Refund Policy

If you pay for an outstanding invoice for DragonNet Technologies services, after your credit card is approved the status of the Customer Invoice will change from "Outstanding", to "Paid", and a Customer Payment record is created. Refunds for services are based upon the following:

Domain Name Services

For refund requests regarding a pre-payment made for a Domain Name Service, if the request is made 30 days before the Domain Name Service begins (the Renewal Date), and before payment has been forwarded from DragonNet Technologies, Ltd. to the Domain Registrar, a refund for the said Domain Name Service is available. Otherwise, no refunds are available for this Domain Name Service.

eDictio Package, Virtual Server or other Hosting Services

If a refund request is issued for a payment made for an eDictio Package or Virtual Server Service due to cancellation of an eDictio Package or Virtual Server, a refund will be available for any prepaid quarters beyond the current quarter. The current quarter's fees will not be refunded. Beyond this refund, certain refunds might be available according to the Hosting Service Level Agreement.

eDictio Package or Virtual Server Cancellation and Suspension

If you desire to cancel an eDictio Package or Virtual Server, you should issue a cancellation request BEFORE the renewal date for the eDictio Package or Virtual Server. eDictio Package or Virtual Servers which are suspended due to lack of payment will require a minimum payment for the current quarter hosting fees in order to be re-activated. DragonNet Technologies, Ltd. reserves the right to suspend any Virtual Server or Domain Name due to lack of payment for outstanding invoices..

Retainer Services

If a refund request is issued for a payment made for a Retainer Service due to cancellation of a Retainer, a refund will be available for any prepaid quarters beyond the current quarter. The current quarter's fees will not be refunded. If the Retainer is a Flexible Retainer, any pre-paid but unbilled working hours are able to be refunded. Otherwise, any billed hours or hours worked but not yet billed by DragonNet Technologies, Ltd. in the current month will not be refundable.

Project Fees

If a refund request is issued for a Project which has been cancelled, for which an up-front 50% deposit has been made, and if no work has been performed by DragonNet Technologies for completing the Project, then a refund of the Project fees may be available. If work has been performed by DragonNet Technologies, a refund of a portion of the Project deposit may be available, determined by the amount of work DragonNet Technologies has already rendered to complete the Project. The amount of this refund is totally determined by DragonNet Technologies own discretion.

If the final invoice for a Project requires a refund, due to cancelled work items which were unbuilt but pre-paid, a portion of the pre-paid funds may be available as determined by DragonNet Technologies.

Downloadable Products

If you purchase one of our products, after your credit card is approved, a link will be provided within your online account whereby you can download the software. Once you have downloaded the software, there will be no refunds given.We have this policy since it would be impossible for you to return your registered version of our software. With a traditional retail purchase, you are able to return a physical product.

Our support staff is available to assist in installation and configuration via email, and if necessary, limited telephone support is offered (in addition to our variety of online support options). Please see our Support Policy for details on Support Limitations

In rare instances and only within 14 days of purchase, if due to technical difficulties or platform incompatibilities the software will not function, we may, at our discretion, issue a refund. In such instances, an LOD (Letter Of Destruction) on company letterhead will be required to process the refund.

Please send any questions regarding our refund policy to customercare@dragonnettech.com.


Privacy Policy

At DragonNet Technologies, your privacy is very important to us. We do not sell or rent your personal information to third parties, period. Please read this privacy policy to learn more about how we use and protect your personal information.

To process an outstanding invoice payment via the "Pay" button using your credit card, we have to collect more information, such as your name, address, credit card number, etc. This is all handled by our credit card processor, WorldpayTM.

Remember, you are responsible for all actions taken with your account Username and Password. So don't disclose your password to anyone you don't trust. If you feel your password has been compromised, then change it here!

Finally, we're all good citizens at DragonNet Technologies. We therefore will respond to a verified request by law enforcement officers or other government officials relating to a criminal investigation or alleged illegal activity.
Terms and Conditions

DragonNet Technologies provides Internet-based Web services including but not limited to:

  • Domain Name Registration
  • Virtual Server Hosting
  • Retainer and Project based Website Content Management
  • Retainer and Project based Web Application Development
  • Project and Retainer based Consulting Services
  • Leasing and sale of eDictio Content Management System system packages
  • Sale of Descriptio Flash Interactive Maps products


  • DragonNet Technologies (hereafter “DNT”), provides these Services subject to the terms and conditions set forth in this Terms Of Service ("TOS").

    By using the DNT services the Customer is indicating their agreement to be bound by all of the terms and conditions of the TOS along with the Warranty, Indemnification, and the Legal Disclaimer.

    Intellectual Property

    Unless otherwise agreed in writing by DNT, the copyright and all other rights relating to any software provided to the Customer by or on behalf of DNT (the "Intellectual Property") will remain the property of DNT or where applicable its licensors.

    DNT warrants to the Customer that to the best of its knowledge, it has the right to perform the services referred to in this TOS, and the use by the Customer of any software provided by DNT will not infringe the rights of any third party.

    The Customer must not de-compile, disassemble, decrypt, extract or otherwise reverse engineer any part of any software that is provided to the Customer by DNT without DNT's prior written consent.

    The Customer must hold any software (in source and/or in object code) and other materials provided to the Customer by DNT confidential. The Customer must not disclose any of those materials to any third party without DNT's prior written consent. The Customer must also take all reasonable steps within its power to protect the Intellectual Property of DNT.

    PRIVACY POLICY

    See the Privacy Policy for information on DNT policies regarding user information.

    CHANGE OF SERVICES

    If DNT finds it impossible to offer services at current pricing, DNT reserves the right to change product and service offerings at anytime. Specifically, but not limited to, DNT does reserve the right to limit services that may have been "unlimited" or have high limits before.
    These changes can be caused by increase in network /support costs that the DNT services take to operate.

    ACCEPTABLE USE

    DNT reserves the right to revoke without refund or notice any DNT services or products and the entire customer account. DNT can decide to take this action if DNT feels that the customer account or product has been used for activities which are not in compliance with the Acceptable Usage terms.

    Refunds and Chargebacks

    Please view our Refund Policy. If the Customer feels that DNT has incorrectly charged their credit card the Customer must contact DNT’s Customer Care for a correction. If the Customer does contact their credit card company and issue a chargeback then the Customer will be responsible for the $45 chargeback fee. If the Customer does not pay this fee then the Customer’s full account will be closed.

    SUPPORT OF SERVICE

    DNT will provide it's dedicated customer service support for all DNT services and products as defined in our Support Policy.

    Hosting Service Level Agreement

    This Service Level Agreement (SLA) applies to DragonNet Technologies, Ltd. customers of eDictio CMS packages, web hosting, reseller, dedicated server, co-location, and e-commerce, services.

    Scope of Services

    DNT is not an Internet Service Provider (ISP). Our service is limited to:
  • Hosting of Websites and Web systems
  • Provision of virtual servers and email accounts
  • Web Application and Website development
  • Website promotion


  • Common Internet Problems

    Problems you may experience with the Internet include:
  • Unable to gain access to, or ‘surf’ the Internet
  • Unable to gain access to Websites
  • Unable to connect to the Internet or your ‘Internet Service Provider’
  • Unable to ‘send’ mail
  • Unable to receive mail due to a time-out error


  • The above problems are most likely related to the service provided by your ISP or your organization’s internal network configuration. To resolve any of these problems, you should first contact your ISP or network administrator.

    Uptime Guarantee

    DNT strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by DNT monitoring systems. If DNT fails to meet its 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Details on how credit amounts are calculated can be found below.

    Exceptions
    Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the hosting network caused by or associated with:
  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
  • Telco Failure (i.e...Verizon™ cutting a fiber line somewhere)
  • Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
  • Scheduled maintenance for hardware/software upgrades
  • DNS issues not within the direct control of DNT
  • Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of DNT service(s) in breach of DNT Acceptable Usage Policy (AUP), by Customer or others authorized by Customer.
  • Attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against DNT’s network;
  • False SLA breaches reported as a result of outages or errors of any DNT measurement system;
  • Outages elsewhere on the Internet that hinder access to your account. DNT is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. DNT will guarantee only those areas of the Internet considered under the control of DNT: DNT’s servers’ links to the Internet and software on the servers’ themselves.


  • Measurement

    DNT will periodically (on average every 10 minutes) monitor DNT’s network and server availability using software and hardware components capable of measuring application traffic and responses. Customer acknowledges that that such measurements may not measure the exact path traversed by Customer’s internet connection, and that such measurements constitute measurements across the hosting network but not other networks to which Customer may connect. DNT reserves the right to periodically change the measurement points and methodologies it uses without notice to the Customer. On request, full network and server reporting will be made available to the Customer.

    Remedy

    If the Availability of customer's Service is less than 99.5% in any month, DNT will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services. Note that the affected Services may be only a subset of the services purchased by the client from DNT.

    Service Availability: Credit Percentage
    99.50% to 100.00%: 0%
    99.50% to 99.00%: 10%
    99.00% to 98.49%: 20%
    97.00% to 98.99%: 35%
    95.00% to 96.99%: 50%
    90.00% to 94.99%" 75%
    89.9% or below: 100%


    Credit Request and Payment Procedures

    In order to receive a credit, customer must make a request for credit by filing a support ticket under "Support". Each request in connection with this SLA must include the dates and times of the unavailability of customer's Services, a description of the perceived problem, and must be received by DNT within ten (10) business days after customer's Services were not available. If the unavailability is confirmed by DNT, credits will be applied within 30 days of DNT's receipt of customer's credit request. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total shared hosting fees paid by customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by DNT and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's services.

    eDictio End User License Agreement EULA

    DRAGONNET TECHNOLOGIES, LTD.(R) SOFTWARE END USER LICENSE AGREEMENT IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND DRAGONNET TECHNOLOGIES, LTD.. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY DRAGONNET TECHNOLOGIES, LTD. HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. 1. Definitions (a) "Bundle" means the Software, together with such other DragonNet Technologies, Ltd. software product, if any, distributed with the Software that may be operated on the same type of computer on which the Software is operated. (b) "E-Dictio Enterprise Update" means version 2.0 of the Enterprise Edition of DragonNet Technologies, Ltd. E-Dictio software that is provided as an upgrade from version 1.0 of the Enterprise Edition of DragonNet Technologies, Ltd. E-Dictio Content Management System software. (c) "Commercial Version" means a version of the Software that is neither a Developer Version, an Education Version, a Not For Resale Version, nor a Trial Version. (d) "CPU-Based Software" means, if applicable, a Software (including, but not limited to the Enterprise Edition of DragonNet Technologies, Ltd. E-Dictio software that is not E-Dictio Enterprise Update) that is not a Server-Based Software. (e) "Developer Version" means a version of the Software, so identified, to be used internally only and solely for the purposes of design, development and evaluation. (f) "Education Version" means a version of the Software, so identified, for use by qualified educational institutions, including the students and faculty thereof, only. (g) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only. (h) "DragonNet Technologies, Ltd." means DragonNet Technologies, Ltd., Inc. and its licensors, if any. (i) "Sample Application Code" shall have the meaning ascribed to it in Section 2(c) of this Agreement. (j) "Server-Based Software" means, if applicable, DragonNet Technologies, Ltd. Flash Communication Server software, E-Dictio Enterprise Update, or the Standard Edition of DragonNet Technologies, Ltd. E-Dictio software. (k) "Software" means only the DragonNet Technologies, Ltd. software program(s) and third party software programs, in each case, supplied by DragonNet Technologies, Ltd. herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. (l) "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version. 2. License Grants The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA: (a) If the Software is (i) a Developer Version, (ii) a Trial Version, or (iii) any version of a Server-Based Software, this Section 2(a), and not Section 2(b), shall apply: Subject to the terms and conditions of this Agreement, DragonNet Technologies, Ltd. hereby grants, and you accept, the right and license to install and use the Software on a single computer. A license for the Software may not be shared, installed nor used concurrently on different computers. (b) If the Software is a (i) Commercial Version, (ii) Education Version or (iii) Not For Resale Version, in each case, of a CPU-Based Software, this Section 2(b), and not Section 2(a), shall apply: Subject to the terms and conditions of this Agreement, DragonNet Technologies, Ltd. hereby grants, and you accept, the right and license to install and use the Software on one or more computers, provided, however, that the total number of CPUs from all of the computers in which the Software is installed does not exceed the total number of CPU licenses purchased for such installation and use. (c) For Sample Application Code, if any, only: You may modify the HTML, CFML, ActionScript, Flash Files (FLA), or similar sample application code form of those portions of the Software that are identified, if any, as sample application code in the documentation (the "Sample Application Code") solely for the purposes of designing, developing and testing your own software applications. However, you are permitted to use, copy and redistribute your modified sample code only if all of the following conditions are met: (A) you include DragonNet Technologies, Ltd.'s copyright notice (if any) with your application, including every location in which any other copyright notice appears in your application; (B) you do not otherwise use DragonNet Technologies, Ltd.'s name, logos or other DragonNet Technologies, Ltd. trademarks to market your application; (C) there is installed and running on each server in conjunction with which your application is running one or more duly licensed copies, as required, of the Commercial Version or, if applicable and subject to Section 3(f) hereof, Education Version; and (D) such modified sample code is designed to operate only in connection with the Software. You agree to indemnify, hold harmless and defend DragonNet Technologies, Ltd. from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application. (d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. (e) You agree that DragonNet Technologies, Ltd. may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse DragonNet Technologies, Ltd. for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. (f) Your license rights under this EULA are non-exclusive. 3. License Restrictions Except to the extent contrary to applicable law: (a) Other than as expressly set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. (b) You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. (c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software. (d) Other than with respect to a Trial Version, Developer Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. If the copy of the Software is licensed as part of the Bundle, the Software shall be transferred only with and as part of the sale or transfer of the whole Bundle and not separately. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version, Developer Version or Not For Resale Version of the Software. (e) Other than as expressly set forth in Section 2(c) hereof, you may not modify the Software or create derivative works based upon the Software. (f) Education Versions may not be used for, or distributed to any party for, any commercial purpose. (g) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without DragonNet Technologies, Ltd.'s prior written consent, (E) use the Trial Version for any application deployment or ultimate production purpose, or (F) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose. (h) You shall not (A) use the Developer Version for any application deployment in a live or stand-by production environment or staging environment, in each case, including, without limitation, in any environment accessed by application end-users including but not limited to servers, workstations, kiosks, and mobile computers, (B) use or deploy the Developer Version other than internally for the sole purpose of designing, developing, and evaluating applications pursuant to the terms and conditions set forth in this EULA, (C) access the Developer Version from more than a single IP address at any given time, (D) access the Developer Version from a computer other than the computer on which such Developer Version was installed, or (E) use the Developer Version to deploy applications that are accessed by multiple browsers or users. (i) You shall not use the Software to develop any application having the same primary function as the Software. (j) You may only use the Not for Resale Version of the Software to review and evaluate the Software. (k) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder. (l) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the computer on which the Software is to be installed. (m) The license of the Bundle is licensed as a single product and none of the products in the Bundle, including the Software, may be separated for installation or use on more than one computer. (n) You shall not use the Software to develop any application having the same primary function as the Software. (o) If and only if the Software is a E-Dictio Enterprise Update or a Standard Edition of the DragonNet Technologies, Ltd. E-Dictio software : You may not install the Software on a computer with more than eight (8) CPUs unless you purchase additional licenses to the Software such that the aggregate number of such licenses you have purchased for such installation is equal to, or greater than, the quotient (rounded up to the nearest whole number) obtained by dividing by eight (8) the number of CPUs for such server in which the Software is installed. (p) In the event that you fail to comply with this EULA, DragonNet Technologies, Ltd. may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination). 4. Upgrades and Bundles If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3(d). If this copy of the Software is licensed as part of the Bundle, and you have a prior license to the same version of the Software, and the Bundle was licensed to you with a discount based, in whole or in part, on your prior license to the same version of the Software, the Software is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license to the Software and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity. 5. Ownership The foregoing grants of rights give you limited license to use the Software. Except as expressly provided in this Agreement, DragonNet Technologies, Ltd. and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by DragonNet Technologies, Ltd. and its suppliers. 6. LIMITED WARRANTY AND DISCLAIMER (a) Except with respect to the Sample Application Code and the Trial Version, the Developer Version and Not For Resale Version of the Software, DragonNet Technologies, Ltd. warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use. (b) DRAGONNET TECHNOLOGIES, LTD. PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SAMPLE APPLICATION CODE OR THE TRIAL VERSION, THE DEVELOPER VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. THE SAMPLE APPLICATION CODE AND THE TRIAL VERSION, THE DEVELOPER VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". (c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN THE SAMPLE APPLICATION CODE AND THE TRIAL VERSION, THE DEVELOPER VERSION AND NOT FOR RESALE VERSION, DRAGONNET TECHNOLOGIES, LTD. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. DRAGONNET TECHNOLOGIES, LTD. DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. DRAGONNET TECHNOLOGIES, LTD. SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. (d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. (e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DRAGONNET TECHNOLOGIES, LTD., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (f) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 7. Exclusive Remedy Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to DragonNet Technologies, Ltd. no more than ninety (90) days following delivery to you, DragonNet Technologies, Ltd. will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. DragonNet Technologies, Ltd. shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION. 8. LIMITATION OF LIABILITY (a) NEITHER DRAGONNET TECHNOLOGIES, LTD. NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRAGONNET TECHNOLOGIES, LTD. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) DRAGONNET TECHNOLOGIES, LTD.'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. (d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA. 9. Basis of Bargain The Limited Warranty and Disclaimer, Exclusive Remedies and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between DragonNet Technologies, Ltd. and you. DragonNet Technologies, Ltd. would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limitation of Liability inure to the benefit of DragonNet Technologies, Ltd.'s licensors. 10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: DragonNet Technologies, Ltd., Inc., PO 378, Kirksville, MO 63501. 11. (Outside of the USA) Consumer End Users Only The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. 12. Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.dragonnettech.com//thirdparty/ and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. 13. General This EULA shall be governed by the internal laws of the State of Missouri, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Adair County, Missouri or the federal courts in the Northern District of Missouri to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of DragonNet Technologies, Ltd. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. No DragonNet Technologies, Ltd. dealer, agent or employee is authorized to make any amendment to this EULA. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. All questions concerning this EULA shall be directed to: DragonNet Technologies, Ltd., Inc., PO 378 Kirksville, MO 63501, Attention: General Counsel. DragonNet Technologies, Ltd. and other trademarks contained in the Software are trademarks or registered trademarks of DragonNet Technologies, Ltd., Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use DragonNet Technologies, Ltd.'s or its licensors' names or any of their respective trademarks. DragonNet Technologies, Ltd.(R) Software End User License Agreement (05/1/04)
    Support Policy

    Fanatical dedication is a good way to describe DNT support staff in regards to the support we give to all of our products and services.

    We work hard to make sure that our products and services are working as expected. We will look into any problem reported by the Customer with any of our products or services until a solution is found.

    While we recognize that computer problems are frustrating, we must remain a profitable entity; therefore we must limit support resources to problems that relate to our system or products.

    Connectivity

    There are many potential reasons as to why the Customer may or may not be able to connect to services that DNT provides on DNT servers. Please refer to our Hosting Service Level Agreement for a clearer definition of the scope of DNT's responsibilities and how we measure uptime. In general, sometimes the Customer has a poorly configured computer. Sometimes the Customer is working in an office environment which has an improperly configured LAN. Sometimes the Customer is using an ISP that does not provide stable services. Sometimes the Customer is located in a part of the world that has very unstable Internet backbone providers, or that experiences traffic delays at international gateways.

    DNT has control over, and is therefore soley responsible for, the stability of the end server and applications running on that server. While we will be glad to help diagnose potential problems in connectivity, responsibility for connectivity issues is as follows:

    The functionings of the Customer's computer or software applications on the Customer's comptuer are the responsibility of the computer’s manufacturer, the software application vendor, or the Customer’s IT department. The Customer’s home/office LAN are the responsibility of the Customer’s IT department or own Network Administrator. If the Customer does not have an IT department or Network Administrator, subscription to DNT services or products does NOT entitle the Customer to free Help Desk services.

    The connectivity from the Customer’s client computer/office to the Internet is the responsibility of the Customer’s ISP, or Interent Service Provider. If the ISP is not providing a stable connection to the Internet, it is the responsibility of the Customer’s ISP to provide support services. If the Customer’s ISP does not provide profession support services as a part of its operations, or does not provide support services in the native language the Customer speaks, DNT is still NOT responsible to provide free support services to make up for the deficits of the ISP.

    The Internet Backbone and major routers are the responsibility of colosal companies called Internet Backbone providers. DNT has located it’s servers at data centers which have multiply redundant backbones so if one experiences a problem, traffic should redirect onto the other. However, our Customers sometimes live in parts of the world which have very unstable Internet Backbone providers. While we feel the Customers pain in more ways than one on this, DNT can do about as much to change the performance of the Internet Backbone in any given location as it can to change the weather. We’ll be glad to help the Customer diagnose if a major router is working or not, but if one is not working, there is really nothing DNT can do about it.

    Support Abuse

    DNT will answer any support question directly related to DNT’s product or service. But this means that the problem must originate from DNT’s product or service.

    Mutliple "repeat" support based configuration changes are considered abusive. For instance if the Customer asks DNT to fix a configuration and then the Customer breaks the configuration again and requests DNT to fix it again.

    A similar situation may exist for eDictio Content Management System training. While DNT has created fantastic documentation for the eDictio product, it is the responsibility of the Customer to remember how to use the system or to train new staff if there is staff turnover.

    Support Methods
    Online Support

    Under "Support" in the menu above, Create a service ticket:

    Change Request - For requesting a change to content which DNT manages.

    Feature Request - For requesting a new functionality to a DNT product, service or undergoing project.

    Error Tracking - For tracking of bug fixes to a DNT product or resolving technical errors.

    Question - For asking a more general question not necessarily technical.


    Email

    For billing questions, contact CustomerCare@dragonnettech.com
    For technical support, contact Support@dragonnettech.com


    Phone

    China Toll Free:800 915 9876 during normal business hours Beijing time.
    US Toll Free: 1 800 625 8979 please leave a voice mail, we will return your call.


    Disclaimers

    Warranty, Indemnification, and Legal Disclaimer

    ACCEPTANCE OF TERMS.

    Users of DNT products or services accept the terms of this Disclaimer. DNT reserves the right to modify this Disclaimer at any time without notification to the user.

    RIGHT TO DENY OR ACCEPT CUSTOMERS

    DNT reserves the right to accept or deny any individual or group service or products without explanation or cause.

    DNT also reserves the right to accept or deny any individual or group the use of DNT services or products if there is a chance that their actions may negatively impact other DNT Customers. DNT does not need to provide proof or reason of such denial of services to the group or organization.

    Limited Warranty.

    DNT makes no representation or warranty that the operations of any product or service will be error free or uninterrupted in all circumstances. If any product or service (including standard third-party operating systems or similar software in generally accepted industry use) or the media of which it is contained is found to contain an operability problem, bug, virus or other destructive programming device (whether or not any of the same are documented), then DNT's sole obligation and liability hereunder shall be upon the request of the Customer, and if appropriate upon Customer's return of the defective product, to correct the operability problem, bug, virus or other programming device (such as by providing an effective by-pass or patch where technically practicable) at no charge to the Customer, or, if DNT is unable to do so, to replace the affected Product or Service with a functional equivalent. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DRAGONNET TECH MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. DRAGONNET TECH SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    INDEMNITY AND DISCLAIMER OF LIABILITY.

    You agree that access to and use of DNT is at your own risk and neither DNT, nor its principals, nor its vendor Bulkregister, if any, shall be liable for any claims, liabilities, losses, damages, costs or expenses of any kind arising from or related to either your use of DNT products or services or any action or omission of DNT products or services in providing the product or service including but not limited to, your access to DNT's vendor Bulkregister, if any, through DNT's web site text, link(s), button(s) or banner(s). You further agree to indemnify and hold DNT and its principals harmless from and with respect to any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, arising out of, based upon or in connection with access, use, inability to use or misuse of the Service.

    DISPUTE RESOLUTION AND GOVERNING LAW. This agreement shall be governed by and construed in accordance with the laws of the State of Maryland, the United States.

    ACCEPTANCE OF TERMS. I have fully read and understand the terms of this Disclaimer. I have read, understood, and accepted the Terms of Service. All users must fully accept the terms of this Disclaimer.


    Acceptable Usage Policy

    This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your License Agreement with DNT software. If you engage in any of the activities prohibited by this AUP document DNT may suspend or terminate your account.

    DNT's Acceptable Use Policy (the "Policy") for license agreement of our software is designed to help protect DNT, DNT's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by DNT. DNT reserves the right to modify the Policy at any time.

    Prohibited Uses of DNT Software and Services:

    1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws.

    2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through DNT's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on DNT's servers, is prohibited. DNT accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

    3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by DNT customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any DNT-hosted domain, or referencing any DNT account, is prohibited.

    4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

    5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

    6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

    7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

    8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any DNT customers or end-users by any means or device.

    9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the DNT network or on another provider's network.

    10. Using DNT's Software to interfere with the use of the DNT network by other customers or authorized users.

    11. Distributing cracks (crackz) or illegal software. Including hosting of any cracks or illegal software databases.

    12. For P.R.China based Virtual Servers, Customers must adhere to the strict controls for managing content in place in the P.R.C. The Customer is solely responsible for the content on the Customer’s website, and must ensure their website does not violate P.R.C. law. The Customer must have a valid ICP license displayed on the website in order to have Web hosting services within the P.R.C.

    Customer Responsibility for Customer's Users

    Each DNT customer is responsible for the activities of its users and, by accepting services / software from DNT, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an DNT customer will be forwarded to the DNT customer's postmaster for action. If violations of the DNT Acceptable Use Policy occur, DNT reserves the right to terminate services with or take action to stop the offending customer from violating DNT's AUP as DNT deems appropriate, without notice.
    Designed by DragonNet Technologies, Ltd. Copyright 2002-2010.
    Updated 5/20/2010
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