Writing the Web Site Dedicated Hosting 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 a long-term contract arrangement under which Company will provide Dedicated Web Hosting services on behalf of Customer. "Dedicated" shall mean a single server or servers that Customer has exclusive use of. "Shared Hosting" shall mean a 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 a 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.
"Customer's 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 Customer's Users must abide by.
In consideration of the mutual covenants set forth in this Agreement, Customer and Company hereby agree as follows:
As a service, the standard Dedicated Web Hosting Agreement with Company is provided below.
Subject to the terms and conditions of this Agreement, Company will provide Dedicated Web Hosting services for Customer subject to the following terms:
Length of service
Customer agrees to an initial six (6) month or twelve (12) 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.
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 a mutually agreed upon alternate date.
Renewal by Customer
This Agreement will automatically renew for successive six (6) or twelve (12) month Terms unless canceled in writing by Customer at least thirty (30) 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 Customer's account.
End User Pricing and Web Hosting Compensation is outlined on Exhibit A, attached, and is subject to change at the sole discretion of Company.
Terms of payment are C.O.D. unless Company has granted credit approval. If credit approval has been granted, credit terms are net ten (10) days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than thirty (30) days.
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.
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 Company's Acceptable Use Policy ("AUP"), attached hereafter as Exhibit B, and to make Company's AUP available to all of Customer's Users and to take full responsibility for Customer's Users' use of the services provided to Customer by Company.
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 Customer's 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 a consequence of such unavailability.
Trademarks and copyrights
Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
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 (60) days prior to the effective date of the event.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver, or the filing of any application by Customer seeking relief from creditors, 3) mutual agreement in writing by Company and Customer.
If legal proceedings are commenced to resolve a 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.
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 Customer's 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.
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 State. A failure by any party to exercise or to delay exercising a right or power conferred upon it in this Agreement shall not operate as a 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.