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LEGAL NOTICES
Diversified Business Services aka DBS Marketing Services, (“DBS”) a division of ICDA, Inc., is a fully integrated provider of marketing data, customer list management, and data services. Unless paid for as multi-use, use of a list from DBSMarketing Services or Diversified Business Services is for one-time single use only. List Renter is allowed to use List in a standard merge-purge for the purpose of eliminating duplicate mailing names, provided this is done by an outside service bureau or List Broker accredited by DBSLists or Diversified Business Services. List Renter or its service organization may not permanently enhance their house file or any other file. List Renter acknowledges payment for use of a mailing list does not constitute ownership of said list. List Renter is paying for the right to “one-time use” or “Multi-use” depending on amount paid and agreed to. If data delivered in electronic format, it will be considered multi-use and can be invoiced accordingly. If ordered as single use, data will be sent to service bureau for processing, or provided on labels.
List Renter will not disclose, transfer, duplicate, reproduce, or retain in any form or manner whatsoever all or any part or segment of list. In addition, List Renter will not permit any third party agent, employee, or contractor or their respective agents and employees to do so. This agreement to keep confidential shall apply in all cases whether the List is printed on labels, or is on electronic format.
It is understood and agreed that the List has been and will be monitored to prevent improper and unauthorized use of the List, by a combination of one or more methods of computer and/or planed and/or varied names and addresses, or combinations of these and others, to all of which List Renter consents and agrees.
List Renter agrees to indemnify and hold harmless DBS from any and all claims, damages, losses or exchanges, however incurred, occasioned by the use of the Lists contrary to the provisions of the Agreement by List Renter.
List Renter agrees to comply with all regulations set out by the FTC in relation to the Do No Call List and all privacy laws and holds DBSLists and Diversified Business Services harmless from all claims, damages, losses and agrees to defend and pay costs of Legal Services incurred by DBSLists, Diversified Business Services, DBS Marketing Services, or the parent company of ICDA, Inc. against any and all claims of improper and illegal use of the phone numbers acquired by use of this site.
In addition to any other remedies, DBSLists and Diversified Business Services shall have the right to equitable relief, including an injunction restraining List Renter from breaching or further breaching such provisions without a showing or proving any actual pecuniary damages sustained. In the event DBSLists or Diversified Business Services shall bring suit under this section, it shall be entitled to recover all costs of such suit, including reasonable attorneys’ fees in accordance with the laws of the State of Arizona.
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