Terms of Service:
FeedQuest, INC.. ("FeedQuest,") agrees to furnish services
to the Subscriber, subject to the following Terms of Service
(TOS).
Use of FeedQuest, services and resources constitutes acceptance
and agreement to FeedQuest,'s Terms Of Service & Acceptable
Use Policy.
All provisions of contracts with FeedQuest, are subject to
the Terms Of Service (TOS) and Acceptable Use Policy (AUP).
The Acceptable Use Policy (AUP) may be changed from time
to time at the sole discretion of FeedQuest,. Members understand
that changes in the Acceptable Use Policy (AUP) are not
grounds for non-payment or early contract termination.
1. Disclosure: The subscriber gives FeedQuest, consent to
disclose any and all information relating to the subscriber
to any law enforcement agent who makes a written request
without further consent, or notification to the subscriber.
In this event, FeedQuest, reserves the right to terminate all
services to this account without refund.
2. Service Rates: The subscriber acknowledges that the
nature of services, and initial rates and charges have
been communicated, or made available to the subscriber.
The subscriber is aware that FeedQuest, may from time to time
change the specified rates and charges. All offers are
contingent on FeedQuest, meeting its cost of service goals,
which may include, but is not limited to rates charged
to the company by the suppliers it uses.
3. Payment: Establishment of services is dependent upon
receipt by FeedQuest, of stated charges. Subsequent payments
are due on the anniversary date of the month, for the
term of service, whether monthly, quarterly, semi-annually,
or yearly. All services provided by FeedQuest, are billed in
Canadian currency (CAD) unless otherwise stated at time
of purchase. Residents of Ontario are subject to 8% PST
on all purchases.
4. Payments and Fee's: Credit cards which are declined
may be subject to a $5.00 declination fee. Payments on
credit cards which are reversed for any reason will be
subjected to a $100.00 reversal fee. Services may be interrupted
on any accounts which reach 14 days past due. Accounts
which are not paid by their due date are subject to a
$15.00 late fee. Any additional service fee's, including
technical support, bandwidth overage charges, and other
additional fines, or fee's will be charged at the end
of the month, or at FeedQuest,'s discretion.
5. Refunds and Disputes: All payments to FeedQuest, are non-refundable
unless stated otherwise by FeedQuest, at the time of the dispute.
All disputes of charges must be reported within 45 days
of the time the dispute occurred. If the subscriber disputes
a charge to their credit card which is at FeedQuest,'s sole
discretion a valid charge under the provisions of the
Acceptable Use Policy (AUP) and/or Terms Of Service (TOS),
the subscriber agrees to pay FeedQuest, a $100.00 reversal
fee.
6. Failure to Pay: FeedQuest, reserves the right to deny service,
or terminate accounts upon the failure of the subscriber
to pay charges when due. Termination or denial as a result
of failure to pay will not relieve the subscriber from
the payment of all accrued charges, plus reasonable interest
and all collection fee's. FeedQuest, reserves the right to
retain any and/or all of a customers equipment in the
event of failure to pay. Should the customer fail to make
upon appropriate payment arrangements with FeedQuest, within
60 days, FeedQuest, reserves the right to liquidate customer
equipment, in part, or in whole, to repay overdue accounts.
7. Account Cancellation: All requests concerning account
cancellations must be sent to FeedQuest, with at least 15 days
notice, but not more then 45 days notice. All account
cancellations must be confirmed with FeedQuest,. When requesting
an account cancellation, the subscriber must have all
information relating to their account on hand for verification.
8. Availability of Services: The subscriber acknowledges
that the service provided is of a nature that services
may be interrupted for reasons other than negligence of
FeedQuest,. Any damages resulting from any interruption or
degradation of services are difficult to ascertain. Therefore,
the subscriber agrees that FeedQuest, shall not be liable for
damages arising from causes beyond the direct and exclusive
control of FeedQuest,. The subscriber also acknowledges that
FeedQuest,'s liability for it's own negligence may not in any
event exceed the amount in equivalent charges payable
by the subscriber for services during the period which
damages occurred. In no event whatsoever shall FeedQuest, be
responsible or liable for any special or consequential
damages, loss, or injury.
9. Domain Related: All accounts involving the registration,
or transfer of an existing domain name will be set up
and entered into FeedQuest,'s DNS servers with 7 business days.
Due to complications in domain transfer, some accounts
involving the transfer of domains may take up to 60 days
to process. If as a result of complications transfer of
domain should take more then 7 days, and the subscriber
cancels service before 60 days have incurred all charges
will be considered valid and earned.
10. Support Boundaries: FeedQuest, reserves the right to limit
it's technical support to it's area of expertise. FeedQuest,
provides support for issues which directly relate to servers,
or virtual accounts functioning. Support issues relating
to programming, development, or software related problems
will be billed to the subscriber at an additional rate
in 30 minute minimum intervals.
11. SPAM: The subscriber acknowledges that FeedQuest, defines
"SPAM" e-mail as any and all bulk e-mail and
Unsolicited Commercial E-mail, messages, or postings,
etc. The subscriber understands that they may not transmit,
assist in the transmission, encourage third parties to
transmit, or permit hosting of sites or any information
which is advertised by SPAM from other networks or services.
The subscriber acknowledges that they are responsible
for any and all SPAM related actions which come from their
account.
12. Internet Protocol (IP) Address Ownership: All Internet
Protocol (IP) addresses which are assigned to subscribers
belong only to FeedQuest,. Subscribers shall have no right
to use Internet Protocol (IP) addresses except as permitted
and assigned by FeedQuest, in it's sole discretion. FeedQuest, shall
maintain control and ownership of all Internet Protocol
(IP) addresses which it assigns, and reserves the
right to modify, or remove any and all Internet Protocol
(IP) addresses it assign's.
13. Bandwidth/Disk: The subscriber agrees that should
they exceed the amount of bandwidth, or disk space allocated
to them. Should the subscriber exceed allocated disk space
or bandwidth, they shall pay FeedQuest, the respective "overage"
charges which have been communicated, and/or made available
to the subscriber. FeedQuest, reserves the right to deny disk
space, or bandwidth usage which it deems to be unreasonable
and the subscriber is aware that corrective action may
be taken as a result, which may include discontinuance
of any/all services, or termination of any/all services.
The subscriber is aware that any corrective action taken
as a result of the subscriber exceeding their allocated
resources shall not entitle the subscriber to a refund
of any fee's paid in advance prior to such corrective
action.
14. Offensive Materials: FeedQuest, reserves the right to
remove any and all materials which are deemed to be offensive
by FeedQuest,. The subscriber is aware that FeedQuest, may delete,
disconnect, or terminate any services, resources, or accounts
on which the offensive materials are located, or connected
to. The subscriber is aware that should FeedQuest, choose to
take any action relating to materials or content which
FeedQuest, deems as offensive shall not entitle the subscriber
to a refund of any form.
15. Violation of Terms Of Service/Acceptable Use Policy:
FeedQuest, is under no obligation to monitor its subscribers
activities to determine whether violations of their Acceptable
Use Policy (AUP) have occurred. FeedQuest, assumes no responsibility
though its Acceptable Use Policy (AUP) to monitor or 'police'
Internet-related activities. The subscriber is aware that
FeedQuest, shall deal with each violation of the Acceptable
Use Policy (AUP) and/or all other issues on a case-by-case
basis, and is aware that FeedQuest, is under no obligation
to provide "warnings" under any circumstances.
FeedQuest, may choose to "warn" subscribers FeedQuest,
feels that the subscriber may be breaking the Acceptable
Use Policy (AUP).
16. Appearance and Network Protection: FeedQuest, reserves
the right to protect it's network, resources, and services
from influences which threaten to disrupt, or degrade
FeedQuest,'s network, resources, or services. The subscriber
is aware that FeedQuest, may firewall, drop, or disable Internet
Protocol (IP) addresses which may cause harm to FeedQuest,'s
resources, services, or appearance. This may include,
but is not limited to: subscribers who project a negative
appearance of themselves or of FeedQuest,, subscribers who
attract, have attracted, or may attract Denial of Service
(DoS) attacks, subscribers who are suspected of using
FeedQuest,'s services to SPAM, or Subscribers who are running
insecure, or inappropriate services such as open proxy's/relays.
17. Service Cancellation/Suspension: FeedQuest, reserves the
right to cancel or suspend any subscribers service which
FeedQuest, feels may be the target, or source of any violations
of the Acceptable Use Policy (AUP), or for any other reasons
FeedQuest, chooses. If inappropriate activity is suspected,
all accounts relating to the subscriber in question may
be disabled for the duration of FeedQuest,'s investigation.
FeedQuest, will is under no obligation to refund, or credit
the subscribers account(s) for such service interruptions.
18. Indemnification: The subscriber indemnifies FeedQuest,
for any violation of the Acceptable Use Policy (AUP) and
Terms Of Service (TOS) that results in loss to FeedQuest,,
or the bringing of any claim against FeedQuest, by any third-party.
If any damages are awarded against FeedQuest, as a result of
the subscribers negligence, or a user on their systems,
the subscriber agrees to pay any and all damages awarded
against FeedQuest,, and all attorneys fee's.
19. Waiver: The subscriber understands that should FeedQuest,
choose to give the subscriber a waiver for any breach
of the Acceptable Use Policy (AUP), it shall not be used,
or be constructed to be a waiver for continuing or subsequent
breaches of the Acceptable Use Policy (AUP), or as a waiver
for any other breaches of the Acceptable Use Policy (AUP).
20. Transfer of Ownership: The subscriber shall not transfer,
or assign this agreement without the prior written consent
of FeedQuest,. FeedQuest, reserves the right to cancel customers
rights under this contract at anytime without further
obligation.
21. Damages: FeedQuest, is not responsible for any damages
which may damage the subscribers business. FeedQuest, does
not make any written or implied warranties for any services
it may offer. FeedQuest, denies any warranty or merchantability
for any specific purpose. This may include, but is not
limited to loss of data resulting in delays, incorrect
deliveries, non-deliveries, any and all service interruptions
caused by FeedQuest,
22. Content: The subscriber acknowledges that they are
solely responsible for the content stored on, or transferred
through FeedQuest,'s services and/or resources.
23. Personal Information: The subscriber grants FeedQuest,
consent to collect, and/or store personal information
relating to the subscriber. This may include, but is not
limited to credit history, credit card information, and
information relating to the subscribers online activities.
The subscriber is aware that FeedQuest, may choose to store
specific billing information relating to the subscriber
such as, but not limited to
credit card numbers, and additional information for the
convenience of automatic billing. The subscriber consents
FeedQuest, to automatically bill the subscriber for all recurring
services, and/or additional charges, expenses, or penalties.