Welcome to www.seergate.com (the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to SeerGate Ltd., its affiliates and subsidiaries (individually and collectively, “SeerGate” or “We”).

Any amendment in the Terms will be presented on the Site. Your use of the Site following any such amendment will signify Your assent to and acceptance of its revised terms.

1. Your Acceptance

By using or visiting this Site (together with all Content (as defined below)) You signify Your assent to these Terms of Use and to the SeerGate Privacy Policy. If You do not agree with the Terms do not access or otherwise use the Site or any information contained herein.

2. Links

The Site may contain links to third party websites that are not owned or controlled by SeerGate. SeerGate is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, SeerGate will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release SeerGate from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.

3. Website Access

A. SeerGate hereby grants You permission to use the Site, provided that: (i) Your use of the Site is solely for your personal, noncommercial use; (ii) You will not copy, distribute or modify any part of the Site, without SeerGate's prior written authorization; (iii) You will not disrupt servers or networks connected to the Site; and (iv) You comply with these Terms.

B. You agree not to use or launch any automated system, including without limitation, "robots" or "spiders," that accesses the Site in a manner that sends more request messages to the SeerGate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

C. SeerGate has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.

4. Intellectual Property Rights

The content on the Site, including without limitation, the text, documents, products, scripts, graphics, photos, sounds, interactive features and services provided on this Site and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SeerGate. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without SeerGate’s prior written consent. SeerGate reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.

SeerGate, the SeerGate logo, the Secure e-Debit System™ and other marks are Marks of SeerGate or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.

This section shall survive any termination of these Terms.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SEERGATE, THE SITE AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SITE AND THE CONTENT WILL FUNCTION AS CLAIMED, SEERGATE DOES NOT GUARANTEE THAT THE SITE OR THE CONTENT WILL PROVIDE UNINTERRUPTED, BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT SEERGATE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

SEERGATE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE.

UNDER NO CIRCUMSTANCES SHALL SEERGATE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE EVEN IF SEERGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE SEERGATE TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE AMOUNT PAID BY YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Indemnity

You agree to defend, indemnify and hold harmless SeerGate, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; or (ii) Your violation of these Terms; This defense and indemnification obligation will survive these Terms and Your use of the Site.

7. Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by SeerGate without restriction.

8. General

These Terms, the Privacy Policy, and the relationship between You and SeerGate are governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You and SeerGate agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Tel-Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by SeerGate on the Site, shall constitute the entire agreement between you and SeerGate concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND SEERGATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: September, 2007.