Legal Contract Templates How to Write the Web Site Hosting Reseller Long Form Contract

Writing the Web Site Hosting Reseller Long Form Contract document

WEB HOSTING AND EMAIL RESELLER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as VAR or Reseller and company name hereafter referred to as Company or Provider. The purpose of this Agreement hereafter referred to as the Agreement is to set forth an Acceptable Use and Reseller Policy under which company name will provide Reseller services on behalf of Company. Terms and Conditions As service the standard VAR Agreement with Company is provided below.

1. Right to Resell. Subject to the terms and conditions of this Agreement Company grants VAR non exclusive right to resell its products and services to VARs customers with the following agreements. a Providers service will be provided on an as is as available basis. Further Provider 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 no warranty expressly includes any reimbursement for losses of income due to disruption of service by Provider or its providers beyond the fees paid to Provider for services. b VAR and VARs Customers VARs End Users or End 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 US Federal Government. c Use of any information obtained by way of Provider is at VARs own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Provider 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 Provider is not responsible for any damages arising from VARs use of Provider or by VARs Customers inability to use the Web Hosting and Email services for any reason. e Provider shall make every reasonable effort to protect data stored on Customers Server s. Provider is not responsible for VAR or VARs Customers data files or directories residing on Providers equipment. Customer is solely responsible for maintaining data files and back ups.

2. Representation. VAR shall maintain sales office for product promotion and is responsible for all costs incurred for the promotion and sale of Company products and services. VAR shall conduct business in its own name and shall not represent itself as an employee or agent of Company. Prospects may be registered with Company and will be protected for days. This protection may be renewed at Companys discretion for further days. 3. End User Pricing. End User Pricing and VAR Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. VAR may set their own End User pricing. Company is not responsible for misrepresentations inaccuracies errors or other pricing discrepancies made between VAR and any prospective customers that VAR may deal with. By using Companys Web Hosting services VAR agrees to comply with the following policies and assume responsibility for the compliance of all End Users permitted by VAR to use Company products and services. 4. Resale of Services Under this Agreement.

VAR is granted the right to resell Company services to third parties End Users under the following terms. Services include but are not limited to. Provisioning of email addresses Web Hosting and Storage Space Data Transfer FTP List Management or any other Service provided by Company now or in the future. Unauthorized resale use or misrepresentation of any Company products or services is strictly prohibited. 5. 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 law regulation or the accepted norms of the Internet community or the Community standards in which you live 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 or impact its customers or expose it to liability or tort. 6. 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 arbiters as to what constitutes violation of any of these provisions. 7. Misuse of System Resources.

It is violation for anyone who including but not limited to employs posts or programs which 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; resells access to CGI scripts installed on Company servers. Company reserves the right to terminate any service or process that uses disproportionate amount of any system resources immediately and without notice to the user. 8. Potentially Tortuous or Illegal Conduct. The following shall be construed as violations of this Agreement and may result in suspension or deletion of an End Users account or 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 is 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 VAR or VARs Customer 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 with intention to inflict emotional distress or violating trademarks copyrights or other intellectual property rights. c Sending of 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 VARs account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from VARs 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 your 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. 9. 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 attempts to overload system or broadcast attacks. VAR or their Sub accounts 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. 10. Domain Name Agreements Restrictions and Transfer Policies. Under ICANN policy Company is prohibited from allowing the transfer of domain name Registrars during the first 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 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. 11. 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. 12. DNS Information. Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. VAR 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. 13. Renewal of your Reseller Account. Renewal of Reseller account shall be automatic until cancelled by Reseller. Accounts shall be automatically renewed according to the terms set forth in this Agreement unless VAR submits notice of cancellation in writing to Company. 14. Account Cancellation Notification Fees or Refunds. Cancellations must be received in writing days prior to the account renewal date. Cancellations received after the renewal date shall be renewed at the rate set forth in this Agreement and then canceled at the end of the next billing cycle. Cancellations received within the first days after the renewal date will not be subject to the account cancellation fee so long as VAR pays all outstanding balances owed Company. Account cancellations received by Company prior to the renewal date shall be subject to Insert Cancellation Fee Amount cancellation fee. Domain name purchased by VAR through Company shall remain the property of Company after cancellation until VAR pays all outstanding balances owed Company. VAR may renew domain names registered through Company or its Affiliates for fee of domain registration fee per domain.

15. Credit Card Chargebacks. Cancellation of payment for any services under this Agreement conducted via credit card chargeback shall not be tolerated. Upon notification of chargeback Company will assume and retain ownership of any domain name registered with Company or on behalf of VAR. 100 fee per domain name will be assessed to VAR plus normal registration fees before Company releases the Domain name s. 16. 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 VAR via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict VAR or End User access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate VARs 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. 17. Compensation. Terms of payment are C. O. D. unless credit approval has been granted to VAR by Company. If credit approval has been granted credit terms are net upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than days. VAR is solely responsible for all hosting and billing payments to Company and agrees to hold Company harmless for any interuption of any products and services provided to VAR by Company under this Agreement. 18. Non Disclosure. Proprietary Information exchanged hereforth shall be treated as such by VAR and held in the strictest of confidence. This information shall include but not be limited to the provisions outlined in this Agreement product and services information pricing source code Company practices methodology and procedures. VAR further agrees to not distribute decompose disassemble decode or reverse engineer any Company program delivered to VAR or any portion thereof without prior written approval of Company. 19. Transfer of Rights.

Writing the Exhibit A (Payment Terms) document (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. If using VAR Reseller contract or for general pricing use the payment terms pricing plan at the end of the list of plans below. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement; B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion per the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees

B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month.

4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount B. Customer is billed at hourly rate per hour at the completion of each milestone.

C. The customer will not be liable for more than Insert Maximum Amount Liable for in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP

G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Exhibit and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals.

Card Number Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address

Company. company name Street. address address City. city Country. country EXHIBIT A PAYMENT TERMS Pricing Plan.

Insert your pricing plan here. Discounts. Insert any discounts available here. Restrictions. Insert any restrictions here.

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

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 Client The purpose of this Agreement hereafter referred to as the Agreement is to precede longer term contract arrangement under which Company will provide Web Hosting services on behalf of Client. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Client hereby agree as follows. 1. Terms.

Subject to the terms and conditions of this Agreement Company will provide Web Hosting services for Client subject to the following terms. a Length of Service. Client 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 Client 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 Client.

This Agreement will automatically renew for successive six or twelve month Terms unless canceled in writing by Client at least days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Clients account. 2. End User Pricing and Web Hosting 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. 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 Client. This information shall include but not be limited to the provisions of this Agreement product and services information and pricing. Client further agrees to not decompose disassemble decode or reverse engineer any Company program code or technology delivered to Client 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 Client including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Clients 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 Client 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 Copyrighted Material. Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

8. Transfer of Agreement. Client may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that Client contemplates whole or partial sale of its business ownership change or change in jurisdiction Client 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 the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by Client seeking relief from creditors upon mutual agreement in writing of Company and Client. 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. Client 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 Clients 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 Client. 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. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in 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

Client Initials Company Initials