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Page 77
Residential Customer Agreement
Page 77
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. Investigative 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.