Defend / Indemnify / Hold Harmless   

Customer agrees to defend, indemnify and hold NEXOGY , its officers, directors, owners, employees, affiliated entities, subsidiaries, related entities, agents and representatives harmless from all claims, demands, judgments, liabilities and damages, including punitive damages, in connection to, arising from or relating to

(1) any equipment or product defect, deficiency or malfunction whether or not said equipment or products were provided by NEXOGY , Customer or third parties, any deficiency in service, labor or parts pursuant to the Plan, any service deficiency or problem as a result of third party service providers of Customer and any claims concerning 911 by any person or entity, including current physical location of caller,

(2) any acts or omissions of Customer or third parties, including without limitation those acts or omissions which violate third party rights as well as Customer’s failure to change its password(s) pursuant to paragraph 10 above,

(3) any Service provided by NEXOGY to Customer in connection with a problem arising out of Customer’s network malfunction or deficiency or products or services provided by Customer or third parties,

(4) any breach by Customer of any obligations under this Agreement,

(5) any measures or actions taken by NEXOGY to address potential or actual fraud or other wrongful conduct

(6) any violation  by Customer of any and all privacy laws or regulations, including without limitation,  all local, state, regional, federal, government or international privacy laws and regulations as well as any violation of the rights of NEXOGY or any third party, including rights to privacy and

(7) any illegal, improper, wrongful or unauthorized conduct by Customer, including without limitation any illegal, improper, wrongful or unauthorized use of Services and/or equipment or products, including without limitation software used in connection with the Services, the illegal, unauthorized or improper recording of communications, and equipment or products reconfigured, not compatible, or not approved by NEXOGY  in writing.