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CHECKLIST

WEBSITE HOSTING AGREEMENT



Not all items are relevant in all contractual situations. In some situations, other provisions may be appropriate that are not listed below. The following checklist is, however, a basic and general guide as to what provisions it may be important to include, or at least consider, in the Website Hosting Agreement that you enter into. This document is not intended to substitute for legal advice nor legal wording provided by a competent advisor in the relevant legal jurisdiction.


Title of contract


Identity of the parties

Individuals or business entities
If businesses, what type? (partnership, corporation, LLC, etc.)
Name of person signing on behalf of the business
Signers official title
Does he or she have authority to bind the business? 


Addresses of the parties


General purpose of Web Hosting Agreement


Preliminary matters

Who owns the copyrights? Make sure all parties with rights that are affected are made parties to the Agreement.
Generally describe the service to be provided such as locating the website on the hosts server and making it available to Internet users. 
Describe the general business of the pages to be hosted. What is the scope of that page? 
Describe the URL locations of the various pages.


Hosting Services

How much server space is being made available? This may tie into pricing of monthly hosting fee. Attach schedule of fees by allocated disc space.
Is there a dedicated bandwidth requirement? How much bandwidth is available?
Is there a requirement that the server be a certain type? (UNIX, etc.)
Is there a warranty that server software be kept up to date?
If web design is also included in services under this agreement or a separate agreement, is copyright license tied to continued hosting?
Is there a warranty regarding minimum hosting speed? Is T1 required?
Is there a limit on T1 and bandwidth sharing?
Are there standards for permitted downtime of server? Is periodic maintenance and backup downtime provided for? Are there required response times if there is a server problem?
What are required hours of operation and customer support hours?
Are mirror sites required/permitted? If so, what server can they be on? Separate server/location?
What are backup responsibilities? How frequent? Where must backups be stored?
Does client have FTP access, secured or otherwise? Is host liability limited? What policies and procedures apply of client has FTP access? Must client notify host of new material on server?
Can owner access the site to make changes? Is access secure, password protected, etc.?
Are Email Accounts included? How many? Web based?


Other Services of Hosting Company

Web Development
Email Accounts
Search Engine Placement
Monitoring and Reporting
Store Fronts
E-Commerce Solutions
Credit Card/Merchant Accounts
Marketing
Links and Advertising


Responsibilities of Client 

Any restrictions regarding content? Adult sites, obscene materials, any other materials?
Limit to specific site presented for hosting?
To assure that material does not infringe?
Assure material not illegal.
Acknowledge host policies such as anti-spamming, bulk mail marketing, etc.
Does host have the right to monitor site reserved?


Copyright and Digital Millennium Act compliance

Client should represent and warrant that the material to be hosted does not infringe on the proprietary rights of any other party.
Is host held harmless?
Does client acknowledge Digital Millennium Act procedures? If claimed infringement, contract should state that host gets the right to shut the site down.
Specifically prohibit infringing material to be located on the site and make it grounds for termination of hosting agreement.
Term and termination

Is there a defined term to the Agreement?
Can client transport their site upon termination? Who owns the copyright to the site? Issues if host also developed website.
Can agreement be terminated before end of term without cause?
Under what circumstances can agreement be terminated with cause? Default
Even before termination, can client transport site to another host?
How does termination tie in with hosting fee?
Is there an early termination fee or penalty?
When does the term commence? Immediately? Upon delivery of Website? If also developing site, upon substantial completion of site? Or does hosting fee commence during development?


Compensation C Hosting fees

What is fee structure for hosting and other services.
Hosting fee limited to hosting services? Other services require separate fee or included within hosting fee?
What are payment terms? Monthly in advance? Form of payment?
Does payment vary depending upon disc space, dedicated bandwidth, etc.?
How long does fee last? Can it be changed during the term? Does it escalate upon renewal?
Can page be shut down if hosting fee is not paid? Hold harmless from business losses to client if page is shut down for non-payment?


Warranties of Host 

Are warranties limited to those specifically made under agreement?
Are other warranties disclaimed? Incidental and consequential damages disclaimer? Warranties of merchantability and fitness for a particular purpose?
Limit possible damages to cost paid for hosting service.


Miscellaneous

Attorneys fees
Modification of Agreement
Time of the Essence
Survival
Necessary Acts and Further Assurances
Execution
Specific Performances
Representation on Authority of Parties
Force Majeure 
Company seal

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