Terms of Use

Last updated: 21st April 2020

From everyone at Oz Broadband Speed Test, thank you for using our website! We build it to help you achieve your best internet speeds. There are thousands of people using Oz Broadband Speed Test to run speed tests every day. We have to put in place some Terms of Service to help keep things running smoothly.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Oz Broadband Speed Test.

When we say “Services”, we mean any product created and maintained by Oz Broadband Speed Test. This can be delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service in the future. Typically these changes will be to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them via email.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate of any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and taking on any feedback and suggestions.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users store their password in a password manager.
  2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
  3. You are responsible for all activity that occurs under your account. That includes activity by others who have access to your login credentials.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Account Deletion and Termination

  1. You are solely responsible for properly removing your account. We provide a simple no-questions-asked delete account link. If you need help deleting your account, you can always contact us for assistance.
  2. All of your content will be inaccessible from the Services immediately upon cancellation. Within 90 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We don’t intend to have to do this, but this clause is here as a “just in case”. For more details, see our Use Restrictions policy.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Modifications to the Service

  1. We make a promise to our users to support our Services for as long as possible. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for any of our Services. We do take uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other users.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Oz Broadband Speed Test may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make.
    • To safeguard Oz Broadband Speed Test. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright

  1. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  3. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of users who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact us at any time.

Adapted from the Basecamp open-source policies / CC BY 4.0