Vios Medya – Service & Acceptable Use Agreement (VDS/VPS)
Effective Date: September 2, 2025
Version: 1.0
1) Definitions
Service: Virtual private/dedicated server (VPS/VDS), hosting, network and any related add‑on services provided by Vios Medya.
Panel: The online interface where the Customer manages services (panel.viosmedya.com).
Data Center: Turkey location Datacasa facility or an equivalent site designated by Vios Medya.
Account Balance: Non‑refundable store credit kept at Vios Medya, usable only for services on our site (not legal tender).
DDoS/Malicious Traffic: Any traffic intended to disrupt services, infrastructure, or third parties.
Nested Virtualization (Nested): Running a VM inside another VM.
2) Formation and Updates
2.1. This Agreement becomes effective when the Customer registers and/or places an order.
2.2. Vios Medya may update the Agreement unilaterally; the latest version takes effect upon publication on the website.
2.3. The Customer is responsible for following the current version.
3) Account Opening, Accuracy, and Authorization
3.1. The Customer must provide accurate and complete details (name/legal title, TCKN/Tax ID, email, etc.). The Customer is responsible for the information provided.
3.2. In case of suspicious activity, services may be temporarily suspended, and identification/verification documents may be requested.
3.3. The Customer must keep Panel credentials confidential and is responsible for all activities performed under their account.
3.4. Minors may only receive services through their legal guardian.
4) Ordering, Provisioning, and Delivery
4.1. After payment confirmation, services are provisioned within a reasonable time (typically the same day).
4.2. In events beyond our control, the Customer will be informed of delays.
4.3. Access to the service via the Panel constitutes acceptance of delivery.
5) Scope of Service and Technical Terms
5.1. VPS/VDS: Provided using KVM or similar virtualization on shared physical resources with logical isolation.
5.2. Location: Services are delivered from Turkey location Datacasa data center hardware.
5.3. Resource Targets (general framework):
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CPU: ~2.0 GHz sustained baseline per vCore (host CPU: Ryzen 9 5900X; instantaneous values may be higher depending on host availability).
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Storage throughput (indicative): NVMe packages ~900 MB/s, SATA SSD packages ~400 MB/s read/write (subject to host load).
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Network: 1 Gbps port provided; committed/guaranteed rate 100 Mbps.
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These are target minimums under normal conditions; actual performance may vary. Package‑specific limits prevail.
5.4. Nested: May reduce performance; upon material degradation, the Customer may request disabling Nested.
5.5. Licenses: Commercial software licenses (e.g., cPanel/Plesk) must be obtained by the Customer unless explicitly stated otherwise.
6) Internet Use and Traffic Policy
6.1. Under 95th percentile (P95) measurement, sustained usage ≥50 Mbps may incur overage fees or temporary throttling/suspension.
6.2. Excessive bandwidth that jeopardizes network integrity may be limited.
6.3. IP geolocation (country/city) may differ across third‑party databases and is not a valid ground for refund/cancellation.
7) Acceptable Use Policy (AUP) and Prohibited Activities
7.1. Services must not be used for illegal activities, outbound attacks/DDoS, SPAM/unsolicited email, brute force, warez/piracy, or hosting/distribution of malware.
7.2. For Turkey location services, sustained high CPU/IO, attack tools (booter/stresser), or activities harming shared resources may result in restriction or termination without refund.
7.3. Abusive or repeated spikes affecting other tenants may lead to suspension.
8) Backup and Data Security
8.1. Unless explicitly stated, standard packages include no backups. The Customer is solely responsible for backups.
8.2. Optional backups may be offered (weekly/snapshot); success and restore times depend on technical conditions.
8.3. The Customer agrees to implement and maintain their own backup plan.
9) Uptime Commitment and Maintenance Windows
9.1. Monthly uptime target is 99.00%.
9.2. Within each 30‑day period, up to 7 hours of planned maintenance may occur.
9.3. Uptime excludes Customer‑caused issues, force majeure, and third‑party outages.
10) Support Scope and Channels
10.1. Support is provided via ticket/Panel and email.
10.2. Hours: 12:00–00:00 GMT+3 (7/12); responses are provided within reasonable time during these hours.
10.3. WhatsApp or similar channels are pre‑sales only; no technical support obligation.
11) Billing, Payment, and Delinquency
11.1. Reminder notices may be sent 7 days before due date; non‑receipt does not waive payment obligations.
11.2. Overdue services may be deleted, with no guarantee of data recovery.
11.3. Promotional/discounted packages may renew at list prices; changes are announced on the website.
12) Cancellation, Withdrawal, and Refunds
12.1. For instantly delivered digital services (VPS/VDS/shared hosting), cash refunds are not provided; where appropriate, refunds may be issued as Account Balance (VAT excluded).
12.2. For packages of 1 month or longer, within 7 days from initial provisioning, up to 75% of the service fee may be returned as Account Balance, subject to suitability checks.
12.3. Domain names, dedicated/colocation, VPN/Proxy, and software licenses are non‑refundable.
12.4. If provisioning exceeds 24 hours, the Customer may request a refund; when approved, the refund is issued as Account Balance.
12.5. In cases of illegal content or malware/attack activities, no refund is provided; the Agreement may be terminated for cause.
12.6. Consumer Law: Where the Customer qualifies as a consumer, mandatory provisions of Turkish Law No. 6502 apply, including its withdrawal exceptions and regulations.
13) Suspension and Termination
13.1. For breach of this Agreement, delinquency, AUP violations, or security risks, services may be suspended.
13.2. Failure to cure may result in termination for cause by Vios Medya.
13.3. After termination/cancellation, data deletion is irreversible; backups are the Customer’s responsibility.
14) Price Changes and Credit/Service Transfers
14.1. Prices may change due to FX/cost variations; existing customers may retain current pricing until the next billing cycle.
14.2. Inter‑account credit/service transfers are not allowed without Vios Medya’s written approval.
15) Personal Data, Logs, and Disclosure
15.1. Personal data is processed per our KVKK Notice and Privacy Policy.
15.2. Under Law No. 5651, traffic records may be kept and shared with authorities as required by law.
15.3. Sharing with payment processors occurs solely for billing/collection purposes.
16) Limitation of Liability
16.1. Services are provided “as is”; Vios Medya is not liable for indirect/consequential damages, lost profits, or data loss.
16.2. Vios Medya’s aggregate liability is limited to the fees paid for the relevant service in the last 1 month (mandatory consumer rules prevail where applicable).
16.3. No liability arises for force majeure and third‑party failures.
17) Notices and Communication
17.1. Notices are sent via the Panel/ticket system or to the registered email and are deemed delivered when sent.
17.2. The Customer must keep contact information up to date.
18) Governing Law and Dispute Resolution
18.1. This Agreement is governed by the laws of the Republic of Türkiye.
18.2. Ankara Central Courts and Enforcement Offices have jurisdiction (mandatory consumer venue rules reserved).
19) Effective Date and Acceptance
19.1. By completing registration/order, the Customer confirms they have read and accepted this Agreement.
19.2. Updates become effective upon publication.
ANNEX A – Quick Summary (for convenience)
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Uptime target: 99.00% / month; maintenance: up to 7 hours per 30 days.
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Resource targets: ~2.0 GHz per vCore; NVMe ~900 MB/s; 1 Gbps port / 100 Mbps committed.
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AUP: No DDoS, spam, malware, or illegal activities.
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Backups: Not included by default; Customer is responsible.
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Refunds: No cash refunds for digital services; Account Balance may be issued in eligible cases.
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Suspension/termination: For violations or non‑payment.
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Data center: Datacasa (Turkey location).