Fair Use Policy

About the Policy

The Axcient fair use policy is intended to prevent fraud and abuse of the services relative to their intended target use and market. The fair use policy governs cloud storage and data export utilization. If use of the services exceeds the fair use limits, you will be in violation of this fair use policy and will be subject to suspension, overage fees and/or termination, as governed by this policy. Unless otherwise documented in an order form, the following fair use policy applies, and is subject to change without notice.

The policy applies to all Axcient cloud services, including but not limited to Axcient Anchor, Replibit, BRC, Fusion, Backup for Files, 3rd party BDR backup (including ShadowProtect, Veeam and Rapid Recovery), and CloudFinder.

Axcient reserves the right to suspend your account and services if you are in violation of the policy.  If you have been suspended under this policy, an Axcient representative may contact you to mutually agree on a corrective action plan, including but not limited to:

  • Updating retention policies
  • Identifying data to remove from the cloud that is the cause for excessive usage
  • Removing old, duplicate, and/or unnecessary backups
  • Evaluation of any other settings or configurations that may cause data bloat
  • Agreeing on fair overage charges for the excessive usage

Once corrective action is agreed to and fully completed by you on a timetable set forth by Axcient, Axcient will reinstate previously suspended services. In all cases, Axcient reserves the right to terminate the account(s) (and delete the cloud resources utilized by such accounts) with usage exceeding the fair use policy with 90-day notice, if usage is not brought into compliance with this policy during such notice period. Resource utilization must be below fair use limits for a continuous 30 days before a breach of the fair use policy is considered cured.

Fair Use Limits

Cloud Storage

Used Cloud Storage is equal to the aggregate amount of data stored in the Axcient Cloud after compression and deduplication for any and all services you are using, including storage used by all available retention, restore points, historical file or object revisions, search indexes, and other metadata.

Fair Use Cloud Storage is calculated as follows:

  • Each server cloud backup adds 5 TB to Fair Use Cloud Storage
  • Each desktop cloud backup adds 500 GB to Fair Use Cloud Storage
  • Each Anchor SaaS billable seat adds 2 TB to Fair Use Cloud Storage
  • Each CloudFinder billable seat adds 250 GB to Fair Use Cloud Storage
  • For an MSP, Fair Use Cloud Storage is pooled across all resources provisioned for such MSP on a product by product basis

The fair use policy is violated if Used Cloud Storage exceeds Fair Use Cloud Storage

Data Exports

Axcient cloud services are intended for backup, disaster recovery, and collaboration, and are not intended for use as a content distribution network. The fair use policy is violated if the aggregate sum of the amount of data exported and data downloaded from Axcient cloud services in the last 12 months exceeds 500% of the current Used Cloud Storage.

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