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Page 125
Residential Customer Agreement
Page 125
month subscription, you understand and agree that you are not entitled to any refund or credit for
the unused portions of the multi-month subscription and that we have the right to retain any
prepaid monies as liquidated damages.
4. EQUIPMENT
A. In order to receive the Services it will be necessary for you to purchase or lease certain
reception equipment consisting primarily of a DISH Network compatible satellite receiver, and
remote control ("Equipment"). You may also be provided with a conditional access card ("Smart
Card") that is inserted into your satellite receiver. The Smart Card remains the property of
EchoStar Satellite L.L.C. Any tampering or other unauthorized modification to the Smart Card is
strictly prohibited and may result in, and subject you to, legal action. You agree to return the
Smart Card to us upon request.
B. Smart Cards are nontransferable. Your Smart Card will only work in the DISH Network
receiver to which it was assigned by DISH Network. If you report to the Customer Service Center
that your Smart Card was lost, damaged, defective or stolen we will replace it, as long as there is
no evidence of unauthorized tampering or modification. A replacement fee will apply. 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. Our Overnight Delivery Fee will
apply.
C. DISH Network reserves the right to alter software in your DISH Network receiver, and
provide content to DVR products, through periodic downloads. DISH Network will use
commercially reasonable efforts to schedule these downloads to minimize interference with or
interruption to your Service.
D. Your DISH Network receiver contains certain components and software which 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 your Services and/or legal
action.
E. For proper operation of your Equipment, DISH Network requires that you connect each
DISH Network receiver on your account to a telephone line. For accounts containing multiple
receivers, each receiver must be connected to the same telephone line. Failure to comply with this
requirement may result in interruption of service.
F. If your DISH Network 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 the DISH Network Equipment. You will not be liable for unauthorized use
after we have received your timely notification.
5. LEASED EQUIPMENT
A. If you decide to lease your Equipment from DISH Network, the terms and conditions of
the lease agreement shall apply, in addition to the terms and conditions of this Agreement. Such
Equipment shall at all times remain the sole and exclusive property of DISH Network and we will
have the right, at our discretion, to replace it with new or reconditioned equipment and to remove,
or require the return of, the equipment upon termination of Services. None of the equipment shall
be deemed fixtures or part of your realty. Our ownership of the equipment may be displayed by
notice contained on the equipment. You shall have no right to pledge, sell, mortgage, give away or
remove, relocate, alter or tamper with the equipment (or any notice of our ownership thereon) at
any time. Any reinstallation, return of or change in location of the equipment shall be performed
by us at the service rates in effect at the time of service. You shall not attach any electrical or other
devices to or otherwise alter the equipment without our prior written consent. DISH Network
shall have the right to make such filings as are necessary to evidence our ownership rights in the
equipment, and you agree to execute any and all documents as are necessary for us to make such
filings. Upon termination of Services, you must notify our Customer Service Center to schedule
the return the Equipment.