These Terms of Service govern your use of the services provided by Mibbit and any chat, text, uploads, or other information appearing on the services.
Your access to and use of Mibbit is conditional on your acceptance of these Terms.
By accessing or using the services you agree to be bound by and comply with these Terms.
Mibbit Terms of Service.
2. Information about ushttp://mibbit.com is a site operated by Mibbit Limited ("We"). We are registered in England and Wales as a limited company No. 06946312.
3. Terms of Service
3.1 Accessing our siteAccess to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. You must be aged 13 years or older whether using the site as a guest or a registered user. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service. When using our site, you must comply with the provisions of our general rules. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.2 Reliance on information postedCommentary and other materials posted using our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
3.3 Our site changes regularlyWe aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
3.4 Our liabilityThe material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
3.6 Transactions concluded through our siteContracts for the supply of services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
3.7 Uploading material to our siteWhenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in this document and associated policies.
3.8 Intellectual property rightsWe are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you are embedding or displaying our services on another site you must not cover, hide or obscure any part of our services such as the Mibbit widget, advertisements or other items. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. If you print off, copy or download any part of our site in breach of these Terms of Service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.9 Misuse - Viruses, hacking and other offencesYou must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to evade a ban, falsify your identity or achieve anonymity. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. You must not distribute, promote or link to software viruses or any other code designed to capture information, disrupt or interrupt the functionality of software or hardware equipment.
3.10 General conduct
3.10.1 Age requirementYou must be aged 13 years or older to use our site and services whether as a guest or as a registered user.
3.10.2 Disruptive behaviorDisruptive behavior includes but is not limited to the following; You must not impersonate another user You may not Private Message (PM) another user without first asking and obtaining their permission You must not give out or promote information that you know is false or misleading Please use normal case - DONT SHOUT WITH CAPS! Do not spam or flood (repeatedly send the same information) Messages which are hateful, intimidating, harrassing, offensive, threatening or promotes harm to others are forbidden, using language of this kind will result in you being banned. You must follow the General Rules and the direction of the channel operators on Mibbit If you are using Mibbit to access another chat service (for example another IRC network) then the rules and terms in effect on those services take precedence over the clauses in this section 3.10.2.
3.10.3 Exploitation of childrenYou may not use Mibbit if you have been convicted of violent or abusive offenses towards children, or have been labelled as a 'sex offender' or have been charged with violent or abusive offenses towards children by any government or legal authority. You must not engage in a conversation of an adult or sexual nature with any other user who is, or purports to be, under the age of 18. You may not use Mibbit to share or distribute any content or material which exploits children or is harmful to children. We will report any attempt of this kind to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3.10.4 Adult contentYou may not share or post content of a lewd, obscene or sexual nature on a channel if children aged under 18 are likely to be present. If you choose to share content of this kind in a private channel you must first request permission of the channel operators and must also warn that the content is of an adult nature.
3.10.5 AdvertisingAdvertising is prohibited. You may not use Mibbit services to advertise, promote or solicit any business, product or service, free or otherwise.
3.11 Registering and using channel(s)When you register a channel on irc.Mibbit.net you are the responsible party for moderating those channel(s). You agree to take reasonable steps to ensure that use of the channel(s) does not extend to messages which are obscene, vulgar, sexually-oriented, hateful, threatening or otherwise violative of any laws. You agree also to promote the General Rules as guidance for the behavior of users and operators. Mibbit accepts that it is impossible for you to review all chat, but you are expected to take reasonable steps. Mibbit will not be held responsible for the content of any chat using its widget. If the channel you have registered is of an adult nature you must clearly state that it is intended only for those over age 18 by including a reference to this in the channel topic. You must not include links to content of an adult or sexual nature in the channel topic.
3.12 Excessive bandwidth useIn the event that your usage creates excessive bandwidth to or from Mibbit we reserve the right to review this with you and identify ways in which it can be kept to an acceptable level. If excessive bandwidth usage continues over an extended period of time we reserve the right to revoke your access to the site.
3.13 Bots and automationIn the event that bots, auto-connect or any other use of automation by you is found to be excessive we reserve the right to review your account with you and recommend alternative use. If excessive use of bots, auto-connect or automation continues over an extended period we reserve the right to revoke your access to the site. You may not use or run bots designed to spam, flood, act as trojan or zombies. Friendly bots are welcome.
3.14 Linking to our siteYou may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. You may use links to our site for the purposes of using our widget provided that you have completed all required registration requirements and complied with the Terms of Service. If you wish to make any use of material on our site other than that set out above, please address your request to enquiries@Mibbit.com.
3.15 Links from our siteWhere our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3.16 Reliance on 3rd party networksMibbit makes network connections on your behalf to services and IRC networks which you request and provide through use of the Mibbit widget on your site, or use of the Mibbit client. Mibbit makes all reasonable efforts to connect successfully but cannot be held liable for non-connection of any kind caused either permanently or temporarily. Mibbit takes steps to provide connection security and performance by being clear and open about its policies and requirements on your behalf, this process requires cooperation of the service or IRC network in order to work optimally. Mibbit reserves the right to revoke connections to a service or IRC network if they are unable to comply with security requirements designed to protect the Mibbit service and it's users.
3.17 Jurisdiction and applicable lawThe English courts in the United Kingdom will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Service are governed by English law.
3.18 Trade marks"Mibbit" is a registered trade mark of Mibbit Ltd.
3.19 VariationsWe may revise these Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on our site.
5. Your concernsIf you have any concerns about material which appears on our site, please get in touch with us by emailing firstname.lastname@example.org Thank you for visiting our site.
Mibbit General Rules