INCREDIMAIL TERMS OF SALE

1. General Rules and Definitions

1.1. This Terms of Sale Agreement (the "Agreement") refers to the following IncrediMail products (each of the following, the "Product" and collectively, the "Products"):

If you choose to purchase a Product, you will be deemed to have accepted and agreed to abide by all of the applicable terms and conditions of this Agreement between you and IncrediMail Ltd. ("IncrediMail").

Additionally, the terms and conditions of the IncrediMail general terms of use (located at: http://www.incredimail.com/english/termsofuse.asp) (the "EULA"), the Protection Center general terms of use and of the Privacy Policy (located at: http://www.incredimail.com/english/fullprivacy.asp) (the "Privacy Policy") shall apply, subject to all applicable adjustments, to the use of the Product.

IncrediMail hereby grants you a limited, personal and nonexclusive, license to use the Product solely for your own non-commercial use, subject to this Agreement (the "License"). No other use of the Product is authorized.

1.2. The services, technology, and/or processes described and/or used by the Product may be subject to intellectual property rights reserved by IncrediMail or other third parties. Except for the License granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppels or otherwise, any license, title, or ownership of or to any intellectual property right of IncrediMail or any third party.

1.3. IncrediMail may change, add or remove portions of this Agreement at any time, and if it does so, it will post such changes on its Web Site (located at: http://www.incredimail.com/english/terms-of-sale.aspx).

1.4. Purchase of a Product does not obligate IncrediMail in any way regarding the features and functions provided by the IncrediMail email client

1.5. IncrediMail may change, add, remove, suspend or discontinue any aspect of the Product at any time, including the availability of any service and/or feature. IncrediMail may also impose limits on certain features and/or services in the Product or restrict your access to parts or all of the Product, without notice or liability, and you will have no right and/or claim toward IncrediMail regarding such changes, other then cancelation right in accordance with this Agreement. Your continued use of the Product constitutes your acceptance of any such change to the terms of this Agreement and/or the features or services of the Product.

1.6. The Activation of any of the Product's feature may require the use of a specific hardware (such as microphone etc.). If you desire to use those features you shall be responsible for obtaining and maintaining such hardware.

2. Representations and Warranties

2.1. You represent, warrant and covenant (a) that there is no impediment which may prevent you from entering into this Agreement and/or from complying in a full with all the provisions of this Agreement, and (b) that you will adhere to these terms of sale while purchasing and using the Product.

2.2. You shall indemnify, defend and hold harmless IncrediMail and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you, or any user of your account of this Agreement or any of your representations, warranties and covenants stipulated under this Agreement. You shall fully cooperate as required in the defense of any such claim. IncrediMail and/or the relevant Indemnified Parties reserves the right to assume the exclusive defense and control of any such claim, without derogation from your obligations to indemnify the Indemnified Parties and to cooperate with IncrediMail as detailed above.

3. Registration and Security

3.1. In order to purchase the Product you must be at least eighteen (18) years old; however, persons under the age of eighteen (18) may use the Product if purchased by a person over eighteen (18). Furthermore, if you wish to purchase the Product, we will ask you to provide certain information applicable to your purchase, including, without limitation, payment method and other information. Any such information will be treated as described in our Privacy Policy. You represent and warrant that all information that you provided and may provide us is and shall be accurate, current and complete.

4. Fees and Payments

4.1. You shall pay IncrediMail for the use of the Product a fee in the amount and for a period as appears on the Product web page on date of purchase (the "Product Fee"). The Product Fee shall be charged through the credit card or other payment means provided by you, as part of the billing process. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Verification of information applicable to a purchase may be required prior to our acceptance of any order. You shall also pay any applicable taxes relating to the Product Fee and IncrediMail shall be entitled (but not obligated) to charge the said credit card or other payment means with such taxes. IncrediMail shall send a payment confirmation to your e-mail with respect to the Product Fee and taxes, if any, which you were charged for.

4.2. At its sole discretion, IncrediMail reserves the right at any time to offer the Product at a discount, to offer any or all of its Products' features free of charge, or to provide premiums and promotions as incentive, without such preferred conditions applying to you or your account.

5. Term and Termination

5.1. This Agreement shall become effective as of the date the Product was purchased by you, and remain in force for either: (a) 12 months period; (b) 24 months period; or (c) perpetual period - according to the relevant period which was specified on the Product web page next to the Product Fee (the "Subscription Term"), unless terminated earlier in accordance with this Terms of Sale.

5.2. In case you purchased a Product for 12 or 24 months Subscription Terms, the Subscription Term, along with this Agreement, shall be automatically renewed for additional 12 or 24 months terms, respectively ("Additional Subscription Terms"), unless terminated earlier in accordance with the provisions of this Agreement. Each of the Additional Subscription Terms and the Subscription Term shall be severally referred to as a "Term". IncrediMail will charge you for the Product Fee at the beginning of each Term, at the then-current Product Fee as appears on the Product web page on date of renewal, using the information you previously provided us by phone, fax, on our web site, or through any of our other billing process. It is hereby emphasized that you will not be notified in advance of your impending renewal.

If upon purchasing of the Product you have elected to use other methods of paying (such as cheques or cash), the Subscription Term will not be automatically renewed, and in case you choose to renew the Subscription Term you will be charged with a service fee for such renewal in addition to the Product Fee.

5.3. Notwithstanding the aforesaid in Section ‎5.2, this Agreement may be terminated as follows:

5.3.1. IncrediMail shall be entitled to terminate this Agreement and your use of the Product in accordance with Section 14 of the EULA and Section 14 of the Protection Center EULA (titled "Cancellation and Termination");

5.3.2. You may notify us prior to the end of each Term of your intent not to renew this Agreement;

5.3.3. If you are not fully satisfied with your Product, you may cancel this Agreement within thirty (30) days from the purchase date by sending an email to customer service at subscription@incredimail.com. Upon termination pursuant to this Section ‎5.3.3, you will receive a full refund of the Fee you paid for the Product.

5.3.4. If, within a period of two years from the date you purchased the Product, IncrediMail limits or detracts material features in accordance with Section ‎1.5 of this Agreement or changes the Agreement in accordance with Section ‎1.4 in a manner that is not acceptable to you, you may cancel this Agreement within thirty (30) days from such modification date, by sending an email to customer service at subscription@incredimail.com. Upon termination pursuant to this Section, you will receive a full refund of the Product Fee you paid for the Product for the then current Term. In the event you did not use the Product for a period of 6 (six) months, you shall not have a right to terminate this Agreement according to this Section ‎5.3.4.

5.3.5. Upon termination you shall uninstall the Product and cease all use of the Product and its content.

6. Communications between Incredimail and Users

IncrediMail reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the Product or notifying you of special "Members-Only" offers or promotions.

7. No Warranty

7.1. Without derogation from Section 11 of the EULA and Section 11 of the Protection Center EULA (titled "Disclaimer of Warranties"):

7.1.1. IncrediMail is not responsible for any failure or harm caused as a result of a failure, for any reason whatsoever, resulted from the Product. Without derogation from the aforementioned, IncrediMail shall not be liable for the quality of its support services, nor for the quality, functionality or availability of any other service or feature provided under the Product.

7.1.2. IncrediMail does not warrant or guarantee with respect to the Protection Center - that it will locate and remove all spam mails from your inbox or that all links you receive in a message will be scanned by IncrediMail, or that the scanned links will be classified or rated in accordance with any conventional or acceptable site classification or rating policy of any kind.

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 protection center or other users, if contaminated or infected, will not damage your information or system.

7.1.3. The IncrediMail Backup feature, included under the IncrediMail Plus, is not fault tolerant and should not be used as the sole backup instrument to your files or emails which are important to you. You hereby expressly agree not to use or rely on IncrediMail Backup as your sole backup instrument for important emails and files.

8. Limitation of Liability

Without derogation from Section 12 of the EULA and Section 12 of the Protection Center EULA (titled "Limitation Of Liability"), In no event will IncrediMail's liability with respect to the use of the Products exceed the higher of (i) one hundred ($100) U.S. dollars, or (ii) the actual consideration received by IncrediMail for the use of the Products.

9. Miscellaneous

9.1. This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Israel.

9.2. The exclusive jurisdiction for any claim or dispute between the parties or relating in any way to this Agreement and to your use of the Product resides in the competent court in the Tel Aviv or the Central Districts, of the State of Israel.

Version:4.5 Published: November 5 , 2010