Common use of Burstability Clause in Contracts

Burstability. Customer acknowledges that Business service plans are burstable in nature and thus are not designed to maintain maximum burst rate over a sustained period of time. If Customer sustains usage in excess of the following thresholds, this may have a negative impact on additional Unwired customers. As a result, should Unwired notice sustained usage exceeding the below thresholds, Unwired reserves the right to request Customer to limit their average usage, or request that customer upgrade to a higher capacity service plan. Should the network be negatively impacted by sustained usage, Unwired reserves the right to arbitrarily and without notice limit the Customers maximum bandwidth in order to reduce network impact. Thresholds for sustained usage: • 18/4 plan is 1 mbps (128 KB/s) down / 1 mbps (128 KB/s) up • 26/7 plan is 2 mbps (256 KB/s) down / 2 mbps (256 KB/s) up • 34/10 plan is 3 mbps (384 KB/s) down / 3 mbps (384 KB/s) up

Appears in 2 contracts

Samples: Business Subscriber Agreement, Business Subscriber Agreement

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Burstability. Customer acknowledges that Business Consumer service plans are burstable in nature and thus are not designed to maintain maximum burst rate over a sustained period of time. If Customer sustains usage in excess of the following thresholds, this may have a negative impact on additional Unwired customers. As a result, should Unwired notice sustained usage exceeding the below thresholds, Unwired reserves the right to request Customer to limit their average usage, or request that customer upgrade to a higher capacity service plan. Should the network be negatively impacted by sustained usage, Unwired reserves the right to arbitrarily and without notice limit the Customers Customer’s maximum bandwidth in order to reduce network impact. Thresholds for sustained usage: • 18/4 10/3 plan is 1 mbps (128 KB/s) down / 500 kbps (62.5 KB/s) up • 16/6 plan is 2 mbps (256 KB/s) down / 1 mbps (128 KB/s) up • 26/7 plan is 2 mbps (256 KB/s) down / 2 mbps (256 KB/s) up • 34/10 22/9 plan is 3 mbps (384 KB/s) down / 3 1.5 mbps (384 192 KB/s) up

Appears in 2 contracts

Samples: Subscriber Agreement, Subscriber Agreement

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