Legal

Terms of Service

Last updated: August 23, 2026

1. Agreement

These Terms of Service ("Terms") govern your use of services provided by Vail Stream Technologies Inc., a Canadian company headquartered in Ontario, Canada ("we," "us," or "Vail Stream"). By engaging our services, signing a quote, or paying an invoice, you ("Client" or "you") agree to these Terms.

2. Services

Vail Stream provides networking, website design and development, email and domain services, site operations and hosting management, consulting, and ongoing maintenance and support retainers. Specific deliverables, timelines, and prices for each engagement are documented in a separate written quote, statement of work, or proposal.

Where there is any conflict between these Terms and a signed quote, the signed quote prevails for that engagement.

3. Fees and payment

One-time fees (such as website design and build) are typically billed 50% on engagement and 50% on delivery, unless otherwise agreed in writing.

Recurring fees (such as email bundles, site operations, and maintenance retainers) are billed in advance, monthly or annually depending on the service tier.

All prices are in Canadian dollars unless explicitly stated, and are exclusive of applicable sales taxes (HST/GST/PST), which are added to invoices as required by law. Invoices are due within 14 days of issue. Late payments may incur interest at 1.5% per month, compounded monthly (equivalent to 19.56% per annum), and may result in service suspension after 30 days of non-payment.

We reserve the right to update our pricing with at least 30 days' notice for recurring services. Existing engagements at fixed prices are honored at the original rate.

4. Client responsibilities

To deliver our services effectively, we need certain things from you:

  • Timely access to systems, accounts, and information necessary for the work
  • Reasonably prompt feedback during design and review phases
  • Accurate billing and contact information
  • Compliance with our Acceptable Use Policy for any services we host or operate on your behalf
  • Ownership or proper licensing of any content (text, images, video, code) you provide for use in your project

Delays caused by client unresponsiveness may result in project delays and, in some cases, additional fees.

5. Intellectual property

Your content stays yours. Any content you provide remains your property. You grant us a limited license to use it solely for the purpose of delivering your services.

Final deliverables become yours. Once a website project is paid in full, ownership of the final deliverables (custom code, designs, content we created for you) transfers to you. You can take it elsewhere at any time.

Our tools and templates remain ours. Vail Stream retains ownership of any reusable tools, frameworks, templates, methodologies, or general know-how developed in the course of our work, including anything developed before or independently of your project.

6. Domain registration

Domain registration services provided by Vail Stream are fulfilled through one of our ICANN-accredited registrar partners, depending on your domain extension: Tucows Domains Inc. (operating as OpenSRS) or Cloudflare, Inc. (Cloudflare Registrar). We will identify the registrar for your domain on request. By registering or transferring a domain through Vail Stream, you agree to the following:

  • Your registration is governed by the Domain Registration Agreement of the registrar that handles your domain — the Tucows Domain Registration Agreement or the Cloudflare Domain Registration Agreement — offered through Vail Stream as a participating reseller.
  • You must provide accurate registration information and keep it current. Inaccurate information is a material breach that may result in domain cancellation without refund.
  • Domain registration fees are non-refundable once the domain has been registered with the registry.
  • You are bound by all applicable TLD-specific registration terms, including eligibility requirements, dispute resolution policies, and registry acceptable use policies for your chosen domain extension. For domains registered through Tucows/OpenSRS, see the applicable TLD-specific terms; for domains registered through Cloudflare, see the Cloudflare TLD Policies.
  • You are bound by all current and future ICANN consensus policies, including the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension Procedure (URS).
  • Registration data will be shared with the applicable registry operator, ICANN, and may be archived with a third-party escrow service as required by ICANN policy.
  • Your rights to a domain name cease upon expiration. A grace period may be provided at the applicable registrar's discretion, and additional redemption fees may apply.
  • Before transferring a domain to another party, you must ensure the new registrant agrees to all terms of the applicable Domain Registration Agreement.

Your domain stays yours. You are the registrant of record for any domain we register on your behalf, and your rights to it continue for as long as the registration is paid up. If you cancel service or we part ways, we will, at your request, unlock the domain and provide the transfer authorization code — or move the domain to a registrar account under your control — at no charge beyond any registry-imposed fees, subject to ICANN's standard 60-day transfer locks.

Contacts of record. For domains registered through Cloudflare Registrar, Vail Stream may be listed as the administrative, technical, and billing contact of record; you remain the registrant. We forward any registrar, registry, or dispute correspondence we receive about your domain to you promptly.

Your registrar (Tucows or Cloudflare, as applicable) may suspend or cancel a domain registration for breach of these terms, inaccurate information, ICANN or registry requirements, DNS abuse, or compliance with applicable law or court orders.

For complete details, refer to your registrar's agreement — the Tucows Master Domain Registration Agreement (with the applicable TLD-specific terms) or the Cloudflare Domain Registration Agreement.

7. Email services

Email hosting services provided by Vail Stream are fulfilled through OpenSRS email infrastructure operated by Tucows Inc. By using our email services, you agree to:

  • Our Acceptable Use Policy, which incorporates the requirements of the OpenSRS Email Acceptable Use Policy
  • Daily sending limits that are applied to all mailboxes and may be adjusted without notice
  • Periodic password resets when required by our infrastructure provider for security purposes
  • The right of our infrastructure provider to immediately disable any account to prevent abuse, without prior notice
  • The right of our infrastructure provider to modify domain and mailbox settings, including filtering, where needed to protect the capacity, performance, or security of the service

8. Third-party services

Many of our services rely on third-party providers, including domain registrars (Tucows/OpenSRS and Cloudflare), email infrastructure providers (OpenSRS), content delivery and security networks (Cloudflare), and payment processors. We are not responsible or liable for outages, failures, policy changes, or pricing changes by these third parties — those events are outside our control and are not a breach of these Terms by us. When they happen, we will use reasonable efforts to keep you informed, work with the provider on your behalf, and restore or migrate the affected service as quickly as reasonably possible.

Third-party service terms referenced in these Terms are incorporated by reference and may be updated by those providers from time to time. Continued use of the relevant service constitutes acceptance of any updates.

9. Service availability

We aim for high availability on managed services, but no system is perfectly reliable. Downtime caused by third-party providers, force majeure events, scheduled maintenance, or client actions is outside our control and is not a breach of these Terms (see also sections 8 and 10). We do not offer monetary credits for downtime unless explicitly agreed in a separate SLA.

10. Force majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, labour disputes, internet or utility failures, third-party infrastructure outages, or government action. The affected party will notify the other promptly and resume performance as soon as reasonably possible.

11. Confidentiality

We treat any non-public information you share with us as confidential. We will not disclose it to third parties except as necessary to deliver your services, when required by law, or with your explicit permission. We expect the same in return.

12. Warranties and disclaimers

We provide our services with reasonable skill and care, consistent with industry standards. Beyond that, our services are provided "as is" without any other warranties, express or implied. We do not warrant that our services will be uninterrupted, error-free, or meet every requirement you might have.

Nothing in these Terms excludes any warranty, condition, or right that cannot be excluded under applicable law, including Ontario's Consumer Protection Act, 2002 where it applies to you.

13. Limitation of liability

To the maximum extent permitted by Canadian law, our total liability for any claim arising from our services is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or business interruption.

This limitation does not apply to liability for fraud, willful misconduct, or anything that cannot be excluded by law.

14. Indemnification

You agree to indemnify and hold harmless Vail Stream Technologies Inc., and its officers, employees, and agents from any claims, losses, or damages arising from your use of our services, your domain registrations, your violation of these Terms, or your violation of any third-party rights. For domain-related indemnification obligations, refer to the Domain Registration Agreement of the registrar that handles your domain — the Tucows Domain Registration Agreement or the Cloudflare Domain Registration Agreement.

15. Cancellation and refunds

One-time projects (website design and build, networking installations, consulting engagements)

Unless your signed quote specifies a different payment schedule, one-time projects are billed in two stages: a 50% deposit to start work, and 50% on delivery. Where a different schedule applies, the same principles below govern: amounts not yet earned are refundable before delivery; delivered work is non-refundable.

  • Before work starts: Full refund of the deposit if you cancel before we begin work, regardless of how much time has passed.
  • After work starts but before delivery: Refund of any portion of the deposit not yet earned, calculated based on hours worked at our standard rate.
  • After delivery: No refunds. If, within 60 days of delivery, something we delivered is broken or doesn't match the agreed scope, we'll fix it at no charge.

Email and domain services

  • Within 30 days of first purchasing a service (not of any subsequent renewal): Full refund of the service fee, minus any non-refundable third-party costs (such as domain registration fees, which are non-refundable once registered).
  • After that: Renewal charges and the unused portion of a term are not refundable. You can cancel at any time and we will not renew, but the prepaid service runs until the end of its term. No notice period is required — the service simply is not renewed.

Site operations and hosting

  • Within 30 days of first purchasing a service (not of any subsequent renewal): Full refund.
  • After that: Renewal charges and the unused portion of a term are not refundable. You can cancel at any time and we will not renew; service continues through the end of the prepaid term.

Maintenance and support retainers

  • You can cancel at any time by written notice.
  • The month in which we receive your notice is billed and non-refundable; we will not bill any subsequent month.
  • Unused hours do not roll over from month to month and are not refundable.

What we'll always do

  • Fix our mistakes. If, within 60 days of delivery, something we delivered is broken or doesn't match what we agreed, we'll fix it at no extra charge. This doesn't cover issues caused by changes you or third parties make after delivery, third-party service or platform changes, or the normal evolution of browsers and standards — we're happy to fix those under a maintenance retainer or at our standard rate.
  • Hand over your data. If you cancel, we'll provide your data and final deliverables in a reasonable format.

We will not refund services terminated due to violations of our Acceptable Use Policy, nor third-party costs that were passed through at cost.

To request a refund, email [email protected] with your name, invoice number, and reason. We'll respond within 3 business days. Approved refunds are typically processed within 7-10 business days.

16. Termination

By you: You can cancel any service as described in section 15. Email, domain, and hosting services need no notice period — they simply are not renewed. Maintenance and support retainers end after the month in which we receive your written notice.

By us: We may terminate services for non-payment (after 30 days), violation of our Acceptable Use Policy, or if continuing the engagement would expose us to legal or reputational risk. We will provide reasonable notice and assist with migration where possible.

Upon termination, you remain responsible for any unpaid fees. On request within 30 days of termination, we will provide copies of your data and final deliverables in a reasonable format, and will unlock and hand over any domains registered on your behalf as described in section 6. After 30 days, we may permanently delete data associated with terminated services, except records we must keep for legal, billing, or dispute purposes.

17. Cookies and tracking

vailstream.com itself sets no cookies. Our client portal (portal.vailstream.com) sets only essential cookies. Because our sites are served through Cloudflare, Cloudflare may set strictly necessary security cookies. We do not use advertising cookies, social media tracking pixels, cross-site tracking, or fingerprinting techniques.

We use Cloudflare Web Analytics, a cookie-less, privacy-respecting analytics service, to understand how visitors use our site in aggregate. This data does not identify individuals and is not shared with advertising networks.

You can control or delete cookies through your browser settings. Blocking essential cookies may prevent parts of the client portal from working correctly. For more details on how we handle personal information, see our Privacy Policy.

18. Notices

Formal notices under these Terms, including cancellation and termination notices, must be sent by email: to us at [email protected] for billing, cancellation, and termination matters (or [email protected] for anything else), and to you at the billing email address on file. Notices are deemed received on the next business day after sending. Keep your contact information current — notices sent to the address on file are effective even if you no longer monitor it.

19. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes will be resolved in the courts of Ontario, unless we mutually agree to mediation or arbitration first.

For domain registration disputes, the governing law and jurisdiction provisions of the applicable registrar's Domain Registration Agreement apply — the Tucows Domain Registration Agreement or the Cloudflare Domain Registration Agreement.

20. General

Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

Entire agreement: These Terms, together with any signed quote or statement of work and the policies referenced here, are the entire agreement between us and supersede prior discussions.

Assignment: You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, reorganization, or sale of the business.

No waiver: If we don't enforce a provision of these Terms, that isn't a waiver of our right to enforce it later.

Survival: Sections that by their nature should survive termination — including fees owed, intellectual property, confidentiality, warranties and disclaimers, limitation of liability, indemnification, and governing law — survive it.

21. Changes to these Terms

We may update these Terms from time to time. For material changes affecting active clients, we will provide at least 30 days' notice by email. Continued use of our services after changes take effect constitutes acceptance of the new Terms.

22. Contact

Questions about these Terms? Get in touch at [email protected].