You are fully responsible for any content or data you send through Fastly's network, and you are guaranteeing that you have the legal right to do so.
This analysis describes what Fastly'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
This provision means that if content you transmit through Fastly violates the law or someone else's rights, legal and financial responsibility sits entirely with the customer, not with Fastly.
Business customers bear full legal responsibility for all content they route through Fastly, including potential liability for copyright infringement, illegal content, or privacy violations in that content, with no shared responsibility from Fastly.
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"You are solely responsible for all Customer Content that you submit, post, transmit, or otherwise make available through the Services. You represent and warrant that you have all necessary rights to submit Customer Content and that such content does not violate any applicable law or third-party rights.— Excerpt from Fastly's Fastly Terms of Service
REGULATORY LANDSCAPE: The customer's sole responsibility for transmitted content is consistent with Section 230 of the Communications Decency Act, which generally shields platforms like Fastly from liability for third-party content. However, customers transmitting content subject to GDPR, CCPA, COPPA, or the DMCA bear the full compliance burden for that content under this provision. For customers operating in the EU, the Digital Services Act may impose additional obligations on certain content categories. GOVERNANCE EXPOSURE: High for customers transmitting user-generated content, personal data, or content subject to intellectual property rights. The representation and warranty that the customer has all necessary rights to submit content creates a contractual risk of breach if the customer's content rights are later disputed. JURISDICTION FLAGS: EU customers transmitting personal data through Fastly must ensure GDPR compliance for that data independently of this provision. Customers transmitting content to or from California may face additional obligations under CCPA. Customers serving minors must independently ensure COPPA compliance for content involving children's data. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should ensure that the customer's content rights management processes are robust enough to support the representation and warranty made in this clause. B2B customers who themselves host third-party or user-generated content face compounded risk, as they are warrantying rights over content they may not fully control. COMPLIANCE CONSIDERATIONS: Legal teams should conduct a content audit to confirm that all content transmitted through Fastly is covered by appropriate licenses or ownership rights. Privacy teams should map all personal data flowing through Fastly and confirm that appropriate GDPR or CCPA compliance mechanisms are in place independent of this contractual provision.
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This provision means that if content you transmit through Fastly violates the law or someone else's rights, legal and financial responsibility sits entirely with the customer, not with Fastly.
Business customers bear full legal responsibility for all content they route through Fastly, including potential liability for copyright infringement, illegal content, or privacy violations in that content, with no shared responsibility from Fastly.
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