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Residential Customer Agreement
Page 75
C. DISH Network has the right to disconnect your Services at any time without providing notice to you
if: (i) you fail to pay any bill when it is due; (ii) we receive confirmation that you have received
Services, or any part of Services without paying for them; (iii) you otherwise violate the terms and
conditions of this Agreement or any promotion agreement; (iv) you transfer, encumber or relocate your
Equipment (unless you relocate such equipment as part of a residential move into an area that can
receive Programming); (v) you assign or attempt to assign any of your rights, duties or obligations
under the terms and conditions of this Agreement or any promotion agreement; (vi) you are receiving
applicable services from a third party billing agent and become ineligible for such services; or (vii) any
act of bankruptcy on your part or the commencement of bankruptcy proceedings against you.
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.