Legal Contract Templates Acceptable Use Policy Template

Writing the Acceptable Use Policy Template document

COMPANY ACCEPTABLE USE POLICY AUP THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The purpose of this policy is to set forth an Acceptable Use Policy AUP by which Customer will abide while using renting leasing or otherwise making use of Company goods and services. By using Companys Web Hosting and Email services Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customers Users permitted by Customer to use Company products and services. Terms and Conditions As service the standard Acceptable Use Policy is provided below.

1. Right to Service. a Companys service will be provided on an as is as available basis. Further Company provides no warranty written expressed or implied for any Web Hosting and Email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services. b Customer and Customers Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the U. S. Federal Government. c Use of any information obtained by way of Company is at Users own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Company makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance. d Company is not responsible for any damages arising from Customers or Customers Users use of Companys Services or by any inability to use the Web Hosting and Email services for any reason. e Company shall make every reasonable effort to protect data stored on Customers Server s. Company is not responsible for Customer or Customers Users data files or directories residing on Companys equipment. Customer is solely responsible for maintaining data files and back ups. 2. Limit of Liability. Company shall not be liable for any content posted opinions expressed or actions taken by any of the Users of Company services. Any conduct that violates the laws regulations or the accepted norms of the Internet community or the community standards in which the User lives whether expressly mentioned in this Agreement or not is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill endanger its network impact its Customers or expose it to liability or tort. 3. Modification of Agreement.

Company reserves the right to add modify or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes violation of any of these provisions. 4. Misuse of System Resources. It is violation for anyone who including but not limited to employs posts or programs that consume excessive CPU time server memory or storage space; permits the use of mail services mail forwarding capabilities POP accounts or auto responders other than for their own account; or resells access to CGI scripts installed on Company servers. Company reserves the right to immediately and without notice to the User terminate any service or process that uses disproportionate amount of any system resources. 5. Potentially Tortuous or Illegal Conduct. The following shall be construed as violations of this Agreement and may result in suspension or deletion of Customers Users account or in Termination of this Agreement. a Company products and services may only be used only for lawful purposes. Transmission distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes without limitation material protected by copyright trademark trade secret or other intellectual property right used without proper authorization or material that is obscene defamatory constitutes an illegal threat or violates export control laws. Non acceptable content or links may include but are not limited to. Pirated software Hackers programs or archives Warez Game Mods or Patches Irc Bots Chat Sites Servers Pornography and Adult Content TGP or any other file or media deemed by Company to be illegal or for which Customer or Customers Users do not have the legal right to use post or otherwise store on Company servers. b No one shall post defamatory scandalous or private information about person without their consent or with intention to inflict emotional distress or post any information that violates any rightful trademarks copyrights or other intellectual property rights. c Sending unsolicited email messages Spam from or through Companys servers including without limitation commercial advertising or informational announcements shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customers account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customers account. d Posting to any Usenet or other newsgroup forum email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.

e Engaging in any of the foregoing activities using the service of another provider but channeling such activities through Company provided server or using Company provided server as mail drop for responses. f Any unauthorized distribution or copying of copyrighted material violations of U. S. export restrictions harassment fraud dealing in contraband and other illegal activities or dealing in content and material that has been deemed illegal in the Users community state province or municipality. g Falsifying any User information provided to Company or to other Users of the service in connection with the use of Company service. 6. System and Network Security. Violations of system or network security are strictly prohibited and may result in criminal or civil liability. Examples include but are not limited to. allowing unauthorized access use probe or scan of any Company system security authentication measures data or traffic; interference with service to any User host or network mail bombing flooding or attempts to overload system or broadcast attacks. Customers or Customers Users shall not engage in forging of any TCP IP packet header email headers or any other information provided or passed through Company Systems or Network at any time.

7. Domain Name Agreements Restrictions and Transfer Policies. Under ICANN policy Company is prohibited from allowing the transfer of domain name Registrars during the first sixty days after initial registration of the domain name. This applies to ALL domain names regardless of where they are purchased. Domain names cannot be transferred to or from Companys system within this period. Beginning on the sixty first 61st day after the initial registration the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN. ORG. 8. Domain Name Transfer Notifications. Company does not guarantee that all domain name transfers or updates to DNS records MX records Aliasing Records URL forwarding domain name forwarding or other Registrar or DNS related service or product will succeed. 9. DNS Information. Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include but is not limited to. timeouts resulting from delay in owner or registry approval incorrect contact information in the WHOIS record or attempted transfers of domains that are not transferable for any other reason.

10. Consequences of Violation. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement or any other policy that has been posted on its web site made available to Customer via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict Customer or Customers Users access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate Customers account without notice or refund or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment refunds or compensation in any way for service disruptions or termination resulting from violations of this Agreement. The undersigned represents and warrants that on the date first written above the undersigned is authorized to enter into this Agreement in its entirety and duly binds respective principals by the signature below. EXECUTED as of the date first written above. company name

By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials

How to write my Web Site Dedicated Hosting Contract document (alternate or related contract document)

DEDICATED WEB HOSTING AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer The purpose of this Agreement hereafter referred to as the Agreement is to set forth long term contract arrangement under which Company will provide Dedicated Web Hosting services on behalf of Customer. Definitions Dedicated shall mean single server or servers that Customer has exclusive use of. Shared Hosting shall mean single server or servers that Customer shares with other third parties. Services shall mean all actions support or work otherwise performed by Company under this Agreement. Server Type shall mean the Server Model Operating System Processor Speed Amount of Memory and all related information concerning the server. Bandwidth shall mean all metered or measured Internet traffic inbound or outbound from server.

Disk Space shall mean all physical hard drive space allocated under the Hosting Specifications. Service Level shall mean the agreed upon plan that outlines the amount of ongoing and routine maintenance upgrades patches monitoring or other support for the server. Support Level shall mean the agreed upon plan that outlines the amount of help and assistance Company provides to Customer. Hosting Specifications shall mean the document that specifies the amount of bandwidth disk space memory connectivity service level support level and server type. Required Resources shall mean all disk space software hardware or services directly affecting or required for providing Dedicated Web Hosting services and set aside or subtracted from any amounts listed under Hosting Specifications. Available Resources shall mean the sum total of Required Resources deducted from the Hosting Specifications.

Customers Users shall mean all individuals agents vendors customers or other third parties that Customer grants access to Company resources. Acceptable Use Policy shall mean the Terms and Conditions that Customer and any of Customers Users must abide by. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. As service the standard Dedicated Web Hosting Agreement with Company is provided below. 1. Service. Subject to the terms and conditions of this Agreement Company will provide Dedicated Web Hosting services for Customer subject to the following terms. a Length of service. Customer agrees to an initial six month or twelve month contractual term of service Term The length of contract required is based on the type of service desired by Customer and shall be determined solely by Company.

b Service start date. The first payment plus setup charges if any shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon mutually agreed upon alternate date. c Renewal by Customer. This Agreement will automatically renew for successive six or twelve month Terms unless canceled in writing by Customer at least thirty days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following Term will be automatically invoiced to Customers account. 2. Compensation. End User Pricing and Web Hosting Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company.

3. Payment. Terms of payment are C. O. D. unless Company has granted credit approval. If credit approval has been granted credit terms are net ten days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than thirty days. 4. Proprietary information. Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include but not be limited to the provisions of this Agreement product and services information and pricing. Customer further agrees to not decompose disassemble decode or reverse engineer any Company program code or technology delivered to Customer or any portion thereof. 5. Censorship of data.

Company will exercise no control whatsoever over the content of the information passing through the network email or web site. Customer agrees to abide by Companys Acceptable Use Policy AUP attached hereafter as Exhibit and to make Companys AUP available to all of Customers Users and to take full responsibility for Customers Users use of the services provided to Customer by Company. 6. Warranties. Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end to end connection. Company does not represent guarantees of speed or availability of end to end connections. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability. 7. Trademarks and copyrights. Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. 8. Transfer. Customer may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business ownership change or change in jurisdiction Customer shall notify Company by mail facsimile or email no less than sixty days prior to the effective date of the event.

9. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or the filing of any application by Customer seeking relief from creditors mutual agreement in writing by Company and Customer. 10. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 11. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer. 12. General. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising hereunder shall be governed by the laws of state or province State. failure by any party to exercise or to delay exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below.

EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

Customer Initials Company Initials

How do you write a Email Hosting (Shared Server) Contract document? (alternate or related contract document)

EMAIL HOSTING AGREEMENT SHARED SERVER THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer The purpose of this Agreement hereafter referred to as the Agreement is to set forth contract arrangement under which Company will provide Email Hosting services Shared Email Hosting Services on behalf of Customer. Agreements In consideration of the mutual covenants set forth in this Agreement Company and Customer hereby agree as follows.

1. Terms. Subject to the terms and conditions of this Agreement Company will provide Shared Email Hosting Services for Customer subject to the following terms. a Length of Service. Customer agrees to an initial six month or twelve month contractual term of service Term The length of contract required is based on the type of service desired by Customer and shall be determined solely by Company. b Service Start Date. The first payment plus setup charges if any shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first term of service or upon mutually agreed upon alternate date. c Renewal by Customer. This Agreement will automatically renew for successive six or twelve month terms unless canceled in writing by Customer at least days prior to the end of term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customers account. d Type of Service.

This service agreement provides shared email server using Insert Mail Server Type Description and includes Web Mail email accounts are accessible through web browser as well as POP SMTP or IMAP protocols for sending and receiving email from desktop email client. Customer will share server space with other domains and not have an exclusive right or reservation of the resources and or disk space that the server may have available to it. e Limitations of Service. Company is not responsible for training Customer or Customers employees on the use of their respective email clients. Company is not responsible for troubleshooting email problems not directly related to the Shared Email Hosting Services and the Companys equipment facilities or servers. Company is not responsible for maintaining and renewing Customers domain name MX records or other DNS related functions if Customers domain name is not hosted by the Company. Company is not responsible for Customers domain being listed on any third party blacklist or suppression list not under Companys direct control.

Company is not responsible for troubleshooting or correcting any problem with Customer being able to send or receive email to or from third party due to blacklists suppression lists third party software or firewalls network security settings or any other factor not directly under Companys control. 2. End User Pricing and Shared Email Hosting Services Compensation. End user pricing and Shared Email Hosting Services compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. 2 Excessive Use of Services. Company may impose an additional charge or restriction of services at any time that Customers use of the Shared Email Hosting Services imposes considerable effect on Company resources or system performance. Company shall have sole discretion as to what constitutes excessive use and what activity is considered violation of either the Company Acceptable Use Policy or level of service that the Customer is currently using. Company is responsible for monitoring such excessive use for the account as whole and has no responsibility to identify Customers individual end user employee or other agent who may or may not be responsible for the excessive use of services.

3. Terms of Payment. Terms of payment are C. O. D. unless credit approval has been granted by Company. If credit approval has been granted credit terms are net days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than days. 4. Proprietary Information. Proprietary information exchanged here under shall be treated as such by Customer. This information shall include but not be limited to the provisions of this Agreement product and services information and pricing. Customer further agrees to not decompose disassemble decode or reverse engineer any Company program code or technology delivered to Customer or any portion thereof. 5. Censorship. Company will exercise no control whatsoever over the content of the information passing through the network email or web site. 6. Warranties. Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end to end connection. Company does not represent guarantees of speed or availability of end to end connections. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability.

6 Shared Email Hosting Services Disclaimer. Company is not responsible for the actions of other Customers it may place on the Shared Email Hosting Services server or any other resource that the Customer may use. Company will make every effort to ensure that all Customers abide by the Company Acceptable Use Policy AUP and will periodically review Customer activity in order to ensure compliancy with the AUP. 6 Antivirus Trojan and Malicious Code Disclaimer. Company email servers make use of enterprise class antivirus software in order to protect the server and detect virus infected email messages. Infected email messages will be handled per Company policy and preferences prior to the customer receiving the messages. Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning in their Shared Email Hosting Services control panel. Due to the nature of virus trojan and other malicious code dangers Company makes no warranty that these features will detect delete or otherwise protect Customer from these dangers. Customer is responsible for implementing their own internal policies and procedures for opening potentially dangerous attachments and is encouraged to install antivirus software on all access points or computers using Company Shared Email Hosting Services. 7. Trademarks and Copyrighted Material. Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. 8. Transfer of Agreement. Customer may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business ownership change or change in jurisdiction Customer shall notify Company by mail facsimile or email no less than days prior to the effective date of the event.

9. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of this Agreement or the Acceptable Use Policy upon receipt of written notice from Company of said failure appointment of receiver or upon the filing of any application by Customer seeking relief from creditors upon mutual agreement in writing of Company and Customer. 9. 1. Account Deactivation Termination or Cancellation. Upon account deactivation termination or deletion all stored files logs email messages attachments address book entries mailing lists or other data stored on Company servers will be immediately deleted immediately. Company has no obligation or responsibility to store Customers data after Customers account has been deactivated or terminated. 10. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 11. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer.

12. General. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name

By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Company Initials