Common use of Fair Use Policy Clause in Contracts

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.

Fair Use Policy. 1. Unless specifically agreed otherwise in writing, the 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 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 suspendsuspend the Agreement, to terminate it or to amend the Agreement it in accordance with the actual usage if the limit continues to be exceeded after a FUP-waring warning has been issued three times and the Customer has refused an offer by eLabNext to upgrade its capacitytimes.