VIEWS: 2,586 PAGES: 6 CATEGORY: IT Service Agreements POSTED ON: 6/28/2011
This is an agreement between a web hosting company and a consumer for web hosting services. The document contains all of the necessary terms of an agreement, such as the definition of services, price, term, termination, warranties and obligations, contract modification and indemnity. In addition, this agreement provides the specific bandwidth, email accounts, and storage that the host will provide the consumer. This agreement is useful for small businesses that offer web hosting services, or for other businesses that want to a company to host their website.
This is an agreement between a web hosting company and a consumer for web hosting services. The document contains all of the necessary terms of an agreement, such as the definition of services, price, term, termination, warranties and obligations, contract modification and indemnity. In addition, this agreement provides the specific bandwidth, email accounts, and storage that the host will provide the consumer. This agreement is useful for small businesses that offer web hosting services, or for other businesses that want to a company to host their website. Website Hosting Agreement This agreement (“Agreement”) is made on the (date), between (Name of Owner), a corporation organized and existing under the laws of the state of (name of state), with its principal office located at (street address, city, state, zip code), referred to herein as “Owner,” and (Name of Host), a corporation organized and existing under the laws of the state of (name of state), with its principal office located at (street address, city, state, zip code), referred to herein as “Host.” Owner and Host are sometimes referred to collectively in this Agreement as the “Parties.” Whereas, Owner desires to engage Host for the purpose of storing Owner's site on the World Wide Web (the “Website”) and making it available for browsing on the Internet; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the Parties agree as follows: 1. Definitions A. Browser. The term Browser refers to a program used to provide interactive, graphical access to sites on the World Wide Web. B. Internet. The term Internet refers to the global network of computers using the TCP/IP protocol for communication. C. Web. The term Web refers to the World Wide Web. The Web is a graphical interface used to access sites on the Internet. D. Website. The term Website refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single host server computer. 2. Hosting Services. Host will provide the following services to Owner (the Hosting Services): A. Storage. 30 megabytes (MB) of disk space on Host's server for storage of the Website and any data files associated with the Website. Additional disk space is available at the rate of ______________ ($_______) Dollars per MB each month. B. Bandwidth. 500 MB of monthly bandwidth (data transfer). Additional bandwidth utilized will be billed monthly at the rate of ______________ ($________) per 1 MB in excess of 500 MB each month. C. E-mail Accounts. 20 e-mail (POP3) accounts. Additional e-mail accounts may be purchased for ______________ ($________) per account. D. Availability of Website. The Website will be available to Internet users approximately 24 hours a day, normal maintenance and unforeseen hardware or © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 communications problems excepted. To minimize server downtime during peak usage periods, Host will schedule routine maintenance between the hours of (time) and (time) of (name) day. E. Log Information. Owner will have access to Website usage statistics and raw log files in real time via the Web. F. Backups. Host will back up the Website and all data files associated with it at least once each day and will store the backup materials in a safe secure location, suitable for magnetic media, and not at the same location as Host's server. G. Owner Modifications of Website. Host will provide Owner with a password protected File Transfer Protocol (FTP) account for the purpose of updating the Website and transferring data from and to the Host's server. Owner may modify or change the content of the Website using its FTP account as frequently as it desires without charge. H. Internet Connection. Host will maintain two redundant T3 connections to the Internet on diverse backbones. 3. Compensation. The price for the Hosting Services will be _________ ($_______) per month (the Total Price). Host will provide technical support at the rate of ___________ ($_______) per hour. The cost of Hosting Services and technical support will not increase for a period of one year from the date of this Agreement. Host will invoice Owner for Hosting Services and any technical support on a monthly basis. Invoices will be paid within 15 days of receipt. 4. Owner Warranties. Owner represents and warrants to Host that: A. Owner owns or has the right to use all material contained in the Website, including all text, graphics, sound, video, programming, scripts, and applets; and B. The use, reproduction, distribution, and transmission of the Website, or any information or materials contained in it, on and from Host's server computer does not: (i) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (ii) violate any criminal laws; (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation. 5. Limitations of Warranties and Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, HOST DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. HOST WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL HOST'S LIABILITY EXCEED THE TOTAL PRICE, AS DEFINED IN THIS AGREEMENT. 6. Right to Monitor and Remove Unacceptable Sites. Host has the right, but not the duty, to review and monitor all content submitted for or included on the Website, and in its sole discretion to remove any content that Host finds objectionable for any reason, without prior notice to Owner. 7. Indemnity. Owner is solely responsible for any liability arising out of or related to the Website. Owner agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney's fees and experts' fees, associated with any claim or action brought against Host related to or arising out of the Website or Owner's breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement. 8. Term of Agreement. This Agreement will take effect on the date set forth above and remain in effect for a period of 1 year. 9. Termination. Either Party may terminate this Agreement on (number) days written notice. 10. Assignment. This Agreement may not be assigned by either Party or by operation of law to any other person, firm, or entity without the express written approval of the other Party. 11. Modifications. This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by each Party to be bound. 12. Force Majeure. Either Party will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the Party. However, to be excused from delay or failure to perform, the Party must act diligently to remedy the cause of the delay or failure. 13. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 14. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state). © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 15. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 16. Attorney’s Fees. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 17. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the Parties hereto. If the Parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 18. Entire Agreement. This Agreement shall constitute the entire agreement between the Parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 19. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 20. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 22. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both Parties. WITNESS our signatures as of the day and date first above stated. (Name of Owner) (Name of Host) By: ____________________________ By: _______________________________ (Signature of Officer) (Signature of Officer) ________________________________ ___________________________________ (Printed Name & Office in Corporation) (Printed Name & Office in Corporation) © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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