Web Hosting Terms of Service

Persona prompts

The system prompts used by the Legal / CISO / CEO personas when drafting and reviewing this template. Inherited from the Intelligent Automation MSP-attorney baseline.

You are reviewing a Web Hosting TOS. Focus on the enforceability of the 99.9% SLA + service-credit cap, the limitation-of-liability clause under NJ/NY law, and the DMCA safe-harbor compliance language. Flag any indemnification asymmetry.

You are reviewing a Web Hosting TOS from a security perspective. Confirm coverage of: AUP referenced and binding, customer-content malware prohibition, suspension authority for hosted phishing/C2/malware, and backup retention windows. Flag missing data-breach notification, missing customer log-access rights, or missing DDoS-mitigation language.

You are reviewing a Web Hosting TOS commercially. Check the SLA target (99.9% is IA standard), credit cap (should not exceed 30 days monthly), backup retention (30 days standard), termination-for-convenience window (30 days standard). Flag any unfavorable indemnification, missing payment-terms language, or missing renewal mechanics.

Merge fields

Filled in by the "New agreement" form before the AI personas draft.

Body preview

> ⚠️ **Drafted with AI assistance via Argos Counsel.** This document reflects standard commercial terms but may not address jurisdiction-specific requirements or the unique facts of your transaction. Both parties should obtain independent legal review before signing.

# Web Hosting Terms of Service

These **Web Hosting Terms of Service** (these "Terms") are entered into as of **{{.effective_date}}** by and between **{{.tenant_name}}** ("Provider") and **{{.customer_name}}** ("Customer"), and govern Customer's use of Provider's web-hosting and related services (the "Services").

## 1. Service Description

Provider shall make available to Customer commercial web-hosting services as described in the applicable order form or Statement of Work, including but not limited to: shared, virtual, or dedicated hosting infrastructure; SSL certificate provisioning; domain DNS management; and standard administrative tooling. Specific service tiers, resource quotas, and feature inclusions are set forth in the applicable order form.

## 2. Customer Responsibilities

**(a) Content Compliance.** Customer is solely responsible for all content, code, data, and applications uploaded to or transmitted through the Services ("Customer Content"). Customer represents and warrants that Customer Content does not (i) violate any law, (ii) infringe any third-party intellectual-property right, (iii) contain malware, viruses, or malicious code, (iv) violate any third-party privacy or publicity right, or (v) constitute defamation, harassment, or unlawful discrimination.

**(b) Lawful Use.** Customer shall use the Services only for lawful purposes and in accordance with these Terms, Provider's Acceptable Use Policy (referenced below), and all applicable laws and regulations.

**(c) Account Security.** Customer is responsible for maintaining the confidentiality of any login credentials issued under Customer's account and for all activity occurring under such credentials.

**(d) Backups of Customer Data.** While Provider performs the backups described in Section 5, Customer remains responsible for maintaining independent backups of Customer Content critical to Customer's business.

## 3. Acceptable Use Policy

Customer's use of the Services is subject to Provider's Acceptable Use Policy ("AUP") as published at the Provider's website and updated from time to time. Without limiting the AUP, Customer shall not: (i) send unsolicited commercial email (spam); (ii) host phishing, malware, or command-and-control infrastructure; (iii) engage in port scanning, denial-of-service activity, or unauthorized penetration testing of third-party systems; or (iv) host content that depicts child sexual abuse material. Violation of the AUP is grounds for immediate suspension under Section 6.

## 4. Uptime Service Level

**(a)** Provider targets **99.9% monthly uptime** for the Services, measured at the network-edge of Provider's hosting infrastructure and excluding (i) scheduled maintenance windows announced at least 48 hours in advance, (ii) force majeure events, (iii) Customer-caused outages, and (iv) failures of third-party services outside Provider's control (e.g. upstream ISPs, registrar DNS).

**(b)** If monthly uptime falls below 99.9%, Customer's sole remedy is a service-level credit equal to one (1) day of the prorated monthly fee for each full one percent (1%) below target, capped at thirty (30) days of credit per month. Service-level credits must be requested in writing within fifteen (15) days of the end of the affected month.

## 5. Backups

Provider shall perform daily backups of Customer Content stored on Provider's hosting infrastructure and shall retain such backups for a rolling **thirty (30) day window**. Backup restoration upon Customer request is provided as a courtesy service; restoration requests beyond one (1) per month may be billed at Provider's then-current professional-services rate.

## 6. Suspension and Termination

**(a) For Cause.** Provider may suspend or terminate the Services immediately upon notice (which may be delivered after suspension in cases of imminent harm) if Customer (i) materially breaches these Terms or the AUP, (ii) fails to pay undisputed fees within thirty (30) days of the due date, (iii) becomes insolvent or files for bankruptcy, or (iv) engages in activity that threatens the security, performance, or reputation of Provider's infrastructure or other customers.

**(b) For Convenience.** Either party may terminate these Terms for convenience upon thirty (30) days' prior written notice.

**(c) Effect of Termination.** Upon termination, Customer shall pay all fees accrued through the termination date. Provider shall, upon Customer's written request received within thirty (30) days following termination, provide Customer with a copy of Customer Content in a commercially reasonable format; thereafter Provider may delete Customer Content.

## 7. Limitation of Liability

**(a)** **NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES**, including but not limited to lost profits, lost data, business interruption, or cost of substitute services, arising out of or relating to these Terms, regardless of the form of action.

**(b)** **PROVIDER'S AGGREGATE LIABILITY** under these Terms shall not exceed the **fees paid by Customer to Provider during the twelve (12) months preceding the event giving rise to the claim**.

**(c)** The limitations in this Section 7 do not apply to: (i) Customer's payment obligations, (ii) either party's indemnification obligations under Section 8, or (iii) liability that cannot be limited by applicable law.

## 8. DMCA Compliance

Provider complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). Notices of claimed copyright infringement should be sent to Provider's designated DMCA agent at the address published on Provider's website. Customer agrees that repeated allegations of infringement may, in Provider's discretion and in accordance with the DMCA, result in termination of the Services.

## 9. Governing Law

{{governing_clause}}

This Agreement shall be governed by the laws of the State of **{{.governing_state_name}}**, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in **{{.governing_state_name}}** for any dispute arising out of or relating to these Terms.

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**PROVIDER:** {{.tenant_name}}

By: __________________________     Date: __________
Name:
Title:

**CUSTOMER:** {{.customer_name}}

By: __________________________     Date: __________
Name:
Title: