Terms of Use
This update only changes the web link to Ookla's Privacy Policy from the old speedtest.net address to the new ookla.com address. No rights, obligations, or terms of service actually changed.
Cosmetic change: formatting, typos, or contact details.
| 93 | 93 | |
| 94 | 94 | 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: |
| 95 | 95 | |
| 96 | 96 | - Your use of, or connection to, our Services; |
| 97 | 97 | - Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; |
| 98 | 98 | - The content, the quality, or the performance of Material that you submit; |
| 99 | - Your violation of the Agreement or the Ookla [Privacy Policy](https://www.speedtest.net/about/privacy); or | |
| 99 | - Your violation of the Agreement or the Ookla [Privacy Policy](https://www.ookla.com/privacy); or | |
± CHANGEDPrivacy Policy link updated Every link that pointed to the Privacy Policy on speedtest.net now points to the same policy on ookla.com. This appears three times: in the indemnification section, the termination section, and the dedicated Privacy Policy section. | ||
| 100 | 100 | - Your violation of the rights of any other person or entity. |
| 101 | 101 | - Your violation of any applicable laws, rules or regulations. |
| 102 | 102 | |
| 103 | 103 | 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. |
| 104 | 104 | |
| 105 | 105 | 7. **Termination of Services.** |
| 106 | 106 | |
| 107 | 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. | |
| 107 | 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.ookla.com/privacy) section of the [Privacy Policy](https://www.ookla.com/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. | |
| 108 | 108 | |
| 109 | 109 | 8. **Copyright Policy.** |
| 110 | 110 | |
| 111 | 111 | 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 by email [legal@ookla.com](mailto:legal@ookla.com) and insert "**_Terms of Use_**" in the subject line. |
| 112 | 112 | |
| 113 | 113 | A notification of claimed infringement must include the following: |
| 254 | 254 | 18. **Australia Residents.** |
| 255 | 255 | |
| 256 | 256 | Nothing in these Terms (including in Sections 6, 9 and 15) limits, excludes or modifies any rights you may have under any law, including under the Australian Consumer Law (the "ACL") and consumer guarantees under the ACL, which may not be limited, excluded or modified by agreement (including where such exclusion, restriction or modification would be illegal or void under such law). |
| 257 | 257 | |
| 258 | 258 | 19. **Privacy Policy.** |
| 259 | 259 | |
| 260 | 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. | |
| 260 | 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. | |
| 261 | 261 | |
| 262 | 262 | **QUESTIONS?** _Please contact [legal@ookla.com](mailto:legal@ookla.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._ |