This Hosting Agreement ("Agreement") governs your use of all Web site hosting services, including the Application Development Plan, Preventative Maintenance Plan and the Critical Operations Plan (collectively, the "Services"), that you order and that EC Brands Corporation ("EC Internet") accepts. EC Internet may modify any of the terms and conditions contained in this Agreement at any time in its sole discretion and may also determine whether and when the modifications apply to existing or future customers.

Service Profile

1. Term and Payment for Services

1.1 Term. This Agreement will be for an "Initial Term" of either: (a) 30 days if you register for monthly services, (b) 12 months from the order date if you register for annual services, or (c) as otherwise authorized by EC Internet. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term, unless you provide EC Internet with notice of termination either: (a) at least 15 days before the end of the Initial Term or the Renewal Term.

1.2 Termination Policy. If you terminate the Services before the end of the Initial Term or the Renewal Term, whichever is then applicable: (a) EC Internet will not refund to you any fees paid in advance of termination, and (b) you will be required to pay the lesser of 3 times the standard monthly charge or 100% of EC Internet's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. But if you have pre-paid for a 1-year period of Shared Hosting Services, you are entitled to a pro-rata refund of the remaining months in the annual period.

1.3 Liability and Obligations on Termination. If the Agreement expires or is terminated for any reason, EC Internet is not liable to you because of the expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration.

1.4 Charges. You will pay all charges for your use of the Services at the then current EC Internet prices, which will be exclusive of any applicable taxes. You are responsible for paying all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on EC Internet's net income.

1.5 Payment. You will pay all charges for Services in advance according to the then current price for the Services. When registering for support Services, you must choose to pay for the Services either by credit card or upon your receipt of an invoice.

1.6 60 Day Guarantee. If you are not fully satisfied with the support Services, you may terminate this Agreement at any time during the first 60 days from your initial order date and receive a full refund of all payments you made to EC Internet for support Services.

2. Use of Services

2.1 Applicable Policies and Guidelines. The EC Internet Acceptable Use And Service Guidelines (the "Usage Guidelines") govern the general policies and procedures for use of the Services. EC Internet's Privacy Statement governs how EC Internet collects, stores, processes and uses information associated with your use of the Services.

2.2 Material and Product Requirements. You must ensure that all material and data placed on EC Internet's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by EC Internet.

2.3 Bandwidth, Storage, and E-Mail Usage. For Services, you will not exceed the bandwidth, storage and E-mail usage limits in the Service Profile. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, EC Internet may, in its sole discretion, work with you to increase your Service Profile, suspend the Service, or terminate this Agreement.

2.4 Domain Names. As part of the Services, you will provide EC Internet with a registered domain name or names, or EC Internet will register domain name(s) you select if the domain name is available for registration and does not violate any Network Solutions' or other registration services' policies, or any law or regulation.

2.5 Security. Customers that co-locate their own equipment with EC Internet or that supply their own applications are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, EC Internet will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting EC Internet or any of its other customers.

2.6 Commercial Advertisements via E-Mail. You will not use EC Internet services, your account or server to send or facilitate in any way the transmission of unsolicited commercial email. EC Internet will enforce substantial penalties, including charging you for related network costs and terminating your account, for violations.

3.0 Intellectual Property Rights

3.1 Your License Grant to EC Internet. You grant to EC Internet a non-exclusive, worldwide, and royalty-free license to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement.

3.2 Your Warranties and Representations to EC Internet. You warrant, represent, and covenant to EC Internet that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account, and (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content.

3.3 EC Internet Materials And Intellectual Property. All materials, including any computer software (in object code and source code form), data or information that EC Internet or its suppliers or agents develop or provide under this Agreement, and any know-how, methodologies, equipment, or processes EC Internet uses to provide the Services to you, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain EC Internet's or its suppliers' sole and exclusive property.

4. Enforcement

4.1 Investigation of Violations. EC Internet may investigate any reported violation of this Agreement, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. EC Internet will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

4.2 Actions. EC Internet may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or that potentially violates any laws.

4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect EC Internet's systems and customers, or to ensure the integrity and operation of EC Internet's business and systems, EC Internet may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on EC Internet's servers and systems.

5. Disclaimed Warranties EC Internet exercises no control over, and accepts no responsibility for, the content of the information passing through EC Internet's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE.

6. Limitation and Exclusion of Liability

6.1 Limitations. IN NO EVENT WILL EC INTERNET OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.

6.2 Interruption of Service. EC Internet and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, EC Internet is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

7. Indemnification You release and hold harmless, and agree to indemnify, EC Internet and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by EC Internet or its suppliers, arising out of or relating to: (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or nonproprietary right of a third party (including defamation, libel, violation of privacy or publicity).

8. MISCELLANEOUS PROVISIONS

8.1 Entire Agreement. This Agreement, in conjunction with all policies and guidelines incorporated by reference, constitutes the entire agreement between you and EC Internet with respect to the subject matter of the Agreement, and there are no representations, understandings or agreements that are not fully expressed in this Agreement and the related policies and guidelines.

8.2 No Fiduciary Relationship; No Third-Party Beneficiaries. EC Internet is not the agent, fiduciary, trustee or other representative of you. Except for the rights of EC Internet's suppliers under sections 6 and 7, nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person (other than the parties to this Agreement) any legal or equitable right, remedy or claim under or in respect to this Agreement.

8.3 Amendments. Except as expressly provided in this Agreement, no amendment, change, waiver, or discharge of this Agreement is valid unless in writing and signed by the parties.

8.4 Identification. EC Internet may, free of any obligation to pay compensation, use your name and identify you as an EC Internet client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

8.5 Choice of Law and Forum. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA.

8.6 Compliance With Laws. You will comply with all applicable laws and regulations and will indemnify and save EC Internet harmless from your failure to so comply.

8.7 Non-Assignment. You may not assign this Agreement or any right or obligation under this Agreement, by operation of law or otherwise, without EC Internet's prior written consent. EC Internet may assign its rights and obligations under this Agreement, and may utilize affiliates and agents in performing its duties and exercising its rights, without your consent. This Agreement are binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

8.8 No Waiver. EC Internet's failure to enforce the strict performance of any provision of this Agreement does not constitute a waiver of EC Internet's right to subsequently enforce the provision or any other provisions of this Agreement.

8.9 Severability. If any term or provision of this Agreement is deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement, if applicable, will remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, the term or provision will remain in full force and effect with respect to all other applications.

8.10 Headings. The section headings used in this Agreement are for reference and convenience only and will not enter into the interpretation of the Agreement.

8.11 Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.

December 2007