Terms of Service and Use Agreement

Effective date

Last updated: 01 January 2025

Effective date: 01 January 2025

ARTICLE 1: Parties

These Terms of Service and Use Agreement ("Agreement");

Service Provider: WE1TOWN PAZARLAMA VE BİLİŞİM TEKNOLOJİLERİ LİMİTED ŞİRKETİ

• MERSIS No: —
• Tax Office / Tax No: 8001226195
• Trade Registry / Registry No: —
• Registered address: İÇ KAPI, HALİSE HATUN MAH. ANABACI CAD. DR. ASUMAN PASAJI NO: 22, NO: 101, 22200 Uzunköprü/Edirne
• Registered e-mail (KEP): —
• E-mail: [email protected] (also via our support channels)
• Phone: 0850 307 27 91
• Website: https://weserver.io
• Brand/Service name: WeServer / WeHost
• (Hereinafter referred to as "WE1TOWN" or "Service Provider".)

ARTICLE 2: Definitions

In this Agreement:

• Service: VDS/VPS, IPv6 subnet server, Turkey-located server, dedicated server, GPU server, IP address allocation, operating system installation, network, technical support, and other infrastructure services specified in the order,
• Panel: the WE1 or equivalent management system through which the Customer configures or manages their services,
• Server: the virtual or physical computing resource allocated to the Customer,
• Service Period: the monthly, annual, or other usage period specified in the order,
• KYC: the customer identification process relating to verification of the Customer's identity and, where required, commercial activity,
• Content: any data, software, and materials hosted, processed, transmitted, or made accessible by the Customer on the server,
• Consumer: a natural or legal person acting for purposes that are not commercial or professional.

ARTICLE 3: Subject and scope

The subject of this Agreement is to determine the rights and obligations of the parties regarding the provision of server and infrastructure services selected by the Customer.

The type of service, technical specifications, resource amount, location, usage period, setup fee, renewal fee, and any service-specific terms are shown on the order screen, quote form, invoice, or in written electronic communication.

In the event of a conflict between order-specific offers and terms and this Agreement, mandatory provisions of law shall remain reserved and, only with respect to the relevant order, order-specific written terms shall apply.

Unless expressly stated as a managed service, WE1TOWN is not responsible for installation, configuration, updating, securing, or operation of the Customer's software.

ARTICLE 4: Formation of the agreement

The Agreement is formed at whichever occurs first: the Customer confirming an order via the website or Panel, accepting a quote sent by WE1TOWN electronically, making payment, or actually starting to use the service.

If an order cannot be fulfilled for technical or legal reasons, WE1TOWN may reject the order. If any amount has been collected, it shall be refunded via the Customer's payment method within the legal period.

The order summary and contract text are delivered to the Customer via a durable data medium or kept accessible through the Panel.

ARTICLE 5: Account and customer information

The Customer accepts that the information provided during registration and ordering is accurate, current, and complete, and that changes will be notified without delay.

• ensure the security of account, password, API key, root, or RDP access credentials,
• use strong and unique passwords,
• notify WE1TOWN immediately upon suspicion of unauthorized access,
• regularly review transactions carried out through their account.
• The Customer is responsible for transactions arising from sharing access credentials with third parties, unless WE1TOWN is at fault.

ARTICLE 6: Identity verification and KYC

WE1TOWN may request identity, address, company, payment method, or purpose-of-use verification from the Customer before ordering or during the service period to prevent fraud, abuse, sanctions violations, and unlawful activity.

Documents that may be requested are limited to those necessary and proportionate for verification purposes. Personal data is processed in accordance with applicable legislation and the WE1TOWN Privacy Policy.

If the Customer fails to complete verification, provides misleading information, or a high-risk transaction is suspected, the order may be rejected and the service may be suspended until verification is completed. Refund rights arising from mandatory legislation are reserved.

ARTICLE 7: Service delivery and activation

Virtual server services are activated as soon as possible after payment and required verifications are completed. Delivery times for dedicated, GPU, custom hardware, and custom network services depend on stock, supply, installation, and data center conditions.

Estimated delivery times are not binding definitive deadlines unless expressly guaranteed otherwise. The Customer shall be informed in the event of a significant delay.

Delivery is deemed to occur when access credentials are communicated to the Customer or the service is made available in the Panel.

Delays caused by missing information, incorrect configuration, domain routing, licensing, software, or third-party processes attributable to the Customer cannot be charged to WE1TOWN.

ARTICLE 8: Fees, taxes and payment

The service fee, currency, taxes, billing period, and payment method are shown to the Customer before ordering.

Unless stated otherwise, applicable taxes are added separately to prices. The Turkish lira equivalent of prices shown in foreign currency may be calculated at the exchange rate at the time of payment or the rate applied by the payment provider. The applicable method is explained before ordering.

The Customer is obliged to pay on due date. In the event of late payment, WE1TOWN may: (1) send notice to the Customer, (2) grant a reasonable payment period, (3) restrict or suspend the service at the end of that period, (4) terminate the service if the debt continues and delete data in accordance with Article 15.

Late payment fees and other financial provisions that may apply in consumer transactions are subject to limitations under consumer legislation.

ARTICLE 9: Renewal and price changes

The service does not renew automatically unless automatic renewal is expressly accepted in the order.

Where automatic renewal is selected, the Customer may disable it via the Panel or support channel before the renewal date. Renewal fees and significant price changes are notified to the Customer before renewal.

The new price is not applied retroactively to the current paid service period. If the Customer does not accept the new price, they have the right not to renew the service.

ARTICLE 10: General customer obligations

The Customer accepts that they will use the service only for lawful and contract-compliant purposes.

• obtain licenses for software used on their server,
• perform operating system and application updates,
• remedy security vulnerabilities,
• implement necessary access controls and firewall rules,
• keep at least one current and usable backup of their data in an independent environment,
• carry out required disclosure and consent processes for their users and customers,
• protect the reputation and usage security of allocated IP addresses.
• Use of the server by a third party does not eliminate the Customer's responsibility under this Agreement.

ARTICLE 11: Acceptable use

The following activities are prohibited:

• hosting or distributing content contrary to applicable legislation,
• hosting content relating to child sexual abuse, obscene material constituting an offence, or content inciting crime,
• conducting phishing, fraud, forgery, or misleading commercial activity,
• distributing malware, ransomware, botnets, trojans, or similar software,
• conducting unauthorized network scanning, port scanning, password attempts, system intrusion, or security testing,
• carrying out DDoS attacks, facilitating attacks, or providing attack infrastructure,
• sending unsolicited bulk electronic messages or unlawfully using third-party contact lists,
• infringing intellectual property, personality, privacy, or personal data rights,
• IP spoofing, source address manipulation, or misleading use of network identity,
• cryptocurrency mining; running high-intensity or continuously resource-consuming processes not expressly permitted in the relevant package,
• operating open proxies, unauthorized VPN exit services, or anonymization infrastructure; use cases expressly permitted in writing for the relevant service are reserved,
• conducting unlicensed broadcasting, pirated content, or unauthorized resale activity,
• jeopardizing the security, stability of WE1TOWN infrastructure, or service quality of other customers,
• continuing activities reported as unlawful by competent authorities.
• The above list is not exhaustive. Detailed rules may be set out in the Acceptable Use Policy, which is an integral part of this Agreement.

ARTICLE 12: Resource usage and fair use

CPU, RAM, disk, traffic, port, and IP resources allocated to the Customer are limited by order specifications.

"Unlimited" or "traffic included" expressions do not mean that usage damaging infrastructure, disrupting other customers' services, or clearly exceeding normal use is permitted.

If resource usage adversely affects infrastructure or other users, WE1TOWN may request reduced usage, notifying the Customer where possible. Temporary technical measures may be taken without prior notice where there is an urgent security or service continuity risk.

Permanent restriction or termination decisions are applied in proportion to the nature and severity of the violation.

ARTICLE 13: IP addresses and subnet services

IPv4 and IPv6 addresses provided to the Customer are not sold; they are allocated for use purposes only for the service period. Allocation ends when the service ends.

Unless immutability of IP addresses is additionally guaranteed in writing, WE1TOWN may change IP addresses in cases of network security, routing, data center change, competent authority decision, or technical necessity.

The Customer should avoid activities that cause IP addresses to be listed for spam, abuse, or blocklists. Reputation remediation or special intervention work arising from the Customer's use may be charged separately.

"Residential", "ISP", or similar network definitions express only the technical registration or routing nature of the relevant IP block; they do not guarantee access to any specific third-party service.

ARTICLE 14: Maintenance, outages and service levels

Planned maintenance is announced in advance where possible. Emergency security and infrastructure interventions may be carried out without prior notice.

Outages caused by internet backbone, power infrastructure, data center, domain name system, third-party licenses, upstream providers, Customer configuration, attacks, or force majeure may not always be within WE1TOWN's control.

A specific availability rate, response time, or service credit applies only if expressly stated in a separately published Service Level Agreement ("SLA"). Where no SLA exists, promotional performance statements do not create an uninterrupted service guarantee.

ARTICLE 15: Backups and data loss

Unless "backup service" is expressly stated in the order, WE1TOWN is not obliged to back up Customer data.

The Customer must keep at least one current backup of their data in an environment independent of WE1TOWN infrastructure. Even if WE1TOWN provides backup services, the Customer must regularly verify the integrity and restorability of backups.

Upon termination or cancellation of the service, the Customer must export their data before the service end date. Unless otherwise stated in writing, data may be retained for up to 15 days upon normal termination, or up to 7 days in case of non-payment or contract breach, and may then be deleted irreversibly.

Records that legislation requires to be retained are excluded from this provision.

ARTICLE 16: Suspension and intervention

WE1TOWN may partially or fully suspend the service in the following cases:

• failure to fulfill payment obligations on time,
• serious or repeated contract breach,
• security vulnerability, attack, or abuse risk,
• manifest infringement of third-party rights,
• decision of a competent judicial or administrative authority,
• valid notice of unlawful activity,
• failure to complete identity verification,
• imminent and serious danger to infrastructure or other customers.
• Except in emergencies, the Customer is given a reasonable period to remedy the violation. Measures taken are proportionate to the nature of the violation.
• Applicable legislation applies to blocking access, removal of unlawful content, or submission of records to competent authorities.

ARTICLE 17: Support services

Standard support is limited to infrastructure availability, hardware or virtualization layer, and the Panel provided by WE1TOWN.

The Customer's operating system, applications, database, website, code, licenses, security configuration, and third-party software are outside standard support unless a managed service is purchased.

Support times are indicative and do not create definitive resolution times unless additionally committed in an SLA.

ARTICLE 18: Pre-contract information and right of withdrawal for consumers

Before the order is completed, the Customer acting as a consumer is provided with information on the essential characteristics of the service, identifying information of the Service Provider, total price, additional costs, payment and performance conditions, complaint channels, and the right of withdrawal.

As a rule, the consumer has the right to withdraw within fourteen days of conclusion of the distance contract without giving any reason.

However, if the consumer expressly requests that performance of the service begin before the withdrawal period expires and additionally confirms that they are aware they will lose the right of withdrawal once the service begins, the statutory withdrawal exception may apply to services performed instantly in electronic form or intangible deliverables provided instantly to the consumer.

If performance begins without this confirmation or the consumer is not properly informed, WE1TOWN cannot eliminate the consumer's statutory rights by relying on refund limitations in this Agreement.

Withdrawal notice may be sent via [email protected], registered e-mail (KEP), or the Panel. The consumer may use the sample withdrawal form in legislation; use of the form is not mandatory.

The consumer's optional rights arising from defective service are reserved.

ARTICLE 19: Cancellation and refunds

The Customer may terminate a non-renewing service at the end of the current service period.

After activation of the service, subject to the consumer's statutory withdrawal and defective service rights: whether a refund is made for unused periods is determined according to order-specific refund conditions; setup, license, domain, IP allocation, custom hardware, and third-party supply costs that have actually been incurred and cannot be refunded may be deducted from the refund; for services purchased at promotional or periodic prices, refunds may be calculated considering the non-promotional price for the period used (this method must be explained before ordering); if the service cannot be provided at all due to WE1TOWN's fault, the relevant service fee collected is refunded.

Non-refund upon termination due to unlawful use, especially in consumer transactions, is assessed in light of the specific circumstances and mandatory legislation.

ARTICLE 20: Intellectual property rights

Rights in weserver.io, WeServer, WeHost, WE1, site design, software, logo, brand, text, and other elements belong to WE1TOWN or the relevant rights holder.

The Customer is granted only a limited, non-transferable, non-exclusive right to use the service in accordance with the Agreement.

The Customer accepts that they hold all necessary rights and licenses for content and software hosted on the service. Ownership of content remains with the Customer or the relevant rights holder.

ARTICLE 21: Personal data and traffic information

WE1TOWN processes personal data in accordance with Law No. 6698 on the Protection of Personal Data and related legislation. Processing purposes, legal bases, data transfers, retention periods, and data subject rights are explained in the Privacy Policy and Disclosure Text.

The Customer is obliged to comply with applicable legislation as data controller or data processor with respect to personal data processed on their own server.

Where WE1TOWN must process personal data on behalf of the Customer, a separate Data Processing Agreement is signed where necessary.

Traffic, access, and system logs may be retained for periods prescribed by legislation for security, service operation, dispute resolution, and fulfillment of legal obligations.

ARTICLE 22: Confidentiality

The parties shall keep confidential commercial, technical, and financial information learned in connection with the service relationship and not publicly available.

Legal obligations, requests of competent authorities, disclosures to professional advisers under confidentiality obligations, and information that becomes public without fault are excluded from this provision.

ARTICLE 23: Third-party services

Third-party data center, network operator, software, license, payment, or security services may be used within the scope of the service.

The Customer is obliged to comply with relevant license terms when using third-party software or licenses. Subject to WE1TOWN's own selection or management fault, liability arising from interruptions in independent third-party services is determined under general provisions.

ARTICLE 24: Liability

WE1TOWN provides the service with professional due care.

No limitation of liability applies with respect to intent or gross negligence of the parties, damage to personality rights, or liabilities that cannot be limited by legislation.

Except in consumer transactions and to the extent permitted by mandatory legislation, WE1TOWN cannot be held liable for indirect damage, loss of profit, revenue, opportunity, or reputation, data loss arising from the Customer's failure to back up, Customer software, configuration, or security errors, the Customer's failure to protect access credentials, or damage caused by third-party services outside WE1TOWN's reasonable control.

Except in consumer transactions, WE1TOWN's total liability arising from the relevant service is limited to the total amount paid by the Customer for the relevant service in the last three months before the event causing damage. This limitation does not apply where it cannot be limited by law.

ARTICLE 25: Customer indemnification

The Customer is obliged to compensate WE1TOWN for direct damage, administrative penalties, and reasonable legal costs incurred due to unlawful acts or acts contrary to this Agreement by the Customer or persons to whom they allow use of the service, in proportion to their fault.

This provision cannot be interpreted to impose WE1TOWN's own fault liability on the Customer.

ARTICLE 26: Force majeure

Natural disaster, war, terrorism, widespread epidemic, fire, strike, general internet or power outage, data center disaster, public authority decision, embargo, supply chain disruption, and similar events beyond the reasonable control of the parties are deemed force majeure.

The affected party shall notify the other party within a reasonable time and make necessary efforts to reduce the effects. If force majeure lasts more than 60 days, either party may terminate the Agreement with respect to the period not yet performed.

ARTICLE 27: Termination

Either party may terminate the Agreement if the other party fails to remedy a material breach within a reasonable period despite written notice.

• WE1TOWN may terminate immediately in the following cases: serious or manifestly unlawful use; attack, fraud, malware, or child abuse content; imminent and serious danger to infrastructure or third parties; use of false identity or payment information; decision of a competent authority.
• Termination does not eliminate payment and indemnification obligations accrued up to the termination date. Article 15 applies to data export and deletion.

ARTICLE 28: Notices

Ordinary notices relating to the service may be made via the Customer's registered e-mail address, Panel, SMS, or other registered communication channels.

Notices subject to special form by law are made by methods prescribed in the Turkish Commercial Code and related legislation.

The Customer is obliged to update changes in contact information without delay.

ARTICLE 29: Changes to the agreement

WE1TOWN may update the Agreement due to changes in legislation, security, technical infrastructure, or service model.

Significant changes adverse to the Customer are notified a reasonable time before they take effect. If a change materially adversely affects the current paid service period, the Customer may terminate the service without penalty before the effective date of the change.

Changes that must be made immediately under mandatory legislation may apply on their effective date.

ARTICLE 30: Assignment

The Customer may not assign the Agreement or service account to a third party without WE1TOWN's written consent.

WE1TOWN may assign the Agreement in the context of company merger, division, business transfer, or intra-group restructuring, provided the Customer's rights are not materially impaired and necessary notices are given.

ARTICLE 31: Governing law and disputes

The laws of the Republic of Turkey apply to this Agreement.

A Customer acting as a consumer may apply to the Consumer Arbitration Committee or Consumer Court at their place of residence or where the transaction was made, depending on the value of the dispute. The consumer's other statutory rights to apply to competent authorities are reserved.

For disputes not constituting consumer transactions, Edirne Courts and Enforcement Offices have jurisdiction.

Parties are advised to seek resolution via support channels before filing suit; this process does not suspend statutory limitation periods.

ARTICLE 32: Severability and waiver

If any provision of the Agreement is invalid, the validity of other provisions is not affected. The invalid provision shall be deemed replaced by the valid regulation closest to its purpose.

Failure to use or late use of a right does not mean waiver of that right.

ARTICLE 33: Evidence

Commercial books and records of the parties, electronic system records, server and access logs, e-mail correspondence, support records, and payment records may be used as evidence in disputes, provided they were obtained lawfully.

This provision does not eliminate the consumer's statutory rights of proof and cannot be interpreted as a conclusive evidence agreement.

ARTICLE 34: Entry into force

Before completing the order, the Customer accepts that they were able to read this Agreement, access an electronic copy of the contract, were informed of the essential characteristics of the service and total price, and, where applicable, made a separate choice regarding commencement of the service before expiry of the withdrawal period.

This Agreement enters into force on the date it is confirmed electronically by the Customer.

ANNEX 1: Withdrawal form

To: WE1TOWN PAZARLAMA VE BİLİŞİM TEKNOLOJİLERİ LİMİTED ŞİRKETİ

Address: İÇ KAPI, HALİSE HATUN MAH. ANABACI CAD. DR. ASUMAN PASAJI NO: 22, NO: 101, 22200 Uzunköprü/Edirne

E-mail: [email protected]

KEP: —

I hereby notify that I exercise my right of withdrawal from the contract relating to the service specified below using this form.

• Order number:
• Service name:
• Contract date:
• Consumer name and surname/title:
• Address:
• E-mail address:
• Phone:
• Date:
• Signature (if the form is sent physically):

ANNEX 2: Order screen confirmation text

These two confirmations must be obtained via separate checkboxes; the checkboxes must not be pre-checked.