Terms and conditions (TOS)
I. Preamble
1.1. This Section is drawn up according to the national and European laws in force, its dispositions being consistent with the following legal acts, but not limited therewith : Law no. 365/2002 concerning the e-commerce; Law no. 677/2001 for the protection of persons with regard to the personal data processing and free circulation thereof; Government Ordinance no. 130/2000 on consumer protection on the conclusion and execution of distance contracts; Directive 2000/31/EC on e-commerce.
1.2. The use of the expression “Soft Dreams” throughout this Section will identify the company SOFT DREAMS S.R.L. with registered office in Bucharest, Sector 4, Str. Ienachita Vacarescu, no. 18, Et. 2+3, entered in the Trade Registry under no. : J40/15096/22.09.2004, CUI : RO 16780255, as supplier of hosting services. More information on SOFT DREAMS S.R.L. can be found on the Contact page.
1.3. Soft Dreams is registered in the General Registry of the National Authority for Surveillance of Personal Data Processing, pursuant to the Law no. 677/2001 for the protection of persons with regard to the personal data processing and free circulation thereof.
1.4. The scope of services provided by Soft Dreams include : [registration of domain names, website hosting, virtual servers on cloud platform, shared hosting, email services, packages of dedicated and collocated servers, as well as administration services]; the details and updated list of these services can be found on http://www.webland.ro
1.5. In the event that you want to benefit from any of the hosting services offered by Soft Dreams, you must previously accept the specific terms and conditions for the provision thereof. The acceptance process will be achieved online, by the consent given by the client for the application of these clause.
1.6. These dispositions apply to all Soft Dreams Users, thereby being understood both the visitors of the website-ului www.webland.ro, www.clustercs.com (hereinafter referred to as “Website”), as well as the purchasers of any of the Packages or Services offered on the Website. The purposes of these Terms and Conditions is to make sure that the Soft Dreams Users use the services with consideration of the rights and interests of all participants on the information technology market and in accordance with the rules of the Soft Dreams network.
1.7. This site is property of and operated by Soft Dreams and its affiliates. Soft Dreams offers you this site, including all information, instruments, and services adjacent thereto, provided that you accept the Terms and Conditions of Use in this Section. Please read this document attentively before using this website and continue using the website only if you agree with the Terms of Use. If you do not agree with the Terms of Use, please do not use the Website.
1.8. These provisions apply only to your use of the Website, without applying to any other Website or other Soft Dreams product or service and without changing any other contract that might exist between you and Soft Dreams. Soft Dreams reserves its right to modify or change these Conditions of Use at any moment, based on a prior notification posted on the Website. Continuing use of the site after posting of any modifications of the Terms of Use constitute acceptance of such modifications.
II. Information Accuracy
2.1. Soft Dreams is not responsible in the event that the information made available on the Website are not accurate, complete, or actual. The materials on the Website are provided just as general information and they should not be invoked or used as the sole base for decision making without primary consulting or using more precise and complete information sources. We reserve our right to modify the content of the Website at any moment and to update the information at certain time spans.
III. Website Use
3.1. The entire content information on this Website (including, but not limited to, codes and software, texts, design, graphics, logos, icons, images, audio clips, downloads, interfaces) is the exclusive property and it is held by Soft Dreams, and it is protected by copyrights, trademarks and other applicable laws in force.
3.2. You may access, download, store, view on a computer, listen, copy, and print the materials and contents made available by Soft Dreams for publication or downloading on the Website for personal use, for information and not for use for commercial purposes, provided that you do not modify or erase the copyrights, the trademark, or other notifications regarding the property that appear on the materials you access, copy, download or print and provided that you do not distribute or transfer such materials and contents without its ownership rights.
3.3. Except for the permission limited as mentioned din the previous paragraph, SOFT DREAMS does not grant you any other licenses or rights, either expressed or implicit, on any patent, trademark, copyright or other ownership or intellectual property rights. You are not allowed to copy anything from the contents of the Website on another website or on any other storage means. Any software or other materials made available on this Website for downloading, access or other use, and which have their own licensing terms, will be governed by the respective terms, conditions, and announcements. Your failure to observe the respective terms or other terms related to this Website will bring about the immediate termination of any rights granted to you, without any prior notification, and you must immediately destroy all the copies of downloaded materials that you hold, keep in custody, or under your control.
3.4. Any other use of the contents on the Website, including, but not limited to the modification, distribution, transmission, uploading, licensing, or creating works derived from information, software, products or services of portions thereof obtained from the Website, is expressly prohibited. Soft Dreams, its licensees and/or its content providers keep at present the ownership right and the entire and complete ownership over the materials provided on this Website, including all intellectual property rights thereof.
3.5. As a condition for general use, you shall not use the Website for any purpose that is illegal or forbidden by the Terms of Use or by the applicable laws in force.
IV. Liability for the Data Uploaded or Materials Presented by Users
4.1. You agree that you are liable for any material that you present on this Website, including, but not limited to the legality, reliability, opportunity, originality or copyrights, ownership rights over such materials contents.
4.2. You may not upload, distribute or publish or this Website, materials or contents that : (i) are false, fraudulent, calumnious, slandering, abusive, obscene, menacing, or confidential, that violate or invade the right to privacy or abusively infringe the rights of intellectual property and/or are illegal; (ii) may constitute or incite a criminal offense, violate any party’s rights, bring about liability or violate any law, or (iii) may contain viruses or any other form of malware, political campaigns or mass e-mails, “spam” or „phishing”. You may not use a false e-mail address or other identification data; you may not impersonate any other person or entity with a view to induce into error with regard to the origin of any materials or contents.
4.3. All personal information provided by this Website shall be treated according to the Online Confidentiality Policy of the Website. You declare and represent that you hold or control all the rights related to the materials and contents that you are posting, that such materials and/or contents are accurate, that the use of the materials and/or contents that you publish does not violate any of the dispositions or the Terms of Use and they will not cause any prejudice to any natural or legal persons.
V. Copyrights
5.1. If not specified otherwise, the graphical images, buttons and texts contained in this Website are the exclusive property of Soft Dreams. Except for the cases expressly authorized in the Terms of Use, they may not be copied, published, distributed, posted, reproduced or transmitted, in any way or by any means, including but not limited to, electronic or mechanic recording, photocopying or in any other way, without the prior written consent of Soft Dreams.
VI. Trademarks
6.1. This site contains logos, brand identities and other trademarks and service marks (“Marks”), which are Soft Dreams property or are licensed to Soft Dreams and/or content providers. All marks are the property of their holders.
6.2. Nothing on this site should be construed as granting indirectly, by alienation or any other way, the license or the right to use the logos or the brand identities presented on this site without the written approval of Soft Dreams or of a third party that may hold a logo, brand identity on the Soft Dreams site. Soft Dreams reserves all its rights that are not expressly granted over the Website and the contents thereon. The Website and the entire contents thereof, including without limitation to texts, design, graphics, interfaces and code, as well as the selection and arrangement thereof, are protected elements according to the copyright laws of Romania and other countries where Dreams operates.
VII. Information Security and Quality
7.1. Soft Dreams intends to protects your personal information and conserve the quality thereof. Soft Dreams implements adequate measures and processes, such as the use of encryption with transfer of certain sensitive information, to help protect your personal information and conserve the quality thereof.
7.2. SSH access will be available upon written request. SSH port is filtered by default. To enable SSH access, you will need to contact us via the ticketing platform. Soft Dreams will require a copy of a valid ID belonging to the owner of the account.
VIII. Your Options
8.1. Upon collecting your information, you can let us know that you do not wish us to use such information to contact you for marketing purposes and we will respect your wish. You can also deactivate the cookies in your browser.
IX. DISCLAIMER ASSOCIATED TO THE WARRANTY
9.1. YOUR USE OF THIS SITE IS YOUR EXCLUSIVE RESPONSIBILITY. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, APPLICATIONS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. SOFT DREAMS EXPLICITLY DENIES, TO THE EXTENT PERMITTED BY THE LAW, ANY AND ALL WARRANTIES, BE THEY EXPLICIT, IMPLICIT, STATUTORY OR ANY OTHER WARRANTIES, STATEMENTS, INCLUDING WITHOUT LIMITATION TO MARKETABILITY WARRANTIES, SUITABILITY FOR A CERTAIN PURPOSE AND NON-VIOLATION OF PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS.
9.2. WITHOUT LIMITATION, SOFT DREAMS DOES NOT OFFER ANY WARRANTY THAT THIS WEBSITE WILL FUNCTION UNINTERRUPTEDLY, PROMPTLY, SAFELY AND WITHOUT ERRORS.
9.3. YOU UNDERSTAND AND ACCEPT THAT, IF YOU DOWNLOAD OR OBTAIN IN ANY OTHER WAR MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, APPLICATIONS OR SERVICES, YOU DO IT AT YOUR OWN RISK AND YOU WILL BE ENTIRELY LIABLE FOR ANY DAMAGES THAT MIGHT RESULT THEREFROM, INCLUDING FOR LOSS OF DATA OF FAILURES OF YOUR COMPUTER SYSTEM.
X. LIMITATION OF LIABILITY
10.1. In no case will SOFT DREAMS be liable before any party for any direct, indirect, accidental, special, exemplary damage or consequence of any kind, related to or deriving from this Website or from any use of the Website or from any site or source of information referred to or accessed by this Website, or for the use, download or access to any materials, information, products or services, including without limitation to any loss of profit, discontinued business, lost savings, loss of programs or other data, even if SOFT DREAMS is expressly warned of the possibility of such damages. This exclusion and disclaimer of liability applies to all causes of action based on contract, warranty, prejudice or any other legal theories.
XI. FINAL DISPOSITIONS
11.1 Additional or different terms, conditions, and notes may apply to certain materials, information, products, software, and services offered by this Website. In the event of a conflict, the modified terms, conditions and additional notes shall prevail over the present Terms of Use.
11.2. By using this Website and the products of SOFT DREAMS you agree with the competence of the Romanian courts for any action or demand deriving from or related to these Terms of Use. If any part of these Terms of Use is considered illegal, null, or inapplicable, then such part will be considered as severable and construed in accordance with the applicable law.
11.3. Such part will not affect the validity and applicability of the other provisions or terms. The impossibility to act with regard to a violation of these Terms of Use by you or other persons does not constitute a waiver of the terms of use and it must not limit the rights of Soft Dreams with regard to such violation or any subsequent violations.
11.4. This Section is governed by and construed in accordance with the Romanian laws.
