Texas Matrix may collect various types of personally-identifiable information including name, ip address, ISP routing, peering network, address, telephone number, e-mail address, and other information that, either alone or in combination with other kinds of information, may personally identify Users. Texas Matrix may collect personally identifiable information from Users in a variety of ways, including through the use of white-hat and black-hat techniques to ensure CIA Triad Information Security.
Texas Matrix may also collect information about how Users use our resources, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use “cookies” to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.
Texas Matrix may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Texas Matrix and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with Texas Matrix and such affiliates, independent contractors and business partners. Texas Matrix may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of Texas Matrix, its trusted affiliates, independent contractors and business partners.
Texas Matrix may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to cybersecurity and law enforcement agencies. Finally, we may transfer information collected from Users in connection with a sale of Texas Matrix’s business.
Texas Matrix maintains a neutral stance in regards to regime policies and cyberwarfare. Texas Matrix is directed at and made available to Asymmetric Warfare Specialists, Internet Professionals, and the General Public as an information and resource portal. Texas Matrix acts with regard to these specialized groups and appreciates the recognition of neutrality by said regimes, agents, and independants.
Texas Matrix servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Texas Matrix’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Texas Matrix’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Texas Matrix customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Texas Matrix customer (per the DMCA) to Texas Matrix must follow the below procedures. Copyright infringement notifications submitted to Texas Matrix according to these procedures will be processed within 21 days of receipt.
DMCA Copyright Infringement Notification Requirements
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Privacy
Texas Matrix is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Texas Matrix urges its users to assume that all of their on-line communications are insecure. Texas Matrix cannot take any responsibility for the security of information transmitted over Texas Matrix’s facilities.
Indemnification
Texas Matrix users agree to protect, defend, hold harmless, and indemnify Texas Matrix, any third party entity related to Texas Matrix (including, without limitation, third party vendors), and Texas Matrix’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Texas Matrix, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Texas Matrix’s services.
Disclaimer
The Texas Matrix service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Texas Matrix expressly disclaims any representation or warranty that the Texas Matrix service will be error-free, secure or uninterrupted. No oral advice or written information given by Texas Matrix, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Texas Matrix and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Modifications
Texas Matrix may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide users with Texas Matrix’s services. Certain changes to Texas Matrix’s services may affect the operation of customers’ personalized applications and content. Each user is solely responsible, and Texas Matrix is not liable, for any and all such personalized applications and content, except as expressly agreed to by Texas Matrix.
Non-Texas Matrix Products
Any mention of non-Texas Matrix products by Texas Matrix, its employees, or any third party entity related to Texas Matrix is for information purposes only and does not constitute an endorsement or recommendation by Texas Matrix. Texas Matrix disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Texas Matrix products or services.
Texas Matrix’s Intellectual Property
Users will not, without Texas Matrix’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Texas Matrix’s Web site, and customers will not use any of Texas Matrix’s trademarks, service marks, copyrighted materials, or other intellectual property without Texas Matrix’s express written consent. Users will not, in any way, misrepresent their relationship with Texas Matrix, attempt to pass themselves off as Texas Matrix, or claim that customers are Texas Matrix. Texas Matrix logo and name are registered trademarks of Texas Matrix, Inc. DMCA violations of our domain, content, or trademark will be met with immediate civil action.
Assignment
Users may not assign or delegate their rights or obligations under the TOU or other agreement for Texas Matrix’s services, either in whole or in part, without the prior written consent of Texas Matrix.
Governing Law and Severability
The TOU, and any other agreement for Texas Matrix services, will be governed by and construed in accordance with the laws of the State of Texas, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Texas Matrix will take place in Texas, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Texas Matrix agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Force Majeure
Texas Matrix will not be liable for delays in its performance of the TOU or Texas Matrix services caused by circumstances beyond Texas Matrix’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Texas Matrix will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Texas Matrix services, constitutes the complete understanding and agreement between Texas Matrix and its users. Except when expressly agreed to the contrary in signed writing by an authorized representative of Texas Matrix, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Texas Matrix services is between Texas Matrix and its users only and will not confer any rights in any third party except as otherwise expressly provided by Texas Matrix.