Terms of Service (TOS)
Terms of service (TOS)
This Section has been drafted in accordance with the national and European legislation in force, and its provisions are consistent with the following regulatory acts, without being limited to them: Law no. 365/2002 on electronic commerce; Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data; G.O. no. 130/2000 on consumer protection regarding the conclusion and execution of distance contracts; Directive 2000/31/EC on electronic commerce.
The phrase "Soft Dreams" used throughout this section shall identify the company SOFT DREAMS S.R.L., based in Bucharest, Sector 4, 18 Ienachita Vacarescu St., 2nd + 3rd floors, acting as the Provider of hosting type information society services. More information about SOFT DREAMS S.R.L. may be found on its Contact page. Soft Dreams is registered with the National Supervisory Authority for Personal Data Processing under number 29583, pursuant to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
The range of services provided by Soft Dreams includes, but it is not limited to: [domain name registration, website hosting, virtual servers on cloud platform, shared hosting, email services, packages of collocated and dedicated servers, as well as administration services]. Soft Dreams agrees to provide services, including ClusterCS, to the customer, subject to the following Terms of Service. Use of Soft Dreams services constitutes acceptance and agreement to Soft Dreams Terms of Service. The acceptance procedure shall be carried out online, via the consent given by the customer for the enforcement of these clauses.
These provisions apply to all ClusterCS Users, meaning both the visitors of the website www.clustercs.com (hereinafter referred to as the "Website") and the customers of any Packages and Services offered on the Website. The purpose of these Terms of Service is to ensure that Soft Dreams Users use the services in compliance with the rights and interests of all the participants on the information market.
1. Eligibility & Acceptance
1.1 You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of ....... or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Soft Dreams of any unauthorized use of your account or any other breach of security. Soft Dreams will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Use Policy
Agreed Use of Allotted Service Resources
2.1 Users shall not use any method to circumvent the provisions of the terms of service, or to obtain services in excess of those for which they contract with Soft Dreams.
2.2 Users are restricted from registering multiple accounts with the same billing details without first notifying Soft Dreams of that intent to ensure that accounts aren't automatically flagged as possibly fraudulent and without notification accounts may be treated as abuse and/or fraudulent which would lead to suspension of service. Soft Dreams also reserves the right to terminate a customers account if they are targeted by malicious activity from other parties.
Acts of Sub-Users
2.3 Users are responsible for the acts of others utilizing their Service access, and will be held responsible for violations of this AUP by their sub-users or persons who gain access to the Service using the User's access codes. Any activity that a User is prohibited from performing by this AUP is equally prohibited to anyone using the Service-access of the User. Accordingly, Users agree to take the following actions to control the activities of those who connect to the Service by any means.
Access Code Protection
2.4 Users will utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins, passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding the AUP
2.5 Users will notify all persons who receive Service-access of the provisions of this AUP, and will inform them that its terms are binding upon them.
2.6 Users will notify Soft Dreams if and when they learn of any security breaches regarding the Service, and will aid in any investigation or legal action that is taken by authorities and/or Soft Dreams to cure the security breach.
Remedies for Violations
2.7 Soft Dreams may take any of the following appropriate actions to remedy violations of this AUP:
Service Suspension or Termination
2.8 Soft Dreams may suspend or terminate any account without refund by a User that violates the provisions of this AUP, as Soft Dreams may deem appropriate to the circumstances of the violation. Soft Dreams will provide prior notice of the intent to suspend or terminate service if the provision of notice will not, in Soft Dreams's judgment, run counter to the purposes of the AUP.
3. Master Service Agreement
3.1 The term of this Agreement shall be monthly, to commence on the date that the User sign-ups electronically for service by creating an account with an email address. Fees are billed by Soft Dreams on a monthly billing cycle commencing on the registration date of each month, ending on the day before registration date of the month.
3.2 All invoices are denominated, and User must pay, in CURRENCY ?? ??. User will be billed 10 days before registration date of each month, with payment due no later than the 10 days past the invoice date.
3.3 If payments not made within ten (10) days of invoicing the Service may be susspended. If any amount is more than 30 days overdue, Soft Dreams may terminate service and bring legal action to collect the full amount due, including any attorneys fees and costs.
Suspension for Nonpayment
3.4 Soft Dreams may suspend some or all Services to User for failure to make timely payment.
Disclaimers and Waiver of Liability
3.6 Soft Dreams DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING HARDWARE, SOFTWARE, OR SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF Soft Dreams, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. USER ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. USER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST Soft Dreams ARISING OUT OF USER'S PURCHASE OR USE OF THE SOFTWARE, OR ANY CONDUCT OF Soft Dreams OFFICERS, EMPLOYEES, OR AGENTS. Soft Dreams SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER OR ANY THIRD PARTY IN ANY AMOUNT, OR FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF Soft Dreams HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY Soft Dreams OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Soft Dreams AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, EXCEED THE AMOUNT OF ONE (1) MONTH OF SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. USER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT Soft Dreams WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
3.7 User shall keep confidential any Confidential Information to which it is given access, and shall cooperate with Soft Dreams efforts to maintain the confidentiality thereof. User shall not publish to third parties or distribute information or documentation that Soft Dreams provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
3.8 User is solely responsible for the preservation of User's Data. Even with respect to Data as to which User contracts for backup services, Soft Dreams shall have no responsibility to preserve Data, the service is provided as is, without warranty.
3.9 User shall defend, indemnify and hold harmless Soft Dreams from any and all claims or causes of action arising out of User's misuse of Soft Dreams Services.
3.10 Either party may terminate this Agreement if the other party fails to cure a material breach of the terms of this Agreement within thirty (30) days after receiving notice thereof. In the event Soft Dreams terminates this Agreement for User's material breach, any amounts owed to Soft Dreams hereunder before such termination will be immediately due and payable, any and all rights granted to user this Agreement will immediately be cancelled, and User shall promptly discontinue all use of the Services, relinquish any Confidential Information in User's possession or control. If Soft Dreams determines that User's failure to abide by the terms and conditions of this Agreement may give rise to unlawful consequences or cause an immediate risk of damage to Soft Dreams, other Users, or third parties, Soft Dreams may terminate this Agreement on less than thirty (30) days notice.
3.11 Soft Dreams may suspend or terminate Services and this Agreement immediately upon receipt of any lawfully issued notice from a court having jurisdiction over Soft Dreams, alleging the use of the Services to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, Soft Dreams may disclose the User's identity and contact information, and Soft Dreams shall not be liable for damages or results thereof, and User agrees not to bring any action or claim against Soft Dreams for such disclosure.
3.12 Either party shall be excused from performing hereunder to the extent that it is prevented from performing as a result of any act or event which occurs and is beyond its reasonable control, including, without limitation, acts of God, war, weather, utility or telecommunications outages, unrest or riot, strikes any action of a governmental entity, etc.; provided that the party experiencing the force majeure provides the other with prompt written notice thereof and uses reasonable efforts to remedy effects of such force majeure.
Personal Data Collected
4.1 Soft Dreams collects and stores personal information including the full name, company name, billing address, email address, IP address, landing page, referring URL for all customers upon registration and use of our service. We also store cookies for visitors to our websites in order to identify them for relevant advertising through third party websites, also known as retargeting. We also gather usage information from our visitors via cookies. If you have any questions regarding the data that is collected and or stored please contact us via email to email@example.com.
Security of Personal Data
4.2 Soft Dreams is committed to protecting the security of customer collected Personal Data. To do so we employ a variety of industry-standard security technologies and measures to help protect your data from unauthorized access, use, or disclosure which include but are not limited to encrypting any transmission of said information using secure socket layer (SSL), passing of credit card information directly to our Merchant Processor, encryption of any collected credit card information, encryption of passwords and other authentication mechanisms such as API keys, and restricting access to encrypted information to support personnel at Soft Dreams. We require that customers enter in a password to access their account information and request that customers use a password composed of different characters and of a large length to strengthen security and that they do not disclose this information to others via electronic formats or otherwise. Please note that Soft Dreams cannot fully eliminate security risks associated with the collection of said data and mistakes and security breaches may happen, please contact us if you have any questions regarding the security of our website, application, or otherwise.
Third Party Disclosure of Personal Data
4.3 Soft Dreams does not disclose any Personal Data to any third party companies for purposes of partnerships or advertising.
4.4 Soft Dreams may disclose Personal Data to comply with relevant laws and legal governing bodies of any country in which we do business, or where a customer may reside in order to remain complaint with International Laws, whereby mandated for the purposes of criminal investigations or by court order.
4.5 Soft Dreams for the purposes of billing does disclose personal information such as name, billing address, IP address, and credit card information to third party merchants for processing payments.
Access to Personal Data
4.6 Soft Dreams customers have access to their personal data including full name, company name, email address, and credit card information. Customers have the ability to delete data related to their full name, company name, and identifiable billing information which will no longer be stored in our databases, with the exception of: email address, network logs, cases where fraudulent or otherwise illegal activity has been deemed to occurred as determined by law enforcement or Soft Dreams management, in which case the information may remain in our database indefinitely in order to help facilitate the prevention of repeated abuse in the future from the offending party.
4.7 To have your email permanently removed please email us at firstname.lastname@example.org.
4.8 Soft Dreams support personnel may access customer servers through SSH for customer support and debugging purposes.
4.9 Soft Dreams will send occasional promotional materials through email and customers have the option to opt-out of these emails by either responding directly inside of the email itself or through updating their preferences in our control panel.
Ienachita Vacarescu nr 18, sector 4, Bucharest, Romania.