That's the whole point of a frivolous lawsuit, the defendant doesn't have to do anything to bring it about other than make a few posts about one thing or another. For example maybe someone ( some third party ) that a member has no connection with decides they don't like you ( someone like this for example ) and decides to sue you using some content the member has posted as a pretense. All of a sudden your TOS makes that member liable for your legal bills. Maybe you'll never pursue it, but why should members be exposed at all? By dumping the indemnification clause members aren't responsible for your legal bills unless you decide to sue them for damages and win.
Genes too much of a gentleman so i'll do it. That little bitch is a POS. Fortunately there is a simple test to tell when hes talking crap
His lips are moving
The opinion of someone whos clearly got a few roo's loose in the top paddock is worthless