These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the oniondrive.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Onion Search Engine LLC (“Onion Search Engine LLC”, “we”, “us” or “our”).
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Onion Search Engine LLC, even though it is electronic and is not physically signed by you.
Accounts and Zero-Knowledge Architecture
You must be at least 18 years of age to use the Website and Services. By using the Website and Services, you warrant and represent that you are at least 18 years of age. You are responsible for maintaining the security of your account, including your private encryption keys.
Zero-Knowledge Policy: Our Service is designed with privacy and PGP encryption at its core. We do not have access to your private keys or the decrypted content of your files. Consequently, we cannot recover your data if you lose your credentials.
Account Monitoring: While we cannot access the content of your encrypted files, we reserve the right to monitor account metadata (such as bandwidth usage and storage quotas) and to investigate valid abuse reports regarding public links. We may suspend, disable, or delete your account if we determine that you have violated any provision of this Agreement or if your account is involved in illegal activities detrimental to our infrastructure.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Onion Drive prioritizes anonymity and may accept cryptocurrencies for payments.
No Refunds on Crypto: Due to the irreversible nature of cryptocurrency transactions, payments made via crypto are generally non-refundable, except where required by law. We reserve the right to change product pricing at any time.
Anonymity: We do not require government-issued ID for account creation or crypto payments. However, we reserve the right to refuse service to any account that is flagged for fraudulent payment activity or "double-spending" attacks.
Compliance with Law Enforcement
Explicit Consent to Cooperation: By using this Service, you explicitly acknowledge and agree that Onion Search Engine LLC is a legally registered entity subject to the laws of the United States and the State of New York. While we strive to protect user privacy through technical means (encryption), we are legally obligated to cooperate with law enforcement agencies and government bodies when presented with a valid court order, subpoena, warrant, or other binding legal process.
Scope of Disclosure: You understand and consent that if we are legally compelled to do so, we will disclose any data in our possession to the relevant authorities. This may include, but is not limited to:
- Account metadata (creation date, last login, storage used).
- Payment records (if applicable).
- Encrypted data blobs stored on our servers.
User Awareness: You acknowledge that while our PGP/Zero-Knowledge architecture may render the file content unreadable to us and third parties, the encrypted data itself and the account metadata will be handed over to authorities upon valid legal request without further notice to you, unless prohibited by law.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content for any unlawful purpose. Specific prohibitions include, but are not limited to:
- (a) Uploading or distributing Child Sexual Abuse Material (CSAM) or Terrorist Content. We have a zero-tolerance policy for such content and will report it to the relevant authorities immediately;
- (b) Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (c) Infringing upon our intellectual property rights or the intellectual property rights of others;
- (d) Uploading viruses, malware, or any other type of malicious code;
- (e) Phishing, spamming, or engaging in cyber-attacks (DDoS) using our infrastructure.
We reserve the right to suspend or terminate your account at our sole discretion, at any time, for any or no reason, with or without prior notice.
Sanctions and Export Policy
By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services (including but not limited to Iran, North Korea, Cuba, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine). You further represent that you are not identified as a “Specially Designated National” (SDN) by the Office of Foreign Assets Control (OFAC) or placed on other U.S. export control lists.
DMCA and Copyright Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person (“Infringement”).
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement”. You must include a detailed description of the alleged infringement and the specific URL or location of the content.
Upon receipt of a valid DMCA notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.
Uptime guarantee & Disclaimer
We offer a Service uptime guarantee of 99% of available time per month. However, the Service is provided on an “as is” and “as available” basis.
We expressly disclaim all warranties of any kind, whether express or implied. You understand and agree that any material downloaded or obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data.
Indemnification
You agree to indemnify and hold Onion Search Engine LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Onion Search Engine LLC be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including damages for lost profits or loss of data) however caused. The aggregate liability of Onion Search Engine LLC relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Onion Search Engine LLC for the prior one month period.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New York, United States.
YOU AND ONION SEARCH ENGINE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Onion Search Engine LLC agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Contacting us
If you have any questions regarding this Agreement, please contact us:
[email protected]
This document was last updated on May 26, 2024