Customer represents, covenants, and warrants that Customer will use the Services only in compliance with VerticalResponse's privacy policies as published at the www.verticalresponse.com Web site or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).

Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party.

Customer hereby agrees to indemnify and hold harmless VerticalResponse against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although VerticalResponse has no obligation to monitor the content provided by Customer or Customer's use of the Services, VerticalResponse may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.