Common use of Restrictions on Use of Service Clause in Contracts

Restrictions on Use of Service. Customer is solely responsible for use of the Bell Services by any of its employees, officers, directors, agents, customers (including their customers in the case of Wholesale Sale) and any users of the Bell Services (collectively, “End Users”). Customer is permitted to resell or remarket all or any portion of the Bell Services, under its own branding or under any other branding to End Users of the Bell Services, including to any party who further resells all or any portion of the Bell Services (“Wholesale Sale”) (each action a “Resale”), save and except in the case of simple resale where the Customer adds no value to the Bell Services, and which for greater certainty is expressly prohibited. Upon any Resale of the Bell Services, the Customer shall: (a) be solely responsible for the use of the resold Bell Services by the End User; (b) be solely liable for all End User care matters associated with the resold Bell Services, (c) not make any representation, warranty or covenant or otherwise make any commitment to an End User on behalf of Bell; (d) comply with all applicable laws and regulations regarding Resale (including, without limitation, the requirements of Telecom Decisions: CRTC 2002-13, 8 March 2002 and CRTC 2004-35, 21 May 2004, as amended); (e) not use the logos, trademarks, service marks, trade names, tag lines, slogans, advertising, marketing or promotional material or any other right in or to the Bell identity or that of its affiliates; and (f) indemnify, defend and save harmless Bell from and against any and all third party claims from any End User or otherwise resulting from any Resale. Customers shall comply and shall cause End Users to comply with (a) the Bell AUP as amended from time to time and for any Internet-based Bell Service if the Customer is receiving that Bell Service; and (b) any third party software license terms and conditions for software used by the Customer and/or End Users in connection with the use of the Bell Services. Customer shall not tamper with, alter or otherwise rearrange the Bell Services. Customer shall not use or abuse the Bell Services, or permit or assist others to do so in any manner that interferes with the Bell Services or the provision of them, or the networks of Bell or access to those networks by other users; or not use or abuse the Bell Services, or permit or assist others to do so for any purpose or in any manner that directly or indirectly violates applicable laws or any third party rights. Customer shall not (a) use, or permit the use of, any Bell Service for an illegal purpose, criminal offence, intellectual property infringement, harassment (including annoying or offensive calls/transmissions), or in a manner that would breach the AUP or cause interference with network operations (including preventing a fair and proportionate use by others);