Terms and Conditions

IncrediMail Support Terms of Use

These Terms of Service for IncrediMail Support. (This “Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “you”) and IncrediMail Support and its suppliers and licensors (collectively IncrediMail Support”) for the IncrediMail Support Services (“Services”). By using for or purchasing the services or by accepting this agreement you acknowledge that you have read this agreement, that you understand it, that you agree and accept the terms as presented herein. If you do not agree to these terms and conditions, do not apply for, accept, use or purchase the services. The Services include new products, product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, account with IncrediMail Support. The services are for a limited Time only, failure to use the services within the subscription period shall not grounds for a secure of ANY FEES PAID.

Definitions

Terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

“Content”

Software, Materials, Services and other related information are collectively referred to as “Content.”

“You” or “you”

“You” means you individually, any person, including any employer that you are acting on behalf of

“Services”

“Services” means IncrediMail Support’s Support Services, which are IncrediMail Support’s chat and phone based computer optimization and PC cleaning services as set forth on the IncrediMail Support web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and IncrediMail Support may discontinue or modify the Services in its sole discretion. “Software” means any software used by IncrediMail Support in connection with the Services.

“Subscription Period”

Subscription Period means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after the period specified in the chosen package.

“PLANS”

“Plans” or “Subscription/(s)” are tenured Subscription plans offered by IncrediMail Support that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.

General

Technical Support Services are provided only via phone, Internet chat and secure desktop sharing. Services are provided upon Subscriber’s contacting IncrediMail Support support as explained on the IncrediMail Support Subscriber authorizes IncrediMail Support to configure its computers and delete the files that IncrediMail Support deems unnecessary to a computer’s operation. Subscriber gives IncrediMail Support express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber gives IncrediMail Support express permission to install, configure, and use such software on Subscriber’ computers.

Access

To provide the Services, IncrediMail Support must access a computer or network receiving the Services over the Internet. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. Subscriber is solely responsible for providing an Internet connection and access to its computers. Subscriber must assist IncrediMail Support in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the IncrediMail Support representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the IncrediMail Support representative’s sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide IncrediMail Support with correct and accurate information.

Limitations

The Services are subject to change without notice. The Services do not cover restoration services, repair services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. IncrediMail Support does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and file

Term and Termination

For subscription-based Services, this Agreement shall be effective for maximum of twelve months from the date Subscriber registers for the Services. Single-use Services shall expire once the session with the IncrediMail Support representative terminates. In addition, IncrediMail Support may cancel the Services at any time if IncrediMail Support, in its discretion, determines that Subscriber’s use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.

Notice of the natural expiration of this Agreement may not be provided, and IncrediMail Support is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the IncrediMail Support website. Any breach of this Agreement shall immediately terminate Subscriber’s subscription to the Services and/or may limit Subscriber’s access to the Services. No refunds shall be provided upon termination of the Agreement.

Limitation of liability

except as expressly provided herein, IncrediMail support and its affiliates, employees, agents, licensors, and suppliers shall not be liable for (i) any direct, indirect, incidental, special, exemplary, punitive or consequential damages resulting from (a) the use of the services, (b) any delay or inability to use or claim the services, (c) any voidance of a warranty on third party product or service resulting from use of the services (d) any information, products or services obtained in connection with the services, (e) unauthorized third party access to a computer, or (f) any use of onsite services bundled with the services. IncrediMail support is not liable for any costs of procurement of substitute goods or services. These limitations apply whether such claim is based on contract, tort, and strict liability or otherwise and apply even if IncrediMail support, its affiliates, or their employees, agents, licensors or suppliers have been advised of the possibility of such damages. In no event will IncrediMail support total liability for all claims arising from or relating to the services exceeds the fees paid by subscriber to IncrediMail support for the services. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

Force Majeure

IncrediMail Support is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. IncrediMail Support is not liable for any failure or delay caused by problems with Internet connections.

Governing Law; Venue

Subscriber and IncrediMail Support agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the laws of the USA.

Entire Agreement

This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. IncrediMail Support may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its website, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. IncrediMail Support may impose limits on certain features of the Services at any time. IncrediMail Support may amend this Agreement at any time by posting a copy of the amended Agreement on the IncrediMail Support website. Such amendments may be made in IncrediMail Support’s sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. IncrediMail Support is not bound by any representation of
(i) any agent, representative or employee of any third party; or in
(ii) information posted on the IncrediMail Support website of a general informational nature.

General Information

This version of the Terms is effective as of December 2012. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between you and IncrediMail Support and govern your use of the Services, superseding any prior or contemporaneous agreements between you and IncrediMail Support. The failure of IncrediMail Support to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, 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 Terms remain in full force and effect. You may not assign the Terms or any of your rights or obligations under the Terms without IncrediMail Support express written consent. The Terms inure to the benefit of IncrediMail Support successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.