Terms Of Service
Last Updated on: February 16, 2022
The website at www.excite.com
(the “Site”) is operated by Ask Media Group LLC, on behalf of
Ask Applications, Inc. (“AMG”, “we” or “us”).Excite provides a
portal page with access to other content and services (such as
email) provided by third parties, as well as content pages
(“Services”).Excite search services are provided through a third
party, System1 LLC. When
you perform a websearch on www.excite.com, you leave our Site and are taken to a search results page
owned and operated by System1, that we do not control. You
should review System1’s Terms of Use and Privacy Policy located at the bottom of these search
result pages. Our previous
email service is now provided by Google, LLC.If you click on the
email link in our menu of services, you will be taken to
Google.com and Google’s Privacy Policy and Terms of Use will be applicable. If you have converted
your Excite email
account to a BlueTie premium email account, the BlueTie Privacy
Policy and Terms of Use will be applicable.
Use of our Site and Services is subject to these Terms of
Service (“Terms of Service”). By using the Site and Services,
you are deemed to accept and be bound by these Terms of Service,
INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND
className ACTION WAIVER CONTAINED IN SECTION 14 BELOW. If you do
not accept these Terms of Service, please discontinue using the
Site and Services. The Terms of Service applies regardless of
the device used to access the Site and/or Services (e.g.,
personal computer, a mobile device or any other technology or
software known today or developed in the future). If you have
any questions or concerns with respect to these Terms of Service
or Site and Services, please contact us here.
The Services are offered from the United States of America and, regardless of your place of
residence or access location, your use of them is governed by the laws of the State of California,
USA. AMG makes no representations that the Site is appropriate for use in other locations or are legal
in all jurisdictions. Those who access or use the Site from other locations do so at their own risk
and consent to the transfer and processing of their data in the United States of America and any other
jurisdiction throughout the world.
These Terms of Service may change from time to time, without any notice other than posting on the
relevant page. Your continued use of the Site and Services following our posting of changes
constitutes your acceptance of any such changes. Please check this page from time to time for current
Terms of Service.
The section titles in these Terms of Service are for convenience only and have no legal or
contractual effect. Links to the various sections in these Terms of Service are provided below for
your convenience.
1. Privacy
For all questions about how we use the information we obtain
through your use of the Sites and Services, please visit the
Excite Privacy Policy. By using the Site and Services, you agree to our
collection of use of your data as described in our Privacy Policy.
2. Your License to Access Content on Site
All right, title and interest to the content displayed on the Site, including but not limited to
the Sites’ look and feel, data, information, text, graphics, images, sound or video materials,
photographs, designs, trademarks, service marks, trade names, excluding URLs, trademarks and content
provided by third parties, are the property of Ask Applications, Inc., and are protected by copyright,
trademark, patent or other proprietary rights and laws. Any such content may be used solely for your
personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast or circulate any such material without the written permission of AMG or Ask
Applications. You are not granted any other license or right (including by implication, by estoppel or
otherwise), with respect to the Site, Services, or any content accessible through the Site or
Services. Any rights not expressly granted in these Terms of Service are reserved by AMG.
In your use of the Site and Services, you agree to comply with all applicable laws including those
regarding the transmission of technical data exported from the United States or the country in which
you reside.
3. Age Restriction
The Sites and Services are not intended for children under 13 years of age in the US, 16 years of
age in the EEA and under the age for consent of collection of personal information in any other
jurisdiction, and you may not use the Site or Services or register for additional features, if you are
under the required age. You hereby represent and warrant that you have the required age to use the
Site and Services.
4. Code of Conduct
When using any portion of and/or functionality on or through the Site or Services, you may not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- Interfere with or disrupt the Site’s functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
- Modify the Site or Services in any manner or form , or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of AMG;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- Access the Site or Services by any means other than through the interface that is provided by AMG;
- Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
- Collect or store personal data about other users of the Site or Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
You may not send automated queries of any sort to the Site, including using any software which
sends queries to determine how a website or webpage “ranks” for various queries, “meta-searching”, and
performing “offline” searches on the Site.
You agree not to use the Site or Services to:
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, className, ethnicity, national origin, religion, sexual preference, disability or other classNameification or otherwise objectionable in any way;
- Harm or threaten to harm anyone in any way;
- “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity (including an AMG agent), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Manipulate identifiers in order to disguise the origin of any content or comment you post on or through the Sites and Services;
- Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
- Facilitate violations of these Terms of Service.
AMG reserves the right to take any action it deems appropriate if it determines, in its sole and
absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms
of Service. Such action may include terminating your license to access the Sites or use the Services
or initiating civil or criminal legal proceedings.
5. Use the Site and Services at Your Own Risk
The Site and Services include links to other websites or resources. Internet transmissions are
never completely secure. Because AMG has no control over such sites and resources, you acknowledge and
agree that AMG is not responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You acknowledge that such external sites
usually have their own terms and conditions, including privacy policies, over which AMG has no control
and which will govern your rights and obligations with respect to the use of those websites.
To offer use of the Site and Services to its users for free, AMG allows advertisers to display
advertisements or promotional answers on certain pages of the Site. Your dealings with advertisers and
third party vendors found on or through the Services and/or on the Site, including your participation
in promotions, purchase of goods and services, and any terms, conditions, warranties or
representations associated with such activities, are solely between you and the third party advertiser
or vendor. AMG does not make any representations or warranties with respect to any goods, services or
websites that appear in advertisements or promotional answers, and you agree that AMG will have no
liability for any loss or damage of any kind incurred as a result of any activities you undertake in
connection with the use of or reliance on any content, goods, services, information or other materials
available, through advertisers and/or third party vendors. You understand that there is an inherent
risk in submitting content to the Site and/or Services, and that any communications may be subject to
interception by a third party.
You understand that by using the Services, you may be exposed to content that is offensive,
indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of
any linked third party websites or resources, you do so solely at your own risk. Under no
circumstances will AMG be liable in any way for such content, including, but not limited to, for any
errors, omissions or misrepresentations in any linked third party website, or for any loss or damage
of any kind incurred by you as a result of your use of, or reliance on, or any linked third party
website.
You acknowledge, consent, and agree that AMG may access, preserve, and disclose your information
and/or any content you submit or make available through the Site and/or Services, if required to do so
by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary
for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of
Service; (3) to respond to claims that any content violates the rights of third parties; (4) to
protect the rights, property, or personal safety of AMG, its users, and the public; or (5) to respond
to your requests for customer service.
6. Modifications to the Site and Services
AMG reserves the right at any time and from time to time to modify, suspend, discontinue or
terminate the Site or Services (or any part thereof) with or without notice. You agree that AMG will
not be liable to you or to any third party for any modification, suspension, discontinuation or
termination of the Site or Services.
7. Termination of Your Access to the Site or Services
We may terminate your use of the Site and/or Services or any other features in our sole discretion
due to: (i) your violation of these Terms of Service; (ii) if we consider, in our sole discretion,
that (a) certain comments you have posted are inappropriate and/or do not meet any applicable
guidelines, (b) your use of the Site or Services or your behavior does not meet our standards or
violates other applicable guidelines or (c) you have otherwise violated these Terms of Service. You
agree that any termination of your access to the Services, the Site or any additional features may be
effected without prior notice, and acknowledge and agree that AMG may immediately delete all related
information and/or bar any further access to the Site, the Services or any additional features.
Further, you agree that AMG shall not be liable to you or any third party for the discontinuation or
termination of your access to the Site, the Services or any additional features.
8. Disclaimers
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. AMG IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITES.
- YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- AMG MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE SEARCH RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
- ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
9. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT AMG, AND ITS SISTER COMPANIES AND AFFILIATES, AND THEIR OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS
OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND
ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
- RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR
- ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT AMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify and hold AMG, its parent company, and affiliates, and their officers,
directors, employees and agents, harmless from and against any and all liability, losses, claims,
demands, disputes, damages or costs of any kind, including, without limitation, reasonable
attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content
you post, display or otherwise transmit through the Site or the Services, (b) your use of or
reliance on the Site or Services, (c) your connection to the Sites or Services, (d) your violation
of these Terms of Service or other applicable guidelines, or (e) your violation of any rights of
another party.
11. Copyright and Trademark Protection
AMG or its sister company Ask Applications, Inc.own all
right, title and interest in and to the Site, the content
and Services offered on the Site as well as our logos,
tradenames, and trademarks (“AMG IP”). The AMG IP is
protected under U.S. and international intellectual property
laws (including, without limitation, copyright and
trademark). Except as otherwise allowed under these Terms of
Service, you agree not to copy, display, or use the AMG IP
in any manner without AMG’s prior written permission. To
seek permission to use any of the AMG IP, please contact us here.
12. Notice for Claims of Copyright Infringement
AMG respects the intellectual property rights of others and requires those that visit the Site
and use the Services to do the same. AMG may, in appropriate circumstances and at our discretion,
remove or disable access to material on the Site or Services that infringes upon the copyright
rights of others. AMG also may, at our discretion, remove or disable links or references to an
online location that contains infringing material or infringing activity. In the event that any
visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, AMG may in
its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to
our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on the Site or in connection with the Services in any
manner that constitutes copyright infringement, please notify AMG’s copyright agent by written
notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Site or Services of the material you claim has been infringed (by copying the URL of the relevant page), or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
The best way to submit a copyright infringement notice and
takedown request is to contact us here. The mailing address for Ask’s copyright agent
for notice of claims of copyright infringement on the Site and/or in connection with the Services
is:
Copyright Agent, Attn: Legal Department, 555 12th Street, Suite 400
Oakland, CA 94607
13. Applicable Law
These Terms of Service and the relationship between you and AMG are governed by the laws of the
State of California without regard to its conflict of law provisions.
14. Binding Arbitration and className Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING
YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS DIFFERENT
FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN
ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
This Binding Arbitration and className Action Waiver (this "Waiver") applies to any dispute
arising between you and AMG regarding these terms. Dispute, for purposes of this Waiver, means any
dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation,
ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible
meaning allowable under law.
In the event of a Dispute, you must provide AMG with a Notice of Dispute, which is a written
statement of the name, address and contact information of the party giving it, the facts giving rise
to the Dispute, and the relief requested. You must send any Notice of Dispute to Ask Media Group,
LLC at 555 West 18th Street, New York, New York 10011, Attention: Legal.
Except for AMG’s rights to provisional remedies as set forth
below, the exclusive means of resolving any dispute or claim
arising out of or relating to your use of the Site and
Services (including any alleged breach of these terms and
conditions) shall be BINDING ARBITRATION administered by the
American Arbitration Association in either San Francisco,
California. The rules of the American Arbitration
Association can be found here. By using the Site and Services and agreeing to
the above arbitration agreement, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any
claims between you and AMG or Ask Applications (except for matters that may be taken to small-claims
court as set forth below). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A className ACTION OR OTHER
className PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a
court can, but you should note that arbitration proceedings are usually simpler and more streamlined
than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and
may be overturned by a court only for very limited reasons.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and
shall include no injunction or direction to any party other than the direction to pay a monetary
amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other
damages not measured by the prevailing party’s actual damages in any arbitration initiated under
this section, except as may be required by statute.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm,
modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In
the event that this arbitration agreement is for any reason held to be unenforceable, any litigation
against AMG or Ask Applications (except for small-claims court actions) may be commenced only in the
federal or state courts located in San Francisco County, California. You hereby irrevocably consent
to the jurisdiction of those courts for such purposes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement
does not preclude AMG from enforcing its intellectual property rights and/or seek provisional
remedies against unfair competition, misappropriation of trade secrets, unauthorized access, fraud
or computer fraud, and/or industrial espionage, such as requesting a temporary restraining order,
preliminary injunctions, and/or receiverships pending arbitration proceedings.
NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM. YOU AND AMG ALSO HEREBY WAIVE THE RIGHT TO A JURY
TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 14 IS HELD NOT TO APPLY TO AN ARBITRAL
CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, AMG, OR AMG INDEMNIFIED PARTIES, BOTH YOU AND AMG
STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU
EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
className Action Waiver. Any proceedings to resolve any Dispute (for example, relating to any
person’s access to or use of the Site or Services, or the provision of content, products, services,
or technology on or through the Site or Services, or the handling of information collected on the
Site) will be conducted solely on an individual basis. Neither you nor AMG will seek to have any
dispute heard as a className action, private attorney general action, or in any other proceeding in
which either party acts or proposes to act in a representative capacity. No arbitration proceeding
may be combined with another without the prior written consent of all parties to the applicable
proceeding.
To the extent permitted by law, any Dispute must be filed within one year. The one-year period
begins when the Dispute first could be filed. If such a Dispute is not filed within one year, it is
permanently barred.
If this Waiver is found to be illegal, invalid or unenforceable as to all or some parts of a
Dispute, then this Waiver will not apply to those parts. Instead, those parts will be severed and
proceed in a court of law, with the remaining parts proceeding in arbitration. If any other
provision of this Waiver is found to be illegal, invalid or unenforceable, that provision will be
severed with the remainder of this Waiver remaining in full force and effect.
15. Severability of These Terms of Service
If any provision of these Terms of Service is found by a court or other binding authority to be
invalid, the remaining provisions contained in these Terms of Service shall continue in full force
and effect.
16. Limitation of Actions Brought against AMG
You agree that any claim or cause of action arising out of your use of the Site or Services or
these Terms of Service must be filed within one year after such claim or cause of action arose or it
shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Within this period, any failure by AMG to enforce or exercise any provision of these Terms of
Service or any related right shall not constitute a waiver of that right or provision.
17. Third Party Beneficiaries
You agree that, except for Ask Applications, AMG indemnified parties, and as otherwise expressly
provided in these Terms of Service, there shall be no third party beneficiaries to this agreement.