re: NYT's contract to read their pages

["W. Curtiss Priest" <BMSLIB@MITVMA.MIT.EDU>]

  I have received several requests about what I was referring to
  when I said the New York Times uses the vilest of contract language
  and imposes harsh liabilities to users of their web page.
  
  As you read this extract of the agreement you must 'sign' to use
  http://www.nytimes.com, ask yourself why the 'little people' must
  sign away their assets to protect the big people -- the New York Times?
  
  The indemnification clause place every user at risk of being hauled
  into court over some purported breach, and you get to pay for all
  the law fees incurred by the NYTs and for any damages.
  
  The main issue is a matter of visibility.  The New York Times is very
  visible.  Some copyright holder might go after the New York Times
  because they are thinking "deep pockets."  Those deep pockets turn
  out to be your pockets.
  
  I urge everyone to boycott the Times' web page.
  
  
    >
    > 5. REPRESENTATIONS AND WARRANTIES
    >
    >5.1 Subscriber represents, warrants, and covenants (a) that no materials of
    >any kind submitted through Subscriber's account will (i) violate,
    >plagiarize, or infringe upon the rights of any third party, including
    >copyright, trademark, privacy or other personal or proprietary rights; or
    >(ii) contain libelous or otherwise unlawful material; and (b) that
    >Subscriber is at least eighteen years old. Subscriber hereby indemnifies,
    >defends and holds NYTEMC and NYT WEB, and all officers, directors, owners,
    >agents, information providers, affiliates, licensors and licensees
    >(collectively, the "Indemnified Parties") harmless from and against any and
    >all liability and costs incurred by the Indemnified Parties in connection
    >with any claim arising out of any breach by Subscriber or any User of
    >Subscriber's account of the Subscriber Agreement or the foregoing
    >representations, warranties and covenants, including, without limitation,
    >reasonable attorneys' fees. Subscriber shall cooperate as fully as
    >reasonably required in the defense of any claim. NYTEMC reserves the right,
    >at its own expense, to assume the exclusive defense and control of any
    >matter otherwise subject to indemnification by Subscriber.
    >
  
              W. Curtiss Priest, Director, CITS
        Center for Information, Technology & Society
           466 Pleasant St., Melrose, MA  02176
         Voice: 617-662-4044  BMSLIB@MITVMA.MIT.EDU
   Fax: 617-662-6882 WWW: http://www.eff.org/pub/Groups/CITS