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Appendix
137
Residential Customer Agreement
alter any, Equipment without our prior written consent. We reserve the right to make such filings as may be determined to be
necessary by us in our sole discretion to evidence our ownership rights in such Equipment, and you agree to execute any and all
documents as may be so determined to be necessary for us to make such filings. You are responsible for preventing the loss or
destruction of leased Equipment and we recommend that such Equipment be covered by your homeowners, renters or other
insurance policy.
B. Upon termination of your Services, you must notify our Customer Service Center or call the telephone number set forth in your
promotion agreement to schedule the return of your leased Equipment. If such Equipment is not returned in working order, normal
wear and tear excepted, certain charges will apply as described in your governing promotion agreement. You are responsible for,
and agree to pay, any costs of repair, replacement or other costs if you do not return such Equipment in an undamaged condition.
C. You shall notify us promptly of any defect in, damage to, or accident involving your leased Equipment. All maintenance and
repair of such Equipment shall be performed by us or our designee(s). DISH Network may charge you for any repairs that are
necessitated by any damage to, or misuse of, such 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. NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR AFFILIATES WILL BE LIABLE
FOR ANY INTERRUPTIONS IN SERVICE OR FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR
NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH NETWORK'S
ACCESS TO ALL OR ANY PORTION OF SERVICES, THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO
DIFFERENT SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE WITH YOUR DISH NETWORK DBS EQUIPMENT,
ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS,
POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY
OTHER CAUSE BEYOND OUR CONTROL.
B. NEITHER WE NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR AFFILIATES WILL 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.
C. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW, NEITHER WE NOR OUR THIRD
PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESSED OR
IMPLIED, REGARDING YOUR DISH NETWORK DBS OR ANY OTHER EQUIPMENT OR ANY SERVICES FURNISHED TO
YOU. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
D. IN NO EVENT SHALL WE, OUR THIRD PARTY BILLING AGENTS, OR ANY OF OUR OR THEIR AFFILIATES HAVE ANY
LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
DBS OR ANY OTHER 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.
E. It is your responsibility to impose any restrictions on viewing by you, other members of your household, or guests, and we, our
third party billing agents, or any of our or their affiliates shall have no liability to anyone due to, or based upon, the content of any
of the Services furnished to you.
8. WARNING AGAINST PIRACY AND INFRINGEMENT
A. It is a violation of various 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 include imprisonment and civil damage awards of up to $110,000 per violation.
B. Title 47, Section 605(e)4, United States Code (U.S.C.) makes it a federal crime to modify Equipment to receive encrypted
(scrambled) television programming without payment of required subscriptions. Conviction can result in a fine of up to $500,000
and imprisonment for five years, or both. Any person who procures or willfully causes such modification to Equipment is an
accessory to that offense and may be punishable in the same manner. Investig
ative authority for violations lies with the Federal
Bureau of Investigation. Equipment may incorporate copyright protection technology that is protected by U.S. patents and other
intellectual property rights. Use of such copyright protection technology must be authorized by Macrovision, and is intended for
home and other limited pay-per-view uses only unless otherwise authorized by Macrovision. Reverse engineering or disassembly
is prohibited.
9. GENERAL
A. Physical Address/Change of Address. When setting up your DISH Network account, you agree to provide us with the physical
street address where your Equipment will be located and your Services provided. 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 your 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 in this Agreement.
C. 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
Appendix Two Color.fm Page 137 Friday, December 16, 2005 2:42 PM