Schedule 1: Speed Test Server Host

Last Modified: June 10, 2021

By hosting a server for the Speed Test Products (as defined below), you (individually and on behalf of your company, the “Host”) hereby agree to the following terms and conditions (the “Speed Test Host Terms”):

  • Acceptance of Terms.

    The Speed Test Host Terms apply to any Host participating in the Program (as defined below), which may be updated by Ubiquiti from time to time for any reason and without notice to you.

  • Description of the Program

    Ubiquiti offers a number of different products relating to internet performance testing (collectively, “Speed Test Products”), including but not limited to, WiFiman application, WiFiman mobile apps, console.wifiman.com, and www.wifiman.com, which permit end users or other operators of Speed Test Products to test the speed, latency and other primary network characteristics of internet connections and receive the results (“Test Results”) when the test has successfully completed. Tests may be initiated by the end user to a host server (“Host Server”) and the Test Results may be presented to you, at Ubiquiti’s sole discretion, through a Ubiquiti web portal or application (“Host Reporting Portal”). By accepting these Speed Test Host Terms, you agree that your server may be used in connection with any current or future Speed Test Products. The “Program” includes any product, software, services or information, including the Test Results and any data you obtained through your participation as Host, relating to the current or future Speed Test Products. For purposes of clarity, the term “Services” as defined under the Terms shall include the Program.

    The Speed Test Products also include any data, source code or proprietary methodology or process embodied in, developed in connection with, collected as a result of using, or in any way associated with the Program, and any other materials developed by Ubiquiti in the course of providing the Program, which may include all Intellectual Property Rights, whether registered or unregistered and including all applications (or rights to apply) for, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

  • Termination

    Ubiquiti may in its sole discretion and at any time terminate your status as a Host with or without notice or cause. Upon termination, you shall remove and/or disable access to any links, logos and/or graphics referring or relating to your status as a Host. Further, you agree that Ubiquiti shall not be liable to you or any third-party for terminating your status as a Host. Additionally, you have voluntarily become a Host and have the right to terminate yourself as a Host at any time.

  • Representations of Host

    In acting as a Host, you understand and agree:

    • You are fully qualified with proven experience, expertise, and skills to complete the setup and installation of the Host Server using the instructions provided by Ubiquiti with no technical support or assistance required from Ubiquiti. You fully understand that Ubiquiti is not responsible for the installation, support, or maintenance of the Host Server.
    • You will use the Test Results and any or all other data collected as a result of being a Host only for your internal business use and you shall not make data available to any third parties in any form.
    • You shall not sell, loan, rent, lease, transfer, sublicense, distribute, market or grant to any third parties the Test Results, your status as Host, access to your Host Reporting Portal or any other printed or electronic materials of any nature incorporating any information related to your being a Host.
    • Ubiquiti may include in the Host Reporting Portal such Marks, copyright notices, legends, graphics and/or links as Ubiquiti may deem to be appropriate. You shall not remove, obscure, or otherwise interfere with the display or operation of any such Marks, symbols, notices, legends, graphics and/or links in the Host Reporting Portal.
    • You acknowledge and agree that (i) Ubiquiti owns its Marks and related goodwill and you will do nothing inconsistent with such ownership, and (ii) you are not authorized to use the Marks without Ubiquiti’s prior written consent.
    • Ubiquiti has sole discretion regarding the manner in which your Host Server is displayed and selected on the Speed Test Products.
    • You will meet all adequate server and network requirements, as provided by Ubiquiti from time to time, in order to maintain your status as a Host. You must ensure your Host Server is accessible to the public at all times and to any monitoring system deployed by Ubiquiti.
    • If at any time an update to the software Ubiquiti provided to you becomes available, you agree to install such update within three (3) calendar days after the date Ubiquiti delivers to you the update.
    • The Host Server shall not be used in a manner that is or could be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or would interfere with or disrupt the Speed Test Products or servers or networks connected to the Speed Test Products, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
    • You shall not take any action which would interfere with or disrupt the Speed Test Products or servers or networks connected to the Speed Test Products and/or modifies, falsifies, misrepresents, or alters any Test Results.

    You acknowledge that Ubiquiti does not pre-screen any Host, but that Ubiquiti and its designees shall have the right in its sole discretion to rescind your status as a Host. You acknowledge and agree that Ubiquiti may preserve information about you and may also disclose such information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Speed Test Host Terms; (iii) respond to claims that any such information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Ubiquiti, its users and/or the public. Further, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the Host registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ubiquiti has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ubiquiti has the right to suspend or terminate your account without any notice to you and refuse any and all current or future use of Ubiquiti’s services (or any portion thereof).

  • Host Obligations.

    You must not misuse the Program, including but not limited to: (i) adapting, reproducing, copying, modifying, distributing, sub-licensing, retransmitting or reselling the Program or merging the Program with any other program, prepare derivative works based on, demonstrate, translate, or reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Program; (ii) enabling others to use the Program with your account information; (iii) circumventing any access or use restrictions put into place to prevent certain uses of the Program; (iv) attempting to disable, impair or destroy the Program; (v) disrupting, interfering with or inhibiting any other user from using the Program; (vi) marketing or advertising any products or services through the Program unless explicitly allowed to do so; and (vii) violating applicable law.

  • Confidentiality Obligations.

    All information relating to Speed Test Products, the Program, any information contained therein (including Test Results) and any other Ubiquiti non-public information shall be deemed as Confidential Information of Ubiquiti.

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