Appendix – Dish Network Duo ViP 222 User Manual

Page 145

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Appendix

137

Residential Customer Agreement

C. Online Account Information. If you have an online account with us, you are responsible for maintaining the confidentiality

of your account username and password and for all activities that occur under your account username and/or password. You

must: (i) keep your account username and password confidential and not share them with anyone else; and (ii) immediately

notify us of any unauthorized use of your password and/or account username or other breach of security.
D. Third-Party Billing Agents. We may enter into relationships with third parties to provide billing and other services on our

behalf, in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the

circumstances. Additional terms and conditions imposed by our third-party billing agents may apply. For example and

without limitation: (i) late fees imposed by our third-party billing agents may be administered according to our third-party

billing agent's billing procedures and applicable state tariffs and regulations; (ii) our third-party billing agents may require that

you to pay all past due charges for Services, a restart fee, and/or a prepayment before we reconnect your Services; and (iii)

other services provided by our third-party billing agents, including without limitation, local telephone service, may need to be

restored before DISH Network Services can be restored, and a restoral fee and/or deposit may be required to restore third-

party billing agent services. Partial payments on third-party billing agent bills may be applied first to the balance due for other

services billed on your third-party billing agent bill, including without limitation, local telephone service, according to the third-

party billing agent's billing procedures and applicable state statutes and regulations. Please contact your third-party billing

agent for details. Failure to pay all or any part of your third-party billing agent bill may result in disconnection of Services.
E. Credit Checks. You authorize DISH Network to investigate your financial responsibility and creditworthiness, including

without limitation, acquiring credit reports and histories, and to report any payment defaults to credit reporting agencies.

Under the Fair Credit Reporting Act, you have the right to notify DISH Network if you believe we have reported inaccurate

information about your account to any credit reporting agency. Please include in any such notice the specific item of dispute

and why you believe the information reported is in error.
F. Applicable Law. This Agreement, including without limitation, all matters relating to its validity, construction, performance

and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement, the Services or the

Equipment shall be governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law

provisions. This Agreement is subject to amendment, modification or termination if required by such laws or regulations. If

any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision will be

considered modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or

regulation, without affecting the validity of any other provisions.
G. Remedies Cumulative. The rights and remedies provided under this Agreement to DISH Network in case of your default

or breach of this Agreement are cumulative and without prejudice to any other rights and remedies that DISH Network may

have by reason of such default or breach at law, in equity, under contract or otherwise (all of which are expressly reserved).
H. Other. No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual

is authorized to change or override this Agreement. DISH Network may, however, change this Agreement at any time and

will notify you if that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their

nature would logically be expected to survive its expiration or termination will continue thereafter. This Agreement is in

addition to any other written agreement(s), if any, between you and DISH Network, including without limitation, any

applicable Promotion Agreement, and except as provided to the contrary herein, all such written agreements shall remain in

full force and effect. Except as expressly set forth in this Agreement to the contrary, this Agreement replaces and

supersedes any and all prior DISH Network Residential Customer Agreements in their entirety, and such prior DISH Network

Residential Customer Agreements shall be of no further force or effect whatsoever. In the event of any ambiguity between

this Agreement and any applicable Promotion Agreement, DISH Network shall have the sole and exclusive authority to

interpret and/or make a final determination concerning any issue arising from such ambiguity.

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