Gametap Gametap.com Refund Refused on Subscription Cancelled in Less Than 24 Hrs Atlanta, Georgia

On 4/9/2011, I started a subscription for the access to computer games provided by Gametap.com.  The one year subcription cost $79.95.  The provider claimed that the service was compatible with Windows XP, which is what I am running.  The terms of service stated the following:
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Offered Service:

Unlimited Play (Classic Pack, Premium Pack): the period of subscription is one (1) initial month renewed by tacit agreement over monthly periods. The user can freely terminate the contract as long as he notifies GameTap of the termination as explained below.

The user can cancel for any reason; at any time his/her subscription to one of a subscription services or a trial period. Cancellation is carried out online in a few mouse clicks by filling in the form to this effect on the site. If the user cancels his/her subscription during a trial period (see below), the online cancellation is effective immediately. If the user cancels his/her subscription to a subscription service outside of the trial period the cancellation must be carried out online a minimum of 48hrs before the subscription renewal date. This delay is in place to ensure that the cancellation has taken effect prior to the bank taking payment for the subscription service. If the User cancels his/her subscription less than 48hrs before the subscription renewal date he/she runs the risk that the cancellation will not be effective before the following renewal date, the payment for that month will be automatically debited from their account and the Collection/Subscription will remain open until the following renewal date when the cancellation will take effect.

As an option, the user can get a discount on the price and choose a period of subscription of one year. In that case, the user can cancel at the end of the yearly period according the same process as described above.
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On the same day, I downloaded 3 games to try, which took several hours.  The first game started briefly, but ran so slow that I could not play it.  Neither of the other two games would start at all.  I chose to cancel the subscription, as it was apparent that the service was going to be more of a headache than it was worth. 

I followed the instructions for cancellation that Gametap provided on their website, cancelled the service and requested a refund on 4/9/2011, less than 12 hours after I started the subcription.  Instead of immediately cancelling the subscription, as requested, I received an email from their "support" people offering to troubleshoot the games.  I replied that I just wanted to cancel and get a refund.  The next day, I received a reply from them that they had cancelled the service.  This was on 4/10/2011. 

On 4/11/2011, Gametap charged my bank account for the subscription.  I emailed them to find out when I would get my refund and am now being told that I will not get any refund, because I downloaded a game.  I find this completely ridiculous, as the terms and conditions clearly states that I can cancel my subscription at any time and receive a refund.  How can I know that the service won't work for me, UNLESS I DOWNLOAD A GAME???

This situation is completely unacceptable, considering the situation.  This company is underhanded and should not be permitted to continue this business practice.