Terms of Service - Revision history

Nitemare at 04:22, 2 December 2009

2009-12-02T04:22:34Z

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	DareNET may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the DareNET web site. If you do not agree to the changes, your only remedy is to cancel your DareNET membership, and discontinue use of the Service.		DareNET may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the DareNET web site. If you do not agree to the changes, your only remedy is to cancel your DareNET membership, and discontinue use of the Service.
		+
		+	[[Category:Abuse and Policy]]

Admin: Protected "Terms of Service" [edit=sysop:move=sysop]

2009-08-31T06:06:26Z

Protected "Terms of Service" [edit=sysop:move=sysop]

← Older revision

Revision as of 06:06, 31 August 2009

Admin: /* Warranty Disclaimer */

2009-08-15T12:31:51Z

Warranty Disclaimer

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	=== Warranty Disclaimer ===		=== Warranty Disclaimer ===

-	THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. DareNET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some ~~countries~~/states do not allow the exclusion of warranty, so the above exclusions may not apply to you.	+	THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. DareNET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some nations/states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

	=== Limitation of Liability ===		=== Limitation of Liability ===

Admin: /* Information */

2009-08-15T12:30:00Z

Information

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	=== Information ===		=== Information ===

-	User is solely responsible for and shall continuously provide to the Service true, accurate and current and complete information including, without limitation, any personally identifiable information provided by the User. Users agree that ~~DareBER~~ may use this information as described in DareNET's Privacy Policy. Users may not share, or transfer accounts.	+	User is solely responsible for and shall continuously provide to the Service true, accurate and current and complete information including, without limitation, any personally identifiable information provided by the User. Users agree that DareNET may use this information as described in DareNET's Privacy Policy. Users may not share, or transfer accounts.

	=== User Conduct ===		=== User Conduct ===

Admin: /* Real Terms & Conditions Start here !! */

2009-08-15T12:28:03Z

Real Terms & Conditions Start here !!

← Older revision		Revision as of 12:28, 15 August 2009
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	== Real Terms & Conditions Start here !! ==		== Real Terms & Conditions Start here !! ==

-	All us of DareNET, its web site and any other services offered by DareNET, including but not limited to: use and/or ownership of any IRC channels (e.g. chat rooms) on DareNET, use of DareNET discussion forums, or other product or service (Collectively the "service") are subject to the terms of this agreement and the policies, agreements and instructions for the use of this agreement and the policies herein and/or on the web site and posted by DareNET, are hereby incorporated herein. The term "user" includes any person or entity using the service, as well as any person or entity acting on behalf of such person or entity in relation to using the service. DareNET means the DareNET Network.	+	All use of DareNET, its web site and any other services offered by DareNET, including but not limited to: use and/or ownership of any IRC channels (e.g. chat rooms) on DareNET, use of DareNET discussion forums, or other product or service (Collectively the "service") are subject to the terms of this agreement and the policies, agreements and instructions for the use of this agreement and the policies herein and/or on the web site and posted by DareNET, are hereby incorporated herein. The term "user" includes any person or entity using the service, as well as any person or entity acting on behalf of such person or entity in relation to using the service. DareNET means the DareNET Network.

	Any user, using the DareNET services agrees to be bound by the terms and conditions of this agreement. If the person or entity using this service is acting on behalf of another person or entity, he/she represents and warrants that he/she has the power and authority to use the service and to enter into this agreement on behalf of such entity and that his/her actions have been duly authorized by such entity.		Any user, using the DareNET services agrees to be bound by the terms and conditions of this agreement. If the person or entity using this service is acting on behalf of another person or entity, he/she represents and warrants that he/she has the power and authority to use the service and to enter into this agreement on behalf of such entity and that his/her actions have been duly authorized by such entity.

Admin: /* Incorporated Agreements */

2009-08-15T12:23:15Z

Incorporated Agreements

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	Users who register a channel (chat room) on DareNET, or help manage a registered channel, agree to abide by the Channel Registration Guidelines. DareNET reserves the right, in its sole discretion, to deny any channel registration, for any reason.		Users who register a channel (chat room) on DareNET, or help manage a registered channel, agree to abide by the Channel Registration Guidelines. DareNET reserves the right, in its sole discretion, to deny any channel registration, for any reason.
		+
		+	=== Proxy Checks ===
		+
		+	DareNET may perform checks for insecure proxies, "Trojan horse" or other harmful software on your computer. These checks may appear in firewall logs as a port scan. Use of the Service indicates acceptance of these checks. If any such software is detected, your computer may be blocked from further use of the Service.

	=== Warranty Disclaimer ===		=== Warranty Disclaimer ===

Admin: /* Indemnity */

2009-08-15T12:21:26Z

Indemnity

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	THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. DareNET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some countries/states do not allow the exclusion of warranty, so the above exclusions may not apply to you.		THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. DareNET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some countries/states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

-	=== ~~Indemnity~~ ===	+	=== Limitation of Liability ===

-	~~You agree to defend~~, ~~indemnify and hold harmless~~ DareNET, ~~its officers~~, ~~directors~~, ~~managers~~, ~~staff~~, ~~administrators~~, ~~operators~~ and ~~agents~~, ~~from~~ and against any and all claims, damages, ~~obligations~~, ~~losses~~, ~~liabilities~~, ~~costs~~ or ~~debt~~, and ~~expenses (~~including but not limited to ~~attorney's fees~~) ~~arising from:~~ (i) ~~your use of and access~~ to DareNET ~~sites~~ and services~~; (ii) your violation~~ of any ~~term~~ of ~~these Terms~~ of ~~Service;~~ (~~iii~~) ~~your violation~~ of ~~any third party~~ right, including ~~without limitation~~ any ~~copyright~~, ~~property~~, or ~~privacy right;~~ or ~~(iv)~~ any ~~claim~~ that ~~one~~ of ~~your~~ User ~~Submissions caused damage~~ to a ~~third party~~. This ~~defense~~ and ~~indemnification obligation will survive these Terms~~ of ~~Service~~ and your use of the ~~DareNET sites and services~~.	+	UNDER NO CIRCUMSTANCES WILL DareNET BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE.
		+
		+	USER AGREES TO HOLD HARMLESS AND INDEMNIFY DareNET, AND ITS STAFF, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO A USER'S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
		+
		+	=== Release and Waiver ===
		+
		+	USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against DareNET and its staff and agents from any and all liability for claims, damages (actual and consequential). Costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to existing his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
		+
		+	=== Services ===
		+
		+	DareNET reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. DareNET will announce any change in the price of the program on its website prior to any such change taking effect.
		+
		+	By posting on message boards, participating in IRC channels (chat rooms), or creating any other content (excluding private email communication), you will be deemed to have granted DareNET perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.
		+
		+	If ordering merchandise and/or services from anyone other than DareNET, through any commercial service offered via an official DareNET partnership or affiliate, via DareNET, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. DareNET makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.
		+
		+	If you operate an IRC channel (chat room), message board, member profile, blog, photo gallery, or other service of DareNET that generates more than two (2) gigabytes of bandwidth per month, DareNET reserves the right to discontinue that service.
		+
		+	=== Copyright and Copyright Agent ===
		+
		+	DareNET has adopted and implemented a policy that provides for the termination of services in appropriate circumstances of Users who infringe on copyright holders. That policy can be found [http://www.darenet.org/copyright here].
		+
		+	=== Links to Other Web Sites ===
		+
		+	The Service may provide links to Web sites other than DareNET.org. DareNET neither controls such Sites or Services nor endorses any of the materials or policies on such sites or Services, including but not limited to Privacy Policies, or any association with their operators.
		+
		+	=== No Assignment ===
		+
		+	User shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of DareNET. Any such proposed assignment or delegation by User without the appropriate prior written consent of DareNET will be null and void and of no force or effect, unless otherwise expressly consented to by DareNET at its sole and absolute discretion.
		+
		+	=== Relationship of the Parties ===
		+
		+	Not withstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any other contract.
		+
		+	=== Miscellaneous ===
		+
		+	If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. DareNET's failure to act with respect to a breach by User or others does not waive DareNET's right to act with respect to subsequent or similar breaches. The failure of DareNET to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are for convenience only and shall not limit or otherwise affect the terms of this Agreement. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AS IF MADE IN CALIFORNIA BY TWO RESIDENTS OF THAT STATE. This Agreement constitutes the entire agreement between DareNET and User with respect to the subject matter hereof.
		+
		+	DareNET may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the DareNET web site. If you do not agree to the changes, your only remedy is to cancel your DareNET membership, and discontinue use of the Service.

Admin: /* Warranty Disclaimer */

2009-08-15T12:11:25Z

Warranty Disclaimer

← Older revision		Revision as of 12:11, 15 August 2009
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	=== Warranty Disclaimer ===		=== Warranty Disclaimer ===

-	~~YOU AGREE THAT Your use of DareNET~~, ~~and any services it may provide, is at your sole risk. DareNET provides these services on an~~ "~~as is~~" ~~and "as available" basis.~~	+	THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. DareNET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some countries/states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
-		+
-	~~DARENET MAKES~~ NO ~~EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, OR~~ ANY ~~ACTIVITIES RELATED TO THIS AGREEMENT~~. ~~TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, without limiting the foregoing,~~ DareNET ~~and its respective parents~~, ~~subsidiaries~~, ~~affiliates~~, ~~successors~~, ~~assigns, staff, administrators, operators, agents, directors and officers~~ do not ~~represent or warrant (i)~~ the DareNET sites and services will be uninterrupted, timely, secure or error-free, (ii) the defects in the DareNET sites and services will be corrected, (iii) the DareNET Technology or the servers that operate the DareNET sites and services are free of ~~viruses or other harmful components~~, ~~(iv)~~ the data, results and information within the DareNET sites and services will be correct, accurate, adequate, useful, reliable or otherwise; and (v) the DareNET sites and services will meet your needs, requirements or expectations.	+

	=== Indemnity ===		=== Indemnity ===

	You agree to defend, indemnify and hold harmless DareNET, its officers, directors, managers, staff, administrators, operators and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to DareNET sites and services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DareNET sites and services.		You agree to defend, indemnify and hold harmless DareNET, its officers, directors, managers, staff, administrators, operators and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to DareNET sites and services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DareNET sites and services.

Admin: /* Incorporated Agreements */

2009-08-15T12:10:30Z

Incorporated Agreements

← Older revision		Revision as of 12:10, 15 August 2009
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	Users who register a channel (chat room) on DareNET, or help manage a registered channel, agree to abide by the Channel Registration Guidelines. DareNET reserves the right, in its sole discretion, to deny any channel registration, for any reason.		Users who register a channel (chat room) on DareNET, or help manage a registered channel, agree to abide by the Channel Registration Guidelines. DareNET reserves the right, in its sole discretion, to deny any channel registration, for any reason.
-
-

	=== Warranty Disclaimer ===		=== Warranty Disclaimer ===

Admin: /* User Communication */

2009-08-15T12:10:21Z

User Communication

← Older revision		Revision as of 12:10, 15 August 2009
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	Users who register a channel (chat room) on DareNET, or help manage a registered channel, agree to abide by the Channel Registration Guidelines. DareNET reserves the right, in its sole discretion, to deny any channel registration, for any reason.		Users who register a channel (chat room) on DareNET, or help manage a registered channel, agree to abide by the Channel Registration Guidelines. DareNET reserves the right, in its sole discretion, to deny any channel registration, for any reason.

-	~~=== User Communication ===~~

-	Services provided by DareNET may include the automated or user-triggered relay of communication from other users of the services. This communication is not monitored or moderated by DareNET, and may include discussions of illegal or offensive acts, If the discussions is illegal in your jurisdiction, or you believe it tends to incite illegal action, contact your local law enforcement agency.

	=== Warranty Disclaimer ===		=== Warranty Disclaimer ===