ThB.Music Services, Inc. ("Audiohost.com") 2340 Hollister Ter. Glendale, CA 91206 818.241.9989 http://audiohost.com Hosting Service Agreement Services Provided by Audiohost.com Audiohost shall provide Customer with hosting services as set forth in this Agreement. Audiohost.com has the right to control and direct the means by which the hosting services are performed and may at its discretion subcontract these services to third party Internet service providers. Audiohost.com shall provide a reasonable level of technical support for the hosting services and such additional support as may be agreed upon between Customer and Audiohost.com. Audiohost.com shall provide the specified amount of space on an Internet Server that is fit and configured to stream RealAudio and RealVideo files. Customer shall encode, upload and manage his own RealMedia files. In case of browser incompatibility with the provided user interface, customer shall e-mail his RealMedia files to Audiohost.com. This Agreement does not transfer any title or rights to any software, hardware, documentation or any intellectual property embodied or used in connection with the services provided. Customer Responsibilities and Obligations Customer shall solely be responsible for any content it publishes via the hosting services provided by Audiohost.com including but not limited to data, graphics, artwork, and copyright/trademark notices. Customer shall defend, indemnify, hold harmless Audiohost.com from all liabilities and costs including reasonable attorney fees arising from any and all claims by any person arising out of Customer's use of the services, including without limitation any content. Customer represents and warrants that it has secured all necessary rights to publish and/or sell any content via services provided under this Agreement and will comply with any obligations it may have under third party mechanical and/or performance rights agreements. Audiohost.com reserves the right to suspend or terminate services immediately upon notice to Customer if Audiohost.com has reasonable grounds to believe that Customer is utilizing services illegally or is in violation of any agreement with Audiohost.com. Terms and Payment Terms Customer agrees to pay the fees set forth in the Hosting Services Agreement and authorizes Audiohost.com to charge Customer's credit card for fees associated with this service agreement. This agreement will automatically renew for successive periods of the original length for the life of the contract until cancelled. Cancellation is acceptable in writing, via e-mail or by using the "Cancel Account" feature of Customer's Personal Control Panel (part of the provided services). Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed for the recurring charges for the life of the contract including any automatic renewal periods. Either party may terminate this Agreement in the event: a) the other party materially defaults in performing any obligation under this Agreement and such default continues unremedied for a period of thirty days following written notice of default; or b) if either party declares or files bankruptcy. Miscellaneous AUDIOHOST.COM'S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER TO AUDIOHOST.COM. IN NO EVENT SHALL AUDIOHOST.COM BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE USE OF THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. AUDIOHOST.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE SYSTEM OR SERVICES PROVIDED BY AUDIOHOST.COM HEREUNDER. This Agreement shall be interpreted according to the laws of the State of California. In the event any one or more provisions of this Agreement is invalid or unenforceable, the enforceability of the remaining provisions shall be unimpaired.