Web Hosting Agreement

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Web Hosting Agreement Powered By Docstoc
					This is a template that contains information about web hosting and includes a sample
web hosting agreement. The information included in this document describes the role of
web hosting, provides a checklist, and includes instructions on how to complete the
sample agreement. The sample agreement contains all of the necessary terms of the
contract, such as: definition of services, price, term, termination, warranties and
obligations, user conduct, and electronic privacy notices. This template is useful for
small businesses that want to learn more about web hosting or to web hosting
companies that want a sample contract.
                        AGREEMENT FOR WEB HOSTING

       This Agreement for Web Hosting (this “Agreement”) is hereby made and entered into on
this _____________ day of _________, ____ by and between ___________ (“Host”) and
___________ (“User”) and shall be effective as of the date of execution by User.

                                          RECITALS

        WHEREAS, Host is engaged in the business of providing Internet website hosting and
related services; and

      WHEREAS, User desires to retain Host to perform the services provided for in this
Agreement.

       NOW, THEREFORE, Host and User agree as follows:

                                            TERMS

1.     SCOPE OF SERVICES

        Host agrees to provide User with services for the hosting of User’s website (“Website”)
on the Internet (the “Hosting Services”). Host shall provide the Hosting Services so as to make
the Website accessible to third parties via the World Wide Web portion of the Internet, as
specified in this Agreement. Except as expressly provided in this Agreement, User agrees that
Host is responsible only for providing the Hosting Services, and that Host is not responsible for
providing any other services or tasks not specifically set forth in this Agreement. To the extent
that User wishes to receive from Host, and Host wishes to provide to User, services other than
Hosting Services (the “Additional Services”), such Additional Services and the arrangements for
provision of same shall be set forth in a separate addendum to this Agreement, duly executed by
the Parties, and incorporated into, and become a part of, this Agreement.

2.     PRICE AND PAYMENT

        User shall pay Host for Hosting Services according to the terms set forth in this
Agreement. Specifically, User shall pay: (a) hosting fees in advance; (b) fees for other goods or
services as invoiced; and (c) any security deposit as set forth in any attachment to this
Agreement. Host may change the prices charged for the services upon ____ (__) day’s written
notice to User, but such increases shall not exceed _____ percent (____%) of the rate currently
being charged at that time.

3.     TERM AND TERMINATION

       Hosting Services will commence on the Effective Date of this Agreement, will extend for
a period of ____ (__) year(s), and will automatically renew on a year-to-year basis thereafter,
unless terminated as provided for herein. User may terminate this Agreement without cause
upon at least ____ (__) day’s written notice to Host. Host may terminate this Agreement without
cause upon at least ____ (__) day’s written notice to User. Either party may terminate this
Agreement upon written notice for material breach, provided, however, that the terminating party
has given the other party at least ____ (__) days written notice of same and provided such party
with opportunity to cure the breach. Termination for breach will not alter or affect the
terminating party’s right to exercise any other remedies available for breach.

        If User’s account is suspended due to lack of payment, User will pay the then-current
reinstatement fee, in addition to all other charges then due and payable, prior to restoration of the
Hosting Services.

4.     CUSTOMER SERVICE

        Host will provide to User reasonable amounts of consultation via telephone and/or
electronic mail regarding the use of the Website, but will not assist with any services that are not
maintained or controlled by Host.

5.     USER’S WARRANTIES AND OBLIGATIONS

        User is responsible for providing all equipment and/or software necessary to access the
hardware and systems provided by Host. User agrees to adhere to Host’s Acceptable Use Policy,
a copy of which is attached hereto as Exhibit “A.” The Acceptable Use Policy may be modified
from time to time at Host’s sole discretion. User’s continued use of the Hosting Services after
the effective date of such modified Acceptable Use Policy will constitute User’s acceptance of
the modified terms. Failure by User to adhere to the Acceptable Use Policy, or any
modifications thereto, shall constitute a material breach of this Agreement.

        User hereby warrants to Host, and agrees that during the term of this Agreement it will
ensure, that: (a) User is the owner or valid licensee of all data and/or content it will upload in
conjunction with the Hosting Services and User has secured all necessary licenses, consents,
permissions, waivers, and releases for the use of the content and each element thereof, including
but not limited to, all trademarks, logos, names, and likenesses contained therein, without any
obligation by Host to pay any fees, residuals, guild payments, or other compensation of any kind
to any person; (b) User’s use, publication, and display of the content will not infringe any
copyright, patent, trademark, trade secret, or other proprietary or intellectual property right of
any person, or constitute a defamation, invasion of privacy, violation of any right of publicity, or
any other right of any person, including, with
				
DOCUMENT INFO
Description: This is a template that contains information about web hosting and includes a sample web hosting agreement. The information included in this document describes the role of web hosting, provides a checklist, and includes instructions on how to complete the sample agreement. The sample agreement contains all of the necessary terms of the contract, such as: definition of services, price, term, termination, warranties and obligations, user conduct, and electronic privacy notices. This template is useful for small businesses that want to learn more about web hosting or to web hosting companies that want a sample contract.
This document is also part of a package Website Domain Name Toolkit 4 Documents Included