Last modified Tuesday, June 13th, 2000
v. 1.01

The following terms apply to all individuals, businesses and organizations (collectively referred to as "you") who subscribe to Internet access service (collectively known as the "Service") through Dragon Press.

By accessing the Service, you agree to be bound by all of the following terms and conditions of the Dragon Press AUP. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Dragon Press in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

You must be 18 to sign up for an account with Dragon Press. (Please note: Parents who sign up for their children or allow their children to access their account, will be held responsible for all AUP violations associated with that account.)

You may access the Dragon Press network and the Internet in general through the Service if you are in good financial standing with the company and have paid the appropriate subscription fee as described in the Dragon Press Billing Policy. By accessing the Service, you agree to be bound by all of the following terms and conditions of the Dragon Press AUP. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Dragon Press in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

You assume total responsibility and risk for your use of the Service and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, as well as the quality and merchant ability of all merchandise, provided through Dragon Press or on the Internet generally. You are responsible for any changes or malicious intent created by your account until such time as it is proved you had no prior knowledge of the wrongful use of your account.

User Conduct on the Service

While using the Service, you may not:

1. restrict or inhibit any other subscriber from using the Service;
   
2. give others access to your account;
   
3. use your account to provide inbound traffic to your site (such as creating server services);
   
4. post or publish a web page or FTP site whose daily average data transfer negatively impacts the Service;
   
5. post or transmit any information or software which contains a virus, bot, trojan horse, worm or other harmful component;
   
6. post or transmit any unlawful material (threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable material of any kind) including without limitation any transmissions inciting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
   
7. 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);
   
8. post or transmit any type of spam, mass distribution or other unsolicited e-mail, advertisement or newsgroup posting inappropriate to the rules of that newsgroup, for any purpose whatsoever;
   
9. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;
   
10. attempt to disrupt the Service or any attached network service for any purpose whatsoever;
    
11. access any directory structure within the Services file system(s) which is not either the home directory assigned to that user or a temporary directory assigned to that user.
    
12. access any account which you are not authorized to access;
    

Making Purchases on the Internet

You agree that all information you provide any merchant, organization or service provider while using the Service for purposes of making purchases or conducting business will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or alternative payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.

Neither Dragon Press nor its affiliates make any express or implied warranties, representations or endorsements whatsoever including without limitation warranties of title or non infringement, or the implied warranties of merchant ability or fitness for a particular purpose with regard to any merchandise, information or service provided through the Service or on the Internet generally, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.

Monitoring the Service

You agree that Dragon Press has the right to monitor the Service electronically.

You agree that Dragon Press may disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers.

Dragon Press 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 AUP.

No Service Warranties

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 merchant ability or fitness or a particular purpose. Neither Dragon Press nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, trojan horses or other harmful components. Nor does the company guarantee that you will be able to connect at the site's maximum connection speed due to any limitations of service. No advice or information given by Dragon Press, its affiliates or its contractors or their respective employees shall create a warranty.

Under no circumstances shall Dragon Press, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use or inability to use the Service or to access the Internet or any part thereof or your 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.

You understand further that, except for information, products or services clearly identified as being supplied by Dragon Press, neither Dragon Press nor any of its affiliates operates or controls any information, products or services on the Internet in any way. All merchandise, information and services offered or made available or accessible through the Service or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Dragon Press or its affiliates.

Failure to Comply With Terms and Conditions

Dragon Press may deny you access to all or part of the Service without notice if you engage in any conduct or activity that Dragon Press, in its sole discretion, believes violates any of the terms and conditions of this Acceptable Use Policy.

If Dragon Press denies you access to the Service because of such a violation, you shall have no right:

1. to access through Dragon Press any materials stored on the Internet;
2. to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited;
3. to access third party services, merchandise or information on the Internet through Dragon Press

Dragon Press shall not be responsible to notify any third-party providers of services, merchandise or information, nor be responsible for any consequences resulting from lack of notification.

You further agree to defend, indemnify and hold Dragon Press and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Acceptable Use Policy by you of your account, or in connection with your use of the Service or the Internet.

Dragon Press reserves the right to terminate your account following any single AUP violation or multiple violations. If your account is terminated due to an AUP violation, you will not be eligible to sign up for another Dragon Press account or utilize the Service at any time.

Miscellaneous

Dragon Press reserves the right to terminate service for any reason whatsoever.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Dragon Press's failure to insist upon or enforce strict performance of any provision of this Acceptable Use Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Dragon Press may modify this Agreement from time to time by notifying users of the modification on the www.Dragon Press.net web site, via email, or other means and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Acceptable Use Policy regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

The Service is protected by federal and state laws, including but not limited to title 18, Section 1030(a), 2702 of The United States Code. The Service itself and derivative works created by Dragon Press and the Service are copyrighted as a collective work under U.S. Copyright laws.

Headings in this document are for convenience only.