Web Hosting Agreement

WEB HOSTING AGREEMENT

Effective date: [__/__/____]

Host: [LEGAL NAME], [ADDRESS], [SUPPORT EMAIL] ("Host")

Customer: [LEGAL NAME], [ADDRESS], [EMAIL] ("Customer")

Host will provide the website hosting services described in Schedule A, and Customer will pay the stated fees. The parties will complete Schedule A before signing. If an item is unavailable, write "none" rather than leaving it blank.

1. Hosting service

Host will provision the plan, storage, bandwidth, software environment, access method, and support listed in Schedule A by [DATE]. The hosted website and its databases, media, and configuration files are the "Site." Host will identify in Schedule A which tasks it manages and which tasks Customer manages. Any design, development, search optimization, email hosting, domain registration, or content creation service must be listed separately; it is not included merely because Host provides server space.

Customer will give Host the access and materials reasonably needed to start service. Each party will use the other's credentials only for the work assigned here and will notify the other promptly of suspected unauthorized access affecting the Site.

2. Domain, DNS, and access

The domain names in Schedule A remain registered to the registrant named there. Host receives only the access needed to perform its assigned DNS or domain tasks. Host will not change the registrant, transfer a domain, or lock Customer out of the registrar account without Customer's separate written instruction. Host will document each DNS change it makes and give Customer the current records on request.

Host will provide the administrative access specified in Schedule A. Customer will manage its own users and permissions unless managed access is selected there. Neither party will use shared administrator credentials if separate accounts are available.

3. Availability, maintenance, and support

The service target is [____]% monthly availability, measured at [MONITORING ENDPOINT] and calculated as [FORMULA]. Excluded maintenance is limited to the window and notice period in Schedule A; any other exclusion must be written there. Host will tell Customer about a material outage through [CHANNEL] within [____] after Host learns of it and will provide status updates every [____].

If measured availability falls below the target, Host will provide [SERVICE CREDIT FORMULA / OTHER REMEDY / NONE]. Customer must request a credit within [____] days after the affected month, with enough information to identify the outage. A service credit is [THE EXCLUSIVE CONTRACT REMEDY FOR AVAILABILITY / AN ADDITIONAL REMEDY], subject to Section 9 and applicable law.

Host will receive support requests at [EMAIL / PORTAL / PHONE] during [HOURS AND TIME ZONE]. Response targets by severity are stated in Schedule A; a response target is not a promise that the problem will be resolved within that time.

4. Security, backups, and incidents

The parties will perform the patching, access control, certificate renewal, malware scanning, and logging tasks assigned to them in Schedule A. Host will not represent that a backup or security control exists unless Schedule A names it. Customer will keep an independent copy of the Site unless Schedule A assigns that duty to Host.

Host will create backups [FREQUENCY / NONE], retain them for [PERIOD], store them at [LOCATION OR REGION], and test restoration [FREQUENCY / NONE]. The agreed recovery point objective is [____] hours and recovery time objective is [____] hours, measured as described in Schedule A. Restoration assistance beyond the included allowance costs [RATE / NONE].

The party that discovers an incident affecting the Site will notify the other at [SECURITY CONTACT] within [AGREED PERIOD] after [DEFINED TRIGGER]. Each will preserve relevant logs and cooperate in the response. The parties will document in Schedule A any personal, payment, health, or other regulated data on the Site and execute any separate terms needed for that data before it is uploaded. Each party remains responsible for the notices or actions assigned to it by applicable law; this Agreement does not set a universal statutory notice deadline.

5. Customer content and acceptable use

Customer retains its rights in Site content and grants Host a limited permission to store, copy, transmit, and display that content solely to provide the agreed service. Customer will not knowingly upload malicious code, use the service to gain unauthorized access to another system, or publish content that Customer lacks the right to use. Host will not use Site content for advertising, model training, or a purpose outside this Agreement without Customer's separate written consent.

Host may suspend only the affected service or material when reasonably necessary to address a material security threat, unlawful use, a valid legal order, or an unresolved material breach. Host will give advance notice and an opportunity to cure when reasonably possible, explain the scope of any suspension, and restore service promptly when the cause ends. Host will preserve Customer's access to unaffected data where technically feasible and lawful.

Copyright notices. Host's copyright notice contact is [NAME AND EMAIL / NOT APPLICABLE]. If Host seeks the limitation on liability for customer stored material under 17 U.S.C. § 512(c), Host will separately establish and maintain the designated agent and repeat infringer policy contemplated by § 512(c)(2) and (i)(1)(A). This Agreement alone does not establish eligibility. The parties will promptly forward notices they receive about Site content to [CONTACT] and handle any removal or response under applicable law and Host's published procedure.

6. Fees and changes

Customer will pay the setup charge of $[____] on [DATE], the recurring charge of $[____] per [MONTH / YEAR] beginning [DATE], and the usage charges in Schedule A. Host will invoice by [METHOD] and payment is due [____] days after receipt. A disputed charge may be reported to [BILLING CONTACT] within [____] days; the parties will investigate it in good faith. Customer will pay undisputed charges while a dispute is pending.

Host may change a renewal price only by giving [____] days' written notice before the renewal date. During a fixed term, a material change to price or the service description requires both parties' written agreement. Work beyond Schedule A requires a written change order stating scope, price, and timing.

7. Term, ending service, and migration

The initial term begins on [DATE] and ends on [DATE]. After that, service [ENDS / RENEWS FOR ____ / CONTINUES MONTH TO MONTH]. Either party may decline renewal by giving [____] days' written notice. Customer may cancel a month to month service on [____] days' written notice. Either party may terminate for material breach if the other does not cure within [____] days after written notice; an immediate end is permitted only for [SPECIFIED SERIOUS GROUNDS].

Before service ends, Host will provide Customer with an export of Site files, databases, and DNS records in [FORMAT] within [____] days of request. Host will provide up to [____] hours of migration assistance at [RATE / INCLUDED]. Customer will arrange a replacement host and any domain transfer. After [____] days from service end, Host will delete remaining Site copies, except for [SPECIFIED BACKUP RETENTION OR LEGAL HOLD], and confirm deletion on request. Host will return unused prepaid fees on a [PRORATED / OTHER] basis within [____] days, less any agreed charges then due.

8. Confidentiality

Each party will use the other's nonpublic business information only to perform this Agreement, protect it with reasonable care, and disclose it only to personnel or contractors who need it and are bound to protect it. This duty does not cover information independently developed, lawfully received without restriction, or publicly available without breach. If disclosure is legally required, the receiving party will give notice when lawful and reasonably possible. This section survives for [____] years after service ends, subject to any longer protection required by applicable law or the parties' separate agreement.

9. Responsibility and disputes

Each party is responsible for its own acts and for the tasks assigned to it in Schedule A. Any warranty, indemnity, liability cap, exclusion of damages, or insurance requirement agreed by the parties must be written here or in a signed addendum: [TERMS OR "NONE"]. The parties should review those terms under the law selected below and against the data and outage risks identified in Schedule A.

The law of [STATE OR OTHER JURISDICTION] governs this Agreement, subject to mandatory law that applies regardless of that choice. Notices under this Agreement will be sent to the addresses above by [METHOD] and are effective [WHEN]. Disputes will be heard in [COURT AND LOCATION / SEPARATELY AGREED PROCESS], subject to applicable law. Amendments must be signed by both parties. This Agreement and its signed schedules are the parties' entire hosting agreement; a conflicting schedule controls only if it identifies the section it changes.

10. Signatures

Schedule A: Hosting and service details

Source

• 17 U.S.C. § 512(c)(2), (i)(1)(A), current through Public Law 119-120 (October 7, 2026): https://uscode.house.gov/us/usc/119-120/t17/s512/