Terms of Service

Last Updated: August 11, 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 Registration, Ownership, Renewals & Recovery

Initial primary domain registration (including .com or .ca) is 100% covered by Tyler Ziegler regardless of registration cost for standard domains. WHOIS registrant contact information is set directly in the Client's name from day one.

• Free Transfer / Domain Push: The Client is entitled to have their domain name transferred for free (pushed to a free account at Spaceship.com) at any time upon request, even in the event of early agreement cancellation and file forfeiture.
• Renewal Invoices: Annual domain renewal invoices are issued 30 days prior to expiration and are due 7 days prior to expiration.
• Expiration on Non-Payment: If unpaid 7 days before expiration, auto-renew will be disabled and the domain will be permitted to expire.
• Post-Expiration Recovery: If paid post-expiration, reasonable commercial efforts will be made to recover the domain, but recovery is not guaranteed once entering registry redemption.

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.