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Appendix B
Page 134
C. DISH Network has the right to terminate your Services at any time without
providing n otice to you if: (i) you fail to pay y our b ill when it i s due; (ii) we recei ve
confirmation that you h ave receiv ed the Servic es, or any part of the S ervice s without
paying for them; or (iii) you otherwise violate the terms of this Agreement.
D. If you Service i s canceled 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
t he period covered by the last mont hly bill. No refun ds or c redits will be pro vid ed in
con nection with the cancellation of mon thly subscrip tion s. For an nu al or othe r multi-
mo nth subsc ript ions, the canc ella tion will be effective as of th e date th e m u lti-m onth
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 receiv er. The Sm ar t Ca rd remain s t h e prop ert y of EchoStar C om m u nic ations
Co rpor at ion, t he corp orat e par ent of DI SH Netw ork an d any t amper ing o r other
unauthorized m odification 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 receiv er to which it was assigned by DISH Netw ork. If yo u 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 repl acem ent 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, an provide content to PVR prod ucts, thro ugh periodic dow nloads. DIS H
N etw ork will use com merci ally re as ona b le effort s to schedule thes e dow n loa d s 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 soft ware which
are pro prietary to DISH Netwo rk. You agree that you w ill n ot t ry to reverse-en gine er,
decompile or disassemble any software or hardware contained within your receiver or our
Smart Card. Such actions are strictly prohibited and may result i n 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
containingm ultiplereceivers, eachreceiver mustbe connectedto 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 rem oval to
avoid liability for p ayment for unauthorized use of the DISH Network Equipment. You
will not be liable for unauthorized use after we have received your timely notification.