Ookla® Terms Of Use Effective February 21, 2019 Effective May 14, 2019  Effective May 14, 2019 IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.  We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. You must be 13 years of age or older to use the Services. You must be 13 years of age or older to use the Services. Additionally, you must provide true, accurate and complete registration information to become a member of the Services 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. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services. Ookla and its affiliates, successors, assigns and licensees irrevocable, perpetual, worldwide in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form) sublicense third parties (including other users of the Services)  To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information. To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information. pornographic display pornographic or sexually explicit material of any kind Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Services by other users Submit Material, or engage in any activity, that is libelous, defamatory, obscene, Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful promotes or encourages illegal activity Ookla reserves the right to edit remove any Content or Material on the Services, in whole or in part Restrict, suspend, or terminate your access to all or any part of our Services Change, suspend, or discontinue all or any part of our Services Deactivate or delete your account(s) and all related information and files in your account(s) Deactivate or delete your account(s) and all related information and files in your account(s) Disclose your identity or other information about you to law enforcement officials upon request if Ookla determines in its sole discretion that such disclosure is in the interest of protecting its users or the public Ookla does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. You acknowledge that Ookla is not responsible for the availability of, or the content located on or through, any External Site. 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:  Your use of, or connection to, our Services; Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; The content, the quality, or the performance of Material that you submit; Your violation of the Agreement or the Ookla Privacy Policy. or Your violation of the rights of any other person or entity. 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:  Your use of, or connection to, our Services; Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; The content, the quality, or the performance of Material that you submit; Your violation of the Agreement or the Ookla Privacy Policy. or Your violation of the rights of any other person or entity.  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.  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. The terms of the Agreement shall survive any termination of your access. A notification of claimed infringement must include the following:  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; 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); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law. and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:  an electronic or physical signature of the person authorized to act on your behalf; a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled; a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. and your address, telephone number, and email address. and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person. Ookla reserves the right to remove any materials or content alleged to be infringing without prior notice, at Ookla’s sole discretion, and without liability to you. The Services and the Content are distributed on an “as is, as available” basis. The Services and the Content are distributed on an “as is, as available” basis.  You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and Ookla cannot guarantee the continued availability of any particular component of the Services. OOKLA, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY OF OOKLA SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST OOKLA, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE OOKLA FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD OOKLA HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE. Member Disputes.  You are solely responsible for your interactions with other Members of the Services. Ookla reserves the right, but has no obligation, to monitor disputes between you and other Members and to take action (e.g., account deletion or removal of content posted by a user) if Ookla determines that there has been a violation of the Agreement or if such action is otherwise necessary or desirable, in its sole discretion. Binding Arbitration and Waivers.  Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before a single arbitrator. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER. (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. imitation Period for Claims.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You and Ookla each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise). You and Ookla each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances. 

Summary:
There is a date of the last update of the terms. There is a date of the last update of the terms. There is a date of the last update of the agreements. Instead of asking directly, this Service will assume your consent merely from your usage..  Terms may be changed any time at their discretion, without notice to you . This service is only available to users over 13 years of age. This service is only available to users of a certain age. You must provide your identifiable information. You are responsible for maintaining the security of your account and for the activities on your account. Usernames can be rejected for any reason. You cannot distribute or disclose your account to third parties. This service is only available for use individually and non-commercially.. This service is only available for use individually and non-commercially.. Spidering or crawling is not allowed. This service can use your content for all their existing and future services. A license is kept on user-generated content even after you close your account. Your content can be distributed through any media known now or in the future. Your content can be licensed to third parties. If you offer suggestions to the service, they become the owner of the ideas that you give them. If you offer suggestions to the service, they become the owner of the ideas that you give them. Prohibits the posting of pornographic content. The posting of pornographic content is prohibited. You shall not interfere with another person's enjoyment of the service. Users agree not to submit libelous, harassing or threatening content. You agree not to submit libelous, harassing or threatening content. You agree not to use the service for illegal purposes. Content you post may be edited by the service for any reason. Specific content can be deleted without reason and may be removed without prior notice. Your use can be throttled. They may stop providing the service at any time. Your account can be deleted without prior notice and without a reason. The service can delete your account without prior notice and without a reason. This service reserves the right to disclose your personal information without notifying you. The service is not responsible for linked or (clearly) quoted content from third-party content providers. This service assumes no responsibility and liability for the contents of links to other websites. You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service. You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service. They may stop providing the service at any time. Defend, indemnify, hold harmless; survives termination. Instructions are provided on how to submit a copyright claim. If you are the target of a copyright holder's take down notice, this service gives you the opportunity to defend yourself. If you are the target of a copyright claim, your content may be removed. The service is provided 'as is' and to be used at your sole risk. The service is provided 'as is' and to be used at the users' sole risk. The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service. This service assumes no liability for any losses or damages resulting from any matter relating to the service. Any liability on behalf of the service is only limited to the past 6 months of fees you paid as a user not exceeding $100. This service cannot be held responsible for disputes that you may have with other users. The service can intervene in user disputes. This service forces users into binding arbitration in the case of disputes. You waive your right to a class action.. Users have a reduced time period to take legal action against the service. You have a reduced time period (1 year) to take legal action against the service. The court of law governing the terms is in location X. The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection.. Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder. Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder.