Lastly updated on 25.10.2020
The Terms are written in the male tense for convenience, but refer to both genders equally.
These services terms determine that any dispute between you and DREAM VPS shall be dissolved by bounding arbitrary. You agree to waive your right to approach to the court to claim or defend your rights under this agreement (besides matters that might be transferred to small claims court). Your rights shall be determined by neutral arbitrator and not by a judge or a jury and your claims will not be served as a className action, please see section 15 below to receive the details regarding your consent to arbitration of any dispute with DreamVPS.
None of these services terms will affect any statutory right that cannot be waived that apply you. If any provision and / or provisions in these services terms shall be deemed as invalid, unlawful, or unenforceable, then, the validness legally and enforceability of the other provisions shall be remained in full validation.
DREAM VPS reserves its right, in any time and from time to time, to change and update these services terms without advanced notice, provided that if any such change shall be an essential change on these service terms, - DREAMVPS will notify you by publishing a notice in the website.
Changes, updates and extractions shall take effect immediately in the moment of their publishment in the website, without any delay or need for a waiting period or any other thing that might delay them to come into force.
Considering the above, we recommend you read the service terms in any time that you use the services. If you do not accept any of the changes, you should stop immediately using the services.
In some of the jurisdictions there is a protection on consumers and / or any other legalization that might apply the services, that as a result of them, there is no option to apply certain provisions that relate this agreement, such as limitation of warranty and exclusion of certain liabilities, as such this limitation, exclusion and /or other provision defined below, is specially prohibited by the applicable law, such limitation, restriction, might not apply on you.
1. Entitlement and Registration
1.1 The services are not direct, and are not intended to be used, by any person under the age of 16. By using the services, you declare and commit that you are above the age of 16. If you are under the age of 16, you are not permitted, on under any circumstances and for no reason, to use the services.
We may, under our sole discretion, to refuse offer and / or provide the services to any person or organization and to change the entitlement’s criteria in any time. You are the sole responsible to ensure that these service terms comply with any law, rules and regulations applies and the right to access the services is canceled when these service terms or use of services is forbidden to the extent the offer, sale or delivery of the services contradicts any law, regulation, or any part of it that applies to you.
Furthermore, the Services are offered only for your use, and not for the use or for the benefit of any third party.
1.2 In order to register the services, you should sign up to account on the management platform and / or by filling biding sheets and contact details ("Account").
You will never:
You are the exclusive responsible to the activity in your account, regardless if you, your employees or third parties (including contractors and agents) make the activity, as well as saving your account password. You never allowed using in other person's account or registering information for the services without a permission.
It clarified that the obligation applies the user, and therefore you should notify us immediately of any change of your entitlement to use the services (including any change or license cancelation by the state, provincial, territorial or other authorities), breach of security and / or unauthorized use in your account.
Never publish, distribute, or advertise logging account details. You will be given the ability to erase your account, directly in the platform or by request to one of our workers or affiliates with copy to the address [email protected]. Furthermore, with your consent to this service terms, you agree to provide accurate information in your register and do not share your password with third parties. You agree do not pretend to be another person and / or do not use another person's user name or password. You agree to inform DREAM VPS immediately of any unauthorized use in your account, and any loss, theft and / or disclosure of your password. Failure to comply these requirements shall be deemed as a violation of these service terms and shall be a cause to an immediate termination of your account and right to use the website.
DREAM VPS shall not be responsible to any loss or damage results of your failure to provide us an accurate information or protect your account security and you shall not have any claims regarding this issue.
2.1 For the purposes of these service terms, the term "content" includes, not limited, information, data, text, written messages, reviews and comments, software, scripts, graphic and interactive features created, transferred and / or were made accessible in other way, in the services or by them.
2.2 All the content that was added, created, uploaded, served, distributed and / or published for the services by users ("Users' Content"), whether published publicly or transferred privately, the source of this users' content is exclusively responsible to this content. You declare that every users' content provided by you is accurate, full, updated and comply with every requirement of the applied laws, rules and regulations. In addition, it clarified that you confirm that all the content, including users' content, which you accessed to by the services is at your own risk, and you shall be the sole responsible to any damage or loss that you or any other cause we caused it. We do not commit that all the content you will get to in the services, or by them will be or continue to be accurate.
2.3 The services may contain content provided specifically by us, our affiliates or our users and such content might be protected with copyrights, trademarks, service mark, patents, trade secret and / or other rights and laws dealing with property or intellectual property. You should comply and keep all the IP messages, information and restrictions includes in the content you get to while using the services.
2.4 Subject to these service terms, we grant every user in the services an international license, which is exclusive, which is non-cancellable and non-transferable including and in particular transfer for the purpose of using (i.e., downloading and displaying locally) the content solely for the purposes of using the services. That is, the use, copying, modification, distribution or storage of any content other than for the purposes of using the services is expressly prohibited without our prior written permission, you may not sell, license, rent and / or use any content for commercial use and / or in any way infringes any right any third party.
2.5 By sending any user's content to the website except user's content that is transferred privately, you grant us an international license, which is exclusive, permanent, irrevocable, royalties exempted, can be sub-licensed and transferred for using, aggregation, copying distribution, making a derivative work, display, execution, and in other way to fully use such users' content in relation to the website, the services and our business (and our successors), including not limited, to promotion and redistribution of [art or whole of the website or the services (and a derivative work) in some media formats and by some media channels (including, not limited, websites and feeds of third party) including after the termination of your account and / or the services.
You hereby grant to every user in the website and / or services, a license, which is exclusive, permanent, to access each one of your user's content available to the this user in website, and use, duplicate, distribute, make derivative works of content, display and execute such users' content only for the purpose of providing the services.
It clarified; the aforementioned licenses granted to us and to our users do not affect our property rights or your other licenses in your user's content, including the right to grant additional licenses to your user's content unless written agreed otherwise. You declare and commit that you have every right to grant us such licenses without any violation or infringement of any third party's right, including but not limited, any privacy right, publish rights, intellectual property rights, trademarks, contractual rights, or any other copyrights or property rights.
3. Conducting Rules
3.1 As a condition to use, you commit not to use the services for any cause which is forbidden according to these service terms. You are exclusively responsible to all of your activity with respect to the services and the activity of any sub-user that use your access code or account.
3.2 Furthermore, it shall be clarified that with your consent to the service terms, you agree and commit that you will not transfer, distribute, publish, save, link or any other type of "Traffic" creation using it, including and especially if one or more of the following conditions will be met alternatively:
(i) It is illegal, threatening, offensive, harassing, defamatory, misleading, invasive the privacy of the other, tortious, offensive, coarse, or pornography that is illegal, or otherwise inadequate, as determined in our sole discretion.
(ii) You know that is false, misleading, not true or not accurate.
(iii) Is an unauthorized or unwanted publication.
(iv) Impersonates every person or entity, including who is one of our employees or agents.
(v) includes someone's identification documents or sensitive financial information,
DREAM VPS may be allowed, at its sole discretion, adult sites that comply with state laws and regulations.
3.3 You will not:
(i) Take any action that will cause or might cause (as determined by our sole discretion) unreasonable or disproportionate load on our infrastructure (or third part suppliers).
(ii) Disturb or try to disturb to the proper activity of the services or any activity operated in the services.
(iii) Bypass, or try to bypass any means we will use to prevent or restrict the access to the services (or other accounts, computer systems or networks connected to the services).
(iv) Operate any type of automatic respond or "junk mail" (spam) in the service.
(v) Use software, devices, manual or automatic procedures to "scan", or "bot" any page in the website.
(vi) Harvest or scratch any content from the services.
(vii) Use the services to high-risk activities, including not limited, to operation of nuclear reactors, air traffic control, life support systems, or any other use in which service failure may result in death, personal injury or environmental damage.
(viii) Take other action against our guidelines and policy.
3.4 You are forbidden to (directly or indirectly):
(i) Decode, decompile, reverse engineer, or attempt to generate any source code, ideas, or basic algorithms for any part of the services (including the applications in the service).
(ii) Change, translate, or otherwise create derivative works of any part of the services.
(iii) Copy, rent, lease, distribute or transfer in any other the rights you will hereby receive.
The user must comply all the local, state, national and international valid laws and regulations.
3.5 We also reserve ourselves the right to access, read, preserve, and expose any information as we believe it is necessary to:
(i) Satisfy and law, regulation, legal procedure or governmental requirement.
(ii) Enforce these service terms, including investigation of possible violation as a result.
(iii) Discover, prevent or otherwise locate frauds, security issues or other technical problems.
(iv) Respond to support applications of users.
(v) Protect the rights, property or safety of our users, the public and us.
3.6 You are not allowed to use the services in order get information or decisions, but only yourself. You are the sole responsible to any reliance of you on the services or on other use that you will do with the service. Comments, offers or other material sent and / or transferred to DREAM VPS shall be considered as non-confidential.
Subject to the terms described in DREAM VPS policy privacy, it shall not be l committed of any kind for this feedback and will be free to use and distribute feedback for others without limitation, including, but not limited to, development and marketing of products that combine such feedback.
DREAM VPS reserve the right to publish and / or use comments, questions or reviews sent by e-mail to DREAM VPS for the purpose of promotion of sales or other things without any additional confirmation, message or payment to the sender, all this submission shall be DREAM VPS'S property.
3.7 The list of violations in this section 3 of the service terms shall not be exclusive, and DREAM VPS hereby states that it has authority, and that it will use its authority, to take all necessary measures to protect the services, subscribers, and third parties from acts that will affect the goals of this section 3 of these Terms of Service.
There must be a significant interpretation of the article in which the company will take any legal action that may help her and / or may have the reason to think that it will help her in order to stop the violation and correct the situation.
Legal use of the network
3.8 When using the services, the subscriber must avoid infringement of any right, of any person and/or any entity as well as infringements of any statute, regulation, and / or the rules of this agreement and / or other contractual obligation, including and not limited, the laws prohibits:
(a) Distribution of children pornography.
(b) Forging, identity theft, misleading or distribution to electronic communication.
(c) Privacy violation.
(d) Illegal sending of commercial electronic massages or marketing or other electronic media.
(e) Collecting excessive users' data from children or other activities that collecting improper data collection.
(f) Security breaches, network fraud, money laundering and / or terror and / or criminal activities (any type of crime of any level).
(g) False advertising, distribution or profit from frauds.
Subscribers will comply the requirements of the law that regulate the use of the service, including but not limited:
Agreed use in allocated network’s servers
3.9 Subscribers shall not use any method to bypass these service terms provisions and / or to obtain services that exceeds the services that they engaged with DREAM VPS for them. Subscribers shall use inly the same IP addresses allocated to them by DREAM VPS, and shall not use IP addresses out of the scope that was allocated for them. Subscribers shall not use any mechanism exceeds on the amount of resources allocated to them by the services, and / or to cover such activities.
3.10 Subscribers are not allowed to use the services to distribute, receive media or collected data or make any action directed by any type of malicious code, including but not limited: trojans (passwords theft, viruses, malwares, botnets, denial of service attacks, flood or mail bombs, logic bombs, phishing, impersonating, or other actions that DREAM VPS reserves the sole and exclusive right to determine to be malicious in intent.
3.11 Subscribers shall not send bulk email using their resources on the services unless they maintain an authorized list of registered members including IP addresses and relevant contact information, together with the following guidelines to include removal links with all sent emails according to such legislation.
Subscribers shall comply with all laws regarding the sending of commercial electronic messages and / or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with DREAM VPS and / or other Subscribers, being placed on "blacklist". DREAM VPS reserves the sole and absolute right to determine whether an email violation has occurred.
Privacy violation, libel, or harassment
3.12 Subscribers are not allowed to use the services in a way that will violate the constitutional privacy rights of any person, or to publish or advertise libel, harass or embarrass, that will be determined by the sole and definite discretion of DREAM VPS.
Infringement of copyrights, trademark, patent or trade secret
3.13 Subscribers are not allowed to use the services while violates the IP, trademarks, patents or trade secrets of third parties. Moreover, they shall not use the services in order to publish such materials in a way that will expose them to the public against the law. The provisions of the Digital Millennium Copyright Act 1998 ("DMCA") and all the other international laws of commercial trademarks, copyrights, patents or other intellectual property law which applies shall apply on the present subjects by claim to infringement of copyrights by third party. DREAM VPS, under the right circumstances, will terminate the accounts of repeating violation. If a third party, believe that a subscriber of DREAM VPS violates his IP rights, he should notify us in the address [email protected]. A notification need to include sufficient information to allow DREAM VPS to locate the allegedly violates material, such as IP address or the website address of the specific online location where the alleged violation happens.
Export of subscribers activities
3.14 Subscribers are responsible to the actions of others who use their access to the services, and shall be responsible to violations of the services by their sub-users or people who get access to the services by using the subscriber's access code. Every action that the subscriber is forbidden doing according to these services term is as much forbidden by who uses the access to the subscriber's services.
Protect on access code
3.15 Subscribers shall use suitable security protocols, such as setting strong passwords and access control mechanisms, protecting the access to all entries and passwords and authentication reliability of people who are entrusted the account access details.
Notice raga regarding these service terms
3.16 Subscribers shall notify all the people who get access to the services about the provisions of these services terms, and notify them that the terms of the service terms compel them.
3.17 Subscribers shall notify DREAM VPS if and when they learn about any security breach regarding the services, and shall assist in any investigation or legal action that will be taken by the authorities and / or DREAM VPS to fix the security breach.
In other words, notice the way you use our services. If you break the law and / or act indecently and or using misuses our infrastructure, or the company believes that one of these is having the right to prevent you from doing that things and to do whatever we can for that purpose.
You should notify DREAM VPS before the registration of multiple accounts with the same billing address to prevent marking due to misuse. You are also responsible to the actions of others who use your access to our services, since we cannot distinguish between your actions to your sub-users actions.
Be careful with who you give your information to – it intends to protect you and us!
4. Third Party services
4.1 The services may enable you link to websites, services, or other resources in the internet. Moreover, websites, services or other resources may contain link to services. When you access to a third party's resources in the internet you do it on your own risk, these other resources are not under our control and you confirm that you aware that we are not responsible or obliged to the content, functions, accuracy, fit, or any other aspect of these websites or resources.
Including one or another link, do not imply our support or any relation between their operators and us.
In addition, you confirm and agree that we will not be responsible, directly or indirectly, to any damage or loss caused or allegedly caused by or with connection to the use or relying on any content, merchandise or such available services or through any such website or resource. We also enable certain suppliers to serve certain applications in the market. The suppling offers (as the definition of the conditions and restrictions of accessibility, downloading and / or purchased directly from such vendors and not from DREAM VPS). You are the sole responsible to protect the system from things such as viruses, worms, Trojan horses, and other destructive nature thing.
In other words, you should be careful when you access third party's resources in the internet – they are beyond our control and we cannot be accused in any negative results. If you have any problem with them, please notify these services directly.
5. Payments and Billing
Common payment methods
5.1 DREAM VPS accepts credit cards, debit cards, and PayPal payments. It can plead to for payment by using additional payment methods by applying DREAM VPS in the address [email protected]. For your information, all payments terms presented you in the use process or the registration to the services is considered as part of that agreement.
Billing and conditions
5.3 The period of this agreement shall be monthly, as of the day the subscriber registered electronically to the services by creating account with e-mail address. All the invoices are nominal invoices, and the subscriber must pay them on US dollar or by exchanging to Euro or New Israel Shekel by the exchange rate. In principal, the subscribers are charged at the first day of every calendar month in case of choosing a monthly payment model, or choosing hourly model which the payment take place every 100 USD usage or the end of the calendar month whichever comes first. Where this date does not happen on a business day, then the billing day will be postponed to the next business day after that, when the payment is required within ten (10) days from the invoice day.
Monthly payments and renewal fees shall be charged in the agreed rate in the event of the purchase. You are allowed to cancel the services in any time by entering to your control panel. In the event of cancelation your account will be shut down and you will no longer be able to get in our website and / or get access to the services, except where subscriber’s liabilities that you agreed to, and that are non-refundable, as allowed by the law. If you cancel, you agree that the payments for the first month of the services and erection costs relating to the erection of your account (“Erection Costs “) are non-refundable, except subscriber liabilities that were agreed by you. If you paid fees in advance to a period of more than one month, you are entitled, except fees for the first month of the services and all the operating costs, to get refund proportionally to the remaining period after your cancelation.
5.4 You should provide current, full, and accurate information for your billing account. You should immediately update all the information in order to protect your current accounts, full and exact (such as changing billing address, credit card number or the credit card expiration date). As well, you should immediately notify us if your payment method is canceled (i.e. in the event of loss or theft) and / or if you aware to a potential security breach, such as unauthorized disclosure or using in your username and / or your password. You can make change in this information in our cloud platform in the address https://cloud.dreamvps.com/ or through the mail [email protected] and / or communicating with the company’s office. If you do not succeed to provide any of the above information, you agree that we may keep billing you some use of paid interest according to your billing account, unless you stopped your paid services as was defined above.
5.5 The subscriber is responsible to all the debts, custom fees, tax and additional penalties, fines, audits, interest and remittances related to the purchase of services, including but not limited to national, state or local sales tax, use taxes, VAT, goods and services taxes (GST) (together, “Taxes”).
The standard pricing policy of DREAM VPS does not include and do not decrease these taxes. If DREAM VPS will be complied to collect or pay taxes in connection with the service provide, these taxes will be charged by the subscriber as part of the billing procedure or will be collect in the event of purchase. In certain states, provinces and territories, DREAM VPS is entitled to determine whether the purchase of the services is subject to certain taxes and if it is, entitled to collect such taxes and transfer these taxes to the competent authority.
If the subscriber believe that certain tax should not apply or certain amount should be deducted from the payments to DREAM VPS, the subscriber should immediately provide DREAM VPS a tax confirmation, invoice of withholding tax, VAT number or other proper proof that, provided that the information is valid and authorized enough by the competent tax authorities. The subscriber should provide DREAM VPS the required identified tax details so DREAM VPS will comply the tax liabilities of DREAM VPS as determined by DREAM VPS from time to time. The subscriber shall be the sole responsible to every misrepresentation made or incompliance caused by the subscriber regarding taxes whether regarding DREAM VPS or other parties, including financial sanction, fines, audits, interests remittance or additional taxes that connected to misrepresentation or incompliance. Specific other tax policy is described in the tax information page of DREAM VPS, combined with link in this document.
5.6 The company is allowed to update the price and the tariff in any time, including but not limited, for third parties services, using of services and licenses, the obligation and right to be update the using tariff and if changes were made shall applied the customer.
The customer shall have no claims about any updated and / or change of prices.
5.7 Payments that was not made within ten (10) days from the invoice day shall be considered as an arrear due to arrears invoices. If any amount exceeds ten (10) days arrear, without the demand to give notice on such arrears, DREAM VPS allowed to suspend the service in this account as aforementioned, and file a lawsuit to collect the full amount, including attorney's fees, commissions and costs.
Suspension due to non-payment
5.8 If the subscriber exceeds his balance, DREAM VPS allowed up to three (3) e-mail messages in a time period of fifteen (15) days before suspending the subscriber's account. The server will be stopped temporarily during the suspension period. DREAM VPS reserve itself the exclusive right to erase the suspended virtual servers of the subscriber after the final termination notice.
For the avoidance of doubt, the obligation to update the payment methods independently in the system or alternatively contact with the company's representatives shall applied the customer.
Promotion credit and gifts
5.9 Realization of promotion credit is limited to 12 months since the day of issuance (unless indicated otherwise), and in the same time the credit will expire, along with the redemption. The credit to promotion expires after 12 months unless defined otherwise in the sale conditions.
5.10 Multiply realization of promotion code and / or any other discount coupon will not be allowed, and it can be exercised only by "new users", which defined as users that are within 30 days from issuing their first VPS in the platform.
5.11 Moreover, registration credit that was aggregated through credit for a referral shall be count as the only sale code, according to terms detailed in section 5.10.
6. Warranty Declaration and Beta Services
6.1 We have no special relationship with you, you confirm that we have no obligation to take any action regarding:
1. Which subscribers get access to the services.
2. Which content you access through our services.
3. How one can interpret or use the content.
6.2 To the extent permitted by the law, you release us from any liability for the content purchased or not purchased through the services, we do not present any notices regarding any content included in the services or their access, and we shall not be responsible for infringement of copyright, or legality of any matter or content involved in any action.
6.3 The services, including information provided as part of them, as well as the content provided “as-is”, and without any warranty of any kind, express and/or implied, including, but not limited to, title, uninterrupted infringement, tradability and/or ability for a particular purpose, data interference, availability, accuracy, etc.
Including liability to our website, we, the directors, employees, agents, suppliers, partners, and content suppliers do not guarantee that:
(I) The services will be secured or available at any point or specific location.
(II) All bugs and errors will be resolved.
(III) Any content or program available on or through the services is free from viruses or other harmful components.
(IV) Results of the use of our services will meet your requirements.
Your use to the services is only under your responsibility.
The services contain information provided by the third party provider – DREAM VPS does not control and is not responsible for the information provided by any such third party provider, you acknowledge and agree that DREAM VPS – and any such third party are committed to accurate information about you, except when required by law, information that you request may not be available or may not be provided, and DREAM VPS takes no responsibility for this kind of failure.
Under no circumstances - DREAM VPS will undertake or guarantee the correctness, scope, completeness, accuracy, timing of its products, or services on this site. The information, products, and services available on the site may include technical flaws or typographical errors.
7. Liability Limitation
7.1 Under no circumstances, DREAM VPS’ managers, employees, agents, affiliates, suppliers, and/or service providers, are responsible according to the contract, torts, strict liability, negligence or any legal term or equivalent to another value regarding services for:
(I) Lost profits, data loss, product purchase cost and / or alternative services, special torts and/or indirect damages, accidents, punitive damages and/or consequential compensation of any kind and for any reason, goods and/or types of services (goods).
(II) Trojans, and / or their similarities (regardless of their source).
(III) For any direct damage in excess (cumulative) of payments paid excessively for certain services during the period of 6 months previous the charge, even if DREAM VPS knew, and/or received a message and/or should have known about the possibility, the subscriber acknowledges that the payments paid by him or her reflect the risk level set forth in this agreement and that DREAM VPS would not have entered into this agreement without these limitations.
The subscriber hereby waives all possibility of prosecutions and claims against DREAM VPS arising or that will arise from the purchase of the subscription and/or the use of the services, and/or all conduct of DREAM VPS’ managers, employees, agents and / or representatives.
Your sole and exclusive right and remedy in the event of dissatisfaction with the services or any other complaint will be the end of our communication and the termination of your access to our services or its usage.
7.2 Without derogating from the generality of the aforesaid, it is clarified that in case of DreamVPS responsibility to customer or who on behalf of (if and as you may) shall be limited the sum that have paid for 12 month of service at most.
Additionally, you agree that DREAM VPS is not responsible for any data collected by our services and DREAM VPS will not be hold responsible, in any case, as a result of your exposure to libel, slander, threats, illegal harassments, condemnation, or any other inappropriate content.
Under no circumstances, DREAM VPS, and / or any third party supplier of any component of the services or any information provided as part of the services, will not be liable to you and/or any party for damages of any kind, including but not limited to, any indirect, special, accurate, punitive, consequential or similar damage resulting from the services, contents, products, use or inability to use this site or related sites and/or all linked site, including but not limited to publish.
As well as for loss of profits, loss of usage, business disruption, and / or other economic losses, loss of plans and/or other data, whether in the act of contract, negligence or other dangerous act, even if DREAM VPS is aware of the possibility of such damages, which include virus-related liability that may infect your computer.
8.1 The subscriber shall maintain confidentiality on every confidential information that he will get access to, and will cooperate with DREAM VPS efforts to maintain his confidentiality. The subscriber shall not publish to third parties or distribute information or documentation that DREAM VPS provides for the purpose of operation and maintain of its systems. Including material included in assessments that contains traffic, resources, future billing, invoices, work orders or such other materials.
9.1 The subscriber exclusively responsible on protecting the subscriber's data which the subscriber keeps in his virtual server (the "Data"), and regarding data about subscriber contracts for backup services given by DREAM VPS will not be responsible for any data that may be lost, and / or not recoverable, due to the subscriber's failure to back up his data and / or for any other reason.
In other words, we trust you to be responsible and backup your data.
Things happened and there is no ability to forecast what will have happened!
10.1 You shall protect, indemnify and compensate us, our affiliates, parent and subsidiary companies, and any related companies, license holders and any associates, and each one of our workers and accordingly their workers, officers, directors, agents, contractors, suppliers and their representatives for each liability, law-suits and expenses, including reasonable layers fee, create or related to you (or any third party using your account or your identity in the services) using or misusing, or access to the service, content or any other part of you user's content. Violation of these service terms or any law, or violation of any property right or other rights of any person or agent. We reserve ourselves the right to leave the defense and exclusive control of any other matter that is subject to indemnification by you, and in this case, you can assist and cooperate with us by raising any possible defense claim.
In other words, for example, if you harmed as a result of content written by third party website or system hosting in DREAM VPS, we cannot be responsible to that they say or do, and we shall not be responsible in certain way.
11. Termination and Access
11.1 DREAM VPS reserve itself the right, based on its sole discretion, to prevent access from all services, or all its parts at any time, with or without a prior notice, and effectively immediately, including not limited to a result your violation all these service terms or any law, or when misuse the system, such as using programs that consume excessive network capacity, processes cycles, or IO disk. Any outcome of this kind may result in forfeiture and destruction of the information related to your account.
DREAM VPS can send you a notice about its intention to stop your services, with such a notice, depending on DREAM VPS’ sole discretion, shall not contradict these service terms, unless indicated otherwise below; all payments paid below are non-refundable, and all payments belonging to DREAM VPS prior to such termination will have to be payed immediately, including any liabilities that may arise before termination, such as DREAM VPS’ billing cost (including attorneys' fees and legal expenses) of charges or other obligations of this kind. Upon termination, all rights granted to the subscriber under this agreement shall be terminated immediately, and the subscription will immediately terminate all its services. If you wish to close the account and end the communication, you can do this by following the instructions on the website or through the ancillary services, all these terms of services instructions that naturally are supposed to survive their termination will remain in place until terminated, including, but not limited, user content licenses, ownership instructions, disclaimers, indemnification and liability limitations.
In other words, if you violate these terms and restrictions, we have the right to suspend your account (right of delay), these actions are reserved for blatant violations. You will most likely receive a warning and be able to continue using our services as long as the unwanted behavior ceases. However, you have the right to close your account for no reason at any time.
12. Choice of Laws, Place, Consent to E-mail Service and Waiver Hague Service Convention
12.1 Every claim arises below shall be interpreted according to the fundamental and procedural law of the State of Israel, regardless the principle of choice of law, subject to section 14 below. You agree that any dispute derived or related to the subject of these services terms shall be subject exclusively to the jurisdiction and places of the courts of the state of Israel in Haifa region and only there.
The subscriber agrees to service of the procedure through e-mail in the e-mail address provided by the subscriber, and waive any request by the virtue of Hague convention or any other judicial convention that requires translation of the legal procedure to any language which is not English.
In other words, we live in Israel.
13. Dispute Resolution
Considering the high costs of litigation, you and DRAEM VPS agree to the following dispute resolution procedure:
In the event of dispute, lawsuit, action or conflict deriving or related to:
(i) The website.
(ii) This agreement.
(iii) The services.
(iv) Breach, enforcement, interpretation or validity of this agreement.
(v) Any other dispute between you and DREAM VPS ("Dispute").
The party which claim for dispute initially try to settle the dispute in good faith by a written notice to the other party (through personal delivery or registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute, allowing the recipient to respond to or resolve the conflict within 30 days.
Notice shall be sent to:
Both you and DREAM VPS agree that this dispute resolution procedure is a precondition that should be met before starting any arbitration or filling any lawsuit to the other party.
In other words, we really hope that we never have to get into a conflict with our customers and we believe that most people fell the same.
If it comes to that, we agree to discuss it and firstly think on a solution.
14. Binding Arbitration Agreement and Waiving className Action
14.1 In order to settle the dispute between you and DREAM VPS in the most efficient and lucrative way, you and DREAM VPS agree that every dispute arising in relation with these terms shall be settle by a binding arbitration. Arbitration is less formal than a court lawsuit, but in many times it is not less binding. Arbitration use a neutral arbitrator instead of judge or jury, may enable less disclosure than in court, and may be subject to very limited examination by the courts. Arbitrators can award the same compensations and remedies that court can award. This agreement to a dispute arbitration includes all the claims derived of any aspect of these terms or related to them, whether based on contract, tort, law, fraud, misrepresentation, or any other legal theory, and regardless to a lawsuit arises during or after the termination of these terms.
You understand and confirm that, by a consent to these terms, you and DREAM VPS waive any right to trial by the court and / or taking part in a className action lawsuit.
15.1 Nor the customer neither DREAM VPS shall be responsible to a non-performance of the terms in this agreement, and as long as it was prevented from you or DREAM VPS to meet these terms as a result of any action and / or event that occurs and is not under your or DREAM VPS’ reasonable control, including – force majeure, war, terror actions, riots, strikes, any governmental entity act, weather, quarantine, fire, flood, earthquake, explosion, services stops and / or communication, internet disorder, national emergency situation, media crisis and / or any unexpectable change of the circumstances and / or any other cause which is beyond the reasonable control of any of the parties. The party that experienced the effect of the force majeure shall provide the other party an urgent written notice about that and shall make reasonable efforts to fix the effects of such force majeure.
15.2 DREAM VPS's clientele have the limited and non-exclusive right to create "directing" link to the website in the address https://www.dreamvps.com in condition that such a link does not describe DREAM VPS and / or its affiliates, or any other of its products and services accordingly in a false, misleading, degrading or defamatory manner and / or in a manner that would be detrimental and / or harmful, this limited right may be revoked at any time.
You are not allowed to change, set or use framing techniques in order to add any trademark, logo or other property information owned by DREAM VPS, including the images in the website, text content or the layout / design of any page or form included in the page without the written explicit consent of DREAM VPS.
15.3 The website contains important trademarks, service marks, names, headlines, logo, images, designs, copyrights, and other property materials that are owned, registered and used by DREAM VPS, but not only the mark “DREAMVPS” and the name of DREAM VPS’ products mentioned in the website are trademarks and service marks.
15.4 Elements in DREAM VPS’ internet website are protected by graphical signs, trademarks, unfair competition and other rules and may not be copied, unless permitted otherwise fully or partially. No logo shall be copied or transferred, graphics or images form the website without an explicit written permission of DREAM VPS the images, texts, documents, webpages, material, data, content and other information used and displayed in the website belong to DREAM VPS or its licensors and are protected by copyright, trademarks and other laws. In addition to our rights on the particular elements in our website, DREAM VPS holds to copyright or patterns of choice, coordination, arrangement and enhancement of any image, text, documents, webpages, materials, data, content and other information used and displayed on the website, you may copy such images, texts, documents, webpages, materials, data, content and other information used and displayed in the website for personal use or education, in condition that each copy includes a copyright notice, trademark or service as they appear on the copied pages.
Except as stated above, you shall not copy, display, distribute, download, license, modify, and publish, any of the images, texts, documents, and webpages of this kind. Or, republish, reproduce, reuse, sell, transfer, use to create a derivative work or used in another way for public or commercial purposes without DREAM VPS’ explicit written approval.
15.5 This agreement, includes all the ancillary agreements and policy combined by link in this document, is the full agreement between the parties regarding this subject, and it replaces any former or temporary agreement between the parties regarding the services. Valid waiver shall not be interpreted as a waiver on this commitment or any other commitment according to this agreement. Failure of no party to realize in any way right as aforementioned shall not be considered as a waiver on additional rights below. In order that a waiver on compliance to these services terms shall be binding, we should provide you a written message on such waiver through one of our authorized agents. If any provision in this agreement is forbidden by the law or shall be considered unenforceable, this provision shall be nullified and the rest of provision in the agreement shall not be affected, in a manner that this agreement shall continue in its full power like the unenforceable provision was never part of it. This agreement can be completed in number of copies, which every one of them shall be considered as an original, but all of them together shall be the same instrument. This agreement can be signed electronically or as detailed above. Your access and use in the services shall express your consent to this agreement. These service terms are personal for you, and cannot be allocated, transferred or sub-licensed by you without are advanced and written consent. We are allowed to allocate, transfer or delegate any of our below rights and liabilities without your consent. No agency, partnership, joint venture or employment relations are not be created as a result of these service terms and non-party has any authority to compel the other party in any other way. The headlines of the sections and paragraphs of these service terms are only for convenience and do not affect their interpretation. All the referrals to "laws", "rules" or "regulations" refer to all relevant laws, rules or regulations whether local or foreign. Unless indicated otherwise in these service terms, all the notification according to these service terms shall be written and shall be deemed duly delivered when you receive them, whether delivered personally or sent by certified or registered mail, return receipt requested. When the receipt is electronically confirmed, if it transmitted by facsimile or e-mail; or the day after it was sent, if sent for next day delivery by recognized overnight delivery service.
In other words, neither you nor we can be responsible for non-performance these terms considering circumstances that are not under a reasonable control (i.e. extreme weather, natural disasters, telecommunications disconnections, Internet disorders)
Lately updated 25 October 2020:
We might collect and receive information about users of our services (“Users”, “You” or “Yours”) from different sources, including:
1. Collected Information
1. Information that you provide
I. Account registration. When you register an account, we may require contact details, including details as name, name of the company, address, e-mail address and phone number. If you choose to referral a friend to our services, we may collect your friend’s e-mail address, so we send him a referral or sales promotion code to register our services.
II. Payments details. When you add your financial account details to your account, this information is directed to our payment terminal of third party. We do not keep your financial account details in our systems. However, we have access to the subscriber’s information, and we may save it by the payment terminal of the third party.
III. User’s content. Our “community” enables you advertise content in our services publicly. By your register to our community, you agree that your profile details and the content you publish may appear and be used by other users and third parties that we cannot control.
IV. Communication. If you approach us directly, we may receive additional information about you, such as your name, full business / residence address, e-mail address, phone number, content of message and / or the attached files that you will sent us, and any other information you choose to provide.
The personal information you are required to provide, and the reasons you are required to provide it, will be clarified when we ask you to provide your personal information,
2. Information we collect when you use our services.
I. Cookies and other tracking technologies. As common in most websites, we collect certain information automatically and save it in cookies files. In addition, when you use our services, we might collect certain information from your device automatically. This information may include internet protocols addresses (IP), browser type, internet services provider (ISP), redirection / exit pages, operating system, date/hour signature, clicks stream data, landing page and redirecting website address. In order to collect this information, cookie files may be defined in your computer or device while visiting our services. Cookie files contain small amount of information that enables our internet servers to identify you. We save information that we collect by cookie files.
We may collect information automatically on your use of our services and features, the functionality of our services, frequency of visits, and other information relates to your interaction with the services. We may track your use in different websites and services. In certain countries, including the European Union countries (“EU”), the aforementioned information may have regarded as personal information according to the relevant data protection law.
II. Using our services. When you use our services, we may collect information about your involvement and using of our services, such as using processors and memory, storage capacity, navigation our services and system level values. We use that data to operate the services, to keep and improve the and performances and efficiency of the services, develop new features, protect security and safety of our services and customers, and providing customer support. We use this data to develop aggregate analyze and business intelligence that enable us to operate protect, taking informed decisions and report our business performances.
3. Information received from third parties.
I. Third party’s accounts. If you choose to link our services to a third party’s account, we will receive information about this account, such as your authentication token of third party, to confirm link. If you wish to restrict the information at our disposal, you should use the privacy definitions of your third-party accounts to learn about your possibilities.
2. How Do We Use the Information
We use information we collect in variety of ways, including in purpose to:
3. How Do We Share Information
We might share the information that we collect in different ways, including as followed:
If possible, according the law, we may use and share information on users with our affiliates aggregately and / or deidentified that cannot be used in reasonably identified.
We are working with third party’s advertising associates to present you advertisements which we believe that might interest you. These advertisement associates may define and get access to cookies, pixel tags and similar technologies in services, and they may collect or get access to information about you with they may collect for while in different online services. Some of the advertisement associates are part of advertisement initiative online or in digital advertisement alliance.
We also share information about users with third party’s associates in order to receive additional available information about you.
If you are registered to our services by referral from a friend, we may share information with your referrer to inform them that you used their referral to register our services
Information can be exposed and transferred in other way to every potential purchaser, successor or receiver as part of merger, purchase, debt financing, assets sales or similar proposed transaction, or in case of insolvency bankruptcy or receivership where the information transferred to a one third party or more as one of our primer business assets.
We may share information in order to:
4. Legal Basis to Process of Personal Information
Our legal basis to collect and use of personal information as described above will be depended on the relevant personal information and the specific context it was collected.
Along with that, we usually collect personal information from you only when:
We have a legitimate interest to operate our services and contact you if needed to provide these services. For example, while answer your questions, improving our platform, marketing liabilities and / or in order to locate and / or prevent illegal activities.
In some cases, we might have a legal duty to collect personal information from you or we need in another way to your personal information to protect yours or somebody’s else essential interests.
If we ask you to provide personal information in order to comply a legal requirement or fulfill a contract with you, we will clarify that on the relevant time and advise you whether providing your personal information is a obliged or not (as well as the possible consequences if you do not provide your personal information).
5. Third Party Services
DREAM VPS is committed to protect your information. Therefore, we use a variety technologies and measures intends to protect information from access, use or exposure of unauthorized. The measures we take intend to provide a level of security matches to the risk of the process of your personal information. Even tough, remember that we can not assure that the internet will be 100% secured.
7. Saving of Data
We save personal information collected from you when we have a continuous legitimate business need to do so (e.g., to provide you a requested service or meet the applied requirements of the law, tax or accountancy).
When we do not have any continuous legitimate business need to process your personal information, we shall erase it or make it anonymous, or if it is impossible (for example, since your personal information is saved on the backup archive) we shall securely store your personal information and isolate it from any additional process until a possible erase.
If you are a registered user, you can access certain information associated with your account by entering our services or send a message to the e-mail address [email protected] you close your account, any public activity in your account, before the closing, might be stored in our services and might be remain accessible to the public.
In order to protect your privacy and your safety, we might take reasonable steps in order to authentication of your identity before we update or remove your information. the information that you will proved us might be kept or stored from time to time by backup procedures conducting in the normal course of business for purposes of recovery from a disaster. Your ability to access and fix your information might be temporarily limited when access and fixing might: delay DREAMVPS ability to fulfill legal obligation, delay DREAMVPS ability to investigate, raise or defend legal claims, cause a discovery of personal information about third party, or to cause a violation of contract or discovery of trade secrets or other business IP belonged to Dream VPS or third party.
9. Your Choices
You can use several of the services features without registration, and by that restrict the type of data collected by us.
You may unsubscribe e-mail messages to promote certain sales, if you wish to do so, just follow the instructions in the end of the message. Even if you unsubscribe, we might contact you for the purpose of information, transactions, that relate to the account etc.
Many browsers have an option to shut down cookie files, what might prevent your browser to receive new cookie files or enable selective use in cookies. For your information, if you choose not to receive cookie files, certain features and personal adjust of our services, might not work for you. You shall receive promotional material, but it will not be adjusted to your interests.
10. Children Privacy
12. International Data Transferring
13. Contact Details
Telephone - (+44) 203-7692-051
Email - [email protected]Suppo