Common use of Fair Use Clause in Contracts

Fair Use. a. Data Storage. Company may offer archiving plans that are described as including unlimited or uncapped storage. Company reserves the right to review usage of any “unlimited”/“uncapped” plans to ensure Fair Use and reserves the right to, at any time, take the actions noted in Section 3.4(c) below without notice to You. With regard to data storage, "Fair Use" means that the total amount of aggregated archiving content stored by a particular customer’s account (measured in terms of total GB of storage) does not substantially exceed, in Company’s reasonable judgment, the average total amount of storage of all other customers of the Services, as measured on a per user basis. Company will typically interpret the term “substantially exceed" to mean approximately four (4) times the average customer usage, but Company reserves the right to reasonably apply a different standard based on the relevant facts and circumstances applicable to a particular customer. Usage and associated charges for excess usage will be determined based solely upon Company’s collected usage information. Fair Use also prohibits any activities that result, directly or indirectly, in excessive usage of the Services, including, but not limited to, auto-dialing, continuous or extensive call forwarding, telemarketing, message blasting, transmitting broadcasts or recorded messages, or any activity that disrupts the activities of Company and/or other Company customers. b. Data Exports. Company may offer You the ability to perform self-service exports, at no additional charge, of data stored within Your Account. Company reserves the right to set maximum daily export volumes and/or review export volumes to ensure Fair Use, and Company further reserves the right to, at any time, take the actions noted in Section 3.4(c) below without notice to You. With regard to data exports, "Fair Use" means that the total amount of aggregated archiving content exported by a particular customer’s account (measured in terms of total GB) does not substantially exceed, in Company’s reasonable judgment, the average amount of data exported by all other customers of the Services that are performing self-service data exports, as measured on a per user basis. Company will typically interpret the term “substantially exceed" to mean approximately four (4) times the average customer usage, but Company reserves the right to reasonably apply a different standard based on the relevant facts and circumstances applicable to a particular customer. Usage and associated charges for excess usage will be determined based solely upon Company’s collected usage information. Note that You may also engage Company to perform exports of Your data on Your behalf by signing a separate Order Form and paying the associated service fees. c. If Your usage exceeds the limits for Your Account or otherwise exceeds Fair Use, You agree that Company may immediately, in its sole discretion, (i) charge You for such excess usage via Your automated payment account or by invoice, (ii) if applicable, upgrade You to a plan or increase the limits on Your Account to address this excess usage, and/or (iii) suspend Your Account or terminate Your Account upon notice to You. Upon any upgrade or increase on the limits of Your Account, You will be responsible for the new costs and fees. d. Company may apply and enforce the principles of Fair Use at any time, including without limitation in connection with a significant reduction in the number of users of the Service within Your Account. If the aggregate storage used by the remaining users of the Service within Your Account exceeds Fair Use, Company reserves the right to pursue any of the remedies described in this Section 3.4.

Fair Use. a. Data Storage. Company Intermedia may offer archiving plans that are described as including unlimited or uncapped storage. Company Intermedia reserves the right to review usage of any “unlimited”/“uncapped” plans to ensure Fair Use and reserves the right to, at any time, take the actions noted in Section 3.4(c) below without notice to You. With regard to data storage, "Fair Use" means that the total amount of aggregated archiving content stored by a particular customer’s account (measured in terms of total GB of storage) does not substantially exceed, in CompanyIntermedia’s reasonable judgment, the average total amount of storage of all other customers of the Services, as measured on a per user basis. Company Intermedia will typically interpret the term “substantially exceed" to mean approximately four (4) times the average customer usage, but Company Intermedia reserves the right to reasonably apply a different standard based on the relevant facts and circumstances applicable to a particular customer. Usage and associated charges for excess usage will be determined based solely upon CompanyIntermedia’s collected usage information. Fair Use also prohibits any activities that result, directly or indirectly, in excessive usage of the Services, including, but not limited to, auto-dialing, continuous or extensive call forwarding, telemarketing, message blasting, transmitting broadcasts or recorded messages, or any activity that disrupts the activities of Company Intermedia and/or other Company Intermedia customers. b. Data Exports. Company Intermedia may offer You the ability to perform self-service exports, at no additional charge, of data stored within Your Account. Company Intermedia reserves the right to set maximum daily export volumes and/or review export volumes to ensure Fair Use, and Company Intermedia further reserves the right to, at any time, take the actions noted in Section 3.4(c) below without notice to You. With regard to data exports, "Fair Use" means that the total amount of aggregated archiving content exported by a particular customer’s account (measured in terms of total GB) does not substantially exceed, in CompanyIntermedia’s reasonable judgment, the average amount of data exported by all other customers of the Services that are performing self-service data exports, as measured on a per user basis. Company Intermedia will typically interpret the term “substantially exceed" to mean approximately four (4) times the average customer usage, but Company Intermedia reserves the right to reasonably apply a different standard based on the relevant facts and circumstances applicable to a particular customer. Usage and associated charges for excess usage will be determined based solely upon CompanyIntermedia’s collected usage information. Note that You may also engage Company Intermedia to perform exports of Your data on Your behalf by signing a separate Order Form and paying the associated service fees. c. If Your usage exceeds the limits for Your Account or otherwise exceeds Fair Use, You agree that Company Intermedia may immediately, in its sole discretion, (i) charge You for such excess usage via Your automated payment account or by invoice, (ii) if applicable, upgrade You to a plan or increase the limits on Your Account to address this excess usage, and/or (iii) suspend Your Account or terminate Your Account upon notice to You. Upon any upgrade or increase on the limits of Your Account, You will be responsible for the new costs and fees. d. Company Intermedia may apply and enforce the principles of Fair Use at any time, including without limitation in connection with a significant reduction in the number of users of the Service within Your Account. If the aggregate storage used by the remaining users of the Service within Your Account exceeds Fair Use, Company Intermedia reserves the right to pursue any of the remedies described in this Section 3.4.