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Page 123
Residential Customer Agreement
Page 123
9. GENERAL
A. Notice. Any notice required or permitted to be given by us under this Agreement may be provided via the mail, on your bill, as a bill
insert, via broadcast on a television channel, through publication on the website set forth at the top of this Agreement, by telephone, or by
any other reasonable means. If we send you notice by mail, on your bill or as a bill insert, it will be considered given the day after it is
deposited in the U.S. mail, addressed to you at your then-current billing address in our records. If we send you notice via broadcast on a
television channel or through publication on the website set forth at the top of this Agreement, it will be considered given when first
broadcast or published. If we send you notice by telephone, it will be considered given when personally delivered to you or when left as a
message at your then-current phone number in our records. Unless otherwise specified in this Agreement, any notice required or permitted
to be given by you under this Agreement shall be in writing and shall be sent by first-class mail addressed to us at the mailing address set
forth at the top of this Agreement, and shall be deemed given when received by us at such mailing address.
B. Physical Address/Change of Address. When setting up your DISH Network account, you must provide us with the physical address
where your Equipment will be located and your Services will be provided. A post office box does not meet this requirement. You must
give us immediate notice of any change of name, mailing address, telephone number, or physical address where your Equipment is
located. You may do this by notifying our customer service center by telephone or in writing at the phone number, mailing address, or e-
mail address set forth at the top of this 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 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 ba
lance 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.