Common use of Fair Use Policy Clause in Contracts

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. 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. 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.