Common use of Usage Review Clause in Contracts

Usage Review. Momentum reserves the right to review usage of all its plans to ensure you are not abusing them. You agree to use Momentum Services for normal voice or fax calls and will not employ methods or equipment to take advantage the Services by using the voice or fax services excessively or for means not intended by Momentum. Momentum may terminate Service immediately if it determines, in its sole discretion, you are abusing its plans. We reserve the right to at any time enforce this policy. For subscribers where usage to high cost areas (for example such as calls to rural numbers, Alaska or Hawaii) exceeds 5% of total call traffic, or more than 5% of call volume lasts less than 10 seconds, such usage may be deemed excessive in the sole discretion of Momentum. For such usage, you agree to pay a per minute or per page fee surcharge in excess of established levels at the current Momentum rate. The surcharge is currently $0.03 per minute and/or $0.03 per fax page. This surcharge applies to all plans, including the unlimited plans. Alternatively, in the sole discretion of Momentum, your Service may be immediately terminated. For the purpose of clarity, but in no way limiting the definition of abusive use of Services, auto-dialers, continuous call session connectivity, fax broadcasting, fax blasting, mass calling or any other blasting activities are conclusively presumed to be abusive use of the Services. If Momentum has reasonable suspicion that Customer may be in violation of the foregoing prohibitions, Momentum in its sole discretion may take curative action that may result in the modification, suspension or cancellation of some or all of Customer’s Services.