Each party will indemnify, defend and hold the other harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys fees) (collectively, “ Losses ”) resulting from any claim, suit, action, or proceeding (each, an “ Action ”) brought by any third party against the other or its affiliates arising out of or related to (i) the infringement or misappropriation of any intellectual property right relating to the delivery or use of the Service(s) (but excluding any infringement contributorily caused by the other party); (ii) personal injury caused by the gross negligence or willful misconduct of the other party; and (iii) any violation of or failure to comply with the Acceptable Use Policy. In addition, Customer will indemnify, defend and hold harmless Data Foundry, its affiliates and customers from and against any and all Losses resulting from or arising out of any Action brought against Data Foundry or its affiliates arising out of or related to any damage or destruction caused by Customer, its Representative(s) or designees to the Customer Area, the Internet Data Centers, Data Foundry Supplied Equipment or other equipment belonging to other customer’s of Data Foundry.