Terms of Service

Adarky Terms of Service

By using Adarky, a division of Speedus Corp, you agree to be bound by the following terms and conditions (which the attorneys call the "Adarky Terms of Service"), which are a binding agreement between you and Adarky and its community affiliates.

You represent that you are of legal age to agree and be bound by this agreement.

You may use Adarky and technology provided to you by Adarky for the sole purpose described here. You must immediately notify us of any unauthorized use of Adarky or any other security breach.

Adarky retains the right to track, intercept and disclose any transmissions over or using our facilities, and to provide user information, use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our users, rights, or property, including intellectual property).

Adarky is committed to working for you. Online safety is a shared responsibility. Adarky asks you to join us in defending privacy and data safety online. We ask you to think proactively and to protect not only your identity and data online, but also the privacy and safety of your fellow users online. This requires that you agree to refrain from:

  • distributing or reselling any unauthorized or modified version of Adarky;
  • attempting to collect or maintain any information about other users within Adarky or other third parties for unauthorized purposes;
  • attempting to collect or maintain any information about other users within Adarky free community or other third parties for unauthorized purposes;
  • transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • and using any part, piece or program of Adarky or intellectual property for any unlawful, harassing, abusive, criminal or fraudulent purpose.

We ask that you be as protective of your user data as we are. We urge you to responsibly protect all user data, make frequent backups, and take adequate measures to safeguard the safety of your data and that of other members of the community.

You understand and agree, as a condition of your use of Adarky that the advertising you see on the sites that you visit may be customized based on your location and/or relevance and that as a result, the pages you view may have different advertisements than those you otherwise would have seen. The process by which this is done is not dependent on your personal information, and your personal information will not be collected by the servers that direct advertising to you.

To assure this, we depend upon your awareness and acknowledgment that Adarky or future designated third parties own all right, title and interest in and to Adarky, portions thereof, or software provided through or in conjunction with Adarky. That includes without limitation all Intellectual Property Rights.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

While Adarky does not charge you, Adarky may collect anonymous usage information from your computer that we and our trusted team may use to select and display to you a) urgent public safety information when appropriate, b) sponsored messages targeted to unique groups of users upon their acceptance, and c) to perform and publish research about how people use the Internet. Your anonymity and privacy will be protected in all such activities.

Adarky does provide you with the ability to choose your preferred categories of advertising, advertisers and specific kinds of sponsored messages and activities.

Use of Adarky is conditioned on your agreement to use Adarky DNS to block Internet advertising and display new advertising to you. If you do not want to have Adarky work for you, simply follow the instructions on our website to undo your settings.

Changes in Adarky's Terms of Service
We may modify or terminate Adarky and these Adarky Terms of Service and any accompanying policies for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any user or any third party. Please review these Adarky Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by Adarky to you shall terminate.

Since Adarky does not collect personally identifiable data on its users, we regrettably are unable to directly notify you of changes to this policy. If you would like to subscribe to our announcements list, you may do so here[tf2] . The information gathered there will be subject to the same privacy considerations as all other Adarky operations.

Disclaimers of Warranties
ADARKY AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ADARKY AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ADARKY AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ADARKY AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU USE ADARKY AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ADARKY AND SUCH THIRD PARTY SOFTWARE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ADARKY OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF ADARKY OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ADARKY AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON ADARKY AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY FROM INABILITY TO USE ADARKY AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ADARKY AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ADARKY (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

AGAIN, THERE ARE SOME STATES OR OTHER JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU EITHER.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ADARKY, ITS SUPPLIERS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

Indemnity
You agree to hold harmless and indemnify Adarky its affiliates, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of Adarky, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Adarky will provide you with written notice of such claim, suit or action.

Miscellaneous Provisions
These Adarky Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Adarky Terms of Service to be unenforceable, the remainder of the Adarky Terms of Service will continue in full force and effect.

These Adarky Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Adarky Terms of Service will be effective only if in writing and signed by Adarky.