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Are the indemnification clauses in Online agreements virtually never enforced?

New York, NY |

Does the following clause from an online agreement mean I have to pay all their legal fees if there was ever any litigation even if I did nothing wrong, and are these clauses (in online agreements) virtually never enforced?

By publishing and making available for sale Cover Images through Your account, You authorize the Company to make Your Cover Images available for sale on the Company Template Marketplace and/or on its Partners' sales channels. Company shall not be held liable for any damage caused by Your Cover Images and is to be held harmless in the event of any litigation resulting from its use by Customers, which includes being absolved of any and all legal fees.

Governing law. The laws of the Province of British Columbia govern these Terms and Conditions

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The main question is are these Indemnification clauses (which are now standard in online terms of agreement) virtually never enforced? (Because of the protection provided to online businesses by The Digital Millennial Act?) Are users placing themselves at serious risk by agreeing to these Terms?


It is an indemnification and hold harmless clause. I don't know how often a company tries to enforce them and I don't know British Columbia law. Assuming a company did go after someone they would still have to collect and their ability to do that would depend on the person's assets.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Post for a lawyer in British Columbia, Canada, since that is the choice of law selected and not NY.

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