IMPORTANT NOTICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. THEY SHALL GOVERN YOUR USE OF THE INCREDIMAIL SOFTWARE, SERVICE AND SITE. IF, AFTER READING THESE TERMS AND CONDITIONS OF USE, YOU WISH TO USE THE SERVICE AND SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING "I AGREE" AT THE END.

1. TERMS AND CONDITIONS OF USE
The IncrediMail electronic mail service, the IncrediMail Letter Creator, and, with respect to versions updated to version 5.3 and until further notice, the Translation Feature, as defined herein below (together, the "Service") and the software enabling the use thereof (the "Software"), are provided by IncrediMail Ltd. and/or its affiliates and subsidiaries (collectively "IncrediMail" or "we") to you ("you" or "your") and others who use the Service and Software (collectively "User" or "Users"), subject to these terms and conditions of use and all modifications thereto including all rules that may be published from time to time by IncrediMail ("Terms and Conditions" or "Agreement"). This Agreement shall also govern your use of the Site currently located at www.incredimail.com (the "Site").

1.1. GENERAL TERMS OF USE
Your use of the Software, Service, and Site, including any content and software contained therein, signifies your understanding and agreement that such use is entirely at your own risk. You agree to use the Software, Service and Site solely for your personal use.
The Service is provided to any user who agrees to be bound to this Agreement and by additional terms that shall be added by IncrediMail from time to time.
You agree not to transfer or resell the Service or Software, in whole or in part, to any third party, or allow unauthorized access to the Service or Software, by any third party. You agree to provide true, accurate, current and complete information about yourself as required in the Registration Form that appears when downloading the Software. If any information provided by you is untrue, inaccurate, not current or incomplete, IncrediMail may terminate your use of the Service.

1.2. CHANGES IN TERMS AND CONDITIONS OF USE
IncrediMail may change these Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software, and without actual notice to you. All such changes to this Agreement will appear on the Site. IncrediMail may provide additional notice of such changes by providing a link from the Service to the Site. You agree that your continuing to use the Software, Service and/or Site for a period of thirty (30) days after such notice has been posted on the Site for the first time shall constitute your consent to the new or revised set of Terms and Conditions.

2. YOUR ACCESS
You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Software, Site and Service and for any telephone charges associated with connecting to the Internet to use the Service.

2.1. SPECIAL NOTE REGARDING THE TRANSLATION FEATURE
Please note that starting from version 5.3, the Service shall include a free translation feature (the 'Translation Feature') provided and maintained in cooperation with our affiliate Babylon Ltd. (hereunder 'Babylon').
The Translation Feature is a translation and reference tool that allows you to translate and learn more of terms and phrases within your IncrediMail electronic mail service, by clicking on any term or phrase ('Right click' and press the 'CTRL' key at the same time, hereunder 'Translation Click') or simply, by typing a term or phrase in the relevant combo box.
Please note that the Translation Feature is available for use only with respect to text that included in an electronic mail that is created through the IncrediMail electronic mail service and it requires an internet connection. If you choose to perform the Translation click outside the IncrediMail electronic mail service or when there is no internet connection, you will be presented with an offer from Babylon to purchase Babylon's full version product.
Neither Babylon nor IncrediMail can guarantee that translation and information will be provided for each and every term or phrase you wish to translate or learn more about. In order to learn which improvements and enhancements are required to make the translation services better, Babylon may analyze terms, phrases, and paragraphs that have not been provided with relevant translation and information.

3. AUTHORIZED PERSONS
You are responsible and liable for any activity by any person who uses the Service through your user name and password. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify IncrediMail of any unauthorized use of the Service or any other breach of security known or suspected by you.

4. SOFTWARE LIMITED LICENSE AND USE POLICY
The Software that will enable you to use the Service may have been downloaded from the Site or another authorized web site. If you have downloaded the IncrediMail electronic mail service - you acknowledge that no payment was made by you for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Service always make sure you are using a current and authorized copy of the Software.
The Software is being licensed to you by IncrediMail on an "AS IS" basis, for your private personal use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Service, including without limitation, from any User Profile, or any other portion of the Service or the Site, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, the IncrediMail communications protocols or any information available on, derived or extracted from the Service or any part of the foregoing.
IncrediMail may, at its sole discretion, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice.

5. PRIVACY STATEMENT
This statement applies to IncrediMail's information collection and use policies with respect to use of the Site and Service. Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of this Site or the Service following the posting of any amendment, modification or change to this statement shall constitute your acceptance thereof.

5.1. THE SITE
We do not request nor collect any personal information from Users who simply visit the Site.

5.2.1. THE SERVICE
The Service allows Users to create and send personalized electronic mail messages ("Messages") to Users of the Service as well as non-Users. To get started, a User must first download the Software that will enable use the Service. Prior to downloading the Software, Users will be asked to provide certain required and optional information as described more fully below.
During the registration process, you will be asked to complete a Registration Form, which will request certain non-personally identifiable information about you, such as your gender, age and country of origin. IncrediMail will try to identify your e-mail settings automatically. If IncrediMail is unable to identify your e-mail settings, you may be asked to provide your name, e-mail address and incoming/outgoing server settings. Other than the information you provide in the Registration Form, IncrediMail will not collect nor maintain any other personally identifiable information about any User.

5.2.2. INFORMATION AVAILABLE THROUGH USE OF THE SERVICE
Subject to all general security limitations inherent in communicating via the Internet, a Message will not be generally accessible to Users or others who are not intended recipients of the Message. Please use the same discretion when sending Messages through the Service as you would when sending ordinary electronic mail.

5.3. OUR USE OF THE INFORMATION YOU PROVIDE
IncrediMail will only use information provided in a Registration Form to provide Users with important information about the Service (such as upgrades, modifications, etc.) and to announce new products and services available to Users. Except as necessary to perform the functions of the Service, IncrediMail will not share, sell or lease any personally identifiable information about any User to any unaffiliated third party for any purpose without that User's permission.

5.4. CUSTOMER SUPPORT FORMS
IncrediMail may post from time to time customer support forms. These forms may ask for personally and non-personally identifiable information including but not limited to license registration information, purchase information and a valid email address. This information will be used solely for the purpose of providing efficient customer support.

5.5. NEWSLETTER SUBSCRIPTION
IncrediMail may post from time to time a newsletter subscribe/unsubscribe forms. These forms may ask for a valid email address. This information will be used solely for the purpose of subscription to or unsubscription from the IncrediMail newsletter list.

5.6. NON- PERSONALLY IDENTIFIABLE INFORMATION
IncrediMail will use certain non-personally identifiable information provided by Users for the following purposes:

• To create, aggregate non-personal demographic reports about the Users of the Service.
  
• Provide Users with certain content that may be of interest to that User based on the information the User provides.

5.7. GENERAL USAGE PATTERNS
IncrediMail may gather information related generally to Users' use of the Software, Service, and Site including without limitation:

• The number of Messages that a User sends;
  
• What elements of the Service are most often used;
  
• User log-in dates and time;
  
• Sent messages size data
  

5.8. COMPUTER SETTINGS
IncrediMail may collect settings, technical and other information from Users' computers, such as a computer's operating system, IncrediMail and browser versions used, connectivity, various communication parameters and other information related to the operation and interaction of the Software, subject to the provisions herein. This information will neither contain nor be linked to any personally identifiable information.

5.9. IP ADDRESSES
An Internet Protocol address is a number that's automatically assigned to a computer when using the Internet. Web servers can automatically identify individual computers by their IP address. IncrediMail may collect IP addresses to:

• Facilitate system administration;
  
• Diagnose system problems;
  
• Report aggregate User information;
  
• Avoid hacking attacks on the IncrediMail server.
  

5.10. LEGAL DISCLOSURE OF INFORMATION
Notwithstanding anything to the contrary in this Agreement, IncrediMail shall, pursuant to valid legal process such as a search warrant, subpoena or court order, allow access to all available and relevant information, including Users' IP addresses, in order to comply with such valid legal process and to otherwise protect IncrediMail's rights and property. If warranted, IncrediMail may also allow access to this information in special emergencies where physical safety is at risk.

5.11. OTHER WEB SITES; LINKS
The Site and/or Service may contain links to other Web sites. IncrediMail is not responsible for the privacy practices or the content of such Web sites.

5.12. CHOICE; OPT OUT
Our Site provides Users the opportunity to opt-out of receiving certain communications from us. If you do not want to receive communications from us, please contact our customer service center by at support@incredimail.com.
All questions concerning the IncrediMail Privacy Policy should be directed to privacy@incredimail.com.

6. PROPER USE
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Service; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Service policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. IncrediMail reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

7. ADVERTISEMENTS
IncrediMail uses the services of a third party company to help it measure the effectiveness of its advertising and how visitors use this Site. To do this, IncrediMail uses Web beacons and cookies provided by a third party company on the Site. The type of information IncrediMail collects includes the pages visited, the product codes and prices that visitors purchase and coupons that were used during purchase.
We may use an outside advertising company to display advertisements on the Site and Service. These ads may contain cookies. The advertisement company may collect cookies received with outside ad banners. We do not have access to information that would confirm the use of cookies by the advertising company.

8. INTELLECTUAL PROPERTY RIGHTS
As between IncrediMail and you, IncrediMail is the sole owner of the Software, Service, and Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Service or Site or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.

9. UNSOLICITED MATERIALS
Any unsolicited materials submitted or sent to IncrediMail, will be deemed to be not confidential or secret. By submitting or sending information or other material to IncrediMail you:

• Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material;
  
• Unless stated specifically otherwise therein, grant IncrediMail an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that IncrediMail is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.

10. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, INCREDIMAIL SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF INCREDIMAIL, ITS SUBS, AND ITS AFFILIATES) OFANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. INCREDIMAIL DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED BY INCREDIMAIL (AND FOR LIMITATION OF DOUBT, ITS AFFILIATES), WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

11. LIMITATION OF LIABILITY
IN NO EVENT WILL INCREDIMAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, , SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF INCREDIMAIL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INCREDIMAIL'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL INCREDIMAIL'S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES)WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED THE HIGHER OF (I) ONE HUNDRED ($100) U.S. DOLLARS, OR (II) THE ACTUAL CONSIDERATION RECEIVED BY INCREDIMAIL FOR THE USE OF THE SOFTWARE AND SERVICE.

11.1. SPECIAL NOTE REGARDING THE TRANSLATION FEATURE
WITHOUT DEROGATING FROM ANY OF THE AFOREMENTIONED, YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE TRANSLATION FEATURE MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TRANSLATION FEATURE SHALL BE BORNE BY YOU. THE TRANSLATION FEATURE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE TRANSLATION FEATURE FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT.

12. INDEMNIFICATION
By agreeing to use the Software, Service and/or Site, you agree to defend, indemnify and hold IncrediMail, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or Site or the creation, the placement or transmission of any message, information, software or other materials through the Service by you or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by you.

13. CANCELLATION AND TERMINATION
IncrediMail may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Service. Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you by the Service. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability.

14. LINKED SITES
The Software, Service and Site contain features that may link you to third parties' web sites ("Linked Sites"). These features are provided by IncrediMail only as a convenience. The Linked Sites are not reviewed, controlled or examined by IncrediMail in any way and IncrediMail is not responsible for the content of any such Linked Sites, or any additional links contained therein. The offering of these features does not imply IncrediMail's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall IncrediMail be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. IncrediMail may at its sole discretion add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the IncrediMail Software and Service and/or introduce different features or links to different users.

15. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

16. ASSIGNMENT
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. IncrediMail may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

17. APPLICABLE LAWS / JURISDICTION
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national or other destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the Service any data or software that cannot be exported out of the United States without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.
You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Software as well as the Service and Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with IncrediMail or relating in any way to your use of the Software, Service or Site resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving IncrediMail or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.