Common use of Excessive Consumption Clause in Contracts

Excessive Consumption. If HB&A determines that Customer’s aggregate activity on the Service imposes an unreasonable load on bandwidth or infrastructure, HB&A may impose controls to keep the usage below excessive levels. For Inline Service, defined as the processing or effecting data in transit to and from the end-user to the internet, the expected average weekly usage is 6 kilobits per second per user. Upon receiving Service notification (e.g., email) of excessive (vs. expected) usage, Customer agrees to immediately work on a usage reduction plan, or to work with its Authorized Reseller to enter into a separate fee agreement for the remainder of the Service Term. If the parties are not able to establish a resolution within ten days after the initial Service notification, then HB&A may institute controls on the Service or terminate the Service and this Agreement, without liability

Appears in 2 contracts

Sources: Cloud Services Agreement, Cloud Services Agreement