When to Use This Hosting Agreement
This Hosting Agreement governs the relationship between a Web Site Host and a Client. Use this Web Hosting Agreement whenever you provide web site
hosting services to a client. The hosting contract template includes each of the provisions listed here:
Agreement Provisions Included
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Scope of Services
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Price and Payment
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Term and Termination
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Customer Service
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User’s Warranties and Obligations
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Ownership of Intellectual Property
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Warranty and Disclaimer
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Limitation of Liability
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Indemnification of Host
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Confidential Information
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Relation of Parties
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Employee Solicitation/Hiring
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Non-assignment
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Arbitration
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Attorneys' Fees
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Severability
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Force Majeure
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No Waiver
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Entire Agreement
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What This Agreement Protects
The Web Site Hosting Agreement protects you from liabilities associated with the hosting of third-party web sites on your servers. In addition to the
basic agreement provisions, you’ll also receive three template addendums - SOW, SLA and AUP - which are vital to protecting and defining your contract
hosting terms and conditions.
Get Additional Protection with 3 Free Template Addendums!
Statement of Work Template
A SOW or Statement of Work template is included as Exhibit A to help you clearly define the scope of services you will provide on an ongoing basis for
your website hosting client. The web hosting contract terms state the rights and responsibilities of each party over the term of the Agreement.
Service Level Agreement Template
A Service Level Agreement Template (SLA) is included as Exhibit B. The SLA in the hosting contract specifics the additional services that you agree to
provide for the client. This may include related services like ongoing or emergency technical support, preventive maintenance, server maintenance,
downtime provisions and uptime guarantees..
Web Hosting Acceptable Use Policy Template
A Web Hosting Acceptable Use template or AUP is included as Exhibit C to help you clearly define your policy regarding acceptable content and use of
your web site servers. An acceptable use policy is a critical component to ensuring your hosting customers know upfront that certain type’s offensive
or obscene content are not permitted their website, and that they are not permitted to use the server for spamming, spreading malware/viruses or used
to otherwise aid in hacking of other websites or machines Exhibit C also indicates how to report violations and a section for customizing your
individual hosting company’s policies.
Exhibit A: Statement of Work
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Preamble
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Project Background
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Scope
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Key Tasks and Milestones
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Project Deliverables
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Time and Cost Estimates
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Price and Payment
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Invoices
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Payment
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Project Organization and Personnel Requirements
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Supporting Documentation
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Expenses
Exhibit B: Service Level Agreement
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Downtime
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Technical Support
Exhibit C: Web Hosting Acceptable Use Policy
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Acceptable Use
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Reporting of Violations of This Acceptable Use Policy
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Revisions to This Acceptable Use Policy
Sample Text from the Website Hosting Agreement Template
1. Scope of Services
Host will provide the services set forth in Exhibit A (the "Services”). Hosting services will be provided according to the terms described in Exhibit B
("Service Level Agreement").
2. Price and Payment
User will pay Host for Hosting Services according to the terms set forth in Exhibit A. User will 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 forty-five (45) days written notice to User, but such increases shall not exceed ten percent (10%) of the rate currently being
charged at that time.
3. Term and Termination
A. Hosting Services will commence on the Effective Date of this Agreement and will extend for a period of and will automatically renew from year to
year thereafter, unless earlier terminated as provided herein. User may terminate this Agreement without cause upon at least thirty (30) days written
notice to Host...