This is an agreement between a web hosting company and a customer for web hosting
services. This agreement includes a series of fully customizable attachments. These
attachments include: custom website design, custom hosting services, customer
hosting security obligations, and charges. This agreement can be used by small
businesses that want to engage the services of a web hosting company, or by web
hosting companies that want a template contract they can use to enter into agreements
with their customers.
Web Hosting Services Agreement
Under this Web Hosting Services Agreement (hereinafter “Agreement”) between
________________ [COMPANY NAME] (hereinafter “Company”) and ________________
[CUSTOMER NAME] (hereinafter “Customer”) Company will provide Web hosting and related
services (hereinafter “Services”) to Customer. The Agreement includes these terms and
conditions and the documents referenced herein (hereinafter “Base Terms”) and the following
a. Attachment A – Custom Website Design
b. Attachment B – Custom Hosting Services
c. Attachment C – Customer Hosting Security Obligations
d. Attachment D – Charges
In the event of a conflict between the Base Terms and an attachment, the Base Terms will
govern, except where an attachment or a provision contained therein expressly states that it will
govern over the Base Terms.
A. “Acceptable Use Policy” means the Acceptable Use Policy for Company hosting services,
located on the Internet at (insert company website), as of the Effective Date, and any
subsequent modification in accordance with Section 13.2 below.
B. “Affiliates” means entities that control, are controlled by, or are under common control with
a party to this Agreement.
C. “Base Components” means the hardware and software that Company makes available and
specifies in attachments.
D. “Customer Components” means the hardware, software and other products, data and
Content that Customer provides, including those specified in attachments.
E. “Content” means information, software, and data that Customer provides including, without
limitation, any hypertext markup language files, scripts, programs, recordings, sound,
music, graphics, images, applets or servlets that Customer or its Subcontractors or Services
Recipients create, install, upload or transfer in or through the Web Hosting Environment
and/or Customer Components.
F. “Content Administrator” means an employee or Subcontractor of Customer who is
authorized by Customer to install, upload and/or maintain Content using a User
G. “Customer Hosting Security Obligations” means the provisions contained in Attachment C,
and any subsequent modification in accordance with Section 13.2 below.
H. “Company e-business Hosting Center” means a facility used by Company to provide
I. “Company Provided Internet Access Bandwidth” means the virtual circuit capacity between
the Company e-business Hosting Center and an Internet network access point, specified in
attachments, that Company will make available to Customer, subject to the terms of this
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J. “Internet” means the public worldwide network of TCP/IP-based networks.
K. “Materials” means literary or other works of authorship (such as programs, program listings,
programming tools, documentation, reports, drawings, and similar works) that Company
may deliver to Customer. “Materials” does not include licensed program products available
under their own license agreements or Base Components.
L. “Required Consents” means any consents or approvals required to give Company and its
Subcontractors the right or license to access, use, and/or modify in electronic form and in
other forms, including derivative works, the Customer Components, without infringing the
ownership or intellectual property rights of the providers, licensors, or owners of such
M. “Services Ready Date” means the date that Company has notified Customer that Company
has completed the implementation activities specified in an attachment.
N. “Services Recipients” means any entities or individuals receiving or using the Services, or
the results or products of the Services.
O. “Subcontractor” means a contractor, vendor, agent, or consultant selected and retained by
Company or Customer, respectively.
P. “TCP/IP” means Transmission Control Protocol/Internet Protocol.
Q. “User Identification” or “ID” means a string of characters that uniquely identifies a Content
R. “Web Hosting Environment” means the Base Components and the Company Provided
Internet Access Bandwidth, collectively.
2 Company Responsibilities
Company will perform the Services described in Attachment A and Attachment B.
B. Company Project Representative
Company will designate an individual to whom all Customer’s communications in connection
with this Agreement may be