Effective May 25, 2018
THESE TERMS DO NOT APPLY TO YOUR ACCESS TO AND USE OF THE CLOUDFLARE PRODUCTS AND SERVICES WHICH WE MARKET ON OUR WEBSITE (“SERVICES”). Our Services are governed by either our Self-Serve Customer Subscription Agreement, or the Enterprise Subscription Agreement signed between you and Cloudflare (if applicable).
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Website and (iii) that your use of the Website is in compliance with any and all applicable laws and regulations.
By posting or publishing your content, suggestions, information, data, or comments (“Content”) to this Website, you are granting Cloudflare a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to display, perform, reproduce, distribute, and prepare derivative works of your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You will retain ownership of your Content, however, any use of your Content by Cloudflare may be without any compensation paid to you. By posting and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
Except as otherwise provided in our Supplemental Terms, Cloudflare is a pass-through network used to improve network performance, not a hosting provider and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Copyright holders or their agents concerned with material served through Cloudflare’s network should submit a notification of claimed copyright infringement or other abuse through our automated form located at https://www.cloudflare.com/abuse/.
If you would prefer not to use our complaint submission form, you may mail your complaint to:
Attn: Legal Department
101 Townsend St,
San Francisco, CA 94107
Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.
Please bear in mind that unless you have requested us not to share your information through the opt-out procedure described on our abuse page, Cloudflare may provide copies of, or information from your notification or complaint to anyone it considers appropriate, including but not limited to the Cloudflare user whom the notification or complaint relates to, the Cloudflare user’s hosting provider, website operator and visitors of Cloudflare’s own website. For more information about how Cloudflare handles complaints please visit https://www.cloudflare.com/abuse/.
We may at our sole discretion suspend or terminate your access to the Website at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Website at any time (including, without limitation, by limiting or discontinuing certain features of the Website) without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.
This Website may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Website (the “Materials”) provided by Cloudflare are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Website are the property of Cloudflare or our third-party licensors. Except as expressly authorized by Cloudflare you may not make use of the Materials. Cloudflare reserves all rights to the Materials not granted expressly in this Agreement.
You agree that you will be responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless Cloudflare and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Cloudflare Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Website; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. 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 without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CLOUDFLARE ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITE. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THE CLOUDFLARE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL THE CLOUDFLARE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CLOUDFLARE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Cloudflare agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
Cloudflare reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Website.
This Website is operated by Cloudflare, Inc., located at 101 Townsend St., San Francisco, California 94107. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected]. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.