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 OrderThe '80s Server
Customer may send check or money order to:
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
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:
- Through the use of the Account Management System.
- 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:
- NO refunds will be given on monthly subscriptions.
- 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 .
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.