Dish Network 942 - Manual (Page 152)

Appendix
145
Residential Customer Agreement
B. Smart Cards are nontransferable. Your Smart Card will only work in the DISH Network receiver to which it was assigned by DISH Network.
If you report to the Customer Service Center that your Smart Card was lost, damaged, defective or stolen we will replace it, as long as there
is no evidence of unauthorized tampering or modification. A replacement fee will apply. In addition, in order to minimize downtime for your
Equipment, DISH Network will, upon your request, deliver a replacement Smart Card to you via overnight delivery. Our Overnight Delivery
Fee will apply.
C. DISH Network reserves the right to alter software in your DISH Network receiver, and provide content to DVR products, through periodic
downloads. DISH Network will use commercially reasonable efforts to schedule these downloads to minimize interference with or interruption
to your Service.
D. Your DISH Network receiver contains certain components and software which are proprietary to DISH Network. You agree that you will not
try to reverse-engineer, decompile or disassemble any software or hardware contained within your receiver or our Smart Card. Such actions
are strictly prohibited and may result in the termination of your Services and/or legal action.
E. For proper operation of your Equipment, DISH Network requires that you connect each DISH Network receiver on your account to a
telephone line. For accounts containing multiple receivers, each receiver must be connected to the same telephone line. Failure to comply
with this requirement may result in interruption of service.
F. If your DISH Network Equipment is stolen or otherwise removed from your premises without your authorization, you must notify our
Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for
payment for unauthorized use of the DISH Network Equipment. You will not be liable for unauthorized use after we have received your timely
notification.
5
LEASED EQUIPMENT
A. If you decide to lease your Equipment from DISH Network, the terms and conditions of the lease agreement shall apply, in addition to the
terms and conditions of this Agreement. Such Equipment shall at all times remain the sole and exclusive property of DISH Network and we
will have the right, at our discretion, to replace it with new or reconditioned equipment and to remove, or require the return of, the equipment
upon termination of Services. None of the equipment shall be deemed fixtures or part of your realty. Our ownership of the equipment may be
displayed by notice contained on the equipment. You shall have no right to pledge, sell, mortgage, give away or remove, relocate, alter or
tamper with the equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return of or change in location of the
equipment shall be performed by us at the service rates in effect at the time of service. You shall not attach any electrical or other devices to
or otherwise alter the equipment without our prior written consent. DISH Network shall have the right to make such filings as are necessary to
evidence our ownership rights in the equipment, and you agree to execute any and all documents as are necessary for us to make such
filings. Upon termination of Services, you must notify our Customer Service Center to schedule the return the Equipment.
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 HAVE ANY LIABILITY FOR SPECIAL, INDIRECT,
INCIDENTAL OR 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 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.
C. Applicable Law. This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be
governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws and regulations of
the state and local area where Service is provided. These terms and conditions are subject to amendment, modification or termination if
required by such regulations or laws. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that
provision may be deleted or modified, without affecting the validity of the other provision.
D. Other. This Agreement is in addition to any other written agreement between You and DISH Network, including without limitation an
installation agreement, lease agreement or promotional agreement. Any and all prior oral or written representations or agreements are
superseded by this Agreement and such other written agreements. No salesperson, installer, customer service representative, authorized
retailer, or other similarly situated individual is authorized to change the terms and conditions set forth herein. DISH Network may, however,
change the terms and conditions of this Agreement in the future and will notify you if that occurs. The terms of this Agreement, which either
are expressly stated to survive or by their nature would logically be expected to survive termination, shall continue thereafter until fully
performed.
Appendix Two Color.fm Page 145 Tuesday, June 7, 2005 1:26 PM