Why do we have a Fair Usage Policy?
Marketbase+ product offers a multi-tenancy service. This means that Marketbase+ is used concurrently by a number of subscribers. If a single customer places very high demand on the service then it is possible that it will affect the experience of other users. The objective of our Fair Usage Policy is to manage inappropriate use and make sure Marketbase+ is used fairly by everyone.
Marketbase+ Fair Usage Policy
Customer’s usage of Marketbase+ is monitored on a continuous basis to ensure fair use. Where a customer generates an exceptionally high usage over a short period of time, Marketbase+ reserves the right to restrict the volume of transactions to be processed in our service on behalf of that customer in order to protect Marketbase+’s platform and other customer’s usage. This applies to all subscription levels within the Marketbase+ platform.
We consider fair usage to include:
- For Fast Start and Accelerate Marketbase+ subscriptions, the fair usage limit is 500 credits per day per user. This equates to over 60 searches per user per hour, based on an eight-hour day.
- For Enterprise, tailored subscription annual license, the fair usage limit is 1,000,000 credit per annum. This equates to over 2,700 credit per day based on a daily average.
Extenuating Circumstances
Marketbase+ understand that customers will occasionally have very high volumes of work activity outside of normal usage patterns. In those cases where increased usage can be predicated by the customer, Marketbase+ requests to be informed with as much notice as possible to ensure that service delivery remains consistently high. Please contact your account manager in the first instance.
- This Marketbase+ Fair Use Policy (“FUP”) applies to the use of Marketbase Platform and any product, service, and/ or website provided by Marketbase+, whether it is provided directly or indirectly through another party to Customer. This FUP protects the interests of all of Marketbase+ Customers and their End-Users, as well as Marketbase+’s goodwill and reputation. By using Marketbase+ Platform and Services, Customer agrees to comply with the provisions of this FUP.
- Unless the context indicates otherwise or defined in this FUP, any terms herein shall have the meaning ascribed to them in the Order Form, Master Services Agreement or Terms of Service executed between Customer and Marketbase+, as applicable.
- This FUP may be amended from time to time by Marketbase+.
- Customer shall use Marketbase+ platform in a responsible and professional manner consistent with the intended and permissible uses and consistent with standard industry practice.
- Customer agrees not to:
- process such a number of searches or visit such a number of business contacts as to exceed reasonable fair use limitations. The concept of ‘fair use’ includes, but not be limited to, manual use of Marketbase+ by individual and authorised End-Users and not by any automated or electronic tools. Should Marketbase+ determine that customer has run queries more than what reasonably can be undertaken manually by the number of individual End-Users, it shall be conclusively presumed that automated or electronic tools were used in violation of this FUP. In such an instance, in addition to any other damages to which it may be entitled under law, Marketbase+ shall have a right, and at its sole election, to suspend or impose limitations on the Services (as set out in the Marketbase+ terms of business), and/or to receive compensation for the excess queries at its then-current standard retail license fee for a single business contact per query;
- use Marketbase+ in any way that causes, could be reasonably expected to cause, or is intended to cause damage to the platform or impairment of the availability or accessibility of the Platform;
- or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the services;
- use the platform to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; republish material from the services (including republication on another website); develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the services or otherwise copy any data;
- violate the security of the service including: log in to a server or account that Customer is not authorised to access, or assist others to do so;
- permit any person other than the End-User to use the password assigned to that End-User or otherwise access the service; attempt to test, scan, probe or hack the vulnerability of the service or any network used by the service or to breach security, encryption, or other authentication measures; override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of the Services or platform;
- attempt to interfere with the service by overloading, flooding, pinging, mail bombing or crashing it; use or attempt to use any engine, software, tool, agent or other device, method, or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search any portion of the services; or
- reverse engineer, decompile or disassemble any portion of the Service.
- process such a number of searches or visit such a number of business contacts as to exceed reasonable fair use limitations. The concept of ‘fair use’ includes, but not be limited to, manual use of Marketbase+ by individual and authorised End-Users and not by any automated or electronic tools. Should Marketbase+ determine that customer has run queries more than what reasonably can be undertaken manually by the number of individual End-Users, it shall be conclusively presumed that automated or electronic tools were used in violation of this FUP. In such an instance, in addition to any other damages to which it may be entitled under law, Marketbase+ shall have a right, and at its sole election, to suspend or impose limitations on the Services (as set out in the Marketbase+ terms of business), and/or to receive compensation for the excess queries at its then-current standard retail license fee for a single business contact per query;
- Customer will not use the data or platform for commercial purposes not permitted under the Agreement or this FUP and shall not designate any person as an authorised End-User if Customer has reason to believe such person is likely to use the services on behalf of a third party or otherwise in violation of the Agreement or this FUP.
- Marketbase+ reserves the rights to monitor its customers’ usage of the platform to ensure compliance with the terms of the agreement and this FUP and to suspend, revoke, deny, disable, or terminate Customer’s access if Customer violates any provisions of this FUP or if Customer’s behavior exceeds reasonable limits, as determined in Marketbase+ sole discretion, e.g.: Marketbase+ may restrict the number of business contact views per End-User or account in a certain period of time (per day/ week/ month etc.).
- Marketbase+ may use technological means to place reasonable use limits to prohibit excessive use, including excessive downloads or screen views that indicate a violation of this FUP. In the event of such limitation, customer may request that the limit be removed, and Marketbase+ may remove or modify a particular limitation if it determines in its sole and absolute discretion that the proposed use by Customer is in good faith and otherwise consistent with this FUP.
- “Unlimited Credits” means the use of Credits to manually select and reveal Business Contacts one-by-one (“Manual Select and Reveal”) or select and reveal contacts in the DMU (Decision Making Unit) at one time. These actions may be performed an unlimited amount of times. Use of Unlimited Credits is subject to the applicable Fair Use Limitations denoted in this policy.
- Excessive use of Unlimited Credits by an End User as stipulated in the FUP, will flag the End User for compliance review to ensure violation of the FUP does not occur.