| Not all items are relevant in all contractual situations. In some situations, other provisions may be appropriate that are not listed below. The following checklist is, however, a basic and general guide as to what provisions it may be important to include, or at least consider, in the Website Hosting Agreement that you enter into. This document is not intended to substitute for legal advice nor legal wording provided by a competent advisor in the relevant legal jurisdiction.
Responsibilities of Clients
1. Any restrictions regarding content. Adult sites, obscene materials, any other materials.
2. To assure that material does not infringe.
3. Assure material not illegal.
4. Acknowledge host policies such anti-spamming, bulk mail marketing, etc.
5. Does host have the right to monitor site reserved.
Copyright and Digital Millennium Act compliance
1. Client should represent and warrant that the material to be hosted does not infringe on the proprietary rights of any other party.
2. Is host harmless.
3. Does client acknowledge Digital Millennium Act procedures. If claimed infringement, contract should state that host gets the right to shut the site down.
4. Specifically prohibit infringing material to be located on the site and make it grounds for termination of hosting agreement.