Service Agreement Terms

1. SERVICES AND CONDITIONS OF USE
Welcome to The '80s Server' Membership Service (the "Service")! The '80s Server agrees to provide you with the VIP Membership benefits of The '80s Server, as well as priority access to selected RealAudio features of The 80s Server, including (but not limited to) the four Jukeboxes, as well as many games, including 80s Crossword, Sliding Tile, Megalibrary, Lexicon, and the Hitsstory. The '80s Server reserves the right to modify this agreement at any time. As the customer, you agree to use the service in a manner consistent with all applicable laws and regulations and in accordance with this agreement.

2. PAYMENT OPTIONS
The customer agrees to pay all charges to his/her account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The '80s Server reserves the right to change or add fees, effective upon published notices. The customer may choose from three (3) forms of payment: personal check, money order, or credit card.

A. Terms of Payment by Credit Card
Customer must provide The '80s Server with valid credit card information. The customer must then wait until the credit card payment is processed before he/she may begin to use the service. The '80s Server will automatically charge the customer's account each month (on the anniversary date of the initial billing) for the duration of the service agreement. If the payment cannot be charged to the customer's credit card or if the customer's charge is returned to The '80s Server for any reason, including charge back, The '80s Server reserves the right to either suspend or terminate the customer's access and account.

B. Terms of Payment by Check or Money Order
Customer may send check or money order to:

The '80s Server

8650 College Blvd Suite 111

Overland Park, KS 66212
Payment for monthly subscriptions is due before the monthly anniversary of the initial billing date. The '80s Server reserves the right to suspend or terminate the account if payment is not received by the due date.

3. SUBSCRIPTION AND TERMINATION INFORMATION

A. The customer may choose from two (2) types of subscriptions:

1. Monthly The '80s Server Membership Terms
If the customer chooses to subscribe to the service monthly, he/she must provide The '80s Server with a payment no later than the due date assigned to the customer to assure continued service. The customer will be provided with a payment due reminder by e-mail at least one (1) week prior to the due date, provided that the customer has supplied The '80s Server with a valid e-mail address.

2. Yearly The '80s Server Membership Terms
If the customer chooses to subscribe to the service annually, he/she must provide The '80s Server with one payment, in full, for a total of twelve (12) months of uninterrupted service. The customer will be notified by e-mail at least one (1) week prior the the end of the 12-month period, provided that the customer has supplied The '80s Server with a valid e-mail address.

B. Termination of The '80s Server VIP Membership
The '80s Server agrees that it will terminate a customer's account upon notice from said customer. The customer has two options to notify The '80s Server of the wish to cancel:

1. Through the use of the Account Management System.
2. Via e-mail or phone (800-237-4891) to The '80s Server Customer Service (please note that Customer Service is in operation from 8 a.m. to 5 p.m. Central Time Monday through Friday, therefore any request made after normal business hours will be addressed during the next business day.
   

By applying for membership with The '80s Server, customer agrees to the following:

1. NO refunds will be given on monthly subscriptions.
2. Yearly subscribers will receive pro-rated refunds by months remaining on the subscription.

Customer must cancel subscription no later than one (1) week before a payment due date occurs.

C. Termination of Service
The '80s Server reserves the right to terminate the customer's account or access rights to this service at any time, without notice, and will notify the customer by e-mail.

4. ACCOUNT SECURITY
If the customer has reason to believe his/her account is no longer secure, (for example: in the event of a loss, theft, or unauthorized disclosure or use of the customer's ID, password, or any credit debit or charge card number stored on the service), the customer must promptly change his/her password and notify The '80s Server of the problem.

5. MUSIC LIBRARIES & COPYRIGHTED MATERIALS
All copyrighted songs on The '80s Server are provided under license agreements with ASCAP and BMI. All original content created by The '80s Server, including any songs and/or material, is strictly prohibited unless permission is granted in writing by The '80s Server .

6. INDEMNIFICATION
The customer agrees to indemnify and hold The '80s Server harmless from any dispute which may arise from a breach of terms of this agreement. The customer agrees to hold The '80s Server harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the service.

7. CHOICE OF LAW
This Agreement shall be construed and controlled by the laws of the State of Kansas. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Kansas. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Kansas.