Fair Use Policy Clause Samples

Fair Use Policy. 1. Unless specifically agreed otherwise in writing, the use of the Private Cloud Solution is subject to a Fair Use Policy (“FUP”). The FUP implies that eLabNext can restrict the Customer's data traffic and/or the allocated storage and computing capacity, after first issuing a warning, if according to the administrative records of eLabNext, the Customer’s data traffic and/or use of storage and computing capacity qualifies as excessive use, i.e. 100 times above average. eLabNext has the right to suspend, to terminate or to amend the Agreement in accordance with the actual usage if the limit continues to be exceeded after a FUP-waring has been issued three times and the Customer has refused an offer by eLabNext to upgrade its capacity. 2. eLabNext reserves the right to suspend or terminate the Agreement if above-average data traffic generated by the Customer has adverse effects on its other customers and the Customer has refused an offer by eLabNext to upgrade its capacity. 3. The use of the Software generates anonymous usage metadata concerning the way the Software is used. eLabNext may use this metadata to improve its Services. 4. Storage and computing capacity are kept to the limits defined in the contract with the selected infrastructure provider for the Private Cloud Solution. eLabNext cannot be held liable for problems with the use of the Private Cloud Solution that can be attributed or are related to insufficient storage and computing capacity. If it is established that there is insufficient storage and computing capacity or if problems arise in this regard, eLabNext will recommend upgrading the capacity. If the upgrade advice is not followed, eLabNext will have the right to suspend the Services or to terminate the Agreement.

Fair Use Policy. 6.1. Our Services may be subject to Our Fair Use Policy which as available on Our Website. 6.2. If Your usage is excessive and/or unreasonable We may advise You that Your usage is in breach of Our Fair Use Policy. We may then request You to stop or alter Your usage to come within Our Fair Use Policy. If Your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, We will reserve the right to either apply charges to Your Account for the excessive and/or unreasonable element of Your usage subject to the related tariffs and charges stated on Our website or suspend or restrict Your use of the Services. If we apply such charges, we will make them available to You when you apply to Our services. 6.3. We may retire and end a Service and/or a Part of the Service (with a Commitment Period) that may have a negative impact on the Network and/or any other valid reason. If We decide to retire the Service, We will provide You an Advance Written Notice and You will not have to pay any Termination Fees subject to clause 19.2, unless We receive Your express acceptance to move You to a similar Service Plan or to the closest one to Your Service Plan. Your acceptance of the new selected Service Plan might be provided by You to Us via a Digital Channel or opt in SMS or a recorded call. 6.4. We may retire and end a Service (without a Commitment Period) that include volume based discounts, and We will move You to the closest Service (without a Commitment Period) subject to a prior notification to You. If the new Service which You have been moved to leads to higher Charges, You will reserve the right to opt out from this new Service and You will be charged for the same Service based on the pay as you go rate(s). Your opt out decision might be provided by You to Us via a Digital Chanel, email or SMS or a recorded call.

Fair Use Policy. We may apply a Fair Usage Policy that allows us to limit or terminate your access to any or all of the support services if your use of the support services is determined by us, in our sole and reasonable discretion, to be excessive.

Fair Use Policy. 6.1) By accepting the terms of this Contract, you agree to be bound by our Fair Use Policy described in this clause 8, including agreeing not to exceed the Data Cap of each Connected Product. VisionTrack’s Fair Use Policy is designed to make sure that the Subscription Service and underlying Data Services are high quality, reliable and provide great value. 6.2) We have a Fair Use Policy because: • at peak times, many customers use the shared network bandwidth of our Subscription Service.; and • customers should advise us of the Territories in which they plan to use their Fleet for the majority of the time, so that their Subscription Fees fairly reflect their intended usage. • some of our Connected Products have the ability to stream real time live footage from a Connected Camera (“Live Stream”). Live Streaming uses a high amount of data and should only be used where necessary, so as to avoid you exceeding the Data Cap. 6.3) Unless you have purchased a Data Tariff with a different data cap, each Data Contract has a default data cap as follows: • Dashcam = 250MB per calendar month; • Dashcam-AI = 1GB per calendar month; • DVR = 1Gb per calendar month; (the “Data Cap”). 6.4) Only a very small number of our customers use the Subscription Services inappropriately. As a result of this excessive use, the quality of the Subscription Service for all users may be affected, or the cost of Subscription Fees may need to be increased due to increased Data Costs. The Fair Use Policy manages inappropriate and/or excessive use and makes sure the Subscription Service can be used by everyone. 6.5) If you exceed the Data Cap on any individual Connected Product, then we reserve the right to: • suspend the Live Subscriptions of the Connected Products that have exceeded the Data Cap; or • restrict the data transfer speed of the Connected Products that have exceeded the Data Cap or • unilaterally terminate this Contract by providing written notice to you; or • amend, increase, or restrict the Territory for your Fleet or specific Vehicles; or • to charge you an overage fee for your data usage in excess of the Data Cap, either inside or outside of the Territory, in addition to your Subscription Fees. 6.6) Unless you have purchased the video auto-download option for all Products will have video auto-download feature disabled.

Fair Use Policy. 14.1 By accepting our General WEBFLEET Terms and Conditions, you agree to be bound by the Fair Use Policy below. TomTom’s Fair Use Policy is designed to make sure that the WEBFLEET Service is of great value, high quality and reliable whenever your company uses them. 14.2 TomTom has a Fair Use Policy because at peak times, many TomTom Customers use the shared network bandwidth of our WEBFLEET Services. The Fair Use Policy is the following. The vast majority of TomTom Customers use the WEBFLEET Services considerately and their usage levels do not disproportionately affect the shared network capacity. Only a very small number of our Customers use the WEBFLEET Services inappropriately, for example units that are consuming a large amount of data due to automated systems that generate large messaging traffic through via WEBFLEET.connect. As a result of this excessive use the quality of the WEBFLEET Services for all users may be affected. Our Fair Use Policy manages inappropriate and/or excessive use and makes sure the WEBFLEET Services can be used by everyone. 14.3 TomTom’s Fair Use policy works in the following way. If your company regularly uses the WEBFLEET Services inappropriately and/or excessively and we believe this is affecting the WEB- FLEET Services, we will notify your company about this usage and will ask your company to change or decrease this kind of usage. If your company continues to use the WEBFLEET Services inappropriately TomTom reserves the right to suspend (a part of) the WEBFLEET Services or end your agreement with us, with prior notice. 14.4 TomTom’s Fair Use Policy applies to all our Customers but will only affect your company if your company is one of the very few Customers who make inappropriate or excessive use of our WEBFLEET Services. 2/2

Fair Use Policy. 1. The use of the Cloud Solution is subject to a Fair Use Policy (“FUP”). The FUP implies that eLabNext can restrict the Customer's data traffic and/or the allocated storage and computing capacity, after first issuing a warning, if, according to the administrative records of eLabNext, the Customer’s data traffic and/or use of storage and computing capacity qualifies as excessive use, i.e. 100 times above average. eLabNext has the right to suspend the Agreement, to terminate it or to amend it in accordance with the actual usage if the limit continues to be exceeded after a FUP-warning has been issued three times. 2. eLabNext reserves the right to suspend or terminate the Agreement if above-average data traffic generated by the Customer has adverse effects on its other customers.

Fair Use Policy. You may “Roam Like at Home” using your data, calls and SMS bundles applicable to other local networks whilst roaming in the European Union and Norway, Iceland and Liechtenstein (‘EU’). The Roam Like at Home benefits are exclusively available to customers who have normal residence or stable links in Malta and travel periodically in accordance with this clause 13.2. In line with the EU Roaming Regulations we are implementing this Fair Use Policy in order to prevent abusive or anomalous usage unrelated to such periodic travel. For the avoidance of doubt the Fair Use Policy of this clause 13.2. does not apply to local only tariff plans.

Fair Use Policy. The Customer acknowledges that he/she has been made aware in advance of the fact that e-LUX Mobile applies fair use policy rules drawn up and/or updated by the competent authorities (including the European Commission by virtue of Regulation (EU) 531/2012 on roaming on public mobile communications networks within the Union, as amended) for use of the Mobile Service while roaming and will ▇▇▇▇ communications that exceed these rules up to the maximum limit authorised by these rules.

Fair Use Policy. ▇▇▇▇▇ ▇▇▇▇▇▇ has a fair use policy in relation to accessing and using the Platform. For the purpose of this fair use policy, Client may not vary from the average in a disproportionate manner, having regard to the amount of CPU power, data storage and data traffic used by Client. In such an event, ▇▇▇▇▇ Blocks is entitled to temporarily limit or restrict access to the Platform and/or require Client to purchase additional services, such as extra storage capacity.