Free Website Hosting Agreement Template: Uptime, Support & Liability

Provider: [Hosting Company Name], located at [Address], email [Email], phone [Phone].

Client: [Client Name / Company Name], located at [Address], email [Email], phone [Phone].

1. Services Provided

The Provider agrees to host the Client's website(s) and associated content on servers specified in Exhibit A – Service Specifications. Services include hosting, maintenance, monitoring, and technical support as outlined in this Agreement.

The Provider may use subcontractors or third-party data centers, provided that such subcontractors comply with equivalent security and service standards.

2. Service Levels and Uptime Guarantee

The Provider shall maintain a minimum uptime of [99.9%] per calendar month, excluding scheduled maintenance and events beyond reasonable control.

Scheduled maintenance shall not exceed [X] hours/month and must be communicated [72] hours in advance.

If uptime falls below the guaranteed level, the Client may receive service credits or remedies as detailed in Exhibit B – SLA.

3. Data Security and Compliance

The Provider shall implement reasonable security measures, including encryption, firewalls, and intrusion detection.

The Provider agrees to comply with applicable data protection laws, including [GDPR, HIPAA, or local equivalents]. The Provider shall notify the Client of any data breach within [X] hours of discovery.

Client data shall not be disclosed to third parties except as required by law or for service provision.

4. Backups and Disaster Recovery

The Provider shall perform automated backups at [daily/weekly] intervals, retaining them for [X] days. The Client may request restoration for a fee of $[Amount].

In case of system failure or disaster, the Provider shall restore services within [X hours/days].

A full disaster recovery plan is detailed in Exhibit C – Disaster Recovery Policy.

5. Fees and Payment

The Client shall pay fees as set out in Exhibit D – Pricing Schedule.

Invoices are due within [30] days. Late payments may incur [X%]% monthly interest and may result in suspension of services.

The Provider may revise fees with [60 days] written notice prior to renewal.

6. Client Responsibilities

The Client agrees to:

• Provide accurate account information and keep it updated.
• Use services in compliance with laws and not host illegal, harmful, or infringing content.
• Maintain backups of website data, in addition to those maintained by the Provider.
• Secure login credentials and notify the Provider of unauthorized use.

7. Intellectual Property

The Client retains ownership of all content, data, and intellectual property hosted.

The Provider retains ownership of all software, systems, and infrastructure used to provide the services.

The Client grants the Provider a limited license to store, reproduce, and transmit content solely for fulfilling this Agreement.

8. Confidentiality

Each Party shall keep confidential any non-public business or technical information received from the other Party and shall not disclose it except as required by law or with prior consent.

9. Term and Termination

This Agreement begins on [Date] and continues for [Initial Term], renewing automatically unless terminated.

Either Party may terminate with [30/60] days written notice.

The Provider may terminate immediately for non-payment, unlawful use, or breach of terms.

Upon termination, the Provider shall make available the Client's data for [30] days before deletion.

10. Limitation of Liability

The Provider's liability shall not exceed the total fees paid in the preceding [12] months.

Neither Party shall be liable for indirect, incidental, or consequential damages, except for breach of confidentiality or willful misconduct.

11. Indemnification

The Client shall indemnify and hold harmless the Provider from claims arising from Client's misuse of hosting services.

The Provider shall indemnify the Client for claims arising from Provider's gross negligence or intentional misconduct.

12. Force Majeure

Neither Party shall be liable for failure to perform obligations caused by events beyond reasonable control, including natural disasters, cyberattacks, or government actions.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of [State/Country].

Disputes shall first be addressed by negotiation, then [mediation or arbitration], before resorting to litigation in [Venue].

14. Entire Agreement

This Agreement, including Exhibits A–D, constitutes the full understanding of the Parties. Any modifications must be in writing and signed by both Parties.