AGREEMENT BETWEEN USER AND www.MidasUser.com

The www.MidasUser.com Web Site is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of the www.MidasUser.com Web Site constitutes your agreement to all such terms and conditions.


MEMBER REGISTRATION, PASSWORD AND SECURITY

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a user ID and a password. You are entirely responsible for maintaining the confidentiality of your ID, password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify www.MidasUser.com immediately of any unauthorized use of your account or any other breach of security. www.MidasUser.com will not be liable for any loss that you may incur as a result of someone else using your ID, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MIDASoft Inc. or another party due to someone else using your ID, password or account. You may not use anyone else's account at any time, without the permission of the account holder.


MODIFICATION OF THESE TERMS OF USE

www.MidasUser.com reserves the right to change the terms and conditions under which the www.MidasUser.com Site/Services are offered.
You are responsible for regularly reviewing these terms and conditions and additional terms posted on the www.MidasUser.com website.
Your continued use of the MIDASoft Inc. Site/Services constitutes your agreement to all such terms and conditions.


PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the www.MidasUser.com Site/Services are for your personal and non-commercial use. You may not modify,copy, distribute, transmit, display, perform, reproduce, publish,license, create derivative works from, transfer, or sell any information, software, products or services obtained from the www.MidasUser.com Site/Services.


LINKS TO THIRD PARTY Sites

The www.MidasUser.com Site/Services may contain links to third party Web Sites ("Linked Sites"). The Linked Sites are not under the control of www.MidasUser.com and www.MidasUser.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

www.MidasUser.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is www.MidasUser.com responsible if the Linked Site is not working appropriately.

www.MidasUser.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.MidasUser.com of the site or any association with its operators.

You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the www.MidasUser.com Site/Services, you will not use the MIDASoft Inc. Site/Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the MIDASoft Inc. Site/Services in any manner which could damage, disable, overburden, or impair the MIDASoft Inc. Site/Services (or the networks connected to the www.MidasUser.com Site/Services) or interfere with any other party's use and enjoyment of the www.MidasUser.com Site/Services.

You may not attempt to gain unauthorized access to the MIDASoft Inc. Site/Service, other accounts, computer systems or networks connected to any www.MidasUser.com Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the www.MidasUser.com Site/Services.


USE OF SERVICES

The www.MidasUser.com Site/Services may contain e-mail services, bulletin board services, news groups, forums, mmunities and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use the Communication Service in connection with surveys,contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
Advertise or offer to sell or buy any goods or services for any business purpose.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the MIDASoft Inc. Site/Services or other user or usage information or any portion thereof.
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.