Note: These policies were updated March 2, 2007. They are effective immediately for new users and will become effective on April 4, 2007 for existing users.

Contents:

• Privacy Policy

• Terms and Conditions

Privacy Policy

This policy applies to your use of the eBay Toolbar, and tells you how eBay uses and protects the information the toolbar collects. Because the toolbar works in conjunction with the eBay.com site, the eBay.com privacy policy will apply to the information that is collected there.

Information Collection and Use. Once installed, the toolbar itself does not collect or store any personal information. The toolbar does allow us to collect some anonymous information about how you interact with the toolbar and with eBay. We use this information to operate and improve the toolbar and our sites and services.

The toolbar’s Account Guard function helps protect your account information from fraudulent e-mail and websites. To participate, you provide your eBay and PayPal passwords. Your passwords are stored only on your computer, in encrypted form, and used to verify site security and identify eBay and PayPal phishing and spoof websites.

Information Sharing. We may share the anonymous information we collect with our third-party service providers, who provide us, under contract, with internal services and assist with business operations.

User Controls and Uninstall. Your toolbar preferences allow you to control how the toolbar alerts, Account Guard and other functions operate, and to change or delete your Account Guard information. You can uninstall the toolbar using the uninstaller available from the toolbar or via the Windows Add/Remove Programs function.

Security. The information the toolbar collects may be stored on our servers in the United States. We use lots of tools to protect your personal information against unauthorized access and disclosure, but we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Changes to This Policy. eBay reserves the right to modify this privacy policy from time to time. Any changes will go into effect immediately for new users and 30 days after posting for existing users.

Terms and Conditions

By using this software (the "Toolbar") you agree to be bound by the following terms and conditions (the "Terms and Conditions”):

1.  Toolbar Use

eBay grants you the right to use the Toolbar for your personal, non-commercial use only, subject to these Terms and Conditions. You may not modify, copy, publish, license, or sell any information or software associated with the Toolbar. You may not rent, lease or otherwise transfer rights to the Toolbar. You may not use the Toolbar in any manner that could damage, disable, overburden or impair the eBay site, nor may you use the Toolbar in any manner that could interfere with any other party's use and enjoyment of the eBay site. You agree that you will use the Toolbar for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Toolbar will terminate immediately if you violate any provision of these Terms and Conditions. Upon termination, you may no longer use the Toolbar.

2.  Intellectual Property

You acknowledge that eBay and its licensors and content and service providers ("eBay Licensors") own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Toolbar, portions thereof, or software provided through or in conjunction with the Toolbar. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, rent, lease, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Toolbar. You also agree not to remove, obscure, or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Toolbar. All rights not expressly granted to you are reserved by eBay or its suppliers.

3.  Disclaimer of Warranties

eBay and the eBay Licensors disclaim any responsibility for harm resulting from your use of the Toolbar (including without limitation any spoof site detection technology contained therein). The Toolbar is provided "as is," with no warranties whatsoever. eBay and the eBay Licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, accuracy of spoof site detection technology or data, and noninfringement of proprietary rights. eBay and the eBay Licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the Toolbar. You understand and agree that you download and use the Toolbar at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Toolbar. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

4.  Limitation of Liability

Under no circumstances shall eBay or the eBay Licensors be liable to any user on account of that user's use or misuse of the Toolbar. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if eBay or the eBay Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Toolbar, from the performance or misperformance of the Toolbar, from inability to use the Toolbar, or from the interruption, suspension or termination of the Toolbar (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

5.  Indemnification

You agree to indemnify and hold harmless eBay, the eBay Licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Toolbar or its features, any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law or regulation. eBay and the eBay Licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

6.  Privacy and Other User Agreements

Your use of the Toolbar is subject to the terms of the eBay Toolbar Privacy Policy. Because the Toolbar works in conjunction with the eBay site, you will also be subject to the eBay User Agreement and Privacy Policy.

7.  Software and Policy Updates

eBay reserves the right to modify these Terms and Conditions, or to update or modify the Toolbar software, from time to time at its discretion.

8.  Export Laws

You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Toolbar or underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any Other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws.

9.  Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Sections 2-5, 8 and 9 of these Terms and Conditions will survive any termination of this agreement.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by eBay.

eBay Inc. is located at 2145 Hamilton Ave., San Jose, CA 95125. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.