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], and the details and updated list of such services may be found at: http://www.webland.ro If you want to benefit from any of the hosting services offered by Soft Dreams, you must first accept the specific terms and conditions for the provision thereof. 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 Soft Dreams Users, meaning both the visitors of the website www.webland.ro (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, and with the rules of the Soft Dreams Network.
Server Administration Services
The services provided by Soft Dreams involve creating and managing cloud servers.
Such services can be configured according to the rules of Soft Dreams and customised by the Beneficiary as needed.
The service customization level allows changing the virtual CPU number, the Hard Disk size, the RAM size, the number of GB of traffic on the cloud server and the number of IPs available for a server.
Basic Management - ping and email alert monitoring.
Pro Management - including the Basic Management package + software updates.
Expert Management - including the Pro Management package + interventions in case of script errors (the user shall pay a certain amount of money into an account and shall give his/her consent that, in case of any malfunction, Soft Dreams shall try to fix the problem, such intervention being paid from the user’s account).
Soft Dreams is the sole owner of all the materials and information available on the Website. Customers or Website visitors may not copy, reproduce, distribute, publicly release or re-transmit any such material or parts thereof, in any form or by any means.
Service Billing and Payment Policy
The customer agrees to pay for our services in advance of the period in which they are to be provided.
After receiving the bill, the user has 10 calendar days to make the payment, and, if the user fails to pay it within this time frame, the cloud services shall be suspended and the user shall be penalised with a fee of EUR 10; after the suspension of the services, the user has one week to pay the bill, thereby avoiding the deletion of his/her cloud services.
If 17 calendar days of default are exceeded, the account shall be deleted from the server. The customer may request the site reinstatement from an older backup, and this service shall be charged with an amount of EUR 25 + VAT.
The prices in EUR are calculated in RON using the NBR exchange rate valid on the date of issue of the pro forma invoice, and do not include VAT.
No payment made by payment order shall be deemed received until it has reached the bank account of Soft Dreams. If the payment date falls on a Saturday or a Sunday or a bank holiday in Romania, the Customer shall take all necessary measures for the payment to be received by Soft Dreams on the business day preceding that Saturday, Sunday or bank holiday. If, for various reasons (e.g. malfunctions of the banking system, etc.) the account has not been funded with the amounts paid by the Customer, the payment obligation related to those amounts shall not disappear, and the Customer is required to settle any such obligations, with everything that this might entail.Customers who want to close a hosting account or any service acquired shall send a notice by email or fax at least five days before the due date; otherwise, the bill issued shall be paid for at least a month.
Approved Service Use Policy
This Approved Service Use Policy is an integral part of the Contract concluded by Soft Dreams with each individual customer.
In addition to these provisions, a particular Service or Package of Services may have its own Approved Service Use Policy, which shall also be an integral part of the Contract concluded by Soft Dreams with each individual customer, and it shall be applied as a matter of priority.
Using Server Resources for the Shared Hosting Service
Any customer using a large amount of the Soft Dreams server resources (including, but not limited to CPU time, memory, Network resources) shall be given the opportunity to pay additional fees (which shall depend on the resources required) or to reduce the resources used to an acceptable level or to order another hosting Package. Soft Dreams shall be the only one to decide to what extent the level of resources used is high.
Soft Dreams may take action in terms of suspending the services provided, without prior notice, if the server performance or Network integrity is affected by the use of its services.
According to the legal provisions, it is prohibited to send commercial communications by email unless the recipient has given his/her prior express consent to receive such communications.
The subject of the messages sent by email, which constitute commercial communications, shall begin with the word "ADVERTISEMENT" in capital letters.
Commercial communications shall include at least the following information relating to the person in whose name they are sent:
a) The full name;
b) The personal identification number or tax identification number, as appropriate;
c) The residence or registered office;
d) The telephone and fax numbers;
e) The email address.
Soft Dreams prohibits the use of its service in any way that would result in the transmission, distribution and delivery of unsolicited email messages in large numbers or of spam. Spam means sending unsolicited messages which result in complaints from those who receive them, using or distributing mailing lists that belong to people who have not consented to such action, posting commercial articles on USENET newsgroups that do not allow this, posting articles containing binary encoded data, posting a large number of comments on groups or forums, which have no connection with the subject discussed, continuously sending abusive materials that could be considered offensive.
In order to ensure the best conditions for all customers, Soft Dreams has adopted a zero-tolerance policy for subscriptions that send SPAM. This policy may require the suspension of any subscription that proves to be the source of SPAM.
In order to eliminate various problems, hosting subscriptions may send a maximum of six emails per minute and a maximum of 50 contacts in CC (Carbon Copy). There is no exception to this rule. Any customer who wants to send more emails per hour shall request the express permission of Soft Dreams.
If Soft Dreams believes that there is an unauthorised and improper use of any of its services, it may take, without any prior notice, any measures it deems appropriate, according to its own considerations, including blocking messages from a particular Internet domain, the email server or IP address.
Soft Dreams may immediately terminate any account of any service where it finds, according to its own considerations, that there is a transmission or any connection whatsoever with an email message that violates this policy.
Soft Dreams servers may only be used for lawful purposes. It is prohibited to send, store or distribute any information, data or materials that would violate the laws in force or that may directly facilitate the violation of any legal provisions. The Beneficiary agrees that he/she is solely responsible for the misuse of the Service offered by the Provider, and the Beneficiary shall pay for any damages caused to the Provider, itself or any third parties.
- The Provider's equipment shall not be used under any circumstances or in any manner for the transmission, storage or publication of materials or for actions considered to be illegal pursuant to the laws of Romania, the European Union and/or the US. Illegal materials or actions include, but are not limited to: not damaging, while using the Service made available to him/her, either the Provider's IT system or the IT systems of third parties, not promoting illegal activities or presenting potentially damaging information for the Provider or other third parties. Links to such websites are also prohibited. Unacceptable examples include, but shall not be limited to information, webpages or links to webpages containing: pirated software, hacker software or archives, Warez sites, unlicensed music or software (Mp3, etc.)
- It shall maintain the confidentiality of its usernames and passwords (access data) for accessing each Service/account and it shall immediately notify the Provider of any suspicion or certainty that such data have been learned by any third party. The Beneficiary is solely responsible for the software installed in its account, for the security updates of such software, for using certain permissions on files/folders from its account that shall not cause security problems at account or server level. If the unauthorised access to one or more services offered by the Provider or the use for illegal purposes of the services offered by the Provider is due to the Beneficiary, for any reason, either directly or indirectly, the Beneficiary shall assume full responsibility for any damage caused to the Provider, to itself or to third parties. Any violation by the Beneficiary of the obligations provided for in this section shall entitle the Provider to suspend, without delay and for an unlimited period, the Service(s) provided to the Beneficiary or to terminate this Contract without refunding the amounts paid by the Beneficiary.
- It shall not prejudice the Provider's image or the image of its services in any way.
- It is prohibited to redistribute the Service(s) free of charge to third parties, without the express written consent of the Provider. It is forbidden to resell the Service(s) to third parties, except reseller-type subscriptions (for domains and web hosting).
- Sending unsolicited commercial or non-commercial emails, either reported or not reported as SPAM, but which may be considered as such.
- Spamvertising practices, whereby the website of Soft Dreams' Customer is subject to promotion via spam.
- The violation of copyrights or any other rights of any third party.
- Materials protected by trade secrets or any other legal status.
- Materials designed to encourage the feeling of hatred or discrimination.
- Threatening, abusive, harassing or slanderous statements.
- Child pornography.
- The promotion of illegal activities (hacking, cracking, warez, etc.)
- Information or software regarding or containing any type of virus or Trojan, except those from companies specialising in combating, removing or protecting against them, and only subject to the laws in force on copyrights.
- Phishing practices and any other activities of personal information collection for illegal purposes or for any purpose without the consent of the people whose data are being collected.
- Any content or action deemed to be harmful or illegal by the Provider.
For web hosting services (with shared resources), it is not allowed to use the following types of scripts:
- Scripts that facilitate P2P traffic or file sharing traffic (e.g. torrent-type scripts, scripts for uploading/downloading files)
- For proxy or IRC type services
- PhpShell or similar command execution scripts
- FormMail type scripts
- Chat room type scripts
- Scripts that contain known security problems.
Any complaints received and confirmed in this respect may result in an immediate suspension of the account in question, without any prior notice to the customer. Any script that involves a potential security risk or that may affect the server performance or Network security shall be automatically closed or removed without any prior notice.
Pursuant to the provisions of Law no. 365/2002 on electronic commerce, as subsequently amended, Soft Dreams shall act quickly to remove or block access to any activity or information that, by its nature, may damage the rights of a third party.
Providing Customers with the necessary space to host their own applications gives each Customer the opportunity to benefit from the Email Service, with the specifications related to the specific clauses of the Contract concluded with Soft Dreams.
We want to meet all our customers’ requirements by providing high quality services, which can be achieved with your support as well. The way in which you use the services provided by Soft Dreams is closely related to the proper operation of the Network and servers of Soft Dreams, an adequate environment being necessary for providing the hosting facilities.
The use of the Email Service shall relate to the normal use principles entered in the aforementioned specific clauses. Any use contrary to the regulations in force, contractual provisions or international practices may cause damages to all the users of the Soft Dreams Network.
In order to prevent any damaging effects, Soft Dreams reserves the right to limit, at any time, certain parameters of the email service provided to its customers.