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 12, 2011, when paragraph 32 was added to the AUP Prohibited Use section on forwarding email. Prior to that, these terms were last updated April 22, 2009.

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

1. All Customer accounts and services utilizing Dragon's network and servers are subject to the terms and conditions set forth in this document. This shall include single domain, multiple domain, reseller and resold hosting accounts as well as dedicated servers and co-located equipment.

2. Dragon will provide Products and Services in exchange for payment of fees and compliance with the Terms of Service stated in this document.

3. Upon signup and/or placing data or traffic on Dragon's servers and/or network Customer certifies that they have read, understood, and agree to be bound by the current Terms of Service listed herein. Customer's continued utilization of Dragon's Products and Services signifies Customer has read and agrees to the current version of the Terms of Service. The latest version of the Dragon Terms of Service may be obtained at any time from Dragon's website at www.dragon.com. These terms were last modified April 18, 2009.

4. This agreement supersedes any other oral or written agreement reached between Dragon and the Customer.

5. Dragon Products and Services are defined as access to or use by the Customer of computing, internetworking, telecommunications, hardware, software, and information services provided by Dragon. These services also include access to computing, telecommuications, and information services provided by others via the internet.

6. This agreement is not assignable by the Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which the Customer does not survive, without the prior written agreement of Dragon. Any attempted assignment without the written consent of Dragon shall be invalid.

7. Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The said provision shall be modified only to the extent necessary to render it enforceable.

8. This agreement shall begin on the date the services are installed and are made available to the Customer and will be valid to the end of the term as specified by the invoice. The agreement will automatically renew for successive terms equal to the initial term (e.g., monthly, annually, etc) until terminated in writing per Dragon's cancellation policy detailed below.

9. Dragon and Customer shall be excused from any delay or failure to perform herein under, other than the payment for services, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, earthquake, hurricane, acts of terrorism, labor disputes and strikes, riots, war (declared or undeclared), and government requirements.

10. Upon thirty (30) days notice, either via email notification to affected Customers or via announcement on Dragon's website, Dragon may discontinue or change Products and Services offered.

11. Customer certifies that they have authority to enter into this agreement on behalf of either themselves or their company, as applicable. Dragon requires that the individual agreeing to this ToS, whether representing themselves or their company, be a person who is legally qualified to contract. A Customer must be over the age of eighteen (18) years. In the case of a Customer being under the age of eighteen (18) years, a parent or guardian must accept this agreement. In the case of an individual representing a company, said individual must have the authority to bind their company to this agreement.

12. As part of the order process, Customer is required to provide Dragon with certain information and to update Dragon promptly as such information changes so that Dragon's records are current, complete and accurate. Dragon will be delivering time-sensitive information such as monthly invoicing, special news and announcements, network upgrades, etc. to the e-mail address provided. Please keep this in mind when determining which e-mail address you offer as a contact point. Customer agrees to provide Dragon with the following information:

    • Changes in e-mail address.
    • Change of payment method.
    • Change of address.
    • Change of phone number.
    • Change of ownership of account
    • Change of credit card number (if paying via credit card)
    • Change of banking information (if paying via wire or ACH)
    • Change of credit card expiration date

13. Customer should, when requesting Dragon to register a domain on their behalf, ensure the accuracy of the domain name is correct. Dragon will not be responsible for Customer mistakes or typos made to a domain name when registering or transferring through Dragon's system and may refuse any refund to Customer.

14. Customer shall be solely responsible for all content and transactions related to their on-line store including, but not limited to credit card transactions, fulfillment of orders, and calculation of sales tax, confidentiality and security of their customers.

15. Customer and all of Customer's end users shall only use Products and Services in accordance with Dragon's TOS, AUP, Privacy Policy and SLA as specified here within.

Customer agrees and understands that the account Customer purchases is purchased either for Customer's sole use, or on behalf of Customer's client (only if Customer's Products and Services are classified as having reseller privileges).

Customer agrees and understands that should their Products and Services include reseller privileges, that as a reseller, the Customer is fully and solely responsible for all use of the Products and Services. Reseller accounts may not be used to start free hosting services or free email services to the public without the prior written consent of Dragon.

Managed Dedicated Servers. Our managed dedicated servers include storage, reboots, physical security of the hardware, failed hardware replacement, bandwidth, network monitoring, cPanel control panel, unlimited domains, 99.9% uptime, MRTG Graphs, 5 usable IP's, control panel upgrades, software updates, security updates, server patchs, server health monitoring, and system critical file back-ups. Additional managed support may be contracted via a custom Statement of Work, including support of third party scripts and software.

Unmanaged Dedicated Servers. An unmanaged dedicated server offers the same basic features as a managed server at a reduced rate. With an unmanaged server Dragon provides storage, reboots, physical security of the hardware, failed hardware replacement and bandwidth, however additional consulting or support will incur extra charges. Dragon will however, support anything hardware or network related. The following is not covered in our support for unmanaged servers: Any third party software including but not limited to: Control Panel Support, billing software, Scripts etc. Consultation or work requested for third party scripts or software will be billable at $75.00 per hour with a minimum of 15 minutes.

Excessive Reboots & Security. Dragon reserves the right to bill for reboots of unmanaged servers or co-located equipment that are in sole opinion of Dragon, excessive, or due to lack of management, or failure to install operating system, system software, and security upgrades in a timely fashion on the part of the Customer. Dragon reserves the right to suspend or terminate service to unmanaged servers that do not install, upgrade and keep current security patches necessary to maintain the integrity of Dragon's network.

Abuse of Resources. Customers with unmanaged servers or co-located equipment are responsible for securing their server(s) to prevent abuse or resources (e.g., open news server, unsecured mail relay, or smurf amplifier). Upon notification of the existence of an abuse of resource, Customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and may result in interruption or termination of service, and/or overage charges if applicable.

Unrestricted Bandwidth allows a server the ability to exceed the amount of bandwidth in any given server plan. However, if you exceed more than 100% of your hosting plan you will receive an invoice for the overage, requiring you to make an additional monthly payment or deposit to your account by credit card or paypal. Failure to make payment by the Due Date may result in account suspension.

1. Customer agrees to supply timely and appropriate payment for the Products and Services received from Dragon, in advance of the time period during which such services are provided. Payment is due upon receipt of the invoice, and becomes overdue after seven (7) working days from the invoice date unless otherwise stated under the TERMS printed on the invoice (e.g., Net 15, Net 20). Dragon will bill Products and Services up to 45 days in advance of delivery.

2. Time is of the essence for payment.

3. Customer must submit payment via major credit card or Paypal before 4:00 PM US Eastern Standard Time (GMT -5) on the date indicated on the Customer's invoice ("Due Date"). If the due date is "Due Upon Receipt" payment is due not later than five (5) days from the creation date on the invoice.

4. Customer agrees that until and unless Customer notifies Dragon of their desire to cancel any or all Products and Services received, per the Cancellation Policy herein, those services will be billed and payable on a recurring basis.

5. Set-up fees may be waived for Customers who are eligible for special discounts including promotional offers, prior arrangements with salesman, and referrals coming from organizations that Dragon has partnered with.

6. All fees paid are non-refundable other than as noted in Dragon's Refund Policy, below, and SLA.

7. Failure to make payments by the date indicated by the Due Date on the Customer's invoice may result in Products and Services being suspended or interrupted without notice unless mutually agreeable arrangements are made IN ADVANCE between Customer and Dragon.

8. Customer agrees that any Products and Services not paid for by the Due Date may result in Customer being billed a Late Fee of the greater of $25.00 or 10% of the invoice amount at Dragon's sole discretion.

9. Payments for domain registry renewal MUST be received at least three (3) business days prior to domain expiration to ensure uninterrupted service and that Customer domain will not be registered by another party. If domain expires, additional fees and registry charges may apply to re-activate the registration.

10. Customer agrees to pay monthly interest of 1.5%, or the highest amount allowed by applicable law, on any unpaid balance which exceeds 30 days past due.

11. Customer agrees that any unpaid balance over ninety days shall be subject to an additional fee of $250.00 in addition to any other collection costs.

12. Service interruption does NOT cancel Customer's Products and Services. Until Dragon receives and acknowledges cancellation of Products and Services, Customers will continue to be billed on a recurring basis.

13. A $50.00 reactivation fee may be imposed at the discretion of Dragon.

14. If any payments are returned or charged back, a $35 returned payment fee will be charged and Products and Services may be interrupted without notice. Service will not be restored until the returned payment is repaid in addition to any fees, including the $35 returned payment fee.

15. Credit cards that are declined for any reason are subject to a $5.00 declination fee.

16. Dragon reserves the rights to apply late fees and penalties at Dragon's discretion. Failure to apply any fees or penalties within the time frames listed above does not exclude application of these fees and penalties at a later date.

17. Dragon does NOT accept physical checks (non-eletronic) or money orders without prior arragement and written approval IN ADVANCE. Generally, approval will only be granted in exceptional circumstances involving amounts over $200.00 Under no circumstances whatsoever will Dragon accept any payment sent through the US mail. Any physical check must be presented in person or sent via an overnight service such as Federal Express. There will be a $10.00 fee for accepting any physical check, money order, or other instrument requiring a counter deposit.

18. When Customer provides a check as payment, Customer authorizes Dragon to use information from the check to make a one-time electronic funds transfer from Customer's account, or to process the payment as a check transaction.

19. Customer authorizes Dragon to collect a fee of $30.00 or 5% of the face amount, whichever is greater, plus a bank fee (if allowed by state law) through electronic fund transfer from Customer account if a check payment is returned unpaid.

20. Customer should contact Dragon immediately if there are any questions about items detailed on the invoice or should any non-payment issues occur. Any disputes over charges must be in writing and submitted via our Help Desk and received by us within seven (7) days after presentation of the Invoice via email or Customer waives any objection. Please note that any undisputed portion of an invoice remains due and payable as detailed above. Customer waives all rights to refunds or credits if undisputed items are not paid per the Due Date of the invoice.

Payments must be made in USD (United States Dollars) and received in Dragon's office by the Due Date stated on the invoice. We accept major credit cards including, Visa, MasterCard, and American Express. Payment by Paypal (fees apply) and Wire Transfer(fees apply) are accepted. Dragon strongly prefers electronic payments; however Checks and Money Orders are also accepted.

Credit Card Payments. Credit Card payments may be submitted via our online BillPay system.

Customers may also place a credit card on file with Dragon. By submitting credit card information Customer agrees to allow Dragon to charge your credit card each month (or other recurring intervals for any charges relating to your Products and Services.

Customer also agrees not to charge-back any amount to their credit card.

All Credit card charges are typically made on the 25th of each month for the Customers monthly recurring account. Services and features added on to the account mid-month are charged upon completion of said service.

Paypal (fees apply). To pay by Paypal please use our Paypal Payment Page.

A 2.9% handling fee + .30 cents will be applied to Paypal payments (this is done automatically by the Paypal Payment Page). If not included in the payment, handling fee will be carried over to your next invoice or billed separately. An additional 1% cross border handling fee will be charged for payments originating outside of the United States. Dragon's Paypal user id is billing@dragon.com

Wire Transfer Payments (fees apply). For information on sending a Wire Transfer payment please e-mail billing@dragon.com.

US Wire Transfers please add $15.00
International Wire Transfers please add $30.00

Checks and Money Orders. All payments are due by the Due Date printed on the invoice. Payments made by business check or money order must be received in Dragon's office by the Due Date (NOT mailed by the due date) and made in USD. Customer has full responsibility for ensuring any payment sent by postal mail is sent sufficiently early to avoid arriving after the Due Date.

Returned checks, Returned ACH payments, and Stop Check Payments will be subject to a service charge as described above. Any future payments will be required to be made by credit card or certified funds at Dragon's discretion. Failure to do so may result in account termination.

To make changes to, or to cancel Products and Services, submit a ticket via Dragon's Help Desk.

Please note that changes or cancellation of Products and Services can ONLY be accomplished by submitting a ticket; email, postal mail, faxes, telephone calls and in-person visits will not result in the cancellation of Customer's Products and Services.

Customer may cancel or make changes to Customer's Products and Services at any time via Dragon's ticket system; however, cancellations and changes are processed during normal US east coast business hours. Cancellation or changes are not effective until Dragon has confirmed the request via the ticket system.

Plan Upgrades. It is Customers responsibility to be aware of their hosting plan. Dragon does not monitor what plan may be suited for the customer. To upgrade to a new hosting plan Customer should put in an upgrade request through the Help Desk requesting a new plan. Upgrades to hosting plans must be made no less than three(3) business days prior to the new billing month. Plan upgrade requests received after the billing month begins will not take effect until the next billing period and any overage charges over current plan will be applied.

Plan Downgrades. It is Customers responsibility to be aware of their hosting plan. Dragon does not monitor what plan may be suited for the customer. To downgrade to a new hosting plan Customer shold put in a downgrade request at the Help Desk requesting a new plan. Downgrades to your hosting plan must be made no less than 3 business days prior to the new billing month. Plan downgrade requests received after the billing month begins will not take effect until the next billing period, therefore no portion of your hosting plan will be refundable.

Account Add-ons. Products, Services and features added to Customer account mid-month are charged upon completion of said service and payable upon receipt. Recurring monthly add-on charges are payable with your monthly hosting account.

Dragon requires thirty (30) days notification to cancel any Products or Services. If outstanding payments are due to Dragon from the Customer, cancelling an account will not remove these obligations of payment.

Dragon only bills for Products and Services in monthly or greater increments. No refunds will be granted for partial terms of service.

To request support with Products and Services, including technical, policy, payment and business issues, submit a ticket via our Help Desk.

Please note that Dragon does not provide support via email, telephone, instant messenger or any other methods other than as a means of facilitating resolution of support tickets. Before work begins on any support item, a ticket must be submitted to the help desk.

Unsolicited telephone calls seeking technical support without prior written authorization via the ticket system will be billed at the current engineering hourly rate, minimum one hour. Dragon may waive this requirement at its sole discretion, and will normally only do so in emergency situations.

Dragon's Products and Services include a 30 day money back guarantee. If Customer is not completely satisfied with Dragon's service within the first 30 days, Customer will be given a full refund of the monthly fee excluding any setup fees, account add-ons, bandwidth overages, miscellaneous billable support, or domain registration. To receive a refund Customer must submit a cancellation ticket through Dragon's Help Desk within thirty (30) days of Customer's original activation date. No exceptions. E-mail and phone cancellations will be ignored per Dragon's Cancellation Policy (above). In order for credit to be processed Customer must state that Customer is exercising the 30 day money back guarantee and request a full refund. Failure to do so will result in an incomplete cancellation, and a refund will not be issued. In the event Customer's request is received after 30 days of account activation, a refund will not be issued. All credits will be issued within 30 days of cancellation and refund request.

In the event that Customer exercises their right to a 30 day money back guarantee, a set-up fee of $60 for dedicated servers, including managed and unmanaged, will be retroactively charged if the setup fee was waived in the original charge. Setup fees may be refundable at Dragon's sole discretion if the account is cancelled PRIOR to activating the account.

The following services are non-refundable under any circumstances:

1. Domain name registrations.
2. Account add-ons.
3. Bandwidth overages.
4. Miscellaneous billable support.
5. Control Panel software such as C-Panel and Fantastico.
6. SSL Certificates.

Accounts cancelled/terminated by Dragon for cause, including violating Dragon's AUP, do not qualify for the 30 day money back guarantee. Only first-time accounts are eligible for a refund. For example, if Customer has had an account with Dragon before, cancelled and signed up again, Customer will not be eligible for a refund. This is to protect Dragon's refund guarantee from being abused.

Dragon reserves the right to refuse or discontinue Products and Services for any reason, with or without notice. Dragon does not forfeit any rights under this agreement by terminating service. Dragon reserves the right to refuse service to anyone at any time for any reason.

Dragon 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.

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

Dragon is not set up to pursue slow-paying accounts or to provide credit to Customers. Dragon requires all Customer accounts to be kept up-to-date. As a result of Customer adherence to this policy Dragon passes on operating cost savings to Customers in the form of lower rates.

Customer agrees that if Dragon is unsuccessful in collecting any debts or liabilities owed to it under any section of this TOS, Dragon 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 refers Customer to a collection agency under this Agreement, Customer shall automatically owe Dragon an additional amount equal to the greater of $500.00 or forty percent (40%) of the outstanding balance, which amount shall be added to Customer's outstanding balance with Dragon to be collected by said collection agency.

Customer further agrees that Dragon and/or the collection agency shall have the right to add any and all collection costs, including attorney, litigation and court fees to the amount owed by Customer to Dragon, and that Customer shall be obligated to pay such costs.

Customer and Dragon agree that in the event that Customer breaches any portion of this agreement, including but not limited to non-payment of any fees when due, Customer shall reimburse Dragon for all costs and expenses that it incurs in enforcing this Agreement, including but not limited to court costs, attorney fees, administrative and staffing costs, collection costs, and all other costs related to the enforcement of this Agreement.

Dragon makes no warranties or representations of any kind for the services being offered, other than as detailed in the SLA or in the TOS section "Refund Information and Policies" above. 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 or its agents or employees shall create a warranty. Dragon provides no warranty that the Products and Services will meet Customer's requirements, or will be uninterrupted, timely, secure or error free, or that any information, software or other material accessible on the service is free from viruses or other harmful components.

Dragon will take necessary precautions to protect against failure of Dragon's equipment and software. Customer acknowledges and agrees that temporary interruptions in service may occur, and that Dragon shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Products and Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the service.

Dragon may, at its option, maintain automated back-ups of data on shared hosting servers. These backups are for Dragon's internal use and Customer should not rely on their availability, timeliness or completeness. Dragon shall have no liability to customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service. See the Backup Policy for more details.

Customer understands and agrees that by placing information on Dragon's servers that such information becomes available to all internet users and that Dragon has no way of limiting or restricting access to such information or protecting such information from copyright infringement. Customer assumes total responsibility and risk for use of Dragon's' servers and the internet.

It is solely the Customer's 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 or on the internet in general.

Customer's use of the Products and Services are at Customer's sole risk. Dragon is not responsible for files and data residing on Customer's account. Customer agrees to take sole and full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Dragon servers.

Customer agrees not to interfere with the operation of the hosting server, routers, switches, systems or any other equipment utilized by Dragon to provide Products and Services. Customer further agrees not to interfere with the proper operation of other systems reachable through the internet, including any attempt at unauthorized access.

Customer agrees 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. Customer agrees to abide by any and all future Dragon AUP requirements and policy decisions. Customer further agrees to abide by the relevant Acceptable Use Policy of any network or other internet resources accessed through Dragon's network.

Dragon reserves the right to monitor any and all communications through or with Dragon's facilities. Customer agrees that Dragon 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 Products and Services provided to the Customer under this Agreement, and due to the proprietary and confidential nature of the Products and Services and the valuable trade secrets of Dragon contained therein, including but not limited to Dragon's proprietary software, business plans, technology and customer information ("Confidential Information"), Customer specifically agrees not to disclose or divulge any information whatsoever about the Products and Services or the related business practices of Dragon, or to post or print any reviews, ratings, comments, articles or other information of any kind about the Products and Services or the related business practices of Dragon 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, if such reviews or comments are intended to slander Dragon or to harm its reputation for failure to accede to demands or requests by the Customer that are outside the scope of the legal rights and obligations of the parties under this Agreement.

Customer further stipulates that in the event that Customer (or any other individual, company, organization, or other entity that Customer causes or directs to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the Products and Services or the related business practices of Dragon that are, in the sole judgment of Dragon, intended to slander Dragon or to harm its reputation for failure to accede to demands or requests by Customer that are outside the scope of the legal rights and obligations of the parties under this license agreement, Customer shall automatically be liable to Dragon in the amount of $25,000.00 (U.S. Dollars) per incident, and that Customer shall pay Dragon $10,000.00 (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.

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

Dragon and Customer agree that communications between Dragon and Customer are confidential and shall not be disclosed to any third party for any reason (other than as required by law). Customer agrees that it shall not use in any way, for its own account or the account of any third party, nor disclose to any third party (other than as required by law), any of Dragon's Confidential Information and shall take reasonable precautions to protect the confidentiality of Confidential Information. Information shall not be deemed Confidential Information hereunder if such information:

1. Is known to the Customer prior to receipt from Dragon directly or indirectly from a source other than one having an obligation of confidentiality to Dragon.
2. Becomes known (independently of disclosure by Dragon) to the Customer directly or indirectly form a source other than one having an obligation of confidentiality to Dragon.
3. Becomes publicly known or otherwise ceases to be secret or confidential, or is independently developed by the Customer.

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

Customer further acknowledges and agrees that this section shall in no way infringe upon the rights of Dragon to pursue other legal remedies against Customer or to collect other damages for additional causes of action, including but not limited to libel, defamation, tortuous 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 pursues any other such legal remedies, and regardless of the outcome of any such actions.

In the event that Customer has not complied with the any part of the TOS or AUP or other sections of this agreement, or breaches the Agreement via nonpayment of invoiced charges, Dragon reserves the right to hold any and all Customer equipment, alter access to the Products and Services, or to terminate the Products and Services, without notice to, or authority from the Customer, and may refuse any refund due to the Customer.

Customer agrees that Dragon shall retain the right to add, delete, amplify, or modify any provision of this Agreement as well as make changes to or discontinue the Products and Services at any time without prior notice.

Dragon agrees to post any such modifications on its web site by updating the text of this agreement as it is posted in the usual location where the TOS are contained (currently http://www.dragon.com/tos_main.php). Dragon 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.

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

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

Customer agrees that all Products and Services provided by Dragon 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.

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 in the amount of $10,000.00, and that such liability will be independent from and in addition to any other liabilities that Customer may have to Dragon under this Agreement.