| MIDASoft
Inc. has no obligation to monitor
the Communication Services.
However, www.MidasUser.com
reserves the right to review
materials posted to a Communication
Service and to remove any materials
in its sole discretion. MIDASoft
Inc. reserves the right to terminate
your access to any or all of
the Communication Services at
any time, without notice, for
any reason whatsoever.
www.MidasUser.com reserves
the right at all times to
disclose any information as
MIDASoft Inc. deems necessary
to satisfy any applicable
law, regulation, legal process
or governmental request, or
to edit, refuse to post or
to remove any information
or materials, in whole or
in part, in www.MidasUser.com's
sole discretion.
Always use caution when giving
out any personally identifying
information about yourself
in any Communication Service.
www.MidasUser.com does not
control or endorse the contents,
messages or information found
in any Communication Service
and, therefore, www.MidasUser.com
specifically disclaims any
liability with regard to the
Communication Services and
any actions resulting from
your participation in any
Communication Service.
Managers and hosts are not
authorized www.MidasUser.com
spokespersons, and their views
do not necessarily reflect
those of MIDASoft Inc..
Materials uploaded to a Communication
Service may be subject to
posted limitations on usage,
reproduction and/or dissemination.
You are responsible for adhering
to such limitations if you
download the materials.
MATERIALS PROVIDED TO OR POSTED
AT THE www.MidasUser.com
WEB SITE
www.MidasUser.com does not
claim ownership of the materials
you provide to www.MidasUser.com
(including feedback and suggestions)
or post, upload, input or
submit to the www.MidasUser.com
Site/Service or its associated
services for review by the
general public (each a "Submission"
and collectively "Submissions").
However, by posting, uploading,
inputting, providing or submitting
your Submission you are granting
www.MidasUser.com and its
affiliated companies necessary
sublicensees permission to
use your Submission in connection
with the operation of their
Internet businesses including,
without limitation, the rights
to: copy, distribute, transmit,
publicly display, publicly
perform, reproduce, edit,
translate and reformat your
Submission; and to publish
your name in connection with
your Submission.
No compensation will be paid
with respect to the use of
your Submission, as provided
herein. www.MidasUser.com
is under no obligation to
post or use any Submission
you may provide and www.MidasUser.com
may remove any Submission
at any time in its sole discretion.
By posting, uploading, inputting,
providing or submitting your
Submission you warrant and
represent that you own or
otherwise control all of the
rights to your Submission
as described in this section
including, without limitation,
all the rights necessary for
you to provide, post, upload,
input or submit the Submissions.
SOFTWARE AND CONTENTS AVAILABLE
THROUGH THE www.MidasUser.com
SITE/SERVICES
All contents and software (if
any) that are made available
to view and/or download in connection
with the www.MidasUser.com
Site/Services, excluding contents
and/or software that may be
made available by end-users
through a Communication Service,
("Software") is owned
by and is the copyrighted work
of www.MidasUser.com and/or
its suppliers and is protected
by copyright laws and international
treaty provisions.
Your use of the Software is
governed by the terms of the
end user license agreement,
if any, which accompanies or
is included with the Software
("License Agreement").
You may not install or use any
Software that is accompanied
by or includes a License Agreement
unless you first agree to the
License Agreement terms.
For any Software not accompanied
by a license agreement, MIDASoft
Inc. hereby grants to you, the
user, a revocable personal,
non-transferable license to
use the Software for viewing
and otherwise using the MIDASoft
Inc. Site/Services in accordance
with these Terms of Use, and
for no other purpose provided
that you keep intact all copyright
and other proprietary notices.
Any reproduction or redistribution
of the contents and/or Software
is expressly prohibited by law,
and may result in severe civil
and criminal penalties. Violators
will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE
CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE MIDASoft
Inc. SITE/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE www.MidasUser.com
SITE /SERVICES AND TO THE INFORMATION
THEREIN.
www.MidasUser.com AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES
IN THE MIDASoft Inc. SITE /SERVICES
AT ANY TIME.
www.MidasUser.com AND/OR
ITS RESPECTIVE SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS,
LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND ACCURACY OF
THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN
THE www.MidasUser.com SITE/SERVICES
FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND.
www.MidasUser.com AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO
THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT
www.MidasUser.com SHALL
NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA,
ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR
RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE MIDASoft
Inc. SITE/SERVICES. YOU SPECIFICALLY
AGREE THAT www.MidasUser.com
IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY
OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY AGREE THAT
www.MidasUser.com IS NOT
RESPONSIBLE FOR ANY CONTENT
SENT USING AND/OR INCLUDED
IN THE MIDASoft Inc. SITE/SERVICES
BY ANY THIRD PARTY.
IN NO EVENT SHALL MIDASoft
Inc. AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF
THE www.MidasUser.com SITE/SERVICES,
WITH THE DELAY OR INABILITY
TO USE THE www.MidasUser.com
SITE/SERVICES OR RELATED SERVICES,
THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH
THE www.MidasUser.com SITE/SERVICES,
OR OTHERWISE ARISING OUT OF
THE USE OF THE www.MidasUser.com
SITE/SERVICES, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE,
EVEN IF www.MidasUser.com
OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
GENERAL TERMS REGARDING USE
AND STORAGE
You agree that www.MidasUser.com
may establish limits concerning
use of any service offered
on the www.MidasUser.com
Website, including without
limitation, the maximum number
of days that e-mail messages
will be retained by the service,
the maximum number of e-mail
messages that may be sent
from or received by an account
on the service, the maximum
size of an e-mail message
that may be sent from or received
by an account on the service,
the maximum disk space that
will be allotted on MIDASoft
Inc.'s servers on your behalf,
and the maximum number of
times and duration you may
access the service in a given
period of time.
You agree that www.MidasUser.com
has no responsibility or liability
for the deletion, corruption
or failure to store any message
or other contents maintained
or transmitted by the service.
You acknowledge that MIDASoft
Inc. reserves the right to
delete accounts that are inactive
for an extended period of
time.
www.MidasUser.com MAKES
NO WARRANTY THAT ANY SERVICE
WILL BE
UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE.
SERVICE CONTACT: swshim@midasuser.com
TERMINATION/ACCESS RESTRICTION
www.MidasUser.com reserves
the right, in its sole discretion,
to terminate your access to
any or all www.MidasUser.com
Site/Services and the related
services or any portion thereof
at any time, without notice.
www.MidasUser.com may also
terminate or suspend your
access to the www.MidasUser.com
Site/Services for inactivity,
which is defined as failing
to log into a particular service
for an extended period of
time, as determined by www.MidasUser.com.
Upon termination of the www.MidasUser.com
Site/Service, your right to
use the MIDASoft Inc. Site/Service
immediately ceases.
www.MidasUser.com shall
have no obligation to maintain
any content or to forward
any unread or unsent messages
to you or any third party.
NO SPAM; DAMAGES
www.MidasUser.com will
immediately terminate any
account which it believes,
in its sole discretion, is
transmitting or is otherwise
connected with any spam or
other unsolicited bulk email.
In addition, because damages
are often difficult to quantify,
if actual damages cannot be
reasonably calculated then
you agree to pay MIDASoft
Inc. liquidated damages of
$5 (US Currency) for each
piece of spam or unsolicited
bulk email transmitted from
or otherwise connected with
your account, otherwise you
agree to pay www.MidasUser.com's
actual damages, to the extent
such actual damages can be
reasonably calculated.
GENERAL
This agreement is governed
by the laws of the State of
Washington.
You hereby irrevocably consent
to the exclusive jurisdiction
and venue of courts in the
State of Washington in all
disputes arising out of or
relating to the use of the
www.MidasUser.com Site/Services.
Use of the www.MidasUser.com
Site/Services is unauthorized
in any jurisdiction that does
not give effect to all provisions
of these terms and conditions,
including without limitation
this paragraph. You agree
that no joint venture, partnership,
employment, or agency relationship
exists between you and www.MidasUser.com
as a result of this agreement
or use of the www.MidasUser.com
Site/Services. You agree to
indemnify and hold MIDASoft
Inc., its parents, subsidiaries,
affiliates, officers and employees,
harmless from any claim, demand,
or damage, including reasonable
attorneys' fees, asserted
by any third party due to
or arising out of your use
of or conduct on the MIDASoft
Inc. Site/Services.
www.MidasUser.com reserves
the right to disclose any
personal information about
you or your use of the www.MidasUser.com
Site/Services, including its
contents, without your prior
permission if MIDASoft Inc.
has a good faith belief that
such action is necessary to:
(1) conform to legal requirements
or comply with legal process;
(2) protect and defend the
rights or property of MIDASoft
Inc. or its affiliated companies;
(3) enforce the terms or use;
or (4) act to protect the
interests of its members or
others.
www.MidasUser.com's performance
of this agreement is subject
to existing laws and legal
process, and nothing contained
in this agreement is in derogation
of www.MidasUser.com's right
to comply with governmental,
court and law enforcement
requests or requirements relating
to your use of the MIDASoft
Inc. Site/Services or information
provided to or gathered by
www.MidasUser.com with respect
to such use. If any part of
this agreement is determined
to be invalid or unenforceable
pursuant to applicable law
including, but not limited
to, the warranty disclaimers
and liability limitations
set forth above, then the
invalid or unenforceable provision
will be deemed superseded
by a valid, enforceable provision
that most closely matches
the intent of the original
provision and the remainder
of the agreement shall continue
in effect.
Unless otherwise specified
herein, this agreement constitutes
the entire agreement between
the user and www.MidasUser.com
with respect to the MIDASoft
Inc. Site/Services and it
supersedes all prior or contemporaneous
communications and proposals,
whether electronic, oral or
written, between the user
and www.MidasUser.com with
respect to the www.MidasUser.com
Site/Services. A printed version
of this agreement and of any
notice given in electronic
form shall be admissible in
judicial or administrative
proceedings based upon or
relating to this agreement
to the same extent and subject
to the same conditions as
other business documents and
records originally generated
and maintained in printed
form.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the MIDASoft
Inc. Web Site are :
Copyright (c) 1989 - 2003
www.MidasUser.com All rights
reserved.
Products referenced herein
are either trademarks or registered
trademarks of www.MidasUser.com
The names of actual companies
and products mentioned herein
may be the trademarks of their
respective owners.
Any rights not expressly
granted herein are reserved.
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