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Residential Customer
Agreement
Effective as of September 1,
2001. 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
feedback@customermail.dishnetwork.com
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
http://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 60 Plus, America's
Top 120, America's "Everything" Pak, DISH Latino, DISH Latino
Dos, DISH Latino Max or Great Wall TV Package.
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 small 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 such Services. 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. To
independently tune additional televisions within your home, a
separate DISH Network receiver is required for each television.
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. DISH Network will charge you a reduced monthly fee
(Additional Receiver Authorization 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 not prejudice our
ability to exercise any other rights and remedies we may have
under this Agreement, at law, in equity, or otherwise.
G. Changes in Services offered.
DISH Network reserves the right to change the Services that we
offer, and our prices or fees related to such Services at any
time. If the change affects you, we will provide you notice of
the change and its effective date. The notice may be provided on
your billing statement or by other communication permitted under
Section 9B. In the event of a change in the contents of any
programming, programming packages or other Services, you
understand and agree that we have no obligation to replace or
supplement the programming, programming packages or other
Services previously offered that have been deleted, rearranged
or otherwise changed. You further understand and agree you will
not be entitled to any refund because of a change in the
contents of any programming, programming packages, or other
Services previously offered.
H. Multi-Month Subscriptions.
For multi-month subscriptions, you may downgrade the Services
only at the time of renewal. You may not downgrade the Services
during the term of the multi-month subscription.
2. BILLING POLICIES AND
PAYMENTS FOR SERVICES
A. You agree to pay all amounts
billed for Services and to pay all taxes, fees and other
charges, if any, which are now or may in the future be assessed
on the Services you receive from us. Unless you prepay for a
multi-month subscription to Services, we will bill you each
month, in advance, for Services ordered by you or anyone who
uses your DISH Network Equipment, whether with or without your
permission, until you cancel the Services. The bills you receive
will show the total amount due, the payment due date, payments,
credits, purchases and other charges to your account.
B. You agree to pay us in full
monthly by the payment due date for the Services and for any
other charges due us, including any fees set forth in this
Section 2. Payment of your bill after the due date will result
in you paying us a Late Payment Fee. Other fees and charges may
also be assessed. If partial payments are made, they will be
applied first to the oldest outstanding bill. If you send checks
or money orders marked "payment in full" we can accept them
without losing any of our rights to collect any other amounts
owed by you, notwithstanding your characterization of the
payment. DISH Network does not extend credit to our customers,
and the Late Payment Fee is not interest, a credit service
charge or a finance charge. You understand and agree that in the
case of late payment or nonpayment for any Services ordered by
you or for any of the charges stated below, we may report such
late payment or nonpayment to credit reporting agencies. If you
do not pay your bill by the due date, we have the right to
disconnect your Services at any time thereafter, in our sole
discretion. DISH Network may require you to pay all past due
charges, a Reconnect Fee, a deposit equal to a minimum of one
month's advance charges and all outstanding balances accrued
through the date of deactivation, before we reconnect your
Services. Deposits will not be held segregated from other funds
and shall not earn or accrue interest.
C. If you at any time fail,
neglect, or refuse to make timely payments hereunder, or if a
petition in bankruptcy shall be filed on your behalf or against
you, or if you take advantage of any insolvency law or become
insolvent or make an assignment for the benefit of creditors, or
if a receiver, liquidator, or trustee is appointed for your
property or affairs, we shall be wholly relieved from our
obligations hereunder.
D. If you paid for an annual or
other multi-month subscription to any Services and your account
is past due for any amounts owed to us, at our option we may
suspend any or all Service until payment is received, and/or
convert your annual or other multi-month subscription to a
monthly subscription. If we convert your multi-month
subscription to a monthly subscription, we will first apply the
amount you paid for your multi-month subscription to any past
due amounts and then any remaining amounts to future
obligations. If we elect to offset the amount paid for the
remaining portion of a multi-month subscription against amounts
past due, you agree to pay, in addition to all other applicable
fees, the Offset Fee set forth below for each month and partial
month that the multi-month subscription was previously received.
E. If we use a collection
agency or attorney to collect money you owe us or to assert any
other right which we may have against you, you agree to pay the
reasonable costs of collection or other action. These costs
might include, but are not limited to, the costs of a collection
agency, reasonable attorney's fees and court costs. If there are
billing errors or other requests for credit, you can contact our
Customer Service Center by telephone or in writing. You must
contact us within sixty (60) days of the time you receive the
billing statement for which you are seeking corrections. Failure
to timely notify us of a dispute shall constitute acceptance of
the bill. Undisputed portions of the billing statement must be
paid before the next billing statement is issued to avoid an
administrative fee for late payment. All payments for Services
must be made directly by you to us. DISH Network shall have no
obligation to provide Services for which payment is made by you
to a third party.
F. In addition to the amounts
due for Services, you agree to pay the fees referenced below
("Fees") when applicable. DISH Network reserves the right to
increase these Fees or add additional Fees in the future, in our
sole discretion.
Smart Card Replacement Fee
$50.00
Additional Receiver Authorization Fee (monthly, per receiver)
$4.99
Late Payment Fee $5.00
Change of Service Fee $5.00
Duplicate Billing Statement Fee $2.00
Overnight Delivery Fee $18.00
Restart Fee $25.00
Returned Payment Fee $25.00
Service Access Fee (monthly) $5.00
Offset Fee $2.00
Ledger Request Fee $5.00
Pay-Per-View Automated Fee $1.00
Pay-Per-View Fee $5.00
3. CANCELLATION OF
SERVICE
A. Your Service will continue
until cancelled as provided for herein. Your subscription will
be automatically renewed unless you contact us to cancel as
provided for in the next paragraph.
B. You have the right to cancel
your Service for any reason at any time by notifying us via
telephone or in writing at the phone number or address set forth
on page 1, above. Please be aware that certain promotional
offers have a minimum subscription commitment (usually 12
months) and if you cancel your service prior to the expiration
of that commitment, certain early termination fees may apply
C. DISH Network has the right
to terminate your Services at any time without providing notice
to you if: (i) you fail to pay your bill when it is due; (ii) we
receive confirmation that you have received the Services, or any
part of the Services without paying for them; or (iii) you
otherwise violate the terms of this Agreement.
D. If your Service is cancelled
for any reason, you are still responsible for payment of all
outstanding balances accrued, including any applicable Fees.
E. You understand that charges
for Services, once charged to your account, are nonrefundable.
For monthly subscriptions, the cancellation will be effective at
the end of the period covered by the last monthly bill. No
refunds or credits will be provided in connection with the
cancellation of monthly subscriptions. For annual or other
multi-month subscriptions, the cancellation will be effective as
of the date the multi-month subscription expires. Because you
are receiving a discounted price in exchange for your agreement
to pay for your services on an annual or other multi-month
basis, in the event you cancel the Services prior to expiration
of your multi-month subscription, you understand and agree that
you are not entitled to any refund or credit for the unused
portions of the multi-month subscription and that we have the
right to retain any prepaid monies as liquidated damages.
4. EQUIPMENT
A. In order to receive the
Services it will be necessary for you to purchase or lease
certain reception equipment consisting primarily of a DISH
Network compatible satellite receiver, a satellite antenna, LNBF
unit and remote control ("Equipment"). You will also be provided
with a conditional access card ("Smart Card") that is inserted
into your satellite receiver. The Smart Card remains the
property of EchoStar Satellite L.L.C., the corporate parent of
DISH Network and any tampering or other unauthorized
modification to the Smart Card is strictly prohibited and may
result in, and subject you to, legal action. You agree to return
the Smart Card to us upon request.
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 PVR products, through periodic downloads.
DISH Network will use commercially reasonable efforts to
schedule these downloads in a manner that result in the least
amount of 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.
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, 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 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 provisions.
D. Other. This document
contains the entire agreement between DISH Network and you, the
customer, and no salesperson, installer, customer service
representative, authorized retailer, or other similarly situated
individual is authorized to change the terms 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. |
