Terms of Service

Last Updated: October 14, 2026 | Jurisdiction: Hartney, Manitoba, Canada

1. Acceptance of Terms & Master Service Agreement

By purchasing, subscribing to, or utilizing web hosting or web development services from Tyler Ziegler, you agree to be legally bound by these Terms of Service (also serving as the Website-as-a-Service Master Service Agreement). Tyler Ziegler operates out of Hartney, Manitoba, Canada. If you enter into this Agreement on behalf of a business, company, or other legal entity, you represent that you have the authority to bind such entity ("Commercial Client"). If you are purchasing services for personal, family, or household use, you are designated as a "Consumer Client." This Agreement is governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein.

2. Billing, Invoicing, Suspension & Account Termination

All billing and invoicing are administered via Invoice Ninja in Canadian Dollars (CAD) plus applicable GST/PST on an anniversary billing cycle (recurring on the same calendar day of the month as initial signup). Subscription fees are due on the anniversary date.

• Due Date & Anniversary Billing: Subscription fees are strictly due on your recurring monthly anniversary date.
• Suspension within 24 Hours: If payment is not received on the due date, website hosting and all associated services will be suspended within 24 hours of non-payment.
• Permanent Termination & Deletion (30 Days): Accounts remaining unpaid for 30 calendar days are subject to permanent termination and complete deletion of hosted files, databases, and server backups.
• No Late Fees: No late fees will be assessed.
• Cancellation & Refunds: Subscriptions can be cancelled at any time through the client area. All fees paid are non-refundable except as required under the Manitoba Consumer Protection Act (including statutory rights under the Internet Agreements Regulation).

3. Website Ownership, Early Buyout & Post-Year 1 Terms

All website design assets, custom code, and site content remain the exclusive property of Tyler Ziegler during the initial 12-month contract period.

• Release of Static Site Files: Upon completion of 12 full monthly payments—or if the Client pays out the remaining prorated monthly balance of the initial 12-month term early—full ownership of the static site files will be released via ZIP archive upon request.
• Early Cancellation & Forfeiture: If the Client cancels before completing the 12-month minimum term without paying the early buyout balance, the Client forfeits all rights to the website design, code, and site files, and the website will be taken offline.
• Post-Year 1 Month-to-Month Terms: Following the 12-month initial term, the monthly subscription fee remains identical to the Year 1 rate on an ongoing month-to-month basis, allowing the Client to either continue managed subscription services or claim their static files to host independently and end billing.

4. Maintenance Allowance, Overage Billing & Tampering Repairs

Included monthly maintenance time covers routine content updates (text/photo changes, business hours, review additions) up to the tier allowance (30 min for Tier 1 / 60 min for Tier 2). Unused monthly maintenance time does not roll over.

• Maintenance Scope: Covers standard routine updates including minor text edits, image swaps, business hour adjustments, and review updates.
• Overage Billing & Exclusions: Work exceeding monthly allowances, post-launch structural revisions, additional page builds, or repairs required due to Client or third-party tampering with code, database, or CMS configurations are excluded from standard maintenance and billed at the standard Hourly Overage Rate of $50 CAD / hour (billed in 15-minute increments).
• Prior Approval: Any work exceeding the monthly allowance requires Client approval prior to execution.

5. Comprehensive Web Host Legal & Liability Protection

Server Resource Fair-Use & Throttling

Web hosting operates under server resource fair-usage limits. If a site consumes disproportionate CPU, RAM, disk I/O, or bandwidth that threatens server stability or impacts other hosted tenants, Tyler Ziegler reserves the right to immediately throttle, sandbox, or suspend the site, or require the Client to upgrade to a dedicated resource tier.

99.9% Uptime Guarantee & Scheduled Maintenance

Tyler Ziegler strives to maintain a 99.9% uptime target, excluding planned maintenance windows (notified 24 hours in advance) or emergency infrastructure patches. Downtime credits (if applicable) are limited strictly to a prorated refund of the monthly hosting fee.

Data Backup Disclaimer

While automated daily server snapshots are conducted for disaster recovery, the Client is solely responsible for maintaining independent offsite backups of their static content, user data, and database records. Tyler Ziegler shall not be held liable for hardware failure, data loss, corruption, or cyber incidents.

Third-Party API & Infrastructure Dependencies

Services rely on third-party vendors (upstream server data centers, DNS providers, domain registries, and APIs such as Google Maps, Stripe, or web analytics). Tyler Ziegler is not liable for site breaks, functional disruption, or feature loss caused by upstream vendor outages, external API deprecations, browser updates, or third-party policy changes.

Sign-Off & Staging Acceptance

Launch authorization or written approval of the staging site constitutes final client acceptance of the build. Post-launch structural modifications or functional redesigns fall outside the initial scope and are billed at $50 CAD/hour.

General Warranty Disclaimer & Liability Cap

Services are provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, express or implied. Under no circumstances shall Tyler Ziegler be liable for indirect, incidental, consequential, special, or punitive damages (including loss of business profits, revenue, or data). Maximum cumulative legal liability for any and all claims is strictly capped at the total subscription fees paid by the Client in the preceding three (3) months.

6. Domain Name Registration, Management & Zero-Hostage Transfer Policy

Where Tyler Ziegler procures or administers a top-level domain (including but not limited to .ca, .com, .org, or .net) on behalf of a Client as part of a web hosting or development package, the terms of this Section strictly govern the rights, responsibilities, and legal relationship of the parties.

6.1 Domain Ownership vs. Technical Administration (Agency Model)

• Beneficial Ownership: The Client is, and shall at all times remain, the sole legal, beneficial, and equitable owner of the registered domain name. WHOIS registrant information is designated in the Client’s legal business or personal name from the initial date of registration.
• Agency & Technical Administrator Role: Tyler Ziegler acts solely as the Client’s authorized purchasing agent, technical administrator, and DNS custodian. Holding administrative registrar credentials or managing DNS records on behalf of the Client does not confer any ownership, proprietary right, security interest, or lien over the domain to Tyler Ziegler.
• Disclaimer of Intellectual Property: Tyler Ziegler expressly disclaims any and all intellectual property rights, copyright, trademark, goodwill, or commercial claims in or to the Client’s domain name, brand identity, trading names, or associated logos.

6.2 Zero-Hostage Transfer Policy & Portability Guarantee

Tyler Ziegler maintains an absolute Zero-Hostage Transfer Policy. We believe your domain name is your brand’s core business asset. Under no circumstances will a domain name be seized, retained as collateral, or held hostage in commercial disputes, contract cancellations, or website file buyout negotiations under Section 3 (even if website static files are forfeited upon early termination).

• Portability Guarantee: Upon verified written request submitted via the client billing portal or from the authorized billing email on file, Tyler Ziegler will promptly release and transfer the domain name without punitive release fees.
• Transfer Execution Options:
  • Option A (Internal Registrar Push – Recommended): Direct, instant account-to-account domain push to the Client’s own free account at our upstream registrar (Spaceship.com). The Client need only provide their verified Spaceship username or account email address.
  • Option B (External Registrar Outbound Transfer): Transfer to any ICANN-accredited registrar of the Client’s choice. Tyler Ziegler will unlock the domain, generate and supply the official EPP / Authorization transfer code (Auth-Code), and disable WHOIS privacy protection if required by the gaining registrar.
• Timelines & Prerequisites: Transfer execution or domain unlock will be initiated within two to three (2–3) business days following receipt of the written request, provided that any direct, outstanding invoices specifically billed for domain registration or renewal disbursements have been settled in full.
• Third-Party & Registry Delay Disclaimer: Tyler Ziegler is not responsible or liable for outbound transfer delays, registry verification holds, losing/gaining registrar processing windows, or mandatory registry-imposed moratoriums (including the mandatory ICANN 60-day post-registration/post-transfer lock, or CIRA registry transfer locks).

6.3 Renewals, Expirations, Non-Payment & Redemption Protection

• Invoicing & Renewal Cycle: Annual domain renewal invoices are issued automatically through Invoice Ninja thirty (30) calendar days prior to the domain's official expiration date and are strictly due seven (7) calendar days prior to expiration.
• Client Obligation: It is the Client’s sole responsibility to maintain a valid, monitored email address on file in the billing system and ensure renewal invoices are paid on time.
• Non-Payment & Auto-Renew Deactivation: If a renewal invoice is not paid seven (7) days prior to expiration, automatic renewal will be disabled, and the domain name will be permitted to lapse and expire on its scheduled expiration date.
• Limitation of Liability for Domain Expiration: Tyler Ziegler disclaims any and all liability for damages, economic losses, or operational disruptions resulting from domain expiration caused by non-payment or delinquent payment. Tyler Ziegler shall not be liable for website downtime, email delivery failures, search engine ranking drops, domain drop-catching, registrar public auctions, acquisition by third-party buyers, or permanent domain loss.
• Redemption Grace Period & Penalty Fees: Once a domain lapses past its expiration date and enters upstream registrar or registry "Redemption" status, registries assess significant redemption penalty fees (typically ranging from $80.00 CAD/USD to $250.00+ CAD/USD plus standard annual renewal fees). If the Client requests post-expiration recovery, the Client is exclusively responsible for paying 100% of all third-party registry redemption and renewal fees upfront. While Tyler Ziegler will make commercially reasonable efforts to recover a redeemed domain, successful restoration cannot be guaranteed once redemption has commenced.

6.4 Regulatory Compliance, Dispute Indemnification & Liability Cap

• Registry & Policy Compliance: The Client warrants and represents that the selected domain name, its registration, and its intended use comply with all applicable ICANN consensus policies, upstream registrar terms (Spaceship.com Master Services Agreement), and specific TLD registry regulations (including the Canadian Presence Requirements established by the Canadian Internet Registration Authority – CIRA for all .ca domains). The Client is solely responsible for maintaining eligibility under applicable registry rules.
• Comprehensive Domain Indemnification: The Client agrees to indemnify, defend, and hold harmless Tyler Ziegler from and against any and all claims, damages, liabilities, losses, costs, and legal fees (including full solicitor-client legal expenses) arising out of or related to:
  • Alleged or actual trademark infringement, trade name violations, copyright infringement, or cybersquatting;
  • Administrative dispute proceedings initiated under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP) or CIRA’s Domain Name Dispute Resolution Policy (CDRP); and
  • Any unlawful, defamatory, or deceptive content, email routing, or service associated with the domain name.
• Domain Service Liability Cap: To the maximum extent permitted by applicable Manitoba and Canadian law, Tyler Ziegler’s cumulative, aggregate liability for any and all claims, errors, omissions, or technical registration failures relating to domain administration services shall be strictly capped at the actual registration or renewal fee paid by the Client to Tyler Ziegler for that specific domain name during the current twelve (12) month service term.

7. Content Delivery Window, IP & Legal Compliance (CASL / AMA)

• Content Delivery Window: The Client must supply text, logos, and images within 14 calendar days of contract execution; project delays caused by unprovided Client assets do not pause or delay the recurring monthly billing schedule.
• Intellectual Property Indemnity: The Client guarantees ownership or licensed rights to all provided content and holds Tyler Ziegler harmless against any copyright or trademark claims.
• Accessibility Standards (AMA): Sites are delivered to WCAG 2.1 Level AA accessibility standards per the Accessibility for Manitobans Act (AMA); the Client is responsible for maintaining compliance for any media uploaded post-launch.
• Privacy Compliance: The Client is responsible for maintaining a Privacy Policy compliant with PIPEDA, GDPR, or CCPA as applicable.
• Anti-Spam Policy (CASL): Hosted forms or email systems must not be used for sending unsolicited commercial email (spam) or cold outreach per Canada's Anti-Spam Legislation (CASL); violations result in immediate service suspension.

8. Acceptable Use Policy (AUP)

Clients are granted full control over their hosted environments, which brings legal and operational responsibilities:

• Safe Harbor: Tyler Ziegler acts strictly as an infrastructure provider. We claim explicit safe harbor protections against liability for any illegal, copyright-infringing, or illicit User-Generated Content hosted by our clients. The Client is the sole publisher and legally responsible entity for all materials hosted.
• Prohibited Content & Usage: You may not host malware, phishing sites, child exploitation materials, adult content (strictly prohibited), spam networks, illegal cryptocurrency mining, or any material violating Canadian or provincial law.
• Enforcement: Any violation of this policy will result in immediate suspension or termination of hosting services without refund.

9. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein (Governing Jurisdiction: Hartney / Brandon, Manitoba).

• Commercial Clients (B2B Disputes): Commercial B2B disputes are subject to binding individual arbitration under the Arbitration Act (Manitoba) in Brandon, MB, with a class action waiver. You explicitly waive any right to resolve any dispute as a class, collective, coordinated, consolidated, or representative action in court or in arbitration. For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the provincial and federal courts located in Brandon, Manitoba.
• Consumer Clients (B2C Disputes): Consumer clients (B2C) retain all statutory legal rights under Section 96 of the Manitoba Consumer Protection Act to resolve disputes in the courts of Manitoba (including Small Claims Court). Any arbitration agreement is voluntary and must be agreed to by both parties in writing after a dispute has arisen. Nothing in these Terms limits your statutory right to participate in a class proceeding in a court of competent jurisdiction under the Class Proceedings Act (Manitoba), except to the extent permitted by applicable Manitoba law.

10. Modifications, Severability and Entire Agreement

Modifications: Prices and terms for our services are subject to change with at least 30 days' notice prior to your next billing cycle. If you do not agree to updated terms, you have the right to cancel your services prior to the effective date without penalty.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect.

Entire Agreement: These Terms of Service, along with our Privacy Policy and any specific service contract or proposal signed by you, constitute the entire agreement between you and Tyler Ziegler regarding the services and supersede all prior agreements or representations.

11. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us:

• Email: support@204webhosting.online
• Mailing Address: Tyler Ziegler, P.O. Box 489, Hartney, Manitoba, Canada, R0M 0X0

By using our services, you acknowledge you have read, understood, and agree to these terms.