“You will indemnify, defend and hold harmless Medium, and our officers, directors, agents, partners and employees...from and against any losses, liabilities, claims, demands, damages, expenses or costs...”
Users are required to indemnify, defend, and hold harmless Medium and its officers, directors, agents, partners, and employees against claims arising from user violations of third-party rights or law, and to pay all associated fees, costs, and attorneys' fees. Medium retains sole control over the defense or settlement of any such third-party claims.
This analysis describes what Medium's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Users bear financial responsibility for defending Medium and associated individuals against a broad range of legal claims, demands, and costs.
Interpretive note: The excerpt contains an ellipsis indicating omitted language, which may include conditions, triggers, or qualifications governing when the indemnification obligation arises. Confidence is medium because the full scope of the indemnification clause cannot be verified from the excerpt alone.
Under this clause, users are required to pay all costs, including attorneys' fees, associated with defending Medium Parties against third-party claims related to user conduct, and cannot control the defense or settlement strategy for such claims. The agreement qualifies this obligation with 'to the fullest extent permitted by applicable law.'
How other platforms handle this
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"You will indemnify, defend and hold harmless Medium, and our officers, directors, agents, partners and employees...from and against any losses, liabilities, claims, demands, damages, expenses or costs...Excerpt from Medium's Terms of Service
1) REGULATORY LANDSCAPE: Broad user indemnification clauses in consumer agreements may be subject to scrutiny under state consumer protection statutes and may be unenforceable to the extent they conflict with consumer protection frameworks.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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Users bear financial responsibility for defending Medium and associated individuals against a broad range of legal claims, demands, and costs.
Under this clause, users are required to pay all costs, including attorneys' fees, associated with defending Medium Parties against third-party claims related to user conduct, and cannot control the defense or settlement strategy for such claims. The agreement qualifies this obligation with 'to the fullest extent permitted by applicable law.'
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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