1 - Parties
1.1: This agreement is deemed to be signed between Atak Domain Bilgi Teknolojileri AŞ (hereinafter referred to as ATAK DOMAIN), which provides the services specified in the services section (hereinafter referred to as Services), and the person/institution specified in the new customer registration section (hereinafter referred to as Customer), for the use of the website operating at http://www.atakdomain.com, which belongs to ATAK DOMAIN (hereinafter referred to as the Site), and for the services to be purchased through this site, under the terms and conditions outlined below.
1.2: The parties declare, accept and undertake the accuracy of the information written in this agreement.
2 - Subject
2.1: This agreement regulates the parts that the customer is authorized or unauthorized to perform based on the information provided during the transactions, orders, and messages sent through the site, and the fees to be paid to ATAK DOMAIN in return for the services to be received based on their preferences. These services and transaction descriptions are as follows.
2.2: Membership information refers to the information entered by the customer during the registration process. Since this information will be taken as a basis in transactions, it is assumed that the customer has entered it accurately and completely.
2.3: During registration, purchase, or similar processes, ATAK DOMAIN may require the sharing of communication details such as email or mobile phone to make notifications, send newsletters, or apply security protocols such as account verification, and may require verification of these details through codes. These verification steps may be mandatory to use the services.
2.4: ATAK DOMAIN may send notifications or newsletters related to the services using the contact details shared by the user during registration.
3 - Responsibilities
3.1: ATAK DOMAIN shall provide the services ordered by the customer. Upon acceptance of the order, ATAK DOMAIN acknowledges the receipt of the related payment and commits to providing the service specified in the order.
3.2: The payment method and VAT differences will be indicated with the total amount calculated during the order process, and the annual fees to be paid by the customer will be notified by ATAK DOMAIN.
3.3: The service will start after the order is accepted and transactions are confirmed. The responsibility for the related accounts and passwords lies with the customer, who is liable for any damages that may arise.
3.4: The customer undertakes to comply with the statements and warnings issued by ATAK DOMAIN regarding the service received. The customer declares, accepts, and undertakes to comply with all kinds of warnings or notifications published by ATAK DOMAIN. The customer may not distribute or sell any services provided for free or unlimited to third parties, either paid or unpaid, within the hosting service.
3.5: All live chat records, support tickets, emails, phone calls, and written or verbal communications between the customer and ATAK DOMAIN are confidential. These may not be shared without the permission and approval of ATAK DOMAIN.
3.6: The customer undertakes not to access files or programs without authorization using the software and programs owned within the service and to cover any damages that may arise due to such unauthorized access.
3.7: The customer accepts and undertakes that all taxes, fees, and similar obligations valid during the use of domains, hosting, or other services will be their responsibility.
3.8: The customer is responsible for all files, documents, and programs hosted within the service, all transactions used via the website and email services, and accepts responsibility for any legal or penal liability arising from unlawful data, information, and declarations. ATAK DOMAIN cannot be held liable for such matters. ATAK DOMAIN does not review, verify, endorse, or assume responsibility for any user-generated content. ATAK DOMAIN may terminate accounts for violating these principles or for being harmful to its operations. ATAK DOMAIN reserves the right to delete unlawful content without notifying the customer.
3.9: ATAK DOMAIN is not liable for any material or moral damages arising from customer content, misuse, or email transactions within the provided services. Customers are solely responsible for backing up and storing their data. ATAK DOMAIN shall not be liable for interruptions or data loss in its services.
3.10: ATAK DOMAIN will carry out the domain registration process for the domain names ordered and paid for by the customer. The owner of the registered domain name is the customer. ATAK DOMAIN will act on the customer’s instructions regarding the domain name. The customer must promptly request any changes, updates, or transfers.
3.11: ATAK DOMAIN’s liability for any service shall be limited to the monthly fee for that service. Compensation claims cannot exceed the monthly fee of the service.
3.12: ATAK DOMAIN will take the necessary care to keep backups of the customer's data within the scope of the purchased service but is not responsible for any data loss. The customer is responsible for regularly backing up their own data.
3.13: ATAK DOMAIN provides product- and service-specific terms of use on their respective web pages. Users are deemed to have accepted these terms upon purchase.
3.14: ATAK DOMAIN may change the content of products and services over time.
3.15: The customer is obliged to use the services received in a way that does not harm other users. ATAK DOMAIN may warn the customer to correct such uses or temporarily suspend the service without notice.
3.16: The customer accepts that resources described as unlimited are only so when used in good faith and in line with general usage principles. Excessive or improper use of server resources may result in warnings or temporary suspension of the service by ATAK DOMAIN without notice.
3.17: ATAK DOMAIN may, without providing any reason, terminate the service regardless of its nature. In such cases, the remaining balance of the service or product will be refunded to the user. If the customer refuses the refund or does not respond, the balance will be credited to their account.
3.18: ATAK DOMAIN reserves the right to suspend or cancel expired domains, hosting, or other services after their due date. It is not obligated to retain any data from unpaid or expired services.
3.19: In domain registration services, ATAK DOMAIN complies with the rules of ICANN and REGISTRAR companies acting as root providers. All responsibilities and processes follow the terms of these REGISTRARs. Domain registration processes are managed by software systems operating through ATAK DOMAIN and the Registrar companies. The customer is responsible for managing all issues in cases of malfunctions or access issues during these processes, including registration, updates, changes, and deletions.
3.20: Domain registration, renewal, or editing operations are performed via third-party software or manually. In case of any errors arising from such operations, if the user notices the error or receives a warning from the registrar company, the customer is obliged to share such notifications with ATAK DOMAIN. Otherwise, ATAK DOMAIN is not responsible for any disruptions, losses, or damages that may occur.
3.21: ATAK DOMAIN shares customer information with the Domain Operator or intermediary company during domain registration processes as required. In Domain Registration Services, the responsibility for changing and verifying whois information, domain registration password, and transfer lock lies with the customer. According to ICANN rules, domains may be suspended by ATAK DOMAIN or domain operators due to unverified whois information. Documents may be requested to verify whois information.
3.22: In domain operations such as registration, transfer, renewal, whois, NS update, status change, etc., ATAK DOMAIN applies the rules and contracts of the registrar it receives services from, along with the relevant ICANN regulations. These rules may change over time. The user is deemed to have accepted all possible changes to these contracts and rules.
3.23: In domain dispute resolution, ATAK DOMAIN acts in accordance with the rules of the registrar. For domain names like .com, .net, .org, the UDRP process may be applied as per ICANN rules. The user accepts that these clauses and procedures may be enforced on domain names managed by ATAK DOMAIN.
3.24: In resolving domain disputes, ATAK DOMAIN may direct the user to legal authorities or the domain name dispute resolution mechanism (UDRP). In necessary cases, it may restrict or disable access to the domain via the control panel, activate or deactivate whois protection, activate or deactivate the domain transfer lock, extend the domain's validity, or update the domain's NS information.
3.25: The Whois privacy service is preferred by users who want to protect their personal data or avoid spam lists. This service does not make the user unreachable by legal authorities, and ATAK DOMAIN does not allow this service to be used for illegal activities. Full privacy is not guaranteed in the Whois protection service. ATAK DOMAIN may disable or enable whois protection regardless of the user's request.
3.26: ATAK DOMAIN reserves the right to change the conditions and prices of domain registration services without notice. These changes take effect after the service renewal period of the annually paid domain. The updated price and terms are clearly stated during renewal. If the customer does not wish to renew or wishes to renew through another company, they may act in accordance with the rules set by the Registrar companies and ICANN.
3.27: ATAK DOMAIN suspends domains whose renewal processes are not completed on time. Expired domains may be redirected to a parking page. This suspension period varies depending on the domain producer. During this period, the main customer who purchased the domain may renew and reclaim it by paying the annual renewal fee. If the domain is not renewed within this period, it enters the REDEMPTION PERIOD. In this process, the right to the domain passes to our company and the registrar. ATAK DOMAIN or the registrar may sell the domain to another company. To reclaim a domain in redemption, the previous or a new customer may do so by paying the restore fee (approximately 85 USD) plus the renewal fee. If not reclaimed during this period, the process passes to the registrar’s discretion, and it is no longer possible to retrieve the domain via ATAK DOMAIN.
3.28: Domain services are not a product sold but a right to use as long as the fee is paid. If the fee is not paid within the expiry period, this right may pass to another person.
4 - Duration
4.1: This agreement shall commence upon the transmission of the order and payment transactions to ATAK DOMAIN via the internet, and the rights and obligations of the parties shall begin accordingly.
4.2: The term of the agreement shall be equal to the payment period selected by the customer during the order process for the relevant service.
5 - Fees
5.1: The fee to be paid for the services specified in this agreement shall be the amount stated at the time of the order. VAT will be added afterward, calculated, displayed to the customer, and collected accordingly.
5.2: ATAK DOMAIN reserves the right to make future changes to prices and tariffs without prior notice. The customer hereby declares, accepts, and undertakes to agree to such changes in advance.
5.3: The fee shall be converted to Turkish Lira based on the effective selling rate of the Central Bank of the Republic of Turkey on the date of the order.
5.4: The fee must be paid within 5 business days from the date of the confirmed order. If there is a credit card payment instruction, it will be charged from the credit card account. If not, the payment must be made to the bank account numbers specified in the customer's contact address or delivered in person to ATAK DOMAIN.
5.5: In the event of delayed payment, ATAK DOMAIN reserves the right to issue an interest invoice for the delay.
5.6: ATAK DOMAIN reserves the right to suspend or activate the service until the customer completes the payment process.
5.7: The customer is obliged to notify ATAK DOMAIN of the payments for the services received, regardless of the payment method. The order number, the name of the product or service paid for, and the payment method must be clearly stated in the notification.
5.8: 3D Secure and Payment Responsibility
All credit card transactions are carried out with 3D Secure verification. The user and/or payment provider are responsible for the identity of the person performing the transaction as a result of this verification. ATAK DOMAIN assumes no responsibility for transactions made via 3D Secure.
6 - Suspension
6.1: In the event of payment issues, authorization problems with customers who have given credit card payment instructions, or matters related to the provisions and obligations, ATAK DOMAIN reserves the right to suspend all services provided to the customer, including email, web, and FTP accounts.
6.2: During this suspension period, email, web, and FTP access on behalf of the customer will be unavailable, and email accounts will be blocked, causing incoming emails to be rejected.
7 - Termination
7.1: If the customer violates any clause of this agreement or fails to fulfill their responsibilities and commitments, or if it is determined that the information declared on the front page of this agreement is incorrect, and the suspension state mentioned above continues for more than 7 days, ATAK DOMAIN reserves the right to unilaterally terminate the agreement without any notice or warning.
7.2: Following such termination, the customer declares, accepts, and undertakes that they may not request a refund of the last paid contract fee, regardless of the remaining period, and agrees to pay a commercial penal compensation equal to five times the current contract value at the date of termination.
7.3: If the customer terminates the agreement before its expiration date, they declare, accept, and undertake to pay half of the remaining fees until the end of the agreement in one lump sum and in advance.
8 - Communication and Contact Information
8.1: The parties declare, accept, and undertake that the addresses specified in the order shall be considered as legal notification addresses for all communications arising from this agreement.
8.2: Any notification made to these addresses shall be considered delivered even if it does not reach the parties. Unless address changes are notified to the other party in writing, the previous addresses shall remain valid.
8.3: During the term of the agreement, ATAK DOMAIN may send messages, information, notices, warnings, payment notifications, account activity summaries, and account statements to the email address assigned to the customer. The customer declares, accepts, and undertakes that they may not claim these emails were not received and that such messages shall be deemed legally delivered.
8.4: Identity Verification and Liability Statement
The user is responsible for the accuracy of the identity, contact, and payment information declared during domain registration. ATAK DOMAIN is not obliged to verify the accuracy of the information submitted by the user. The user bears all legal and penal responsibility for any errors or omissions in the information provided.
8.5: Judicial Decision and Cooperation with Law Enforcement
ATAK DOMAIN may share user information upon request from a court order or official authorities such as the Public Prosecutor’s Office, Police, or Gendarmerie. In this context, the user may not object to such information sharing.
Atak Domain may share user information upon request by official authorities such as a court decision, the Office of the Public Prosecutor, the Police, or the Gendarmerie. In this context, the user may not object to the sharing of such information.
9 - Default in Payment
9.1: If the customer does not make payment within 7 days following the application date for the services received, they shall be deemed in default. In this case, ATAK DOMAIN may issue a currency difference invoice and, if it wishes, demand a monthly delay interest of 7% from the invoice date. The customer declares and accepts to pay such delay interest and currency difference invoice.
9.2: In case ATAK DOMAIN files a lawsuit or initiates enforcement proceedings for any receivable arising from this agreement, the customer declares, accepts, and undertakes to pay a monthly delay interest of 7%, a penalty amounting to 50% of the outstanding debt, 10% attorney's fee, and all other legal expenses.
9.3: The customer declares, accepts, and undertakes that if ATAK DOMAIN applies to legal authorities for provisional attachment or precautionary measures for the collection of receivables arising from this agreement, ATAK DOMAIN shall be entitled to obtain a decision for such measures without providing any collateral. However, if the court requires a guarantee, the customer shall pay all commissions and fees arising from guarantee letters to be obtained from banks and shall not raise any objection to these matters.
10 - Competent Court and Enforcement Offices
10.1: This agreement consists of 10 articles and their sub-clauses and is deemed to be read, understood, and mutually agreed upon by the parties. (Agreement is deemed concluded upon submission of the order to ATAK DOMAIN via the internet.) ATAK DOMAIN may, if deemed necessary, add new clauses and/or sub-clauses, remove them, or make changes to the existing clauses. The customer declares and undertakes in advance to accept such changes.
10.2: Kocaeli Courts and Enforcement Offices shall have jurisdiction for the resolution of any disputes arising during the implementation of this agreement.
For all our packages, the terms of the agreement specific to the ordered products shall apply together with the User Agreement.