1.1. This agreement (hereinafter referred to as the "Agreement") is executed by and between Gyro Hosting (ESA LİVA Bilgi Teknolojileri San. ve Tic. LTD. ŞTİ. - Tax ID: 3770721384, Köprübaşı Mah. Aralık Cad. No: 37 İç Kapı No:1/101, Postal Code: 54050, Serdivan, Sakarya, Turkey) (hereinafter referred to as "Gyro Hosting" or the "Company"), and the individual/entity wishing to utilize the “Kirala Senin Olsun (KSO)” dedicated server service (hereinafter referred to as the "Customer"), under the terms and conditions set forth below.
1.2. Gyro Hosting and the Customer are hereinafter collectively referred to as the "Parties" and individually as a "Party."
2.1. The subject of this Agreement is to regulate the rights and obligations of the Parties regarding the “Kirala Senin Olsun (KSO)” dedicated server rental service provided by Gyro Hosting to the Customer.
2.2. Under the KSO service, the Customer agrees to pay monthly rental fees for the dedicated server based on a predetermined duration and payment schedule (e.g., 6, 12, or 24 months). Upon completing all payments in full and on time, the Customer will gain ownership of the rented server hardware.
2.3. If there is an increase in the monthly hosting (colocation) fees for this service at any point during the term, Gyro Hosting may reflect these price adjustments in the Customer’s monthly payments. The Customer accepts and agrees to such changes.
3.1. KSO Service: A service by which the Customer acquires the right to use the physical (dedicated) server for a certain period, making scheduled payments, and becomes the owner of the server once all payments are fully completed.
3.2. Server: The physical device rented to the Customer by Gyro Hosting as part of the KSO service.
3.3. Term/Duration: The monthly payment period(s) mutually agreed upon by the Parties (e.g., 6, 12, or 24 months).
3.4. Hosting (Colocation) Fee: The monthly fee payable by the Customer to have the dedicated server hosted in the data center facilities utilized by Gyro Hosting.
4.1. This Agreement enters into force when the Customer submits a request to purchase the KSO Service to Gyro Hosting and such request is approved by Gyro Hosting.
4.2. At the end of the agreed term, if the Customer has made all scheduled payments in full and on time, ownership of the dedicated server hardware shall be transferred to the Customer.
4.3. The Customer is obliged to provide Gyro Hosting with a physically signed version of this Agreement within thirty (30) days at the latest.
5.1. The Customer agrees and undertakes to make monthly payments according to the fees and payment plans (e.g., 6, 12, or 24 months) determined by Gyro Hosting.
5.2. The Customer is responsible for paying all installments in full and on time. Should the Customer fail to pay or delay any installment, Gyro Hosting may unilaterally terminate the Agreement.
5.3. Gyro Hosting reserves the right to reflect any hosting (colocation) fee increase during the term of the Agreement in the Customer’s monthly payment plan. The Customer hereby accepts and agrees to these potential increases.
5.4. The Customer may not host or place the server in any data center/cabinet outside of Gyro Hosting’s facilities or the data center utilized by Gyro Hosting until all payments are fully completed.
6.1. The Customer shall acquire ownership of the dedicated server once all installment payments are completed in full and on time within the agreed term.
6.2. Upon acquiring ownership, the Customer may request the server be shipped via a cargo service or choose to collect it in person. All cargo/shipping costs and risks (damage, loss, etc.) are borne solely by the Customer.
6.3. The Customer accepts, declares, and undertakes that Gyro Hosting will not be held liable for any physical damages or similar risks that may occur during the cargo/shipping process.
7.1. No warranty is provided for server disks or other hardware components under the KSO Service. The Customer accepts that Gyro Hosting shall not be held responsible for any malfunctions that may occur in the server hardware.
7.2. The Customer is solely responsible for performing backups and ensuring password/security protection on any server provided under the KSO Service. Gyro Hosting shall bear no liability for potential data losses or security breaches.
7.3. If the Customer requests additional hardware for the server under the KSO Service, Gyro Hosting may integrate such hardware into the server upon the Customer’s request. The fees for additional hardware shall be determined separately and borne by the Customer.
8.1. The Customer shall not use the allocated server for any of the following content, activities, or applications. The following list is illustrative and not exhaustive; Gyro Hosting reserves the right to take necessary measures against any other content or applications that violate the law, moral standards, intellectual property rights, or this Agreement.
4.1. Toplists4.2. IRC Scripts/Bots4.3. Proxy Scripts/Anonymizers4.4. Pirated Software/Warez4.5. Image Hosting Scripts (e.g., Photobucket or Tinypic)4.6. AutoSurf/PTC/PTS/PPC sites4.7. IP Scanners4.8. Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts4.9. Mailer Pro, Banner-Ad Services (commercial banner ads)4.10. File Dump/Mirror Scripts (e.g., RapidShare, RapidLeech)4.11. Commercial Audio Streaming4.12. Sale of items without proper licenses/permits4.13. Adult, Erotic, Adult Story/Video or similar content of any kind4.14. Lottery/Gambling websites4.15. MUDs/RPGs/PBBGs4.16. Hacker-focused websites/archives/programs4.17. Websites promoting illegal activities4.18. Forums or websites distributing warez/pirated/illegal content4.19. Bank Bonds/Bank Note Trading Programs4.20. Fraudulent websites (including but not limited to aa419.org & escrow-fraud.com listings)4.21. Broadcasting or streaming live sporting events without authorization4.22. Virus-infected content and shell scripts4.23. Software that records Instagram, Twitter, Facebook, or any other social media account user credentials/passwords
8.2. If it is determined that the Customer is carrying out any of the above-listed activities, Gyro Hosting has the right to immediately suspend the service or terminate the Agreement without prior notice. The Customer acknowledges this right and accepts its consequences.
9.1. If the Customer fails to pay the installments during the term, breaches any condition of this Agreement, or fails to provide the physically signed contract within the specified period, Gyro Hosting reserves the right to unilaterally terminate the Agreement.
9.2. In the event Gyro Hosting terminates the Agreement, the Customer agrees and undertakes in advance not to claim any material or moral damages, compensation, refunds, or any other demands.
9.3. The Customer acknowledges and declares that, after purchasing the KSO Service, they shall not request any refund under any circumstances.
10.1. Throughout the term of utilizing the KSO Service, the Customer acknowledges, understands, and agrees to all Service Agreements, Backup Agreements, and any other related agreements published on Gyro Hosting’s website.
10.2. No refunds shall be provided for the service. If the Customer decides to discontinue the service or cancel the Agreement during the term, no refund or payment return shall be due. Any service canceled and abandoned cannot be reactivated.
10.3. The Customer bears sole responsibility for all backup processes. Gyro Hosting cannot be held responsible for any data loss or damages arising therefrom.
11.1. Any disputes arising from this Agreement shall be governed by the laws of the Republic of Turkey. The competent courts and enforcement offices at the location of Gyro Hosting shall have exclusive jurisdiction over such disputes.
12.1. This Agreement becomes valid upon the signatures of both the Customer and Gyro Hosting and remains in effect unless terminated in accordance with its terms. The Parties hereby declare and undertake not to act contrary to the provisions set forth herein.
13.1. The Customer declares that they have read and understood this Agreement and all its articles and accept them by signing physically or by electronic confirmation.
13.2. Any matters not specified herein shall be determined by the written mutual agreement of the Parties.
13.3. This Agreement consists of thirteen (13) articles in total and has been read and signed by the Parties on …/…/… .
Gyro Hosting(ESA LİVA Bilgi Teknolojileri San. ve Tic. LTD. ŞTİ.)Tax ID: 3770721384Address: Köprübaşı Mah. Aralık Cad. No: 37, İç Kapı No:1/101Postal Code: 54050, Serdivan, Sakarya, TurkeySignature / Stamp
CustomerName / Title: ………………………………Address: ……………………………………………Date: …/…/…Signature
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