Membership Contract

This Membership Contract (hereinafter will be referred as “Contract”) is valid between the Nokta Internet Technologies San and Tic. A.Ş. (hereinafter will be referred as “NOKTA”) who is the creator and the owner of the all the intellectual property rights of website www.noktadomains.com (hereinafter will be referred as “Site”) And The member (hereinafter will be referred as “Member”) is any real or legal person who desires to benefit from the services that are provided in the Site and designates the terms and conditions for Membership.

Member, upon membership to the Site, accepts, declares and commits that s/he read this Membership Contract and understood all the circumstances of its content and accepts all of its provisions irrevocably.

Conditions
NOKTA’s Situation: NOKTA provides it’s Members who accepted the Membership Contract and NOKTA’s designated rules, “domain name” merchandising Services for a price which is formerly defined solely but NOKTA. The liability of NOKTA is Limited to provide afore-mentioned services to its members and parties hereby accepts there is no further liability of NOKTA under this Contract.

NOKTA, if it considers it necessary, reserves the right to stop or suspend the services for a definite or an infinite period. Member hereby accepts the NOKTA does not have any liability for stopping or suspending the services for a definite or an infinite period.

Member hereby irrevocably accepts NOKTA’s situation and becomes a Member under these conditions.

Membership
Members shall be entitled to benefit from the services (hereinafter will be referred as “Services”) provide in the Site.

Upon acceptance of this Agreement herein: a) Real person Members accept and declare that they are over the age of 18 and has legal capacity to conclude such an agreement, b) Legal person Members accept and declare that this Agreement is approved by its authorized persons and is binding for the legal person. Furthermore, the Member hereby accepts, declares and undertakes that she/he/it will use the services provided in the Site in accordance with her/his/its membership, is authorized to log in to the Site and is solely responsible for the selection and use of such services and access to the Site.

It is in NOKTA’s sole discretion to accept a Member or not. Membership application will be evaluated by NOKTA and NOKTA may reject any application without showing any reasons. NOKTA may delete rejected or disused Memberships. In addition to these, after becoming a Member, NOKTA reserves the right to suspend the Services temporarily or permanently without any prior notice and without providing reasons.

Fees and Services
Membership to the Site is free of charge, however, NOKTA will provide the “domain name” merchandise Services in exchange of the Fees that are solely determined by NOKTA. Member that purchased any of Services over the Site, is responsible for the payment of these fees. All the taxes and duties, including VAT, shall be included to the price of the Services provided on the Site. Service Fees shall be paid over the currency/is which are solely determined without any prior notification.

Once Member completes the procedure for receiving the Services and making the required payment, which can be altered by the sole discretion of NOKTA from time to time, in order to benefit from the Services, Member hereby irrevocably acknowledges that he/she/it shall not be entitled to any cash refunds, any refund of the Services provided the Member and/or recede from the contract. After completing the procedure and making the required payment, Member shall not claim NOKTA for not providing the Services since the Services are provided automatically after completing the procedure and making the payment.

Privacy Policy
The membership information and private information provided by Members shall not be disclosed except with the consent of the Member or under following conditions:

Members have the responsibility to protect their username and password. Members shall not disclose their personal information to third parties and shall not permit the third parties to use such personal information. Besides, the Members shall inform NOKTA immediately if they find out that their personal information is being used by third parties without their consent. For the purpose of preventing unauthorized access, NOKTA has right to block Member’s access to the Site and/or to identify a new username and/or to terminate the Membership of Members. Member shall be solely responsible for protecting and obtaining the equipment and supplementary services that enables the Member to access the Site.

i. Necessities a rising from the legal rules such as Law, Decree Law, Regulation etc. which are in force and enacted by competent legal authority,
ii. In case any information about the Members are requested by competent administrative and legal authorities in accordance with an investigation made in due form,
iii. In circumstances where it is necessary to disclose information in order to protect the Member’s rights or security,
iv. In cases where NOKTA finds it necessary for the fulfillment of the requirements of this Agreement and/or other agreements and for the execution of such agreements and upon request of real or legal persons.

Liability
Members hereby accept and commit to use the Site and the Services provided on the Site in accordance with the law. Members are solely responsible for any legal and/or criminal liability all the actions that they commit while using the Services provided on the Site. Member hereby acknowledges, declares and commits that all the content that she/he/it provided or loaded to the site is in compliance with all the laws, especially with Criminal Code, Laws No. 5651 and 4077 and does not constitute any infringement to third parties’ or Site’s real and/or individual rights or their properties, that all the information he/she/it provided is correct, and commits that he/she/it will not duplicate, copy, distribute, will not compete with NOKTA directly or indirectly. The Members that breach the above-mentioned restrictions, Member shall be solely responsible for any and all claims or penalties by any third party, administrative or legal authority. Under this Contract, NOKTA shall not be held contractually or legally liable for the content under no circumstances.

Member hereby accepts, commits and declares that; in accordance with the Law no: 5651, other legislations or any directions from the administrative authorities, NOKTA may seize the Services it provides (including blocking the access to the “domain names”) without giving any prior written notification and Member accepts, commits and declares that he/she/it waived from not demands due to this suspension of the Services.

Under the scope of this Agreement, NOKTA is obliged to issue an invoice (including VAT) for the Services it provided to the Member.

Validity Period of the Agreement, Agreement Amendment and Termination of the Agreement
NOKTA shall not be held liable for any liabilities of law no. 4077 and relevant legislation concerning Consumer Protection. Member is individually responsible for infringement of any intellectual or industrial property rights and any claims may arise because of these infringements due to the Services he/she/it purchased. NOKTA has no liability, contractual or legal, according to the usage of the Services that are provided on the Site by the Member This Agreement herein; will remain in force as long as the member is a member of the Website and continue to be effectual; and considered terminated in the cases where member’s membership period expires or where membership is temporarily or permanently ceased. This Membership Agreement herein shall be unilaterally updated by NOKTA in time. Our members are deemed to accept the updated Agreement articles every time they log on to the Website.

In case of any dispute arising from the interpretation and enforcement of this Agreement and which cannot be settled with mutual negotiations, T.C. Ankara Courts and Execution Offices shall be the exclusive venue for the dispute resolution.

Settlement of Disputes
1. Any demand made to NOKTA on the grounds that member violated third parties’ intellectual and industrial property rights
2. If the member assigns his/her member profile that was created for him/her to someone else or let someone else use his/her member profile,
3. If the member engages in any activity that violates and/or have the possibility to violate third parties’ rights,
4. If the member does not pay for the Services he/she purchased
5. If NOKTA suffers any damage due to reasons attributable to the member

Member declares and undertakes that, according to HUMK article 287, NOKTA’s legitimate books and records, microfilm, microfiche, computer records, e-mails and facsimile messages are binding, accurate and exclusive evidence in case of any disputes arising from this Agreement and that this article is an evidential contract.

The Privacy Policy partaking in the Website is an inseparable part and attachment of the Membership Agreement herein.

By becoming a member of the Website, the member accepts, declares and undertakes that he/she has read this Membership Agreement in full, understood the content in its entirety and accepted all the provisions.

NOKTA has the right to unilaterally terminate this Agreement in case members violate the Agreement or similar rules partaking in the Agreement regarding the usage, membership and Services, especially in the circumstances under mentioned, and the members are obliged to compensate the damages NOKTA suffered in full: