The agreement requires subscribers to indemnify, defend, and hold Fastly harmless from any third-party claims arising from Subscriber Data or breach of the agreement, including attorneys' fees and costs. Subscribers must also reimburse Fastly for legal costs incurred in responding to third-party or governmental information requests related to Subscriber Data.
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 establishes that subscribers bear financial responsibility for third-party and governmental claims and legal costs associated with their data content, including costs Fastly incurs responding to government inquiries about Subscriber Data, which may create significant and open-ended financial exposure depending on the nature of data hosted through the services.
Under this clause, subscribers are contractually obligated to fund Fastly's legal defense costs for third-party lawsuits and governmental information requests connected to Subscriber Data, in addition to any judgments or damages awarded against Fastly in such proceedings. The agreement states this obligation applies to governmental requests even where no dispute exists between the subscriber and Fastly.
Cross-platform context
See how other platforms handle Subscriber Indemnification of Fastly for Subscriber Data Claims and similar clauses.
Compare across platforms →"Subscriber will indemnify and defend Fastly against any and all third party claims, demands, suits or proceedings (each a "Claim Against Fastly") and all related judgments, liabilities, awards, damages, costs, including reasonable attorneys' fees and expenses, arising out of or in connection with (i) Subscriber Data, or (ii) Subscriber's use of the Services in breach of the Agreement... Except with respect to a dispute between Subscriber and Fastly, Subscriber will reimburse Fastly for all costs and reasonable attorneys' fees for responding to third party or governmental requests for information arising out of or in connection with Subscriber Data or Subscriber's use of the Services.Excerpt from Fastly's Terms of Service
(1) REGULATORY LANDSCAPE: The governmental request reimbursement obligation may interact with GDPR, CCPA, and other data protection frameworks in jurisdictions where data subjects or regulators may direct inquiries to Fastly as a data processor; legal …
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This provision establishes that subscribers bear financial responsibility for third-party and governmental claims and legal costs associated with their data content, including costs Fastly incurs responding to government inquiries about Subscriber Data, which may create significant and open-ended financial exposure depending on the nature of data hosted through the services.
Under this clause, subscribers are contractually obligated to fund Fastly's legal defense costs for third-party lawsuits and governmental information requests connected to Subscriber Data, in addition to any judgments or damages awarded against Fastly in such proceedings. The agreement states this obligation applies to governmental requests even where no dispute exists between the subscriber and Fastly.
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