Web Site Hosting Agreements

Once your Web site is developed and ready to be viewed by the outside world, it must be transferred to a server connected to the Internet. Most Web site owners decide to have a third-party hosting service make the site available, and the terms and conditions of such services is usually embodied in

The key provisions for such agreements include:

• Scope of Services. The specific services provided by the hosting service should be precisely identified.
• Updates and Modifications. The mechanism and obligations of the hosting service to update and modify the site should be spelled out.
• Performance. The agreement should address various performance issues, including minimum performance criteria, uptime, server response time, problem response time, technical assistance, and remedies for system failure.
• Termination and Transfer. The Web site owner should have relative flexibility to terminate the agreement for any reason. Upon termination, the hosting service should be obligated to use reasonable efforts to transfer the site to a successor hosting service.
• Warranties. The Web site owner will want a number of warranties from the host provider, primarily dealing with performance and the technology provided by the hosting service.
• Liability. The liability for breach by the hosting service, such as potentially “lost” business due to site malfunction, should be addressed, although many providers attempt to limit their liability to the amount of fees paid to the provider under the agreement.