Web Hosting & Internet Services Agreement

EXODUS COMMUNICATIONS, INC.



INTERNET SERVICES AND PRODUCTS AGREEMENT



This Agreement defines the terms and conditions between Exodus Communications, Inc., (hereafter referred to as "EXODUS") and eBay (hereafter referred to as "CUSTOMER") whereby Exodus provides value-added Internet services and related products to Customer.



1. Exodus will provide the following services and products at the prices shown

(see Addenda for additional services):



Connection Type__________ Usage Level____ Price________ Billing Period________

One Time Installation Cost Price________



Telco Connection provided by:______________ Price________ Billing Period________

One Time Installation Cost Price________



Other:____________________________ Price________ Billing Period________

Other:____________________________ Price________ Billing Period________

Equipment: see Attachment A (if applicable) Price________



Request for Service _____________________ SEE CO-LOCATION ADDENDUM

Date



Exodus will not increase prices for services provided during the Billing Period identified above. Exodus reserves the right to change prices beyond the billing period upon notice to Customer 30 days in advance of any change. All prices are exclusive of any tax, levy customs duty, import tax or similar governmental charge that may be assesses by any jurisdiction. All such taxes are the responsibility of Customer.



2. The term of this Agreement is for one year from the date Internet access is

connected, Customer may cancel within the first 30 days without penalty,

thereafter it is non cancelable, and will automatically renew yearly

thereafter, unless 60 day advanced notice is given by either party prior to

this agreement's anniversary date. Customer may cancel with 30 day advance

notice if Customer can show that Exodus has failed to provide commercially

reasonable service levels or price increases (if any) are not acceptable to

Customer. At that time Exodus connection service is installed or product is

shipped, Exodus will invoice the Customer. Payments for subsequent billing

periods will be issued in advance of the provision of service. Invoices are

due upon receipt.



3. Exodus makes no warranty of any kind with respect to services and products

provided under this Agreement. Exodus DISCLAIMS ALL WARRANTIES, EXPRESS AND

IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE DOMAIN NAMES

OBTAINED FOR CUSTOMERS, SERVICES, OR ANY





INFORMATION OBTAINED THROUGH THE SERVICES. In situation involving

performance or nonperformance of services or products furnished under this

Agreement, Customer's sole remedy shall be: in the case of products,

repair, or return of the defective product to Exodus for refund, at the

discretion of Exodus. In the case of services, refund of a prorata potion

of the price paid for services which were not provided. Credit will only be

issued for periods of lost service greater than 24 hours.



4. Exodus will not be liable for any damages Customer may suffer arising out

of acts of God, use or inability to use, Exodus' Internet services or

related products unless such damages are caused by an intentional and

willful act of Exodus. In no event shall Exodus be liable for unauthorized

access to Customer's transmission facilities or Customer premise equipment

or for unauthorized access to or alteration, theft or destruction of

Customer's data files, programs, procedure or information through accident,

fraudulent means or devices, or any other method. Exodus will not be liable

for indirect, incidental, special or consequential damages for any lost

property or data of Customer. Exodus' liability for damages to Customer for

any cause whatsoever, regardless of form of action, including negligence,

shall not exceed and amount equal to the price of products and services

purchased by Customer during the twelve month period preceding the event

which caused the damages or injury.



5. Exodus will indemnify and hold Customer harmless against any claims or

demand by any third party that any hardware or software provided by Exodus

to Customer hereunder, infringes any U.S. copyright or patent. Except for

such indemnity, Customer agrees to indemnify and hold Exodus harmless

against any claim or demand by any third party due to or arising out of the

use by Customer of Internet services and related products provided



6. Customer is solely responsible for the content of any transmissions any

Customer and any third party utilizing customer's facilities or Exodus'

facilities. Use of other organization's network or computing resources are

subject to their respective permission and usage policies. Customer agrees

to comply with all applicable laws with regard to the transmission and use

of information and content, solicitation of any activity that is prohibited

by applicable law over Internet. Customer further agrees not to use the

Internet service for illegal purposes, to interfere with or disrupt other

network users, network services or network equipment. Customer shall be

liable for and shall indemnify and defend EXODUS from and against any

claims in anyway arising from or related to (i) the alleged infringement of

patent, trademark, design, copyright or any other intellectual property

rights in relation to the Customer's use of the services and (ii) Customer

use or inclusion of any information, photographs, art work or other content

(including without limitation claims based on invasion of privacy, right of

publicity, the Communications Decency Act of 1996, obscenity or

pornography, and the violation of any states or ordinances or other laws).



7. Customer understands that Internet use, and related products and services

provided under this Agreement, may require registration and related

administrative reports which are public in nature. In addition Customer

agrees Exodus may include its name in directories of Exodus customers. ...