Dish Network Duo 322 User Manual

Page 88

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Residential Customer Agreement

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B. You shall notify us promptly of any defect in, damage to, or accident involving the

equipment. All maintenance and repair of the equipment shall be performed by us or our
designees. DISH Network may charge you for any repairs that are necessitated by any
damage to, or misuse of, the Equipment.

6. TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT

DISH Network may sell, assign or transfer your account to a third party without notice

to you. You may not assign or transfer your Services without our written consent which will
not be unreasonably withheld. We may, however, refuse to allow you to assign or transfer
your Services if you lease your Equipment or if your account has an outstanding balance.

7. LIMITATION OF OUR LIABILITY

A. WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR

LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR
NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF ALL
OR A PORTION OF THE SERVICES, THE RELOCATION OF ALL OR A PORTION OF
THE SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE FEATURES
AVAILABLE WITH YOUR DISH NETWORK DBS EQUIPMENT OR ANY ACTS OF
GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, ACTS
OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR
CONTROL. WE WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM
LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING DUE TO
ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.
WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE
DISH NETWORK DBS EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL
SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL WE
H AV E A N Y L I A B I L I T Y F O R S P E C I A L , I N D I R E C T, I N C I D E N TA L O R
CONSEQUENTIAL DAMAGES RELATING TO THE DBS EQUIPMENT OR
RESULTING FROM OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES
OR EQUIPMENT TO YOU, OR FROM ANY FAULT, FAILURE, DEFICIENCY OR
DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.

B. It is your responsibility to impose any restrictions on viewing by you, other members

of your household, or guests, and we shall have no liability to anyone due to or based on the
content of any of the Services furnished to you.

8. WARNING AGAINST PIRACY

It is a violation of several U.S. federal and state laws to receive any Services, or any

portion of such Services, without paying for them. The penalties for violating such laws can
range from imprisonment to civil damage awards of up to $110,000 per violation.

9. MISCELLANEOUS

A. Physical Address/Change of Address. When setting up your DISH Network account,

you agree to provide us with the physical street address where the Equipment will be located.
A post office box does not constitute a physical address and is not sufficient to meet this
requirement. You agree to give us prompt notice of your change of name, mailing address,
physical address where the Equipment is located or telephone number. You may do this by
notifying our Commercial Customer Service Center by telephone or in writing.

B. Notice. If we send you notice, it will be considered given when deposited in the U.S.

Mail, addressed to you at your billing address or hand-delivered to you. Our notice to you
will also be effective if provided on your billing statement or by telephone. If you give notice
to us, it will be deemed given when received by us at the address listed on the first page of
this Agreement.

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