Web hosting contract template (US)

Web Hosting Services Agreement

This Agreement is made on Effective Date between Provider Name, a Provider Entity Type and State, at Provider Address ("Provider"), and Customer Name, at Customer Address ("Customer").

1. Services

Provider will host Customer's website and related services described here (the "Services"):

• Plan: Hosting Plan, such as Shared, VPS or Dedicated

• Storage: Storage Amount; bandwidth: Bandwidth Allowance

• Domains hosted: Domain Names

• Email accounts: Email Accounts

• SSL certificate: SSL Terms

• Backups: Backup Frequency, kept for Backup Retention Period

2. Term and Fees

The term starts on Start Date and lasts Initial Term, renewing for the same period unless either party gives notice of non-renewal Non-Renewal Notice Days days before the end. Fees: $Fee Amount per Billing Period, billed in advance. Overage charges: Overage Rates. Provider may change fees on renewal with Price Change Notice Days days' notice. If automatic renewal applies, Provider will give any reminder notice state law requires.

3. Service Level

Provider will use commercially reasonable efforts to keep the Services available Uptime Percent% of each month, excluding scheduled maintenance announced Maintenance Notice Hours hours ahead and events beyond its control. If it fails, Customer's sole remedy is a credit of Service Credit Terms of that month's fee, if requested within Credit Request Days days.

4. Support

Support is available by Support Channels during Support Hours, with response targets of Response Times.

5. Acceptable Use

Customer will not use the Services to host illegal content, infringe intellectual property, send spam in violation of the CAN-SPAM Act, distribute malware, or attack other systems. Provider may suspend Services that violate this section after notice, or at once where needed to prevent harm, and will respond to valid DMCA takedown notices.

6. Customer Content and Data

Customer owns its content and data. Provider will use them only to provide the Services, will protect them with reasonable security measures, and will notify Customer of a security breach affecting them as the law requires. Customer is responsible for its own website software, passwords and compliance with privacy laws for data it collects.

7. Backups

Provider's backups are a convenience, and Customer should keep its own copies. Provider is not liable for lost data except to the extent caused by its gross negligence.

8. Domains

Domain names registered for Customer will be registered in Customer's name, and Provider will give Customer the transfer codes on request, as registry rules allow.

9. Termination

Either party may end this Agreement if the other materially breaches and does not cure within Cure Days days after written notice. On termination, Provider will keep Customer's data available for download for Data Retrieval Days days, then delete it.

10. Limitation of Liability

EXCEPT AS STATED, THE SERVICES ARE PROVIDED "AS IS." NEITHER PARTY IS LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, AND PROVIDER'S TOTAL LIABILITY IS LIMITED TO THE FEES PAID IN THE Liability Months MONTHS BEFORE THE CLAIM, TO THE EXTENT THE LAW ALLOWS.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Assignment. Neither party may assign this Agreement without the other's written consent, except to a successor to its whole business.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Provider | Customer |

| --- | --- |

| Signature: Provider Signature | Signature: Customer Signature |

| Name: Provider Printed Name | Name: Customer Printed Name |

| Date: Provider Signing Date | Date: Customer Signing Date |