Common use of Abusive Practices Clause in Contracts

Abusive Practices. Buyer cannot use using auto-dialing, predictive dialers, Internet dial access applications, call back operator, call transfer release or call forwarding switching applications, VoIP local call terminations or any other extraordinary business applications with any unlimited usage plan. Seller reserves the right to terminate this Agreement upon thirty (30) days notice in the event that Seller determines, in its sole discretion, that Buyer is using a predictive dialer or other auto-dialing application, employing the service for outbound telesales applications or is otherwise abusing Seller's local or long distance calling plans, unless Buyer has specifically purchased a Seller product designated for predictive dialer/call center applications. If ten percent (10%) or more of Seller's completed calls are equal to or less than six (6) seconds in length ("Short Duration Calls") during any calendar month, Seller reserves the right to charge and Buyer shall pay a surcharge of $0.01 per Short Duration Call, which surcharge shall be in addition to the rates and charges for the Services and all other applicable surcharges and taxes. If more than forty percent (40%) of Buyer's total call attempts are uncompleted during any given month, per trunk group and DSO circuit, Seller reserves the right to disconnect the affected circuit or to charge Buyer $10 per DSO per month per trunk group. If applicable, the same metrics will be applied on a session (or DSO equivalent) basis for SIP based termination Services.