Website Hosting Services Agreement (One (1) Website)

Website Hosting Services Agreement (One (1) Website)

By agreeing to the terms of a respective proposal (proposal details are in a separate document) or executing an action on the Stripe.com payment portal for “Website Hosting Services Agreement (One (1) Website)”, provided by AAA Internet Brands, LLC (hereafter referred to as the “Provider”),  the Purchaser, and its representatives (hereafter referred to as the “Client”) agree to the following terms and conditions:

Services Provided: Provider will furnish the Client with website hosting services for one (1) website/URL on Provider’s servers. 

Example services include:

  • WordPress Site Hosting, 
  • SSL & HTTPS, 
  • email accounts, 
  • CDN, 
  • backups, 
  • out-of-the-box caching, 
  • unlimited MySQL, 
  • and SSH access. 

Provider will maintain the technology infrastructure required to keep the website accessible to the public.

Services Not Provided: Provider will not furnish:

  • webmaster services, such as website design or development, updates, or modifications to the website itself.
  • domain registrar services

Customer Support:  Support for the services outlined in this agreement will be provided during the workweek (Monday through Friday, 9:00 AM to 5:00 PM Eastern Standard Time). Provider will make every attempt to respond to customer support requests within a reasonable time. Provider’s response times during the aforementioned hours may vary and are subject to Provider’s workload restrictions. 

While AAA Internet Brands, LLC will make every effort to provide support outside of these hours, it is not a mandatory obligation. The support provided by AAA Internet Brands, LLC will only pertain to the services outlined in this agreement.

Termination: Either party may terminate this agreement at any time, in writing, with or without cause. If possible, the terminating party shall provide at least 30 days written notice to the other party prior to termination. However, the requirement to provide 30 day prior written notice is not an explicit obligation and does not affect the right of either party to terminate the agreement without notice. 

Client shall be liable for all outstanding payments, including pro-rata website hosting costs, up and until the time of furnishing Provider with written notice of termination.

Payment: Client agrees to pay Provider the fee shown on the Stripe.com payment portal.

Maintenance and Upgrades: Provider shall perform regular maintenance and upgrades to its server and software as necessary to ensure the proper functioning of the Client’s website.

Responsibility for Content: Client is solely responsible for the content of its website, including but not limited to, text, images, videos, software, and any other materials that may be uploaded to the website. Client represents and warrants that it has the right to use, publish, and display all content on its website and that such content does not infringe upon the rights of any third party, including but not limited to, intellectual property rights, privacy rights, or any other proprietary rights. Client agrees to indemnify and hold harmless AAA Internet Brands, LLC from any and all claims, damages, expenses, and costs, including reasonable attorneys’ fees, arising from the content of Client’s website, including but not limited to, any claims arising from the infringement of any third-party rights. Provider shall have no liability for any claims arising from the content of Client’s website.

Limitation of Liability:

Disclaimer of Warranty: Provider makes no warranties, express or implied, regarding the website hosting services provided to Client.

  • Limitation: In no event shall Provider be liable to Client for any indirect, special, incidental, or consequential damages, including, but not limited to, loss of business profits, business interruption, loss of data, or any other pecuniary loss arising from the use or inability to use the website hosting services, even if Provider has been advised of the possibility of such damages.


  • Maximum Liability: The maximum liability of Provider under this agreement shall not exceed the amount paid by the Client for the website hosting services.


  • Indemnification: Client agrees to indemnify and hold harmless Provider from any and all claims, damages, expenses, and costs, including reasonable attorneys’ fees, arising from the use of the website hosting services by Client, including, but not limited to, any claims arising from the content of Client’s website.


  • Dispute Resolution: All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in New York City, New York before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in New York. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

Governing Law: This contract shall be governed by and construed in accordance with the laws of the State of New York.

Entire Agreement: This contract constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements between the parties.


Updates:

Updated Nov 12, 2023, to include mention of a proposal as agreement of terms.