Terms of Service and Conditions of Use
Tumalo Tech provides its services to you subject to the following terms and
conditions. If you visit this web site or agree to purchase items or services
from Tumalo Tech you agree to accept these terms and conditions, so please read
Please review our Privacy Notice, which also
governs your visit to this web site, to understand our practices.
When you contact Tumalo Tech using the form on this web site, or send email
messages directly to us, you are communicating with us electronically, and you
consent to receive communications from us electronically. We will communicate
with you electronically by email or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communication that we
provide to you electronically satisfies any legal requirement that such
communications be in writing.
All content included on this site is the property of Tumalo Tech or its
content suppliers and is protected by United States and international copyright
Tumalo Tech respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please contact us.
License and Site Access
Tumalo Tech grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Tumalo Tech. This license
does not include any resale or commercial use of this site or its contents; any
collection and use of any product or service listings, descriptions, or prices;
any derivative use of this site or its contents; or any use of data mining,
robots, or similar data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold, or
otherwise exploited for any purpose without express written consent of Tumalo
Tech. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information of Tumalo Tech without express written
consent. You may not use any meta tags or any other "hidden text" utilizing the
Tumalo Tech name without the express written consent of Tumalo Tech. Any
unauthorized use terminates the permission of license granted by Tumalo Tech.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Tumalo Tech, as long as the link does not portray
Tumalo Tech or its products or services in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any Tumalo Tech logo or other
proprietary graphic or trademark as part of the link without express written
Passwords and Security
If you use this site, you are responsible for maintaining the confidentiality
of any client accounts and passwords provided to you by Tumalo Tech, and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your accounts or passwords. Tumalo Tech reserves
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders at its sole discretion.
Payment, Late Fees and Finance Charges
Payment on your account is due upon receipt of invoice from Tumalo Tech.
Accounts not paid in full within 4 weeks of the invoice date are subject to a
$25 late fee, and a 1.5% monthly finance charge thereafter. Payments must
be made by check or money order drawn on a U.S. financial institution located in
the United States, and must be made in U.S. Dollars. Payment may also be
made via PayPal with prior consent by Tumalo Tech. Tumalo Tech reserves
the right to charge an additional 2.9% + $0.30 on invoice for payments made via
PayPal to cover PayPal's Transaction Fee for Online Payments.
Tumalo Tech does not sell products or services for purchase by children. If
you are under 18 years of age, you may purchase products and/or services from
Tumalo Tech only with the involvement of a parent or authorized guardian.
Reviews, Comments, Communications, and Other Content
Visitors to this site may submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise objectionable or injurious to third parties and does not consist of or
contain software viruses or worms, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam". You may not
use a false email address, impersonate any person or entity, or otherwise
mislead as to the origin of a communication or other content. Tumalo Tech
reserves the right, but not the obligation, to remove or edit such content, but
does not regularly review posted content.
If you do submit material, and unless we indicate otherwise, you grant Tumalo
Tech a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world and in any media. You grant Tumalo Tech the right to use the name that
you submit in connection with such content, if they so choose. You represent and
warrant that you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you supply does
not violate this policy and will not cause injury to any person or entity; and
that you will indemnify Tumalo Tech for all claims resulting from content you
supply. Tumalo Tech has the right but not the obligation to monitor and edit or
remove any content. Tumalo Tech takes no responsibility and assumes no liability
for any content posted by you or any third party.
Risk of Loss
Any compact discs or other items purchased from Tumalo Tech are made pursuant
to a shipment contract. This means that the risk of loss and title of such items
passes to you upon delivery to the carrier.
Web Hosting Package Item Descriptions
Tumalo Tech makes every effort to be as accurate as possible and keep this
site updated, but some of the items included with the Web Hosting Package and/or
Domain Registration offered by Tumalo Tech may occasionally change or be
While there are no set limits on the storage space or data transfer/bandwidth
provided in our shared hosting plans, we do require all clients to be fully
compliant with our Terms of Service and utilize disk space and bandwidth only in
the normal operation of a personal or small business web site. While it is rare,
we may need to put constraints on accounts that are using resources beyond what
would be expected in the normal operation of a personal or small business web
site. Typically, clients will only run into issues if they use their accounts
for file storage or file sharing, which is not what our services are intended to
support. In accordance with our Terms of Services, the disk space and bandwidth
you use must be integrated into the normal operation of your web site. If we
have concerns about your account's bandwidth or disk space utilization, you will
receive an email asking you to reduce usage. Generally, we provide clients with
a minimum of 48 hours to make adjustments before the account is taken offline.
While we allow shared hosting clients to create unlimited mailboxes (POP3
email accounts), each individual mailbox has a storage capacity of 250MB or
10,000 email messages, whichever comes first. Our email service is not intended
for long term message storage or for messages with large attachments.
Disclaimer of Warranties and Limitation of Liability
This site is provided by Tumalo Tech on an "as is" and "as available" basis.
Tumalo Tech makes no representations or warranties of any kind, express or
implied, as to the operation of this site, or the information, content,
materials, or products included on this site. You expressly agree that your use
of this site is at your sole risk.
To the fullest extent permissible by applicable law, Tumalo Tech disclaims
all warranties, express or implied, including, but not limited to, implied
warranties or merchantability and fitness for a particular purpose. Tumalo Tech
does not warrant that this site, its leased servers, or email sent from Tumalo
Tech are free of viruses or other harmful components. Tumalo Tech will not be
liable for any damages of any kind arising from the use of this site, including,
but not limited to, direct, indirect, incidental, punitive, and consequential
If problems arise, you may contact us and we will
do our best to resolve the issue to your satisfaction.
Site Policies, Modification, and Severability
Please review these terms and conditions and the other policies that are
posted on this site regularly. We reserve the right to make changes to our site,
policies, and these Terms of Service and Conditions of Use at any time with or
without notice. If any of these terms or conditions shall be deemed invalid,
void, or for any reason unenforceable, that term or condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
term or condition.