12.1 The Services are provided subject to all applicable laws and the Customer accordingly indemnifies Planet Margate from any liability attributable to any regulatory body or civil or criminal proceedings instituted against Planet Margate or for any loss or damage suffered by the Customer or any third party as a consequence of any interruption or unavailability of the Services.

12.2 The Customer unconditionally and irrevocably indemnifies Planet Margate and holds Planet Margate free from and harmless against all losses suffered or incurred by the Customer or Planet Margate or instituted against Planet Margate by any third party as a direct or indirect result of the Customer's use of the Services, the Customer's failure to comply with any Planet Margate Hosting Terms, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. Included within the ambit of downtime, outage, degradation of the network, interruption, or unavailability of the Services is any of the following:

(i) software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
(ii) non-performance or unavailability of any of the services provided by a electronic communications network or service provider, including, line failure, or in any international services or remote mail servers,
(iii) non-performance or unavailability of external communications networks to which the Customer or Planet Margate's network infrastructure is connected, and
(iv) repairs, maintenance, upgrades, modifications, alternations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.

12.3 The Customer will defend Planet Margate against any claim against which Planet Margate is indemnified under clause 12.2 and elsewhere in the Planet Margate Hosting Terms ("indemnified claim") and pay any and all costs, damages and expenses (including attorneys fees on the attorney and own client scale) finally awarded against Planet Margate by a court of competent jurisdiction or agreed to in a written settlement agreement signed by the Customer directly arising from the indemnified claim, provided that:

(i) Planet Margate will notify the Customer in writing as soon as Planet Margate becomes aware of the indemnified claim to enable the Customer to take steps to contest it,
(ii) the Customer may assume sole control of the defence of the claim or related settlement negotiations and
(iii) Planet Margate will provide the Customer, at the Customer's expense, with the assistance, information, and authority necessary to enable the Customer to perform its obligations under this clause.

12.4 The Customer must pay to Planet Margate the amount of an indemnified claim forthwith upon request for payment. If the Customer contests the indemnified claim, the Customer must pay to Planet Margate the amount of the indemnified claim forthwith after any judgment or order is granted, provided that in those circumstances where the Customer does not at any time proceed with the contest of the claim timeously and promptly, Planet Margate may require the Customer either to pay the amount of the claim in question in trust to its attorneys pending the outcome of the proceedings, or Planet Margate may require the Customer to give proper and adequate security therefore.