Terms of Service

Current revision as of 04:22, 2 December 2009

Welcome to the introduction to our terms of service.

(scroll down a bit to see them, this intro part is irrelevant)

We hate lawyers... well, really we hate how much they charge. We also hate legal jargon, but have been told we need to have it.

We ask that you please read these terms of service carefully, as your use of DareNET, including its sites, services and network, constitutes acceptance of these terms of service. If you do not agree to the terms of service, do not use DareNET. For those of you who can't be bothered reading, we have decided to summarize (in our own words). The summary below is for convenience only and has no legal or contractual effect.

DareNET is a cool network! We don't think our network or sites are broken and we do our best to keep all of our services live on the Internets, but if we get hacked, our servers blow up, Osama Bin Laden strikes or we spend our hosting money on beer, you can't hold us accountable and you can't sue us. Remember we know where you live.

You can cancel or delete your account anytime, but we may cry.

Don't break our Acceptable Use Policy (e.g. rules), duh. If you are an idiot, we can cancel your membership. If we ever visit your country you agree to provide us with food, shelter and alcohol. You retain all Ownership rights over the material you provide to DareNET, unless specifically stated otherwise.

The terms of service below contain a lot of legal jargon, some of which probably doesn't make sense. They are also subject to change if we can ever afford a Lawyer or conveniently Excalibur lands one as a Girlfriend (we have written this into Excalibur's job description, so he is working on it)

Real Terms & Conditions Start here !!

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.

All Users agree to be bound by the terms and conditions of this Agreement and acknowledge and accept that:

DareNET acts only as a forum and technical interface between Users and does not itself verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between users. Users must use their own judgment in evaluating the qualifications of and statements made by Users. Any opinions expressed by a User are of those of the User alone, and are not to be attributed to DareNET. DareNET cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, DareNET cannot always confirm that each User is whom they claim to be or that they can deliver services or make payments. DareNET cannot control the information provided by users. Users' information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, you agree to exercise caution, discretion and common sense when using the Service.

Information, advice, opinions or comments expressed by any User via the Service are not intended to substitute for informed professional advice. You should not use the Service for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for face-to-face professional consultation. If you have a medical or psychiatric emergency, call your physician or local emergency services immediately. DareNET is not a referral service and DareNET does not endorse or recommend the use of any professional services. You must use your judgment to determine when it is necessary to consult with a provider who is local, licensed in your state or country, available in person, or otherwise possesses qualities required to properly diagnose or advise you, especially in areas of expertise such as medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing or certification, or for high risk activities.

Modification and Termination

DareNET reserves the right in its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users' access to the Service, without notice to Users.

Without limiting other remedies, DareNET may immediately issue a warning, temporarily suspend, indefinitely suspend your use of the Service and refuse to provide our services to you for any reason, including without limitation, violation of DareNET's Acceptable Use Policy or the terms described in paragraph c. below or (1) if you breach this Agreement or the documents it incorporates by reference; (2) if DareNET is unable to verify or authenticate any information you provide to DareNET; or (3) if DareNET believes that your actions may cause legal liability for you, our users, or to DareNET. Such termination or suspension of services may be at DareNET's sole discretion.

IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE FOLLOWING DARENET'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.

Eligibility and Security

Authorized use of the Service is available only to persons who are at least 13 years old and who are otherwise capable of forming legally binding contracts under applicable law. In addition, DareNET does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens.

Users shall supervise and be solely and fully responsible for (i) all activities that occur under a User's password or account, including, but not limited to, all usage by minors of the Service, and (ii) maintaining the confidentiality of User's account, password or any personally identifiable 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 DareNET may use this information as described in DareNET's Privacy Policy. Users may not share, or transfer accounts.

User Conduct

USER SHALL NOT USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If DareNET has notice that a User has violated this term of use, DareNET may, in its sole discretion, either (1) warn the user that the User is in violation of this term of the Agreement, (2) remove the material from our site or (3) terminate the User's access to the Service without warning.

User will not display advertising or sponsorships of any kind on DareNET message boards or in other service areas, including banners that are generated by banner or link exchange services, with the sole exception of those placed there by DareNET or its affiliates;

User will not interfere with the operation of any official help boards, chats, or other services, or impede the ability of DareNET staff to perform their duties.

User shall (i) use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations; (ii) not interfere with the use and enjoyment of the Service by other Users; (iii) not interfere with or disrupt the Service or sources or networks connected to the Service; (iv) shall comply with all requirements, procedures, policies and regulations posted on the Service by DareNET from time to time and/or any networks connected to the Service; (v) not use the Service in a manner which may result in the breach of any Agreement by User with any third party; (vi) will not transmit through the Service any unlawful, harassing, defamatory, libelous, slanderous, disparaging, privacy invading, abusive, threatening, harmful, misleading, obscene or otherwise objectionable material of any kind; (vii) not use the Service for the placing of wagers or bets or other gambling activity; (viii) not use the Service in a manner that promotes or contributes to the delinquency of a minor or solicit a minor in any way through the Service; (ix) not attempt to gain unauthorized access to other computer systems or networks connected to the Site; x) not transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email or bulletin board postings; (xi) not use any information or material on this site for marketing or solicitation; (xii) not transmit broad solicitation for employees, consultants, contractors or for participation on their Web sites; (xiii) not use Service for purposes of multi-level marketing proposals, for example, offering to help participants "get rich quickly" , "lose weight now" or "make money surfing the Web," and (xiv) not transmit any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from our Users, our Staff, or the system itself.

Incorporated Agreements

In addition to the terms and conditions stated within this Agreement, Users also agree to abide by the DareNET Acceptable Use Policy (AUP).

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

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

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 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.