Legal Question in Technology Law in New York

Re: Website Guestbook

The web host is probably correct because you or your company agreed to the web host's terms of use, which most likely require you or your company to indemnify the web host from third party claims arising from your online activities. Going forward, you can, in turn, require visitors to your website to indemnify you and your company from third party claims arising from their activities on your site. However, you cannot do so retroactively.

As for the current lawsuit, you may still be able to convince the court that the alleged slanderer had an implied indemnity obligation to you or your company and should therefore be responsible for any costs or damages you or your company incur as a result of the lawsuit. However, the outcome of such an argument will turn on several factors including applicable state law and the specific facts and circumstances surrounding the alleged slanderer's use of your web site. You are going to need an attorney to assist you.