PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH NETSPEED AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE. NETSPEED HEREBY REQUESTS THAT YOU ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE INDICATES THAT YOU ACCEPT THESE SERVICE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE OR SERVICES.
THESE TERMS OF SERVICE INCLUDES THE PRIVACY POLICY LOCATED AT https://netspeed.cc/privacy-policy/ WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.
Acceptance of Terms of Service
These Terms of Service (the “Agreement” or “Terms of Service”) is a legally binding agreement between you, either an individual or an entity (“you” or “user”) and NetSpeed (“NS”) regarding the use of NetSpeed.cc and other related websites owned and/or operated by NetSpeed (together, the “Website”) and Services, as defined below. NetSpeed makes Website, and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Services you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in these Terms of Service, you should NOT use the Website or Services. If you do NOT agree to any additional specific terms which apply to particular Content or to a particular transaction concluded through the Website or Services, then you should NOT use the part of the Website or Services which contains such Content or through which such transactions are concluded. Also, when you use any current or future NetSpeed service or visit NetSpeed’s Website or obtain any products or services, whether free of charge or for payment, provided by NetSpeed, you will be subject to the guidelines and conditions applicable to such products or services.
These Terms of Service may be amended by NetSpeed at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after you login into your User Account (as defined below), or by e-mail to the address you provided when you set up your User Account. Your failure to provide or maintain accurate or current contact information in your User Account will not obviate your responsibility to comply with these Terms of Service as amended from time to time.
Please check these Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user-generated Content. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
NetSpeed reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice. NetSpeed also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
You can use our service to download videos and other files from many popular sites.
Users’ Obligations
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. NetSpeed IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE NetSpeed APPLICATION, WEBSITE, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where NetSpeed is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Your Use of the Website and Services
You agree not to access (or attempt to access) the Services by any means other than through the means provided by NetSpeed or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website and Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive files;
- not to use or attempt to use another user’s User Account, password, or system;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Services or any affiliated or linked sites.
User Account
You may sign up for a personalized account (“User Account”) with NetSpeed in order to access the full range of features offered by the Website and Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep this information updated. NetSpeed reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When you create your User Account, you will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by NetSpeed, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
You may also access the Website, and Service by logging in using an authorized third-party social network account, such as a Facebook or Twitter account. By doing so, you authorize NetSpeed to collect your personal profile and activity information from that third-party social network.
Please note that if you opt to use your Facebook account to login to our Website and/or use our Services, NetSpeed is able to access all of your data in connection with your Facebook account, including, without limitation your friend’s list, pictures you posted or those posted of you on Facebook, businesses, and stories you “liked”, places you visited, etc.
This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from NetSpeed.
Please read our Privacy Policy located at https://netspeed.cc/privacy-policy/ which describes how NetSpeed collects, uses, discloses, manages, and stores your personally identifiable information (“Personal Information”). You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account you use to access the Website and Services. Additionally, you may not use a User Account that belongs to someone else at any time without the permission of that account holder. NetSpeed is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by NetSpeed, another user, or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify NetSpeed immediately at [email protected].
User Content
User Account holders may upload, store or transfer files, videos, pictures, data, information, and other material through the Website, NetSpeed blog, and Services (“User Content”). NetSpeed does not own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission, except in accordance with these Terms of Service or Privacy Policy. NetSpeed also does not, as a matter of practice, review, inspect, edit, or monitor any User Content posted, stored, or accessed by you or any other user of the Website or Services. However, NetSpeed reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that NetSpeed learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. NetSpeed’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive NetSpeed’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
NetSpeed does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It is your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, and licensing requirements and does not infringe third party’s proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
NetSpeed Sponsored Content
From time to time NetSpeed may enter into partnerships with third-party service providers who may use User Content in connection with commercial, sponsored, or related content, within the Website or Services (such use is referred to as”Sponsored Content”). If your User Content (including your name, username, profile picture, content, photograph, or another likeness) is used on the Website for purposes of Sponsored Content, NetSpeed will notify you of this use and provide you with the option to “opt-out” of having your User Content used in this way. Also, you may choose to prevent all future use of your User Content for purposes of Sponsored Content within the Website. If you are under the age of eighteen (18) or under any other legal age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, username, profile picture, content, photograph, or another likeness) on your behalf. Parents or legal guardians of minor children whose User Content appears in NetSpeed’s Sponsored Content may choose to “opt-out” and prevent all future use of a minor’s User Content in this way. If you are unsure whether your User Content has been used as part of NetSpeed’s Sponsored Content and would like to find out, please contact us at [email protected]. NetSpeed will need to verify your identity before responding to any requests so please be prepared to provide certain information such as your username, password, or other information as requested by NetSpeed.
Technical Support
NetSpeed provides technical support for users. In order to receive technical support from NetSpeed, the user seeking such support must request such support by contacting NetSpeed at [email protected]. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). NetSpeed will make reasonable efforts to respond to such requests in a timely manner. The user shall cooperate with NetSpeed when seeking technical support services by providing information necessary to assist NetSpeed or requested by NetSpeed while diagnosing or resolving the issue. Although NetSpeed cannot guarantee that a technical support issue will be resolved, NetSpeed will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Services by you will be subject to these Terms of Service and Privacy Policy. The security of such information is very important to NetSpeed.
Term and Termination.
The term of these Terms of Service (“Term”) shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by NetSpeed or you by written notice. NetSpeed reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of NetSpeed’s trademarks, trade names, copyrights, and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
The Website and Services may include links to other Website and/or third party products and that are not under NetSpeed’s control (collectively, “Third Party Materials”). NetSpeed shall not be responsible in any way for such Third Party Materials. NetSpeed provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by NetSpeed of the content, products, and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Intellectual Property
Copyright, trademark, and all other proprietary rights in the Website, NetSpeed, Services, and Content (including but not limited to software, services, audio, video, text, and photographs, but excluding User Content) rest with NetSpeed and/or its licensors. Unless otherwise specifically provided herein or authorized by NetSpeed in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, NetSpeed, or Services, other than in conjunction with the Services offered by NetSpeed through the Websites.
NetSpeed hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third-Party Material or otherwise provided on this Website are the properties of their respective owners. NetSpeed disclaims any proprietary interests in intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NetSpeed HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES, OR THE CONTENT. NetSpeed DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE NetSpeed WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. NetSpeed DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY NetSpeed ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by NetSpeed in writing, contractors, agents, dealers, or distributors of NetSpeed or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. NetSpeed ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NetSpeed OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific NetSpeed products and Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
IN NO EVENT SHALL NetSpeed OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF NetSpeed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST NetSpeed PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, AND SERVICES MUST BE COMMENCED AND NOTIFIED TO NetSpeed IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
Your Warranties
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO NetSpeed IN CONNECTION WITH THE WEBSITE, NetSpeed AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NetSpeed; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY NetSpeed DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Feedback
You may from time to time provide suggestions, comments or other feedback to NetSpeed with respect to any product, material, software or information provided by NetSpeed (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for NetSpeed. NetSpeed will not disclose the source of any feedback without notice to the providing party. However, NetSpeed shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to NetSpeed’s Privacy Policy posted on this Website.
Notice and Procedure for Making Claims of Copyright Infringement
It is NetSpeed policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below.
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NetSpeed’s DMCA Agent for notice of claims of copyright infringement on this Website can be reached as follows: 901 North Pitt Street 325, Alexandria, VA 22314 or by email [email protected].
Unlawful or Prohibited Use
You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party’s use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by NetSpeed to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any NetSpeed server or otherwise attempt to disrupt the NetSpeed servers. ANY ATTEMPT BY YOU TO DAMAGE NetSpeed’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF NetSpeed IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, NetSpeed RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You hereby agree to indemnify and hold harmless NetSpeed, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party (such as “Supported Resources”), including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
Privacy
NetSpeed respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the homepage of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that NetSpeed endorses or sponsors the linker or its website, products, or services. You must not use NetSpeed’s intellectual property including but not limited to trademarks, trade names and copyrights without advance written permission from NetSpeed. Furthermore, you agree to remove the link at any time upon NetSpeed’s request.
Ending Your Relationship with NetSpeed
These Terms of Service will continue to apply until terminated by either you or NetSpeed as set out above. If you want to terminate this legal agreement with NetSpeed (i.e. these Terms of Service), you may do so by notifying NetSpeed at any time in writing at [email protected]. NetSpeed reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to NetSpeed whatsoever.
You are solely responsible for canceling your User Account, which you may do by contacting NetSpeed at [email protected].
Assignment
NetSpeed may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without NetSpeed’s prior written consent, and any unauthorized assignment and delegation by you are void and ineffective.
Service Access
If the Website and Services are not available for any period or any time, NetSpeed shall not be liable. NetSpeed gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. NetSpeed reserves the right to suspend the operation of the Website or Services. You agree that neither NetSpeed nor its third-party providers will be liable to you in any way for the termination, suspension, interruption, or delay of any of the services and products on this Website.
Force Majeure
NetSpeed will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of NetSpeed.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at NetSpeed’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
Injunctive Relief
You acknowledge and agree that any violation or breach of these Terms of Service may cause NetSpeed immediate and irreparable harm and damages. As a result, NetSpeed has the right to, and may at its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to NetSpeed in law or in equity, NetSpeed may seek specific performance of any term in these Terms of Service.
Severability
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
Miscellaneous
NetSpeed does not bear any responsibility nor assumes any risks if for any reason a product or a service made available on this Website breaches the national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws. Questions may be submitted at [email protected]. The Website and Services and accompanying products and documentation are the copyrighted property of NetSpeed and/or its licensors and are protected by copyright laws and international intellectual property treaties. Any use of the NetSpeed or third-party trademarks or logos without the prior written consent of NetSpeed or the applicable trademark owner is strictly prohibited.