Pornography and sex-related merchandising is prohibited on all Dragon Networks servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Dragon Networks will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Dragon Networks servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

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

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

Sending unsolicited commercial email (otherwise known as "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Dragon Networks email address or web site URL is prohibited.

The use of Dragon Networks servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of not less than $800.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@dragon.com.

Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

The following scripts are banned from our servers:

• UltimateBBS (all versions),
• Yabb CGI version
• Ikonboard (all versions)
• Eggdrops / Exploits
• IRC Servers, Clients, BNC's, Bot's, etc. Unless you have a IRCD plan
• Proxy Servers and Game Servers These are Separate plans to order.
• The Anonymizer
• Any soap mailers
• Any cgi programs that consume large amounts of cpu resources hindering the performance of other websites on the server
• Port scanners and Security Auditing tools/scripts
• Web/CGI based telnet servers
• All versions of Formail prior to version 1.9s

You acknowledge and agree that your use of the service is at your sole risk. Dragon Networks is not responsible for files and data residing on your account.

You agree to take full responsibility for files and data transferred to or created on your account and to maintain all appropriate backups of files and data stored on Dragon Networks servers.

You further agree that Dragon Networks has the right to periodically prune old e-mail messages, access logs, or other data so as to maintain the reliability of the web hosting service for all customers by preventing the servers from running out of disk space, slowing down due to excessive numbers of files, or incurring any other problems related to the storage of these old e-mail messages, access logs, or other data files.

You agree that you shall be solely responsible for maintaining backups of any such e-mail messages, access logs, or other data that you maintain on Dragon Networks servers.

Customer acknowledges and agrees that if Customer maintains more than one account with Dragon Networks, and if Customer violates the terms of this Agreement in any way, Dragon Networks shall have the right to apply any monetary fees, suspensions, terminations, or other remedies that are reserved to Dragon Networks under this Agreement to any or all accounts that Customer may have with Dragon Networks, even if said violations of this Agreement were incurred under only one of these accounts.

You understand that as a reseller, you are the individual solely responsible for all use of the account. Reseller accounts may not be used to start free hosting services or free email services to the public.

• Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Unless you are on a IRCD plan.
• Run any software that interfaces with an IRC (Internet Relay Chat) network. Unless you are on a IRCD plan.
• Run any site with adult-oriented content, including but not limited to any pornographic material.

Dragon Networks must receive notification of cancellation at least seven business days prior to your next billing date, which would be the next billing cycle. If outstanding amounts are due to Dragon Networks from client then canceling an account will not remove these obligations of payment.

Dedicated server customers need to supply a full months notice of cancellation to avoid being billed on the next billing date.

Dragon Networks shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

You agree that Dragon Networks has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.

Dragon Networks reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Dragon Networks also reserves the right to refuse refunds in cases where Dragon Networks believes abuse has taken place.

You agree to supply appropriate payment for the services received from Dragon Networks, in advance of the time period during which such services are provided. You agree that until and unless you notify Dragon Networks of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Each webhosting plan includes a full 15-day money back guarantee.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc. Dedicated servers do not have a 15 day money back guarantee and are billed on a month to month basis. Cancellations of such accounts require a full one months notice.

Dedicated servers do not have the same 15 day money back guarantee and uptime is via Service Level Agreement with a 99.9% Network Uptime Guarantee. Prices, bandwidth allotments, availability, and any other features subject to change with 30 day notification. Any deposits are non refundable.

Accounts cancelled/terminated by Dragon Networks for violating our Acceptable Usage Policy do not qualify for the 15-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department at admin@dragon.com.

Customer agrees that if Dragon Networks is unsuccessful in collecting any debts or liabilities owed to it under any section of this Agreement, Dragon Networks shall have the right to turn over Customer's account to a collection agency for collection, and that said collection agency may use any and all means necessary in order to collect payment on this account, including but not limited to filing negative credit reports for Customer that will permanently and negatively impact Customer's credit rating.

Customer agrees that if Dragon Networks refers Customer to a collection agency under this Agreement, Customer will automatically owe Dragon Networks an additional $1,000, which amount shall be added to Customer's outstanding balance with Dragon Networks to be collected by said collection agency.

Customer further agrees that Dragon Networks and/or the collection agency shall have the right to add any collection costs to the amount owed by Customer to Dragon Networks, and that Customer shall be obligated to pay such costs

Dragon Networks's services may only be used for lawful purposes. Any use of these services that violates any local, state, federal, or international laws that may apply to Dragon Networks, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not:

A. Restrict or inhibit any other user from using and enjoying the Internet.

B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, patent, misappropriation and anti-dilution laws.

C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component.

D. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).

Customer acknowledges and agrees that insulting or abusive behavior, including but not limited to harassing, insulting, threatening, or intimidating the administrative or technical support staff of Dragon Networks, or engaging in foul language at any time with said staff, or sending multiple e-mails, faxes, or phone calls to Dragon Networks instead of using the proper support channels, or repeatedly re-opening or posting new tickets on the same issue and continuing to argue about it even after it has been addressed, or making threats of legal action against Dragon Networks or any other divisions of Dragon Networks LLC.., or making threats of fraudulently and illegally attempting to avoid payment for amounts due to Dragon Networks LLC.., or otherwise engaging in any other behavior that, in the sole discretion of Dragon Networks constitutes an abuse of resources, shall constitute a material breach of this Agreement.

Customer agrees that in the event of such material breach, Dragon Networks shall have the right to charge an administrative fee of up to $500 immediately and without notice by posting said amount as a debit to Customer's account, for each such incident, at the option of Dragon Networks.

Customer further agrees that Dragon Networks shall be the sole and final arbiter of what actions are deemed to constitute abusive behavior under this section. Customer further agrees that if Dragon Networks is unable to collect such charges or Customer disputes such charges, Customer will be liable to Dragon Networks in the amount of $1,000, plus all enforcement costs as enumerated in the Enforcement section above.

Customer further agrees that Dragon Networks is authorized to suspend Customer's account, terminate said account, or take any other such actions that Dragon Networks, in its sole discretion, deems necessary should Customer violate this provision, and that Customer shall not be entitled to any refunds for prepaid portions of the service.

Dragon Networks makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Dragon Networks or its agents or employees shall create a warranty. Dragon Networks provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Dragon Networks be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Dragon Networks's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on Dragon Networks's servers that such information becomes available to all Internet users and that Dragon Networks has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Dragon Networks' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Dragon Networks or on the Internet generally.

Your use of the service is at your sole risk. Dragon Networks is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Dragon Networks servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Programming Essentials, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Dragon Networks policy decisions.

Dragon Networks reserves the right to monitor any and all communications through or with our facilities. You agree that Dragon Networks is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

As additional consideration for the SERVICES provided to you under this Agreement, and due to the proprietary and confidential nature of the SERVICES and the valuable trade secrets of Dragon Networks contained therein, you specifically agree not to disclose or divulge any information whatsoever about the SERVICES or the related business practices of Dragon Networks, or to post or print any reviews, ratings, comments, articles or other information of any kind about the SERVICES or the related business practices of Dragon Networks on or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters, newspapers, magazines, or any other media of any kind, whether printed, electronic, or other formats either now known or hereafter developed, or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of Dragon Networks, if such reviews or comments are intended to slander Dragon Networks or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this Agreement.

You further stipulate that in the event that you (or any other individual, company, organization, or other entity that you cause or direct to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the SERVICES or the related business practices of Dragon Networks that are, in the sole judgment of Dragon Networks, intended to slander Dragon Networks or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement, you shall automatically be liable to Dragon Networks in the amount of $25,000 (U.S. Dollars) per incident, and that you shall pay Dragon Networks $10,000 (U.S. Dollars) per day for each additional day that the review, rating, comment, article, or other communication remains displayed in any electronic, print, or other medium.

The parties understand that these amounts are intended to compensate Dragon Networks for its damages and thus constitute a remedy and not a penalty.

In the event that you violate this section, you hereby agree to waive all rights to any judicial appeal of this section and this determination, and you hereby stipulate that a court of competent jurisdiction shall enter judgment against you in the relevant amounts as determined above.

You further acknowledge and agree that this section shall in no way infringe upon the rights of Dragon Networks to pursue other legal remedies against you or to collect other damages for additional causes of action, including but not limited to libel, defamation, tortious interference with business, fraud, theft, copyright infringement, trademark infringement, or other legal causes of action, and that this section shall be applicable and enforceable regardless of whether Dragon Networks pursues any other such legal remedies, and regardless of the outcome of any such actions.

This agreement is governed by the applicable laws of the Atlanta, Georgia and the United States of America.

Customer agrees that all services provided by Dragon Networks shall be deemed to have been requested and provided in Atlanta, Georgia. Customer further agrees that the Courts of Atlanta, Georgia shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Dragon Networks.

Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

Customer further agrees that if Customer attempts to initiate or transfer any legal proceeding to any jurisdiction other than the courts of Atlanta, Georgia, Customer shall be liable to Dragon Networks in the amount of $10,000, and that such liability will be independent from and in addition to any other liabilities that Customer may have to Dragon Networks under this Agreement.

You agree that Dragon Networks shall retain the right to add, delete, or modify any provision of this Agreement at any time without prior notice.

Dragon Networks agrees to post any such modifications on its web site by updating the text of the User Agreement as it is posted in the usual location where the Terms of Service are contained (currently http://www.dragon.com/tos.php). Dragon Networks further agrees that if it ever moves this location to a different URL, it shall update its web site links in order to direct users to the new location of this Agreement.

You agree that Dragon Networks is required only to update the posted text of the Agreement when it changes, that Dragon Networks is not required to separately identify any changes that have occurred, that you are solely responsible for monitoring this Agreement periodically for any such changes, and that if you no longer can agree to all of the terms contained in this Agreement as posted on the Dragon Networks web site, your sole and exclusive remedy is to discontinue your usage of all SERVICES from Dragon Networks, subject to the terms of this Agreement for doing so, including but not limited to the terms regarding early cancellations and the refund policy.