Web Site Hosting Contract

This hosting agreement establishes how a provider will deliver web hosting to a business customer under an initial term of six or twelve months with automatic renewals. Renewal pricing may change at the provider's discretion, and renewal constitutes acceptance of any amendments. End-user pricing appears in an exhibit, and the contract allows the host to change prices without a defined price change notice period.

Payment terms are C.O.D. or, with approval, net 10; unlike a typical net 30, the provider may revoke credit if a past due invoice exceeds 30 days.

The agreement emphasizes confidentiality obligations for proprietary and nonpublic information. Client warranties cover trademark usage policies; the user represents that it has the right to its materials. No content control is exercised by the provider, so the client remains responsible for user content, content licenses, consents, permissions, and compliance with laws affecting electronic commerce and protection of personal information using reasonable care.

Service commitments are limited. The provider disclaims representations and warranties, including fitness and merchantability, and limits credits to a pro-rata amount for less than uptime. The document does not define hosting standards, server response, mean response time, server logs, access authentication specifics, denial of service attacks handling, remote server locations, server IP allocations, electronic mail support levels, or customer service metrics.

It also does not address archival or back-up copies, the copy of the past days retained, self-restore, self-restore any deleted mail, data recovery fee, or operation of third-party applications. Shadow site failover is not included.

Termination for cause allows the provider to end services for failure to comply (a material breach) or upon appointment of a receiver (bankruptcy). Automatic termination is not specified. Disputes award litigation expense, including expert witness fees, to the prevailing party.

Notice provisions appear only in a limited transfer clause. The contract does not expressly state the relationship of the parties as independent contractors, delegation of performance, force majeure, entire agreement, counterparts, electronic signatures or counterparts electronic signatures, witness or notary requirements, electronic form execution, domain name management, acceptance testing or acceptance period, change order practices, design fee, or a milestone delivery schedule. Many organizations add these by amendments and define credit request procedures and whether a reseller may resell the services.

Use cases include startups hosting an app, agencies hosting client sites, and e-commerce firms needing reliable uptime.

Proposal Kit helps businesses assemble and customize such agreements, align pricing with automated line-item quoting, and use the AI Writer to build supporting documents from its extensive template library, improving ease of use and consistency.

Beyond the basics, businesses should consider how the agreement treats confidential information throughout the service lifecycle. The document references proprietary information but does not state when disclosure is permitted under a valid order by a court or how long confidentiality survives termination. Many providers align their data-handling and security standards with industry best practices to reduce risk. Likewise, the contract does not define an independent contractor relationship, which can help clarify that neither party is an agent of the other and reduce conflict of interest concerns when the client markets, supports, or potentially resells related services.

Operationally, the agreement is silent on out-of-scope tasks. Providers often list customary rates for migrations, restores, or emergency support so both sides know the cost structure before issues arise. Liability language here is broad; some companies add carve-outs so limitations do not apply in cases of gross negligence or willful misconduct, reflecting common market expectations while still controlling exposure.

For growing organizations, practical use cases include consolidating multiple sites under one provider, onboarding new product microsites on short notice, and hosting seasonal campaign pages without renegotiating terms each time. Proposal Kit can streamline building and maintaining these documents by generating consistent clause language, assembling tailored contract packages from its template library, and pairing agreements with automated line-item quoting and AI-assisted supporting materials, helping teams move faster while keeping terms organized and easier to manage.

Additional considerations can tighten performance, security, and operational clarity. Define how domain name registration, DNS changes, and any server IP allocations are handled, including who approves transfers. Specify access authentication standards (for example, MFA or IP allowlists) and what server logs are retained, who can access them, and for how long, especially when logs may include personal information. Performance metrics can add accountability: outline server response objectives, response time targets, and how the mean response time is measured and reported.

Service robustness is another gap. Spell out how denial of service attacks are addressed, what constitutes less than uptime, and the credit request procedures and time limits for seeking credits. If email is included, describe the electronic mail support scope, whether users can self-restore any deleted mail or request a copy of the past days, and any data recovery fee. Clarify archival or back-up copies retention windows and whether restores are self-serve or ticketed customer service.

Integration and sourcing also merit attention. Note compatibility expectations for third-party applications, and whether delegation of performance to subcontractors is permitted with notice. Include a force majeure clause that aligns with industry best practices so that unavoidable events do not trigger termination for cause or a material breach.

For governance, include an entire agreement clause, an amendments process, and precise notice provisions. Allow execution in counterparts; electronic signatures and electronic form, and specify if a witness or notary is required. A milestone delivery schedule, acceptance testing, acceptance period, change order process, and any design fee may be added when hosting is bundled with build or migration projects. Proposal Kit's document assembly, AI Writer, and template library help teams insert these provisions consistently and tailor them to the business context.

How do you write a Web Site Hosting Contract document? - The Narrative

How to Build a Legal Contract with Proposal Kit

This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.