GEMAIR SUBSCRIBER AGREEMENT

By using GEMAIR Internet Service, SUBSCRIBER agrees
to all of the following terms and conditions:

Account Activation

GEMAIR Service will be activated once payment is received for the first payment period. SUBSCRIBER is solely responsible for providing accurate and complete billing information at the time of account purchase and/or activation.

Definitions

cross-posting : Posting unsolicited newsgroup articles to more than one newsgroup at a time
shell account: Allows Subscriber to run system processes and applications on the GEMAIR web server (some common examples are FTP and Telnet access and server-side web scripting
proxy server: A server that sits between a client application, such as a Web browser, and a real server and intercepts all requests to the real server to see if it can fulfill the requests itself. They are mainly used to filter requests and/or improve performance.
mass-posting: Posting unsolicited newsgroup articles to many or all newsgroups at one time.
off-topic posting: Posting unsolicited newsgroup articles to a newsgroup which are not relevant to the defined scope of the newsgroup
denial-of-service (DoS): A type of attack on a network that is designed to bring the network to its knees by flooding it with useless traffic.
virus: program or piece of code that is loaded onto your computer without your knowledge and runs against your wishes, and is capable of replicating itself.
Trojan horse: A destructive program that masquerades as a benign application, but which is not capable of replicating itself.
firewall: A system (implemented either in hardware or software) designed to prevent unauthorized access to or from a private network.
anti-virus: A program or application designed to detect, disinfect, and prevent the spread of computer viruses on a computer or network.
open relay: A misconfigured mail server which allows users to send unauthorized mail. Such servers are often used by "spammers" to send bulk unsolicited commercial email, or "spam".

1 USAGE POLICIES

1. 1 Limitation of Service

GEMAIR reserves the right to refuse service to any individual, business, or organization.

1.2 Definitions of Unacceptable Use
SUBSCRIBER is responsible for all of SUBSCRIBER's communications via the GEMAIR Service. SUBSCRIBER may not, under any circumstances without prior written approval of GEMAIR as applicable, perform any of the following actions:

1.2.1 Illegal Use
Use the GEMAIR Service to further a criminal act or conspiracy or to engage in any illegal activity.

1.2.2 Fraud

Use the GEMAIR Service in connection with "pyramid schemes", "Ponzi schemes", "chain letters", or any other fraudulent use.

1.2.3 Forgery, Impersonation, or Identity Theft

Adding, removing, or altering network header or other information in an attempt to deceive or mislead, except as allowed in legal ways to avoid unsolicited e-mail. Impersonating another individual or entity by any means. NOTE: This does not prohibit the use of anonymous re-mailers or proxy servers. Theft, interception, or collection of personal information from the GEMAIR network or through the use of the GEMAIR Service is also expressly prohibited. This expressly prohibits the illegal harvesting of email addresses and the interception of private communications.

1.2.4 Harm to Minors

Attempts to harm, attempt to harm, or to encourage harm to minors through the use of the GEMAIR internet service are prohibited and may subject SUBSCRIBER to prosecution. SUBSCRIBER does, however, understand that the internet as a whole may contain material and or information which may be judged to be inappropriate or harmful to minors and that SUBSCRIBER has sole responsibility for the use of and access to any materials accessed via GEMAIR Services, and agrees that GEMAIR is not responsible for the monitoring of the content of information accessed the blocking of objectionable content. Information about blocking and filtering software is available from GEMAIR upon request.

1.2.5 Threats

Any use of the GEMAIR Service that threatens or encourages bodily harm, personal injury, or destruction of property.

1.2.6 Harassment

Any use of the GEMAIR Service that defames, abuses, stalks, or otherwise harasses another individual or entity.

1.2.7 Unsolicited Email or Instant Messages

Use of GEMAIR or related services to send unsolicited, or any duplicative or unsolicited messages to any party or parties with which SUBSCRIBER has no prior relationship (commercial or otherwise). This includes use of third-party servers to relay such messages or to hide the origination of such messages. This further prohibits the inclusion of SUBSCRIBER's GEMAIR email account or address in any such messages.

1.2.8 Cross-Posting, Mass-Posting, or Off-Topic Posting to Newsgroups or BBS's

Use of GEMAIR Service to "cross-post", "mass-post", or post "off-topic" messages to any newsgroup or Bulletin Board System (BBS), as defined by the legitimate moderator(s) or monitor(s) of such systems.

1.2.9 Inappropriate Material

Publishing, distribution, or dissemination of any inappropriate, profane, obscene, indecent, defamatory, infringing, or other unlawful material or information through the use of the GEMAIR Service. GEMAIR reserves the right to immediately remove such material and/or demand removal by SUBSCRIBER of such material. In addition, any illegal usage may subject SUBSCRIBER to prosecution under applicable laws.

1.2.10 Improper Usage of Shell Account

SUBSCRIBER shall not execute any Shell process that use excessive CPU time or memory, or that continue to execute after SUBSCRIBER logs out.

1.2.11 Improper or Excessive Usage of Accounts

Use of a personal residential account for high-volume or commercial use. This includes:

1.2.11.1 Multiple Simultaneous or Concurrent Logins

Multiple simultaneous logins are prohibited (except as allowed by the purchase of a multiple-user account). This means that a single-user account may only maintain one simultaneous connection to the internet from one computer and one line. Additional attempts to access the internet concurrently will be blocked.

1.2.11.2 Maintaining Connection by Artificial Means

Maintaining a continuous connection while subscriber is not at the computer.

1.2.11.3 Sharing of Accounts

The use of SUBSCRIBER's account by persons other than SUBSCRIBER's immediate family and/or the improper sharing of username/password information in an attempt to allow others to use the GEMAIR Services without payment are prohibited.

1.2.11.4 Unlimited Usage

The continuous usage of the GEMAIR service in a manner not consistent with a personal residential account (except as allowed by the purchase of a dedicated account). This means that while a personal residential account allows "unlimited" connectivity, the term "unlimited" refers to the ability to make an unlimited number of connections, not to the ability to maintain a dedicated connection.

1.2.11.5 Commercial Usage

Usage of a personal residential account for commercial purposes (including advertising or revenue generation related to a product or service), or any other improper or excessive use of the GEMAIR Services.

1.2.12 Resale of Services

SUBSCRIBER is not permitted to resell or redistribute any portion of the GEMAIR Services. This includes, but is not limited to: hosting of web pages for parties other than SUBSCRIBER, sale of remote access service via the GEMAIR Network, or the creation or operation of a public network (wireless or otherwise) allowing access to the GEMAIR network.

1.2.13 Network Disruption or Damage

SUBSCRIBER shall not attempt to gain unlawful access to GEMAIR, other GEMAIR accounts, or other systems or networks through any methods. SUBSCRIBER shall not attempt to disrupt service to the GEMAIR network, GEMAIR users, or any other systems or networks through the use of denial-of-service (DOS) attacks or any other means. SUBSCRIBER shall not knowingly transmit or upload any viruses, Trojan horses, worms, or any other harmful or deleterious files or programs. SUBSCRIBER may be subject to suspension or termination of services as well as prosecution under applicable laws for violations.

1.2.14 Unfriendly Activity

SUBSCRIBER shall not interfere with another GEMAIR SUBSCRIBER's use and enjoyment of the GEMAIR Services.

1.2.15 Violation of Laws

SUBSCRIBER shall not use the GEMAIR Services in violation of any laws, including, but not limited to, the export of technical data or software to countries or areas to which export.

1.3 Prevention of Unsolicited Mail

GEMAIR reserves the right to refuse delivery of mail or other transmissions that originate from a system defined as an open relay by appropriate authorities. This in no way applies that GEMAIR will be responsible for the protection of SUBSCRIBER from all unsolicited mail or for the blocking of such unsolicited mail once identified.

1.4 GEMAIR System Identification Information

All GEMAIR usernames, password, and email addresses remain the property of GEMAIR, which may alter or replace them as necessary.

1.5 Maintenance of Customer Equipment

SUBSCRIBER shall be solely responsible for maintaining equipment required for Subscriber's access to and use of GEMAIR Services (except as explicitly covered in a GEMAIR maintenance contract). SUBSCRIBER shall be responsible for the security and upkeep of all network and system equipment related to the access to and use of the GEMAIR network and services (this includes the installation, maintenance, and support of all anti-virus and firewall measures, which, while strongly recommended, are to be used at the sole discretion of the SUBSCRIBER and which are not warranted or supported by GEMAIR in any manner). SUBSCRIBER shall be responsible for the security of Subscriber's usernames/passwords and other confidential GEMAIR Account information relating to Subscriber's GEMAIR account and service.

1.6 Long Distance and Other Telecommunications Fees

SUBSCRIBER shall be solely responsible for determining if use of a particular dial-up access number will cause SUBSCRIBER to incur long-distance, local calling plus, toll, or other telecommunications charges. SUBSCRIBER is solely responsible for payment of such fees and charges if and when they are incurred.

1.7 Penalties for Violation of Usage Policies

GEMAIR reserves the right, at its sole discretion, to immediately terminate without refund the Service of any SUBSCRIBER found in violation or attempt to violate these usage policies. Other penalties may include written or verbal warnings, temporary suspension of Service, in addition to referral of the violation to applicable authorities for prosecution as warranted and applicable. SUBSCRIBER may also be responsible for reasonable fees (including the cost of labor for repair and recovery and attorney's fees) incurred by Subscriber's actions in violation of these Usage Policies.

2 FEE POLICIES

2.1 Invoicing Procedure

All GEMAIR personal residential accounts will be invoiced to Subscriber's GEMAIR e-mail account, unless GEMAIR is otherwise instructed. If SUBSCRIBER wishes to receive invoices at another valid email address (NOTE: free, web-based mail addresses such as Hotmail, Yahoo, etc. are not considered valid for billing purposes), SUBSCRIBER is required to notify GEMAIR in writing at least 15 days prior to Subscriber's billing date of the new billing email address. Paper invoices sent by US Postal Service mail must be requested at least 15 days in advance, and will be subject to a ($2.OO administrative fee per invoice. SUBSCRIBER is responsible for payment of invoice for ongoing accounts regardless of receipt of invoice as specified in this unless valid termination notice is received. All other GEMAIR billing correspondence will be sent to Subscriber's GEMAIR email account except as otherwise specified.

2.2 Suspension of Overdue Accounts

Delinquent accounts overdue by more than 15 days shall be subject to Suspension. The determination of delinquent status shall be made by GEMAIR at its sole discretion. Account charges and fees will continue to accrue until the account is paid in full and/or a valid termination notice is received by GEMAIR according to Section 3.4. GEMAIR may also bill an administrative fee of $10.00 per residential account or $25.00 per business account to reinstate a suspended or terminated account.

2.3 Termination of Accounts

2.3.1 Voluntary Termination

Non-use of SUBSCRIBER account does not constitute termination. Termination requests must be received in writing (termination requests by telephone will not be accepted) by GEMAIR at least 48 hours prior to the next billing date to be processed. Termination requests must be received via one of the following formats:
A. Via Email to billing@gemair.com
B. Via US Mail to GEMAIR,,119 Valley Street, Dayton, OH 45404
No confirmation of termination will be sent by GEMAIR unless specifically requested.

2.3.2 Involuntary Termination

Delinquent accounts overdue by more than 30 days shall be subject to Termination. The determination of delinquent status shall be made by GEMAIR at its sole discretion. Fees in default longer than 30 days may be reported to any appropriate credit reporting agencies, and SUBSCRIBER shall be responsible for the payment of additional fees related to the collection of such defaulted fees, including, but not limited to, collection fees and reasonable attorney s fees.

2.3.3 Removal of Data from Terminated Accounts

Approximately 30 days after termination, GEMAIR will remove all files, electronic mail, web sites, and other data associated with Subscriber's account. Prior to this removal, SUBSCRIBER may remove or copy such data from an account in good standing by contacting GEMAIR. After this removal, and in the case of a delinquent account, SUBSCRIBER shall have no access to such data, and GEMAIR shall have no means to recover such removed data.

2.3.4 Refund Policy

GEMAIR will, upon written request at the time of termination, issue a refund for the unused portion of Subscriber's properly terminated prepaid account, in whole-month increments. Such refund will be calculated by subtracting the number of used months billed at the highest monthly rate (e.g. $17.95 for residential dial-up accounts) from the original amount prepaid. Any refund due will be issued to SUBSCRIBER in the manner in which payment was originally made.

2.3.5 Implied Renewal of Accounts

Once SUBSCRIBER has used Service for 30 days, SUBSCRIBER has implicitly agreed to continuous usage and billing. For example, if SUBSCRIBER pays quarterly and continues to use the account after the current quarter ends, he/she will have implicitly agreed to renew for an additional quarter.

3 PRIVACY POLICIES

GEMAIR respects and guards the privacy of its SUBSCRIBERS. The name, address, payment information, and other information provided to GEMAIR, or pursuant to Subscriber's use of GEMAIR and/or the internet, will not be provided or disclosed by GEMAIR, except as permitted by agreement with the SUBSCRIBER, or as required or allowed by applicable law or legal process.

GEMAIR maintains no obligation to monitor Subscriber's usage of GEMAIR and/or the internet, or to retain the content of any SUBSCRIBER session. However, GEMAIR reserves the right at all times, and without notice to SUBSCRIBER to delete any content pursuant to the Usage Policies below, and to monitor, review, retain, and/or disclose any content and/or other information in GEMAIR's possession about or related to SUBSCRIBER, Subscriber's usage of GEMAIR and/or the internet, as necessary or useful to satisfy any applicable law, regulation, or legal process or for internal processes. This may include, but will not be limited to subscriber data, connection history, and access history.

4 INDEMNIFICATION

SUBSCRIBER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GEMAIR, INC. AND ITS SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM SUBSCRIBER'S USE OR MISUSE OF THIS SITE. GEMAIR, INC. RESERVES THE RIGHT, AT IT"S OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY SUBSCRIBER, IN WHICH EVENT SUBSCRIBER WILL COOPERATE WITH GEMAIR, INC. IN ASSERTING ANY AVAILABLE DEFENSES.

5 DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY GEMAIR, GEMAIR, INC. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. GEMAIR, INC. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. SUBSCRIBER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEMAIR, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEMAIR, INC. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH GEMAIR, INC. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY GEMAIR, INC. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. GEMAIR, INC. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM SUBSCRIBER'S USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, GEMAIR'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

6 LAW APPLICABLE

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, EXCLUDING ITS CONFLICTS OF LAW RULES. YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS SITE SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF OHIO, AND YOU FURTHER AGREE AND SUBMIT TO THE EXERCISE OF PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM OR ACTION.