Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Servergoal and all affiliates of Servergoal, and all officers, agents, employees, and representatives of Servergoal, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of Servergoal products and/or services by Servergoal and its agents and employees. Further, You agree to defend, indemnify and hold harmless Servergoal and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of:
- 1. any breach of any representation or warranty provided in this Agreement, or as provided by Servergoal’s AUP or any other agreement that has been incorporated by reference herein;
- 2. the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer;
- 3. any intellectual property or other proprietary rights of any person or entity;
- 4. any information or data You supplied to Servergoal, including, without limitation, any misrepresentation in Your application, if applicable;
- 5. the inclusion of metatags or other elements in any website created for You or by You via the Services;
- 6. any information, material, or services available on Your Servergoal hosted website;
- 6. any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should Servergoal be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Servergoal may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless Servergoal. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Servergoal shall have the right to participate in the defence of any such claim through counsel of its Own choosing. You agree to notify Servergoal of any such claim promptly in writing and to allow Servergoal to control the proceedings. You agree to cooperate fully with Servergoal during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.