Sample Hosting Agreement (DOC) by hexsun


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									Sample Hosting Agreement
THIS HOSTING AGREEMENT is made the ______ day of _________, 20___

BETWEEN: [Name of Company or Individual] of [Address] (“the Principal”)

AND: [Name of Hosting Provider] of [Address] (“the Hosting Provider”).

A.   The Principal has requested that the Hosting Provider to provide Hosting Services to the
B.   The Hosting Provider has agreed to provide the Hosting Services to the Principal upon,
     and subject to, the following terms and conditions.


1.   Hosting
     1.1      The Hosting Provider will provide the Hosting Services to the Principal.
     1.2      The Hosting Services shall be provided for a period of twelve (12) months.
     1.3      At the end of the initial twelve (12) months in clause 1.2, the Hosting Services
              will be provided by the Hosting Provider on a month-by-month basis until such
              time as this Agreement is terminated by either party, pursuant to clause 4 of this

2.   Payment
     2.1      The Principal will pay the Hosting Provider the Service Fee.
     2.2      The Hosting Provider will invoice the Principal at the end of each month for the
              Service Fee.
     2.3      The Principal must pay the invoice within fourteen (14) days from the date the
              invoice was received.

3.   The Customer Content
     3.1      The Principal grants the Hosting Provider a limited, non-exclusive, royalty-free,
              non-sublicensable license to the Hosting Provider to host, reproduce, transmit,
              cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify,
              create derivative works from, and otherwise use the Principal Content as
              necessary to provide the Services to the Principal.

4.   Acceptable Use
     4.1      The Principal will adhere to all applicable laws, rules, and regulations.

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5.   Archiving Data
     5.1      The Hosting Provider will archive the Principal’s data onto a backup mechanism
              on a regular basis.

6.   Warranty
     6.1      All warranties, conditions and representations whether express or implied other
              than express warranties stated by the Hosting Provider in writing are expressly
              excluded except in circumstances whereby the Hosting Provider is by law unable
              to exclude or limit such liability.

7.   Termination
     7.1      Either party may terminate this Agreement by giving the other party thirty (30)
              days’ notice of its intention to terminate.

8.   Confidentiality
     8.1      The Hosting Provider agrees that it must not use the Confidential Information for
              any purpose other than for the benefit of the Principal during or after the Term;
     8.2      The Hosting Provider agrees to return to the Principal any or all of the
              Confidential Information on the request of the Principal.

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Sample additional issues that should be considered and discussed with your lawyer when
drafting a Hosting Agreement for your business are:
1.    What will be the service fee for the Hosting Services?
2.    How long is the Agreement for?
3.    Are there any automatic renewal periods?
4.    What are the grounds for terminating?
5.    What notice must be given before termination is permitted?
6.    What penalties are there for early termination, if any?
7.    Are there any technical limitations on the hosting of the website; for example, storage
      size, bandwidth?
8.    Does the website require a particular bandwidth for traffic to or from the website?
9.    How will the website be updated, or files uploaded?
10.   Who has responsibility for backups of the website, and for any customer records and
11.   How often and in what manner will backups be made?
12.   What information is the Host Provider responsible for keeping in relation to the site?
13.   Who is responsible for security in relation to the website?
14.   What warranties and indemnities has the Host Provider given for the above issues?
15.   Can the Host Provider provide weekly site usage reporting?
16.   What extra services are offered by the Host Provider?
17.   At what rate must the Hosting Services be available to the Principal? Is this guaranteed?
      Are there any penalties for breaching the guarantee?
18.   What materials used in the provision of the Services will need to be returned, and to
19.   What is the relationship of the parties to the Agreement?
20.   How are notices to be provided under the Agreement?
21.   How will the Agreement be varied if necessary?
22.   Can either party give their rights under the Agreement to someone else?

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