with the national / international legislation that our companyis subject to,
• Fulfilling the obligations that our companyis subject to in accordance with the contract concluded in the context of national / international legislation to which our companyis subject,
• Providing information to public officials on public security issues upon request and in accordance with the legislation,
• In order to provide a better shopping experience to customers, to provide information to customers about products and services that customers may be interested in, informing customers about campaigns, conducting activities that increase user experience by monitoring consumer movements, managing relations with market research, planning and implementation of after-sales service activities regulation and implementation of processes,
• Increasing customer satisfaction, making customer satisfaction calls, fulfilling sms / e-mail requests, determining the purchasing habits of customers who shop from the website and / or mobile applications, and direct and indirect marketing, personalized marketing and remarketing activities to be arranged according to the preferences of the customer. In this context, informing in electronic and / or physical environment through contracted organizations, target audience determination, cross-selling, personal segmentation, target setting, analysis and in-house reporting,
• Conducting R&D studies of the operation of our corporate website and mobile application and personalizing it according to consumer demands, preferences and needs,
• Fulfilling the obligations (identification, information storage, reporting, information) and commitments under the contracts to which our companyis a party;
• Elimination of customer complaints and improvement of services in terms of services provided by our company,
• Fulfilling the customers' instructions deemed appropriate to the law and contract,
• Planning our institution's human resources policies and processes,
• Determining the scope of service, product and marketing activities, determining the results and evaluating statistically and performing them,
• For evidence in a legal dispute,
• Fulfilling our obligations in accordance with the national and international legislation and rules that our companyis subject to, In addition to the sales and marketing activities of products and / or services, planning and maintaining, improving after-sales service processes, identifying and developing alternative production techniques, developing and / or increasing loyalty to the products and / or services offered by our company, within the framework of planning and implementation,
• Data that is required to be protected and stored for certain periods by the administration is processed in accordance with the consent of the customers and the provisions of the legislation for the purposes of protecting and storing the data for the periods specified in the relevant legislation.

Any personal data available within the scope of the above mentioned; it can be transferred to persons and institutions that have been granted permission to request and obtain relevant data, within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the Data Protection Law to companyofficials, third parties, domestic and foreign business partners, solution partners, suppliers, legally authorized public institutions and private persons, in accordance with the legislation that our companyis subject to, to obtain, save, store, change, update, periodically check, rearrange, classify, keep for the period required for the purpose for which they are processed or for the period stipulated in the relevant law, as an institutional, commercial and data controller and / or data processor , their legal or it works with our organization into the actual requirements depending on the service or public institutions and organizations that are legally required and / or 3rd party service provider who is resident in Turkey or in abroad, to be shared with vendors, including the transfer abroad in case of legal or service-related actual requirements.

4) Method and Legal Reason for Collecting Personal Data
Although your personal data may vary depending on your relationship with our Company, it may be collected verbally, in writing or electronically, by automatic or non-automatic methods, through our Institution's units and offices, website, social media channels, mobile applications and similar means. Your personal data collected in this way can be processed and transferred for the purposes specified in articles (2) and (3) of this text within the scope of the personal data processing conditions and purposes specified in Articles 5 and 6 of the Data Protection Law. In addition, when you use our website to use the services of our Company, when you visit our Companyor our website, when you participate in the training, seminars or organizations organized by our Company, your personal data can be processed for the purposes specified in Article 3.

Again, if you use the website of our company, it stores the information collected by our companyin order to create an opinion about your preferences. In order to make special promotion for you on the website of our company, to organize promotional and marketing activities, to improve the content of the website and / or to determine your preferences, it can monitor your browsing information on the site and / or your usage history on the site.

Again, our customers who shop on our institution's website and / or mobile by credit card, by using credit card, bank transfer, payment system, they are deemed to have consented to share their personal data with the relevant company, whichever is chosen as the payment method of Bank, Transferwise, Paypal, Webmoney, Alipay, Stripe companies from which this service is purchased, and to be processed by the payment company. In this respect, it is also necessary to read and examine the payment policy page of the relevant payment systems before shopping with a credit card. The website of our companycan provide links to the websites of third parties and institutions other than our company. Although these links are used to provide information and / or facilitate the provision of a service, if you refer to the links of other websites, companies and individual institutions other than our institution's website, you should review the privacy rules and cookie policies of these sites separately.

In similar cases, our companydoes not have any responsibility for the sites other than its own website for obtaining and processing your personal data. In order to be informed about the current business and transactions of the relevant persons and institutions in terms of confidentiality and personal data, it is necessary to first examine the information on the relevant sites and, if any, send your questions to the relevant site management.

5) How Long Will Your Personal Data Be Processed?
Our companydetermines the retention periods of personal data by taking into account the national and international legislation to which it is subject and the purposes of processing the data subject to the process. In accordance with the KVKK, your personal data processed for the purposes specified in this Clarification Text, when the purpose required to be processed in accordance with Article 7 / f.1 of the KVKK is eliminated and / or when all periods including the time-out periods that we are obliged to process your data in accordance with the legislation, your personal data will be deleted, destroyed or anonymized and continue to be used by us after 24 months.

6) Your Rights Stipulated in Article 11 of Data Protection Law as Data Subject;
As data subject, if you submit your requests regarding your rights to our Companyusing the methods set out below in this Clarification Text, our Companywill finalize your request as soon as possible depending on the nature of the request. In this context, data subject has the right;

• Learning whether personal data is processed or not,
• Requesting information if personal data has been processed,
• Learning the purpose of processing personal data and whether they are used appropriately for their purpose,
• To know the third parties in the country or abroad to whom personal data have been transferred,
• To request correction of personal data in case of incomplete or incorrect processing and to request notification of the transaction made within this scope to third parties to whom personal data have been transferred,
• To request the deletion or destruction of personal data in the event that the reasons requiring its processing disappear, despite the fact that it has been processed in accordance with the provisions of the Data Protection Law and other related laws, and to request the third parties to whom the personal data has been transferred,
• Object to the occurrence of a result against the person himself by analyzing the processed data exclusively through automated systems,
• In case of damage due to unlawful processing of personal data, he/she has the right to demand the compensation of the damage.

Pursuant to the paragraph 1 of Article 13 of Data Protection Law, your request for using your rights stated above shall be written to (Atak Domain Hosting Int. And Bilgi Teknolojileri Ltd. Sti. Yenişehir Mah. Arda Sk. No: 36/1 Izmit - Kocaeli) You can forward as. We reserve the right to request from you in accordance with the tariff specified in article 13 titled "Application to the data controller" of the KVKK, in the event that our companyneeds to incur expenses in order to fulfill these requests. Since the Personal Data Protection Board has not determined any method at this stage, you must submit your application in writing to our Companyin accordance with the Data Protection Law. Within this framework, the channels and procedures you will submit your application in writing to our Companywithin the scope of Article 11 of Data Protection Law are explained below.

In order to use your rights stated above, you can send your request (Atak Domain Hosting Int. ve Bilgi Teknolojileri Ltd. Sti Yenişehir Mah. Arda Sk. No. : 36/1 Izmit - Kocaeli) by hand with documents identifying your ID, or send it via notary or other methods specified in Data Protection Law, or send your request to [email protected] with a secure electronic signature. If you want to receive more detailed information in terms of the information given above, you can reach us at 0090 262 325 92 22, e-mail address [email protected] for detailed information.

Without prejudice to the conditions stipulated in Article 28 of the Law titled Exceptions, your rights that you can use by applying to our Company within the framework of Article 11 of the Law are as follows:
• Learning whether your personal data is being processed or not,
• If your personal data has been processed, to request information regarding this,
• Learning the purpose of processing your personal data and whether they are used appropriately for their purpose,
• To know the third parties in the country or abroad to whom your personal data has been transferred,
• To request correction of your personal data in case of incomplete or incorrect processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the Law,
• Request notification of the transactions made pursuant to articles (d) and (e) above to third parties to whom your personal data have been transferred,
• Object to the occurrence of a result against you by analyzing your processed data exclusively through automated systems,
• Request compensation of your loss in case you suffer damage due to unlawful processing of your personal data.

We would like to state that we reserve the right to demand the expenses incurred by our company for the fulfillment of your requests according to the tariff specified in Article 13 of the Law concerning "Application to Data Controller."

* Personal Data Protection Law No.6698 entered into force after being published in the Official Gazette dated 7 April 2016 with number 29677.

Complaint Notice - E-Mail: [email protected]
Complaint Notice - Tel: 0090 262 325 92 22
Complaint Notice - Address: Yenişehir Mah. Arda Sk. No:36/1 Izmit - Kocaeli

7. How to Apply for Information?

You can get information about your rights under Article 11 of the Law “ruling the rights of interested parties” and regarding the application process in Article 6, and contact us using the “Personal Data Application Form”.

We would like to inform you about the types of cookies used on our website, the purpose of using cookies, and the settings, management and deletion of these cookies.

You can visit our website without giving any personal information, and get information about our products and services to meet your needs. Some cookies are used to collect information about site usage during visits. Our aim here is to provide convenience to the user visiting our website and to improve the operation.

What is a Cookie?
A cookie is a small text file that is saved on your computer or mobile device via your browser when you visit a site. Cookies allow a site to work more efficiently, as well as provide personalized pages to provide a more convenient and faster visit experience for your personal needs. Cookies only contain information about your visit history in the internet environment and do not collect any information about the files stored on your computer or mobile device.

Types of Cookies and Intended Use
There are two types of cookies as Permanent Cookies and Temporary Cookies according to their validity period. Temporary cookies are created when you visit the website and are only valid until you close your browser. Permanent cookies, on the other hand, occur when you visit the website and remain until you delete them or expire. Permanent cookies are used for processes such as providing a personalized experience compatible with your settings.

The types of cookies and their intended use are explained below:

Mandatory Cookies	It is essential for our website to function correctly. For example, mandatory cookies are used for purposes such as identity verification and not losing information about your current session. These cookies are used for security and verification purposes and are not used for any marketing purposes.
Cookies Required for Functionality	These are cookies that allow users visiting our website to remember their preferences. For example, it allows the visitor's language preference or text font size to be remembered. Not allowing the use of such cookies may result in a feature specific to you not being used and will prevent it from remembering your preferences.
Cookies Required for Performance and Analysis	These are cookies that help improve our website. These types of cookies collect information about visitors' use of the site and are used to check whether the site is working properly and to detect errors.
Targeting and Advertising Cookies	These cookies are used to promote products and services on our website or other media, to show you relevant and personalized advertisements with our partners, and to measure the effectiveness of advertising campaigns.

How Cookies are Collected?
Data is collected through your devices through which you access browsers. This information collected is specific to the device. It can be deleted by the user at any time and access to information can be blocked

Our Privacy Policy
Your privacy is important to us. Your privacy and security rights are our basic principle. In this context, you can find our clarification text on the protection of personal data here.

How can you control cookies?
You can delete the cookies that are currently on your computer and prevent cookies from being saved / placed on your internet browser.

Internet browsers are predefined to automatically accept cookies. Since managing cookies differs from browser to browser, you can refer to the browser's or app's help menu for detailed information.

For example,
You can manage as "Google Chrome -> Settings -> Advanced -> Privacy and Security -> Site Settings -> Cookies and Site Data -> Allow sites to save and read cookie data"

You can manage from the menü "Internet Explorer -> Settings -> Internet Options -> Privacy -> Advanced settings"

Most Internet browsers allow you to: • Viewing saved cookies and deleting the ones you wish
• Third party cookies blocking
• Blocking cookies from certain sites
• Blocking all cookies
• Deleting all cookies when you close the internet browser

If you choose to delete cookies, your preferences on the relevant website will be deleted. If you choose to block cookies completely, many websites and digital platforms including Atak Domain website may not work properly.

To Manage Cookies on your Mobile Device;

On Apple Devices;
• You can clear your browsing history and cookies with these steps "Settings -> Safari -> Delete History and Website Data"
• You can follow these steps to delete cookies and keep your history. "Settings -> Safari -> Advanced -> Website Data -> Delete All Website Data".
• If you do not want historical data to be kept while visiting the sites;
- You can activate private circulation by following the steps "Safari -> icon -> Special -> Done"
• You can block cookies with these steps. "Settings -> Safari -> Block All Cookies" However, some websites and features may not work properly when you block cookies.

On Android Devices;
• You can clear your cookie with the option. Chrome app -> Settings -> Privacy -> Clear browsing data -> Cookies, media licenses and site data -> Clear Data"
• You can allow or block cookies with the option "Chrome Application -> Settings -> Site Settings -> Cookies"