Last Updated: 2019-3-27
We reserve the right, at our discretion, to change, modify, add, remove or otherwise revise portions of these Terms of Service, or any incorporated policies, rules or guidelines, at any time. Please check the Excite Site periodically for changes. Your continued access to the Excite Site, including without limitation, logging in and registering, and/or use of any Excite Services following the posting of changes to these terms constitutes your acceptance of the revised Terms of Service.
Excite is a multi-purpose service which allows you to use or access a wealth of products and services, including e-mail, search services, games, news, and a broad range of other content (collectively, the "Excite Services"). Excite Services may be offered by Excite itself, and/or by a third-party partner/service provider. Unless stated otherwise, these Terms of Service apply to all Excite Services, including those currently offered as well as any new products or services that we may add in the future.
General Terms of Service and Restrictions on Use of Materials
You may access the Excite Site, and use the Excite Services for personal, non-commercial purposes. By accessing or otherwise using the Excite Site and/or Excite Services, you are acknowledging and agreeing that you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement. If you do not comply with the Terms of Service at any time, Excite reserves the right to terminate your access to all or some of the Excite Services, which may include disabling your Excite email account. Excite may discontinue or alter any aspect of the Excite Services, including, but not limited to, (i) restricting the time the Excite Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Excite Services, at Excite's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Excite Services through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Excite Services. You further certify that you are an individual and that you are 13 or older.
In order to use certain Excite Services you must become a registered user of the Excite Site. You agree that Excite user names are the property of Excite, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an Excite user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
If you elect to register to use the Excite Services and/or utilize the Excite Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Excite registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Excite and/or BTI have/has reasonable grounds to suspect that such is the case, Excite and/or BTI have/has the right to suspend or terminate your account and refuse any and all current or future use of the Excite Site and/or Excite Services (or any portion thereof).
In addition to any other Registration Data, to register with Excite and/or BTI you will be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the Excite Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Excite Services, to any third party not authorized or facilitated by us. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us and/or our designated service provider(s) (including without limitation, BTI) of any unauthorized use of your user name or password or any other breach of security related to your account or the Excite Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations nor your negligence related to the same.
Excite may provide registered users with access to email services. Email is offered as part of the Excite Services for personal, non-commercial use only. You shall not, without Excite's express written approval, distribute or otherwise publish via any of the Excite Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all Excite Services, your privilege to use Excite email is dependent on your continued compliance with these Terms of Service, specifically including the Community Standards and Conduct listed below. Excite may revoke your privileges, terminate your registration/account or take any other measures deemed by Excite to be appropriate, in its sole discretion, to enforce these Terms of Service if violations are brought to our attention.
In addition to any other rights or remedies available to it, Excite reserves the right to immediately suspend, terminate, access and investigate the email or user account of any user upon receipt of a subpoena or law enforcement request, or when Excite believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing email messages, or with any fraudulent, misleading or illegal activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay Excite liquidated damages of $5 for each piece of unsolicited bulk Email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay Excite's actual damages, to the extent such actual damages can be reasonably calculated.
Notwithstanding the foregoing, in order to permit Excite to protect the quality of its products and services, you hereby consent to Excite employees and authorized agents, including, without limitation, service providers such as BTI, being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Excite shall not disclose the existence or occurrence of such an investigation unless required by law. You further acknowledge that Excite (and BTI) is(are) acting as a passive conduit for your email service, and Excite is not undertaking any obligation or liability relating to any content or activities sent and/or delivered via email.
Email Storage and Delivery; Termination of Inactive Accounts
The amount of Email storage space per member may be limited. Email accounts may be archived at such time intervals as Excite, BTI and/or its or their third-party service provider(s) determine in their sole discretion. Some Email messages may not be processed due to space constraints, outbound message limitations or disruptions in the system(s). You agree that Excite and BTI are not responsible or liable for the deletion or failure to store messages or other information.
Email accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an email account, messages (whether sent, received, in draft form or archived) and address book entries will no longer be accessible.
If, on your own or at our request, you submit content (e.g., contest submissions, responses to surveys, etc.), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant to Excite and its affiliates a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. Excite shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. None of the Submissions shall be subject to any obligation of confidence on the part of Excite, and Excite shall not be liable for any use or disclosure of any Submissions. You represent and warrant that you own the contents of any Submissions or otherwise have sufficient rights in the Submissions to grant to Excite the license set forth above.
You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you post, email or otherwise transmit via the Excite Services. Excite does not control all of the content posted on or via the Excite Site or Excite Services and, as such, does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. You understand that by using the Excite Site or Excite Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Excite be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Excite Site or Excite Services.
You agree to not use the Excite Services (including, without limitation, the email service) to:
Links/External Sites and Resources
Excite and its service providers utilize diligent efforts to maintain the Excite Services, but Excite and its service providers are not responsible for any defects or failures associated with the Excite Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Excite and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Excite Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using the Excite Services may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE EXCITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. EXCITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, EXCITE MAKES NO WARRANTY THAT THE EXCITE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE EXCITE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE EXCITE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXCITE SERVICES, INCLUDING EMAILS SENT VIA THE EXCITE SERVICES, IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM EXCITE PERSONNEL OR THROUGH THE EXCITE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCITE, AS DEFINED ABOVE, INCLUDING WITHOUT LIMITATION, MINDSPARK INTERACTIVE NETWORK, INC., AND ITS PARENT, AFFILIATED, AND SUBSIDIARY COMPANIES, AS WELL AS ITS AUTHORIZED AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS SERVICE PROVIDERS (INCLUDING WITHOUT LIMITATION, BTI), AND CONTRACTORS (THE FOREGOING COLLECTIVELY "EXCITE PARTIES"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXCITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE EXCITE SERVICES, EMAIL, AND/OR PARTICIPATE IN ANY EXCITE SWEEPSTAKES; (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 EXCITE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EXCITE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE EXCITE SERVICES OR OPERATION OF EMAIL AND/OR ANY EXCITE SWEEPSTAKES. IN NO EVENT SHALL EXCITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE EXCITE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE EXCITE PARTIES FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE EXCITE SITE, EMAIL AND/OR EXCITE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY EXCITE OR ITS DESIGNATED AGENT OR PROVIDER OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that Excite, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Excite Services, and remove and discard any Submissions or other content within the Excite Services, for any reason, including, without limitation, for lack of use or if Excite believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Excite may also in its sole discretion and at any time discontinue providing the Excite Services, or any part thereof, with or without notice. You agree that any termination of your access to the Excite Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Excite may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Excite Services. Further, you agree that Excite shall not be liable to you or any third party for any termination of your access to the Excite Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
COPYRIGHT AND COPYRIGHT NOTICES
You acknowledge that the Excite Site and Excite Services contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Excite-generated Content and Content provided to Excite by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Excite owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the Excite Site as a whole. The Excite name and logo are trademarks of Mindspark Interactive Network, Inc. All other trademarks appearing on the Excite Site or Excite Services are trademarks of their respective owners. Excite's partners may also have additional proprietary rights in the Content which they make available through the Excite Services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by Excite, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Excite. Excite does not transfer title to the Software to you. You may not redistribute, sell, export, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Excite respects the intellectual property of others, and we ask our users to do the same. Excite may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Excite's Copyright Agent the following information:
Please contact Excite's Copyright Agent for notice of claims of copyright infringement at:
Excite, c/o Mindspark Interactive Network, Inc.
Attn: Legal Department
29 Wells Avenue, Suite 300
Yonkers, NY 10701
Governing Law and Other Miscellaneous Terms
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Excite relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Excite's successors, assigns and licensees.
These Terms of Service (and any further policies or documents incorporated by reference herein) constitute the entire understanding between Excite and users of the Excite Site and Excite Services concerning the subject matter hereof and may not be modified except by revised Terms of Service posted by Excite. These Terms of Service, which may be modified or amended by Excite from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Service will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.
No failure or delay by Excite in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service. No waiver by the Excite Parties of any term or condition set forth in these and/or incorporated Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Excite Parties to assert a right or provision under these and/or incorporated Terms of Service shall not constitute a waiver of such right or provision.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
You may not assign or delegate any of your rights or obligations under these Terms of Service, without Excite's prior written consent, which may be given or withheld in Excite's sole discretion. Excite may assign and/or delegate any of its rights or obligations under these Terms of Service without your written consent and in Excite's sole discretion. Excite may subcontract any or all of its obligations to provide the Excite Services, email and/or any of the related functions providing the same. These Terms of Service are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.
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