Common use of Fair Usage Clause in Contracts

Fair Usage. 12.1. The Service is provided for Customer’s consistent, fairand reasonable use. 12.2. Usage of the Service shall deemed inconsistent, unfair and/or unreasonable use in the following events: (i) Customer’s total Data Traffic usage in any 5 minute period exceeds 500% of the monthly Committed Data Traffic divided by 8,712; or (ii) Customer’s average Bandwidth usage for any 5 minute period exceeds 500% of the monthly Committed Bandwidth. 12.3. Usage of the Service shall deemed inconsistent, unfair and/or unreasonable use in the event the CDN Traffic is not following the natural ASN distribution of the audience of Customer content but is artificially concentrated in one or several specific ASN(s) or regions. 12.4. In the event LeaseWeb, in its sole discretion, determines that the Customer is not using the Service according to this Fair Use Policy, LeaseWeb will, without any prior notice, be entitled to immediately impose limits on the speed of the data the Customer may transmit and/or receive through the Service. 12.5. Should the total size of Popular Hot Content be repeatedly over 20TB, then the highest volume in excess of said 20TB threshold shall be charged EUR 2 /GB per month additionally, unless payment of Service Charges in another currency is agreed between Parties, in which case the excess charge shall be payable in that other currency and the amount of that excess charge shall be the equivalent in that currency of 2 EUR/GB per month. 12.6. If in any calendar month, the Hit Factor exceeds 1000, LeaseWeb shall be entitled to charge Customer an addition Service Charge of EUR 0.25 per 1 million Hits that have occurred in the respective month, unless payment of Service Charges in another currency is agreed between Parties, in which case the excess charge shall be payable in that other currency and the amount of that excess charge shall be the equivalent in that currency of EUR 0.25. 12.7. Should Customer’s Traffic pattern result in an ASN Destination Percentage for a certain ASN number higher than the percentages below (the “ASN Threshold”), then the Traffic in excess of the ASN Threshold shall be charged at $1,00 / Mbps on top of the normal rate (or the equivalence thereof if parties agreed on Services Charges in another currency). AS701 (Verizon) US 3% 7922 (Comcast) US 7%, 20115 (Charter) US 2% 28573 (Brasil) US 4% 7018 (AT&T) US 3% AS9121 (Turktelecom) EU 2% AS3320 (DTAG) EU 2% AS5089 (Virgin) EU 2% AS3352 (Telefonica) EU 2% AS3215 (FT) EU 2% AS4134 (China Telecom) AP 1% AS4837 (China Unicom) AP 1% 13. INFRASTRUCTURE CONFIGURATION 13.1. Customer is advised to back-up (critical) data and system configurations on a regular basis and store such data in a safe place 13.2. Customer shall ensure that all data distributed through the Service shall be free of Viruses. LeaseWeb may, without giving any notice and without incurring any liability vis-à-vis Customer, (temporarily) suspend or (temporarily) disconnect from the Network, any Service found to be infected with a Virus. The suspension shall continue until the Virus has been removed and the infection has been cured.

Fair Usage. 12.1. The Service is provided for Customer’s consistent, fairand reasonable use. 12.2. Usage of the Service shall deemed inconsistent, unfair and/or unreasonable use in the following events: (i) Customer’s total Data Traffic usage in any 5 minute period exceeds 500% of the monthly Committed Data Traffic divided by 8,712; or (ii) Customer’s average Bandwidth usage for any 5 minute period exceeds 500% of the monthly Committed Bandwidth. 12.3. Usage of the Service shall deemed inconsistent, unfair and/or unreasonable use in the event the CDN Traffic is not following the natural ASN distribution of the audience of Customer content but is artificially concentrated in one or several specific ASN(s) or regions. 12.4. In the event LeaseWebLeaseweb, in its sole discretion, determines that the Customer is not using the Service according to this Fair Use Policy, LeaseWeb Leaseweb will, without any prior notice, be entitled to immediately impose limits on the speed of the data the Customer may transmit and/or receive through the Service. 12.5. Should the total size of Popular Hot Content be repeatedly over 20TB, then the highest volume in excess of said 20TB threshold shall be charged EUR 2 /GB per month additionally, unless payment of Service Charges in another currency is agreed between Parties, in which case the excess charge shall be payable in that other currency and the amount of that excess charge shall be the equivalent in that currency of 2 EUR/GB per month. 12.6. If in any calendar month, the Hit Factor exceeds 1000, LeaseWeb Leaseweb shall be entitled to charge Customer an addition Service Charge of EUR 0.25 per 1 million Hits that have occurred in the respective month, unless payment of Service Charges in another currency is agreed between Parties, in which case the excess charge shall be payable in that other currency and the amount of that excess charge shall be the equivalent in that currency of EUR 0.25. 12.7. Should Customer’s Traffic pattern result in an ASN Destination Percentage for a certain ASN number higher than the percentages below (the “ASN Threshold”), then the Traffic in excess of the ASN Threshold shall be charged at $1,00 / Mbps on top of the normal rate (or the equivalence thereof if parties agreed on Services Charges in another currency). AS701 (Verizon) US 3% 7922 (Comcast) US 7%, 20115 (Charter) US 2% 28573 (Brasil) US 4% 7018 (AT&T) US 3% AS9121 (Turktelecom) EU 2% AS3320 (DTAG) EU 2% AS5089 (Virgin) EU 2% AS3352 (Telefonica) EU 2% AS3215 (FT) EU 2% AS4134 (China Telecom) AP 1% AS4837 (China Unicom) AP 1% 13. INFRASTRUCTURE CONFIGURATION 13.1. Customer is advised to back-up (critical) data and system configurations on a regular basis and store such data in a safe place 13.2. Customer shall ensure that all data distributed through the Service shall be free of Viruses. LeaseWeb Leaseweb may, without giving any notice and without incurring any liability vis-à-vis Customer, (temporarily) suspend or (temporarily) disconnect from the Network, any Service found to be infected with a Virus. The suspension shall continue until the Virus has been removed and the infection has been cured.cured.‌