All members of this website must agree that they are 18 years of age or older.

Exemption Statement

Bareback.net, the operator of this website, is not a producer (primary or secondary) of any and all the content found on this website (bareback.net) as as defined in 28 C.F.R. § 75.1(c). All conduct of operators is limited to:

• the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). See 18 U.S.C. § 2257(h)(B)(v); 28 C.F.R. § 75.1(c)(v)


• the dissemination of a depiction without having created it or altered its content; See 28 C.F.R. § 75.1(c)(vi)


• any activity, other than those activities identified in paragraphs (c)(1) and (2) of 28 C.F.R. § 75.1, that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of depicted performers. See 28 C.F.R. § 75.1(c)(iii)

Bareback.net is not required by law to force users to comply with 18 U.S.C. § 2257, it is responsibility of the user to comply with all laws. However, Bareback.net does attmpet user compliance by implementing the following procedures:

• require all users to be 18 years of age;
• when uploading, user must certify that: 1) user is 18 years of age; 2) he/she keeps records of the models in the content and that all models are over 18 years of age;
• user must certify that the content being uploaded is either owned by the user or they are legally licensed to upload, publish, share the content at hand.

Bareback.net allows content to be reported as inappropriate. Should any content be flagged as illegal, unlawful, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected, Bareback.net shall remove it from the site without delay in a manner consistent with 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). Removing such items from the website does not constitute selection or alteration of the content of the communication. See 28 C.F.R. § 75.1(c)(v).

Users of Bareback.net who come across such content are urged to report the content as inappropirate by clicking the Report icon found next to each video.

Guidance from the Department of Justice:
http://www.usdoj.gov/criminal/optf/links/2257-compliance-guide.html

Q. How does the rule apply to social networking sites?

A. Most social networking sites would not be covered by the rule because its definition of "produces" excludes "the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the communication." Social networking sites would not then normally need to comply with the rule's record-keeping requirements, labeling requirements, or be required to maintain information concerning their users, and the rule would therefore have no effect on the operations of the site. However, users of social networking sites who post sexually explicit activity on "adult" networking sites may well be primary or secondary producers. Therefore, users of social networking sites may be subject to the rule, depending on their conduct.