Email Service Terms & Conditions

Following are the terms and conditions for use of email services provided by EagleQuest, Inc. [EagleQuest] or by other companies utilizing services provided by EagleQuest. By using your email account(s) provided by EagleQuest you hereby agree to be bound by these terms as a condition of service. Please read them carefully. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DISCONTINUE YOUR USE OF OUR SERVICES IMMEDIATELY AND CONTACT EAGLEQUEST TO CANCEL YOUR ACCOUNT(S).

These terms apply specifically to Email Services provided by EagleQuest. If you have a legacy dialup internet access account with EagleQuest, your services are governed by the terms and conditions specified on our old web site under the link for LEGACY SERVICES.

All customers are also subject to our current Refund Policy as posted on our web site. By using our services and/or making payment to us you agree to be bound by the terms of our current Refund Policy.

• 1. AGREEMENT

This Email Service Agreement ("Agreement") governs your use of all email services and products (collectively referred to as "Service"), both personal and corporate, provided by EagleQuest, Inc.

This Agreement is between EagleQuest, Inc. (EagleQuest) and you as a subscriber to email services provided by EagleQuest. By establishing an account with EagleQuest, or by using the Service, you agree to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement and all applicable federal, state and local laws, rules and regulations.

• 2. TERM OF AGREEMENT

The effective date of this Agreement is the date on which you subscribed to the Service or the first date that you started using the Service, whichever comes first. This agreement terminates upon termination of your Service and cancellation of your account.

• 3. SUBSCRIBER INFORMATION AND PASSWORD SECURITY

To be a subscriber of EagleQuest you acknowledge that you are 18 years of age or older and that you have the legal authority to enter into this Agreement. If you are purchasing services on behalf of a company, corporation, organization, or other legal entity other than an individual, you acknowledge and represent that you have the legal authority to make such purchases on behalf of said entity and that you may enter the entity into a binding legal agreement. You represent that all contact, billing, or other information provided to EagleQuest is accurate and complete and that you will contact EagleQuest with updates to such information should any of it change. EagleQuest reserves the right to verify the accuracy of the information you provide to us in connection with your subscription and your account and you consent to such verification.

As a subscriber you will receive usernames and passwords and other information that enable you to access and use the Service. You agree to keep such information private and secure and to not share such information with anyone who is not authorized on your behalf to use the Service in your name. You are responsible for use of the Service by any person who uses your usernames and passwords to access the Service, whether or not you authorize such a person to do so. If you discover that your account is being used by an unauthorized person or if your usernames and passwords become lost, stolen, or compromised, you agree to contact EagleQuest immediately and to change your passwords as soon as possible to prevent unauthorized use of the Service.

• 4. GENERAL TERMS

The ability to use the Service requires that you have access to the Internet of some kind, with the ability to establish connections with EagleQuest's network and servers, as well as the networks and servers of companies that EagleQuest may use to provide the Service. You understand and agree that EagleQuest is not providing the Internet Access required to use the Service. You are responsible for providing your own Internet Access as well as for any costs involved in obtaining access to the Internet to use our Service. You also acknowledge that certain network administrators of Internet Service Providers and/or private corporate networks will routinely use firewalls and/or network port blocking to secure their networks that may or may not interfere with your ability to use the Service from those networks, and that such blocking is beyond our control. You agree that it is your responsibility to obtain the appropriate Internet access required to use the Service and that the inability to access the Service due to port blocking or firewalls is not a valid reason for failure to pay for the Service.

You acknowledge that access to the Service is not encrypted unless you connect using the TLS protocols as supported by our mail and web server(s) and that any data transmitted to and from our servers that is not encrypted may be intercepted by man-in-the-middle attacks or network sniffers that have physical access to the network between your computer(s) and our servers, just as any normally non-encrypted internet traffic may be intercepted. It is your responsibility to know and verify whether or not your connections to our servers are properly configured and encrypted. We are not responsible for loss of data, theft of personal information, identity theft, or any other issues that arise due to lack of data encryption between you and our networks and servers, regardless of whether encryption is available to you or not, and regardless if you believe that encryption is working and enabled or not.

EagleQuest reserves the right to change any of the features or capabilities of the Service at any time with or without notice to you.

EagleQuest reserves the right to refuse service to anyone for any reason or for no reason.

You acknowledge and agree that the Service is provided on an AS-IS, AS-AVAILABLE basis and that there are no guarantees with regard to availability of the service, downtime, your ability to use the service, or your ability to use the service for a particular purpose or at a particular time. You understand that outages and downtime due occur from time to time and that we will do our best to minimize such outages and restore service as fast as possible. There is no refund or credit for downtime or the inability to use the service for any length of time.

Use of the Service via POP3 or IMAP requires client-side software on your computer or device. You are responsible for providing this software at your own cost. Use of our webmail system requires a compatible web browser to be installed on your computer or other device. You are responsible for providing this software at your own cost. We do not provide technical support for client side email software or for web browser software. We are not responsible for any problems associated with your choice of software, including but not limited to, any security breaches, inability to use the Service, loss of data, stolen personal information, or cost of outside technical assistance. We recommend that you always apply all security patches as soon as they come out for your software, including the operating system, and that you always keep frequent offline backups of important data and information. We are not responsible for supplying security updates or patches or for helping you back up your data or information.

• 5. BILLING AND PAYMENT

If you subscribe to the Service on a month to month basis, you will be billed the current monthly fee for your level of service. For some customers this fee is billed by calendar month, in advance, and is due by the close of business on the last business day of the calendar month, or at the time that we make our first attempt to charge your credit card if you use our automated billing program. For all other customers, this fee is billed each month on the anniversary date of the date you signed up for service or a date we choose that is reasonably close to it, and is due by the close of business on the last business day before this anniversary date, or at the time that we make our first attempt to charge your credit card if you use our automated billing program.

Accounts with anniversary date billing are normally not prorated for any reason but exceptions to this may be made under certain circumstances at our sole discretion.

If you subscribe to the Service on a yearly basis, you will be billed the current yearly fee for your level of service. This fee is billed in advance, and is based on the 12 month period immediately following the expiration of your previous billing cycle, or your date of sign-up for new accounts.

After the first 30 days past the initial sign-up date, all email services are non-refundable. This 30 day refund is not available for renewing accounts or for customers who have previously had services with us during any portion of the previous 12 months.

Domain Name Registration and/or Renewal fees are always non-refundable.

All payments must be made in US Dollars.

If you pay automatically by credit card, we will charge your credit card on file in advance for the next billing cycle. You must notify us before the end of your current billing cycle to avoid being charged for another period. If your credit card is declined, we may, at our discretion, try up to 3 additional attempts to charge the card on file. If we cannot obtain payment from the card on file we will contact you to obtain alternative payment information. If you fail to provide an alternative method of payment or if subsequent attempts to charge your credit cards or debit cards fail, we may terminate your accounts immediately and shut of all services. Termination of the account does not absolve you from paying for any past due charges or any fees that may have been incurred. If your credit card is expiring, please notify us with updated payment card information as soon as possible. If your card expires before we receive updated information, we will be unable to bill you and your account may go into default. If your account remains in default for more than 3 days, we may, at our sole discretion, terminate your account and shut off all services.

EagleQuest is not responsible for any fees resulting from charges billed by EagleQuest including, but not limited to, overdrawn account fees or over the credit limit fees.

If payment by check has been approved by EagleQuest, then we must receive your payment before the start of your next billing cycle (or within 10 days of your first billing cycle for new accounts) to avoid service interruption. EagleQuest may charge extra fees for payment by check if it is not normally allowed for your level of service. EagleQuest will charge a fee for returned checks or returned bank drafts from your financial institution.

All charges are considered valid unless disputed in writing within 30 days of the billing date and mailed to:

EagleQuest, Inc., 1715 W. Hamlin Rd., Rochester Hills, Michigan, 48309

Adjustments will not be made for charges that are disputed more than 30 days after the billing date.

EagleQuest reserves the right to change all prices and fees and institute new fees associated with your Service at any time. Notice of any change in prices or fees that results in a direct increase in cost to the customer shall be sent by email at least 14 days in advance of the effective date of such new pricing or fees to the contact email address associated with your account. If pricing or fees are increasing for your account, you may cancel your service without penalty before the rate increase takes effect. Any changes in prices or fees that decreases the cost of service to the customer, or that has no automatic effect for current customers, may be made at any time without notice or advance warning. Such pricing changes or fees, whether increase or decrease, will apply to your next billing cycle, should you choose to maintain your service with us.

All email accounts are limited to 5 GB of total storage per mailbox unless otherwise arranged. Additional storage may be available for an additional charge.

• 6. CANCELLATION AND TERMINATION

You may cancel your Service only as follows:

By Telephone by calling EagleQuest at 248-650-4700

By Email sent to billing@eaglequest.com (Your account will not be considered cancelled unless you receive an email reply directly from us acknowledging that we received your cancellation request email)

Do not assume that we received your cancellation request. Always request confirmation be sent to you via email and only then will your cancellation request become official.

If your service is not billed by our automatic credit card payment system, we will send you an email notice that payment is due for your next billing cycle. If we do not receive payment within 10 days of the start of your next billing cycle, your account will automatically be terminated and all services will be shut off.

EagleQuest may terminate your Service account at any time for any reason, including, without limitation, if your account is in default, your credit card is declined or expired and new valid information is not provided, or if payment is not made within 10 days of the start of your next billing cycle, if our attempts to contact you fail, if our attempts to contact you result in belief that you provided false or misleading information, or if you violate any of the terms and conditions listed herein.

If your account is terminated for violation of these terms and conditions, your Service fees are non-refundable.

If your account is terminated for any reason, either by us or by you, email will no longer be delivered to your mailboxes, email addresses may be returned to the available pool for someone else to purchase, and any email, contacts, files, or other data stored on our servers will be deleted and may not be recoverable.

• 7. USE OF THE SERVICE

You represent that any content, images, or data that you transmit using the service are owned by you or that you have a legal right to transmit such data. You also represent that the transmission of any content, images, or data using the Service does not violate any law (including copyright or trademark laws) or any othr third party rights.

You acknowledge and agree that EagleQuest does not monitor or control the contents of email messages, file attachments, or other data that you may receive or download while using the Service. Such content may contain material that is unsuitable for minors, and you agree to supervise and to accept sole responsibility and liability for any use of the Service by minors through your account.

As stated earlier, the Service is provided on an AS IS, AS AVAILABLE basis. There are no guarantees as to availability of the Service or fitness of the service for any particular purpose or use.

EagleQuest has no obligation to monitor the Service or content thereof but may do so to comply with laws, regulations or governmental or legal requests, or to protect the overall integrity of the Service or to operate the technical aspects of the Service.

You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with using the Service.

Unsolicited advertising or sending bulk messages via email and/or newsgroups is strictly prohibited. Spamming, including mass-emailing, cross-posting, posting to inappropriate groups or mailing lists, or otherwise causing abuse to others on the net is prohibited. Denial-of-service attacks or obstructing use of the internet for others is strictly prohibited.

You must not transmit or make available any software, graphics, files, or other material which are illegally obtained, pirated, or copyrighted by another individual without the owner's express written permission.

You must not transmit or make available any software, scripts, or other files that contain viruses or that are intended in any way to do harm to another computer or network on the Internet.

You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router, or any other internet connected device. Accessing a system on the internet without permission is a crime, and as such we will assist in prosecuting those who commit it.

You must not participate in denial of service attacks. This includes, but is not limited to, sending massive amounts of data or email, sending data packets that are altered with the intention of doing harm, sending data packets that are altered with the intention of hiding the source or destination, spoofing IP addresses, or sending large numbers of packets in a short amount of time in order to disrupt a service, web site, server, computer, or network on the Internet backbone.

You must agree to comply with any additional rules, regulations, terms of service, and/or acceptable use policies imposed by the vendors, service providers, hosting providers, networks, and/or internet carriers that we contract with to provide services to you as the end user. Your service may be terminated if you violate the rules, regulations, terms of service, and/or acceptable use policies of the companies that we depend on to provide these services to you. In many cases, we are required to agree to such agreements ourselves which often include provisions that require us to bind our customers and users to adhere to the conditions of the same agreements as additional users of these services and vendors. Any actions by you that threaten our contractual relationships with our vendors and wholesale service providers would also by default threaten our ability to provide services and our ability to remain a viable commercial entity, and therefore such actions are strictly prohibited and may result in immediate account termination with no refunds.

• 8. DOMAIN NAMES AND REGISTRATION

If you choose to use the Service in conjunction with one or more domain names that are not owned by EagleQuest, you may either register them through and host them directly with EagleQuest for use with your email accounts, or you may register them and host them through a third party. We will assist you with registering a new domain, transferring an existing domain, or configuring the settings for a third-party-hosted domain to be used with the Service. You are responsible for payment of all domain registration fees unless they are included with your level of service. If domain registration and hosting is included with your level of service, it applies to ONE domain name only, using one of the top level domains (TLD) that we support. The standard domain registration fee for EagleQuest customers is $35.00 per domain, per year for .COM, .NET and .ORG domains. We may discount this rate at our sole discretion but are not required to do so. Other TLD's may be available at an additional cost.

You maintain ownership of any domain name that you register through our service or transfer to our service, and you may take your custom domain name with you when you move to another email service provider.

You are responsible for the renewal of your domain name and for payment of any domain registration fees for domain registrations that are not included with your level of service. It is your responsibility to keep track of when your domain registration expires and to arrange for renewal and payment prior to the expiration date.

We are not responsible for the loss of domain names due to your failure to renew them or to pay for registration fees.

Certain domain names that we own but allow customers to use for email service, such as eaglequest.com, ce.net, rochester.net, and others, are owned and paid for by EagleQuest. You have no rights to these domains or any email addresses at these domains. We maintain ownership rights of all email addresses that are associated with our domain names. When your service is terminated, you lose the ability to use the email addresses that have been assigned to you using our domain names, and these addresses may be reassigned to other customers at our sole discretion.

We do not provide any web hosting services at this time.

• 9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EAGLEQUEST AND ITS SUPPLIERS AND VENDORS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EAGLEQUEST AND ITS SUPPLIERS AND VENDORS MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, PRODUCT, EQUIPMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

EAGLEQUEST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "EAGLEQUEST PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, SUITS, COSTS OR DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, IN CONNECTION WITH THE SERVICE.

THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE EAGLEQUEST PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY EAGLEQUEST PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE AND ONLY REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

THE CUMULATIVE LIABILITY OF ANY EAGLEQUEST PARTY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

YOU MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

• 10. INDEMNIFICATION

You agree to defend, indemnify and hold the EagleQuest Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney's fees and expenses that an EagleQuest Party may sustain or incur by reason of your use or misuse of the Service or the use or misuse of the Service by anyone else through your account including, but not limited to, use or misuse of the Service (i) in violation of applicable laws or regulations or the terms of this Agreement or any other EagleQuest agreement or policy; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; or (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data).

• 11. GOVERNING LAW

This Agreement is governed by the laws and courts of the State of Michigan without regard to conflict of law provisions. Any action brought in conjuction with this Agreement shall by brought in a Michigan court of competent jurisdiction.

• 12. REVISIONS TO THIS AGREEMENT

EagleQuest may revise, amend, or modify this Agreement at any time by posting the revised version of this Agreement on the EagleQuest web site located at www.eaglequest.com. The revised version will be effective on the date that it is posted. Your continued use of the Service after the date of the revised version constitutes your acceptance of all of the revisions. If you do not agree to the revisions in the revised version, your sole and exclusive remedy will be to terminate your account and use of the Service.

• 13. ASSIGNMENT

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of EagleQuest. EagleQuest may assign this agreement to another party in conjunction with either a sale of the corporation, or sale of some or all of the customers of the corporation.

• 14. SEVERABILITY

If one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby.

• 15. COMPLETE AGREEMENT

This represents the complete and total Agreement between you and EagleQuest with regard to email services. It supercedes any previous Agreement regarding your use of the Service, written or oral. If you do not agree to these terms and conditions, please discontinue your use of the Service immediately and contact us to cancel your account. By continuing to use the Service, you agree to be bound by these terms and conditions and any modification that may be posted to them in the future. Your use of the Service is conditional upon acceptance of these terms and conditions.




Effective Date: June 25, 2022