The following Terms of Service ("TOS") agreement is between Dragon Networks, Inc (hereinafter referred to as "Dragon") and anyone purchasing and/or using Dragon's Products and Services (hereinafter referred to as "Customer").

This agreement includes five sections: General and Business Policies, Backup Policy, Privacy Policy, Acceptable Use Policies ("AUP"), and the Service Level Agreement ("SLA") which are included herein by reference.

This agreement was last updated April 22, 2009.

In consideration of the mutual covenants contained herein, Dragon and the Customer agree as follows:

This Acceptable Use Policy ("AUP") applies to all Customers and their end users using the Products and Services provided by Dragon, including internetworking services and internet transport. Customer use of Dragon's Products and Services constitues Customer agreement to and acceptance of this AUP. Customer is soley responsible for any and all acts and ommissions during relating to their use and any use by their clients, agents and end users of the Dragon Products and Serivces. Customer agrees not to engage, or permit their clients, agents and end users to engage in any unacceptable use of Dragon's Products and Services.

All Products and Services provided by Dragon may be used for lawful purposes only. The Customer agrees to indemnify and hold harmless Dragon from any claims resulting from the use of the Products and Services which damages the Customer or any other party.

The following uses are prohibited:

1. Posting, transmission, re-transmission, storage, or presentation of any information using Dragon's Products and Services, of data, information, or other material in violation of any United States Federal, State or City law, in the sole opinion of Dragon, is prohibited.

2. Posting, transmission, re-transmission, storage, or presentation of any information, using Dragon's Products and Services, of 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, anti-dilution laws and other statutes.

3. Pornography, adult content and sex-related merchandising is prohitited on all Dragon shared hosting servers unless server is explicitly designated as an adult content server. This includes sites that may infer sexual content, or links to adult content elsewhere. Legal adult content is permitted on designated shared hosting servers, dedicated, and co-located servers. Dragon will be the sole arbiter in determining violations of this provision.

4. Child pornography is absolutely prohibited on Dragon network in any form whatsoever and will be immediately reported to law enforcement upon discovery.

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

6. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

7. Any "hacker" programs, archives, or "warez" sites. Links to such materials or or sites are also prohibited.

8. Any resell of Dragon's Produts and Services, other than on a bona fide reseller account, without Dragon's express prior written consent.

9. Any type of deceptive marketing practices including but not limited to those involving "spam".

10. Actions that restrict or inhibit anyone, whether a customer of Dragon or otherwise, in their use or enjoyment of Dragon's Products and Services.

11. Any activity that generates excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of internet services.

12. Any introduction of malicious programs or other malware into Dragon's network or servers or other Products and Services of Dragon (e.g., viruses, trojan horses and worms).

13. Posting, publishing, transmitting, reproduction or distribution of any information or software which contains a virus or other harmful component.

14. Posting, publishing, transmitting, reproduction or distribution which in any way exploits any information, software, or other material obtained through the Products and Services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).

15. Causing, attempting to cause, or participating in security breaches or disruptions of internet communications. Examples of security breaches include but are not limited to accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

16. Executing or attempting to execute any form of network monitoring that will intercept data not intended for the customer, such as but not limited to "packet sniffing".

17. Circumventing user authentication or security of any host, network or account, whether on Dragon's network or anywhere on the internet.

18. Interfering with, denying service, or attempting to interfere with or deny service to anyone other than the Customer's Products and Services (e.g., denial of service attack).

19. Using any program, script, command, or sending messages of any kind designed to interfere with or to disable any user's terminal session.

20. IRC servers and IRC-related software are prohibited.

21. Non-compliance with Dragon's TOS, policy and procedures relating to the activities of customers on Dragon's network, facilites, and Products and Services.

22. Furnishing false information or incorrect data on any order form, agreement or communcation (electronic or physical), including but not limited to fraudulent use of credit card numbers or other information intended to defraud Dragon or other entities.

23. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document or measure use of Dragon's Products and Services.

24. Sending unsolicited mail messages, including the sending of unsolicited commercial email or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (email "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial bulk email or spam.

25. Harassment, whether through language, frequency, or size of messages.

26. Unauthorized use or forging of mail header information.

27. Solicitations of mail or any other e-mail address other than that of the Customer's account or service, with the intent to harass or collect replies.

28. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

29. Use of unsolicited e-mail originating from within the Dragon network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Dragon or connected via Dragon's network.

30. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

31. Hosting and Reseller Accounts are not to be used for file hosting, data backup storage, or other similar activities without prior express written approval from Dragon.

Any prohibited activity as described above, or any deliberate attempt to cause damage to Dragon or any other internet servers may result in Customer's site Products and Services may be suspended or terminated without prior warning. No refunds will be issued for accounts terminated for cause.

Dragon will be the sole and final arbiter as to what constitutes a violation of these policies.

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; engaging in foul language at any time with said staff; sending multiple e-mails, faxes, or phone calls to Dragon instead of using the proper support channels; repeatedly re-opening or posting new tickets on the same issue and continuing to argue about it even after it has been addressed; making threats of legal action against Dragon or making threats of fraudulently and illegally attempting to avoid payment for amounts due to Dragon; or otherwise engaging in any other behavior that, in the sole opinion of Dragon, constitutes an abuse of resources, shall constitute a material breach of this Agreement.

Customer agrees that in the event of such material breach, Dragon 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.

Customer further agrees that Dragon 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 is unable to collect such charges or Customer disputes such charges, Customer will be liable to Dragon in the amount of $1,000 plus all collection costs as enumerated in the Collection section of the TOS.

Customer further agrees that Dragon is authorized to suspend Customer's account, terminate said account, or take any other such actions that Dragon, 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 is committed to a zero-tolerance, anti-Spamming policy. Under this policy, Dragon prohibits Spam, or any unsolicited commercial email, from being sent in any way shape of form through, from, or to Dragon's servers.

Dragon reacts quickly and seriously to violations, and Dragon further reserves the right to terminate the services, without prior notice, of any customer failing to comply with 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 email address or web site URL is prohibited.

The use of Dragon 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 $500.

Any complaints, reports or comments regarding spam on Dragon's network, should be directed via email to abuse@dragon.com.

Dragon's network or servers may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email.

Customer is allowed to install program scripts on their server or hosting account; however, Dragon reserves the right to disable, without warning, any script that causes a server or network to become dysfunctional.

The following scripts are banned from Dragon servers:

• UltimateBBS (all versions)
• Yabb CGI (all versions)
• Ikonboard (all versions)
• Eggdrops / Exploits
• IRC Servers, Clients, BNCs, Bots, etc.
• Proxy Servers
• Game Servers, other than on Game Server plans.
• 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