Terms of Use

LAST UPDATED: March 7, 2024

Welcome to the commoncrawl.org website (the "Site"). The Common Crawl Foundation ("CC", "we", or "us") established the Site and the databases, tools and information we collected and developed using the ccBot crawler, including the Crawled Content (as defined below) (all of the foregoing, collectively with the Site, the "Service") for anyone to access a comprehensive crawl of the Internet for the purpose of enabling a new wave of innovation, education and research.

To help us preserve our mission statement and to properly balance the interests of our users and the owners of the websites that the Service has crawled, we have established these Terms of Use ("ToU"). The ToU describe the terms and conditions applicable to your access and use of the Site and the Service.

Your use of the Site, the Service, or the Crawled Content signifies that you agree to the ToU and constitutes your binding acceptance of the ToU, including any modifications that we make from time to time. We may include links to the ToU in the Crawled Content, and, for the avoidance of doubt, your use of the Crawled Content signifies your binding acceptance of the ToU.

We may amend the ToU at any time by posting the amended Terms of Use on the Site, and, by continuing to use the Service or Crawled Content after we make such modifications, you agree that you will be subject to the modified ToU.  If you do not agree to the modified terms, you should discontinue your use of the Service and the Crawled Content. For your convenience, the date of last revision is included at the top of this page.

We may make changes to the Site and/or the Service at any time. You understand that we may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.  If additional terms or conditions are available with or applicable to the relevant portion(s) of the Service, then those additional terms become part of your agreement with us if you use any such portion(s) of the Service.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 6 AND 7 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 11 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.

1. LIMITED LICENSE

CC grants you a limited, non-assignable, non-transferable, non-sublicensable, non-exclusive, limited license to access and use the Service subject to the terms and conditions of these ToU. You may not use the Service or the Site in any manner except as authorized under these ToU. CC reserves all other rights not otherwise expressly granted in these ToU.

2. UNLAWFUL AND PROHIBITED USE AND CONDUCT

You agree that your use of the Service and Crawled Content  must comply with all applicable local, state, national, and international laws, and that you will not use the Service for any illegal purpose. You also acknowledge and agree that all information, data, text, scripts, web pages, web sites, software, html page links, open data APIs, metadata or other materials contained in, or otherwise made accessible to you in, the Service (collectively the "Crawled Content") may be subject to separate terms of use or terms of service from the owners of such Crawled Content.

In addition to the foregoing restrictions, you hereby agree that you will not use or access the Service or Crawled Content for or to engage in any of the following:

(a) engaging in harmful, defamatory, threatening, abusive, harassing, tortious, vulgar, libelous, hateful or otherwise offensive or objectionable activities;

(b) invading other people's privacy;

(c) exploiting children or otherwise harming minors;

(d) violating the rights of another individual or entity, including but not limited to such party's intellectual property rights or other proprietary rights;

(e) circumventing copy-protected devices and software;

(f) interfering with or disrupting the Service and/or the servers or networks connected to the Service or circumventing, disabling or interfering with security features on the Site;

(g) displaying, distributing or transmitting unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";

(h) stalking or otherwise harassing another person;

(i) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

(j) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Crawled Content available through the Service;

(k) violating any applicable local, state, national or international law, and any applicable regulations having the force of law;

(l) collecting or harvesting any personally identifiable information or personal information for use separately from the Crawled Content; or

(m) using the communication systems provided by the Site for any commercial solicitation purposes.

3. CONTENT DISCLAIMERS AND RESTRICTIONS

You understand and agree that the Crawled Content made available through the Service is the sole responsibility of the individual or entity from which such Crawled Content originated. We are not responsible for any Crawled Content accessible through the Service. CC cannot guarantee the truthfulness, authenticity, quality, lawfulness or accuracy of the Crawled Content. By using the Service, you agree that under no circumstances will CC be liable to you or to any third parties in any way for any Crawled Content, including, without limitation, for any errors or omissions in any Crawled Content, or for any loss or damage of any kind incurred as a result of the use of any Crawled Content made available via the Service. In addition, the Site or Crawled Content may contain links to third party websites that are not owned or controlled by CC. By using the Service, you agree that we shall not be liable in any manner from your use of any third party website, including, without limitation, web sites linked from the Site, the Service or the Crawled Content.

You acknowledge that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse, change, delete, or recategorize any Crawled Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Crawled Content at any time and for any reason in our sole discretion, including, without limitation, because certain Crawled Content violates this ToU or is otherwise illegal or objectionable.You understand and agree that CC may, in its sole discretion and without prejudice to CC's rights to seek any redress available to it under applicable laws and/or file any claims that may be available to CC, terminate your use of the Service and/or the Crawled Content at any time and for any reason, and without prior notice to you.  For the further avoidance of doubt, in the event that your use of the Service and/or Crawled Content gives rise to any liability and/or third-party claims, nothing in this ToU or elsewhere shall be construed as limiting any rights that may be available to CC to seek redress and/or file claims against you as a result of such liability and/or third-party claims. You further agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the ToU may be grounds for immediate termination of your right to continue to use the Site, the Service or Crawled Content. You further agree that you must evaluate, and bear all risks associated with the use of any Crawled Content, including any reliance on the accuracy, completeness, lawfulness or usefulness of such Crawled Content. In this regard, you acknowledge that you may not rely on any Crawled Content created or accumulated by CC.  CC strongly recommends that you obtain the advice of legal counsel before making any use, including commercial use, of the Service and/or the Crawled Content.  BY USING THE CRAWLED CONTENT, YOU AGREE TO RESPECT THE COPYRIGHTS AND OTHER APPLICABLE RIGHTS OF THIRD PARTIES IN AND TO THE MATERIAL CONTAINED THEREIN.

4. INTELLECTUAL PROPERTY

The Site and the Service are protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. By using or accessing the Site or the Service you agree to comply with all state and federal laws that protect our proprietary interest in the material appearing on the Site.

5. NOTIFICATION AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT

We will take appropriate actions in response to notice of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site or the Service, please provide Notice to our Copyright Agent.  PLEASE NOTE THAT YOU MUST PROVIDE A DETAILED DESCRIPTION OF THE CONTENT YOU ALLEGE IS INFRINGING WITH SUFFICIENT SPECIFICITY TO ALLOW CC TO RESPOND TO YOUR REQUEST.

Pursuant to Title 17, United States Code, Section 512I(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the "Notice"), and must include substantially all of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;

(c) a description of the exact name of the infringing work on the Site or the Service (and the location of the infringing work, if it appears on the Site or the Service) or if the infringing work appears on a site linked to from the Site or the Service where the material that you claim is infringing is located on such site;

(d) information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to
act on the copyright owner's behalf.

To reach our Copyright Agent for Notice of claims of copyright infringement:
   Common Crawl Foundation
    9663 Santa Monica Blvd., #425
    Beverly Hills, CA 90210

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Site or the Service. The Copyright Agent will not respond to any other inquiries.

Notwithstanding anything to the contrary, CC reserves the right, in its sole discretion and judgment, to take no action in response to Notices where CC has a bona fide basis to believe that the Notice is not being made by the copyright owner or by an individual or entity that is authorized to act on the copyright owner's behalf.

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE, SERVICE, AND CRAWLED CONTENT IS AT YOUR SOLE RISK. THE SITE, SERVICE, AND CRAWLED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, CC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICE, AND/OR CRAWLED CONTENT AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. CC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS OR LAWFULNESS OF THE SITE, SERVICE, OR CRAWLED CONTENT, YOUR USE OF THE CRAWLED CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (iv) ANY UNAUTHORIZED ACCESS TO THE SITE AND/OR SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (v) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (vi) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICE BY ANY THIRD PARTY, AND/OR (vii) 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 MADE AVAILABLE THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, "RELEASED PARTIES") FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, "LIABILITIES") THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY'S CONDUCT RELATED TO USE OF THE SITE, SERVICE, AND/OR CRAWLED CONTENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

7. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE, SERVICE, AND/OR CRAWLED CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SITE, SERVICE, AND/OR CRAWLED CONTENT; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, SERVICE, AND/OR CRAWLED CONTENT; (iv) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SERVICE, OR CRAWLED CONTENT; (vi) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THE SITE. SERVICE, OR CRAWLED CONTENT, OR (vii) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, OR CRAWLED CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF CC (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SITE, SERVICE, AND/OR CRAWLED CONTENT, INCLUDING FOR ANY IMPLIED WARRANTIES, EXCEED A TOTAL OF $100 USD.

IN ALL CASES RELATING TO PROVIDING YOU THE SITE, SERVICE, AND/OR CRAWLED CONTENT, CC (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), PUBLIC HEALTH EMERGENCY, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.

8. EXCLUSIONS AND LIMITATIONS

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.

9. INDEMNIFICATION

You shall indemnify, defend and hold harmless CC and its officers, directors, shareholders, members, managers, employees and agents from all out-of-pocket costs, damages, losses, judgments, fines, and expenses (including reasonable attorneys' fees) (collectively, "Out-of-Pocket Costs") arising from any third-party demand, claim or proceeding (each, a "Third-Party Claim") arising from your access to, or use of, the Site, the Service or the Crawled Content, including, without limitation, any actual or alleged:

(i) violation of the ToU;

(ii) use of Crawled Content in connection with artificial intelligence, machine learning, or other similar technologies, including, without limitation, large language models and neural networks (collectively, "AI Systems"), including the use of Crawled Content for the purpose of developing, training, or deploying AI Systems;

(iii) use of Crawled Content in the creation, use, or distribution of any content ("Generated Content"), whether created by AI Systems or otherwise;

(iv) infringement or misappropriation of any third party's patent, trademark, copyright, or trade secret rights, including in connection with Crawled Content, AI Systems, or Generated Content;

(v) violation of a third party's rights against defamation, libel, slander, or other similar right, including in connection with Crawled Content, AI Systems, or Generated Content;

(vi) violation of a third party's privacy or publicity rights or any other proprietary right of any third party (including, without limitation, violation of a third party's copyrights in content such as books, music (lyrics), and other creative content), including in connection with Crawled Content, AI
Systems, or Generated Content;

(vii) any actions taken by end-users of AI Systems, including creation or use of Generated Content;

(viii) violation of applicable laws, regulations, administrative rules, guidelines and staff reports (including, without limitation, applicable laws, rules, regulations, and regulatory guidance regulating and/or prohibiting child sex abuse material (CSAM), visual depictions of minors engaging in sexually explicit conduct, or similar material); or

(ix)  creation or distribution of content that is hateful or offensive, or that discriminates on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, serious disease, or on the basis of any other protected class or characteristic.

CC shall notify you in writing of any Third-Party Claim for which CC seeks indemnification pursuant to this section, and, CC may, in CC's sole discretion, either (a) assume sole control of the defense, settlement, and investigation of such Third-Party Claim, and in such event CC shall employ counsel of its choice to handle and defend the same, at your sole cost and expense; or (b) consent to allow you to control the defense, settlement, and investigation of such Third-Party Claim, with counsel of your choice, at your sole cost and expense.  Notwithstanding anything to the contrary, you shall not settle any Third-Party Claim on any terms or in any manner that adversely affects the rights of CC without CC's prior written consent.  In the event that CC consents to allow you to control the defense of the Third-Party Claim, CC may participate in and observe the proceedings at its own cost and expense with counsel of its own choice, provided that the exercise of CC of its option to participate in the claim or action and/or to select its own separate legal counsel shall in no way limit or modify your obligations set forth above in this section.

10. GOVERNING LAW

The ToU and the relationship between you and CC shall be exclusively governed by and construed in all respects under the laws of California, United States of America, without giving effect to any choice-of-law or conflict-of-laws provisions.  The English language shall prevail in the interpretation and construction of this Agreement.

11. BINDING ARBITRATION

Without limiting your waiver and release in Section 6, you agree to the following:
a. Purpose. Any and all Disputes (as defined below) involving you and CC  will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 11 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 11 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to Site, Service, and/or Crawled Content, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.  As used in this Arbitration Provision, "CC" means The Common  Crawl Foundation and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and "you" means you and any users or beneficiaries of your access to the Site, Service, and/or Crawled Content.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., ("JAMS") by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to CC by mail to 9663 Santa Monica Blvd. #425, Beverly Hills, CA 90210.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or CC may bring an individual action in a small claims court in the area where you access the Site, Services, and/or the Crawled Content if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the "JAMS Rules") as modified by the version of this Arbitration Provision that is in effect when you notify CC about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. Unless you and CC agree otherwise, any arbitration hearing will take place in Los Angeles, CA.   No discovery shall be permitted.  The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator's essential findings and conclusions. The arbitrator's award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator's award. An arbitrator's award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs.  If the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS's fees and costs shall be governed by the JAMS Rules and you shall reimburse CC for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys' fees and additional costs and may only recover your attorneys' fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, CC will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND CC AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

j. Injunctive Relief.  Notwithstanding anything to the contrary, you acknowledge that any threatened or actual breach of this ToU regarding CC's intellectual property or proprietary rights,  or other alleged infringement of a CC's intellectual property rights, may result in immediate, irreparable harm to CC for which monetary damages would be inadequate, and therefore CC may immediately seek equitable and/or injunctive relief from any court of competent jurisdiction (in addition to all other remedies available to CC at law or in equity).

The failure of CC to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any of the provisions of the ToU are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToU remain in full force and effect. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

These ToU constitute the entire and only Agreement between you and CC with respect to the Service, and supersedes any prior agreements, oral or written, between you and CC. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in these ToU shall not be binding on CC.

14. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these ToU, there shall be no third party beneficiaries to this agreement.

15. SECTION TITLES

The section titles in the ToU are for convenience only and have no legal or contractual effect.

16. ASSIGNMENT

These ToU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by CC without restriction.

17. VIOLATIONS

Please report any violations of these ToU to Common Crawl:

Contact us at:

    info@commoncrawl.org

or:

   Common Crawl Foundation
   9663 Santa Monica Blvd. #425,
   Beverly Hills, CA 90210