Customer shall protect, defend, indemnify and hold harmless ASE Smart Energy, its shareholders, directors, officers, employees and agents from any fines, damages, costs, losses, liabilities, fees, penalties, claims and expenses (including legal fees and expenses) incurred by ASE Smart Energy Inc. or any third party due to or arising out of Customer’s use of the website; Customer’s violation of the Terms of Service, any misrepresentations made by the Customer; or the customer’s violation of any rights of another.