So, here’s a question I’ve got… I’ll go ahead and quote the relevant portion of the ToS here:
USE AT YOUR OWN RISK: INDEMNITIES AND WARRANTIES
When you create content, you are solely responsible for it and the opinions that you express are your own. You will not hold us responsible [you indemnify us] for any User Content that violates any law or infringes the rights of any third party.
In the legal world, indemnify means you agree to hold Happy Mutants, its officers, directors, employees and agents, harmless from and defend them against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way arising out of or in any way connected with your access to or use of the Site, Services, and all Boing Boing and User Content, your violation of these Terms of Service, your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) or any claim that your User Content caused damage to a third party.
HAPPY MUTANTS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE BOING BOING WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA.
I’m reading this as potentially nasty - so Boing Boing gets sued for a post I make, I’m required to pay all legal fees, even if the suit has no basis?