Extract from the "Website Company" (name changed to protect the guilty) mandatory Agreement (31 March 2004):
INDEMNITY. You agree to release, indemnify, defend and hold harmless "Website Company" and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the "Website Company" services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to "Website Company," including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the "Website Company" services, or (g) any information, material, or services available on your licensed "Website Company" Web Site . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the "Website Company" services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
"You agree to defend us forever"
kicker is at the end of this section:
To cut to the chase, "You shall have sole responsibility to defend us against any claim, .... The terms of this paragraph will survive any termination or cancellation of this Agreement."
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