Service Agreement

Draconis Infrastructure, LLC is the legal operator of the services offered through the Hostragons® Global brand and will hereinafter be referred to as “Hostragons.” By using the services offered through the www.hostragons.com website (hereinafter referred to as the “Web Site”), you are deemed to have accepted the terms of this agreement. Liability for losses that may arise from your failure to read or comply with the terms of the agreement is limited by the provisions of this agreement to the extent permitted by applicable legislation.

Article 1 – Contract Amendments Draconis Infrastructure, LLC reserves the right to update or amend this agreement, provided that it complies with applicable legislation. Significant changes will be announced through the Web Site.

Article 2 – Accuracy of Information and Content The information, statistical data, and assessments on the Web Site are compiled from sources considered reliable. However, the completeness of this information or its fitness for a particular purpose is not guaranteed. Hostragons' liability for indirect losses that may arise from the use of information, assessments, comments, and statistics on the Web Site is limited to the extent permitted by applicable legislation.

Article 3 – Warnings and Declarations Before using Hostragons® Global services, we assume that you have read and accepted the notices and statements in this agreement. In the event of a dispute, claim, or demand, Web Site records and electronic records belonging to Hostragons may be considered in accordance with applicable rules of evidence.

Section 1 – Orders and Service Delivery

1.1. Order Confirmation and Account Setup Your order will be processed after it successfully passes the fraud check and your payment is approved. Once your account setup is complete, the necessary information will be sent to you via email.

1.2. Payment Methods and Installation Times

• Credit Card Payments: For payments made by credit card, domain name, web hosting, and reseller hosting accounts are usually set up automatically. However, due to possible technical issues, the setup time may extend up to 48 hours.
• Bank/EFT Payments: For payments made by wire transfer or EFT to our bank or postal check accounts, the setup time is a maximum of 2 business days.
• VDS and Dedicated Servers: For VDS and dedicated server services, the standard setup time is 72 hours, unless otherwise specified.
• Software and License Services: The delivery time for software and license services is a maximum of 1 week, unless a special period is specified.

1.3. Refund Policy If service delivery does not occur within the specified times, your payment will be refunded upon request.

1.4. Email Communication and Responsibilities

• Email Address: You must provide an active and accessible email address during the order. This email address will be used for communication and information purposes.
• Email Update: It is your responsibility to keep your email address up-to-date and check it regularly. Sent emails are assumed to be delivered, and Hostragons cannot be held responsible for damages resulting from emails not being delivered or read.

1.5. Obligation to Provide Accurate Information It is mandatory that all information you provide during order and registration is accurate and complete. For orders canceled due to incorrect information, Hostragons reserves the right not to refund fees or to make a partial refund.

1.6. Security Controls Within the framework of security requirements, Hostragons may request a copy of your credit card or ID. If these documents are not provided, your order may be canceled or your services may be suspended. For accounts suspended due to suspicion of fraud, Hostragons reserves the right not to refund fees or to make a partial refund.

Section 2 – Site Migration

2.1. Migration Service In cases where Hostragons provides guaranteed site migration services, it will make every effort to migrate your site to Hostragons. However, since site migration is complex, a definitive guarantee cannot be given regarding the migration time or success.

2.2. Migration Process and Responsibilities Each hosting company has different configurations, and in some cases, it may be difficult or impossible to migrate your site completely and without errors. Hostragons accepts no legal or criminal responsibility for incorrect migration or inability to migrate your site.

Section 2 – Content

2.1. Legal Compliance The services offered by Hostragons are provided in accordance with the laws of Delaware and the United States to which Draconis Infrastructure, LLC is subject, as well as any mandatory local rules applicable to the user. Users assume legal responsibility for the actions they take while using the services.

2.2. Copyright and Registration Rights Publishing, distributing, or selling content that violates copyright or trademark rights through our services is prohibited. This includes unauthorized music, books, photographs, and other copyrighted materials. As per legal regulations, hosting pornographic/erotic content and content that can be used for hacking purposes is prohibited. If a violation is detected, the relevant content will be deleted or access will be blocked, and in case of repetition, services may be suspended or terminated. To report suspicious content, please contact abuse@hostragons.com can be sent to. Hostragons may request additional information or documents regarding complaints.

2.3. Illegal Actions and Complaints Hostragons may not terminate the service in cases where it is unsure whether complaints about illegal actions constitute a crime. Hostragons does not have legal decision-making authority, and in these situations, users must seek their rights through legal channels. If you have any suspicions that illegal content is hosted on Hostragons servers, please contact abuse@hostragons.com report to.

2.4. Usage Limits and Responsibilities Services offered by Hostragons can only be used within the limits permitted to you. If you access content, a file, or a service that you are not authorized to use, you are expected to immediately notify Hostragons without using it. Otherwise, you are responsible for any material and moral damages that may arise from this situation.

2.5. Monitoring and Tracking Hostragons reserves the right to monitor site content and access for legal reasons, such as system administration, tracking unauthorized entry, verifying security procedures, and operational security. Content and information obtained during monitoring may be tested, recorded, copied, or used for the purposes stated above. Hostragons does not use or share content for purposes other than these.

2.6. Service Provision and Content Removal Hostragons reserves the right to offer or not to offer services to anyone it chooses. It reserves the right to delete or block access to content that is contrary to the contract, provocative, divisive, illegal, or deemed inappropriate from the servers. In relation to such content, Hostragons has the right not to refund fees or to make a partial refund.

2.7. Harmful Content and Security Uploading malicious content such as viruses and shell scripts that can harm Hostragons servers may result in the termination of your account without a refund. All damages caused to Hostragons or other users by such actions are the responsibility of the user who performed the action. Users are responsible for the security of their accounts and the security of the software, scripts, and programs they upload. Users must use strong and unpredictable passwords for their accounts and be responsible for all actions taken on their accounts.

2.8. Change Requests Hostragons reserves the right to request changes to any website, database, account, or other materials/services.

Section 3 – SPAM Prohibition

3.1. No Tolerance for SPAM Hostragons absolutely does not tolerate unsolicited email, bulk email, and SPAM emails. Failure to comply with these rules may result in the termination of the relevant service or services, with or without notice. Services that cause our IP block to be blacklisted for email will be terminated without notice.

3.2. Blacklisted IP Addresses If Hostragons' IP block is blacklisted for email, the user who caused this situation may be charged the necessary fee to remove the IP block from the blacklists. This fee is determined by Hostragons and is the amount required to clear the IP block from blacklists. By purchasing the service, it is considered accepted that in such a situation, the necessary fee will be paid without objection and within the requested period.

Section 4 – Payment

4.1. Payment Obligation As long as service is received from Hostragons, the service fee is accepted to be paid to Hostragons. Unless the service is canceled, the service will be automatically renewed and the relevant invoice will be generated. If you wish to cancel the service, you must submit a cancellation request at least 15 days in advance. The cancellation request must be made through your customer panel.

4.2. Cancellation Procedures Service cancellation must be done from your customer panel. On the cancellation page, there are options to cancel the service immediately or when its term expires.

4.3. Payment Delays and Consequences For accounts not canceled 15 days in advance and not paid, Hostragons reserves the right to collect fees through legal means. It is the user's responsibility to keep payment information up-to-date and to pay invoices on time. If an invoice is not paid on time, Hostragons may grant an additional 1-day grace period for web hosting and reseller hosting accounts, after which the service may be suspended. The service may be terminated 15 days after the due date. For domain name, VDS, and dedicated server services, if payment is not made on the due date, accounts may be terminated immediately. Hostragons cannot be held responsible for damages and data losses resulting from this situation.

4.4. Overpayments and Credit Overpayments made accidentally or knowingly are added as credit to your account and are not refunded. This credit can be used for subsequent services purchased from Hostragons.

4.5. Price Changes Hostragons reserves the right to change product and service prices without notice.

4.6. Resource Usage and Additional Fees If the purchased disk space, traffic, and similar resources are used more than the purchased amount, the cost of the used resources will be requested from the user. This fee must be paid without objection and within the requested period. If payment is not made, the account may be terminated without a refund, and Hostragons will not be responsible for damages and data losses resulting from this situation.

4.7. Refund Requests In cases of refund requests (dispute, chargeback, etc.) made through payment channels without the knowledge or permission of Hostragons, the user is obliged to cover all material and moral damages caused to Hostragons.

Section 5 – Backup and Data Loss

5.1. Data Responsibility Users assume responsibility for all their data when using Hostragons services. Hostragons offers backup service as a convenience for backing up user data, but does not guarantee the accuracy or continuity of these backups. Hostragons cannot be held responsible for any data loss that may occur for any reason.

Section 6 – Service Cancellation and Refund

6.1. Service Cancellation Hostragons reserves the right to terminate any service, with or without notice, with or without refund, or with partial refund, for any reason.

6.2. Inappropriate Behavior Insulting or rude behavior towards Hostragons employees may result in the suspension or termination of the relevant account or services. In such cases, membership may be terminated and the contract may be canceled without any refund.

6.3. Business Reputation and Governing Law The parties agree not to unlawfully damage each other's business reputation. This agreement is governed by the laws of the state of Delaware, excluding its conflict-of-laws rules. Subject to any mandatory local provisions applicable to the consumer, the competent courts in the state of Delaware shall have jurisdiction over disputes arising from the agreement.

6.4. Sites Under Attack Sites that are attacked, causing damage to servers or problems such as slowdowns/outages, may be terminated without notice and without a refund. In such cases, Hostragons may request the necessary fee to cover the damage incurred.

6.5. Refund Policy For paid services, if the service is canceled before the service period expires (due to reasons such as usage contrary to the service agreement, user request, etc.), the full service fee or the fee for the unused period will not be refunded. The credit in the user's account can be used for other services to be purchased from Hostragons, but no refund will be made or credit added to the account for early terminated services.

Section 7a – Use of Service

7aa – Web Hosting/Reseller Hosting

Disallowed Actions:

• Bulk E-mail and SPAM: Bulk email sending and SPAM are strictly prohibited. Email services should only be used for normal correspondence.
• Resource Usage: Resource usage exceeding 25% for longer than 90 seconds is prohibited. Activities such as CGI, FTP, PHP, HTTP can cause resource usage.
• Average Resource Usage: Daily resource usage exceeding 5% for web hosting accounts and 12% for reseller hosting accounts is prohibited.
• Server Based Programs: Running server-based programs such as IRCD is prohibited.
• Spider/Indexer Programs: Running programs like Google Cash/AdSpy is prohibited.
• IRC Software: Software that communicates with IRC networks is prohibited.
• Proxy Applications: Running proxy applications is prohibited.
• Bit Torrent Applications: Running BitTorrent applications is prohibited. External links to legal torrents may be provided.
• File Sharing/P2P: File sharing or peer-to-peer applications are prohibited.
• Game Servers: Game servers such as Counter-Strike, Half-Life are prohibited.
• Cronjob Applications: Running cronjobs at intervals shorter than 15 minutes is prohibited.
• File Sharing Software: File sharing software such as Dosya.tc, mediafire is prohibited.
• Audio/Video Broadcast: Audio stream or video broadcast applications are prohibited.
• File Limit: Each web hosting account is limited to a maximum of 200,000 files. Accounts with more than 100,000 files are not backed up.

7ab – VDS/Dedicated Server

Disallowed Actions:

• Bulk E-mail and SPAM: Bulk email sending and SPAM are prohibited.
• Intense Resource Usage: Intense resource usage that would harm other VDSs is prohibited.
• Proxy Applications: Running proxy applications is prohibited.
• Bit Torrent Applications: Running BitTorrent applications is prohibited.
• File Sharing/P2P: File sharing or peer-to-peer applications are prohibited.
• Use for Attack Purposes: Usage for attacks such as DDoS and Botnet is prohibited.

Section 7b – Backup Limit

Services of customers who perform continuous and unnecessary backups may be suspended or terminated with or without notice. This applies when the backup service is used outside of its purpose and the server is harmed.

Section 7c – Unlimited Web Hosting

• Scope of Use: Unlimited web hosting can only be used to host your website files and cover your website's traffic.
• Data Storage/Backup Area: Unlimited web hosting space cannot be used for data storage or backup purposes.

Section 8 – Traffic Usage

8.1. Traffic Limit and Monitoring If you exceed the traffic limit determined by the package you purchased, the relevant service or services may be automatically suspended until the next month begins or until extra traffic is purchased. It is the user's responsibility to monitor used traffic, and unused traffic cannot be carried over to the next month.

8.2. Overage Fees Usage exceeding your monthly traffic limit will be billed in the following month. This fee must be paid without objection and within the specified period.

Section 9 – Uptime Guarantee

9.1. Uptime Commitment : If the 99% uptime guarantee committed by Hostragons cannot be provided, upon users' request, one month of free usage right may be granted for the relevant service. Hostragons keeps uptime reports through its own systems, and reports from third-party monitoring software other than these reports are not valid.

9.2. Warranty Coverage and Exceptions The uptime guarantee is not valid during malicious attacks and pre-planned server maintenance. Such outages are not included in the uptime rate.

9.3. Uptime for VDS and Dedicated Servers For VDS and dedicated server services, the uptime guarantee only applies to network connectivity. The server being operational is not the responsibility of Hostragons, and users may not be aware of any issues unless they report them. Discounts provided under the uptime guarantee do not include third-party software and license fees.

Section 10a – Support Scope

Hostragons only provides support related to the services offered. User operations and software support are outside the scope of hosting services. For VDS/rented server services, support only covers returning the system to its initial delivered state. For software services, Hostragons is only obligated to deliver smoothly functioning software.

Section 10b – 24/7 Support and Support Provision Time

24/7 support means our support team works regardless of business hours. Support requests are answered within a maximum of 24 hours, depending on intensity.

Section 11 – Reseller Hosting: Customer Responsibility

Reseller hosting users are responsible for providing support to their own customers. Hostragons does not provide support to the customers of reseller users. Reseller users are responsible for the content of their customers, and Hostragons cannot be held responsible for the illegal or contrary behavior of their customers.

Section 12 – VDS and Dedicated Server

The right to reset passwords in VDS and dedicated server services is reserved. Users are obliged to keep a valid e-mail address and root password registered in the system. Backup is the responsibility of the user.

Section 13 – Co-Location (Server Hosting)

The right to reset passwords in server hosting services is reserved. In case of payment delays, hosted servers and equipment may be held as a pledge until payment is made.

Section 14 – Additional Services Agreement

14.1 WordPress Optimization Service Hostragons provides technical optimizations to improve the performance and security of your WordPress site. The customer is obliged to provide Hostragons with the necessary access information. Hostragons is not responsible for problems arising from changes made to the customer's sites. The optimization service is performed according to the current state of the site and the best practice standards determined by Hostragons.

14.2 Server Optimization Service Hostragons provides necessary optimizations to improve your server's performance and security. The customer must provide server access information and necessary permissions to Hostragons. Hostragons is not responsible for server problems that may arise from the customer's own actions.

14.3 Google Ads Optimization Service Hostragons provides consultancy services for the optimization of your Google Ads campaigns. The customer must cooperate with Hostragons regarding ad content and targets. Hostragons does not take responsibility for the management of the customer's advertising budget.

14.4 Organic Traffic Service Hostragons offers services for attracting organic traffic to your website. The customer is responsible for the site's content and SEO optimization. Hostragons is not responsible for conversions obtained as a result of traffic generation.

14.5 CloudFlare Optimization Service Hostragons provides speed and security optimization for your site via CloudFlare. The customer must provide CloudFlare account information and necessary permissions to Hostragons. Hostragons is not responsible for problems arising from the use of third-party services.

14.6 VPN Service Hostragons offers VPN service for secure internet access. The customer is responsible for using the VPN service within legal frameworks. Hostragons is not responsible for the actions performed by the customer during VPN usage.

14.7 DNS Service Hostragons provides DNS management and optimization services. The customer is responsible for the correct configuration of domain name management and DNS settings. Hostragons is not responsible for problems arising from the misuse of the DNS service.

14.8 Mail Hosting Service Hostragons offers professional email communication solutions. The customer is responsible for managing email traffic and taking security measures. Hostragons is not responsible for problems arising from the customer's email content and usage.

14.9 CDN Service Hostragons offers CDN service to distribute your content to users worldwide faster and more securely. This service improves your website's performance while providing additional protection during high traffic situations and DDoS attacks.

• Scope of Service: Hostragons distributes customer content through its global CDN network. This service aims to shorten content loading times and improve user experience.
• Customer Obligations: The customer undertakes to act in accordance with all relevant laws during the use of the CDN service. The customer also guarantees that the content distributed via CDN complies with copyright and other intellectual property rights.
• Performance Guarantee: Hostragons guarantees a certain uptime percentage and may offer certain credits to the customer if this goal is not met.
• SLA Excluded Cases: Planned maintenance work, events beyond the customer's control, and situations beyond Hostragons' reasonable control are outside the scope of the SLA.
• Legal Compliance: The customer agrees to comply with all applicable laws and regulations during the use of the CDN service. Hostragons reserves the right to provide any information requested by legal authorities.

Section 15 – Price Change

During the purchased service period, no additional fees will be requested unless additional features are purchased or usage is made outside the limits. Hostragons reserves the right to change prices at the end of the service period.

Section 16a – Compensation for Damages

By using Hostragons' services, you agree not to harm Hostragons and to compensate for any damage that may occur.

Section 16b – Legal Obligations

You agree not to impose legal obligations on Hostragons. In any legal situation, you undertake to cover court and attorney fees.

Section 17 – Disclaimer

Hostragons cannot be held responsible for damages your business may incur and does not offer guarantees on services. It cannot be held responsible for data loss, delays, interruptions, and erroneous information delivery.

Section 18 – Providing Legal Information

Hostragons is obliged to provide requested information to legal authorities, and this may include your private information.

Section 19 – Addition

19.1. Privacy and Protection of Personal Data Hostragons attaches great importance to the privacy of users and the protection of personal data. User data will be processed and protected in accordance with applicable data protection laws.

19.2. Intellectual Property Rights Hostragons does not claim any intellectual property rights over user content. Users declare and undertake that they own the intellectual property rights of the content they upload or have permission to use these rights.

19.3. Service Changes Hostragons reserves the right to make changes to its services and technological infrastructure depending on developments. Such changes will be made to improve service quality.

19.4. Third Party Services Hostragons may integrate third-party services as part of its services. The use of these services is subject to the terms of service of the relevant third-party provider.

19.5. Limitation of Liability Hostragons accepts no responsibility for indirect, special, incidental, or punitive damages that may arise from the use of its services.

19.6. Service Continuity Hostragons will make reasonable efforts to ensure service continuity, but does not guarantee uninterrupted and error-free service.

19.7. Legal Compliance Hostragons takes all necessary measures to comply with legal regulations and industry standards.

18.8. Dispute Resolution Disputes that may arise between Hostragons and users will primarily be attempted to be resolved in good faith, but if a solution cannot be reached, they will be resolved according to the laws of the country where Hostragons is located.