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”):
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.
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.
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.
In acting as a Host, you understand and agree:
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).
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.
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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