Terms of Use

ARCHIVED 2019-09-02, DATE APPROXIMATE · VERSION 20190902_rev01 · COMPARED WITH 20190301_rev01

Full text changes — 20190301_rev01 to 20190902_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

17	17	As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.
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19	19	By using the Services, you agree to: (a) provide accurate and complete information about yourself as prompted by the registration form for a Service ("_Registration Data_"), (b) maintain and promptly update the Registration Data to keep it accurate and complete, and (c) maintain the security of your password. In the event you compose a profile upon registering for the Services (a "_Member Profile_"), such profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
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21	21	2. Your Use of Content.
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23		You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the "look and feel" of our websites, applications and software and other material (collectively, the "_Content_") that are protected by copyright, trademark and/or other proprietary rights of Ookla or third parties. All Content on the Services is protected by applicable copyright and other intellectual property laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. You further acknowledge that the Content may be subject to certain restrictions and limitations set forth in certain license agreements to which Ookla is subject ("Third Party Licenses"). Ookla reserves the right, at any time, to add additional restrictions required under any Third Party Licenses. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. Please refer to our [Linking Policy](https://www.ookla.com/linking-policy) for more information on linking and use of Content.
	23	You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the "look and feel" of our websites, applications and software and other material (collectively, the "_Content_") that are protected by copyright, trademark and/or other proprietary rights of Ookla or third parties. All Content on the Services is protected by applicable copyright and other intellectual property laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. You further acknowledge that the Content may be subject to certain restrictions and limitations set forth in certain license agreements to which Ookla is subject ("Third Party Licenses"). Ookla reserves the right, at any time, to add additional restrictions required under any Third Party Licenses. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. Please refer to our [Linking Policy](https://www.speedtest.net/about/linking-policy) for more information on linking and use of Content.
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25	25	Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
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27	27	You may post on the Services only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the"_Material_"). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Ookla and its affiliates, successors, assigns and licensees (collectively, "_Licensee_") a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the "_License_"), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee's rights under the License shall not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right).
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29	29	You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended ("_Copyright Act_") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
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90	90	You agree to indemnify, defend and hold Ookla and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Ookla Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any Ookla Party in connection with:
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92	92	- Your use of, or connection to, our Services;
93	93	- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
94	94	- The content, the quality, or the performance of Material that you submit;
95		- Your violation of the Agreement or the Ookla [Privacy Policy](https://www.ookla.com/privacy); or
	95	- Your violation of the Agreement or the Ookla [Privacy Policy](https://www.speedtest.net/about/privacy); or
96	96	- Your violation of the rights of any other person or entity.
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98	98	Ookla reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ookla's defense of such claim.
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100	100	7. Termination of Services.
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102		Ookla reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review the [Updating Your Registration Information](https://www.ookla.com/privacy) section of the [Privacy Policy](https://www.ookla.com/privacy) and use the contact instructions for the particular property where you with to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. Ookla may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
	102	Ookla reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review the [What Can I Do to Control My Information?](https://www.speedtest.net/about/privacy) section of the [Privacy Policy](https://www.speedtest.net/about/privacy) and use the contact instructions for the particular property where you registered with to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. Ookla may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
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104	104	8. Copyright Policy.
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106		You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Ookla has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. §512(c). If you believe that your work has been copied and posted on the Services in a way that constitutes copyright or trademark infringement, please notify the designated agent, Stephen Hicks, Ziff Davis, LLC at 28 East 28th Street, 11th Floor, New York, New York 10016, fax: (212) 503-5136, or by email [ZDLegal1@ziffdavis.com](mailto:ZDLegal1@ziffdavis.com) and insert "_Terms of Use_" in the subject line.
	106	You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Ookla has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. §512(c). If you believe that your work has been copied and posted on the Services in a way that constitutes copyright or trademark infringement, please notify the designated agent, Stephen Hicks, Ziff Davis, LLC at 114 5th Avenue, 15th Floor, New York, New York 10011, fax: (212) 503-5136, or by email [ZDLegal1@ziffdavis.com](mailto:ZDLegal1@ziffdavis.com) and insert "_Terms of Use_" in the subject line.
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108	108	A notification of claimed infringement must include the following:
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110	110	1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
111	111	2. a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
112	112	3. a description of where the material that you claim is infringing is located on the Services (including any additional identifying information such as URLs and post numbers to assist us in identifying the allegedly infringing material);
177	177	16. New Jersey Residents.
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179	179	If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney's fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, Ookla, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.
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181	181	17. Privacy Policy.
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183		The [Ookla Privacy Policy](https://www.ookla.com/privacy) will be made available on the property from which you accessed these Terms. Such Privacy Policy is incorporated by reference into these Terms.
	183	The [Ookla Privacy Policy](https://www.speedtest.net/about/privacy) will be made available on the property from which you accessed these Terms. Such Privacy Policy is incorporated by reference into these Terms.
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185	185	QUESTIONS? _Please contact [ZDLegal1@ziffdavis.com](mailto:ZDLegal1@ziffdavis.com) and insert "Terms of Use" in the subject line if you have any questions or comments about the Agreement, or to report user conduct violating the Agreement._