ACCEPTABLE USE POLICY; REPORTING A VIOLATION; AND DMCA SAFE HARBOR.

 

I. introduction

The acceptable use policy described in Section II (the "AUP") specifies guidelines for users of Fastly’s services. It is our policy to post any changes we make to the AUP on this page and provide a notice that the AUP has been updated on https://docs.fastly.com/changes/. The AUP was last revised on May 20, 2016 and will be effective on June 19, 2016.

Anyone may report a violation of the AUP by following the instructions in Section III.

Fastly’s current terms of service are available at https://www.fastly.com/terms. The documentation for Fastly’s services is available at https://docs.fastly.com. Fastly’s subscribers are obligated to use Fastly’s services as agreed to in their subscription agreement with Fastly, in compliance with Fastly’s documentation and according to the AUP.

II. ACCEPTABLE USE Policy

Fastly’s services shall not be used by any person or entity:

  1. in any way that violates any applicable federal, state, local, or international law or regulation;
  2. for fraudulent purposes;
  3. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content or asking for personally identifiable information;
  4. to store, publish, display, or transmit obscene, defamatory, infringing, libelous, harassing, abusive, threatening or otherwise unlawful or tortious material;
  5. to store or transmit material in violation of third-party privacy rights;
  6. to send unsolicited messages or postings, including bulk commercial advertising or informational announcements and "spam";
  7. to compromise or attempt to compromise the security of any Fastly or third party network, system, server, or account;
  8. to impersonate or attempt to impersonate Fastly, Fastly personnel, another subscriber or user, or any other person or entity; or
  9. in any way that restricts or inhibits anyone's use or enjoyment of Fastly’s services or which, as determined by Fastly, may harm Fastly or users of Fastly’s services or expose them to liability.

III. REPORTING A VIOLATION OF the AUP

As a provider of caching services, storage and removal of cached content by Fastly’s services occurs automatically based on the actions of our subscribers.

Reports of a violation of the AUP described in Section II by our subscribers’ content that are directed to Fastly should:

  1. be sent to abuse@fastly.com or mailed to the following address: 

Attention:  Abuse
Fastly, Inc.
P.O. Box 78266
San Francisco, CA 94107;

  1. identify exact uniform resource locator(s) (URLs) hosting the content in violation of the AUP;
  2. document your efforts to contact the subscriber directly; and
  3. provide an email address to permit our subscriber to contact you.

We will promptly forward this report to the applicable subscriber.
 

IV. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

Fastly complies with laws applicable to it and its services.

Fastly operates as an intermediary to cache and deliver content hosted by others at the instruction of our subscribers. We cannot remove content hosted by others. As an intermediary, we are entitled to rely upon (among other things) the DMCA safe harbor available to system caching service providers and we maintain policies and procedures to terminate subscribers that would be considered repeat infringers under the DMCA.  See 17 U.S.C. 512(b) available at http://www.copyright.gov/title17/92chap5.html#512

You may submit a DMCA notification to our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for additional information):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of each exact uniform resource locator (URL) hosting the copyrighted work(s) and identification of the material located at each URL that is claimed to be infringing or to be the subject of infringing activity and that is requested to be removed or disabled;
  3. information reasonably sufficient to permit our subscriber to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Unless it is reasonably apparent to us that our subscriber has already received a notice of infringement from you regarding particular content, we will forward all the information you provide in your notice, including your contact information, to our subscriber.

If you are a copyright owner or an agent thereof and believe that any content cached or delivered using Fastly’s services or on any Fastly domain infringes upon your copyrights, we recommend that you submit a notification pursuant to the DMCA directly to the originating site. In order for a DMCA takedown notice to a system caching service provider to be effective under 17 U.S.C. 512(b), the notice provider must demonstrate either (a) that the content has already been removed from the originating site or (b) the notice provider has obtained a court order requiring the content be removed from the originating site or access to the content to be disabled.

Prior to filing a claim under 17 U.S.C. 512(c)(3) regarding a Fastly subscriber’s content please review 17 U.S.C. 512(b) and note the following:

  1. the content cached or delivered by Fastly’s services is not modified by Fastly except upon our subscribers’ instructions;
  2. our services do not change the advertising associated with the content from our subscribers’ originating site without authorization from our subscribers;
  3. we comply with industry standard rules regarding refreshing, reloading or otherwise updating content;
  4. our services do not interfere with our subscribers’ technology that returns “hit” count information that otherwise would have been collected had the content not been cached; and
  5. our services do not bypass the conditions that our subscribers require for access to their content.

Fastly’s Designated Copyright Agent to receive notifications of claimed copyright infringement is our General Counsel, Fastly, Inc., 475 Brannan Street, Suite 300, San Francisco, CA 94107, email: abuse@fastly.com.