Proxy-Vereinbarung

ATAKDOMAIN.COM PROXY AGREEMENT

Please read this Domain Name Proxy Agreement ("Agreement") carefully. By using the Services and/or website of Atak Domain Bilgi Teknolojileri A.Ş. ("Atak Domain"), a Delaware Limited Company (as defined below), you agree to all terms and conditions set forth herein and in the Atak Domain privacy policy. These terms and conditions referenced here access by clicking. You agree that Atak Domain may make changes to this Agreement at any time by posting the amended terms on its website, and any new, different or additional features that cause changes in the services provided by Atak Domain will automatically be covered by this Agreement. If you do not agree that this is binding on you, or if you object to the terms and conditions of this Agreement and any changes therein, do not use or access the Atak Domain services. Your continued use of the Atak Domain services and website after such a change to the Agreement means that you accept these changes.

This Agreement is agreed between Atak Domain and you, your heirs, agents, agents and contractors ("You") and becomes effective after electronic entry into force. This Agreement sets out the terms and conditions of your relationship with Atak Domain, your use of Atak Domain services, and constitutes the entire Agreement between You and Atak Domain. By using the Atak Domain Services, you agree that you have read and understood all the terms and conditions of this Agreement and are binding on you, and you agree that the terms of this Agreement will be binding on transactions by:

i. On your own behalf;
ii. Anyone who treats you like your vehicle and
iii. Anyone using the account you have set up with Atak Domain, regardless of whether transactions are made on Your behalf and/or with your consent.
You agree that statements made by third parties acting on your behalf and using or purchasing Atak Domain services are binding on you. You further agree that general statements on the Atak Domain website or in Atak Domain promotional materials will not be binding on Atak Domain. You agree to comply with the terms and conditions published by the Internet Corporation for Assigned Names and Numbers ("ICANN") (including the Uniform Dispute Resolution System ("Dispute Resolution System") and the Domain Name Registrar—that is, the ICANN-approved person or entity with which you have registered the domain name) you will.

EXPLANATION ON Atak Domain'S SPECIAL REGISTRATION SERVICES

When you subscribe to Atak Domain's private registration through Atak Domain's partner Domain Name Registrar, Atak Domain displays its own contact information instead of Your information in the public “Whois” directory. Atak Domain will keep your Name, postal address, e-mail address, telephone and fax numbers confidential, subject to Section 4 of this Agreement. The following information (and not your personal information) will be publicly available in the "Whois" directory as determined by ICANN policy:

I. Atak Domain's name as the proxy Domain Owner of the domain name and proxy email address, phone number and postal address for the proxy Domain Owner's contact information;
ii. Proxy mail address and phone number of the domain name registration information technical contact;
iii. The proxy email address, postal address, and phone number of the domain registration's administrative contact;
iv. Proxy email address, postal address and phone number of the contact person of the domain registration invoice;
v. The primary and secondary name servers that you specify for the domain name;
vi. The original registration date and expiration date of the domain name, and
vii. The Domain Name Registrar ID.

2. TAKING FULL USE OF YOUR DOMAIN REGISTRATION

Although Atak Domain will display as the Registrar each domain name registration information you specify in the "Whois" directory, you will still benefit from the domain name registration information associated with each domain registration information in accordance with Section 4 below:

I. The right to sell, transfer or assign any domain name registration information as this will entail the cancellation of the Atak Domain service associated with each domain name registration information;
ii. The right to control the use of each domain name registration, including specifying primary and secondary name servers for each domain name;
iii. The right to cancel the registration information of each domain name;
iv. The right to cancel Atak Domain services associated with each domain name registration and/or your Atak Domain confidential services, as your contract information is listed in the "Whois" directory; and
v. The right to renew each domain name registration information upon expiration is subject to the applicable rules and policies of the Registrar.

3. PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATIONS AND WARRANTIES; ACCOUNT SECURITY Your Personal Information and Notification Obligations

For each domain you use Atak Domain's services, you agree to provide accurate and up-to-date information on:

i. Your name, email address, postal address, telephone and fax numbers for the Registrant contact of the domain name registration;
ii. The e-mail address, postal address, telephone and fax numbers of the technical contact of the domain name registration;
iii. Email address, postal address, telephone and fax numbers of the administrative contact of the domain name registration;
iv. Email address, postal address, telephone and fax numbers of the billing contact for the domain name registration; and
v. You agree to provide government-issued photo ID and/or government-issued corporate ID for authentication when requested.

You agree to:

i. Notify Atak Domain within three (3) calendar days of any change in any personal information you provide while subscribing to Atak Domain's services;
ii. Respond to any inquiry made by Atak Domain within three (3) calendar days to determine the validity of the personal information you have provided; and
iii. Respond in a timely manner to Atak Domain's email messages to You or to correspondence involving You and/or your domain name registration, as further described in Section 5(c) below.
iv. Allow Atak Domain to act as your Designated Agent (term explained below) and facilitate the modification of registrant claims (as described below) when Atak Domain services are added to or canceled by your domain name.
v. As required by ICANN or with respect to certain ccTLDs, our use of Atak Domain Bilgi Teknolojileri A.Ş. (e.g. Private or Proxy data) for domains under those TLDs is restricted or prohibited. These ccTLDs are as follows: .ag, .am, .at, .be, .ca, .cl, .cn, .de, .dk, .es, .fi, .fm, .fr, .gg, . gr, .gs, .in, .it, .jp, .kr, .ms, .my, .no, .nu, .ph, .pl, .pt, .ru, .sc, .se, .sg, .tc, .tk, .tw, .us, .vg, .co.nz, .net.nz, .org.nz, .com.tw, .org.tw, .idv.tw, .com.cn, .net.cn, .org.cn, .jobs, .eu, .com.ag, .net.ag, .org.ag, .com.pl, .net.pl, .org.pl, .biz.pl , .info.pl, .com.sc, .net.sc, .org.sc, .com.au, .net.au, .com.br, .co.jp, .com.sg, .com.ph , .co.za, .co.in, .com.pt, .org.au, .net.in, .org.in, .firm.in, .gen.in, .ind.in, .com.my , .gov.co, .com.es, .com.ve, .org.ve, .com.gr, .net.my, .nom.es, .org.es, .net.br, .org.co , . co.kr, .org.my, .com.ru, .net.ru, .org.ru, .co.ve, .info.ve, .net.ve, .web.ve, .ne.kr, . net.ph, .org.ph, .nyc, .vote, .law, .blackfriday, .hiv, .tattoo, .voto, .pics, .sydney, .flowers, .lol, .amsterdam, .hiphop, .juegos , .link, .guitars, .gift, .click, .nrw, .property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, . re.kr. Your information may be made public by the registrar by Whois or its successor protocol (collectively referred to as the "Whois" Directory). This situation is outside of Atak Domain's control and is not subject to it. property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr. Your information may be made public by the registrar by Whois or its successor protocol (collectively referred to as the "Whois" Directory). This situation is outside of Atak Domain's control and is not subject to it. property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr. Your information may be made public by the registrar by Whois or its successor protocol (collectively referred to as the "Whois" Directory). This situation is outside of Atak Domain's control and is not subject to it.

It is your responsibility to ensure that your personal information is always up to date and accurate.

Renewals

You agree that Atak Domain will set your Domain Name Registrar to charge your credit card the then-current fee.

If, for any reason, Atak Domain and/or the Domain Name Registrar cannot withdraw the full amount of the service provided from your credit card, or if Atak Domain and/or the Domain Name Registrar re-charges the previously charged fee from your credit card, the Atak Domain and/or Domain Name Registrar's You agree that , without notice to you, it will use all available legal remedies to obtain payment, including but not limited to the immediate cancellation of all services provided by Atak Domain.

Representations and Warranties.

You warrant that all information you provide to Atak Domain is reliable, complete, current and correct. You also warrant that you are using Atak Domain's proprietary registration services in good faith and that you have no knowledge of whether your Domain name infringes a third party's legal rights or a third party's trademark or trade name. Also, the domain name registered on your behalf by Atak Domain; You warrant that you will not use it to engage in illegal activities, send Spam with this Domain Name, or add viruses, worms, bugs, Trojan horses, or other code, files, or programs to this Domain Name that would interrupt, limit, or damage the functionality of software or hardware.

Account Security

You agree that you are fully responsible for maintaining the confidentiality of your customer number/login ID and password ("Account Access Information"). You agree to immediately notify Atak Domain of any unauthorized use of your account or any breach of security. You agree that Atak Domain will not be liable for any loss resulting from the use of your Account Access Information by someone else with or without your knowledge. You agree that you may be responsible if Atak Domain or any other party suffers a loss if your Account Access Information is used by someone else. For security purposes, you should keep your Account Access Information in a safe place and take measures to prevent others from accessing your Account Access Information. You agree that you are solely responsible for all activities related to your account, whether by you or others. Atak Domain specifically disclaims responsibility for any activity in your Account, whether or not the activity is authorized by you.

Assigned Agent and Change of Registrant Information

"Assigned Agent" MEANS THE PERSON OR ENTITY EXPRESSLY AUTHORIZED BY THE PREVIOUS DOMAIN OWNER OR THE NEW RESIDENTIAL OWNER TO CONFIRM THE REPLACEMENT OF THE RESIDENTIAL OWNER. FOR Atak Domain SERVICES, A REQUEST FOR CHANGE OF DOMAIN NAME MAY ALSO COME DUE TO CASES WHERE Atak Domain SERVICES ARE ADDED OR REMOVED FROM A DOMAIN. TO FACILITATE A REQUEST FOR SUCH CHANGE AND TO MAKE COMPLIANCE WITH ICANN 'S DOMAIN CHANGE POLICY , YOUR APPROACH DOES NOT APPROVE YOU TO MAKE CHANGES TO THE DOMAIN OWNER CONTACT INFORMATION ON YOUR BEHALF.

4. Atak Domain's RIGHTS TO REJECT, SUSPEND, TERMINATE YOUR SERVICES AND DISCLOSURE YOUR PERSONAL INFORMATION

You understand and agree that Atak Domain, in its sole discretion, without liability of any kind to You, has full right and authority to:

i. To cancel the privacy service (your information will appear in the “Whois” directory) and/or disclose your Name and personal information that you have provided to Atak Domain
. When required by law, such action is believed to be necessary to comply with the regulations of the law or in the interest of public safety;

ii.
To comply with legal process (as determined by Atak Domain in its sole and absolute discretion) submitted to Atak Domain or in response to a reasonable threat of action against Atak Domain; or
. To comply with ICANN rules, policies or procedures.

iii. To resolve any potential or actual third-party claims arising from your use of the domain name that Atak Domain has listed in the "Whois" directory as the registrant on your behalf; or
iv. Take any other action that Atak Domain deems necessary:
. If you violate any provision of this Agreement or the Atak Domain Anti-Spam Policy;

A. To maintain the integrity and stability of the Registrar and/or Registrar of the relevant domain name and to comply with registration requirements, terms, conditions and policies;
B. To comply with applicable laws, government rules or requirements, subpoenas, court orders, or law enforcement requests;
C. To comply with ICANN's Dispute Resolution Policy or ICANN's Change of Registrant Policy;
D. To avoid any financial loss or legal liability (legal or criminal) with respect to Atak Domain, its parent companies, affiliates, partners, shareholders, agents, officers, directors and employees;
E. The domain name that Atak Domain has registered on your behalf infringes a third party's trademark, trade name or other legal rights; and
F. If Atak Domain becomes aware of your use of Atak Domain's services in the following ways (as determined by Atak Domain in its sole and absolute discretion):
▪ that is illegal or encourages illegal activities;
▪ Promotes or promotes any activity related to the dissemination of child abuse or child sexual abuse material (CSAM);
▪ Promotes, promotes or involves terrorism, violence against people, animals or property;
▪ Promotes or engages in Spam or unauthorized mass e-mail or computer or network hacking or attack;
▪ Violates the Ryan Haight Online Pharmacy Consumer Protection Act 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription drugs without a valid prescription;
▪ Violates the intellectual property rights of another User or any other person or entity;
▪ Violates the right of privacy or publicity of another User or another person or entity, or violates your confidentiality obligation to another User or another person or entity;
▪ involved in the operation of Atak Domain services;
▪ Contains or installs viruses, worms, bugs, Trojan horses or similar code, files or programs designed to disrupt, damage or limit the functionality of any software or hardware; or
▪ Contains false or misleading statements or unsubstantiated or comparative claims about Atak Domain or its services.

You understand and agree that in legal or administrative proceedings arising from your domain name registration or use of Atak Domain services, your private registration service may be revoked if Atak Domain is named the defendant or investigated party, i.e. your domain name registration information will be displayed and your identity as the Registrant will be disclosed in the Whois directory.

In the following cases:
i. Atak Domain takes one of the actions outlined in subsections i, ii, and iii or section 5 above, and/or
ii. You can choose to cancel the Atak Domain service for any reason.

Atak Domain or your Domain Name Registrar will not refund any fees you have paid.

5. COMMUNICATIONS

a. Forwarding Correspondence

Because Atak Domain's name, mailing address, and phone number are listed in the Whois directory, Atak Domain will review communications received by email, registered mail, or trackable courier mail (such as UPS, FedEx, or DHL), or U.S. firstclass postal mail, forwarded to your Domain. and you agree to forward it. You expressly agree that Atak Domain will not forward mail to you using first-class mail (other than statutory notices), "junk" mail, or other unsolicited communications, and you authorize Atak Domain to remove such communications and return them unopened to the recipient. You agree to waive all claims arising from your failure to receive communications directed to your Domain name by Atak Domain but not forwarded to you.

b. Forwarding Emails

The [email protected] e-mail address is used for each purchased domain record in the Whois directory.

I. forward all messages;
ii. Spam filter all messages and then forward or
iii. Not delivering any messages.

As with all communications, you agree to waive any claims arising from your failure to receive e-mails forwarded to your Domain (not Atak Domain forwarded e-mails) if it is due to you.

c. Correspondence Notices and Your Obligation to Respond

When Atak Domain receives registered or trackable courier mail or legal notices regarding your Domain name, it will usually attempt to forward the mail to you via e-mail. If you do not respond to the email and/or mail sent by Atak Domain stating that your domain name registration is involved in some kind of conflict or that its immediate assignment is required, Atak Domain may promptly disclose your ID and/or cancel the Atak Domain private registration service regarding such domain name registration(s). This means that the Whois directory will start displaying the name, mailing address, email address and phone number you provide to Atak Domain.

D. Additional Administration Fees

Atak Domain; (i) duties that Atak Domain may perform outside the normal scope of the Service, (ii) additional time and/or expenses required in providing the Services, and/or (iii) reasonable “administration fees” or “processing fees” from you for your failure to comply with the Agreement. Typical management or transaction fee scenarios include, but are not limited to: (i) customer service situations that require additional personal time and attention, (ii) disputes that require accounting or legal services, whether carried out externally by Atak Domain employees or by Atak Domain, ( iii) Payment of all costs and fees resulting from Service charges, chargebacks or other payment disputes by Atak Domain to You, your Bank or the Payment Method processor.

You agree to waive your right to a jury trial in any action relating to or arising out of this Agreement.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL Atak Domain, WHICH CAUSE THIS AGREEMENT, DOMAIN NAME REGISTRATION INFORMATION, USE OR UNABILITY OF THE Atak Domain WEBSITE OR MATERIALS AND A WEB SITE CONTENT OR MATERIALS OF THE WEB SITE CONTENT AND A WEBSITE INFORMATION ON THE WEB SITE. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO THE PROVISION OF THE THIRD PARTY. WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, Atak Domain IS WARNED THAT THESE DAMAGES MAY CAUSE, AND THESE CONSEQUENCES ARE REASONABLE.

YOU UNDERSTAND AND AGREE THAT Atak Domain DISCLAIMERS OR LIABILITY ARISING FROM THE FOLLOWING REASONS:

I. UNINTENDED DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
ii. DELAYS OR INTERRUPTIONS OF ACCESS TO OUR WEBSITES OR OUR AFFILIATED DOMAIN REGISTER'S WEBSITES;
iii. NO COMMUNICATION OR ERRORSITY OF DATA BETWEEN YOU AND Atak Domain;
iv. FAILURE TO RENEW A PRIVATE DOMAIN NAME REGISTRATION INFORMATION FOR ANY REASON;
v. UNAUTHORIZED USE OF YOUR Atak Domain ACCOUNT OR ANY Atak Domain SERVICES;
vi. ERRORS, OMISSIONS OR WRONG PRESENTATIONS CAUSED BY Atak Domain;
vii. DELETING, FAILURE TO RECORD, PROCESSING, OR ACTIONS ON E-MAIL MESSAGES DELIVERED TO YOU OR YOUR PRIVATE DOMAIN REGISTRATION;
viii. PROCESSING UPDATED INFORMATION ABOUT YOUR Atak Domain ACCOUNT AND/OR
ix. ACTIONS OR OMISSIONS ARISING FROM YOU OR YOUR AGENTS (WITHOUT OR WITHOUT YOUR PERMISSION).

7. Atak Domain WARRANTY DISCLAIMER

**Atak Domain, ITS PARENT COMPANIES, SUBSIDIARIES, SUBSIDIARIES, STAKEHOLDERS, AGENTS, MANAGERS, MANAGERS AND EMPLOYEES; With this agreement, including implicit guarantees regarding trade convenience, compliance with a specific purpose and the lack of violations, but not limited to these agreements, all open or implicit statements related to the Atak Domain website or any other website connected to the Atak Domain website AND EXPRESSLY DISCLAIMS ANY WARRANTIES. ALL Atak Domain SERVICES AND Atak Domain WEBSITES ARE PROVIDED "AS IS". YOUR SUBSCRIPTION AND USE OF THE Atak Domain SERVICES AND WEBSITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. THEREFORE, THE ABOVE DISCLAIM DOES NOT APPLY TO YOU. **

8. COPYRIGHT AND TRADEMARK

This Agreement, the Privacy Policy , and all content and materials on the Atak Domain website found here are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States and other applicable proprietary rights and laws, and that Atak Domain You understand and agree that your rights regarding the contents and materials are expressly reserved.

You understand and agree that you are prohibited from using the above-mentioned content and materials, for whatever reason, without the express and written consent of Atak Domain. No license or right is granted to you or authorized by this Agreement or otherwise under any copyright, patent, trademark, service mark, or other proprietary right or license

9. MISCELLANEOUS PROVISIONS

a. Divisibility; Structure; Entire
Agreement If any part of this Agreement is wholly or partially unlawful, unenforceable or void, these provisions; shall be amended to the limited extent necessary to ensure that the provisions of this Agreement are legal, remain in force and remain valid, and the remaining provisions of this Agreement will not be affected or damaged. The headings herein shall not be considered part of this Agreement. You agree to this Agreement along with the policies incorporated by reference, and this Agreement constitutes the sole and complete agreement between You and Atak Domain with respect to the services provided herein.

b. Applicable Laws; Venue; Waiver of Jury Hearing
This Agreement will be governed by the laws of Republic of Turkey and court orders in all matters, except where it conflicts with conflict of laws rules. Except as provided above, all actions relating to or arising out of this Agreement will be heard exclusively in the courts of Kocaeli. You agree to submit court decisions regarding domain name registration disputes only to the TR. District Court for the District of Kocaeli. You agree to waive your right to a jury trial in any action relating to or arising out of this Agreement, regardless of venue.

c. Notifications
All notices from Atak Domain to You will be sent to the email address you provide to Atak Domain. Notices by e-mail will be effective twenty-four (24) hours after they are sent by e-mail by Atak Domain. This is due to Atak Domain not receiving notification that the email address is invalid; in this case, Atak Domain may notify You by first class or registered mail with return receipt requested. All notices you send to Atak Domain will be sent by registered mail with return receipt or by trackable courier to the following address:

İstasyon Mahallesi Efe Sadık Caddesi No: 4 İç Kapı No: 2 Kartepe – Kocaeli -Türkiye

Notices sent by registered mail or trackable courier will be valid for five (5) days from the date of posting. Although the probability of losing your domain name registration to a third party due to the willful malicious act of Atak Domain is very low, in the event of such loss, your Domain Name Registrar ("Indemnifying Party") will be responsible for all claims arising from the loss of your Domain name registration, will indemnify and prevent you from harming any loss, damage or expense (including reasonable attorneys' fees) resulting from litigation, transactions, legal actions or claims. Such indemnification obligations pursuant to this Section 10(e) are subject to the following terms:

i. promptly notify Atak Domain and the Indemnifying Party of the claim, claim and action in writing and provide reasonable assistance to the Indemnifying Party in this matter, at its own expense and expense; and
ii. The Indemnifying Party has the right, at its sole discretion, to defend and steer against any conciliation of such claim, claim or action.

All notices of indemnity will be sent in accordance with Section 10(c) of this Agreement regarding Atak Domain. With respect to your Registrar, notices regarding compensation must be sent in accordance with the notification provisions of your Registrar's Domain Name Registry Agreement.

d. Term of Contract; Continuity
The terms of this Agreement will continue to apply as long as Atak Domain remains the Registrant of any domain name on your behalf. Sections 5 (Forwarding Communications), 6 (Limitation of Liability), 7 (Indemnification), 8 (Warranty Disclaimer), and 10 (Miscellaneous Terms) will survive termination or expiration of this Agreement.