TERMS OF SERVICE

1.Acceptance of Terms. Welcome to Carbonite! By using one or more of the features (individually and collectively, the “Service”) of this Internet Website (the “Website”), You indicate Your unconditional acceptance of the following Terms of Service (“TOS”). Please read them carefully, as they may have changed since Your last visit. The most recent version of these terms and conditions may be viewed here. The TOS may change from time to time, at Company’s discretion, and with notice to You solely by posting the amended TOS on the Website. Use of the Service and of the Website after a change will subject You to the new terms. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE. VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

2.Scope of Service. Carbon Based Creations, LLC ("Company" or "We") maintains this Website and the Service, including online discussion forums and chat rooms, for the user community that visits the site, as subject to the TOS. We may alter, suspend, restrict or discontinue this Website or the Service, in whole or in part, at any time and for any reason, without notice or liability to You. We may deny access to any user at any time and for any reason. The Website and/or the Service may also periodically become unavailable due to maintenance or malfunction of computer equipment or other reasons.

3.Website Content. Subject to the TOS, Company grants to You a terminable, at-will, non-exclusive, non-transferable right to access, use, and to display the Service and the Content of the Website, all for Your personal, non-commercial use. You may not transfer, lend, or resell any of the rights granted to You. No framing or deep-linking to Content in the Website is permitted. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website, whether created by Company or provided by another person, for display on the Website.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to information without obligation to issue any notice of such changes.
You may view Content that is available on this Website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.

4.Indemnification. By using the Service and the Website, You agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with Your use of the Service and the Website.

5.Content Submitted by Users
a. Accuracy. You may use this Website without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if You choose to provide information to register for or participate in the Service, You agree that You will provide accurate, complete, and up to date information as requested on the screens that collect information from You. When You create an account, You agree to accept responsibility for all activities that occur under Your account or password.
b. Liability. We are not responsible or liable for the conduct of Website visitors or for views, opinions, and statements expressed in Content submitted for public display through the Service, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, and we are not responsible for such non-Company provided Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Company. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content You submit is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting, or submission of Content to this Website.
We reserves the right to edit or remove any material submitted to or posted in any online discussion forum or chat room, including but not limited to any messages or postings that Company deems, in its sole discretion, to be abusive, defamatory, in violation of copyright, trademark or another intellectual property right of any third party, or that is otherwise deemed inappropriate or in violation of the TOS. Notwithstanding, Company is not obligated to take any such actions, and will not be responsible for monitoring, editing, or removing any Content submitted by others, or to determine compliance with the TOS.

6.Prohibited Conduct. By accessing the Website or the Service, You agree to abide by the following standards of conduct. You agree that You will not, and will not authorize or facilitate any attempt by another person to, use our Website or any related chat room or online discussion forum to:
a. Transmit or post any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Company.
b. Use a name or language that Company, in its sole discretion, deems offensive.
c. Transmit or post hateful, racially or ethnically objectionable Content, or Content that promotes violence or illegal acts.
d. Transmit or post Content that infringes another's copyright, trademark, or trade secret.
e. Transmit or post unsolicited advertising or unlawfully promote products or services.
f. Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
g. Impersonate another person.
h. Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
i. Exploit children under 18 years of age.
j. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
k. Introduce viruses, worms, Trojan horses, and/or harmful code to the Website.
l. Obtain unauthorized access to any computer system through the Website.
m. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
n. Solicit personal information from children under 13 years of age.
o. Violate any federal, state, local, or international law or regulation.
p. Encourage conduct that would constitute a criminal or civil offense.

7.Indemnity. In the event You breach any provision of the TOS, or if any claims are made against Company (including its employees, officers, agents, representatives, and/or directors), You shall be liable to Company for all damages, costs, judgments, expenses (including reasonable attorneys’ fees), which Company incurs.

8.Children. This Website is intended to serve a general audience and does not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.

9.Intellectual Property Rights. Unless otherwise noted, all Company-provided Content contained on this Website is the property of Company, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. You may not republish, retransmit, or otherwise distribute any of the Company-provided Content. You may not copy or adapt any code that comprises the Website software, or otherwise reverse engineer, decompile or disassemble any such code, nor shall you insert any code to manipulate Content in any way that affects any user’s experience.
Product names are trademarks or registered trademarks of their respective owners.
By submitting Content, You agree to grant Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

10.Copyright Infringement; Notice and Take Down Procedures. If You believe that any materials on this Website infringe Your copyright, You may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (a) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (b) identification of the material that You believe to be infringing and its location, including a description of the material, its Website location, or other pertinent information that will help us to locate the material; (c) Your name, address, telephone number, and email address; (d) a statement that You have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in Your claim is accurate; and (f) a statement that "under penalty of perjury," You declare that You are the lawful copyright owner or are authorized to act on the owner's behalf. For copyright issues relating to this Website, please contact: copyright@carboniteaddon.com

11.Security. When You register to participate in the Service, You may be required to establish a login identifier and a password. You are responsible for protecting Your login and password from unauthorized use, and You are responsible for all activity that occurs on Your account. You agree to notify us immediately if You believe that Your login or password has been or may be used without Your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by Your failure to safeguard Your login and password.
You grant permission for Company to access Your account to follow a court order, complaint, subpoena or a legal request or inquiry from a governmental authority, or in accordance with applicable laws and regulations.
Further, Company may use encryption technology for sales of software. Should You purchase software on the Website, using a credit card, You should be aware that there is no guarantee by Company nor by any vendor to Company that such encryption technology will operate as intended or that a third party is not able to access Your information. By sending sensitive information in connection with Your use of the Website, You agree that Company does not and will not have any liability to You if the applicable encryption technology fails to protect Your information.

12.Disclaimer of Warranty. Under no circumstances will we be liable for any loss or damage caused by Your reliance on information in any Content on this Website. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through this Website. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content.
ALL TEXT, IMAGES, CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (B) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13.Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO ANY VISITOR TO THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO, OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

14.Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15.No Implied Endorsements. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party. Likewise, a link to any non-Company Website does not imply that We endorse or accept any responsibility for the content or use of such a Website.

16.Jurisdiction. We make no representation that information on this Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

17.Termination. We may terminate Your account and Your access to our Website, including access to any Service, in our sole discretion, for any reason and at any time, with or without prior notice. You agree that we are not liable to You or any third party for any termination of Your access to our Website and/or to any Service.

18. Enforcement. The TOS shall be governed and interpreted pursuant to the laws of the State of Illinois, excluding its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In any action or suit to enforce any right or remedy under this Agreement or to interpret any of its provisions, the state or federal courts located in the State of Illinois shall have exclusive jurisdiction over any such suit or action, and You hereby agree to submit to the jurisdiction of such courts.

19.General. If any part of the TOS is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by Company to enforce any provision of the TOS shall not be construed as a waiver of any rights under such provision. The TOS constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting. Company may at any time transfers its rights and obligations under this Agreement to any affiliate or to any entity that acquires Company or any of its assets.

20.For Additional Information. If You have any questions about the TOS, please contact: Webmaster, Company, at info@carboniteaddon.com.

12/14/2007