Common use of Customer Services Clause in Contracts

Customer Services. Customer is the customer-of-record for Services acquired under this Agreement. If Customer (with prior authorization from WOW!), resells Service or in any way incorporates WOW! Services into service it provides to its End Users (the “Customer Services”), Customer: (i) will be solely responsible for the Customer Services, including supporting its End Users with respect to all matters pertaining to its services, including without limitation, Customer Services provisioning, billing and collection, dispute resolution, crediting and legal and regulatory compliance matters; and (ii) may be subject to additional terms and conditions. “End User” means any person or customer of Customer or its affiliates that is receiving or using Customer Services. For example, an End User may be a person or entity to whom Customer provides telecommunication, broadband or related services that utilizes, in whole or in part, the WOW! Service provided under the terms of this Agreement. Customer represents and warrants that: (1) Customer Services it furnishes to its End Users are designed, installed, provided and maintained in compliance with applicable legal requirements and those established in this Agreement, including without limitation legal requirements related to DMCA compliance; and (2) it possesses, and will maintain, all licenses, approvals, registrations and certifications required by applicable law, regulators or other third parties to furnish its Customer Services. Customer shall defend, indemnify, and hold harmless WOW! from and against any and all costs, losses, harm or damages (including without limitation reasonable attorney’s fees) arising out of or relating to Customer Services and Customer’s use of the WOW! Services, including claims resulting from use of the Services or Customer Services by Customer’s End Users and/or the content of any communications transmitted via the Services or Customer Services. Customer shall not use the Services or provide Customer Services: (i) to violate, or in connection with any act or omission which violates, any law, rule, regulation or policy of any duly empowered government authority; (ii) for any unlawful, infringing, harassing, defamatory, fraudulent, or obscene purpose; or (iii) in a manner that violates WOW!’s then current publicly available policies regarding acceptable use of Service(s). Without limiting the generality of the forgoing, Customer expressly assumes all responsibility for, and any potential liability arising out of, any actual or alleged act of copyright infringement conducted using the internet service provided by WOW! to Customer, including any Customer Service. Customer represents and warrants that it has adopted and implemented, and gives users of internet service notice of, a policy for terminating repeat copyright infringers pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Customer agrees to indemnify and hold harmless WOW!, its parents, affiliates, subsidiaries, contractors, subcontractors, and agents from and against any and all costs, claims, causes of actions, and demands, including reasonable attorneys’ fees, incurred by WOW! as a result of, or in connection with, any actual or alleged act of copyright infringement conducted using the internet service provided by WOW! to Customer or any other Customer Services.