Sample Hosting Usage Agreement

This Hosting Usage Agreement ("Agreement") is made and entered into on [Date], by and between:

Hosting Provider: Name: [Hosting Provider Name]

Address: [Hosting Provider Address]

Phone: [Hosting Provider Phone Number]

Email: [Hosting Provider Email Address]

Customer: Name: [Customer's Name]

Address: [Customer's Address]

Phone: [Customer's Phone Number]

Email: [Customer's Email Address]

WHEREAS, the Hosting Provider agrees to provide hosting services to the Customer, and the Customer agrees to use the hosting services provided by the Hosting Provider under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises, the Hosting Provider and the Customer (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows.

1. Services Provided

1.1 Hosting Services:

The Hosting Provider agrees to provide the Customer with the following hosting services:

• Web hosting on a shared/dedicated/virtual server
• [Additional Services, e.g., Email hosting, SSL certificates, domain registration]

1.2 Service Level Agreement (SLA):

The Hosting Provider shall provide the Customer with a [Service Level Agreement (SLA)] uptime guarantee, excluding scheduled maintenance and circumstances beyond the reasonable control of the Hosting Provider.

2. Term

2.1 Initial Term:

This Agreement shall commence on [Start Date] and continue for a period of [Number] months/years ("Initial Term").

2.2 Renewal:

This Agreement may be renewed upon mutual written consent of both Parties at least [Number] days before the end of the Initial Term. The renewal term will be for [Number] months/years unless otherwise agreed in writing.

3. Fees and Payment

3.1 Hosting Fee:

The Customer agrees to pay the Hosting Provider a monthly fee of [$Monthly Fee] for the hosting services.

3.2 Payment Schedule:

The monthly hosting fee shall be paid in advance on the first day of each month. Payments shall be made via [Payment Method].

3.3 Late Payment:

If the Customer fails to make any payment when due, the Hosting Provider reserves the right to charge a late fee of [$Late Fee] and/or suspend the hosting services until payment is received.

4. Customer Responsibilities

4.1 Permitted Use:

The Customer agrees to use the hosting services solely for lawful purposes and in accordance with the terms of this Agreement. The Customer shall not use the hosting services for any activity that violates local, state, or federal laws or regulations.

4.2 Prohibited Use:

The Customer shall not use the hosting services for:

• Hosting or transmitting any content that is illegal, harmful, threatening, defamatory, obscene, or infringing on intellectual property rights.
• Engaging in spamming, phishing, or other fraudulent activities.
• Interfering with or disrupting the integrity or performance of the server or any other network or services.

4.3 Data Backup:

The Customer is responsible for maintaining their own backups of any data stored on the server. The Hosting Provider shall not be liable for any loss or corruption of data.

5. Maintenance and Support

5.1 Maintenance:

The Hosting Provider shall perform routine maintenance on the server as necessary to ensure optimal performance. The Hosting Provider will notify the Customer in advance of any scheduled maintenance that may impact server availability.

5.2 Technical Support:

The Hosting Provider shall provide technical support to the Customer during the following hours: [Support Hours], [Days of the Week]. Emergency support outside of these hours will be available on a case-by-case basis and may incur additional charges.

6. Security

6.1 Security Measures:

The Hosting Provider agrees to implement reasonable security measures to protect the server and the Customer's data from unauthorized access, disclosure, alteration, or destruction.

7. Termination

7.1 Termination by Customer:

The Customer may terminate this Agreement at any time by providing [Number] days' written notice to the Hosting Provider. Any prepaid fees for the remaining term will not be refunded.

7.2 Termination by Hosting Provider:

The Hosting Provider may terminate this Agreement with [Number] days' written notice to the Customer if the Customer breaches any term of this Agreement. In the event of termination for breach, the Customer shall not be entitled to any refund of prepaid fees.

8. Limitation of Liability

To the maximum extent permitted by law, the Hosting Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the performance of this Agreement. The Hosting Provider's total liability to the Customer for any claim arising out of or related to this Agreement shall not exceed the amount paid by the Customer under this Agreement.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.

10. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiations between the Parties. If the Parties are unable to resolve the dispute through negotiations, they agree to submit the dispute to mediation before resorting to any other legal remedies.

11. Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations, whether oral or written, relating to the subject matter hereof.

12. Amendments

Any amendments or modifications to this Agreement must be made in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.

Customer:

[Customer's Name]

[Date]

Hosting Provider:

[Hosting Provider Name]

[Date]