Terms of Service
Last updated: 06/28/2026
These Terms of Service (the “Agreement”) are entered into by and between InfoQuest Technologies, Inc. (“InfoQuest,” “we,” “us,” or “our”) and the customer, account holder, or user of our services (“Customer,” “User,” “you,” or “your”). This Agreement governs your use of the products, services, systems, websites, networks, facilities, software, support, and related services provided by InfoQuest (collectively, the “Services”).
By ordering, using, renewing, accessing, or paying for any Service, you agree to be bound by this Agreement and by any additional policies or service-specific terms incorporated by reference. If you do not agree to this Agreement, you are not authorized to use the Services.
1. Incorporated Policies and Additional Terms
Your use of the Services is also governed by the following policies, agreements, and service-specific terms, which are incorporated into this Agreement by reference where applicable:
- Privacy Policy
- Acceptable Use Policy
- Copyright Infringement Policy
- Email Abuse Policy
- Email User Policy
- Domain Registration Agreement
- Any applicable quote, order form, service agreement, colocation agreement, statement of work, or written addendum accepted by InfoQuest
If there is a conflict between this Agreement and a written service-specific agreement signed or accepted by InfoQuest, the service-specific agreement will control only for the specific Service covered by that agreement.
2. Account Eligibility and Authority
You represent and warrant that:
- You are at least eighteen (18) years old.
- You have legal authority to enter into this Agreement.
- If you are using the Services on behalf of another person, business, organization, or legal entity, you are authorized to bind that party to this Agreement.
- All information you provide to InfoQuest is accurate, current, and complete.
- You will keep your account contact information, billing information, authorized contacts, and domain contact information accurate and up to date.
You are responsible for maintaining a valid primary email address that is not dependent on a domain or service that may be suspended, expired, or unavailable. InfoQuest is not responsible for missed notices, service interruptions, domain expiration, account suspension, or data loss caused by inaccurate, outdated, unreachable, or inaccessible contact information.
Providing false, misleading, incomplete, or fraudulent information may result in order denial, suspension, or termination of Services.
InfoQuest may require additional verification before accepting an order, modifying an account, releasing information, restoring access, processing a cancellation, transferring a service, or making account-level changes. Verification may include government-issued identification, proof of account ownership, billing verification, confirmation through the customer portal, or other reasonable authentication steps.
3. Account Security and Authorized Contacts
You are responsible for all activity under your account, including activity by your employees, contractors, developers, users, resellers, customers, or any other person who has access to your account, systems, credentials, services, control panels, email accounts, websites, servers, or applications.
You are responsible for:
- Maintaining secure passwords
- Protecting login credentials
- Using multi-factor authentication where available
- Maintaining accurate authorized contact information
- Removing access for former employees, contractors, vendors, or users
- Securing scripts, websites, applications, databases, plugins, themes, CMS installations, mailboxes, devices, and customer-managed software
- Ensuring that only authorized persons access or request changes to your Services
InfoQuest may refuse to provide account-specific support, disclose account information, reset passwords, make DNS changes, cancel services, transfer domains, modify billing, or perform other account-level actions unless the request is made by an authenticated and authorized account contact.
4. Authenticated Support and Ticket Requirement
For security, authentication, tracking, assignment, priority handling, and recordkeeping, support requests must be submitted through the InfoQuest customer portal or another support method specifically authorized by InfoQuest.
The customer portal is currently located at:
https://store.infoquest.com/login
InfoQuest may decline to perform account-level support, technical changes, billing changes, DNS changes, password resets, cancellations, domain changes, email account changes, service modifications, or other sensitive actions through ordinary email, unauthenticated messages, chat, voicemail, or phone calls.
Phone support, when available, does not replace the ticket system. InfoQuest may require authentication before providing phone support and may require a support ticket before performing any action.
Email may be used by InfoQuest for notices or general communication, but ordinary email is not a substitute for authenticated support when account security, service changes, billing, or technical changes are involved.
5. Orders, Activation, and Service Availability
InfoQuest may accept or reject any order in its sole discretion. Services are not guaranteed until accepted, provisioned, and activated by InfoQuest.
Some Services may depend on third-party providers, registries, software vendors, licensing providers, upstream carriers, data centers, hardware vendors, payment processors, or other third parties. InfoQuest is not responsible for delays, denials, failures, outages, policy changes, pricing changes, or service limitations caused by third parties.
InfoQuest may require payment, identity verification, fraud review, IP justification, domain validation, or other verification before provisioning or continuing any Service.
6. Customer Content and Customer Responsibility
“Customer Content” means any data, files, websites, databases, email, images, documents, scripts, applications, code, backups, logs, messages, or other materials stored, transmitted, processed, published, hosted, or otherwise used through the Services.
You are solely responsible for Customer Content and for all transactions, communications, websites, applications, services, and activity conducted through your account or Services.
You represent and warrant that:
- You have the legal right to store, publish, transmit, process, or use the Customer Content.
- Your Customer Content and use of the Services do not violate any law, regulation, third-party right, intellectual property right, privacy right, contract, or InfoQuest policy.
- You will not use the Services for unlawful, abusive, deceptive, harmful, infringing, or unauthorized activity.
Solely for the purpose of providing the Services, you grant InfoQuest the limited right to store, copy, transmit, display, process, back up, restore, migrate, scan, modify as technically necessary, and otherwise handle Customer Content as needed to provide, secure, troubleshoot, maintain, or improve the Services.
InfoQuest does not claim ownership of Customer Content.
7. Monitoring, Security, and Corrective Action
InfoQuest may, but is not obligated to, monitor its systems, networks, services, logs, traffic, resource usage, and customer activity for purposes including security, abuse prevention, troubleshooting, operational integrity, legal compliance, billing, and service performance.
InfoQuest may take corrective action without prior notice when necessary to protect InfoQuest, its customers, its network, third parties, upstream providers, data center facilities, IP reputation, or the integrity of the Services.
Corrective action may include:
- Suspending or limiting Services
- Blocking traffic
- Rate limiting
- Disabling accounts, scripts, websites, mailboxes, databases, or applications
- Removing or quarantining malicious or abusive content
- Canging passwords
- Requiring cleanup or remediation
- Applying additional fees
- Terminating Services
- Reporting activity to law enforcement, regulators, upstream providers, registries, or affected third parties when appropriate
InfoQuest will not be liable for damages, lost revenue, lost data, business interruption, or other losses resulting from corrective action taken in good faith.
8. Prohibited Uses and Abuse
You may not use the Services for any unlawful, abusive, harmful, deceptive, or unauthorized purpose. Prohibited activity includes, but is not limited to:
- Spam, unsolicited bulk email, or abusive email
- Phishing, spoofing, credential theft, fraud, scams, or impersonation
- Malware, viruses, ransomware, botnets, exploit kits, or command-and-control activity
- Unauthorized access, scanning, probing, intrusion, brute force activity, or attacks against third-party systems
- Denial-of-service attacks or participation in abusive traffic activity
- Cryptocurrency mining unless expressly authorized in writing by InfoQuest
- Hosting or distributing infringing, illegal, defamatory, obscene, exploitative, or harmful content
- Storage or distribution of stolen data, credentials, payment card data, or regulated information without authorization
- Excessive automated traffic, abusive crawlers, scraping, AI crawler abuse, or bot activity that disrupts service or consumes excessive resources
- Activities that damage IP reputation, cause blacklisting, disrupt mail delivery, or create abuse complaints
- Use that violates the Acceptable Use Policy or any applicable third-party policy
InfoQuest may determine, in its sole reasonable discretion, whether activity violates this Agreement or threatens the Services.
9. Website, CMS, Plugin, Theme, and Application Security
You are responsible for maintaining, updating, and securing any customer-managed websites, applications, CMS platforms, plugins, themes, scripts, databases, and third-party software.
This includes, without limitation, WordPress, Joomla, Drupal, Magento, custom PHP applications, frameworks, plugins, themes, extensions, and any other software installed by you or on your behalf.
If a website, script, application, plugin, theme, mailbox, or account is compromised, abused, outdated, vulnerable, or causing service issues, InfoQuest may suspend, restrict, disable, remove, or quarantine affected components.
Upon request, InfoQuest may provide cleanup, repair, migration, update, hardening, malware removal, or professional services for an additional fee. InfoQuest does not guarantee that cleanup will remove all malicious code, prevent reinfection, restore all functionality, or recover all data.
10. Transfers, Migrations, and Professional Services
InfoQuest may offer migration, website transfer, database import, configuration, consulting, cleanup, or other professional services for a fee.
Migration and transfer work is dependent on the source platform, destination platform, customer-provided access, data quality, software compatibility, file structure, database condition, DNS configuration, licensing, third-party restrictions, and other factors.
InfoQuest does not guarantee that any migration, transfer, restore, import, or configuration work will be complete, error-free, compatible, or successful.
You are responsible for maintaining backups before any migration, transfer, restore, import, cleanup, upgrade, or professional service work is performed. InfoQuest is not liable for missing, corrupt, incompatible, incomplete, or lost data resulting from transfer, migration, restore, cleanup, or professional service work.
Unless otherwise agreed in writing, professional services are billed according to InfoQuest’s then-current rates.
11. Third-Party Products and Services
InfoQuest may provide, resell, license, recommend, integrate, or support products or services provided by third parties, including software, hardware, SSL certificates, domain registrations, control panels, cloud services, Microsoft services, WebPros products, registrars, registries, payment processors, filtering providers, data centers, network carriers, and other vendors.
Third-party products and services are subject to the terms, policies, fees, limitations, availability, and changes imposed by the applicable third-party provider.
InfoQuest is not responsible for third-party outages, defects, vulnerabilities, licensing changes, price changes, support limitations, end-of-life decisions, policy changes, renewal failures, or discontinued products.
Your rights and remedies for third-party products are limited to those provided by the applicable third-party provider.
12. Domains
Domain registrations, renewals, transfers, WHOIS/contact information, DNS settings, expiration, redemption, restoration, registry policies, registrar policies, and related services are subject to the applicable registry, registrar, ICANN, and third-party terms.
Domain registrations and renewals are final and non-refundable once submitted, processed, renewed, transferred, or charged by InfoQuest or its domain provider.
Domain renewal notices may be provided as a courtesy. You are responsible for monitoring and renewing your domains, maintaining valid payment information, maintaining accurate domain contact information, and cancelling domain renewals when appropriate.
Unless otherwise stated, domain renewals may be billed and renewed before the expiration date to prevent loss of the domain. If you do not want a domain to renew, you must cancel the domain renewal through the applicable InfoQuest customer portal or support process at least thirty (30) days before the renewal date.
InfoQuest is not responsible for expired domains, failed renewals, failed notices, inaccurate contact information, disabled email addresses, payment failures, registrar holds, redemption fees, restoration fees, registry restrictions, or loss of a domain name.
13. DNS
If InfoQuest provides DNS service, you are responsible for ensuring DNS records are accurate and appropriate for your websites, email, applications, third-party services, and other systems.
InfoQuest may assist with DNS changes, but DNS changes can affect website availability, email delivery, SSL validation, application access, and third-party services. You are responsible for verifying DNS records and understanding the impact of requested changes.
InfoQuest is not responsible for downtime, misdirected traffic, mail interruption, propagation delays, third-party DNS caching, incorrect records requested by you, or DNS changes made by your other providers.
14. Email Services
Email Services may include hosted mailboxes, Hosted Exchange, spam filtering, email routing, or related services.
You are responsible for:
- Maintaining secure mailbox passwords
- Protecting devices and credentials
- Managing mailbox users
- Monitoring storage limits
- Complying with email laws and acceptable use rules
- Ensuring DNS records such as MX, SPF, DKIM, and DMARC are correct where applicable
- Preventing spam, phishing, malware, compromised mailbox activity, and unauthorized sending
InfoQuest may suspend, rate limit, reset, block, or disable mailboxes, domains, accounts, or outbound mail if spam, abuse, compromise, excessive sending, blacklisting, policy violations, or suspicious activity is detected.
InfoQuest does not guarantee delivery of email to or from any external provider. Email delivery may be affected by spam filters, blocklists, DNS configuration, authentication records, remote server policy, sender reputation, recipient configuration, provider outages, rate limits, attachment restrictions, message size, content filtering, or other factors outside InfoQuest’s control.
Whitelisting, allow-listing, filtering adjustments, DNS changes, or log reviews do not guarantee delivery.
15. Shared Hosting
Shared hosting may only be used for active website files, active email where included, databases, and content directly related to the hosted website or service.
Shared hosting may not be used for bulk storage, backup storage, archive storage, file distribution, media repositories, software mirrors, unrelated email storage, offsite storage, or other uses not directly related to the hosted website or included service.
InfoQuest may review shared hosting accounts for excessive CPU usage, memory usage, disk usage, inode/file count, database load, email activity, traffic, bot activity, compromised scripts, or other resource issues.
InfoQuest may suspend, restrict, require upgrade, remove content, apply fees, or terminate Services when usage is excessive, abusive, harmful, insecure, or inconsistent with the purchased plan.
16. Virtual Servers
Virtual Server usage is limited by the CPU, memory, storage, bandwidth, IP addresses, licensing, software, and other resources allocated to the plan purchased.
Unless a Virtual Server is sold as a managed service in writing, you are responsible for administration, security, patching, configuration, firewall rules, backups, software, users, applications, and activity on the Virtual Server.
InfoQuest may suspend, restrict, or terminate a Virtual Server for nonpayment, abuse, compromise, excessive resource usage, licensing issues, security issues, or violations of this Agreement.
17. Dedicated Servers
Dedicated servers are not backed up by InfoQuest unless a separate backup service is purchased and confirmed in writing.
You are responsible for maintaining current passwords, authorized contacts, operating system updates, security patches, firewall rules, software, applications, backups, licensing, and all activity on the dedicated server unless otherwise agreed in writing.
Dedicated servers with unpaid invoices may be suspended, reclaimed, reprovisioned, or deleted, which may result in permanent loss of data. InfoQuest is not liable for data loss resulting from suspension, deletion, reclamation, reprovisioning, hardware failure, nonpayment, compromise, or customer action.
18. Colocation
Colocation Services may be governed by a separate written agreement. If no separate agreement applies, the following terms apply.
You are responsible for your colocated equipment, software, data, licensing, configuration, backups, remote access, hardware maintenance, and system security.
InfoQuest may provide power, cooling, network connectivity, rack space, physical access procedures, remote hands, monitoring, or related services as specified in the applicable order or agreement.
InfoQuest is not responsible for failure of customer-owned equipment, customer software, customer configuration, expired warranties, unsupported hardware, lack of backups, or loss of data stored on customer-owned equipment.
Remote hands, troubleshooting, cabling, reboots, hardware replacement, media handling, shipping, disposal, and other labor may be billable unless otherwise agreed in writing.
InfoQuest may restrict physical access for security, safety, nonpayment, emergency, facility policy, or operational reasons.
If colocation Services are terminated or unpaid, customer equipment must be removed according to InfoQuest’s instructions and any applicable written agreement. Equipment left after termination may be treated as abandoned to the extent permitted by law and the applicable agreement.
19. IP Addresses and ARIN Justification
IP addresses assigned by InfoQuest remain subject to InfoQuest policies, ARIN policies, upstream provider policies, technical availability, routing requirements, and justification requirements.
You do not own IP addresses assigned to you unless expressly documented in a separate written agreement. InfoQuest may require IP justification and may deny, reclaim, renumber, or modify IP assignments based on policy, utilization, abuse, routing, security, or operational requirements.
You may not use IP addresses for spam, abuse, blacklisted activity, unauthorized scanning, or activity that harms InfoQuest’s reputation, routing, network, or other customers.
20. Backups and Data Loss
You are solely responsible for maintaining backups of all Customer Content.
Unless a backup service is specifically purchased and confirmed in writing, InfoQuest does not guarantee that backups exist, are complete, are current, are restorable, or will be retained for any period of time.
Any backups provided by InfoQuest are best-effort and are not a substitute for customer-maintained backups. Backups may fail, become corrupt, be overwritten, be incomplete, be excluded by configuration, or be unavailable.
InfoQuest is not liable for lost data, lost email, lost websites, lost databases, failed backups, failed restores, corrupted backups, deleted services, customer error, compromise, suspension, termination, nonpayment, hardware failure, software failure, or third-party failure.
21. HIPAA and Regulated Data
InfoQuest Services are not intended for use with protected health information, medical records, HIPAA-regulated data, or other regulated sensitive data unless InfoQuest has expressly agreed in writing to provide a compliant service.
InfoQuest does not represent that the Services are HIPAA compliant. InfoQuest does not sign Business Associate Agreements for standard Services.
You may not store, transmit, process, or permit access to protected health information or HIPAA-regulated data through the Services unless InfoQuest has expressly agreed in writing.
You are solely responsible for determining whether the Services meet your legal, regulatory, security, privacy, retention, encryption, compliance, and industry requirements.
22. Billing and Payment
You agree to pay all fees, charges, taxes, and other amounts associated with the Services.
Services are billed in advance unless otherwise stated. You are responsible for keeping payment information current and ensuring that invoices are paid on time.
Payments received may be applied first to the oldest outstanding balance on your account.
Taxes, fees, surcharges, or other government-imposed charges may be added to invoices where applicable.
InfoQuest may refuse new orders, upgrades, support requests, service changes, renewals, or reactivation when an account has an outstanding balance.
23. Automatic Renewal
Unless otherwise stated or cancelled according to this Agreement, Services may renew automatically using the payment method or billing information on file.
You authorize InfoQuest to charge recurring fees, renewal fees, applicable taxes, and other charges associated with the Services.
Failure of a payment method does not cancel your obligation to pay for Services already provided, renewed, ordered, or used.
24. Late Payment, Suspension, and Collection
All invoices must be paid by the invoice due date. Any invoice outstanding for more than ten (10) days may result in suspension, restriction, termination, deletion, or non-renewal of Services.
InfoQuest is not responsible for service interruption, data loss, domain loss, email interruption, loss of access, or business interruption caused by nonpayment, failed payment, billing disputes, expired payment methods, chargebacks, or unpaid invoices.
If an account is suspended for nonpayment, Services may not be restored until all outstanding amounts are paid. Reactivation may be subject to availability, restoration limits, and reactivation fees.
InfoQuest may recover collection costs, chargeback fees, arbitration fees, court costs, and reasonable attorneys’ fees to the extent permitted by law.
25. Chargebacks and Payment Disputes
You must contact InfoQuest’s billing department or open an authenticated billing ticket before initiating a payment dispute or chargeback.
A chargeback, payment reversal, or disputed payment may result in immediate suspension or termination of Services, including domain services where permitted by applicable rules.
You remain responsible for all valid charges, chargeback fees, collection costs, and related expenses.
26. Invoice Disputes
You must dispute any invoice, charge, or payment within ninety (90) days of the invoice date or payment date. If you do not dispute a charge within that period, you waive the right to dispute it, except where prohibited by law.
Invoice disputes must be submitted through an authenticated billing ticket or another method accepted by InfoQuest.
27. Cancellations
You are responsible for properly cancelling Services you no longer want.
Shared website hosting, hosted email, Virtual Server services, and other customer-portal-managed Services must be cancelled through the InfoQuest customer portal or through an authenticated support ticket if portal cancellation is unavailable.
Cancellations may be effective immediately unless otherwise stated. Once a Service is cancelled, the Service may be terminated and associated data may be deleted immediately and may be unrecoverable. You must download and preserve any needed files, databases, email, backups, DNS records, configurations, or other data before requesting cancellation.
Domain registrations and renewals must be cancelled according to the domain rules in this Agreement and any applicable Domain Registration Agreement.
Dedicated server and colocation Services may require thirty (30) days’ notice unless a separate written agreement states otherwise. Notice must be submitted through an authenticated support ticket or another written method accepted by InfoQuest.
InfoQuest may require authentication before processing any cancellation.
28. Refunds and Money-Back Guarantee
All fees are non-refundable unless expressly stated in this Agreement or required by law.
InfoQuest offers a thirty (30) day money-back guarantee only for qualifying first-time Windows and Linux Virtual Server Services, unless otherwise stated in writing.
To request a qualifying refund, you must cancel the qualifying Service within the first thirty (30) days of the initial term and submit a refund request through an authenticated support ticket within ten (10) days after cancellation.
The money-back guarantee applies only to eligible Virtual Server hosting fees. It does not apply to:
- Domain registrations or renewals
- SSL certificates
- Software licenses
- Setup fees
- Administrative fees
- Professional services
- Custom work
- Migration work
- Dedicated servers
- Colocation
- Email services
- Shared hosting
- Add-ons
- Third-party products
- Usage-based fees
- Any service not expressly included in the money-back guarantee
Only first-time accounts are eligible for the money-back guarantee. Customers who previously used InfoQuest Services, opened multiple accounts, violated this Agreement, abused promotions, or engaged in fraud are not eligible.
Refunds are issued in U.S. dollars. Currency fluctuations, bank fees, card fees, payment processor fees, and exchange-rate differences are not the responsibility of InfoQuest.
29. Price Changes
InfoQuest may change prices, recurring charges, hourly rates, renewal fees, license fees, third-party fees, and other charges at any time.
Where reasonably practical, InfoQuest will provide at least thirty (30) days’ notice before applying a price change to an existing recurring Service. Price changes caused by third-party vendors, registries, software licensors, taxes, data centers, carriers, or other providers may take effect with shorter notice where necessary.
Your continued use of the Services after a price change takes effect constitutes acceptance of the new pricing.
30. Service Changes, Maintenance, and Migration
InfoQuest may modify, upgrade, replace, migrate, suspend, retire, or discontinue any Service, platform, software, hardware, control panel, network, data center, IP address, or system when necessary for security, performance, compliance, availability, vendor requirements, operational needs, or business reasons.
InfoQuest may perform scheduled or emergency maintenance. Scheduled maintenance may be announced when practical. Emergency maintenance may occur without prior notice.
InfoQuest may migrate Services between servers, platforms, IP addresses, software versions, data centers, or facilities for technical, security, operational, legal, or business reasons.
InfoQuest is not responsible for customer software incompatibility, outdated applications, deprecated software, unsupported scripts, broken plugins, DNS propagation, required customer changes, or third-party issues resulting from maintenance, upgrades, or migrations.
31. Uptime Guarantee
InfoQuest may provide a 99.9% uptime goal for eligible shared hosting and Virtual Server Services.
The uptime guarantee does not apply to:
- Planned maintenance
- Emergency maintenance
- Customer-caused issues
- Customer software, scripts, databases, plugins, themes, or configuration
- DNS issues
- Domain expiration or misconfiguration
- Third-party provider failures
- Internet routing issues outside InfoQuest’s control
- DDoS attacks or abusive traffic
- Suspensions, nonpayment, abuse, or policy violations
- Force majeure events
- Colocation, dedicated servers, email delivery, third-party services, or services not expressly covered
Any service credit is at InfoQuest’s sole reasonable discretion and must be requested through a billing ticket with sufficient detail. Third-party monitoring reports alone are not conclusive. InfoQuest’s logs and systems will be used to determine eligibility.
Credits, if approved, are limited to a prorated credit for the affected Service and are not cash refunds.
32. Resellers
Resellers are responsible for supporting their own customers and ensuring their customers comply with this Agreement and all applicable InfoQuest policies.
InfoQuest does not provide direct support to a reseller’s customers unless InfoQuest chooses to do so in its discretion. All support requests must be submitted by the reseller or an authorized account contact.
Resellers are responsible for all activity, content, abuse, billing, support, and violations associated with their reseller account and their customers.
Resellers agree to indemnify and hold InfoQuest harmless from claims arising from reseller activity, reseller customers, reseller omissions, reseller support, or reseller billing.
33. Shared Non-Reseller Accounts
A shared website hosting or email hosting plan may not be used to resell hosting or email services to multiple unrelated customers unless expressly authorized in writing by InfoQuest.
Customers who wish to resell hosting services must use an approved reseller, Virtual Server, dedicated server, colocation, or other appropriate plan.
34. Intellectual Property
All InfoQuest websites, designs, trademarks, service marks, logos, software, documentation, text, graphics, systems, and other materials provided by InfoQuest, excluding Customer Content, are owned by InfoQuest or its licensors.
You may not copy, modify, reverse engineer, decompile, disassemble, scrape, reproduce, sell, resell, exploit, or create derivative works from InfoQuest materials except as expressly permitted in writing.
35. Export, Sanctions, and Prohibited Persons
You may not use the Services if you are located in, organized under the laws of, or ordinarily resident in a country or region subject to applicable U.S. sanctions, or if you are listed on any prohibited, restricted, denied-party, or sanctions list maintained by the U.S. government or other applicable authority.
You may not use the Services in violation of export control laws, sanctions laws, anti-terrorism laws, or related regulations.
InfoQuest may deny, suspend, or terminate Services if it determines that providing Services may violate sanctions, export controls, law, registry rules, provider policies, or InfoQuest policies.
36. Disclosure to Law Enforcement and Legal Requests
InfoQuest may disclose customer information, account information, logs, Customer Content, or other data when required or permitted by law, subpoena, court order, warrant, lawful request, emergency request, or government/law enforcement request.
InfoQuest may also disclose information when it reasonably believes disclosure is necessary to protect InfoQuest, its customers, third parties, the public, its network, or the integrity of the Services.
37. Limitation of Liability
To the maximum extent permitted by law, InfoQuest, its directors, officers, employees, contractors, agents, affiliates, suppliers, and licensors will not be liable for any indirect, incidental, consequential, exemplary, special, punitive, or similar damages, including lost profits, lost revenue, lost business, lost data, loss of goodwill, business interruption, service interruption, security incidents, data loss, or cost of substitute services, even if InfoQuest has been advised of the possibility of such damages.
To the maximum extent permitted by law, InfoQuest’s total aggregate liability for any claim arising out of or relating to the Services or this Agreement will not exceed the amount paid by you to InfoQuest for the affected Service during the three (3) months immediately preceding the event giving rise to the claim.
This limitation applies regardless of the legal theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise.
38. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, InfoQuest disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted service, error-free operation, security, data integrity, deliverability, compatibility, and availability.
InfoQuest does not warrant that the Services will be uninterrupted, error-free, completely secure, compatible with all customer software, free from data loss, or suitable for any particular use.
39. Indemnification
You agree to indemnify, defend, and hold harmless InfoQuest, its affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors from and against any claims, damages, liabilities, losses, penalties, fines, costs, expenses, and attorneys’ fees arising out of or relating to:
- Your use of the Services
- Customer Content
- Your websites, applications, email, domains, servers, users, customers, or resellers
- Your breach of this Agreement
- Your violation of law or third-party rights
- Abuse, compromise, spam, malware, security incidents, or unauthorized activity involving your account or Services
- Your acts or omissions, or those of your employees, contractors, users, customers, or agents
This obligation survives termination of this Agreement.
40. Arbitration and Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, unless prohibited by law.
The arbitration will be conducted on an individual basis and not as a class, collective, representative, or consolidated action.
The arbitration will take place in Pennsylvania unless the parties agree otherwise or the arbitrator determines that another location is required by applicable law.
The Federal Arbitration Act governs this arbitration agreement.
The arbitrator may award relief only between you and InfoQuest and only to the extent necessary to resolve the individual claim. Claims may not be joined or consolidated unless all parties agree in writing.
If any portion of this arbitration provision is found unenforceable, the remaining portions will remain in effect to the fullest extent permitted by law.
This section should be reviewed by qualified legal counsel before publication.
41. Governing Law
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
42. Independent Contractors
InfoQuest and Customer are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary relationship, employment relationship, or franchise.
Neither party has authority to bind the other except as expressly stated in writing.
43. Assignment
You may not assign or transfer this Agreement, your account, or your rights or obligations under this Agreement without InfoQuest’s prior written consent.
InfoQuest may assign this Agreement or delegate obligations to an affiliate, successor, purchaser, subcontractor, vendor, or other party without your consent.
This Agreement binds and benefits the parties and their permitted successors and assigns.
44. Force Majeure
Neither party is liable for delay or failure to perform, other than payment obligations, caused by events beyond reasonable control, including natural disasters, fire, flood, severe weather, power failure, utility failure, network failure, labor disputes, acts of war, terrorism, civil unrest, government action, pandemic, supply shortage, equipment shortage, third-party failure, carrier failure, data center failure, upstream provider failure, cyberattack, or other similar events.
45. Changes to Services or Agreement
InfoQuest may modify this Agreement at any time by posting an updated version on its website or otherwise providing notice.
If a change is material, InfoQuest will make reasonable efforts to provide notice, which may include posting notice on the website, customer portal, invoice, ticket system, or by email.
Changes become effective when posted unless a later effective date is stated.
Your continued use of the Services after a change becomes effective constitutes acceptance of the updated Agreement.
InfoQuest may modify, suspend, replace, or discontinue any aspect of the Services at any time, subject to applicable written agreements.
46. Severability
If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
47. Waiver
Failure by either party to enforce any provision of this Agreement does not waive the right to enforce that provision later.
No waiver is effective unless in writing and signed or accepted by the party granting the waiver.
48. Third-Party Beneficiaries
Except as expressly stated in this Agreement or applicable third-party terms, this Agreement does not create rights for any third party.
Third-party providers whose products or services are used in connection with the Services may enforce provisions of this Agreement that relate to their products or services where permitted by applicable law or third-party terms.
49. Entire Agreement
This Agreement, together with incorporated policies, accepted order forms, service-specific agreements, and written addenda, constitutes the entire agreement between you and InfoQuest regarding the Services and supersedes prior discussions, proposals, representations, and agreements concerning the same subject matter.