Legal Contract Templates Hosting Contracts : Web Server Colocation Hosting Contract

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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals site, website, hosting collocation, collo, colo, co-location COLOCATION AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Company and CustCompany Customer The purpose this Agreement set forth long term arrangement under which Company will provide Colocated Web Hosting and related services Customer Definitions Colocation Space shall mean the physical space that the Server Equipment occupies Premises shall mean the physical structure dwelling which the Colocation Space exists Server Equipment shall mean all Customer provided Servers related equipment transferred Company under this Agreement Connectivity shall mean connection between Server Equipment and the Internet that allows for the transmission Data Data shall mean all information graphics email files any other objects existing now the future that can transmitted through from Server Equipment Unscheduled Emergency Maintenance shall mean all repairs upgrades maintenance tests that are not scheduled about which Customer has not received prior notification Agreements consideration the mutual covenants set forth this Agreement Customer and Company hereby agree follows Services Subject the terms and conditions this Agreement Company will provide Colocation services for Customer subject the following terms Length service Customer agrees minimum twelve month contractual term service Term The length contract required based the type service desired Customer and shall determined solely Company Service start date The first payment plus setup charges any shall due advance any service provided Service shall begin upon Company receipt payment for such first Term service upon mutually agreed upon alternate date Renewal Customer This Agreement will automatically renew for successive six twelve month Terms unless canceled writing Customer least thirty days prior the end Term renewal date Renewal prices are subject change Renewal services Customer indicates agreement any Agreement revisions and price changes Renewal fees for the following Term will automatically invoiced Customer account Provisioning and Colocation Space Company shall provide all accommodations relating the operation the Server Equipment including electricity premises security bandwidth and connectivity the Internet The type connectivity and level service shall set forth the Specifications attached hereafter Exhibit Access Colocation Space Customer shall have access Colocation Space hours day days week All access granted accordance with Company Data Center Security and Physical Access Policy attached hereafter Reference any internal policy documents Customer shall bear sole responsibility for any and all actions Customer employees contractors customers authorized vendors representatives any and all escorted persons Customer shall not allow unescorted persons access entry the Colocation space any time Support Services Support options and related services shall determined the Specifications attached hereafter Exhibit Uptime Guarantee Performance expectations and guarantee uptime and availability shall determined the Specifications attached hereafter Exhibit Allocation Internet Protocol Addresses Company shall assign otherwise provide Customer Internet Protocol Addresses hereafter referred Addresses IPs pursuant the Specifications Addresses assigned provided Customer are temporary designations and Company reserves the right change reassign addresses needed addresses shall remain the sole property Company and are not transferable End User pricing and Compensation End User Pricing and Compensation outlined Exhibit attached and subject change the sole discretion Company Terms payment Terms payment are unless credit approval has been granted Customer Company credit approval has been granted credit terms are net days upon receipt invoice reserve the right revoke any credit extended payment arrears for more than days Proprietary information Proprietary information exchanged here under shall treated such Customer This information shall include but not limited the provisions this Agreement product and services information and pricing Customer further agrees not decompose disassemble decode reverse engineer any Company program code technology delivered Customer any portion thereof Censorship Data Company will exercise control whatsoever over the content the information Data passing through the system data center Warranties Company makes warranties representations any kind whether expressed implied for the service providing Company also disclaims any warranty merchantability fitness for any particular purpose and will not responsible for any damages that may suffered Customer including loss Data resulting from delays non deliveries service interruptions any cause errors omissions Customer Use any information obtained way Company Customer own risk and Company specifically denies any responsibility for the accuracy quality information obtained through its services Connection speed represents the speed end end connection Company does not represent guarantees speed availability end end connections Company expressly limits its damages Customer for any non accessibility time other down time the pro rata monthly charge during the system unavailability Company specifically denies any responsibilities for any damages arising consequence such unavailability Maintenance Company may from time time conduct routine repair upgrades maintenance tests any part the Server Equipment dependent related systems services located Colocation Space Company shall notify Customer all scheduled maintenance advance via email phone the event Unscheduled Emergency Maintenance Company shall make every effort minimize the impact Customer Insurance Customer shall responsible for insuring all Server Equipment and shall hold Company harmless from all claims resulting out damage fire any other casualty loss Transfer Customer may not assign transfer this Agreement whole part without the prior written consent Company the event that Customer contemplates whole partial sale its business ownership change change jurisdiction Customer shall notify Company mail facsimile email less than sixty days prior the effective date the event Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provision the Agreement upon receipt written notice from Company said failure appointment Receiver the filing any application Customer seeking relief from creditors mutual agreement writing Company and Customer Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals 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 whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with Customer marketing support services the product services the unauthorized representation the product and services any breach this Agreement Customer General any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby This Agreement and any disputes arising hereunder shall governed the laws State State failure any party exercise delay exercising right power conferred upon this Agreement shall not operate waiver any such right power The parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signatures below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Company Initials

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