TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY BEFORE ACCESSING YOUR DEEPER NETWORK ACCOUNT, OR PURCHASING OR UTILIZING DEEPER NETWORK PRODUCTS OR SERVICES
THESE TERMS AND CONDITIONS OR USE (“TERMS”), GOVERN YOUR ACCESS TO AND USE OF DEEPER NETWORK’S SERVICES INCLUDING BUT NOT LIMITED TO ALL HARDWARE; SOFTWARE; SITE(S); VPN SERVICES, DECENTRALIZED PRIVATE NETWORK (DPN) SERVICES, SERVICES; MINERS, TOKENS, DEEPER CONNECT DEVICES; APPLICATIONS; ANY ACCOMPANYING SERVICES, FEATURES, CONTENT AND APPLICATIONS ("FEATURES") OFFERED BY US, OR OTHERWISE (ALL OF WHICH COLLECTIVELY ARE REFERRED TO AS “DEEPER NETWORK SERVICES” OR “SERVICES”.) THESE TERMS SET FORTH CONSTITUTE A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (A USER) AND DEEPER NETWORK ("DEEPER" OR "US", OR "OUR" OR "WE"). PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE THE SERVICES. BY REGISTERING FOR, PURCHASING, INSTALLING, AND/OR USING DEEPER NETWORK SERVICES OR DEVICES ON ANY PLATFORM OR DEVICE YOU AGREE TO BE BOUND BY THESE TERMS. IT IS ONLY UNDER THESE TERMS THAT DEEPER NETWORK ALLOWS VISITORS / USERS (COLLECTIVELY THE “USERS”) TO USE DEEPER NETWORK SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OR ANY PROVISIONS HEREOF, PLEASE DO NOT INSTALL AND DO NOT USE OUR SOFTWARE, HARDWARE, DEVICES, APPLICATIONS, AND/OR ANY OF OUR PRODUCTS OR SERVICES. IF YOU ARE USING DEEPER NETWORK SERVICES ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND ACKNOWLEDGING THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF THAT ORGANIZATION AND COMMIT TO THESE TERMS ON BEHALF OF THAT ORGANIZATION. DEEPER NETWORK RESERVES ALL RIGHTS INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. BY USING THE DEEPER NETWORK SERVICES, YOU AGREE AND WARRANT THAT YOU WILL NOT USE THEM FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE.
We do not condone any unlawful use of the Deeper Network Services. Deeper Network Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable laws. It is your (user’s) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions, or your use of Deeper Network Services. Deeper Network may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the Deeper Network website.
Intellectual property rights
Except as otherwise indicated, all copyright rights and other intellectual property rights and proprietary information and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, content, analyses, studies, reports, downloads, and other content contained herein (henceforth "Site Content") is owned by or licensed to Deeper Network, and is protected by law. This includes copyright, database, trade secret, and trademark laws of the United States, Canada, and all applicable jurisdictions, as well as other applicable state, provincial, national, and international laws, regulations and treaties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, promissory estoppel, or otherwise, any grant, license or right to use any site content or trademarks without the prior written permission of Deeper Network or such other party that may own the trademarks or any licensed copyrights. By purchasing Deeper Network Products, Services, or Devices; or by using or accessing Deeper Network’s Site, Devices, or Services you agree to not directly or indirectly attempt to register, challenge or contest the validity or Deeper Network’s (or its licensor’s, as applicable) ownership of, such copyrights, trademarks or any other Deeper Network intellectual property, or assist any third party in doing so. Furthermore, you agree and warrant that you will use Deeper Network Services, Devices, and Sites only for legal purposes within your jurisdiction, and that you will use the Services, Devices, and Sites in a reasonable fashion as outlined by Deeper Network, and for their intended purpose ONLY as stated by Deeper Network.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and/or use a copy of the Deeper Network access software; and (2) use the Deeper Network Services, including, without limitation, the products and services made available on or through the Deeper Network access software or our website. No other right or license of any kind is granted to you hereunder with respect to the Deeper Network Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms. The Deeper Network Services, including, but not limited to, the Deeper Network access software, mobile application and all other items are owned and copyrighted by (or licensed to) Deeper Network, and are protected worldwide. We retain all rights, titles and interests in and to the Deeper Network Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Deeper Network Services. All rights are reserved unless otherwise noted.
Deeper Network guarantees a strict no-logs policy for Deeper Network Services, meaning that your activities using Deeper Network Services are provided by automated technical process, are not monitored, recorded, logged, stored, or passed to any third party. We do not store connection time stamps, session information, used bandwidth, traffic logs, IP addresses, or other data except, at some times, to delineate certain data sharing elements.
Deeper Network does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the Deeper Network Services or Devices. Therefore, Deeper Network reserves the right to suspend or terminate any account in case any violation of the Terms and Conditions of Use (to be decided at Deeper Network’s sole discretion) becomes apparent. As Deeper Network protects and respects customer privacy, it does not log or track their activity in any way. However, in the eventuality that Deeper Network would find out about an offense outside of those means (i.e., a customer would notify Deeper Network of them having done so), Deeper Network would have the right, but not the obligation, to suspend or terminate the account.
We do not log or store any records on user activity using Deeper Network Services: however, you are required to create a user account in order to use Deeper Network Services, including our VPN (DPN) services. If you choose to create a user account, you must provide some basic information, specifically: valid email address – to send the Deeper Network communication, to retrieve a lost password and to make a DPN connection; payment information – we process basic billing information through our payment processing partners for payment processing and refund requests. You must maintain and update this information current, truthful, complete and accurate. You warrant that you are authorized to provide such information. You authorize us to verify your information at any time. If it is found to be untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Deeper Network Services.
You are responsible for maintaining the confidentiality of your Deeper Network Services account access information and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.
It is the User’s choice to utilize, turn on, and/or authorize data sharing while utilizing Deeper Network products or Services. You hereby agree to hold Deeper Network harmless in your use of data-sharing features while Deeper Network Products or Services are active on your computer, phone, tablet, or other devices. Deeper Network explicitly disclaims all responsibility and liability for user’s data sharing and data usage while utilizing Deeper Network products or services and you as the User hereby accept all responsibility for all data usage and sharing, whether authorized or unauthorized by you, while utilizing or as a result of purchasing, accessing, or utilizing Deeper Network products or services.
Deeper Network Services may be used only by persons aged at least 18 years old. You are disallowed to connect and/or use the Deeper Network Services if you are a minor, a competitor of our business, if you have been or are prohibited to access the Deeper Network Services, or if your account has been suspended or closed due to any reason.
Deeper Network does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the Deeper Network Services. Therefore, Deeper Network reserves the right to suspend or terminate any account in case any violation of the Terms and Conditions of Use becomes apparent. As Deeper Network protects and respects customer privacy, it does not log or track their activity. However, in the eventuality that Deeper Network would find out about an offense outside of those means (i.e., a customer would notify Deeper Network of them having done so), Deeper Network would have the right to suspend or terminate any account associated with the offense.
Where Deeper Network makes available to you the option to automatically renew any subscription necessary to the Deeper Network Services, Deeper Network will, upon expiration of your subscription to the Deeper Network Services, automatically renew your subscription to the Deeper Network Services at the then prevailing price, using credit card information you have provided. You will be informed of the expiration of your subscription and of Deeper Network’s intent to use your credit card prior to the transaction. You may elect not to renew your subscription, at any time during your subscription period, by contacting Deeper Network and informing them of your desire not to renew your subscription prior to any such renewal. Deeper Network reserves the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.
Prohibited and restricted uses
Your access to, and use of, the Deeper Network Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Deeper Network Services to any users who infringe any applicable laws or these Terms.
While using Deeper Network Services you yourself agree not to, and agree not to assist, encourage, or enable others to use the Deeper Network Services:
- for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
- to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through Deeper Network Services;
- to exploit children in any way, including audio, video, photography, digital content, etc.;
- to upload, download, or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or to utilize another’s computer or node for unauthorized activity;
- to interfere with or attempt to interfere with the proper working of the Deeper Network Services, any transactions being offered in connection with the Deeper Network Services or any other activities conducted by us, disrupt our website or any networks connected to the Deeper Network Services, or bypass any measures we may use to prevent or restrict access to the Deeper Network Services;
- to exploit the Deeper Network Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
- to use any robot, spider, scraper, or other automated means to access our website or Deeper Network Services for any purpose without our prior written permission;
- to collect or harvest personal information about other users of the Deeper Network Services;
- to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
- to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
- to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
- to represent that you are the representative or agent of any of the Deeper Network Services, including any of its functionality;
- to incorporate the Deeper Network Services or any portion thereof into any other program or product;
- to copy or reproduce, in any form or by any means, any part of the Deeper Network Services;
- to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Deeper Network Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Deeper Network application or any portion thereof;
- to violate general ethic or moral norms, good customs and fair conduct norms;
- to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
- to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- to attempt to manipulate the Deeper Network name, services or products;
- to solicit or harvest personal information from or communicate with minors;
- attempt to gain unauthorized access to the Deeper Network Services, user accounts, computer systems or networks connected to the Deeper Network Services through hacking, password mining, brute force or any other means;
- to use the Deeper Network Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
- to use Deeper Network Services to download (bit)torrents contrary to, or in violation of, any applicable laws or regulations in any jurisdiction worldwide;
- to use Deeper Network Services in furtherance of terrorism financing, money laundering, or any other such activity which, in Deeper Network’s sole discretion, constitutes such an activity or crime. We will not tolerate this in any form.
- to otherwise infringe or circumvent these Terms.
We reserve the right to refuse service, suspend accounts or limit access to the Deeper Network Services at our sole discretion. Such suspension or access limitation may be implemented by Deeper Network instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation, or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.
We shall have the right, but not the obligation, to monitor User Content to determine compliance with these terms and conditions and any operating rules established by us and to address any law or regulation. Although we have no obligation to monitor, screen, edit or remove any of the User Content, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to any platform controlled by us at any time and for any reason. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from any User Content submitted by you or third party. We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any Deeper Network Services users; however, in case of such violations we may take appropriate action at our sole discretion.
Disclaimer of warranties
Reasonable efforts are taken to improve the accuracy and integrity of the Deeper Network Services, but we are not responsible for downtime; loss of data; corrupt data; service delay; mistakes; out-of-date information; unauthorized use of the network or services; unauthorized use of any individual’s computer or bandwidth within the network; any fines, penalties, indictments, or charges levied by any jurisdiction worldwide in connection with network use which may be in violation of any laws or regulations in any jurisdiction worldwide, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Deeper Network Services, or any functionality comprising a part of the Deeper Network Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by Deeper Network. We do not warrant, and will not have any liability or responsibility for your use of Deeper Network Services or other the products we provide. We may also impose limits on the use of or access to the Deeper Network Services, for any reason and without notice or liability. Our website, products, and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and/or other failures. We cannot predict or control when such downtime or failure may occur and cannot control the duration of such downtime.
THE DEEPER NETWORK SERVICES (INCLUDING BUT NOT LIMITED TO, WITHOUT LIMITATION, OUR SOFTWARE, HARDWARE, FEATURES, PRIVATE NETWORKS, SITE(S), MOBILE APPLICATIONS, SERVICES, AND WEBSITE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF DEEPER NETWORK SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR, OR ANY OTHER USERS, USE OF THE DEEPER NETWORK SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE DEEPER NETWORK SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE DEEPER NETWORK SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION.ADDITIONALLY, YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR FOR ANY UNAUTHORIZED USE, MISUSE, DOWNLOADS, UPLOADS, OR CORRUPTION OF YOUR COMPUTER, DATA, OR NODE BY THIRD PARTIES OR USERS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE DEEPER NETWORK SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE DEEPER NETWORK SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE DEEPER NETWORK SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION. YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK AND RESPONSIBILITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY AND DISCLAIM ALL WARRANTIES FOR ANY (I) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (II) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR SERVICES, (III) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD-PARTY SITE, (IV) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (VIII) ANY USER CONTENT.
WE SHALL NOT BE RESPONSIBLE OR HAVE ANY LIABILITY FOR ANY DELAY OR FAILURE TO PERFORM TO THE EXTENT DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, FAILURES OF YOUR TELECOMMUNICATION OR INTERNET SERVICE PROVIDERS, FORCE MAJEURE, EARTHQUAKES, FIRES, FLOODS, EMBARGOES, LABOR DISPUTES AND STRIKES, RIOTS, WAR, PLAGUES OR PANDEMICS (INCLUDING SPECIFICALLY THE COVID-19 PANDEMIC AND ALL RELATED ILLNESSES), NOVELTY OF PRODUCT MANUFACTURE OR OTHER UNANTICIPATED PRODUCT DEVELOPMENT PROBLEMS, AND ACTS OF CIVIL AND MILITARY AUTHORITIES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION OR OTHER ENGAGEMENT WITH SUCH ADVERTISING OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICES, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICES.
DEEPER NETWORK ACCEPTS NO RESPONSIBILITY FOR TOKENS (DPR TOKENS) WHICH MAY BE ACQUIRED, OWNED, POSSESSED, MINED, USED, OR TRADED BY USERS. YOU AS A USER ACCEPT ALL RESPONSIBILITY FOR MINING, STORAGE, AND USE OF ANY DPR TOKENS THAT MAY BE IN, OR COME INTO, YOUR POSSESSION. BY PURCHASING OR ACCESSING DEEPER NETWORK SERVICES AND/OR BY MINGING, OWNING, OR POSSESSING DPR TOKENS, YOU ACCEPT FULL RESPONSIBILITY FOR THE TOKENS. DEEPER NETWORK IS NOT RESPONSIBLE FOR ANY VIOLATIONS OF YOUR LOCAL LAWS OR REGULATIONS SURROUNDING YOUR OWNERSHIP OR USAGE OF DPR TOKENS. BY OWNING OR POSSESSIONING DPR TOKENS, YOU HEREBY RELEASE DEEPER NETWORK FROM ANY LIABILITY OR CLAIMS ARISING FROM YOUR USE, OWNERSHIP, POSSESSION, OR TRANSFERRING OF DPR TOKENS. ADDITIONALLY, BY PURCHASING DEEPER NETWORK CONNECT DEVICES, OR BY MINING DPR TOKENS BY ANY MEANS, INCLUDING THROUGH THE USE OF DEEPER NETWORK DEVICES, YOU HEREBY RELEASE DEEPER NETWORK FROM ANY LIABILITY OR CLAIMS ARISING FROM YOUR USE, OWNERSHIP, POSSESSIONING, MINING, STORAGE, OR TRANSFERRING OF DPR TOKENS OR OF ANY DEEPER NETWORK PRODUCTS OR SERVICES. WE FURTHER DISCLAIM ANY RESPONSIBILITY FOR THE LOSS, THEFT, CORRUPTION, ETC. OF ANY DPR TOKENS OR ANY WALLET OR CUSTODIAL LOCATION IN WHICH THEY MAY BE HELD.
DEEPER NETWORK IS NOT RESPONSIBLE FOR ANY THIRD-PARTY APPS WHICH MAY BE AVAILABLE IN OUR APP STORE. WHILE WE MAKE AND WILL CONTINUE TO MAKE EFFORTS TO ENSURE THAT THESE APPS ARE SAFE AND WILL NOT ADVERSELY AFFECT OUR USERS, WE CANNOT GUARANTEE THAT ANY SUCH APPS WILL BE COMPLETELY SAFE. YOU AGREE THAT YOUR DOWNLOAD AND/OR USE OF THESE THIRD APPS IS AT YOUR OWN RISK AND YOU ASSUME LIABILITY AND RELEASE DEEPER NETWORK FROM LIABILITY AND RESPONSIBILITY AND AGREE TO HOLD DEEPER NETWORK HARMLESS AGAINST ANY CLAIMS OR ACTIONS YOU MAY HAVE AGAINST DEEPER NETWORK AND ITS AFFILIATES, EMPLOYEES, SUBSIDIARIES, EMPLOYEES, PARENT COMPANIES, EXECUTIVES, ATTORNEYS, CONTRACTORS AND AGENTS IN CONNECTION WITH YOUR DOWNLOAD, UPLOAD, OR USE OF ANY SUCH APPLICATIONS.
Limitation of liability
There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using Deeper Network Services.
YOUR USE OF THE DEEPER NETWORK SERVICES IS AT YOUR OWN RISK. NEITHER DEEPER NETWORK NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, CONTRACTORS, OFFICERS, EXECUTIVES, OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION; LOSS OF DATA OR INFORMATION OF ANY KIND; LOSS OF BUSINESS; LOST PROFITS; UNAUTHORIZED USE OF COMPUTER, NODE, OR NETWORK; INTERRUPTION OF BUSINESS; COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE DEEPER NETWORK SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SAVE AS PROHIBITED BY LAW, THE LIABILITY OF DEEPER NETWORK SHALL NOT EXCEED WHAT THE CLIENT PAID TO DEEPER NETWORK FOR THE PROVISION OF THE DEEPER NETWORK SERVICES, AND SHALL NOT INCLUDE LEGAL COSTS OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.
DEEPER NETWORK USES ADVANCED MEASURES TO PROTECT USER INFORMATION. SUCH INFORMATION IS RESTRICTED TO EMPLOYEES WHO REQUIRE ACCESS TO SUCH INFORMATION TO PERFORM THEIR ESSENTIAL FUNCTIONS AS EMPLOYEES AND TO BETTER SERVE OUR USERS AND CUSTOMERS. PLEASE NOTE THAT NO DATA OR CYBER-SECURITY MEASURES ANYWHERE ON THE PLANET CAN GUARANTEE COMPLETE 100% PROTECTION OF OUR USER AND CUSTOMER DATA. AS SUCH, IT IS ALSO IMPOSSIBLE FOR US TO GUARANTEE SUCH PROTECTION, ALTHOUGH WE CERTAINLY DO TRY. BY UTILIZING DEEPER NETWORK’S PRODUCTS AND SERVICES YOU HEREBY AGREE THAT YOU RELEASE DEEPER NETWORK AND ITS EMPLOYEES, OFFICERS, ATTORNEYS, EXECUTIVES, AND AGENTS FROM ALL LIABILITY AND AGREE TO HOLD DEEPER NETWORK HARMLESS IN THE EVENT THAT YOUR PERSONAL DATA OR DEVICES ARE COMPROMISED WHILE UTILIZING DEEPER NETWORK PRODUCTS OR ACCESSING ANY DEEPER NETWORK FEATURES.
You agree, at your own expense, to indemnify, defend and hold harmless Deeper Network, its parent corporations, subsidiaries and affiliates, parents, and their officers, directors, executives, contractors, employees, agents, attorneys, distributors and licensees, (Collectively “Deeper Network Parties”) from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred by any you or of the Deeper Network Parties in connection with any claim arising out of your use of the Site, Tokens, Networks, Devices, or Services, any use or alleged use of your account, password, bandwidth, node, network, or computer by any person, whether or not authorized by you, your violation or breach of this Agreement, or your violation of the rights of any other person or entity.
Deeper Network Services are not geographically limited; however, we make no representations or warranties that the Deeper Network Services are appropriate for use or access in your location and jurisdiction. DEEPER NETWORK DISCLAIMS ALL LIABILITY AND ALL RESPONSIBILITY FOR USER ACTIVITY INCLUDING BUT NOT LIMITED TO ANY USER TRAFFIC, DOWNLOADS INCLUDING BUT NOT LIMITED TO (BIT)TORRENT DOWNLOADS, UPLOADS, OR OTHER ACTIVITIES. USER ACKNOWLEDGES AND UNDERSTANDS THAT ACCESS TO DEEPER NETWORK SERVICES MAY CAUSE OUTSIDE ACCESS TO, OR USE OF BANDWIDTH, BY OTHER PARTIES INCLUDING OTHER USERS OF DEEPER NETWORK SERVICES. BY PURCHASING AND/OR ACCESSING DEEPER NETWORK SERVICES, YOU CONSENT TO BECOME A NODE OPERATOR WITHIN DEEPER NETWORK’S DECENTRALIZED PRIVATE NETWORK. EACH NODE OPERATOR IS EMPOWERED TO BE BOTH A CLIENT AND A SERVER; SO YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE RISKS INHERENT IN THIS FACT, INCLUDING SPECIFICALLY THE POTENTIAL UNAUTHORIZED USE OF YOUR NODE OR BANDWIDTH BY OTHER USERS OR THIRD PARTIES, AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY FINES, PENALTIES, OR OTHER CONSEQUENCES AS A RESULT OF ANY USE OF DEEPER NETWORK SERVICES WHICH MAY VIOLATE ANY RULES OR REGULATIONS OF YOUR LOCAL JURISDICTION. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE TO SHARE BANDWIDTH, AGREE THAT YOU HAVE GIVEN CONSENT TO DO SO, AND ACCEPT ALL RISK AND RESPONSIBILITIES OF SHARING BANDWIDTH. IF YOU WISH TO RESTRICT OR SUSPEND BANDWIDTH SHARING, YOU CAN DO SO BY DISABLING SHARING UNDER THE "Sharing -> Sharing Config" TAB IN ATOMOS.
You access and use the Deeper Network devices and services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Deeper Network Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time for any reason.
Electronic communications You consent to receive communications from us electronically, e.g. by email, application messages, text message, etc. We will communicate with you through the email or phone number that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Deeper Network Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.
Links to other Sites
Our site, network, or other sites you may visit may contain links to third-party web sites. The linked sites are not under the control of Deeper Network, and Deeper Network is not responsible for the contents of any linked site. Deeper Network may choose to provide these links as a convenience, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Deeper Network. Linked sites are owned and operated by independent retailers or service providers, and therefore, Deeper Network cannot ensure that you will be satisfied with their products, services, or business practices. You should make whatever investigation you feel necessary or appropriate, including reviewing their Terms and Conditions of Use, Privacy Policies, and other policies before proceeding with any transaction with any of these third-parties.
Automatic Software Updates and Upgrades
The Software may be automatically updated or upgraded at our discretion and without any action on your part. The updates and upgrades may include error corrections, bug fixes, updates, upgrades, software compatibility components, security updates, and new features or functionalities. The updates or upgrades will be deemed part of the Deeper Network services, and will be subjected to the terms of this agreement, unless the updates or upgrades are expressly provided subject to a separate Agreement. We reserve the right to change, modify or alter the Software or the Services, or any portion of them (including their names, title, logo or design) and/or to completely cease providing the Services in our sole discretion.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You also agree that you may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions of Use.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with laws of the State of Delaware. You agree that all claims or disputes you may have against Deeper Network arising from or relating to the operation or use of our Site or Deeper Network Services will be heard and resolved according to the section below captioned “Dispute Resolution – Mandatory Arbitration and Class Action Waiver.” If you chose to access this site from locations other than Delaware, you agree that you are solely responsible for compliance with all local laws of such other jurisdiction.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
1. Binding Arbitration
Except as specifically stated herein, any dispute or claim between you and Deeper Network arising out of, or relating in any way to, the Terms and Conditions of Use, the site, network, DPN, content, downloads, violations of and local laws or regulations, or any authorized or unauthorized use of the Site or the Interactive Areas (“Disputes”) shall be resolved exclusively by final, binding arbitration. By virtue of this Arbitration Agreement (defined below), you and Deeper Network are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section). The provisions of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section shall constitute your and Deeper Network’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and Deeper Network. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in the below “Time Limitations” section of this DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” Section and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address:
Attn: Deeper Network.
5200 Great America Pkwy
Santa Clara, CA 95054
United States of America
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Santa Clara, California, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in the continental United States of America).
No Class Action Matters
We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, consolidated or representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator shall not have the power to vary these provisions.
Choice of Law and Forum; No Jury Trial
If for any reason a Dispute proceeds in court: (a) you agree that any such Dispute may only be instituted in a state or federal court of competent subject matter jurisdiction located in Delaware (b) you and Deeper Network irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes, stipulate to the fairness and convenience of such courts and covenant not to assert any objection to proceeding in such courts; (c) you and Deeper Network agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the state of Delaware, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (d) you and Deeper Network agree to waive any right to a trial by jury or judge.
Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the “Intellectual Property Rights” section of the Terms and Conditions of Use.
If either of us wants to assert a Dispute against the other, the party with a Dispute must initiate arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
Infringement Notices and Counter-Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification by providing our agent with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can submit such complaints via our help desk at https://support.deeper.network. You acknowledge that if you fail to comply with all of the requirements of this section, your infringement notice may not be valid.
If a provision of these Terms and Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full effect.
We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability, as indicated below. We also reserve the right to modify, update, or suspend the operation of the Deeper Network Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
All users of Deeper Network Services are obliged to ensure that they are familiar with the most current wording of the Terms. By purchasing, using, or accessing the Deeper Network Services you agree that you are familiar with, and have accepted and agreed to, the most current wording of the Terms and Conditions of use. Since you agree to be bound by these Terms each time you use the Deeper Network Services, please review the Terms each time you use the Deeper Network Services. Each update of the Terms comes into force as of the moment when it is published on the web page and/or your account. You understand and agree that any continued use and access to the Deeper Network Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms and Conditions of Use. The Terms constitute an agreement between you and us regarding the use of the Deeper Network Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
The failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Agreement, including the policies you may be referred to in the Agreement, constitute the entire Agreement between you and us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Should you have any questions about these Terms and Conditions of Use, please contact us at https://support.deeper.network