Last modified on 1 OCT 2016
Welcome to the Internet Relay Chat (IRC) platform operated by DareNET consisting of the web site and all related services, software applications and networks that allow for connecting and communicating with people over the Internet (the "DareNET Servce"). The DareNET Service also includes any other sites or services that link to these terms of service (the "Terms of Service"). Other services offered by DareNET may be subject to separate terms (in which case we will let you know what terms will apply to those services).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE DARENET SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE DARENET SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH DARENET ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH ORGANIZATION.
The DareNET Service is not available to any users who have been suspended or removed ("banned") from the DareNET Service by DareNET.
When using the DareNET Service, you will be subject to any additional guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the "Guidelines"). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e., they are made part of these Terms of Service).
DareNET reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at anytime (for example to reflect updates to the DareNET Service). If DareNET changes these Terms of Service, we will provide you notice of these changes, such as by sending an email, posting a notice on the DareNET Service or updating the "Last modified" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the DareNET Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Service, the amended terms will automatically be effective thirty days after they are intially posted on the DareNET Service unless you contact us to discuss any questions or comments during that time period. We will always make a reasonable effort to notify you if we do change these Terms of Service.
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 DareNET Service indicates acceptance of these checks. If any such software is detected, your computer may be blocked from further use of the DareNET Service.
You may wish to open a DareNET account with us for a number of reasons, including a more personalized DareNET experience, to protect your IRC identity, register channels, etc.
While DareNET uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, mobile devices, and for all activities that occur under your account or password. Please make sure you provide to DareNET on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.
Here are some commitments you make to us relating to registering and maintaining security of your account:
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you must immediately notify DareNET at email@example.com.
DareNET reserves the right, in our sole discretion, with or without notice, to terminate your use of the DareNET Service, and to block or prevent your future access to and use of the DareNET Service. Your only remedy with respect to any dissatisfaction with (i) the DareNET Service, (ii) the term of these Terms of Service, (iii) any policy or practice of DareNET in operating the DareNET Service, or (iv) any content or information transmitted through the DareNET Service, is to terminate your account an discontinuing use of any and all parts of the DareNET Service.
YOUR ACCESS TO, USE OF AND RELIANCE ON DARENET AND CONTENT ACCESSED THROUGH THE DARENET SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, DARENET ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO : (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE DARENT SERVICE AND CONTENT ACCESSED THROUGH THE SERVICE.
Some jurisdictioms do not allow the exclusion of warranty, so the above exclusions may not apply to you.
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union).
You agree to indemnify, and hold harmless DareNET, its affilates, staff, agents, and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the DareNET Service, any content you post or send, store, or otherwise transmit in or through the DareNET Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, covenants made by you herein. DareNET reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to idemnify DareNET, and you agree to cooperate with DareNET's defense of these claims. DareNET will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
DARENET AND THE DARENET REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY ACCESS TO, USE OR RELIANCE ON THE DARENET SERVICE OR CONTENT ACCESSED THROUGH THE DARENET SERVICE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSONS OR ORGANIZATION ARISING OUT OF OR RELATED TO THE DARENT SERVICE OR CONTENT ACCESSED THROUGH THE DARENET SERVICE, INCLUDING BUT NOT LIMITED TO LIABILIY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF DARENET OR ANY DARENET REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLES OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE DARENET SERVICE OR CONTENT ACCESSED THROUGH THE DARENET SERVICE; ANY INABILITY TO ACCESS OR USE THE DARENET SERVICE OR CONTENT ACCESSED THROUGH THE DARENET SERVICE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE OR CONTENT ACCESSED THROUGH THE DARENET SERVICE.
THESE LIMITATIONS SHALL APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE DARENET SERVICE OR CONTENT ACCESSED THROUGH THE DARENET SERVICE (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE DARENET SERVICE AND LINKS IN CONTENT ACCESSED THROUGH THE DARENET SERVICE).
User hereby releases DareNET and each of the DareNET Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed an undisclosed, arising out of or in any way related to the service or content accessed through the service, or any interactions with others arising out of or related to the service or content accessed through the service, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
These Terms of Service constitute the entire agreement between you and DareNET and supersede any prior written or oral agreement. Other then the DareNET Representatives (who are expressly included as named third-party beneficiaries of the Terms of Service), there are no third-party beneficiaries to the Terms of Service.