Website Terms and Conditions of Website Use

Top10.com (the “website”) is owned and managed by Top10.com Media Ltd (“we”) whose registered office is at 131-151 Great Titchfield Street, London W1W 5BB.

Access to and use of our website is subject to your adherence of these website terms and conditions, our privacy policy and acceptable use policy (together, the “terms and conditions”). By using this website (including the Top 10 Broadband Speed Test) you accept these terms and conditions, if you do not accept these terms and conditions, please do not use the website.

Intellectual Property Rights

You acknowledge that all intellectual property rights in, to and on our website (including the Top 10 Broadband Speed Test), including but not limited all brand names, product names and titles, all rights in the design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are owned by or licensed to Top10.com Media Ltd and its affiliates or their content and technology providers. All rights are reserved.

You may use the website including the Top 10 Broadband Speed Test for your personal, non-commercial use and you may print single copies of and download extracts of pages you see on our website for your personal, non-commercial use, providing that:

  • you may not distribute, disseminate, make available to the public, replicate in exchange for funds or assets, modify, extract from, adapt, format, copy, display, transmit, publish, license, reverse engineer, create derivative works from, transfer or sell any materials, information, products, services or other content made available on the website (including the Top 10 Broadband Speed Test) for any purpose or by any means except as expressly set out in these terms and conditions. This means that you may not mirror the home page or results pages of the website on your own website or web page;
  • you shall not directly or indirectly: (a) access, search, scrape, crawl or monitor our website or any part of it by any means (for example via a scraper, robot, spider or any other automated or manual means); (b) deep-link to our website without our prior written consent; or (c) violate any robot exclusion restriction headers on our website or bypass, circumvent, or avoid any measure employed to prevent or limit access to any part of our website, including the content;
  • you may not modify any hard or digital copies of any information or materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged; and
  • if you print off, copy or download any part of our website in breach of these terms and conditions your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Except for allowing you to use this website including the Top 10 Broadband Speed Test for your personal use in accordance with these terms and conditions, you agree and acknowledge that you are not receiving any other licence, assignment or grant of rights (whether express or implied) in or to the website (including the Top 10 Broadband Speed Test). YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE WEBSITE, ANY SERVICES OFFERED ON THE WEBSITE, INCLUDING THE TOP 10 BROADBAND SPEED TEST EXCEPT AS WE INDICATE IN THESE TERMS AND CONDITIONS.

Accessing our website

Access to our website is permitted on a temporary basis. We reserve the right to suspend, restrict, withdraw or terminate the website, including the Top 10 Broadband Speed Test at any time, we also reserve the right to suspend, modify or remove pages or suspend or close access to our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

Access to some parts of our website, or our entire website, may be restricted to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

When using our website, you must comply with the provisions of our Acceptable Use Policy.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and conditions, and that they comply with them.

Uploading Material to our Website

Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards.

Any material (including any “contributions”, as defined in the Acceptable Use Policy) you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights or of their right to privacy, or otherwise in accordance with our acceptable use policy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

Viruses, Hacking and Other Offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Reliance on Information Posted

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

Links from our Website

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites and can provide no guarantee as to the accuracy or quality of information or resources on those sites. As such we in no way endorse the information contained therein or act as an agent for the operators of the sites or bear responsibility or liability for the use or effect of the content of those sites or bear any liability for purchases of goods or services from those sites. You should read the terms and conditions and privacy policies of the sites linked to.

Information about you and your visits to our website

We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

Top 10 Broadband Speed Test

The Top 10 Broadband Speed Test is a tool built for users to find out the speed of their own broadband connection and compare it to other broadband users in their area.

We also compile all our broadband speed tests to analyse broadband provider speeds at a national level.

In order to use the Top 10 Broadband Speed Test you agree to and acknowledge that we will collect and use certain personal data from you, as described in our privacy policy Privacy Policy.

We will present certain data collected from users on our broadband StreetStats maps and aggregate results (yours included) on our graphs and use your data (in conjunction with others) to work out average speeds for our users at a local and national level.

If you do not wish for your location to be displayed on our StreetStats maps or your data compiled within our aggregated speeds, please follow the instructions on how to remove yourself from our StreetStats map and database in our Privacy Policy.

Liability

The information and materials displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. Any of the information and materials provided by us on our website may be out of date at any given time, and we are under no obligation to update such material.

We are not responsible and assume no liability for any contributions (as defined in the acceptable use policy) posted or uploaded to our website by users, including, for the avoidance of doubt, any defamatory statements, slander, libel, opinions or representations belonging to or expressed by such users.

To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are expressly excluded.

We, our affiliates and our suppliers shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of whatsoever nature incurred or suffered by you:

  • of an indirect or consequential nature;
  • for any economic loss or other loss of turnover, profits, business or goodwill;
  • by reason of inaccuracy or incompleteness of any information or data provided to you on or through the website (including the Top 10 Broadband Speed Test);
  • as a result of a third party making a claim against you arising from or in connection with your use of the website (including the Top 10 Broadband Speed Test); or
  • as a result of a government or regulatory authority imposing a fine, penalty or obligation on you arising from or in connection with your use of the website (including the Top 10 Broadband Speed Test).

Nothing in this Agreement excludes liability for:

  • our fraud or fraudulent misrepresentation;
  • death or personal injury caused by our negligence; or
  • any other matter which cannot be excluded by law.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders and other partners and employees harmless from any claims, proceedings, actions or demands including reasonable legal fees made by any third party due to or arising out of your breach of these terms and conditions or your violation of the rights of another.

Variations

We may revise these website terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these website terms and conditions may also be superseded by provisions or notices published elsewhere on our website.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from or related to this website or the Top 10 Broadband Speed Test and these terms and conditions will be governed by English law.