“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...”
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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.
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
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Ramp will have sole control and authority to defend the claim, provided (i) Company may participate in the defense and settlement of the claim with counsel of its own choosing at its own expense.
the Indemnifying Party being given full and complete control over the defense and settlement of the Claim
"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 225 platforms. See the full comparison.
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