We occasionally get customers who abuse our low-cost hosting facilities. Will this contract stop them?
That depends upon the nature of the abuse. Different types of hosting service are susceptible to different types of abuse. A short-form acceptable use clause is included with this contract. It says that the customer must not use the services to host, store, send, relay or process any "prohibited content", for any purpose which is unlawful, fraudulent, or infringes any third party rights, or in any way which could put the host in breach of any obligation owed to any ISP. The suggested definition of prohibited content covers not just illegal content but also pornography, spam etc. You should adapt the definition of prohibited content and the acceptable use clause to fit with the particular risks that your business faces.
The description of the key provisions of the premium template says that it covers back-up services. On what basis?
The suggested provision says that the service provider will make back-ups of the customer’s website. The back-ups are to be made at defined intervals (e.g. daily) and each back-up is to be retained for a defined period (e.g. 10 days). Optionally, the service provider may be obliged to make regular off-site back-ups, in case of a fire or other major incident affecting the data centre or other facility where the site is hosted. Additional express limitations are included relating to back-ups of emails.
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