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- Description of Service
Carnelian is providing Member with information about its business. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
- Disclaimer of Warranties.
The site is provided by Carnelian on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Carnelian makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Carnelian shall have no liability for any interruptions in the use of this Website. Carnelian disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
CARNELIAN SHALL NOT be liable for any damages whatsoever, and in particular Carnelian shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Carnelian has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Carnelian, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Carnelian reserves the right to modify or discontinue the Service with or without notice to the Member. Carnelian shall not be liable to Member or any third party should Carnelian exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Carnelian does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
- Governing Jurisdiction of the Courts Texas
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Carnelian.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
1301 McKinney, Suite 2100
Houston, Texas 77010
By Telephone: 713-322-7312
By Email: firstname.lastname@example.org
Carnelian retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Carnelian reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms