1) Subject of the Agreement
The subject of this agreement as described briefly below, is the provisions relating to website hosting, outline of visual and technical design and the domain name registration service, and the protection of the mutual rights.
Web Hosting : The process of hosting the website which has been prepared by NGDatacenter or someone else in accordance with user`s demands and preferences,on NGDatacenter's servers or on servers rented by NGDatacenter or on servers which are available for NGDatacenter and publication of the website.
Web Design : Preparing the visual and technical design of the website in accordance with the users demands and preferences, making it ready to publish in a proper way and delivering it.
VPS,VDS (Virtual Private Server, Virtual Dedicated Server) : These are virtual servers which are installed in accordance with the users demands and preferences and prepared specially for that user after users ordering. Since these services are prepared by the order of user, they are non-refundable
Domain Registration : It's registration of domain which user demands, within the time user points out, in accordance with preferences of user and the informations that user give. Domain Registration is made by ICANN worldwide. And it's not possible that a registered domain gets deleted. Therefore it`s non-refundable.
2) Duration of Agreement
This agreement begins with users payment to NGDatacenter the price user owes due to the order user gives, by using a payment method ( credit cart or money transfer ). It terminates at the end of the service period (per month/ per year) which was chosen by the user during the ordering.
3) Suspending,Limiting or Stopping the Service
User is solely responsible for the content of the website which user publishes in the domain area that is reserved to him/her. User accepts to have all the legal and criminal responsibility for any illegal writing,sound,image or any kind of data in the website. NGDatacenter reserves the right of suspending, limiting or stopping to provide users service by warning or without warning, completely or partially.
Sending Bulk Mail : None of our hosting or virtual server services have bulk mail sending permission. In case of bulk mail sending, the service the user is receiving is stopped without any warning.
Sending SPAM Mails : Spam mail sending is sending e-mail to the recipient without recipients consent. It doesn't matter if one or several spam mails are sent or either it`s for commercial reasons or not. The point that matters on this issue is that either the recipient demands to receive mails or not.In case of any NGDatacenter server entering in the spammer server lists because of sending spam mails, NGDatacenter reserves the right to demand and take the Clearance Price from the user for getting out of lists. Besides, in case of spam mail sending detection, the service which user is receiving is stopped without any warning.
Crimes Related to Intellectual Property : NGDatacenter reserves the right to stop users service in the case of a criminal offence within the content of " Trademark Law"," Act On The Protection of Patient Laws" ( copyright, registered trademarks, service trademarks, commercial secrets, software piracy and criminal offences against patent rights ) and acts which violate the inviolability of the private life.
Crimes Against Public Morality : Publishing "adult" contents which are against public morality and/or accomplice publishing these kind of contents. Try to access computers or accounts of other people illegally ( by behaviours defined as "hacking") and damage computers/networks of other people this way by using NGDatacenter services . Damaging computers or the softwares installed on computers which belong to NGDatacenter Doing these by using NGDatacenter Services : Sharing music files, free e-mail, pirate softwares, toplist, directories ,changing banner , providing downloading or gauge services, run any kind of chat program or interfaces which connect to a chat program, distribute free web spaces to the visitors.
To keep a content which prevents other clients to get the service : Causing the service that other clients receive get affected by using processors (max. %20) or memory sources (max. 512 mb.) excessively on the area that has given by NGDatacenter. In the case of excessive usage of sources, first NGDatacenter suggests the user an upper model of service. If it's not accepted, NGDatacenter has the right to terminate the service.
These circumstances may cause the service to stop : Not to pay the cost of the service completely and in the determined time. Any problem about the payment that is caused by the user if the payment is done with credit card. Publishing anything against the law although not specifically mentioned here by using NGDatacenter services. To endanger NGDatacenter's and other users safety by using the passwords which were given by NGDatacenter. Trying to reach NGDatacenter's informations without permission.
4) Prohibited Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, NGDatacenter also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
US Treasury Embargo Restrictions
In accordance with the sanctions programs administered by the U.S. Department of the Treasury, NGDatacenter is prohibited from doing business with anyone from certain countries, including Cuba, Iran, North Korea, Sudan and Syria, or with Specially Designated Nationals (SDNs). In the event that you are in one of the aforementioned countries, or if you are an SDN, you will not be able to sign up for our services.
If you are a reseller, you are prohibited from providing services to clients located in the following countries as well as any persons listed on the SDN list, regardless of what country you currently reside in.
PENALTIES: Criminal penalties for violating the sanctions range up to 10 years in prison, $1,000,000 in corporate fines, and $250,000 in individual fines. Civil penalties up to $65,000 per violation may also be imposed.
Iran (a.k.a. Persia)
PENALTIES: Criminal penalties for violations of the Iranian Transactions Regulations may result in a fine up to $1,000,000, and natural persons may be imprisoned for up to 20 years. Civil penalties, which are not to exceed the greater of $250,000 or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed may also be imposed administratively.
PENALTIES: Criminal fines for violating the Executive Orders range, upon conviction, up to $1,000,000; individuals may also face imprisonment up to 20 years. In addition, civil penalties of up to $250,000 or twice the amount of the underlying transaction may be imposed administratively for each violation.
PENALTIES: Criminal penalties for violating the sanctions range up to 10 years in prison, $500,000 in corporate fines and $250,000 in individual fines. In addition, civil penalties of up to $11,000 per violation may be imposed administratively.
Ukraine: Crimean Region
Details regarding the full penalties of the Ukrainian restrictions are not yet available and this article will be updated as soon as possible once this information is released.
Prices of NGDatacenter's services are defined by US Dollar. These prices don't include legal VAT. VAT is added to the price at the end of order.
Taxes of NGDatacenter services are calculated and denoted in payment pages. Client pays to NGDatacenter by credit carts, money transfer or with cash. NGDatacenter reserves the right not to start or to stop the service until the payment. NGDatacenter reserves the right of changing the service price if necessary. Services that are not renewed and paid , stop within 3 days after the end of service. In the 5. day the service terminate completely and websites get removed from the server. In payments with credit carts if a foreign credit card is used, sum of money may differ because of the currency difference
6) Rights and Responsibilities
All the services which are mentioned in the first item of this agreement are given by NGDatacenter "As Is Based" or "As Available". It means that these services should be accepted by the user as they are given by NGDatacenter. NGDatacenter doesn`t guarantee that any service will be continuous, without downtimes, without errors or reliable on the internet. User accepts not to claim any rights in the case of downtime of service, service stopping ,service being stopped or service causing errors and harm.
7) Correspondence Address
The e-mail address which is given by user during the ordering is the legal residential and contact address. In case of changing this address, user is responsible to declare that in writing. User accepts that any kind of correspondence which is sent to this address will be accepted as notified even if the correspondence doesn't reach to the user.
8) Lapse into Default
If user doesn`t pay the price of the service which user is liable to pay according to the agreement, NGDatacenter may demand %5 delaying cost per month from the invoice date.
NGDatacenter backups servers periodically. But it has no legal responsibility in any possible physical (hardware) failure. User should do the backup procedure himself/herself from control panel.
This agreement consists of 8 items including this one. It's read and signed by both sides.
(Once the order is sent to NGDatacenter on the internet, the agreement is accepted as signed.) NGDatacenter which sells all its services and products only on the internet, warns on the first page of all orders that it won't continue the selling procedure unless this agreement is read, understood and accepted. NGDatacenter may add new items or titles to the agreement, or remove or modify some of them. User accepts all of these possible modifications.