Terms of Service and Use
Introduction
These Terms ("Agreement", "Terms", "Terms of Service", "Terms of Use" or "Terms of Service and Use") govern your (hereinafter known as "Client", "you" or phrases like "your", "entity" or "Client Information") Relationship, Purchase, Retainer and/or Use, in any manner, of any Products and/or Services as described in the online order form, proposal or invoice (the "Services") requested or ordered by telephone, consultation meeting with an Agent of TurkReno, or e-mail, by you and mutually accepted ("Official Acknowledged Request") in writing by TurkReno Incorporated (hereinafter known as "Corporation", "Our", "We", "Us" "TurkReno" or "TurkReno Inc"). These Terms are also provided to you as a courtesy and are displayed in Due Diligence towards our acknowledgement of the importance of a self-governing service provider and ethical business practice or work-place standard within our Corporation.
The description of Terms and Conditions that apply to the result of any such Request, Use and Limitation of the Services we shall provide you at any given time and shall supplement or entirely supersede any "Internet Services Agreement", "Internet Services Provider Agreement", "Website Hosting Agreement", "Website Design Agreement" or like Agreement provided in the event we deem such action necessary to the success, protection and sustained survival and growth of the Corporation. Descriptions of individual items shall be located within the Glossary of the parent Legal section.
Terms of Service
Under the Terms of Service, this document shall be given legal standing as binding Agreement, your placement of Client Information on our servers, payment of any deposit, service fee or retainer or by requesting in writing following any Services for Computer related repairs, Internet Consultation, any Client information hosted or maintained by means of our storage, network devices or file system repositories (herein known as the "TurkReno Content Network"), Web Site Design, Networking, Servers, Data Storage, E-mail Services, DNS, Programming, Diagnostic, Marketing, Photographic, Forensic or Technical Support Service by ticket submitted from the TurkReno Client Center, e-mail, fax, USPS mail, phone calls at the sole discretion of the Corporation and/or use of our billing and ticket support system within the Client Center acknowledgment that you have read, understand and agree to abide by the Terms and Conditions herein and related to our Services.
All requested and current services are also subject any Services Agreement in addition to our Terms of Service and Use, our Privacy Policy and our general Corporate Practices as lawfully provided to us within the United States.
Length of Term and Payment for Services
This Agreement shall be for an Initial Term as chosen by you in the Order Form located on this Site at the time you register for the Services within the TurkReno Client Center or by telephone after providing us a proper e-mail address so that we may grant you access to the Client Center. Once you have been granted access to our Client Center, you acknowledge and are able and willing to pay any and all service fees associated with your request and priced by TurkReno.
This Agreement will be automatically renewed (the "Renewal Term" and related to the "Initial Term") at the end of every Term for the same period as the Initial Term or another modified Term. Unless you provide TurkReno with proper Notice of Termination or a Service Modification Notice by opening a ticket or ordering from within the TurkReno Client Center to change or terminate before thirty (30) anniversary days, or one full calendar month prior to the end of the Initial Term or the Renewal Term, your term shall stay forever green. Upon provide TurkReno adequate notice, which "adequate" notice shall include your ability to provide TurkReno with sufficient customer identification information and any security question we have on file to verify your account, if asked, so that TurkReno may properly identify you and your account. Any Notice of Termination will be effective following three (3) days after TurkReno's receipt thereof and it is at TurkReno's sole discretion if any refunds or balance forward shall be remunerated to both either yourself or the Corporation.
Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) TurkReno will not refund to you any fees paid in advance of such termination, unless otherwise stated and (b) you shall be required to pay 100% of TurkReno's standard monthly or annual charges for each month or year remaining in the term, unless otherwise expressly provided in this Agreement. Your termination request or notice must be submitted to TurkReno in the manner described above or by USPS mail to the address provided on the contact portion of our website. TurkReno may terminate this Agreement at any time and for any reason by providing to you written notice five (5) days prior to the date of termination. If TurkReno terminates this Agreement, TurkReno Inc., at its sole discretion, may or may not refund to you the pro-rated portion of pre-paid fees attributable to Services (excluding set-up fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. You agree to this clause upon purchase and use of any Services and that any chargeback fees or penalties applied against TurkReno will result in legal action against you and your organization, if applicable.
TurkReno may investigate, self-govern, and audit any reported or suspected violation of this Agreement (including any additional Terms, Policies, Clauses or Rights afforded to us), complaints, violations of copyright, confidentiality or proprietary information and will take any action that is deemed appropriate and reasonable under the circumstance to protect our employees, systems, facilities, customers, assets, holdings, private or public interests and/or third-party partners from harm. TurkReno may access or review the contents of any e-mail, data share, file similar stored electronic communication or digital asset as permitted by Federal Law that transacts through the TurkReno Content Network during the course of any client's use of the network.
Upon such review, you agree that you are aware, acknowledge and defend the following Terms, even if at your full expense, are in full effect:
›› TurkReno reserves the right to refuse or discontinue service to anyone at the Corporation's sole discretion without reason.
›› TurkReno may deny you access to all or part of the Service without notice regardless of your standing with our Corporation if we suspect your activity falls under this provision or fails to pass an Audit.
›› In the event TurkReno finds that you, your organization and all derivatives thereof, engaged in any or are actively participating in activity that TurkReno believes violates any of the Terms and Conditions herein or the Acceptable Use Policy, it shall be TurkReno's sole decision whether or not to pursue you in a legal manner and to be remunerated for any damages or relief entirely at your expense.
›› TurkReno shall have no responsibility to notify any third-party providers of services, merchandise, licenses or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
›› You agree TurkReno reserves the right to publicly disclose this Activity as a Record of such event.
›› You agree that TurkReno has the right to continually monitor the services electronically provided and to disclose any information as necessary to satisfy the law in cooperation with law enforcement to protect ourselves or our subscribers from any type of harm.
›› You agree that TurkReno has the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of any Agreement with us.
›› TurkReno refuses refunds in cases where TurkReno believes abuse, harassment, copyright infringement, breach of confidentiality, release of proprietary information of any kind or contractual negligence has taken place.
Breach of any of the above Terms or conditions may result in a warning or the immediate termination of an account at the discretion of the TurkReno staff.
Public Nature
You understand and acknowledge that all information submitted directly through your local Internet Service Provider, as well as the local connection your computer uses, to access any Internet or Electronic Services we provide shall be considered publicly accessible if you fail to connect to our Network under provided secure connections. We provide 128-bit Secure Socket Layer (SSL) Encryption methods throughout all client sensitive portions of our site. Generally, it is not possible to access these portions of our site without circumventing our security protocols. Important and private information should be protected, encrypted and backed up by you. You furthermore agree we are not liable for the protection or privacy of electronic mail or other information transferred through your Internet Service Provider between our Network that you do not encrypt or mail through our encrypted means. In other words, there shall be no exceptions or liability placed on TurkReno to for your data and actions on our network, your ISP's network or its intermediary networks, especially in the event that you fail to connect to our services using the encryption methods provided given you are even able to do such. Should for any reason our data encryption methods fail, the clause titled "No Service Warranty" shall apply.
No Service Warranty
TurkReno makes no warranties or representations of any kind for the services being offered. The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TurkReno or its agents or employees shall create a warranty. TurkReno provides no warranty that the service will be uninterrupted or error free unless otherwise stated in our Service Level Agreement (SLA), or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall TurkReno be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use any of TurkReno services, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the services TurkReno provides or any of its Terms, Conditions, Rules, Policies, Guidelines, or Practices, your sole and exclusive remedy is to discontinue using the service and without dispute pay forward all fees, monies, debts and penalties owed, including any agreement to pay forward the remaining balance on a deposit-based service owed, if any.
Charges, Payments, Fees and Disputes
You will pay all charges for your use of the Services at the then current TurkReno prices for that category of service or any special offer applicable to your account as determined by TurkReno. You are responsible for paying all federal, state, and local sales, use, value added, import/export, excise duty and any other taxes assessed with respect to the Services, other than taxes based on TurkReno net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of TurkReno.
You will pay all charges for the selected service term in advance on the first day of the Initial Term. Establishment of this service is contingent upon receipt of payment from you to TurkReno. You will pay all subsequent charges for Services in advance on the anniversary day the service term. You authorize TurkReno to charge your credit or debit card, PayPal account, or other electronic draft mechanism as approved by TurkReno, to pay for any charges that may apply to your account. You must notify TurkReno of any changes to your card account including applicable account number, billing address, registered phone number, or cancellation or expiration of the account. Your failure to fully pay any fees and taxes within 48 hours on or before the applicable due date is a material breach of this Agreement, justifying TurkReno to suspend its performance and terminate this Agreement and uphold all rights afforded to The Corporation hereto. If TurkReno terminates a service or account due to your material breach of this Agreement, you agree to forfeit all pre-paid amounts and/or pay immediately all fees associated with the termination set forth in this Agreement, pay all monthly recurring fees for each month remaining in the term, if any, and any other amounts you owe to TurkReno under this Agreement. You are responsible for any costs that TurkReno incurs in enforcing this Agreement, collection of any balance that shall be paid forward, including reasonable attorneys' fees, court costs and collection agency fees.
All payments made are nonrefundable unless otherwise stated. This includes any applicable setup fees, domain registration fees and subsequent charges regardless of usage.
Failure to Pay and Fee Schedule
The Corporation may temporarily deny service, suspend service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event of a material breech of this agreement due to non or late payment of your services, all data, files, logs, and other information on or associated with your service will be, at TurkReno's sole discretion, deleted or otherwise destroyed. In no event shall TurkReno be liable for preservation of data subsequent to you breaching this agreement. If The Corporation is in direct control of domain names of a client by management, renewal, redemption of expired domain, or original purchase through The Corporation via a 3rd party domain registrar, and a Client's account becomes past-due, The Corporation, at its sole discretion, shall retain the domain name as an asset of The Corporation or outright release the domain by deleting it from the 3rd party registrar used to manage the domain. At no point shall The Corporation be liable or obligated to surrender the domain name back to the Client if a late fee is incurred. At no point shall TurkReno accept responsibility or be held liable in any manner for the loss or retention by TurkReno of any domain name due to the Client's failure to pay invoices for hosting services renewal. Additionally, you agree The Corporation will not be held liable for any service interruption due to non-payment.
Payment is due on the defined monthly, quarterly, bi-annual or annual recurring billing date of each month or year. Credit cards that are declined for any reason are subject to a $50.00 declination fee. Internet Services will be suspended on accounts that reach 3 days past due. At our discretion, any Service Suspended for nonpayment is subject to a reconnection charge of no less than $150.00 for basic accounts and a minimum fee of $200.00 with maximum of $1000.00 for VPS, dedicated servers or managed dedicated server accounts. Accounts not paid by 5 days due date are subject to a late fee up to no less than $100.00 and no more than %20 of the balance forward. Accounts that are deemed "not collectible by TurkReno" may be turned over to an outside agency for collection of fees and the Balance Forward if remedy is not provided to TurkReno within 14 days. If your account is turned over for collection, you agree to pay the Corporation an additional "Processing and Collection" Fee of not less than Fifty ($50.00) dollars nor more than Two-Hundred Fifty Thousand, Five Hundred ($250,500.00) dollars and shall also include all other legal Relief awarded by a Court to both the Corporation and the Agency we use to Collect the balance forward. Furthermore, by use of our services or systems you agree that all fees are completely acceptable in reflection of being an "ethical Client" (See: Our Philosophy).
Intellectual Property Rights
Your License Grant to TurkReno. You hereby grant to TurkReno a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to TurkReno a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
TurkReno Materials and Intellectual Property. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by TurkReno or its suppliers or agents pursuant to this Agreement, and any know how, methodologies, equipment, or processes used by TurkReno to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of TurkReno or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by TurkReno during the term of this Agreement. Unauthorized copying, reverse engineering, decompling and creating derivative works based on the any such software or computer or server installation is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
Trademark Usage. You hereby grant to TurkReno a limited right to use your trademarks, if any, for the limited purpose of permitting TurkReno to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license uses of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
Indemnification and Exclusion of Liability
You agree to indemnify, defend, and hold harmless TurkReno from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, TurkReno, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to any service listed on this website as well as, or including, computer or server repair services, computer or server upgrades, software and hardware licensing, domain name selection, web site hosting and web site content. You further agree to defend, indemnify and hold harmless TurkReno, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including without limitation, reasonable attorney's fees, arising out of any property damage or recoverable economic loss incurred by Client or a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that TurkReno shall have the right to participate in the defense of any such claim through counsel of its own choosing entirely at your expense.
Interruption of Service
You hereby acknowledge and agree that TurkReno will not be liable for any temporary delay, outages or interruptions of the Services unless such outage or delay is covered by our Service Level Agreement. Further, TurkReno shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Miscellaneous
You agree that you are at least 13 years of age to satisfy COPPA law. In the event that we find that you are not 13 years of age, all information provided to us will be purged from our systems and your connection to our network will be banned indefinitely.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
TurkReno's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
If a client fails to communicate with us for more than a period of two months during an open project, we will close the project and a re-activation fee of no less than $75.00 will be required to continue.
TurkReno may modify this Agreement from time to time, your continued use of the Service shall be deemed to be your acceptance. If you do not agree to this Agreement, you must immediately stop using the Service and notify us in writing immediately to discontinue future service charges.
TurkReno reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum's and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the TurkReno Website (the "Site"). TurkReno may post changes or modifications to this document, the referenced Acceptable Use Policies and Service Level Agreement without notice to you. Your continued use of Services following TurkReno's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
You agree that we are the authority when representing the intent of any clause of these terms and conditions. You agree that regardless of any error in spelling, syntax, grammar, sentence structure, semantics, punctuation, or typographical content, our interpretation of any specific clause in this agreement is the correct interpretation. You further agree that neither you nor any legal counsel you choose to employ will misrepresent such intent based on such errors in any forum, court of law, or other venue.
All prices listed on the site are in US Dollars($ or USD) unless otherwise selected and shall always attempted to be in equal proportion to the market value conversion of any currency to match that of the US Dollar.
