Esidential, Ustomer, Greement – Dish Network 942 User Manual

Page 150: Appendix, Post receipt exchange program, Accessory warranty

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Appendix

143

Residential Customer Agreement

Post Receipt Exchange Program

You may choose to ship the equipment to us at your cost. To provide faster service, upon receipt of your equipment you will be shipped a

replacement. Your original equipment will not be available for return.
The equipment you return will be checked to verify whether it is covered under this warranty. If the defective equipment is covered under this

warranty, it will be replaced and shipped back to you at no additional cost (additional charges may apply outside of the continental US).
If your equipment is out of warranty and can be repaired your billing account or credit card will be charged the standard repair fee for the

replacement. If damage to the defective equipment is found, which EchoStar in its sole discretion determines has voided the warranty, or

makes the equipment unrepairable, your billing account or credit card will be charged the market price of the replacement.

Accessory Warranty

An accessory is any DISH Network branded equipment, displaying the DISH Network logo, excluding the receiver, cables and hookups, and

non-mechanical components. A one-year warranty becomes effective upon the activation of the DISH system or date of purchase, if bought

separately. A proof of purchase is required to verify the purchase date. If an accessory has an expired warranty, no exchange will be issued.

You may purchase replacement accessories from DISH Network or your local retailer.

R

ESIDENTIAL

C

USTOMER

A

GREEMENT

THIS RESIDENTIAL CUSTOMER AGREEMENT IS EFFECTIVE UNTIL REPLACED. THIS DOCUMENT DESCRIBES THE TERMS AND

CONDITIONS UNDER WHICH DISH NETWORK WILL PROVIDE ITS SERVICE TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND

CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE. IF YOU ARE A NEW DISH NETWORK

CUSTOMER, YOUR ACTIVATION OF A DISH NETWORK ACCOUNT AND RECEIPT OF DISH NETWORK SERVICES SHALL

CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON

YOU. IF YOU ARE AN EXISTING DISH NETWORK CUSTOMER, YOUR CONTINUED RECEIPT OF DISH NETWORK SERVICES

FOLLOWING RECEIPT OR PUBLICATION BY DISH NETWORK ON ITS WEB SITE OF THIS AGREEMENT SHALL CONSTITUTE YOUR

ACCEPTANCE OF ITS TERMS AND CONDITIONS, AND, ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU.
Thank you for choosing DISH Network for your television service provider.
DISH Network is happy to answer any questions you may have and to provide you with technical and other customer support through the

following toll-free number and email address

1-800-333-DISH (3474)

[email protected]

or you may write to:

DISH Network

Customer Service Center

P.O. Box 33577

Northglenn, CO 80233

and, for general knowledge, try our website at www.dishnetwork.com. “DISH Network” is a trademark of EchoStar Satellite L.L.C.

1

THE DISH NETWORK SERVICE

A. Services Defined. DISH Network offers a wide variety of video and audio programming and other services and we are constantly striving

to add new services to our lineup. For purposes of this Agreement the term “Services” shall mean the programming available on DISH

Network (whether subscription based or pay per view based) and any other services that we may provide to consumers either now or in the

future. For purposes of this Agreement the terms “You” or “Your” refer to you, the DISH Network subscriber.
B. Programming Changes. Except as otherwise set forth in this Agreement, you may change your programming selection at any time by

notifying us. A fee may apply to such changes (Change of Service Fee). In addition, you may be charged a fee (Service Access Fee) if you

fail to subscribe to one of DISH Network's basic programming packages which include America's Top 60, America's Top 120, America's Top

180, DISH Latino or DISH Latino Max.
C. Programming Availability. Certain Services transmitted by us, including but not limited to some subscription Services, sporting events and

broadcast network Services, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts,

you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to

receive adult-oriented programming services.
D. Ordering Pay Per View. You may order DISH Network pay-per-view Services by using your on-screen Program Guide and remote control

unit to select the movies and other events we offer. To order DISH Network pay-per-view Services, your DISH Network DBS digital receiver

must be connected to a telephone outlet. You may also order DISH Network special events and pay-per-view Services over the telephone by

calling the Customer Service Center or by using our automated system through the following toll-free number:

1-877-DISH-PPV (347-4778) for ordering movies

A fee will apply for use of the automated system (Pay-Per-View Automated Fee) or the Customer Service Center (Pay-Per-View Fee).
E. Private Viewing. DISH Network provides Services to you for your private home viewing, use and enjoyment. You agree that the Services

provided will not be viewed outside of your private residence. You are permitted to exhibit the Services solely in your private residence and

not in any other areas. The Services may not be rebroadcast, transmitted, recorded or performed, nor may admission be charged for

listening to or viewing any Services provided by us. If we later determine that you utilized your DISH Network Equipment (including any

additional DISH Network receivers) or sold, leased or otherwise gave possession of the same to a third party who you knew or reasonably

should have known intended to use it to permit the viewing of the Services in a commercial establishment or any other area open to the

public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price

actually paid for the Services and the full commercial rate for such Services, regardless of whether we have or had the commercial rights to

distribute such Services in a commercial establishment. The payment of that amount and/or the termination of Services shall not prejudice

our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.
F. Additional Receivers. DISH Network will allow you to place up to five additional receivers on your account. Each additional receiver would

be authorized to receive the same Services as your initial receiver. Unless your receiver is rented from DISH Network in which case a

monthly rental fee will apply, DISH Network will charge you a monthly Additional Outlet Programming Access Fee for each additional receiver

added to your account. This option is only available if your initial DISH Network receiver and all additional receiver(s) are located at the same

residence and are continuously connected to the same telephone line. If you desire to receive Services at two different locations, you must

open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing

Services for multiple DISH Network receivers that are not all located in the same residence and connected to the same phone line. If we later

determine that you did, we may terminate your Services and, in addition to all other applicable fees, you agree to pay us the difference

between the amounts actually received by us and the full retail price for the Services authorized for each DISH Network DBS receiver on the

account, whether owned by you or not. The payment of that amount and/or the termination of Services shall be in addition to any other rights

and remedies we may have under this Agreement, at law, in equity, or otherwise.

Appendix Two Color.fm Page 143 Tuesday, June 7, 2005 1:26 PM

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