Parties and Definitions -

1.1 - This agreement is made between Ümit Ertosun, operating under the raincloud brand (hereinafter "raincloud") and the individual or institution (hereinafter referred to as "Customer") registering through the raincloud.com.tr website (hereinafter referred to as "Site").

1.2 - The Customer declares that they accept this agreement by using the services offered on the Site.

The agreement regulates the rights and obligations regarding the use of services and constitutes a legal binding between the parties.

Subject -

2.1 This agreement is based on the transactions completed by the Customer on the Site (raincloud.com.tr), the orders placed and the information provided during the message submission process; it regulates what the Customer can or cannot do, the services to be received according to preferences in their orders and the fees to be paid to RainCloud for these services. The services and transaction definitions are detailed below.

2.2 Membership information is the data declared by the Customer during the membership transactions. Since all transactions will be carried out based on this information, it is accepted that the Customer has provided this information completely, accurately and currently. Any damages and legal liabilities arising from the provision of incorrect or incomplete information belong to the Customer.

2.3 RainCloud may request the sharing of contact information such as email address and mobile phone number for account verification, notification, or newsletter sending purposes during registration, purchasing or other transactions; the accuracy of the contact information provided by the Customer will be confirmed using verification codes or similar methods to enable access to services.

2.4 RainCloud may inform the Customer about services using the contact information provided during registration or may send newsletters. If the Customer does not wish to receive such notifications, they can make a written request via the relevant settings on the Site or through the support unit.

Liabilities -

3.1: RainCloud commits to provide the services ordered by the Customer completely. Together with the order confirmation message, RainCloud accepts that it has collected the relevant payment and guarantees to provide the service specified in the order.

3.2: Payment methods and VAT differences will be calculated based on the total amount indicated during the order. The Customer agrees to pay the fees communicated by RainCloud in full, depending on monthly or annual payment preferences.

3.3: Services will be activated once the order is approved. The Customer is entirely responsible for the security of account information and passwords. The Customer is liable for any damages and losses arising from the negligence of these credentials.

3.4: The Customer commits to comply with all declarations and warnings made by RainCloud regarding the service provided. The Customer may not transfer or sell the services provided free of charge to third parties, either for a fee or for free.

3.5: The Customer commits not to access any system or file without authorization through the software and tools they use. They accept that they will compensate all possible damages arising in the event of such a violation.

3.6: The Customer is responsible for meeting all legal obligations such as taxes, fees and similar liabilities in force concerning the domain name, hosting or other services received.

3.7: The Customer is solely responsible for all content, documents, and programs hosted under the service received. Any legal and criminal liabilities arising from unlawful content belong to the Customer. RainCloud is not obligated to examine or verify such content. If unlawful content is detected, RainCloud may delete the content or terminate the service without notifying the Customer.

3.8: RainCloud cannot be held responsible for the content of the customer data, abuse or damages arising from sent/received emails. The Customer is obliged to ensure that all data is backed up and protected. RainCloud does not accept responsibility for any material or moral damages arising from data loss or service interruptions.

3.9: RainCloud guarantees to complete the domain registration transactions ordered by the customer and for which payment has been made. The owner of the registered domain name is the Customer, who has the rights to make changes, modifications and transfers on this domain name.

3.10: RainCloud's responsibility concerning services is limited to the monthly fee of the service received. In case of possible issues or service interruptions, compensation claims cannot exceed the monthly fee of the service.

3.11: RainCloud makes an effort to regularly back up customer data but cannot be held responsible for any disruptions that may occur during the backup processes. The Customer is obliged to regularly back up their data.

3.12: RainCloud specifies the special usage conditions of the products and services it offers on the relevant webpage. The Customer is deemed to have accepted these conditions upon purchasing the service.

3.13: RainCloud reserves the right to make changes to the products and services it offers.

3.14: The Customer is obliged to use the services they have received in a way that does not harm other users. When harmful usage is detected, RainCloud may warn the customer or temporarily suspend the service.

3.15: Services specified as unlimited must be used within the framework of good faith and general usage conditions. In case of excessive or abusive use, RainCloud may notify the customer to make corrections or suspend the service.

3.16: RainCloud reserves the right to terminate the service without any reason. In this case, the remaining balance of the customer’s service will be refunded. If the Customer does not respond to the refund request, the amount of the balance equivalent to the value of the product will be credited to their account.

3.17: Expired domain names, hosting or other services may be suspended or cancelled when the usage period ends. RainCloud is not obligated to store data concerning expired services.

3.18: RainCloud operates in accordance with ICANN and Registrar operator requirements in domain registration services. The customer is responsible for technical issues arising from domain transactions.

3.19: The Customer is obliged to inform RainCloud of any errors detected in the domain registration, renewal or modification processes. If not reported, RainCloud shall not be liable for any resulting damages and losses.

3.20: In domain registration transactions, customer information may be shared as required by ICANN and the relevant operator rules. The customer is responsible for the accuracy of Whois information and the domain name may be suspended due to incomplete or incorrect information.

3.21: RainCloud complies with ICANN rules and Registrar operator contracts in domain transactions. When the rules change, the customer is deemed to have accepted these changes.

3.22: In domain disputes, the ICANN and Registrar rules will be followed. The UDRP process may be applicable and the customer is considered to have accepted this process.

3.23: RainCloud reserves the right to change the terms and prices in domain registration services. Changes will be explicitly communicated to the customer during renewal.

3.24: Expired domain names may be suspended, and if not renewed, may fall into a REDEMPTION PERIOD. In this process, an additional fee may be required to reclaim the domain name.

3.25: A domain name is not a purchased product but a service that provides the right to use it for a specific period. When the period expires, this right may be transferred to another user.

3.27: RainCloud does not provide download & upload server service. In such cases, the service is cancelled, the internet fee is charged to the customer, and no refund is made.

Duration -

4.1: This agreement becomes effective when the Customer places an order and the payment is received by RainCloud.

4.2: The duration of the agreement is limited by the payment period chosen by the Customer during the service acquisition.

4.3: Unless one of the parties provides written notification at least 7 business days before the contract period ends, the agreement will automatically renew under the same conditions. However, fees may be updated during the renewal process.

Pricing -

5.1: The fee for the services provided under this agreement is the amount communicated to the Customer during the order phase. The total amount including VAT is calculated and collected from the Customer.

5.2: RainCloud reserves the right to change prices and rates in the future. The customer is deemed to have accepted the updated prices without prior notification regarding these changes.

5.3: The fee determined during the order is to be paid in Turkish Lira based on the effective sales rate of Garanti Bank or the Central Bank.

5.4: From the date the order is finalized, the customer is obliged to complete the payment within a maximum of 2 business days. If a credit card payment order has been given, payment will be deducted from the card; otherwise, the payment will be made via wire transfer to the specified bank accounts or cash payment to RainCloud.

5.5: In case of payment delay, RainCloud reserves the right to apply delay interest and invoice this amount to the customer.

5.6: RainCloud has the authority to suspend the service, restrict access, reopen or terminate the service until the customer completes the payment.

5.7: The customer is obliged to notify RainCloud of the payment after completing the payment process. The notification must clearly specify the order number, the name of the service paid and the payment method used.

Service Upgrade -

6.1: In all services provided by RainCloud, a package upgrade can be made upon customer request. However, package downgrading is not permissible.

6.2: During the package upgrade request, if an automatic upgrade occurs by the system, the customer is obliged to inform this situation to the RainCloud system administrators.

Suspension -

7.1: RainCloud reserves the right to suspend all services offered to the customer (including email, web, FTP accounts) in case of payment problems, authorization issues for customers with credit card payment orders or non-compliance with contractual terms and obligations.

7.2: If the suspension process continues, the customer cannot access services; mail, web, and FTP access will be unavailable. Email accounts will be blocked, and incoming messages will be rejected.

Termination -

8.1: If the Customer fails to fulfill their obligations by acting contrary to any provision of this agreement or if it is determined that the information declared on the front page of the contract is false, RainCloud has the right to unilaterally terminate the agreement without any warning if such suspension lasts more than 7 days.

8.2: After termination in this manner, the customer agrees, accepts, and commits that they will not request a refund of the last contract fee they have paid, regardless of the remaining period, and will pay a commercial penalty of five times the value of the prevailing contract at the date of termination.

8.3: The Customer has the right to terminate this agreement without giving any reason at the end of the term by notifying in writing at least 7 days before the expiration of the contract.

8.4: In the event that the Customer terminates the contract before its expiration, they agree, accept, and commit to paying half of the fees that must be paid until the end of the contract upfront.

8.5: In case the Customer misuses the service in any way (e.g., illegal activities, abuse notifications), RainCloud has the right to terminate the service immediately. In this process, RainCloud is not obliged to inform the Customer.

Contact and Information Addresses -

9.1: The parties have accepted, declared and committed that the addresses specified during the order are accepted as legal notification addresses for any notifications arising from this agreement.

9.2: Any notification made to these addresses shall be deemed to be delivered even if it has not reached the parties. Address changes will be considered valid only if notified in writing to the other party.

9.3: RainCloud may send messages, information, notifications, payment notifications, account activity schedules, and account statements to the electronic mail address assigned to the customer during the term of the contract. The Customer cannot claim that these electronic communications have not been received by them and acknowledges, declares, and commits that they are deemed legally notified.

Default in Payment of Fees -

10.1: If the Customer does not make payment within 7 days following the invoice date for the services received, they will be deemed to be in default. In this case, RainCloud may issue a foreign exchange difference invoice and may request daily or monthly interest of 7% from the invoice date if desired. The Customer agrees and commits to paying this late fee and the foreign exchange difference invoice.

10.2: If the Customer initiates legal proceedings or enforcement proceedings for any receivables arising from this agreement, they agree and commit to paying a monthly interest of 7%, a penalty of up to 50% of the outstanding debt, a %10 attorney's fee, and all other legal expenses.

10.3: The Customer accepts that in case RainCloud seeks to obtain precautionary seizure and precautionary injunction orders for the collection of receivables under this agreement, RainCloud is authorized to obtain precautionary seizure and precautionary injunction orders without collateral. In the event that the courts request collateral, the Customer agrees and commits that all commissions and expenses related to the guarantee letters obtained from banks will be covered by them and they will not raise any objections regarding these matters.

Authorized Courts and Enforcement Departments -

11.1: This agreement consists of 10 articles and sub-headings, has been read, understood and signed by the parties. (Signing is deemed to have occurred with the submission of the order to RainCloud online). RainCloud may add, remove or change articles and sub-headings as it deems necessary. The Customer declares and commits to accept these changes in advance.

11.2: The competent courts and enforcement departments in resolving any disputes arising during the implementation of this agreement are the Edirne Courts and Enforcement Departments.