IncrediMail - Term Of Use

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

TERMS AND CONDITIONS OF USE
The IncrediMail JunkFilter Plus and the software enabling the use thereof (together "JunkFilter Plus"), are provided by IncrediMail Ltd. and/or its affiliates and subsidiaries (collectively "IncrediMail" or "we") to you ("you" or "your") and others who use JunkFilter Plus (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").

1. GENERAL TERMS OF USE
Your use of JunkFilter Plus, 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 and JunkFilter Plus solely for your personal use. IncrediMail does not guarantee reliability, accuracy, or completeness of JunkFilter Plus. JunkFilter Plus is provided to any User who has purchased a subscription to JunkFilter Plus, and which agrees to be bound to this Agreement and by additional terms that shall be added by IncrediMail from time to time. Users who violate this Agreement may be barred from using JunkFilter Plus, at IncrediMail's sole discretion. . You agree not to transfer or resell JunkFilter Plus, in whole or in part, to any third party, or allow unauthorized access to JunkFilter Plus or Software, by any third party. These Terms and conditions of Use do not replace the IncrediMail general Terms of Use and the Terms of Sale Agreement. This Agreement, the IncrediMail general Terms of Use and the Terms of Sale Agreement shall be binding upon you until termination thereof in accordance to the terms detailed therein.

2. CHANGES IN TERMS AND CONDITIONS OF USE
IncrediMail may change these Terms and Conditions of Use from time to time and at any time, with or without a change in JunkFilter Plus, and without actual notice to you. All such changes to this Agreement will be posted on the IncrediMail's Website, located at www.incredimail.com (the "Site").You agree that your continuing to use JunkFilter Plus for a period of thirty (30) days after such notice has been posted on the IncrediMail's Website for the first time shall constitute your consent to the new or revised set of Terms and Conditions.

3. YOUR ACCESS
You are responsible for obtaining and maintaining any and all equipment and telephone services necessary to access and use JunkFilter Plus and for any telephone charges associated with connecting to the Internet to use JunkFilter Plus. Depending on your location, connecting to the nearest access number may involve long distance telephone charges.

4. AUTHORIZED PERSONS
You are solely responsible and liable for any activity by any person who uses JunkFilter Plus through your subscription. . You agree to immediately notify IncrediMail of any unauthorized use of JunkFilter Plus or any other breach of security known or suspected by you.

5. SOFTWARE LIMITED LICENSE AND USE POLICY
The software that will enable you to use JunkFilter Plus may have been downloaded from the Site or another authorized web site. If you have downloaded the software, - you acknowledge that all payments made by you are made pursuant to the terms set out in the JunkFilter Plus Terms of Sale Agreement which are contained in the Site. To ensure the proper functionality and security of JunkFilter Plus always make sure you are using a current and authorized copy of the software. JunkFilter Plus is being provided 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 JunkFilter Plus, JunkFilter Plusor to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with JunkFilter Plus, the IncrediMail communications protocols or any information available on, derived or extracted from JunkFilter Plus 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 JunkFilter Plus at any time, without prior notice.

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

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

JUNKFILTER PLUS
JunkFilter Plus is an anti-spam solution integrated into the IncrediMail Email Client, that detects spam messages and protects the User's Inbox from junk emails. To get started, a User must first download the software that will enable use of JunkFilter Plus and activation of the software license key.

THE Software
Other then license information, we do not request nor collect any personal or non-personal information from Users who simply use JunkFilter Plus. ServiceInformation The communications performed by JunkFilter Plus are performed only for two purposes: (a) verifying whether an email is suspected as spam and (b) reporting suspected spam emails.
(a) As part of its activity, the JunkFilter Plus software may contact IncrediMail's anti spam server (the "Anti-Spam Server") in order to verify that a certain email message is not spam. JunkFilter Plus will send to the Anti-Spam Server some components of the messages. Such information shall NOT include the actual content of the email message (e.g. message text or attachments) nor the recipient name or email address or any other personally identified information.
(b) When a user decides to report an email as spam, the reported email will be sent as an email attachment to the following address: im.fn@blockspam.biz

OUR USE OF THE INFORMATION YOU PROVIDE
IncrediMail will only use JunkFilter Plus information provided for the purposes described above. Except as necessary in order to perform the functions of JunkFilter Plus, IncrediMail will not share, sell or lease any personally identifiable information about any User to any unaffiliated third party for any purpose without receiving that User's permission.

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.

COOKIES
"Cookies" are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with JunkFilter Plus. IncrediMail may use cookies to save certain information about a User and others who use JunkFilter Plus, in order to facilitate and enhance future activities with JunkFilter Plus. IncrediMail does not use cookies to retrieve information from a computer that is unrelated to JunkFilter Plus.

IncrediMail currently contracts with several online partners to help manage and optimize its Internet business and communications. IncrediMail uses the services of a marketing company to help it measure the effectiveness of its advertising and how visitors use this Site. To do this, IncrediMail use Web beacons and cookies provided by IncrediMail's marketing 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. By supplementing IncrediMail's records, this information helps IncrediMail learn things like what pages are most attractive to visitors of the Site, which of IncrediMail's products most interest its customers, and what kinds of offers our customers like to see. Although IncrediMail's marketing company manages the information coming from the Site on behalf of IncrediMail, IncrediMail control how that data may and may not be used.

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.

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; and
Avoid hacking attacks on the IncrediMail server.
IncrediMail does not link IP addresses to any personally identifiable information, even if such information is voluntarily provided by a User.

CONSENT TO PROCESSING
Users, including, without limitation, Users in the European Union, fully understand and unambiguously consent to the collection and processing of their personally identifiable and non-personally identifiable information, in the United States.

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.

SECURITY
While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to insure the safety of your personally identifiable information.

OTHER WEB SITES; LINKS

The Software and/or Service may contain links to other websites. IncrediMail is not responsible for the privacy practices or the content of such websites.

All questions concerning the IncrediMail Privacy Policy should be directed here.

7. USER CONDUCT
You agree not to copy or use Information, software, features or other material that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining our permission;
You agree not to use JunkFilter Plus for any purpose other than the purposes originally intended for their use, and specifically not to perform any malicious or purposefully harmful activities with them.

8. RISKS
JUNKFILTER PLUS MAY BE VULNERABLE TO VARIOUS SECURITY ISSUES AND SHOULD NOT BE CONSIDERED SECURE. BY USING THE SOFTWARE, SERVICE AND SITE YOU MAY BE SUBJECT TO VARIOUS RISKS, INCLUDING, AMONG OTHERS:

Unauthorized exposure of information and material you post on or through JunkFilter Plus.
Exposure to objectionable material and/or parties, including without limitation, content and messages that may offend and which may contain contaminated files.
Unauthorized invasion of your privacy during, or as a result of, your or another's use of JunkFilter Plus.
Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be unlawful.
IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE SOFTWARE OR SERVICE.

9. INTELLECTUAL PROPERTY RIGHTS
As between IncrediMail and you, IncrediMail is the sole owner ofJunkFilter Plus, 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 Software or of JunkFilter Plus or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Software and Service solely for your personal use or records. 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 JunkFilter Plus 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.

10. DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, INCREDIMAIL SPECIFICALLY DISCLAIMS ANY 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 OR THE SERVICE, 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 ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR JUNKFILTER PLUS. INCREDIMAIL DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF JUNKFILTER PLUS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY INCREDIMAIL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND JUNKFILTER PLUS 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 JUNKFILTER PLUS 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, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE OR JUNKFILTER PLUS, 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 JUNKFILTER PLUS 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 SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL INCREDIMAIL'S LIABILITY WITH RESPECT TO THE USE OF THE SOFTWARE AND JUNKFILTER PLUS 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.

12. INDEMNIFICATION
By agreeing to use the Software and/or the Service , 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 Software and/or JunkFilter Plus 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 JunkFilter Plus or your use of JunkFilter Plus, permanently or temporarily, at any time and without cause.
If you are not fully satisfied with JunkFilter Plus you may terminate your subscription to it during the first sixty (60) days of each of your subscription terms by sending an email to customer service at jfsubscription. Upon termination, you will receive a full refund of any monies you paid to IncrediMail for your subscription fee(s) for the then current term. If you obtained your subscription through promotional offerings you shall not be entitled to any refund.
Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you as part of JunkFilter Plus and return or destroy all copies thereof. 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. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.

14. LINKED SITES
The Software and the Service 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 JunkFilter Plus 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 JunkFilter Plus 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 and the Serviceresides 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.