Fastly is an Internet intermediary offering the Fastly CDN Service, which makes our customers’ transmission of their content objects from their origin servers to their end users more efficient. We do this primarily by caching – automatically storing – copies of content objects at intermediate locations and delivering them from those locations to our customers’ end users.
Our customers are responsible for the content they make available to end users, and also for defining which of their content objects will be cached by the CDN Service. End users are responsible for the requests for content objects that they make (by accessing our customers’ websites and/or making calls to their hosted APIs), and end users may also create content on our customers’ origin servers (user-generated content) that becomes available to other end users.
Fastly cannot monitor, verify, warrant, or vouch for the accuracy and quality of the content that end users may acquire. End users must exercise their best judgment in relying on information obtained from the Internet, and should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Fastly cannot monitor Internet content, and will not attempt to do so, Fastly cannot accept any responsibility for injury to its customers or their end users that results from inaccurate, unsuitable, offensive, or illegal Internet content.
Fastly nevertheless reserves the right, at our sole discretion, to remove any content objects in the event we receive a notice that a third party believes that the content objects infringe on a patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. Our customers consent to such removal, and waive any claim against Fastly arising out of such removal of content. Customers also agree that Fastly is, however, not responsible for any failure to or delay in removing such content objects, nor is Fastly under any obligation to do so.
Anyone placing content onto the Internet – whether customers or end users – have the same liability as authors for copyright infringement, defamation, and other harmful speech. And there are types of content that, if posted, can adversely affect other end users and customers, and harm Fastly’s goodwill, business reputation, and operations. For these reasons, customers violate this Fastly Acceptable Use Policy when they, their affiliates, subsidiaries, or end users engage in the following prohibited activities:
- Spamming. Sending unsolicited, commercial messages over the Internet (“spamming”). It is harmful because of its negative impact on attitudes toward Fastly, and because it can disrupt service to Fastly customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Fastly has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list.
- Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Fastly is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Fastly’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.
- Obscene Speech or Materials. Using Fastly’s CDN service to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Fastly is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Fastly’s CDN service.
- Defamatory or Abusive Language. Using Fastly’s CDN service as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the CDN service or any connected network, system, service, or equipment.
- Facilitating a Violation of this AUP. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
- Export Control Violations. Exporting encryption software over the Internet or otherwise, to points outside the United States.
- Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
- Other Activities. Engaging in activities, whether lawful or unlawful, that Fastly determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.
Fastly will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Fastly policy or applicable law. However, when Fastly becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Fastly also is aware that many of its customers are, themselves, service providers, and that information reaching Fastly’s facilities from those customers may have originated from an end user of the customer or from another third-party. Fastly does not require its customers to monitor or censor transmissions or websites created by end users of its customers. Fastly has the right to directly take action against an end user of a customer.
Also, Fastly may take action against a Fastly customer because of activities of an end user of the customer, even though the action may affect other end users of the customer.
Fastly requires that customers cooperate with Fastly in any corrective or preventive action that Fastly deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this Fastly Acceptable Use Policy.
Fastly is concerned with the privacy of on-line communications and websites; the Internet is neither more nor less secure than other means of communication, including mail and voice telephone service, which can be intercepted and otherwise compromised. As a matter of prudence Fastly urges its customers to assume that all of their on-line communications are insecure. Fastly cannot take any responsibility for the security of information transmitted over Fastly’s facilities.
Fastly will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. Fastly may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Fastly may disclose information, including but not limited to, information concerning a customer or end user, a transmission made using our CDN Service, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Fastly assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Fastly may disclose customer information or information transmitted over its CDN Service where necessary to protect Fastly and others from harm, or where such disclosure is necessary to the proper operation of the system.
Fastly expects that its customers will comply with applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate this Fastly Acceptable Use Policy and constitute a breach of the Fastly Terms of Service and/or Fastly Master Services Agreement.
Fastly emphasizes that under both the Fastly Terms of Service and/or Fastly Master Services Agreement, customers must indemnify Fastly for any violation of such service agreements, laws, or the Fastly Acceptable Use Policy that results in loss to Fastly or the bringing of any claim against Fastly by any third-party. (This means that if Fastly is sued because of a customer’s or customer’s end user’s activity, the customer will pay any damages awarded against Fastly, plus costs and reasonable attorneys’ fees.
We hope this AUP is helpful in clarifying the obligations of Fastly, Fastly customers, and end users have as responsible providers and consumers of Internet services. Any complaints about a customer or end user’s violation of this AUP should be sent to: email@example.com.