Common use of Fair Use Clause in Contracts

Fair Use. You acknowledge that the Services depend on finite resources shared amongst many customers. You agree not to use the Services excessively or unreasonably. Our Service Plans (found either at xxxxx://xxx.xxxxx/pricing/ or as set out in Your Proposal) may or may not specify usage limitations as outlined in 6.3. The omission of any such limit does not imply a literally unlimited consumption allowance, even if the term “unlimited” is used by Us or others in describing any aspect of the Service Plans. Excessive consumption of the Services may be identified with reference to significant variations from the average consumption by comparable customers. If You are found to be consuming the Services excessively, We will contact You and work with you to remedy the situation. We may make recommendations regarding, for example, system design and configuration, user training, your internal support procedures. However, if heavy usage is expected to continue, we reserve the right to upgrade You to a more suitable Service Plan. You agree to make good faith efforts to remedy excessive consumption. If You have any doubt regarding your usage, please do not hesitate to contact Us.

Appears in 6 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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Fair Use. You acknowledge that the Services depend on finite resources shared amongst many customers. You agree not to use the Services excessively or unreasonably. Our Service Plans (found either at xxxxx://xxx.xxxxx/pricing/ or as set out in Your Proposal) may or may not specify usage limitations as outlined in 6.3. The omission of any such limit does not imply a literally unlimited consumption allowance, even if the term “unlimited” is used unlimitedg ”any aispsect ouf tsheed by Us or others in describing any aspect of the Service Plans. Excessive consumption of the Services may be identified with reference to significant variations from the average consumption by comparable customers. If You are found to be consuming the Services excessively, We will contact You and work with you to remedy the situation. We may make recommendations regarding, for example, system design and configuration, user training, your internal support procedures. However, if heavy usage is expected to continue, we reserve the right to upgrade You to a more suitable Service Plan. You agree to make good faith efforts to remedy excessive consumption. If You have any doubt regarding your usage, please do not hesitate to contact Us.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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