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
The Subscriber bears the financial and legal burden of defending Fastly against third-party claims tied to the Subscriber's data or non-compliant use of the Services.
Interpretive note: The excerpt uses an ellipsis, which may indicate omitted language that could introduce conditions, procedures, or carve-outs not visible in the quoted text. The canonical claim is based solely on the quoted language.
If a third party brings a claim against Fastly arising from your Subscriber Data or your breach of the Agreement in using the Services, you are required to defend and indemnify Fastly.
How other platforms handle this
The Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you...and in that case, you agree to cooperate with our defense of those claims.
We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.
"Subscriber will indemnify and defend Fastly against any and all third party claims... arising out of or in connection with (i) Subscriber Data, or (ii) Subscriber's use of the Services in breach of the Agreement...Excerpt from Fastly's Terms of Service
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The Subscriber bears the financial and legal burden of defending Fastly against third-party claims tied to the Subscriber's data or non-compliant use of the Services.
If a third party brings a claim against Fastly arising from your Subscriber Data or your breach of the Agreement in using the Services, you are required to defend and indemnify Fastly.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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