Terms of Service

These terms were last updated on August 6, 2021.

MyTribe provides a fully integrated, hosted website creation and hosting service. The contents of these terms of service govern your usage of the MyTribe platform and our responsibilities towards you as a customer. These services are provided to you by Tribe Media House, LLC.

We provide these services to you, our customer, in exchange for payment in full on a timely basis. We do not sell or otherwise provide data that individually identifies your business to any other parties without your prior consent, although we do collect and statistically analyze anonymized data from your and our other customers in aggregate to help us better serve you and operate our business sustainably.

Our Privacy Policy explains how we handle data that we collect from the creation and operation of your website, including from yourself and visitors to your website. We reserve the right to update both these Terms of Service and the Privacy Policy at any time and will best-effort notify you by email if and when we do. If at any time you decide that you no longer wish to be bound by these Terms of Service, you are welcome to contact us to cancel your service.

Services

We provide a one-time website creation that we have customized for your business along with an ongoing website hosting service. It is our solemn intent and hope that the creation and maintenance of this website results in increased customer satisfaction and brand awareness for you, but given the nature of an ever evolving digital world, we cannot guarantee nor warranty that you will achieve any specific business results as a result of purchasing our services.

Our website creation service consists of a website that we create and customize ONCE for you and deploy live with your approval and payment in full (including for the first month of hosting, as further described in the next paragraph). Once your website is created and deployed, you have the ability to manually alter the content of your website by yourself to a limited degree via the built in administration portal. In our experience, this is more than sufficient for the vast majority of small business owners and operators to maintain a commercially successful internet presence. You pay us a single fee as described in your invoice, one time, for the creation, customization, and initial setup of your website.

Our website hosting service consists of the ongoing provisioning and delivery of your website including all web processing, storage, and delivery to website visitors. We make a good faith effort to serve your website to visitors with reasonable speed and security to the best of our reasonable ability in accordance with the resources allocated by your selected hosting plan. There may be times of excess load or other unforeseen circumstances which may cause your website to slow down or temporarily become unavailable at times. If this behavior occurs occasionally for a short, transient period, then we will not generally intervene unless your website is interfering with the correct, efficient, and reasonable performance or operation of our other customers' websites or our own systems. You pay us a nominal fee monthly as prescribed by your selected hosting plan for our ongoing hosting services.

We may, at our sole election and discretion, choose to offer you additional custom services (that may or may not pertain to your website) if we believe there is a mutually beneficial opportunity for both you and us. These services will be separately agreed upon and governed by a separate contract to be presented if you indicate interest in procuring the aforementioned services as offered to you. We are not obligated to offer you any such additional services at any time for any reason and you are not obligated to accept any such services when they are offered at any time for any reason.

Consideration

The provisioning and delivery of our services are contingent on the payment in full of your initial and monthly invoices in a timely manner. The initial invoice is for the website creation service fee and the first month of the website hosting service; the recurring invoices begin the following month and are solely for the ongoing cost of the website hosting service. These invoices are prepaid; that is, you must render payment in full to us prior to our provisioning of the services. 

We will make a good faith effort to ensure your recurring bill is charged to the payment method that you have entered with our payment partner on a monthly basis. In the event that the payment is unable to be completed for any reason whatsoever, we will contact you and give you a reasonable opportunity (to be specified in the call or email) to correct the situation before we take the drastic step of disconnecting your service.

Cancellation

If over a month passes after our attempts to contact you and we are unable to have you take the appropriate action to correct the situation we may, at our sole discretion, elect to temporarily disable or permanently cancel your service. You agree that we may nonetheless attempt to recover the remainder of overdue fees owed to us via common external methods including corporate debt referral services and delinquent credit reporting. 

In the event that you would like to cancel your service, we will stop billing you for the month after the current month and discontinue your service at the end of the current month's prepaid period. If we choose to cancel your service for reasons not related to billing, we will refund you the prorated portion of your hosting service for the remainder of the month.

If your services are cancelled under any circumstances, as elected by either you or us we may, at our discretion and at a time internally elected by us, undertake the necessary steps to reclaim resources that were previously in use by your website and its associated hosting. In simple terms, this means that we will delete your account and remove any associated media / content from our platform. This may result in the permanent and nonrecoverable loss of data associated with your website, including your website itself and any changes that you may have made to it along with any data you may have stored in it via the administration portal. You agree that we shall not be responsible for any such data losses or any losses incurred as a result of the cancellation of service.

Abuse

We do our best to operate a clean, honest, and legal platform. However, you have the ability to upload and edit content on your website along with the ability to direct traffic to your website from external sources. This prevents one avenue amongst many for abuse of our platform. Due to the inherent nature of abuse, it is difficult to precisely define what constitutes abuse of the platform. As a result, we define platform abuse as "any use or misuse of the platform that either results in excessive impact to the MyTribe platform / other customers' websites or involves obscene / illegal content".

If we notice trivial and rare occurrences of abuse on your account, we will do our best to contact you and ask you to take the appropriate action to resolve the issue (usually this means the removal of some kind of offending content). If you do not resolve the issue within a reasonable amount of time or the abuse is repeated, we may have to suspend or cancel your service.

Please do not upload or share illegal content via our platform. We are required by law to comply with court ordered requests from law enforcement agencies and authorities any and all data hosted on the platform. In the exceptionally rare and uncommon case of egregiously illegal content, we may cancel service immediately.

Miscellanea

From time to time we may try to offer basic assistance to you out of our own good will. As an example, if you accidentally mangle your website and let us know, we might be able to restore the state of the website back to the default design and content we originally created. You agree that this does not imply or create a duty to provide such assistance and that furthermore the provision of these services does not create any liability on our end whatsoever.

Liability

These terms of service do not create nor transfer liability for either you or us except as laid out in the above sections. We put forward a good faith best effort to provide you only with services that are good enough for us to use ourselves. However, our products are provided "as-is" and we make no guarantees that they will always function optimally, securely, and without disruption or error. We thus DISCLAIM WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

You agree that our liability shall be limited to the fullest extent permitted by applicable law and that under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms of Service or the MyTribe services, even if we are informed in advance of the possibility of such damages.

You further agree that our comprehensive and aggregate liability arising out of or relating to these Terms of Service or the MyTribe services shall be limited to the amount you have paid us in the last three months.

Disputes

For any claim, cause of action, dispute, suit, or other legal action that you may have against us or vice versa that arises out of or relates to these Terms of Service of the MyTribe services, you agree that it will be resolved exclusively as follows:

Any claims which the Multnomah County Small Claims Court in Oregon may legally hear and adjudicate shall be resolved exclusively in the same. If not, the claim shall be resolved exclusively in an Oregon State Court located in Multnomah County. In the event that the claim cannot be legally heard and adjudicated within an Oregon State Court, the claim shall be exclusively resolved in the United States District Court for the District of Oregon, Portland Division.

All of that being said, we're reasonable folks and don't want either you or us to have to deal with excess legal costs, so we'll generally reach out to try and resolve any disputes between us on our end. We ask and hope that you will do the same.

Contact

If you have legal concerns regarding these Terms of Service, please communicate with us via email at [email protected] or via physical mail at:

Tribe Media House / MyTribe.Cloud
c/o NedSpace
707 SW Washington St #1100,
Portland, OR