Formulario de dirección

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	En línea - Tarjeta de crédito/Tarjeta de débito

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JunkFilter Plus Terms of Sale Agreement

1. GENERAL RULES AND DEFINITIONS

1.1. IncrediMail JunkFilter Plus ("JunkFilter Plus") is an anti-spam solution to be used solely with the IncrediMail e-mail client, for the purpose of minimizing the amount of spam e-mails received in the user's Inbox, provided on a subscription basis.

1.2. If you choose to purchase a subscription to JunkFilter Plus, you will be deemed to have accepted and agreed to abide by all of the terms and conditions of this Terms of Sale Agreement (the "Agreement") between you and IncrediMail Ltd. ("IncrediMail"). Additionally, the terms and conditions of the general terms of use (located at: http://www.incredimail.com/english/termsofuse.asp) (the "EULA") 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 your use of JunkFilter Plus.
IncrediMail hereby grants you a limited, personal and nonexclusive, license to use JunkFilter Plus solely for your own non-commercial use, subject to this Agreement (the "License"). No other use of JunkFilter Plus is authorized.  

1.3. The products, technology, and/or processes described and/or used by JunkFilter Plus may be the subject of 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.

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

1.5. 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.

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

1.7. If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you may cancel your subscription by sending an email to customer service at jfsubscription@incredimail.com, and the provisions of section 6 below shall apply to such cancellation (subject to all necessary adjustments). 

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 JunkFilter Plus.

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 JunkFilter Plus you must be at least eighteen (18) years old; however, persons under the age of eighteen (18) may use JunkFilter Plus if purchased by a person over eighteen (18). Furthermore, if you wish to purchase JunkFilter Plus, 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 the information that you provided and may provide to us is and shall be accurate, current and complete. 

4. FEES AND PAYMENTS

4.1. You shall pay IncrediMail for the use of JunkFilter Plus for one year a fee in the amount appears on the JunkFilter Plus web page on date of purchase ("JunkFilter Fee"). The JunkFilter 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 JunkFilter 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 JunkFilter 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 a discount for  JunkFilter Plus or to provide premiums and promotions as incentive, without such preferred conditions applying to you or your account.

5. COMMUNICATIONS BETWEEN INCREDIMAIL AND USERS

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

6. TERM AND TERMINATION

6.1. This Agreement shall become effective as of the date the JunkFilter Plus was purchased by you, and remain in force for a period of 12 months (the "Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. 

6.2. The JunkFilter Plus subscription, along with this Agreement, shall be automatically renewed for additional 12 months terms ("Additional Terms"), unless terminated earlier in accordance with the provisions of this Agreement. Each of the Additional Terms and the Initial Term shall be severally referred to as a "Term". IncrediMail will charge you for the JunkFilter Fee at the beginning of each Term, at the then-current JunkFilter Fee as appears on the JunkFilter Plus 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, but you will not be charged a service fee for such renewals. 
If upon your subscription to JunkFilter Plus you have elected to use other methods of paying (such as cheques or cash), your subscription will not be automatically renewed, and in case you choose to renew your subscription you will be charged with a service fee for such renewal in addition to JunkFilter Fee.  

6.3. Notwithstanding the aforesaid in Section 6.2, this Agreement may be terminated as follows:

6.3.1. IncrediMail shall be entitled to terminate this Agreement and your use of JunkFilter Plus in accordance with Section 14 of the EULA (titled "Cancellation and Termination"); 

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

6.3.3. If you are not fully satisfied with your subscription you may terminate it during the first thirty (30) days of each Term, or the date this Agreement was changed, by sending an email to customer service at jfsubscription@incredimail.com. Upon termination pursuant to this Section 6.3.3, you will receive a full refund of the amount you paid to IncrediMail for your subscription fee for the then current Term.  

6.3.4. Upon termination you shall uninstall JunkFilter Plus and cease all use of the JunkFilter Plus. 

7. NO WARRANTY

7.1. IncrediMail shall provide you from time to time with updates of the JunkFilter Plus. The level of spam e-mails not being identified as such and removed from your Inbox may fluctuate from time to time. IncrediMail recommends that you install all JunkFilter Plus updates, in order to minimize the level of spam e-mails not being identified as such and removed from your Inbox.

7.2. Subject to Section 11 of EULA (titled "Disclaimer of Warranties") IncrediMail is not responsible for any failure, or harm caused as a result of a failure, for any reason whatsoever, of JunkFilter Plus in locating and removing "spam" emails. 

7.3. In the event the foregoing limitation of liability set forth in section 7.2 above shall be for any reason held unenforceable or inapplicable, you agree that IncrediMail and its affiliates' aggregate liability shall not exceed the amount paid by you to IncrediMail during the initial Term pursuant to the terms of this Agreement. 

8. MISCELLANEOUS

8.1. 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.  

8.2. The exclusive jurisdiction for any claim or dispute between the parties or relating in any way to this Agreement and to your use of JunkFilter Plus resides in the courts of the State of Israel. 

Version: 3.1     Published: July 21, 2009

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