Consulting Mode, LLC

Acceptable Use / Service Level Agreement / Billing Policy / Privacy Policy

 Acceptable Use Policy (Terms of Service)

Consulting Mode, LLC provides services to clients all around the world. Consulting Mode has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.
Content:
All services provided by Consulting Mode, LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Consulting Mode, LLC from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links
Consulting Mode, LLC will be the sole arbiter as to what constitutes a violation of this provision.
Unlimited Traffic/Hits & Server Resource Usage:
Consulting Mode, LLC is pleased to offer our clients unlimited traffic/hits, and server usage with some of our plans. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Consulting Mode, LLC may move your site to a different server, to reduce the load on the server you are currently residing. Consulting Mode, LLC will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time Consulting Mode, LLC may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms:
Consulting Mode, LLC does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chat room that runs without hindering the performance of a server for others. You are free to run your own chat script, as long as it does not hinder server performance.
Background Processes/Programs
Consulting Mode, LLC may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.
Cron Jobs:
Consulting Mode does allow Cron Jobs to be conducted on our servers.
IRC:
Consulting Mode currently does not allow IRC or IRC bots to be operated on our servers.
Multiple Connections:
Multiple telnet and ftp sessions are allowed, on a single hosting account.
Idle Timeouts:
Consulting Mode, LLC may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Telnet/SSH - 2 hours
System and network security
Examples of system or network security violations include, without limitation, the following:
·          Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
·          Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
·          Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
·          Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Commercial Advertising - Email:
If you do plan on spamming, do not use our service.  We have zero tolerance spam policy and always enforce it!
Spamming, or the sending of unsolicited email, from a Consulting Mode, LLC server or using an email address that is maintained on a Consulting Mode, LLC machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.  This is not a per session or per month limit – this is per the lifetime of your account.
Consulting Mode, LLC will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored.  A copy of the subscriber opt-in email must be presented if demanded. Please make an effort to limit outgoing mail on your account to no more than 500 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST
Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Consulting Mode, LLC reserves the right to remove any account without prior notice. If Consulting Mode, LLC deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.


Service Level Agreement

Uptime Guarantee:
Consulting Mode, LLC  strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Consulting Mode, LLC  monitoring systems or Consulting Mode, LLC  authorized/contracted outside monitoring services. If Consulting Mode fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Consulting Mode does not credit a full month's service for minor downtime. This would not be financially healthy for Consulting Mode, and in turn would only negatively affect the service level Consulting Mode provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Consulting Mode may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Consulting Mode network caused by or associated with:

Connectivity:
Consulting Mode's goal is to make the Consulting Mode network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Consulting Mode service failure for more than 15 consecutive minutes, excluding service failures relating to Consulting Mode's scheduled maintenance and upgrades. The Consulting Mode network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Consulting Mode's goal is to keep Average Round-Trip Latency on the Consulting Mode network to 85 milliseconds or less. Consulting Mode defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Consulting Mode network and major US backbone peering points during such month, as measured by Consulting Mode. Consulting Mode's goal is to keep Average Packet Loss on the Consulting Mode network to 1% or less. Consulting Mode defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Consulting Mode network during such month that are not successfully delivered, as measured by Consulting Mode.

 

Billing Policies

Consulting Mode, LLC bills on a monthly, quarterly, or annual cycles, depending on what options and hosting plans you have selected. Prompt payment is necessary to ensure uninterrupted service of your account.

Payments
For credit card customers, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For check/money order customers, Consulting Mode, LLC must receive your check/money order by the beginning of your billing period. Late payments, credit card refusals, expirations, charge backs, or disputes are subject to fines, suspensions and account terminations at Consulting Mode 's sole discretion. All unpaid balances incurred during period of service by Consulting Mode, LLC are subject to collection.

All other services, such as merchant accounts, ecommerce, website design, and hosting add-ons are paid in full prior to account setup and non-refundable charges.

Service Fees
Consulting Mode, LLC customers will incur a charge of $25.00 fee for returned checks as well as charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. All wire payments must include a $20.00 processing fee with each payment.

Account Cancellation Policy
Any request for cancellations must be received via our web site, regular mail or fax. You will receive a confirmation upon the cancellation of your account. All cancellations must be received 10 days prior to your renewal date. Accounts cancelled after the first 30 days of service will not receive any refund.

Submission of the cancellation request does not automatically complete the cancellation. Your account may be past due or delinquent, in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to Consulting Mode’s services does not qualify an account for cancellation. Customers are asked to make sure that they receive a cancellation confirmation from Consulting Mode, indicating the closure of a domain and/or an account has been completed.

30 Day Money Back Guarantee
In accordance with our Account Cancellation Policy, clients who purchased a monthly or quarterly shared web hosting plan may elect to use our 30 day money back guarantee offer. Our 30 day money back guarantee does not include bi-annual or further prepayment options. Any request for cancellations must be received via our web site, regular mail or fax and you'll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted. All cancellations must be received 10 days prior to your renewal date.

Upon completion of the cancellation, Client's account shall be immediately terminated and all fees, excluding setup fee and additional services, shall be credited to the client's credit card or returned in the form of a check to clients' who paid by check or money order within 20 business days.

In the event that a client's account has been suspended due to any violations of the Acceptable Usage Policy or the Terms of Service, the 30 Day money back guarantee will be void. Clients exercising their right to the 30-day money-back guarantee will not be allowed to host any site with Consulting Mode, LLC for a period of six months thereafter.

 

Privacy Policy


Consulting Mode, LLC respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information Consulting Mode, LLC will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit other web sites, respond to web-based advertisements or send us email.

All order forms on Consulting Mode, LLC utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a Consulting Mode, LLC order form will be sent and will arrive privately and unaltered at a Consulting Mode, LLC  server. This security prohibits other companies and Web users from being able to access your information.


Consulting Mode, LLC  will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when Consulting Mode, LLC  may require that you provide personally-identifiable information:

If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.

When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:

Consulting Mode, LLC  will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.

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