Terms and Conditions
Last Update 01/01/99

midairdesign (hereby called "The Service Provider") is an on-line listing of personal and business World Wide Web pages. midairdesign, a division of Shaver and Associates, Inc., maintains The Service Provider as a service to the Inte.netmunity. The use of The Service Provider is subject to the following terms and conditions.

Shaver and Associates, Inc. may modify this agreement on an as needed basis by placing an update of this posting, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to check the "Terms and Conditions" page of The Service Provider regularly to determine whether this agreement has been modified. You are likewise required to keep abreast of updates to the information published on The Service Provider's FAQ site and Accepted Uses and Content Policy. If you do not agree with the Terms and Conditions of The Service Provider or any modifications to this Agreement, You must immediately stop using The Service Provider.

The entire content of The Service Provider is Copyrighted, and all rights are reserved. You may save to disk or print out individual or small selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating all or substantial portions of The Service Provider. The Service Provider may be displayed by you to limited numbers of persons provided that you do not charge for such a presentation.

SUBSCRIBER LICENSING AGREEMENT

BY USING THE INTERNET ACCESS OR WEBHOSTING OFFERED BY midairdesign
INTERNET SERVICES OR OPENING THIS PACKAGE, YOU ARE
CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE
INTERNET ACCESS OFFERED BY midairdesign INTERNET SERVICES
OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL
REFUND.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE
ONLY (I) WITH THE INTERNET ACCESS SERVICE INITIALLY OFFERED
BY midairdesign INTERNET SERVICES IN CONJUNCTION WITH THE
DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (II) IN
ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR
LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION
WITH ANY OTHER INTERNET ACCESS.

GRANT. midairdesign INTERNET SERVICES (“midairdesign”) hereby grants you a
non-exclusive, non-transferable, limited license to access the Internet
through midairdesign’s network and a non-exclusive license to use its
accompanying software product (“Software”) and accompanying
documentation on the following terms:

You may: (i) use the Software only with the Internet service initially offered by
midairdesign in conjunction with the distribution of the Software and Documentation
(“midairdesign’s Internet Services”) with which it is bundled; (ii) use the Software on
any single computer, (iii) use the Software on a second computer so long as
the first and second computers are not used simultaneously; or (iv) copy the
Software for archival purposes, provided any copy must contain all the
original Software’s proprietary notices.

You may not: (i) use the Software or Documentation in conjunction with any
Internet access or other network service, other than midairdesign’s Internet Services;
(ii) permit other individuals to use the Software except under the terms above;
(iii) modify, translate, reverse engineer, decompile, disassemble (except to
the extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software or Documentation; (iv) copy the
Software or Documentation (except for back-up purposes); (v) rent, lease,
transfer or otherwise transfer rights to the Software or Documentation; or (vi)
remove any proprietary notices or labels on the Software or Documentation.

TITLE. Title, ownership rights, and intellectual property rights in and to the
Software and Documentation shall remain with midairdesign and/or its suppliers. The
Software is protected by the copyright laws of the United States and
international copyright treaties. Title, ownership rights, and intellectual
property rights in and to the content accessed through the Software or
through midairdesign’s Internet Services is the property of the applicable content
owner and may be protected by applicable copyright or other law. This
License gives you no rights to such content.

You retain any rights you may have to data posted by you to the Internet.

NO ASSIGNMENT. The benefits or rights conferred by this agreement are
non-transferable and non-assignable. The connectivity provided is expressly
limited to you. Resale or use of this connection by other person or persons is
prohibited.

BILLING FOR ALL ACCOUNTS. midairdesign will accept credit card, check, and
cash payments for services. Accounts are billed in advance at the beginning
of each accounts physical month. Credit cards will be charged on or around the 1st day
of each accounts renewal for any accounts that are to be paid by credit card. You will be               
notified on or around the 5 day after the billing if your credit card was declined for any
reason. midairdesign will send a friendly reminder via email to all customers who
have a balance due after 5 days. Payments are due on the date of renewal.
All accounts with a balance after 15 days will be charged a $10 late fee and suspended.      
Accounts will be reactivated when payment is made in full. Any accounts with a 45-day
balance will be closed and sent to collections.

You agree to pay midairdesign all charges relating to use of your account(s)
according to rates and prices published online at the time of use. You are
responsible for charges from the application date until the account is closed
and midairdesign may apply the amount due to your credit card at any time. You are
solely responsible for informing midairdesign of all new customer contact and billing
information including new expiration dates on your listed credit card, no
remaining credit on the credit account, new credit card numbers, address
and phone number changes. midairdesign will however send an email reminder to
you if your credit card expires in an ensuing month. You are solely
responsible for notifying midairdesign if you would like to cancel your account.
Charges will continue to accrue until notice is given. You are responsible for
payment through the end of the cancellation month. midairdesign will charge an
additional fee per invoice if you request invoices by U.S. mail.

CHARGES. Charges for midairdesign’s Internet Services shall be as stated in the
Internet Service Application, or as otherwise agreed in writing by the parties,
and shall be payable by you commencing no later than one business day
after receipt of application by midairdesign.

All pre-paid plans are non-refundable. All pre-paid price plans are treated as
debit accounts; you are set up with a credit for indicated number of months.
The fee paid assumes that you do not use hours beyond those supplied by
your price plan and do not incur any additional service charges to your
account. If you do incur any charges, this amount will be applied to your
balance. When your balance reaches $0.00, the package is terminated,
regardless of the length of time to reach that balance. All listed charges are
exclusive of sales, use and other taxes, which are your responsibility.

ADDITIONAL CHARGES. midairdesign will charge $25 for all returned checks. A
service charge of $10.00 will be assessed on late payments. You are liable for
any and all attorney fees, court costs, and collection agency fees or
commissions if midairdesign has to resort to these methods in order to collect debts
owed to midairdesign. You agree to pay midairdesign its reasonable expenses, including
attorney fees, incurred in enforcing its rights under this Agreement.

You are responsible for changing or calling midairdesign Technical Support for assistance
with changing your dialer to one of our local access numbers when you are in
our local access area. Extra email address accounts are for email use only.
They may not be used to access the Internet. You agree to pay a fine of
$500 for flagrant disregard of allowable use policies including sending
unsolicited commercial email, spam, or via discussion groups whose charter
does not explicitly allow advertisements. It is at midairdesign’s sole discretion what
constitutes such flagrant disregard of allowable use. Residential customers
will receive an invoice via email monthly. If a residential customer wishes to
be invoiced via U.S. postal service, midairdesign will charge $5 per month for this
service. Any changes in accounts may be subject to a change fee.

RELATED CHARGES. You are responsible for any local or long distance
phone charges accrued in connecting to midairdesign. You are responsible for
equipment, including computer hardware and software, used in connecting to
midairdesign.

LIMITED WARRANTY. midairdesign warrants that for a period of ninety (90) days
from the date of acquisition, the Software, if operated as directed, will
substantially achieve the functionality described in the Documentation. midairdesign
does not warrant, however, that your use of the Software will be uninterrupted
or that the operation of the Software will be error-free or secure and hereby
disclaims any and all liability on account thereof. In addition, the security
mechanism implemented by the Software has inherent limitations, and you
must determine that the Software sufficiently meets your requirements. midairdesign
also warrants that the media containing the Software, if provided by midairdesign, is
free from defects in material and workmanship and will so remain for ninety
(90) days from the date you acquired the Software. midairdesign’s sole liability for
any breach of this warranty shall be, in midairdesign’s sole discretion: (i) to replace
your defective media; or (ii) to advise you how to achieve substantially the
same functionality with the Software as described in the Documentation
through a procedure different from that set forth in the Documentation.
Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the warranty
that covered the original Software, or if longer, for thirty (30) days after the
date (a) of shipment to you of the repaired or replaced Software, or (b) midairdesign
advised you how to operate the Software so as to achieve the functionality
described in the Documentation. Only if you inform midairdesign of your problem
with the Software during the applicable warranty period and provide evidence
of the date you acquired the Software will midairdesign be obligated to honor this
warranty. midairdesign will use reasonable commercial efforts to repair, replace,
advise or refund pursuant to the foregoing warranty within 30 days of being so
notified.

This is a limited warranty and it is the only warranty or condition made by
midairdesign. midairdesign makes no other express warranty or condition and there is no
warranty or condition of non-infringement of third parties’ rights. The duration
of implied warranties or conditions, including without limitation, warranties or
conditions of merchantability and of fitness for a particular purpose, is limited
to the above warranty period; some states do not allow limitations on how
long an implied warranty lasts, so limitations may not apply to you. No
dealer, agent, or employee of midairdesign is authorized to make any modifications,
extensions, or additions to this warranty. No warranty is made by or on
behalf of any supplier of midairdesign. If any modifications are made to the Software
by you during the warranty period; if the media is subjected to accident,
abuse or improper use; or if you violate the terms of this Agreement, then
this warranty shall be immediately terminated. This warranty shall not apply if
the Software is used on or in conjunction with hardware or software other
than the unmodified version of hardware and Software with which the
Software was designed to be used as described in the Documentation.

This warranty gives you specific legal rights, and you may have other legal
rights which vary from state to state or by jurisdiction.

LIMITATION OF LIABILITY. midairdesign exercises no control whatsoever over the
content of the information accessed through midairdesign’s Internet Services.
midairdesign’s Internet Services are provided on an “as-is, as-available” basis,
without warranty of any kind, expressed or implied, including, but not limited
to, the warranties of performance, merchantability and fitness for a particular
purpose. midairdesign and/or contributors shall have no liability whatsoever to you
for any claim(s) relating in any way to (i) your inability or failure to perform
research or related work or to work properly or completely, or (ii) any lost
profits or consequential, exemplary, incidental, indirect or special damages
relating in whole or in part to your rights hereunder or use of, or inability to
use, midairdesign’s Internet Services. midairdesign will not be responsible for any damage
suffered by you, including, but not limited to, loss of data resulting from
delays, non-deliveries, mis-deliveries, or service interruptions caused by its
own negligence or your errors or omissions. Use of any information obtained
via midairdesign’s Internet Services is at your sole risk. midairdesign specifically disclaims
any responsibility for the accuracy or quality of information obtained through
midairdesign’s Internet Services.

Under no circumstances and under no legal theory, tort, contract, or
otherwise, shall midairdesign or its suppliers or resellers be liable to you or any
other person for any indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for loss of goodwill,
work- stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, or for any damages in excess of midairdesign’s list
price for a license to the Software and Documentation, even if midairdesign shall
have been informed of the possibility of such damages, or for any claim by
any other party. This limitation of liability shall not apply to liability for death
or personal injury to the extent applicable law prohibits such limitation.
Furthermore, some states do not allow the exclusion or limitation of
incidental or consequential damages, so this limitation and exclusion may
not apply to you.

ALLOWABLE USE. midairdesign’s Internet Services may only be used for lawful
purposes. Transmission of any material in violation of any federal or state
statute or regulation is prohibited. This includes, but is not limited to,
copyrighted material, material legally judged to be threatening or obscene, or
material protected by trade secret. The posting of copyrighted software without
proper authorization (commonly referred to as Warez) and/or the posting of software
access codes (commonly referred to as Cracks) will be cause for account cancellation
with forfeiture of prepaid fees. You agree to indemnify and hold harmless midairdesign
from any claims resulting from your use of midairdesign service.

All Unix shell accounts provided by midairdesign may only be used interactively
while dialed in. They may not be used to run processes unattended or while
not dialed in including, but not limited to, any IRC bot, cron job, or screen.

Commercial advertising is an accepted and welcome use of the Internet.
However, there are appropriate and inappropriate places for Internet
advertising. Unsolicited commercial advertisements are not allowed in email,
and will result in account suspension or cancellation and fines as stated in
Additional Charges.

Commercial advertisements are unwelcome in most Usenet discussion
groups and on most email mailing lists. Inappropriate posting may result in
account suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming," or sending a
message to many different off-topic newsgroups, is particularly unacceptable
and will be treated as such. Sending a message, especially an
advertisement, to more than five or six recipients, is by itself spamming
unless the individuals have specifically requested to be added to a mailing
list on that topic. Email is a person-to-person medium, not a broadcast
medium.

You agree to abide by midairdesign’s policies concerning use of midairdesign’s Internet
Services. Unsolicited advertisements via email, or via discussion groups
whose charter does not explicitly allow advertisements, is specifically not an
allowable use. midairdesign reserves the right to suspend access to service for your
account(s) upon an indication of disallowed use or credit problems including
delinquent payments or rejection of credit card charges. Residential and
Business dialup accounts are for individual use only. Simultaneous logins on
one account are not allowed. Any account with simultaneous logins may be
suspended and subject to a suspension fee as outlined in this Agreement. If
an account is suspended twice, it will be closed permanently.

UNLIMITED ACCESS. Unlimited dial-up accounts have no hourly charges
when the account holder is wholly and exclusively engaged in personal,
interactive Internet access. Personal, interactive use is approximated by
midairdesign at 320 hours per month. Accounts may not be used for automated,
unsupervised use of the Internet or simultaneous connections by multiple
people. Accounts may not be kept connected with a keep-alive of any sort,
such as setting an email program to check mail periodically unattended.
midairdesign may disconnect dial-up connections after extended periods of inactivity
or unauthorized use.

RESPONSIBILITY FOR ACCOUNT USE. You are responsible for all use of
your account(s) and confidentiality of password(s). midairdesign will suspend or
change access upon notification that your password has been stolen, lost or
otherwise possibly compromised. midairdesign is not responsible for your personal
files residing online on midairdesign-owned and controlled computers. You shall be
responsible for independent backup of your data stored online. You shall be
responsible for all access to and use of midairdesign’s Internet Services by your
personnel or by means of your equipment, whether or not you have
knowledge of or authorize such access or use.

If subscriber is less than 18 years of age, the application must be signed and
these terms agreed to by a parent or legal guardian, who is responsible for all
charges related to the use of subscriber’s account(s).

UNAUTHORIZED USE OF ACCOUNT. midairdesign will strongly react to any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "social engineering" (tricking other
people into releasing their passwords), password cracking, security hole
scanning, denial-of-service attacks (ping-flooding, sending packets with an
illegal packet size, UDP flooding, half-open TCP connection flooding, etc.)
and the like.

Harassment or abusive use of email and other Internet services is a rare but
serious misuse of Internet resources. midairdesign will handle incidents of
harassment on a case-by-case basis, consulting with all parties involved.

Any unauthorized use of accounts or computers by a midairdesign customer,
whether or not the attacked account or computer belongs to midairdesign, will result
in action against the attacker. Possible actions include warnings, account
suspension or cancellation, and legal action, according to the seriousness of
the attack.

LIMITATIONS ON RESOURCE USAGE. midairdesign reserves the right to impose
limits on the total amount of disk space and other resources available for
your use on midairdesign-operated computers. Dial-up account users are subject to
a limit of 5MB of disk space for all their disk usage, including incoming mail
files and personal Web pages. midairdesign reserves the right to remove files that
exceed this limit. midairdesign reserves the right to delete without notice personal
files that have not been accessed for more than one month.

EMAIL PRIVACY. Electronic mail passes through multiple mail servers on
the Internet as it passes from source to destination. One can never be
guaranteed privacy from every possible mail server; therefore, someone
seeking total privacy should use some encryption scheme to render their
messages unreadable by eavesdroppers. With regards to midairdesign's mail
servers, midairdesign places a high value on privacy, and will only examine users'
mail when absolutely required, for example when troubleshooting email
delivery problems or being presented with a search warrant for the
information.

ILLEGAL MATERIAL. midairdesign bears certain legal liabilities for the use of its
computer network and equipment. As such midairdesign must require that its
customers do not use midairdesign's network for illegal purposes. When presented
with a search warrant, midairdesign is obligated to release any information named
therein, and will cooperate with the authorities in any criminal investigation of
inappropriate Internet usage.

However, midairdesign recognizes that the legal status of the Internet has not yet
been resolved satisfactorily, either through legislation or court precedent.
Therefore midairdesign must make certain decisions regarding the illegality of
various specific actions. Among the actions midairdesign considers illegal and
therefore not allowed on its network are: unauthorized distribution of
copyrighted material; exploitation of minors; and unauthorized use of
computer resources. midairdesign believes that the First Amendment rights of free
speech, freedom of the press, and freedom of association apply to the
Internet to the same degree as they do to print media, and that any attempt
to infringe upon those rights is void of legitimacy.

WEB SERVICE. midairdesign includes Web service with residential service and
hosts commercial web pages for a fee. In all cases, the Web pages reside
on midairdesign’s computer equipment, giving midairdesign some ethical responsibility for
the content of such pages. midairdesign will handle potentially inappropriate Web
pages on a case-by-case basis. Examples of inappropriate information
include downloadable virus code and obscenity.

Personal Web space may not be used for purposes that can be deemed as
an attempt to sell a product or service. midairdesign separately offers commercial
Web hosting.

Domain name service is an additional service if that is desired. You are
responsible to domain name registration authorities for any fees they may
charge.

midairdesign grants you a non-exclusive, nontransferable, limited license to store
documents on a midairdesign Internet World Wide Web server, and to use the server
at burst bandwidth speeds up to midairdesign’s full capacity. Sustained average
bandwidth usage, as measured by midairdesign, over the course of any seven (7)
days shall not exceed 64 kilobits per second (kbps). midairdesign shall notify you if
this limit is exceeded, after which you have two (2) weeks to lower the
bandwidth usage or incur an additional charge of $100 per month per 64Kbps
of sustained average bandwidth usage.

The term "Bandwidth" is defined as: The total additive amount of data downloaded
from sites on midairdesign's servers that comprise a single billing group. For billing
purposes, this is generally considered to be monthly.

The term "Unlimited Bandwidth" implies that the data transfer is not charged on
a metered basis so long as it remains within reasonable expectations. midairdesign
considers 10 Gigabytes a reasonable expectation for its servers. Accounts whose
total Bandwidth is in excess of this expectation will be addressed on an individual
basis. (see (Abuse of Unlimited Traffic")

Abuse of Unlimited Traffic:
midairdesign's customers are privileged to be offered unlimited traffic for their web sites.
The intention of midairdesign is to provide a large space to serve web documents, not an offsite storage area for
electronic files. All (90%) of your web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on midairdesign's server. Web sites that are
found to contain either/or no html documents, a large number of unlinked
files are subject to warning, suspension or cancellation at the discretion
of midairdesign management. Any customer who violates midairdesign's Policies in
abusing site transfer will be notified and given 2 days to remedy the problem.
If the problem is not resolved within the alloted 2 day
period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains.
Sites with picture galleries (This is any site where 50% of the files transferred are graphics)
Sites offering download files or archives. (This is any site where 50% or more of their
                                                                 monthly traffic is from file downloads) 
Sites using more than 30% of system resources

For "Premier" and "Basic" accounts, traffic will go
unmonitored until you reach 10gb per month. Thereafter, normal data
transfer cost of $3.00/1GB/month will be billed to your account.

midairdesign will be the sole arbiter as to what constitutes a violation of this
provision.

TERM AND TERMINATION. This Agreement shall become effective on the
date the service application is entered into midairdesign’s system (no later than the
end of one business day after receipt of application). midairdesign, at its sole
discretion, may terminate this Agreement immediately or suspend your
access to the service upon any breach of this Agreement by you.

You are responsible for notifying midairdesign of your wish to terminate your
account, if so desired. Charges will continue to accrue until your notification
to midairdesign of account termination, or until your account is suspended due to
late payment. After 60 days of nonpayment, midairdesign will close your account;
you will then be required to re-subscribe according to policies in effect at that
time in order to continue service.

Licenses granted hereunder will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must destroy all
copies of the Software and Documentation.

EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia,
Iran, Syria or any country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and you
are representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.

In addition, if the licensed Software is identified as a not-for-export product
(for example, on the box, media or on the installation process), then the
following applies: except for export to Canada for use in Canada by Canadian
citizens, the Software and any underlying technology may not be exported
outside the United States or to any foreign entity or “foreign person” as
defined by U.S. Government regulations, including without limitation, anyone
who is not a citizen, national or lawful permanent resident of the United
States. By downloading or using the Software, you are agreeing to the
foregoing and you are warranting that you are not a “foreign person” or under
the control of a foreign person.

EFFECT OF AGREEMENT. This Agreement (which shall include the current
and future Schedules hereto) represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and
representations between them. The acceptance of any purchase order placed
by you is expressly made conditional on your assent to the terms set forth
herein, and not those contained in your purchase order.

MODIFICATION OF TERMS AND CHARGES. midairdesign reserves the right to
change rates or otherwise modify provisions of this Agreement by notifying
you at least thirty (30) days before the effective date of the change, by written
or online notice. Your use of midairdesign’s Internet Services after such notice shall
constitute your acceptance of the modifications to this Agreement.

FORCE MAJEURE. midairdesign’s performance hereunder is subject to interruption
and delay due to causes beyond its reasonable control such as acts of God,
acts of any government, war or other hostility, civil disorder, the elements,
fire, explosion, power failure, equipment failure, industrial or labor disputes,
inability to obtain necessary supplies and the like.

SEVERABILITY. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and all other provisions are
unaffected.

NOTICES. Except as otherwise provided herein, all notices hereunder shall
be given in writing as follows:

midairdesign Inc: midairdesign INTERNET SERVICES
6757 Edgewater Commerce Parkway
Shaver Communications Building
Orlando, FL 32810

GOVERNING LAW. This Agreement shall be governed by and construed
under the laws of the state of Florida, except as governed by Federal law.
The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly included.

WAIVER. Failure of any party to enforce any provision of this Agreement
shall not constitute or be construed as a waiver of such provision or of the
right to enforce such provision.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure
of Software and Documentation by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar
clauses in the NASA FAR Supplement.

Copyright © 1999 - 2001 MidAir Design, Inc. All rights reserved.