Terms of Service

Revision as of 12:05, 15 August 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 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.

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 DareBER 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.

Agreement to Acceptable Use Policy

You agree to abide by the DareNET Acceptable Use Policy (AUP), including but not limited to, agreeing not use this site for any unlawful purpose or for any purpose explicitly prohibited by this ToS or the AUP.

Agreement to Channel Registration Guidelines

If you register a channel on DareNET, or help manage a registered channel, you 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

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.

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

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.