Filter
Top Products
Appendix
136
Residential Customer Agreement
D. If your Services are canceled or disconnected for any reason, you are still responsible for payment of all outstanding balances
accrued, including without limitation any applicable Fees.
E. You understand that, except in certain limited circumstances, charges for Services, once charged to your account, are
nonrefundable and no refunds or credits will be provided in connection with the cancellation of subscriptions. If you received a
discounted price in exchange for your agreement to pay for your Services on a multi-month basis, and you cancel your Services
prior to the 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 your multi-month subscription and that we may retain any prepaid monies as liquidated damages.
4. EQUIPMENT
A. In order to receive Services it will be necessary for you to purchase or lease certain reception equipment consisting primarily of
a DISH Network compatible satellite receiver(s), satellite antenna(s), low noise block converter(s) with integrated feed(s)
(“LNBFs”) and remote control(s) (collectively, “Equipment”). Receiver(s) provided to you may also be equipped with a conditional
access card (“Smart Card”) inserted into a slot in such receiver. Not all receivers with a Smart Card slot require Smart Cards for
proper authorization. Smart Cards remain the property of DISH Network at all times and any tampering or other unauthorized
modification to any Smart Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return Smart
Cards to us upon our request.
B. Smart Cards are non-transferable. Your Smart Card will only work in the DISH Network receiver to which it was assigned by
DISH Network. If you report to our Customer Service Center that your Smart Card was lost, damaged, defective or stolen, then we
will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee will apply (“Smart Card
Replacement Fee”). 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 in which event our overnight delivery fee (“Overnight Delivery Fee”) will
apply.
C. DISH Network reserves the rights to alter software, features and/or functionality in your DISH Network receiver, provide data
and content to Personal Video Recorder/Digital Video Recorder (“PVR/DVR”) products, store data and content on the hard drives
of PVR/DVR products, and send electronic counter-measures to your DISH Network receiver, through periodic downloads. DISH
Network will use commercially reasonable efforts to schedule these downloads to minimize interference with or interruption to your
Services, but shall have no liability to you for any interruptions in Services arising out of or related to such downloads.
D. DISH Network's PVR/DVR Products allow you to record programming in digital format. Total recording time varies depending on
your receiver and the nature of the programs being recorded. DISH Network does not guarantee access to or recording of any
particular programming. Most programming is the copyrighted material of the third party that supplies it, is protected by copyright
and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written
permission of the third party that supplied it except as permitted by the “fair use” provisions of the U.S. copyright laws. DISH
Network may, in its sole discretion, add, change or remove features of its PVR/DVR Products and, upon notice to you, introduce or
change fees for the use of PVR/DVR Product features. DISH Network will notify you of any change that is within its reasonable
control.
E. Your DISH Network receiver contains components and software that 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 this Agreement, disconnection of your Services and/or legal
action.
F. To optimize the operation of your Equipment, you must connect each DISH Network receiver on your account to a land-based
telephone line. For accounts containing multiple receivers, each receiver must be continuously connected to the same land-based
telephone line. Failure to connect each receiver to the same land-based telephone line may result in interruption or disconnection
of Services.
G. If your 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 your Equipment. You will not be liable for unauthorized use that occurs after we have received
your notification.
H. You are licensed to use the software provided in your DISH Network receiver(s), as updated by DISH Network from time to time,
solely in executable code form and solely in conjunction with lawful operation of the DISH Network receiver(s) that you purchased
or leased. You may not copy, modify or transfer any software provided in your DISH Network receiver(s), or any copy thereof, in
whole or in part. You may not reverse engineer, disassemble, decompile or translate such software, or otherwise attempt to derive
its source code, except to the extent allowed under any applicable laws. Any attempt to transfer any of the rights, duties or
obligations of this license agreement is null and void. You may not rent, lease, load, resell for profit or distribute any software
provided in your DISH Network receiver(s), or any part thereof. Such software is licensed, not sold, to you for use only under the
terms and conditions of this license agreement, and DISH Network and its suppliers reserve all rights not expressly granted to you.
Except as stated above, this license agreement does not grant to you any intellectual property rights in the software. If you breach
any term or condition of this license agreement, this license agreement will terminate immediately upon notice to you.
5. LEASED EQUIPMENT
A. DISH Network may, from time to time, lease certain Equipment to subscribers. If you elect to lease Equipment from DISH
Network, the terms and conditions of the applicable promotional lease agreement shall apply, which are in addition to (and without
limitation of) the terms and conditions of this Agreement. Unless otherwise provided in your promotional lease agreement, such
Equipment shall at all times remain the sole and exclusive property of DISH Network and we will have the right, in our sole
discretion, to provide or replace leased Equipment with new or reconditioned Equipment and to remove, or require the return of,
such Equipment upon cancellation or disconnection of your Services for any reason. None of such Equipment shall be deemed
fixtures or part of your realty. Our ownership of such Equipment may be displayed by notice contained on it. You shall have no right
to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with such Equipment (or any notice of
our ownership thereon) at any time. Any reinstallation, return of, or change in, the location of such Equipment shall be performed
by us at our service rates in effect at the time of such service. You shall not attach any electrical or other devices to, or otherwise
Appendix Two Color.fm Page 136 Friday, December 16, 2005 2:42 PM