Lately I've taken to skimming, if not actually reading, the "terms of use" conditions I agree to follow on Web sites. Now I stop when I see the phrase "indemnify and hold harmless" -- and I push back. Sometimes that means clicking away from a Web site; other times it means shooting an email to the site owner. Indemnify? Really? Me? To join your Web site, post a photo, use your software, do I really need to assume the financial burden of covering your attorney fees and court costs if things go legal? Yes, I know, it's standard language. And it's a far-fetched possibility. But still, that's a steep promise to make.
Here's a good article about the topic--Promises to indemnify, by Susan Butler--that comes from far away (at least for me) at ZDNet Australia and from what seems like a long time ago, December 2000. Worthwhile reading nonetheless.
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