a. Customer may use the Experian Data only in accordance with applicable law, rule and regulation and the relevant Direct Marketing Association Guidelines ( http://www.the-dma.org/guidelines/index.shtml) and in a manner that gives due consideration to matters concerning privacy and confidentiality. Customer shall not permit, in any direct mail solicitation, telephone solicitation or survey, any reference to (a) any selection criteria or any presumed knowledge about the recipient derived from Experian Data or (b) the source of the recipient’s name and address.

b. If Customer is to receive lists containing children, age selection 65+, Lender Name, smoker or health information derived from the Experian Data Customer shall provide PBSI with sample mail pieces, telemarketing scripts, ad copy, direct mail solicitations, and other communications ("Marketing Materials") intended to be sent by Customer to consumers prior to receipt of the Experian Data.

c. Customer shall not use, or permit others to use, the Experian Data for credit granting, credit monitoring, account review, collection, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq. ("FCRA")), Federal Trade Commission interpretations of the FCRA, and similar state statutes. Customer shall indemnify and hold PBSI harmless for any breach of this section by Customer.

d. Each list provided to Customer is for a one-time use (i.e. solicitation) only. In no event shall Customer be permitted to use a List more than one (1) year following delivery; provided, however, that once an individual responds to a solicitation, this limitation no longer applies to that individual record.

e. With respect to Experian Data which has been appended to a Customer file, Customer shall be limited to using such data for no more than one (1) year after delivery except in the case of telephone numbers which may be used for an indefinite period.

f. Customer is prohibited from reselling, sublicensing or otherwise providing the Experian Data to any third party except to a bona fide third party processor that is contractually limited to using the Experian Data solely on behalf of Customer.

g. Customer shall promptly honor all requests from individuals to unsubscribe or opt out of receiving direct marketing solicitations. If requested by PBSI, Customer agrees (i) to provide PBSI with opt out information arising from the use of Experian Data and (ii) to promptly utilize opt out information provided by PBSI to flag or suppress such records so that they will not be used for any further solicitations.

h. Customer will maintain a comprehensive Information Security Program that contains administrative, technical, and physical safeguards appropriate to the complexity, nature, and scope of its activities, and the sensitivity of its information assets. Such safeguards will be reasonably designed to: (i) achieve the security and confidentiality of Experian Information; (ii) protect against any anticipated threats or hazards to the security or integrity of Experian Information; and (iii) protect against unauthorized access to or use of Experian Information that could result in substantial harm or inconvenience to Experian. Customer will, upon PBSI request, provide sufficient records and data, and if necessary, access to Customer systems, to ensure compliance with this section. Customer shall indemnify and hold PBSI harmless for any breach of this section by Customer.

i. Summarized Credit Statistics Terms. The following terms shall apply to any Customer use of the Summarized Credit Statistics file in the Experian Data:

(i) Customer will use the Summarized Credit Statistics solely for internal purposes and only in connection with customer or prospect Lists.

(ii) If Customer uses the Summarized Credit Statistics for Modeling, Customer shall use the Summarized Credit Statistics only as input variables in a model (having a minimum of 2 variables) which results in scores. Such scores may then be used for internal analyses, profiling, list generation, or list segmentation.

(iii) In no event will Customer disclose the Summarized Credit Statistics, in whole or in part, to any third parties or use the Credit Statistics for the benefit of any third party.

(iv) Customer will not attempt to derive, decode, or otherwise reverse engineer any of the variables or processes utilized by Experian in the development of the Summarized Credit Statistics.

(v) Customer will not attempt, in any fashion, to determine the identity of any individuals from whom the Summarized Credit Statistics were derived or any attributes of such individuals.

(vi) Customer will use the Summarized Credit Statistics only in a positive or inclusive manner and will not be used to deny or exclude the offer of services or goods to a consumer, and/or Customer will not use the Summarized Credit Statistics in any manner to discontinue, cancel, or deprive any individual or group of individuals of an already existing right or benefit.

k. LIMITATION OF LIABILITY. EXPERIAN AND PBSI DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, FUNCTIONALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EXPERIAN DATA AND NEITHER EXPERIAN NOR PBSI SHALL BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURY ARISING OUT OF THE USE OF THE EXPERIAN DATA BY CUSTOMER OR CAUSED IN WHOLE OR IN PART BY EXPERIAN'S ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN DEVELOPING GATHERING, PROCESSING, COMMUNICATING OR DELIVERING THE EXPERIAN DATA.