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WEB SITE HOSTING AGREEMENT



This Web Site Hosting Agreement (the Agreement) is effective [DATE],


BETWEEN:  [YOUR COMPANY NAME] (the " Service Provider "), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:

  [YOUR COMPLETE ADDRESS]


AND:  [CUSTOMER NAME] (the "Customer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:

      [COMPLETE ADDRESS]

For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows:

By clicking on the Accept button, you (the Customer) agree to accept and to abide by all terms and conditions set forth in the [YOUR COMPANY NAME] Web Site Hosting Agreement, as such Agreement now exists or as amended from time to time hereafter. Failure to honor all such terms and conditions shall be grounds for immediate termination of the service and removal of Customers web site from the Providers server. In addition, such breach shall subject Customer to such claims for damages and reimbursements as might be appropriate in the circumstances.

WHEREAS the parties intend by this Agreement to set forth the terms and conditions upon which the Provider will host Customers web site on its (the Providers) web server;

IN CONSIDERATION of the mutual promises and conditions set forth below, the parties do hereby covenant and agree as follows:

1.   The Provider agrees to host Customers web site on the Providers server, subject to and based upon the terms and conditions set forth in this Agreement.

2.   Customers web site will reside within its own domain and shall have a URL address based upon that domain, such as www.xyz.com. Said domain and URL shall be and remain the property of the Customer or other domain name granting authority (as the case may be), and Customers sole right with respect there to shall be to use the name for the duration and upon the terms and conditions stated in this Agreement.

3.   Providers responsibility with respect to Customers web site is strictly limited to the provision of storage capacity for web sites on Providers server.

4.   Customer is solely and exclusively responsible for design, development, content (subject to requirements set forth in paragraph 5 below), update, refreshment, modification, etc., with respect to Customers web site. Customer must provide all software and other materials necessary to create and maintain Customers personal or business web site. Customer must provide all telephone, computer, hardware, software and equipment necessary to access web site on Providers server.

5.   Customer is solely responsible for the content of his or her web site; provided, however, that Customer hereby agrees that Customer will not, directly or indirectly, by its web site send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.

6.   Customer will comply with all provincial, federal and local laws (including, but not limited to export/import laws and laws relating to obscenity, copyright, trade mark, trade secret, libel, slander and defamation). IT IS CUSTOMERS SOLE RESPONSIBILITY TO BECOME FAMILIAR WITH AND TO COMPLY WITH ALL LAWS THAT MIGHT RELATE TO CUSTOMERS WEB PAGE.

7.   Customer will pay to Provider the sum of [AMOUNT] per month for [NUMBER] megabytes of disk space for a web site and domain. Provider will also collect from Customer all federal, [state/provincial] and/or local excise taxes, if any, attributable to Customers acquisition of storage.

8.   Customer acknowledges and agrees that Provider will incur no liability for any claim, whether sounding in contract, tort, warranty, strict liability, product liability or any other theory of recovery (including negligence but excepting only intentional malfeasance) relating in any manner to Customers web page.

9.   Customer will indemnify and hold Provider harmless from and against all claims, damages, costs (including costs of defense) from any source or for any reason relating directly or indirectly to Customers web site.

10.   Customer hereby represents and warrants that he or she is eighteen years of age or older, and is under no disability that would render him or her unable to enter into, be fully bound by and fully perform in accordance with the provisions of this Agreement.


IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at [PLACE OF EXECUTION] on the date indicated above.


SERVICE PROVIDER          CUSTOMER            




                          
Authorized Signature          Authorized Signature



                          
Print Name and Title          Print Name and Title

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