[HN Gopher] Goodbye, section 2.8 and hello to Cloudflare's new t...
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       Goodbye, section 2.8 and hello to Cloudflare's new terms of service
        
       Author : rozenmd
       Score  : 178 points
       Date   : 2023-05-16 13:36 UTC (9 hours ago)
        
 (HTM) web link (blog.cloudflare.com)
 (TXT) w3m dump (blog.cloudflare.com)
        
       | anderspitman wrote:
       | I maintain a list of tunneling solutions[0]. One of the main
       | reasons people choose not to use Cloudflare Tunnel for
       | selfhosting is because technically hosting non-HTML content has
       | been against their ToS. Anyone know if this change affects
       | tunnels?
       | 
       | [0]: https://github.com/anderspitman/awesome-tunneling
        
         | Wallacy wrote:
         | Tunnels should be part of Cloudflare Access and they mention
         | "GRE tunnels" and WARP with not mention about content type or
         | bandwidth limit.
        
         | napsterbr wrote:
         | Apparently, there are no "service-specific terms" for
         | Cloudflare Tunnel, so the only ToS for that service would be
         | the "main" terms (i.e. the Self-Serve Subscription
         | Agreement)[0].
         | 
         | Therefore, as long as you comply with it (especially the
         | sections 2.2.1 and 2.7), you'd be fine. There are no explicit
         | constraints regarding content type, just on what the content
         | itself is or represents (e.g. illegal stuff).
         | 
         | Disclaimer: I'm definitely not a lawyer.
         | 
         | [0] - https://www.cloudflare.com/terms/
        
       | austinpena wrote:
       | What does this mean for the bandwidth alliance with backblaze? Is
       | egress for non-html content now free and not against TOS?
        
       | ivanstegic wrote:
       | What's the TLDR?
        
         | encom wrote:
         | MITM-as-a-Service wants to be paid more.
        
         | ranger_danger wrote:
         | no more "video" or "large file" hosting for free
        
           | yamtaddle wrote:
           | You already couldn't do that on the self-serve plans (well,
           | you might get away with a little bit of it, but it was a
           | gamble). This change explicitly allows it _if_ you 're
           | hosting the video on a CloudFlare service of some sort, other
           | than just the CDN.
        
         | xwdv wrote:
         | Use Cloudflare.
        
           | throitallaway wrote:
           | Obey.
        
       | alberth wrote:
       | For clarity, the old section [0]:                 The Services
       | are offered primarily as a platform to cache and serve web pages
       | and websites. Unless explicitly included as part of a Paid
       | Service purchased by you, you agree to use the Services solely
       | for the purpose of (i) serving web pages as viewed through a web
       | browser or other functionally equivalent applications, including
       | rendering Hypertext Markup Language (HTML) or other functional
       | equivalents, and (ii) serving web APIs subject to the
       | restrictions set forth in this Section 2.8. Use of the Services
       | for serving video or a disproportionate percentage of pictures,
       | audio files, or other non-HTML content is prohibited, unless
       | purchased separately as part of a Paid Service or expressly
       | allowed under our Supplemental Terms for a specific Service. If
       | we determine you have breached this Section 2.8, we may
       | immediately suspend or restrict your use of the Services, or
       | limit End User access to certain of your resources through the
       | Services.
       | 
       | The new section [1]:                 Cloudflare's content
       | delivery network (the "CDN") Service can be used to cache and
       | serve web pages and websites. Unless you are an Enterprise
       | customer, Cloudflare offers specific Paid Services (e.g., the
       | Developer Platform, Images, and Stream) that you must use in
       | order to serve video and other large files via the CDN.
       | Cloudflare reserves the right to disable or limit your access to
       | or use of the CDN, or to limit your End Users' access to certain
       | of your resources through the CDN, if you use or are suspected of
       | using the CDN without such Paid services to serve video or a
       | disproportionate percentage of pictures, audio files, or other
       | large files. We will use reasonable efforts to provide you with
       | notice of such action.
       | 
       | [0]
       | https://blog.cloudflare.com/content/images/2023/05/image6-7....
       | 
       | [1] https://www.cloudflare.com/service-specific-terms-
       | applicatio...
        
       | tmikaeld wrote:
       | What applies if we have a worker that proxies an s3 file, even if
       | it's a video/image/audio file?
       | 
       | And what's defined as a "CDN", does this include the Cache
       | feature?
        
         | pier25 wrote:
         | Yeah or any other service from the Bandwidth Alliance such as
         | B2, etc.
        
         | judiisis wrote:
         | I want to know the same for eg using cdn or cloudflare workers
         | to proxy images and videos from s3 , Google drive or other
         | services
        
         | Dylan16807 wrote:
         | "Cloudflare Cache" is the same thing as "Cloudflare CDN"
         | 
         | Nothing else is CDN. Workers can do any file types.
        
         | throitallaway wrote:
         | In our case, "CDN" is basically all traffic. The majority of
         | our (enterprise agreement) Cloudflare usage falls under "CDN",
         | even though 90%+ of our usage is non-cacheable API requests.
        
           | Wallacy wrote:
           | Maybe before, but now no cacheable content should be part of
           | the basic SLA i think.
           | 
           | But they still need to clarify that. Maybe that is just a
           | bandwidth constrained by plan not by type.
        
       | bashy wrote:
       | I believe the customer mentioned in the article could also be
       | related to Rasmus[0] as this discussion had the CTO of Cloudflare
       | replying https://github.com/rsms/inter/discussions/549
       | 
       | [0] https://rsms.me/
        
         | donmcronald wrote:
         | They emailed him, but I have the same problem. I get so much
         | email that's not _really_ important that none of it gets looked
         | at.
         | 
         | I think it would be nice if there were a way to configure an
         | alternate email address for notifications about things that are
         | _extremely_ important. Things like account throttling,
         | termination of service, terms of use violations, etc. are all
         | abnormal, so it 's hard to build email filters that are going
         | to catch them.
         | 
         | Those are also things that need immediate attention, so it
         | would be a huge improvement if I could have them going to a
         | shared mailbox where multiple people have prominent
         | notifications configured.
         | 
         | Basic filtering only works until "account termination" spam
         | starts bubbling up and frustrating everyone. Direct mail to an
         | unpublished email address would be so much better.
        
       | andrewstuart wrote:
       | Excellent!
       | 
       | Greatly welcome update.
       | 
       | Directly relevant to everything I do on cloud flare.
       | 
       | This was a major pain point.
        
       | develatio wrote:
       | > you must use (paid services) in order to serve video and other
       | large files via the CDN
       | 
       | But what is a "large" file? 10mb? 100mb? Are there any actual
       | specifications that I can read or is this just "use it and hope
       | for the best, till you get a notification from Cloudflare sales
       | team"?
        
         | Wallacy wrote:
         | My POV as customer for 5 years, doing mostly Video and Binary
         | transfers and asked to move to enterprise few times (and still
         | on the Pro plan, never had any interruption):
         | 
         | They will NEVER says specifics bytes or anything like that (any
         | cloud provider that has any abuse prevention clausule will not
         | too)!
         | 
         | If you says that a "large" file is 100mb people will just
         | gamble and split the files in 100mb chunks. Same for any value
         | here. The idea is mostly about pattern recognition (any abuse
         | detection algorithm) and how much do you pay and how much you
         | are costing.
         | 
         | Bandwidth is cheap for CF but they dont want anyone gaming the
         | system, i will upgrade for enterprise at some point mostly
         | because the SLA, but at the time im writing here, i pay $20
         | month for a service traffic that cost (to me) hundreds `per
         | day` on AWS or GCP...
         | 
         | People here talk like they multi million dollar project will be
         | blocked because some user downloads a 10mb file on a free plan.
         | But if you really have a critical product you can get
         | enterprise plans starting at $1500 dollars, hardly more than
         | 3K. The enterprise plan is mostly about the SLA than actually
         | services; Thats not the reality of mostly of the people. The
         | basics plans are very good for almost everyone IMHO.
         | 
         | My rule of thumb of any cloud service / provider: You will for
         | sure get deals that will cost very little to you, that is
         | 10x/20x cheaper, but once you "savings" are on the 100x range
         | you may find someone on the other side trying to make you to
         | pay more. I have a friend that was banned from GCP for that
         | reason (long story).
         | 
         | Another example: Hetzner - You can do a lot with the "free"
         | 20TB bandwidth... But do not think that just because theres a
         | number here theres no "catch" for some "creative flow", we got
         | blocked once, was a mistake and is resolved but anything free
         | has abuse protection rules (sometimes not writen) and will find
         | you.
        
           | minusf wrote:
           | it's really not hard to get a huge CF bill. just turn on the
           | bot detection. i have seen monthly bills that could pay a
           | developer's monthly salary.
        
           | emadda wrote:
           | What services do GCP have that are 100x cheaper?
           | 
           | Generally they seem quite expensive. I use GCP, very reliable
           | though.
        
             | Wallacy wrote:
             | Was computed related, but he find a loop role on his
             | business contract. He was right by the legal team os the
             | service, but they used a another term that make they right
             | to not work with us anyway. His document ID was banned (he
             | cant create accounts with his name/id anymore).
             | 
             | I dont remember the details, but was related to the free
             | limits per account. And if my memory serves, he was in the
             | plan that he can create how many parent accounts he wants
             | for free. That plan does not exists anymore.
        
         | mdasen wrote:
         | My feeling on this would be: they're probably fine shipping the
         | static media assets for my site like the logo, CSS, JS, banner
         | image, etc. Those are trivially cached with long lifetimes. I'm
         | guessing what they don't want is an Imgur-like site where
         | there's a lot of user-generated media content for free.
         | 
         | The new section says:                     Cloudflare's content
         | delivery network (the "CDN") Service can be used to cache and
         | serve web pages and websites. Unless you are an Enterprise
         | customer, Cloudflare offers specific Paid Services (e.g., the
         | Developer Platform, Images, and Stream) that you must use in
         | order to serve video and other large files via the CDN.
         | Cloudflare reserves the right to disable or limit your access
         | to or use of the CDN, or to limit your End Users' access to
         | certain of your resources through the CDN, if you use or are
         | suspected of using the CDN without such Paid services to serve
         | video or a disproportionate percentage of pictures, audio
         | files, or other large files. We will use reasonable efforts to
         | provide you with notice of such action.
         | 
         | To me, that's reasonably clear. If you're a blog that's content
         | with some images between the logo and maybe a picture or two in
         | an article, that's probably fine. That seems "proportionate" -
         | in a similar proportion to most sites on the web. If you're
         | Imgur where you're basically just serving media assets to
         | people or if you're trying to make the next TikTok, that's
         | disproportionate - beyond the normal proportion of media assets
         | of most websites. Likewise, you can't run an NPM clone or
         | download server for Linux ISOs off Cloudflare - that would be
         | disproportionate. And if you're uploading podcasts to your
         | website, those large audio files don't get a free ride.
         | 
         | How much exactly is disproportionate? Of course they're going
         | to have to leave that a tiny bit vague so that people don't
         | game the system. To me, it feels reasonably clear. If you're
         | building an average site, don't worry about traffic to it. Your
         | regular old blog is fine. If you're building something that
         | leans heavily on serving images, audio, or video, you can't do
         | that. Your podcasts should go into R2, your video should go
         | into Cloudflare Stream, etc. or not be served via Cloudflare's
         | CDN.
        
         | [deleted]
        
         | yamtaddle wrote:
         | AFAI am aware, "use it and hope for the best" is kinda the way
         | CloudFlare usage in all the "self-serve" tiers has always
         | worked. You have service until you make them unhappy for any of
         | a variety of reasons, at which point you'll be prodded to start
         | paying [EDIT: or paying _more_ ].
         | 
         | They're not _actually_ giving away service that others charge
         | thousands of dollars a month for, for free. If they were, most
         | of those others would be out of business. Their free and self-
         | serve tiers are nice and can even be good deals (you really get
         | a lot out of that top-tier self-serve plan, for the money--
         | watch out, some of the lower ones didn 't have any SLA at all,
         | last I checked) but if you're pushing serious bits, you're
         | gonna end up pushed to a thousands-a-month enterprise plan.
         | 
         | TL;DR unless you've got an enterprise plan with them, yeah,
         | "use it and hope for the best, 'till you get a notification
         | from CloudFlare" is pretty much how their plans work.
        
           | hombre_fatal wrote:
           | > They're not actually giving away service that others charge
           | thousands of dollars a month for, for free. If they were,
           | most of those others would be out of business.
           | 
           | Well, It's just that at a certain scale and business
           | seriousness you will pay to guarantee certain levels of
           | service which is why CF isn't putting everything out of
           | business. But CF's "unguaranteed tier" is still high tier
           | services for free.
        
             | yamtaddle wrote:
             | It's not just "guarantee levels of service", it's
             | permission to sling lots of bits (and of any "type" you
             | like) without being deliberately cut off. It's not like
             | you're just paying for more 9s at other CDNs (or at
             | CloudFlare).
             | 
             | Yes, the free tier is in fact pretty amazing if you have
             | mid-traffic-or-lower site and are mostly serving HTML pages
             | and basic images, js, and css for those pages, _and_ the
             | stakes for availability are pretty low. Which describes
             | quite a bit of the Web.
        
           | seanw444 wrote:
           | Well that's both cool and unsettling.
        
           | password4321 wrote:
           | Fly under the radar as long as you can; if you hear from
           | Cloudflare (even sales), you're in trouble.
           | 
           | https://news.ycombinator.com/item?id=34639212#34639763
        
             | berkle4455 wrote:
             | Cloudflare is Yelp 2.0
        
           | mdasen wrote:
           | > They're not actually giving away service that others charge
           | thousands of dollars a month for, for free
           | 
           | Sure, I'm fine with that. The problem is that I don't know
           | how much it'll cost if I fall out of their free tier.
           | 
           | If I go with Bunny.net, I can get bandwidth for $0.005/GB (on
           | their volume tier with 10 PoPs) or $0.01/GB (on their
           | standard tier with 114 PoPs). $1,000 will buy me 200TB of
           | bandwidth on their volume tier. If I'm using 200TB on
           | Cloudflare, what is that going to cost me? $500? $10,000?
           | Fastly's list price is $0.12/GB for the first 10TB + $0.08/GB
           | after that so their price would be $16,400. And I'm sure that
           | at 200TB/mo, I wouldn't be paying Fastly's list price, but at
           | least I have an upper bound on the pricing. With Cloudflare,
           | I really don't know.
           | 
           | > "use it and hope for the best, 'till you get a notification
           | from CloudFlare"
           | 
           | I'd be fine with this if there were a 30-day migration window
           | that I'd get (or something like that). The problem is that
           | there have been a few stories of Cloudflare moving very
           | quickly against a customer's usage.
        
             | yamtaddle wrote:
             | Cloudflare's enterprise pricing is, irritatingly, of the
             | "contact us" variety (FYI typically starts around $5k, last
             | I checked, and at least for us they weren't interested in
             | reducing that by cutting all the shit we didn't need, such
             | that they were effectively _really_ expensive on a per-TB
             | basis) but, to be fair, if you 're doing any kind of real
             | volume you're going to want to contact sales at those other
             | places, too. Odds are sticker price is just an anchor for
             | negotiations anyway.
             | 
             | [EDIT] However, you're right that the lack of even limited
             | pricing transparency makes relying on CloudFlare at lower
             | levels _risky_ because it 's hard to know what kind of
             | expenses you might, later, be exposed to.
        
             | nathants wrote:
             | i serve video via r2 and workers to share with friends.
             | presumably this is fine.
             | 
             | i'm building something more serious which will also serve
             | video, and will go with bunny for this reason.
             | 
             | negotiation is fine, but should be optional. which tiny
             | startup wants to negotiate with every vendor?
        
               | Wallacy wrote:
               | I have few PB traffic of videos served from R2... that's
               | fine. They just don't want to compete with they own
               | solution.
        
       | Havoc wrote:
       | Not all that recent - I recall seeing a reddit (?) post a while
       | back asking where section 2.8 disappeared to
        
       | jorams wrote:
       | > removed an old restriction on benchmarking-we're confident in
       | the performance of our network and services, unlike some of our
       | competitors.
       | 
       | Lots of your competitors never had such a clause. It's good that
       | you're joining them, but this swipe at unnamed competitors, in
       | the announcement that you have finally left that group, feels a
       | bit misplaced.
        
         | JohnFen wrote:
         | It's a classic and very sleazy marketing trick. "Our oatmeal is
         | neurotoxin-free"
        
         | CharlesW wrote:
         | > _Lots of your competitors never had such a clause._
         | 
         | AWS, GCP, and Azure did, and AWS and Azure continue to.
        
           | [deleted]
        
           | nathants wrote:
           | does the cockroachdb cloud report not periodically benchmark
           | all these networks?
        
           | Dylan16807 wrote:
           | Yeah, given that I think a swipe at "some of" their
           | competitors is reasonable. Those are big names.
        
         | robertlagrant wrote:
         | I don't know. "misplaced" is pretty vague. You could say that
         | naming and shaming competitors is misplaced as well.
        
       | IceWreck wrote:
       | I knew a guy who served tens of terabytes of uncached content per
       | month using Cloudflare's free plan. Cloudflare reps tried to call
       | him for meetings "to discuss his usage and satisfaction with
       | cloudflare" multiple times and he avoided them for years. He
       | stopped for other reasons but afaik they never banned him.
       | 
       | I expect these rules are a formality to ban users like him.
        
         | yamtaddle wrote:
         | That very likely already fell afoul of their long-standing
         | content rules--I doubt it was tens of TB a month of "webpage
         | content". Usually takes mass-scale image hosting, video
         | hosting, binary file hosting, et c., to hit those kinds of
         | numbers, and that was already not allowed.
        
         | judge2020 wrote:
         | tens of TB a month is not that bad in all respects. They
         | already did this for super egregious customers, see this user
         | that pushed 10TB/day through the network and was officially
         | asked to upgrade to the $200/mo business plan:
         | https://community.cloudflare.com/t/the-way-you-handle-bandwi...
         | 
         | I also know some users who do >5tb/day of images and get away
         | with sitting on the legacy "pro for all your domains" $20/mo
         | plan. The abuse team is definitely very sympathetic to
         | customers, and I imagine limits are raised if a site is
         | particularly advantageous to have for other abuse protection
         | purposes (like aiding in gathering network intelligence by
         | having tons of unique users).
        
           | donmcronald wrote:
           | > legacy "pro for all your domains" $20/mo plan
           | 
           | Ive always wondered why it's per site. I wonder what the
           | logic was for making it per site if a paid plan used to cover
           | all domains.
        
             | judge2020 wrote:
             | Having done community support in the Cloudflare Community /
             | Forum, there are a lot of consulting/hosting firms that
             | provide "all in one" domain management, and that typically
             | involves putting all of your customers on one Cloudflare
             | account, with many users revealing thousands upon thousands
             | of websites managed under their account.
        
               | donmcronald wrote:
               | I wonder if a better partner program would help with that
               | kind of thing. The blog post for their self server
               | partner program [1] looked really awesome in terms of
               | customers owning their accounts. Pushing people towards
               | solutions like that are better, especially if the
               | customer can also have a direct billing relationship with
               | Cloudflare.
               | 
               | However, I won't trust it.. The blog post started with:
               | 
               | > We've heard from many of you that you enjoy working
               | with Cloudflare, but cannot support some minimums for our
               | Enterprise partner programs. This program is built to
               | help you get started, with _no upfront commitments_ for
               | qualified partners.
               | 
               | And the enrollment page [2] says:
               | 
               | > Unlike our Enterprise program, our agency path requires
               | _no upfront commitments_ and includes volume discounts on
               | all self-serve customer spend.
               | 
               | But the enrollment page FAQ says:
               | 
               | > There is no fee during the open beta. As we move to
               | early and general access in 2023, there will be
               | $1000/year annual program fee required for platform
               | access and onboarding.
               | 
               | How is a required "annual fee" not an "upfront
               | commitment"?
               | 
               | I've always been bullish on Cloudflare because I thought
               | they saw value in serving under-served markets. However,
               | every year they seem to trend towards the attitude every
               | other tech company has lately. They only care about big,
               | rich customers.
               | 
               | I tell a lot of people to move their DNS to Cloudflare
               | since it's reliable and opens the door to other services
               | that can be useful, but I'm not paying $1k / year to
               | onboard potential customers for them.
               | 
               | 1. https://blog.cloudflare.com/self-serve-partners-beta/
               | 
               | 2. https://www.cloudflare.com/en-ca/cloudflare-partners-
               | self-se...
        
       | vrglvrglvrgl wrote:
       | [dead]
        
       | supriyo-biswas wrote:
       | TL;DR: The section 2.8 they talk about removing is still in
       | effect[1], unless you use their other services such as R2 or
       | Pages.
       | 
       | > Cloudflare's content delivery network (the "CDN") Service can
       | be used to cache and serve web pages and websites. Unless you are
       | an Enterprise customer, Cloudflare offers specific Paid Services
       | (e.g., the Developer Platform, Images, and Stream) that you must
       | use in order to serve video and other large files via the CDN.
       | Cloudflare reserves the right to disable or limit your access to
       | or use of the CDN, or to limit your End Users' access to certain
       | of your resources through the CDN, if you use or are suspected of
       | using the CDN without such Paid services to serve video or a
       | disproportionate percentage of pictures, audio files, or other
       | large files.
       | 
       | [1] https://www.cloudflare.com/service-specific-terms-
       | applicatio...
        
         | ranger_danger wrote:
         | > suspected of
         | 
         | yea that's a hard no for me, fam. also what if the files are
         | encrypted and in small chunks, regardless of the final size?
        
           | Strom wrote:
           | Whenever you're confused about a vague term, just think -
           | does my usage cost the service provider more than they earn
           | from me? That will be your answer.
           | 
           | It's not really about the specifics of what the bytes
           | represent, it's whether the transportation and processing of
           | those bytes makes Cloudflare money. Either now, or a
           | likelyhood of future earnings.
        
           | Dylan16807 wrote:
           | I'm not sure what you mean by "regardless of the final size",
           | because the final size is going to be one of the most
           | important factors.
           | 
           | A constant stream of small encrypted files doesn't sound like
           | a plain old web page, though. (Unless they're extremely small
           | bits of live data.)
        
       | pier25 wrote:
       | > _We want to be clear that this restriction only applies to use
       | of our CDN._
       | 
       | What about Workers using the cache? Isn't this using the CDN too?
        
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