All use of DareNET and the services it provides (collectively the "Service") are subject to the terms of this agreement. The term "user" includes any person or entity using the Service. "DareNET" and "We" means the DareNET Network.
Any user using the Service agrees to be bound by the terms and conditions of this agreement. If you do not accept these terms, then you should not use any services provided by DareNET.
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 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.
DareNET reserves the right, in its sole discretion, to modify or discontinue the Service or modify the terms and conditions of this agreement at any time, and any such changes will be applicable to all subsequent access to or use of the Service. If any modification we make to this agreement is unacceptable to you, your only recourse is to cancel your DareNET membership, and discontinue use of the Service. Your continued use of the Service following DareNET's posting of a change notice or new agreement will constitute your acceptance of the change or new agreement.
DareNET reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Service, with or without notice.
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.
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.
YOUR ACCESS TO, USE OF AND RELIANCE ON DARENET AND CONTENT ACCESSED THROUGH THE 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 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.
DARENET AND THE DARENET REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY ACCESS TO, USE OR RELIANCE ON THE SERVICE OR CONTENT ACCESSED THROUGH THE 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 SERVICE OR CONTENT ACCESSED THROUGH THE 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 SERVICE OR CONTENT ACCESSED THROUGH THE SERVICE; ANY INABILITY TO ACCESS OR USE THE SERVICE OR CONTENT ACCESSED THROUGH THE SERVICE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE OR CONTENT ACCESSED THROUGH THE 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 SERVICE OR CONTENT ACCESSED THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SERVICE AND LINKS IN CONTENT ACCESSED THROUGH THE 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.