Release and Indemnification Clauses in Current Shrinkwrap and Clickwrap Contracts

From Auction.com's "Terms of Service"
URL: http://auctions.com/au/sharedcontent/rules.asp#terms Found by Vergil Bushnell at 4:25 PM, March 1, 2000

Member hereby waives, releases, forgives, discharges and relinquishes any and all claims that Member now has or may have against Auctions.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any Auctions.com transaction.

Member hereby agrees to indemnify, defend and hold Auctions.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Auctions.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement (except as caused by its gross negligence or willful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any Auctions.com transaction and/or by any other person and/or as a result of the Member taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

Member further agrees to indemnify and hold Auctions.com, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these Terms and Conditions by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

Hypernix Technologies, LTD.'s "Terms and Conditions of Use" for Gooey
Gooey can be downloaded free from free FTP sites. Found by Vergil Bushnell at 5:30 PM, Feb. 29, 2000
Indemnification: By agreeing to use the Service, you agree to defend, indemnify and hold Hypernix, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users authorized by you or related to any violation of these Terms and Conditions by you or any user authorized by you.

Comments and suggestions to Vergil Bushnell vbushnell@cptech.org

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