DragonSoft Data Systems, Inc ("DRAGONSOFT") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User’s compliance with the terms and conditions below.
For purposes of this Agreement the terms "User" and "Customer" are interchangeable

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

DRAGONSOFT exercises no control whatsoever over the content of the information passing through DRAGONSOFT’s system. Use of any information obtained via DRAGONSOFT is at User’s risk. Neither DRAGONSOFT nor any of its affiliates, its licensers, contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does DRAGONSOFT make any warranty as to the results from the use of the Service.

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, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY DRAGONSOFT, ITS AFFILIATES, LICENSERS, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES 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, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL DRAGONSOFT, ITS AFFILIATES, LICENSERS, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’s USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USERS 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT DRAGONSOFT IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, DRAGONSOFT’S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER’S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of DRAGONSOFT in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold DRAGONSOFT, ITS AFFILIATES, LICENSERS, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, harmless against a y and all liability, loss, claim, judgment, damage and expense including without limitation attorney’s fees and cost of litigation incurred or suffered by DRAGONSOFT, ITS AFFILIATES, LICENSERS, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES as a result of any and all use of User’s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify DRAGONSOFT in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and DRAGONSOFT shall confer as to and agree on the legal counsel (s) to be selected in any such defense.

DRAGONSOFT shall indemnify, defend and hold harmless User from any and all damages, liabilities, costs and expenses (including reasonable attorney fees) incurred by User as a result of claims that the Service, when used within the scope of this Agreement, infringes any copyright, trademark or trade secret of any third party, provided that User promptly notifies DRAGONSOFT in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to DRAGONSOFT, at DRAGONSOFT’s expense and with DRAGONSOFT’s choice of counsel.

DRAGONSOFT shall indemnify, defend and hold harmless USER from any and all damages, liabilities, costs and expenses (including reasonable attorney’s fees) incurred by USER as a result of any claims that the Service, when used within the scope of this Agreement, infringes any copyright, trademark or trade secret of any third party, provided that USER promptly notifies DRAGONSOFT in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to DRAGONSOFT, at DRAGONSOFT’s expense and with DRAGONSOFT’s choice of counsel.

User understands that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. DRAGONSOFT has no control over and accepts no responsibility whatsoever for such materials.

User may not:

• restrict or inhibit any other user from using and enjoying the Internet;
• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, 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, national or international law, including without limitation the U.S. export control laws and regulations;

• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
• 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);
• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
• send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
• allow users to run Maillist, Listserv or any form of auto-responds from User's account;
• run or activate processes while User is not logged in;
• run or operate like services via connections into or received from DRAGONSOFT;
• violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
• violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.