RECITALS

WHEREAS, Host provides web hosting services on its servers to the public for a fee; and

WHEREAS, Customer wishes to purchase web hosting services from Host, and Host wishes to provide web hosting services to Customer upon the terms and conditions set forth herein;

NOW THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereby agree as follows.

AGREEMENT

1. Services.

1.1. Registration and Selection of Services. Host agrees to provide the web hosting services selected by customer (the "Services") during Customer's online registration upon the terms and conditions set forth herein. Host shall not be obligated to provide Services under this Agreement until Customer completes the registration process. Host reserves the right to require submission of an e-mail address from a commercial account (e.g., AOL, Prodigy, MindSpring, Earthlink, MSN), an education account, or a corporate account for initial Host registration, and to otherwise limit the use of free email account addresses.

1.2. Amendments and/or Modification of Service Offerings. Host reserves the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Services set forth in this Agreement, at any time, and to determine whether and when, at its sole discretion, any such changes apply to both existing or future customers. Host shall provide thirty (30) days prior written notice via email in the event of such changes.

1.3. Disk Space and Data Transfer. Customer agrees that data transfer ("Data Transfer") and disk space usage ("Disk Space") shall not exceed the number of megabytes per month for the Services ordered by Customer through the online registration process. This usage shall be monitored and measured by Host. Any Disk Space or Data Transfer usage in excess of the agreed upon number of megabytes per month may result in corrective action by Host, in its sole discretion, including assessment of additional charges (as set forth in the online registration information), disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Host elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

1.4. Unavailability of Services. Host shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond Host's control including, but not limited to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency

2. Fees and Payment. Customer shall pay the fees and other charges for each Service selected, as those fees are detailed in Host's online registration process. All fees are due immediately and are non-refundable. Host reserves the right to change rates by notifying Customer by email thirty (30) days prior to the effective date of the change. Customer shall make all payments in U.S. currency. Customer's credit card will be billed in advance for any and all monthly fees. Host reserves the right to suspend or terminate Customer's Account if credit card charges are denied. Such suspension or termination shall not relieve Customer of the obligation to pay the fees due. Customer agrees to pay Host its reasonable expenses, including attorney's and collection agency fees, incurred in enforcing its rights under this Agreement.

3. Term and Termination.

3.1. Term. This Agreement shall become effective upon Customer's completion of the online registration and submission of all necessary and valid payment information for the applicable Services, and shall continue on a month-to-month basis unless terminated as provided below.

3.2. Termination by Host. Host reserves the right to terminate this Agreement and Customer's site for any breach of the provisions hereof or the provisions of Host's Privacy Policy as determined by Host in its sole discretion. Host shall have no obligation to refund any of Customer's fees due to early termination of the Account. Host reserves the right to delete any site it deems unacceptable for any reason without prior notice.

3.3. Termination by Customer. Customer may terminate the Services at any time by contacting Host in writing or through Host's online cancellation form (if available at time of cancellation); provided, however that should Customer elect to terminate Services after the first day of the applicable thirty-day billing cycle, Host has no obligation to refund Customer's fees for that month.

4. Customer Site Development, Operation and Maintenance. Customer will be solely responsible for the development, operation and maintenance of Customer's web site (the "Site"), i.e., of all content and materials appearing online at Customer's Site, including without limitation: The accuracy and appropriateness of content and materials appearing within Customer's Site; ensuring that the content and materials appearing within the Site do not violate or infringe upon the rights of any third party; ensuring that the content and materials appearing within the Site are not libelous or otherwise illegal; if applicable, the final calculation and application of shipping and sales tax and for accepting, processing, filling and shipping any orders taken on the Site; handling any inquiries or complaints arising from visitors to the Site; if applicable, the security of any visitor credit card numbers and related visitor information that Customer obtains or accesses as a result of conducting electronic commerce via the Site and to keep all such information confidential and to exercise the same degree of care and security standard in the industry.

5. Content.

5.1. Responsibility for Content. Host is not responsible for the content of any web page hosted on Host's servers. The opinions and views expressed in the web pages on Host's servers do not necessarily reflect those of Host. The contents of the web pages hosted on Host's servers are not reviewed in any way before they appear on such web page. As the author of web pages hosted on Host's servers, Customer takes full responsibility for their content.

5.2. Restrictions on Use and Content.

5.2.1. Offensive Material. Customer shall not use the server space provided by Host to provide material that is grossly offensive to the web community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.

5.2.2. Illegal Material. Host services shall only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or Customer's local area is prohibited. Site pages shall not contain, or provide links to, materials that Host, in its sole discretion, may consider illegal or offensive, including, but not limited to: Copyrighted material not belonging to Customer, e.g., music, images, software or video, unless Customer has the prior consent of the copyright owner; trademarked material not belonging to Customer, e.g., wordmarks, design marks or any combination thereof, without prior consent of the trademark owner; adult material, e.g., pornography, nudity, sex or any other material that would commonly be considered "indecent" or "appealing to the prurient interest"; gambling; foul or obscene language; hate-group propaganda; mpeg layer two or three ("MP2 or MP3") files except with the express permission of the intellectual property owner; mail fraud; "pyramid" or "ponzi" schemes; insults to other persons or companies, including but not limited to the following: Material that is obscene, threatening, harassing, libelous or in any way a violation of intellectual property laws.

5.2.3. Technology Restrictions. It is also impermissible to use Host's servers for the following purposes: To act as proxies to access other servers including, but not limited to the following: File Transfer Protocol (FTP) or Hypertext Transfer Protocol (HTTP); to run any type of server or daemon including, but not limited to, ICQ or FTP; to launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing; to connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection; to open sockets of any kind including but not limited to, ICQ, IRC or FTP; to provide CGI for any third party; to act as a file repository or to serve files for other sites; or to conduct any other activity that Host determines, in its sole discretion, to be an improper use of the Host servers.

5.2.4. Other Restricted Uses. Customer shall not use the server space provided to conduct any or all of the following activities: Selling weapons or promoting the use thereof; sending unsolicited or "spam" e-mail from a Host server, or sending such e-mail with a Host served web site listed as the contact address; sending mass unsolicited or "spam" news postings; advertising or distributing software or services that may contribute to unsolicited news or e-mail spamming; hosting a banner exchange; disclosing the trade secrets of any other entity or individual; using patented materials without the prior consent of the patent owner; renting, selling or otherwise distributing Host's server space to third parties; hosting "WAREZ", "CRACKS" and/or "SERIALZ" on Host's servers; or conducting any other activities that Host determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.

6. Security. It is illegal to attempt to compromise the security on Host's servers by any means, including, but not limited to the following: Attempting to gain access to restricted information on Host servers; attempting to disable, cripple or modify Host servers or any service running on a Host server; or attempting to access information in other of Host's customer's accounts. Host reserves the right to prosecute any individual attempting to compromise the security of Host's servers to the fullest extent allowable by federal, state or local law. Customer shall maintain a password to access and use the Services. Customer is entirely responsible for any and all activities that occur under Customer's account and password. Customer agrees to keep its password confidential, to prohibit any other person or company from using its account, and to notify Host promptly if Customer has any reason to believe that the security of Customer's account has been compromised.

7. Disclaimer of Warranties. Customer understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. Host makes no warranties of any kind, either express, implied or statutory, concerning the data or information available through Host's server network or the Internet. HOST'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS. HOST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE FOLLOWING: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF HOST. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HOST DISCLAIMS ANY AND ALL SUCH WARRANTIES.

8. Limitation of Liabilities. IN NO EVENT SHALL HOST BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE INABILITY TO USE THE SITE. Host's liability to Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the fees paid, if any, for the Services which gave rise to the cause of action during the twelve (12) month period prior to the date the cause of action arose. HOST, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF THE SERVICES, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, MAINTAINING OR DELIVERING THE SERVICES. HOST, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES.

9. Representations and Warranties. Customer represents and warrants that the products and/or services it seeks to list and sell on the Site, and any other materials it seeks to place on the Site and any web site linked from the Site, complies with all local, state, federal and foreign regulations and laws. Customer further represents and warrants that the products and/or services it seeks to list and sell via the Site and any other materials it seeks to place on the Site will not violate the rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.

10. Indemnity. Customer agrees to defend, indemnify and hold Host, its subsidiaries, affiliates, officers, employees and agents, harmless from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney's fees, that may be incurred by Host, asserted by any third party due to or arising out of Customer's conduct or use of the Services or any breach of this Agreement.

11. Privacy.

11.1. Host's Privacy Policy. Host is committed to protecting Customer's privacy. Host's privacy policy (the "Privacy Policy"), as posted on Host's website is hereby incorporated into this Agreement by this reference. Host reserves the right to modify the Privacy Policy at any time. Customer should frequently check the Privacy Policy for any changes.

11.2. Use of Customer Data. Host maintains information about Customer and the Site on Host's servers, including but not limited to Customer's account registration information, Customer order information, sales information, and clickstream data ("Customer Information"). Customer agrees that Host may use Customer Information in aggregate form (i.e. Customer Information not individually attributable to the Customer) for marketing and promotional purposes. Customer agrees that Host may disclose Customer Information in the good faith belief that such action is reasonably necessary as follows: (a) To comply with the law; (b) to comply with legal process; (c) to enforce this Agreement; (d) to respond to claims that the Customer or the Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of Host, or others; provided, however, that nothing in this section shall impose a duty upon Host to make such disclosures.

12. Miscellaneous.

12.1. Final Agreement. This Agreement supersedes and replaces any written or oral agreements between Host and Customer.

12.2. No Waiver. Any failures by Host to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.

12.3. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.

12.4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws rules. Any dispute or controversy arising under or related to this Agreement shall be adjudicated in a court of competent jurisdiction within Walla Walla County, Washington, USA. Customer agrees to waive any jurisdiction, venue and inconvenient forum objections to any state or federal court sitting in Walla Walla County, Washington, USA.

12.5. Headings. The headings in this Agreement are for convenience only, and have no legal or contractual effect.