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DISH Network Residential Customer Agreement
Effective as of September 1, 2001 until replaced.
This document describes the terms and conditions under which DISH Network will provide its service to you. If you do not accept these terms and conditions, please notify us immediately and we will cancel your service. If you are a new dish network customer, your activation of a DISH Network account and receipt of dish network services shall constitute your acceptance of this agreement and its terms and conditions will be legally binding upon you.
If you are an existing dish network customer, your continued receipt of DISH Network services following receipt or publication by DISH Network on its web site of this agreement shall constitute your acceptance of its terms and conditions, and, accordingly, they will be legally binding on you.
"DISH Network” is a trademark of EchoStar Satellite Corporation.
1. THE DISH NETWORK SERVICE
A. Services Defined.
DISH Network offers a wide variety of video and audio programming and
other services and we are constantly striving to add new services to
our lineup. For purposes of this Agreement the term "Services” shall
mean the programming available on DISH Network (whether subscription
based or pay per view based) and any other services that we may provide
to consumers either now or in the future. For purposes of this
Agreement the terms "You” or "Your” refer to you, the DISH Network
subscriber.
B. Programming Changes. Except as
otherwise set forth in this Agreement, you may change your programming
selection at any time by notifying us. A fee may apply to such changes
(Change of Service Fee). In addition, you may be charged a fee (Service
Access Fee) if you fail to subscribe to one of DISH Network’s basic
programming packages which include America’s Top 50, America’s Top
100/CD, America’s Top 150, DISH Latino or DISH Latino Dos.
C. Programming Availability.
Certain Services transmitted by us, including but not limited to some
subscription Services, sporting events and broadcast network Services,
may be blacked out in your area of reception. If you circumvent or
attempt to circumvent any of these blackouts, you may be subject to
legal action. You must be at least 18 years of age, or the applicable
age of majority where you reside, in order to receive adult-oriented
programming services.
D. Ordering Pay Per View. You may
order DISH Network pay-per-view Services by using your on-screen
Program Guide and remote control unit to select the movies and other
events we offer. To order DISH Network pay-per-view Services, your DISH
Network DBS digital receiver must be connected to a telephone outlet.
You may also order DISH Network special events and pay-per-view
Services over the telephone by calling the Customer Service Center or
by using our automated system through the following toll-free number:
 1-877-DISH-PPV (347-4778) for ordering movies
A
small fee will apply for use of the automated system (Pay-Per-View
Automated Fee) or the Customer Service Center (Pay-Per-View Fee).
E.
Private Viewing. DISH Network provides Services to you for your private
home viewing, use and enjoyment. You agree that the Services provided
will not be viewed outside of your private residence. You are permitted
to exhibit the Services solely in your private residence and not in any
other areas. The Services may not be rebroadcast, transmitted, recorded
or performed, nor may admission be charged for listening to or viewing
any Services provided by us. If we later determine that you utilized
your DISH Network Equipment (including any additional DISH Network
receivers) or sold, leased or otherwise gave possession of the same to
a third party who you knew or reasonably should have known intended to
use it to permit the viewing of the Services in a commercial
establishment or any other area open to the public, we may terminate
the Services and in addition to all other applicable fees, you agree to
pay us the difference between the price actually paid for the Services
and the full commercial rate for such Services, regardless of whether
we have or had the commercial rights to such Services. The payment of
that amount and/or the termination of Services shall not prejudice our
ability to exercise any other rights and remedies we may have under
this Agreement, at law, in equity, or otherwise.
F.
Additional Receivers. To independently tune additional televisions
within your home, a separate DISH Network receiver is required for each
television. DISH Network will allow you to place up to five additional
receivers on your account. Each additional receiver would be authorized
to receive the same Services as your initial receiver. DISH Network
will charge you a reduced monthly fee (Additional Receiver
Authorization Fee) for each additional receiver added to your account.
This option is only available if your initial DISH Network receiver and
all additional receiver(s) are located at the same residence and are
continuously connected to the same telephone line. If you desire to
receive Services at two different locations, you must open a separate
account for each location. You agree that you will not directly or
indirectly use a single account for the purpose of authorizing Services
for multiple DISH Network receivers that are not all located in the
same residence and connected to the same phone line. If we later
determine that you did, we may terminate your Services and, in addition
to all other applicable fees, you agree to pay us the difference
between the amounts actually received by us and the full retail price
for the Services authorized for each DISH Network DBS receiver on the
account, whether owned by you or not. The payment of that amount and/or
the termination of Services shall not prejudice our ability to exercise
any other rights and remedies we may have under this Agreement, at law,
in equity, or otherwise.
G. Changes in Services offered.
DISH Network reserves the right to change the Services that we offer,
and our prices or fees related to such Services at any time. If the
change affects you, we will provide you notice of the change and its
effective date. The notice may be provided on your billing statement or
by other communication permitted under Section 9B. In the event of a
change in the contents of any programming, programming packages or
other Services, you understand and agree that we have no obligation to
replace or supplement the programming, programming packages or other
Services previously offered that have been deleted, rearranged or
otherwise changed. You further understand and agree you will not be
entitled to any refund because of a change in the contents of any
programming, programming packages, or other Services previously
offered.
H. Multi-Month Subscriptions. For multi-month
subscriptions, you may downgrade the Services only at the time of
renewal. You may not downgrade the Services during the term of the
multi-month subscription.
2. BILLING POLICIES AND PAYMENTS FOR SERVICES
A.
You agree to pay all amounts billed for Services and to pay all taxes,
fees and other charges, if any, which are now or may in the future be
assessed on the Services you receive from us. Unless you prepay for a
multi-month subscription to Services, we will bill you each month, in
advance, for Services ordered by you or anyone who uses your DISH
Network Equipment, whether with or without your permission, until you
cancel the Services. The bills you receive will show the total amount
due, the payment due date, payments, credits, purchases and other
charges to your account.
B. You agree to pay us in full
monthly by the payment due date for the Services and for any other
charges due us, including any fees set forth in this Section 2. Payment
of your bill after the due date will result in you paying us a Late
Payment Fee. Other fees and charges may also be assessed. If partial
payments are made, they will be applied first to the oldest outstanding
bill. If you send checks or money orders marked "payment in full,” we
can accept them without losing any of our rights to collect any other
amounts owed by you, notwithstanding your characterization of the
payment. DISH Network does not extend credit to our customers, and the
Late Payment Fee is not interest, a credit service charge or a finance
charge. You understand and agree that in the case of late payment or
nonpayment for any Services ordered by you or for any of the charges
stated below, we may report such late payment or nonpayment to credit
reporting agencies. If you do not pay your bill by the due date, we
have the right to disconnect your Services at any time thereafter, in
our sole discretion. DISH Network may require you to pay all past due
charges, a Reconnect Fee, a deposit equal to a minimum of one month’s
advance charges and all outstanding balances accrued through the date
of deactivation, before we reconnect your Services. Deposits will not
be held segregated from other funds and shall not earn or accrue
interest.
C. If you at any time fail, neglect, or refuse
to make timely payments hereunder, or if a petition in bankruptcy shall
be filed on your behalf or against you, or if you take advantage of any
insolvency law or become insolvent or make an assignment for the
benefit of creditors, or if a receiver, liquidator, or trustee is
appointed for your property or affairs, we shall be wholly relieved
from our obligations hereunder.
D. If you paid for an
annual or other multi-month subscription to any Services and your
account is past due for any amounts owed to us, at our option we may
suspend any or all Service until payment is received, and/or convert
your annual or other multi-month subscription to a monthly
subscription. If we convert your multi-month subscription to a monthly
subscription, we will first apply the amount you paid for your
multi-month subscription to any past due amounts and then any remaining
amounts to future obligations. If we elect to offset the amount paid
for the remaining portion of a multi-month subscription against amounts
past due, you agree to pay, in addition to all other applicable fees,
the Offset Fee set forth below for each month and partial month that
the multi-month subscription was previously received.
E.
If we use a collection agency or attorney to collect money you owe us
or to assert any other right which we may have against you, you agree
to pay the reasonable costs of collection or other action. These costs
might include, but are not limited to, the costs of a collection
agency, reasonable attorney's fees and court costs. If there are
billing errors or other requests for credit, you can contact our
Customer Service Center by telephone or in writing. You must contact us
within sixty (60) days of the time you receive the billing statement
for which you are seeking corrections. Failure to timely notify us of a
dispute shall constitute acceptance of the bill. Undisputed portions of
the billing statement must be paid before the next billing statement is
issued to avoid an administrative fee for late payment. All payments
for Services must be made directly by you to us. DISH Network shall
have no obligation to provide Services for which payment is made by you
to a third party.
F. In addition to the amounts due for
Services, you agree to pay the fees referenced below ("Fees”) when
applicable. DISH Network reserves the right to increase these Fees or
add additional Fees in the future, in our sole discretion.
Smart Card Replacement Fee $50.00
Additional Receiver Authorization Fee (monthly, per receiver) $4.99
Late Payment Fee $5.00
Change of Service Fee $5.00
Duplicate Billing Statement Fee $2.00
Overnight Delivery Fee $18.00
Restart Fee $25.00
Returned Payment Fee $25.00
Service Access Fee (monthly) $5.00
Offset Fee $2.00
Ledger Request Fee $5.00
Pay-Per-View Automated Fee $1.00
Pay-Per-View Fee $5.00
3. CANCELLATION OF SERVICE
A.
Your Service will continue until cancelled as provided for herein. Your
subscription will be automatically renewed unless you contact us to
cancel as provided for in the next paragraph.
B. You
have the right to cancel your Service for any reason at any time by
notifying us via telephone or in writing at the phone number or address
set forth on page 1, above. Please be aware that certain promotional
offers have a minimum subscription commitment (usually 12 months) and
if you cancel your service prior to the expiration of that commitment,
certain early termination fees may apply
C. DISH Network
has the right to terminate your Services at any time without providing
notice to you if: (i) you fail to pay your bill when it is due; (ii) we
receive confirmation that you have received the Services, or any part
of the Services without paying for them; or (iii) you otherwise violate
the terms of this Agreement.
D. If your Service is
cancelled for any reason, you are still responsible for payment of all
outstanding balances accrued, including any applicable Fees.
E.
You understand that charges for Services, once charged to your account,
are nonrefundable. For monthly subscriptions, the cancellation will be
effective at the end of the period covered by the last monthly bill. No
refunds or credits will be provided in connection with the cancellation
of monthly subscriptions. For annual or other multi-month
subscriptions, the cancellation will be effective as of the date the
multi-month subscription expires. Because you are receiving a
discounted price in exchange for your agreement to pay for your
services on an annual or other multi-month basis, in the event you
cancel the Services prior to 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 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, a satellite antenna, LNBF unit
and remote control ("Equipment”). You will 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
Communications Corporation, the corporate parent of DISH Network and
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 PVR
products, through periodic downloads. DISH Network will use
commercially reasonable efforts to schedule these downloads in a manner
that result in the least amount of 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.
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, 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 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.
B.
You shall notify us promptly of any defect in, damage to, or accident
involving the equipment. All maintenance and repair of the equipment
shall be performed by us or our designees. DISH Network may charge you
for any repairs that are necessitated by any damage to, or misuse of,
the 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.
WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR LIABLE FOR
ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES
IN CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE SERVICES,
THE RELOCATION OF ALL OR A PORTION OF THE SERVICES TO DIFFERENT
SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE WITH YOUR DISH NETWORK
DBS EQUIPMENT OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR
TECHNICAL FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE
BEYOND OUR CONTROL. WE WILL NOT 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. WE MAKE
NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE DISH NETWORK
DBS EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE
EXPRESSLY EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE
DBS 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.
B.
It is your responsibility to impose any restrictions on viewing by you,
other members of your household, or guests, and we shall have no
liability to anyone due to or based on the content of any of the
Services furnished to you.
8. WARNING AGAINST PIRACY
It
is a violation of several 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 range from imprisonment to civil
damage awards of up to $110,000 per violation.
9. MISCELLANEOUS
A. Physical Address/Change of Address.
When setting up your DISH Network account, you agree to provide us with
the physical street address where the Equipment will be located. 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 the 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 on the first page of this Agreement.
C. Applicable Law.
This Agreement, including all matters relating to its validity,
construction, performance and enforcement, shall be governed by
applicable federal law, the rules and regulations of the Federal
Communications Commission, and the laws and regulations of the state
and local area where Service is provided. These terms and conditions
are subject to amendment, modification or termination if required by
such regulations or laws. If any provision in this Agreement is
declared to be illegal or in conflict with any law or regulation, that
provision may be deleted or modified, without affecting the validity of
the other provisions.
D. Other. This document
contains the entire agreement between DISH Network and you, the
customer, and no salesperson, installer, customer service
representative, authorized retailer, or other similarly situated
individual is authorized to change the terms set forth herein. DISH
Network may, however, change the terms and conditions of this Agreement
in the future and will notify you if that occurs. The terms of this
Agreement, which either are expressly stated to survive or by their
nature would logically be expected to survive termination, shall
continue thereafter until fully performed.
Privacy Policy
Information We Collect from You:
When you become a DISH Network subscriber, register with one of our interactive services (Internet or interactive television), browse our Web sites, communicate with us via telephone, fill out product registration cards, participate in market research projects, or otherwise transact with DISH Network, we will collect personal data from you. This information may include but is not limited to, name, address, phone number, e-mail address, IP address, credit card information, demographic information, and personal interests.
DISH Network may combine information we have on you as a customer from multiple sources, both online and offline. This includes information available from external sources.
Security of Information:
All customer information is maintained in secure databases.
Credit Card Transactions:
Credit card transactions are processed using a secure, encrypted Web server. Unauthorized parties cannot read your credit card information as it travels through our ordering system.
Credit card information collected during transactions is maintained in a secure database at DISH Network for fraud prevention and accounting and billing purposes. The information is also securely maintained by CSG Systems, Inc. for accounting and billing purposes. Your credit card information is not available to unauthorized parties while in these databases.
Stored information from credit card transactions is not released to third party marketers under any circumstances. Stored information from credit card transactions is not released to anyone unless under court order as part of a criminal investigation.
Minors:
DISH Network does not knowingly attempt to collect personal information from children under the age of 13. Note that DISH Network cannot always determine that a user is a child.
Databases:
DISH Network does maintain databases of current customers and people who have shown an interest in DISH Network products and/or services. These are for account maintenance, market research, and promotional use only. This information may be released to third-party marketers and partner organizations for market research and promotional use unless the individual in question instructed DISH Network not to do so by contacting DISH Network in writing at the address found above. This information is not released under any other circumstance except by court order.
DISH Network maintains a database of users who log onto the DISH Network Customer Support Center in order to track information concerning the type of customer (current or potential), customer name, and log on information. This information is used for security purposes to identify customers who purchase equipment from DISH Network online, or conduct other customer service transactions online.
Access to Your Personal Information:
You may access your DISH Network account online by logging into the Customer Support Center on the dishnetwork.com Web site. You may change your current Login ID, Password, Security Question/Answer, and e-mail address at the Customer Support Center by selecting the My Account option.
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