Dragon Acceptable Use Policy and Terms of Service (T.O.S.):

 

TERMS OF SERVICE AND ACCEPTABLE USE POLICIES This document provides a general understanding of Dragon Networks’ policy on the Acceptable Use of the Dragon Networks Internet services. It is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. Dragon Networks hopes and expects that common sense and good judgement will guide all of our subscribers’ Internet activities. These guidelines point out generally accepted practices on a range of topics and the general Dragon Networks approach to these areas. When using Dragon Networks’ service, please be aware that the following Terms of Service and Acceptable Use Policies apply at all times. These Terms and Policies have been developed in order to ensure that you and all other Dragon Networks customers have a high quality service that is being used appropriately by all customers. By establishing and using your Dragon Networks account, you agree to all of the Terms and Policies set out in this d ocument. The key contributing factors to decisions and actions taken on Acceptable Use Policy violations include but are not limited to protection of Dragon Networks customers and resources, provision of quality service to customers, compliance with applicable law, and the protection of Dragon Networks’ reputation as a service provider. If a Dragon Networks account is involved in a violation of these policies, Dragon Networks reserves the right to suspend service without notice. The preferred course of action would be to advise the account owner of the inappropriate behavior and any corrective action that may be necessary. However, repeated or flagrant violations of these policies may result in immediate termination of service. In the event that an account is deactivated as a result of any activities proscribed by these policies, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by Dragon Networks. Dragon Networks may take such actions as it deems appropriate against any subscriber or account user for violations of the Terms and Conditions for the service or of these policies. However, there is no promise of obligation on Dragon Networks’ part to monitor or police any such activity and Dragon Networks will have no liability to any other party for any other party’s violation of these policies or to the Terms and Conditions of service. General Terms and Policies. Dragon Networks is a private company providing a commercial gateway to the Internet. Dragon Networks’ equipment and facilities may be used to send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise enjoy all legal aspects of the Internet, subject to these Terms and Policies (referred to in this document as "the Service.") This service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service. Dragon Networks grants you a non-exclusive right to access, use and display the Service on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Dragon Networks. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you. Prices and Charges. A partial list of Dragon Networks charges are as follows: Basic Dialup $ 19.95 Per Month Enhanced Dialup $ 24.95 Per Month ISDN 128K Dialup $ 39.90 Per Month Dedicated POTS Dialup $ 200.00 Per Month Unsolicited Bulk E-mail ("spam") cleanup $ 500.00 Per Incident Plus $ 0.25 Per Message Sent Plus $ 10.00 Per Complaint Received Plus $ 125.00 Per hour spent by Dragon Networks personnel in cleanup activity Charges are due within 20 days of the date on Dragon Networks’ invoice. Payments received after that date will incur a late payment charge of [1.5]% of the total amount past due. Any checks returned by the issuing institution will be charged a processing fee of $35.00. If you fail to pay for your account for 30 days after the date of the invoice, Dragon Networks may without further notice terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that Dragon Networks terminates your account. If Dragon Networks incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel or a collection bureau, those fees and costs will be added to the amount you owe. Term. Unless superceded by a written Service Agreement, The Service is provided to you on a month-to-month basis. Dragon Networks must receive written notice of termination (which may be by first-class mail or by e-mail) from you at least 5 business days prior to end of a month, or the Service will be provided and charged to you for the following month. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Dragon Networks to suspend or terminate your account. You agree that Dragon Networks has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following: Using the Service in a way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law); Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming") or using a Dragon Networks email address to collect responses from unsolicited bulk email; the suspension or termination which will result from spamming is entirely separate from and in addition to the fees which will be placed on the account due to such activity; Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account of which you are not the owner or a communication on which you are not the sender or intended recipient; Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender’s identity; attempting to impersonate any person or identifying information; Excessively using the Service in such a way as to limit the bandwidth or access available to others, including, but not limited to, download traffic of fifty (50) megabytes or more per day for the Subscriber’s web page or site, sending e-mail traffic in excess of fifty (50) megabytes per day, or using ping, e-mail check, excessive IRC logging, or any automated program with the sole intent of creating a continuous connection; Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass postings to large numbers of USENET groups; Excessive cross-posting (generally standards allow a USENET message to be posted to more than 15 newsgroups); repeated off-topic postings; Using the Service to operate server programs, including but not limited to mail servers, IRC serves, ftp servers or web servers on a dialup account; violation of any accepted policies on IRC servers; Using the Service to promote or solicit competing Internet services; Using the Service for unauthorized relays through any third party systems; Attempting, in any way, to interfere with or deny service to any user or any host on the Internet; Using the Service for mail-bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient’s account and/or the electronic system serving that account dysfunctional; Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s) or their connectivity, including but not limited to SYN flood attacks and smurfing, Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s); Using the Service to forward or post "chain letters" (multiple forwarding) of any type; Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own; Engaging in harassment, whether through language, threats, frequency, or size of messages; or continuing to send email to an individual after being requested to stop; Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information; Intercepting, redirecting or otherwise interfering or attempting to interfere with email intended for other parties; Mailing or sending files that contain copyrighted, commercial software or other materials protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents; Knowingly or maliciously transmitting files that contain a virus or corrupted data; Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information; Using Dragon Networks’ systems to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy or publicity) of others; Activities which adversely affect the ability of other people or systems to use Dragon Networks services or the Internet; Untimely payment of any and all amounts due may result in account cancellation. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Dragon Networks as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service. Intellectual Property. Dragon Networks does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Service. If Dragon Networks is informed of an alleged copyright or trademark infringement on the Service, Dragon Networks will attempt to notify the affected Subscriber(s) of those allegations and secure a response. Dragon Networks may, at its sole discretion, remove on a temporary or permanent basis materials which Dragon Networks believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against Dragon Networks for any such removal. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Dragon Networks, neither Dragon Networks nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Dragon Networks neither endorses nor is responsible for the accuracy of such material, and you agree that Dragon Networks is not responsible for any loss or damage caused by your use of, or reliance on, such material. You understand and agree that you have sole responsibility for your posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on Dragon Networks’ equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Dragon Networks and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings. You agree to be liable for any damages or loss of service which results in damages to Dragon Networks as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Dragon Networks may pursue any such claims against you in District Court in Atlanta, GA. Warranty. Dragon Networks MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, ANDMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Dragon Networks OR ITS EMPLOYEES SHALL CREATE A WARRANTY. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Dragon Networks ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Dragon Networks DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Dragon Networks DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE. Excessive Bandwidth or Disk Utilization. Where Dragon Networks account descriptions specify limits on bandwidth and/or disk utilization, use in excess of those limits is not permitted without an appropriate change in account type or status. Bandwidth and disk utilization will be computed or determined by Dragon Networks from time to time in developing its product and service offerings. In the event Dragon Networks determines that an account is exceeding the relevant bandwidth or disk utilization, the owner will be notified by email. If the excess use continues for more than 48 hours after such notification, the owner may be requested to upgrade the account’s service agreement or to modify the activity creating the excess use. Charges may apply for continued excess usage. If the excessive bandwidth or disk space utilization is determined to adversely affect Dragon Networks’ ability to provide service, immediate action may be taken. The account owner will be notified by emai l as soon as practicable thereafter. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Dragon Networks has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable. Dial-up Connection. Dragon Networks may terminate a dial-up Subscriber’s connection following 10 minutes of inactivity as determined by Dragon Networks. Data that is generated on a user’s computer system automatically, either by an automated program, script, automatic re-dialers or any other software device is not considered interactive use of the Dragon Networks service, and as such may be disregarded in determining idle timeouts. Subscribers to "unlimited usage" or "unmeasured" plans for dial users may use the Service without a specific limit on hours used and without paying more based on hourly usage. These plans are not intended to provide full-time connections; however, and the service may be disconnected after a significant period of inactivity. Subscribers should keep the connection open only when actively using it, and may not use any automated method to avoid inactivity disconnect. Intentional use of automated data methods to avoid idle timeouts on dial-up accounts or "unlimited usage" or "unmeasured" plans is prohibited and grounds for account termination. This includes use of automatic re-dialers to reinstate an idle connection. Privacy. Dragon Networks commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Dragon Networks will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. Dragon Networks may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. Dragon Networks may provide aggregate data on Subscribers to third parties. Disputes. You agree that any dispute between you and Dragon Networks arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Dragon Networks will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association’s office in Atlanta, GA. The arbitration must be held in Atlanta, GA, and the arbitrator must be a person with experience in online services operation or law. 15. Changes. These terms of service and acceptable use policies may be changed at any time and for any reason by Dragon Networks. Revised terms and policies will be posted at http://www.dragon.com/current. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform Dragon Networks at once, and your account will be closed, with a refund of any unpaid amounts as of the date of account closure. Accepted by: Dragon Networks, Inc. Agreed to by: Signature Date Signature Date Name Name Title Title

 

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This document provides a general understanding of Dragon Networks’ policy on the Acceptable Use of the Dragon Internet services. It is designed to help protect our customers, and the Internet community, from irresponsible or illegal activities.Dragon hopes and expects that common sense and good judgement will guide all of our subscribers’ Internet activities.

 

For More Information: tos@dragon.com

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