SERVICE LIMITS TERMS AND OVER-SUBSCRIBED SITUATIONS
1. The inbound volume of Your Data is averaged and assessed every 1 hour.
2. Sustained one-hour periods of inbound data traffic in excess of the Subscribed Volume as set forth on Your Order is deemed a “burst”.
3. Bursts that are less than 20% above Your Subscribed Volume are considered normal bursts.
(a) More than ten normal burst periods over a seven-day period is deemed an “Over-Subscribed Situation.”
(b) You will be notified of the Over-Subscribed Situation and given 30 days to cure by either:
(i) Reducing Your inbound data volume; or
(ii) Purchasing more capacity
(c) LiveAction reserves the right to suspend inbound flows of Your Data after 30 days if the Over-Subscribed Situation is not remedied during such notice period. LiveAction shall have no liability for any data flows that You initiate but which are not received by LiveAction in connection with an Over-Subscribed Situation or Your suspension.
4. Bursts that are more than 20% above Your Subscribed Volume are “extreme bursts”.
(a) Any extreme burst will be deemed an Over-Subscribed Situation.
(b) You will be notified of the Over-Subscribed Situation.
(c) LiveAction reserves the right to suspend inbound flows of Your Data immediately upon notice (no cure period). LiveAction shall have no liability for any data flows that You initiate but which are not received by LiveAction in connection with an Over-Subscribed Situation or Your suspension.