Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC may scrutinize excessively broad indemnification clauses in consumer contracts as unfair under Section 5 of the FTC Act, particularly where they impose unreasonable risk on consumers.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Broad Subscriber Indemnification clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Broad Subscriber Indemnification — Cloudflare

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What it is

If Cloudflare gets sued or incurs legal costs because of something you did, posted, or how you used the service, you are legally responsible for paying Cloudflare's legal fees and any damages.

Consumer impact (what this means for users)

If anyone sues Cloudflare because of content on your website or how you used their services, you must pay Cloudflare's legal costs and any resulting damages, creating potentially large and unpredictable financial exposure.

Cross-platform context

See how other platforms handle Broad Subscriber Indemnification and similar clauses.

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Why it matters (compliance & risk perspective)

This clause creates an open-ended financial obligation for subscribers — if a third party sues Cloudflare over your website's content or your use of the service, you could owe Cloudflare significant legal fees and damages on top of any direct liability you face.

View original clause language

You agree to defend, indemnify, and hold harmless Cloudflare and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Indemnification clauses are primarily matters of contract law, governed here by Delaware law per the agreement's choice-of-law provision. The scope of indemnification obligations may be evaluated under FTC Act Section 5 if applied in a way that shifts unreasonable risk to consumers. For business subscribers, this clause interacts with corporate insurance policies (commercial general liability, errors & omissions, cyber liability) and procurement risk frameworks.

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Applicable agencies

FTC

The FTC may scrutinize excessively broad indemnification clauses in consumer contracts as unfair under Section 5 of the FTC Act, particularly where they impose unreasonable risk on consumers.
File a complaint →

Provision details

Document information

Document

Cloudflare Terms of Use

Entity

Cloudflare

Document last updated

April 29, 2026

Tracking information

First tracked

April 18, 2026

Last verified

April 18, 2026

Record ID

CA-P-003003

Document ID

CA-D-00281

Evidence Provenance

Source URL

https://www.cloudflare.com/terms/

Wayback Machine

View archived versions →

SHA-256

af37667e124d0363f143ca727e79c9a668751aece57f83a9121e317e2cdbdbca

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Cloudflare | Document: Cloudflare Terms of Use | Record: CA-P-003003
Captured: 2026-04-18 11:39:55 UTC | SHA-256: af37667e124d0363…
URL: https://conductatlas.com/platform/cloudflare/cloudflare-terms-of-use/broad-subscriber-indemnification/
Accessed: May 2, 2026

Classification

Severity

High

Broad Subscriber Indemnification