1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to the Thai On Air Service, the Thai On Air website, and Thai On Air (the "Service"'). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, all products or services provided by the Service or through the Thai On Air website, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Thai On Air website, and you should review this Agreement periodically.

2. The Service. The Thai On Air Service is a membership service offering unlimited DVDs and VCDs containing Thai movies and television programming. As part of the Service, you may rent a fixed number of DVDs or VCDs for a fixed monthly price. You may keep each one as long as you want, and there are no due dates or late fees. The DVDs and VCDs are delivered by regular mail. The delivery and return postage are free. The Service is available to all members in good standing.

3. Availability. The Service is currently available to US residents only, and accordingly, you represent and agree that you are a US resident. We will announce service offerings in other countries periodically.

4. Price & Payments. The price of the Service is either $27.95 per month or $43.95 per month, depending on your membership plan. The membership fee will be debited monthly from your credit card account. To maintain your status as a member in good standing, you must maintain your credit card account such that the fees may be debited monthly. The Service may be offered at a lower price through various partner programs.

5. Cancellation and Refund Policy. If you are not pleased with the Service, you may cancel at any time, for any reason. You will not be charged any monthly fees after your cancellation, as long as your cancellation is received at least 24 hours prior to your monthly payment date. If you request cancellation in the middle of your billing cycle, you will not be entitled to a refund of a pro rata amount of the monthly fee. Monthly membership fees will not be refunded for any reason; however, if you do not receive any DVD or VCD shipment, or if you receive defective DVDs or VCDs, we will ship replacement DVDs or VCDs within 24 hours of you notifying us by email or phone.

5.1 Cancelation During Trial Period. New members in our Basic Plan join with a trial period.  There is no trial period for members in our Premium Plan.  In our Basic Plan trial period, if you cancel your membership before the last day of an initial trial period, then we will not charge your credit card at all, except if we have not received the initial shipment of discs back from you. If we have not received your initial disc shipment and you cancel your membership before the end of the trial period, we will charge your card for the first month, but then we will refund this charge once we receive the initial shipment of discs. If we never receive our initial shipment of discs from you after you have canceled during your trial period, then you hereby acknowledge and agree that Thai On Air will charge your credit card for one month of service, which is non-refundable.

6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, alleged liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Service, or your unlawful distribution of any DVDs or VCDs that you receive through the Service. You will provide reasonable cooperation to the Service in such defense, and the Service reserves the right to control any such defense in the event that the Service believes that you is not effectively protecting the Service's rights. "Liability" shall include, without limitation, any and all costs and expenses incurred, including reasonable attorney's fees and court costs. "Alleged Liability" shall include any and all claims and demands.

7. Limitation of Liability. In no event will Thai On Air be liable to you for lost profits, lost data, or any form of special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), breach of warranty or otherwise, regardless of whether such damage was foreseeable and whether or not we have been advised of the possibility of such damage. Furthermore, our maximum liability to you under all circumstances will be equal to the sum of all the fees that you paid for the service during the term of your membership.

8. Copyright. The content, organization, graphics, designs, logos, and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service or Thai On Air website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Thai On Air website. The posting of information or materials on the Thai On Air website does not constitute a waiver of any right in such information and materials.

9. Trademarks. "Thai On Air," the Thai On Air logo and other marks are either service or registered service marks of Thai On Air. All rights are reserved. Other product and company names mentioned on the Thai On Air website may be trademarks of their respective owners.

10. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Thai On Air website grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

11. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Thai On Air website.

12. Nontransferable; Personal Use. Your right to use the Service and website is not transferable. Any account number, password or right given to you to obtain information or documents is not transferable. Importantly, the Thai On Air Service is for personal use only.

13. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SERVICE AND WEBSITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SERVICE AND WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICE OR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ELECTRONIC FILES CONTAINING FORMS OR DOCUMENTS IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR DVDS, VCDS OR SERVICE OR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES YOU PAID THE SERVICE.

14. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

15. Payments. You represent and warrant that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

16. Links to Other Web Sites. The Thai On Air website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Thai On Air website does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party sites, you do so at your own risk.

17. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the website;

d. Your address, telephone number, and e-mail address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

18. Your contact for Notice of claims of copyright infringement on the Thai On Air website is the "Thai On Air DMCA Agent," who can be reached as follows:

By mail:

Thai On Air DMCA Agent
150 Post Street, Suite 520
San Francisco, CA 94108

By e-mail: DMCA@ThaiOnAir.com

19. Information and Press Releases. The website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

20. Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site or the Services (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 8 and 14. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party.

If any controversy or dispute arising from or relating to this Agreement, the Site or the Services, even if arising after termination of this Agreement, cannot be resolved through mutual agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of the American Arbitration Association ("AAA") in San Francisco, California, in accordance with the AAA's then-existing Commercial Arbitration Rules. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between you and Thai On Air, and will survive termination of our relationship and this Agreement. You acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between us determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions. If for any reason this foregoing mandatory arbitration provision is invalid or unenforceable, then all legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Should any part of this overall Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Updated:  May 20, 2007