Terms of Service

Last Updated: July 13, 2026 | Jurisdiction: Hartney, Manitoba, Canada

1. Acceptance of Terms

By purchasing services from Tyler Ziegler, you agree to be bound by these Terms of Service (the "Terms"). This site and service are solely owned and operated by Tyler Ziegler, located in Hartney, Manitoba, Canada. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity, and "Client" or "you" shall refer to that entity (a "Commercial Client"). If you are purchasing services as an individual for personal or household use, you are a "Consumer Client." All legal relationships, agreements, and operations are strictly governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein.

2. Billing and Payments

To maintain high-quality service, we strictly enforce the following billing terms:

• Paymenter Platform: All billing, invoicing, and account management are handled through our Paymenter portal. Clients are responsible for maintaining accurate and up-to-date contact and payment information within their client profile.
• Billing Cycles & Anniversary Due Dates: All subscriptions operate on an anniversary billing cycle. Your recurring payment is strictly due on the same calendar day of the month as your initial signup (for example, if you sign up on the 15th, your billing cycle recurs on the 15th of every month). Plans do not prorate to the 1st of the month; billing is based strictly on the day you signed up.
• Currency & Taxes: All transactions are processed in Canadian Dollars (CAD). Applicable provincial and federal taxes (GST/PST) will be applied at checkout.
• Service Commencement: Web hosting services and access to control panels commence immediately upon invoice payment. Custom website development projects commence in accordance with the timelines agreed upon in the separate Project Scope or Proposal.
• Cancellation & Refunds: Subscriptions can be cancelled at any time through the Paymenter client area. All fees paid are non-refundable except as required under the Manitoba Consumer Protection Act (including rights under the Internet Agreements Regulation).
• Suspension: Failure to remit payment may result in account suspension until the balance is cleared. Suspension occurs via automated protocols within Paymenter and Enhance.

3. Limitation of Liability and Disclaimers

Statutory Warranties and Consumer Rights

Nothing in these Terms of Service (including the limitations of liability and disclaimers below) shall exclude, restrict, or modify any statutory warranties, conditions, guarantees, or consumer rights under the Manitoba Consumer Protection Act (C.C.S.M. c. C200) or any other applicable provincial or federal legislation that cannot be legally excluded or restricted by contract.

"As-Is" Service & Third-Party Software

The website and hosting services are provided on an "as-is" and "as-available" basis. Tyler Ziegler is not liable for any bugs, security vulnerabilities, performance regressions, or downtime caused by third-party software used to provide the service, including but not limited to the Enhance Control Panel, Paymenter, or underlying system software (Linux Kernel, PHP, Web Servers). Furthermore, Tyler Ziegler assumes no liability for damages resulting from cyber attacks, unauthorized access (hacking), Distributed Denial of Service (DDoS) attacks, or any other malicious intrusions that bypass our standard security protocols. We do not warrant that the service will be 100% uninterrupted, secure, or error-free.

Managed Services Liability

For clients on a "Managed" tier, Tyler Ziegler acts as a technical custodian. While we strive for excellence, we are not liable for minor typographical errors in content provided by the client or for brief downtime required for essential systems maintenance and updates.

SEO & Business Performance

Provider makes no guarantees regarding search engine optimization (SEO) rankings, website traffic, lead generation, or financial revenue. The Provider is strictly providing a digital product and hosting infrastructure, and is not liable for the commercial success or failure of the Client's business.

Accessibility Standards

Per the Accessibility for Manitobans Act (AMA), Provider will build custom websites to WCAG 2.1 Level AA standards. The Client is solely responsible for ensuring any personal content they provide (images, PDFs, videos) maintains these compliance standards.

Third-Party Integrations

Provider is not responsible for operational changes, API deprecations, or price increases implemented by external third-party tools (e.g., Stripe, Formspree, Google, Payment Gateways).

Damages Cap

To the maximum extent permitted by Manitoba law, Provider's total liability is strictly limited to the total amount of fees paid by the Client during the three (3) months immediately preceding any claim.

4. Data Privacy, Compliance, and Backups

Privacy Policy & Data Compliance

The Provider operates solely as the technical builder and infrastructure host of the website. The Client is strictly and solely responsible for ensuring their website complies with all local, provincial, federal, and international data privacy laws (including, but not limited to, PIPEDA, GDPR, and CCPA). The Client is entirely responsible for drafting, maintaining, and providing a legally compliant Privacy Policy, Terms of Service, and Cookie Consent mechanism if required by their jurisdiction.

Data Loss and Backups

Data integrity is critical. However, clients are strictly and solely responsible for maintaining up-to-date backups of all their website files, databases, and emails using the tools provided in the Enhance Control Panel. Internal system disaster recovery backups maintained by Tyler Ziegler are for infrastructure recovery ONLY and are not guaranteed for individual client restoration requests. Tyler Ziegler takes no responsibility and assumes no liability for any permanent or temporary loss of data hosted on our infrastructure.

5. Acceptable Use Policy (AUP) and User-Generated Content

Clients are granted full control over their hosted environments, which brings legal 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 the materials they host.
• 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 law. Account IPs and activities are logged via the control panel for security audit purposes.
• Email & Anti-Spam Policy: Professional email accounts provided under any tier (including the Professional and Premium packages) are intended strictly for standard daily business communication. The use of hosted mailboxes for sending unsolicited commercial email (spam), bulk email campaigns, mass marketing newsletters, cold email outreach, or opt-out lists is strictly prohibited. Clients must comply with Canada's Anti-Spam Legislation (CASL) and all international email regulations. Violation of this anti-spam policy will result in immediate suspension or termination of the email services and/or the hosting account.

6. Termination and Account Suspension

Tyler Ziegler reserves the right to suspend or permanently terminate your account, without refund, for any of the following reasons:

• Violating the Acceptable Use Policy (AUP) or hosting illegal content.
• Engaging in activities that threaten the stability, security, or performance of our shared infrastructure (e.g., launching DDoS attacks, excessive resource consumption).
• Persistent failure to pay invoices. Any account with an invoice past due for longer than 30 days is subject to immediate termination, at which point all account data (files, databases, and emails) will be permanently deleted from the active hosting environment.

7. Modifications to the Service, Prices, and Terms

Prices for our services are subject to change. Notice of pricing changes will be provided at least 30 days prior to your next billing cycle. We reserve the right to modify these Terms of Service at any time. When we make material changes to these Terms, we will notify you by posting a notice in the Paymenter portal or via email at least 30 days before the new terms take effect. If you do not agree to the updated terms, you have the right to cancel your services prior to the effective date of the changes without penalty.

8. Ownership and Intellectual Property

Paid Custom Development

Upon full payment of all initial development and setup fees, Tyler Ziegler hereby transfers all ownership rights, title, and interest in the custom website files and code specifically created for the Client's project to the Client. The Client is the sole owner of their website's content and design, and is free to migrate, host, or modify their website elsewhere at any time without further obligation to the Provider, provided their billing account is in good standing.

Promotional Free Website Tier

Under the Promotional Free Website Tier, the website's design, files, and code are generated and provided at no upfront cost ($0.00 upfront) in exchange for the Client maintaining an active recurring monthly managed plan with the Provider. During this promotional period, the website code and design are licensed exclusively to the Client for use on the Provider's hosting platform. If the Client wishes to terminate services, migrate the website, or obtain the source code within the first twelve (12) consecutive months of active hosting, the Client must pay an early Website Buyout Fee depending on their package tier: $350.00 CAD for the Starter Landing Page package, $500.00 CAD for the Free Business Static Site or Professional Business packages, or $750.00 CAD for the Premium Business & Blog package. Upon completion of twelve (12) consecutive months of active, paid hosting with the Provider, full ownership rights, title, and interest in the website's files and code will automatically transfer to the Client for free, with no further buyout obligation. Additionally, these promotional tiers include minor website updates and maintenance. The Starter Landing Page ($39.00 CAD/month) tier includes up to fifteen (15) minutes of updates per calendar month, capped at a maximum of two (2) separate editing sessions. The Free Business Static Site ($59.00 CAD/month) and Professional Business Package ($79.00 CAD/month) tiers include up to thirty (30) minutes of updates per calendar month, capped at a maximum of two (2) separate editing sessions. The Premium Business & Blog Package ($99.00 CAD/month) tier includes up to sixty (60) minutes of updates per calendar month, capped at a maximum of six (6) separate editing sessions. These update limits include all communication and email correspondence time regarding the requested changes, not just raw coding time, and do not roll over from month to month. Additional update services beyond the included minutes or sessions can be purchased in increments of thirty (30) minute blocks at a rate of $25.00 CAD per block.

Domain Registration and Transfer

With the purchase of professional web development services, the Provider covers the initial domain name registration fee up to a maximum of $20.00 CAD. Subsequent annual domain renewal fees are the sole responsibility of, and will be billed directly to, the Client. The domain name will be initially registered by the Provider using the Provider's Spaceship account, but the Client's name and contact information will be provided to the registrar to list the Client as the official owner of the domain. The domain name will be transferred to the Client's account; to do this, the Client must create their own free account at Spaceship.com, and the Provider will transfer the domain to their account. If the Client does not want to create their own Spaceship.com account and prefers to have the Provider manage it, the Provider will bill the Client the domain renewal fee thirty (30) days prior to the domain renewal date. If the Client does not pay this renewal fee on time, the domain will not be renewed and will be allowed to expire. In the event that a domain lapses due to non-payment and the Client subsequently pays the fee, the Provider will attempt to recover the domain name at the Client's sole expense. The Provider is not responsible or liable for any domain expiration, loss of domain control, or recovery failures resulting from unpaid invoices, delayed payments, or the Client's failure to establish a Spaceship.com account or complete the transfer.

9. Dispute Resolution, Choice of Venue, and Indemnification

Resolution for Commercial Clients (B2B)

If you are a Commercial Client (business entity), the following terms apply:

• Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including its formation, validity, breach, or termination, shall be referred to and finally resolved by binding individual arbitration under the Arbitration Act (Manitoba) by a single neutral arbitrator. The place of arbitration shall be Brandon, Manitoba. The arbitration fees and administrative costs shall be shared equally between the Commercial Client and Tyler Ziegler, unless the arbitrator determines that a different allocation is warranted by law or equity.
• 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.
• Choice of Forum: 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.

Resolution for Consumer Clients (B2C)

If you are a Consumer Client (an individual purchasing services for personal, family, or household use), the following terms apply:

• Access to Courts: You retain all 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.
• Class Actions: 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.
• Governing Law & Forum: These Terms shall be governed by and construed in accordance with the laws of Manitoba and Canada. Any legal proceedings may be brought in a court of competent jurisdiction in Manitoba, Canada.

Indemnification Clause

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Tyler Ziegler, and any associated technical agents or service partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from: (a) your use or misuse of the hosting services or website; (b) any violation of these Terms of Service or our Acceptable Use Policy by you or anyone using your account; or (c) any content, materials, or data hosted, transmitted, or processed on your website that infringes upon the intellectual property, privacy, or other rights of any third party.

10. Severability and Entire Agreement

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 if modification is not possible, it shall be 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.