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Appendix
134
Residential Customer Agreement
1. THE DISH NETWORK SERVICE
A. Services Defined. DISH Network offers a wide variety of video, audio and interactive 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 any
programming or other services that are currently available from DISH Network (whether subscription based or pay-per-view
based) or that we may provide to consumers either now or in the future.
B. Programming Changes. Except as otherwise set forth in this Agreement or the specific agreement applicable to your promotion,
if any, 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 (and without limitation), you may be charged a fee (“Service Access Fee”) if you fail to subscribe to one
of the following DISH Network basic programming packages: America's Top 60, America's Top 120, America's Top 180, Great Wall
TV Package, DISH Latino, DISH Latino Dos or DISH Latino Max, or any of their successor packages. Some Services are only
available if you purchase and maintain a minimum level of programming.
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. It is your responsibility to impose any viewing
restrictions on other family members or guests, as you deem appropriate. We are not responsible to you or anyone else based on
the content of programming.
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 receive the full functionality of DISH Network pay-per-view
Services, your DISH Network digital direct broadcast satellite (“DBS”) receiver must be connected to a land-based telephone line.
You may also order DISH Network special events and pay-per-view Services over the telephone by calling our Customer Service
Center or by using our automated system through the following toll free number: 1-877-DISH-PPV (3474-778). A fee will apply for
use of this automated system (“Pay-Per-View Automated Fee”) or the Customer Service Center (“Pay-Per-View Live Operator
Fee”).
E. Private Viewing. DISH Network provides Services to you for your private home viewing, use and enjoyment. You agree that no
Services provided to you will be viewed in areas open to the public or in commercial establishments. Services may not be
rebroadcast, nor performed, nor may admission be charged for listening to or viewing any Services. If we later determine that you
utilized your DISH Network Equipment (including without limitation any DISH Network receivers) (or sold, leased or otherwise gave
possession of such equipment to a third party who you knew or reasonably should have known intended to use it) to permit the
viewing of Services in a commercial establishment or any other area open to the public, we may disconnect your Services and in
addition to all other applicable fees, you agree to pay us the difference between the price actually paid for 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 disconnection of Services shall not prejudice our ability to
exercise any other rights or remedies we may have under contract (including without limitation this Agreement), at law, in equity, or
otherwise.
F. Additional Receivers. We may allow you to place additional receivers on your account in our sole discretion. Each additional
receiver will be authorized to receive the same Services as your initial receiver. This option is only available if your initial DISH
Networ
k receiver and all additional receiver(s) are located at the same residence and are continuously connected to your same
land-based telephone line. Unless otherwise specified in the agreement applicable to your specific promotion, if any, DISH
Network will charge you an additional outlet programming access fee (“Additional Outlet Programming Access Fee”) for each
additional receiver or tuner added to your account, including without limitation those model receivers which support independent
viewing of programming on multiple televisions. 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 your
same land-based telephone line. If we later determine that you did, we may disconnect 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 receiver on your account, whether owned by you or not. The payment of that amount
and/or the disconnection of Services shall be in addition to any other rights or remedies we may have under contract (including
without limitation this Agreement), at law, in equity, or otherwise.
G. Changes in Services Offered. We reserve the right to add to, delete from, rearrange or change any programming, programming
packages or other Services that we offer, and our prices or fees related to such programming, programming packages or Services
at any time. If a change affects you, we will provide you notice of such change and its effective date. The notice may be provided
on your billing statement, as a bill insert, broadcast on a television channel, or by any other means. In the event that we delete or
change any programming, programming packages or other Services, you understand and agree that we have no obligation to
replace or supplement any programming, programming packages or other Services previously offered that have been deleted,
rearranged or otherwise changed. You further understand and agree that 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 your Services only at your time of renewal. You
may not downgrade your Services during the term of a 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 in connection with any Services you receive from us. Unless you prepay for a multi-month subscription to
Services, we will bill you each month, in advance, for most Services and in arrears for other Services such as pay-per-view
ordered by you or anyone who uses your DISH Network Equipment, whether with or without your permission, until you cancel your
Services. Bills you receive will show the total amount due, the payment due date, payments, credits, purchases and certain other
charges to your account.
B. You agree to pay us in full monthly by the payment due date indicated on your bill for your Services and for any other charges
due and owing to us, including without limitation any fees named in this Section 2. If you fail to pay your bill on or before its due
date, you agree to pay an administrative fee for late payment (“Late Payment Fee”) as described below. Other fees and charges
Appendix Two Color.fm Page 134 Friday, December 16, 2005 2:42 PM