Dish Network Duo ViP 222 User Manual page 145

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Appendix
Residential Customer Agreement
C. Online Account Information. If you have an online account with us, you are responsible for maintaining the confidentiality
of your account username and password and for all activities that occur under your account username and/or password. You
must: (i) keep your account username and password confidential and not share them with anyone else; and (ii) immediately
notify us of any unauthorized use of your password and/or account username or other breach of security.
D. Third-Party Billing Agents. We may enter into relationships with third parties to provide billing and other services on our
behalf, in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the
circumstances. Additional terms and conditions imposed by our third-party billing agents may apply. For example and
without limitation: (i) late fees imposed by our third-party billing agents may be administered according to our third-party
billing agent's billing procedures and applicable state tariffs and regulations; (ii) our third-party billing agents may require that
you to pay all past due charges for Services, a restart fee, and/or a prepayment before we reconnect your Services; and (iii)
other services provided by our third-party billing agents, including without limitation, local telephone service, may need to be
restored before DISH Network Services can be restored, and a restoral fee and/or deposit may be required to restore third-
party billing agent services. Partial payments on third-party billing agent bills may be applied first to the balance due for other
services billed on your third-party billing agent bill, including without limitation, local telephone service, according to the third-
party billing agent's billing procedures and applicable state statutes and regulations. Please contact your third-party billing
agent for details. Failure to pay all or any part of your third-party billing agent bill may result in disconnection of Services.
E. 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 account to any credit reporting agency. Please include in any such notice the specific item of dispute
and why you believe the information reported is in error.
F. Applicable Law. This Agreement, including without limitation, all matters relating to its validity, construction, performance
and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement, the Services or the
Equipment shall be governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law
provisions. This Agreement is subject to amendment, modification or termination if required by such laws or regulations. If
any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision will be
considered modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or
regulation, without affecting the validity of any other provisions.
G. Remedies Cumulative. The rights and remedies provided under this Agreement to DISH Network in case of your default
or breach of this Agreement are cumulative and without prejudice to any other rights and remedies that DISH Network may
have by reason of such default or breach at law, in equity, under contract or otherwise (all of which are expressly reserved).
H. Other. No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual
is authorized to change or override this Agreement. DISH Network may, however, change this Agreement at any time and
will notify you if that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their
nature would logically be expected to survive its expiration or termination will continue thereafter. This Agreement is in
addition to any other written agreement(s), if any, between you and DISH Network, including without limitation, any
applicable Promotion Agreement, and except as provided to the contrary herein, all such written agreements shall remain in
full force and effect. Except as expressly set forth in this Agreement to the contrary, this Agreement replaces and
supersedes any and all prior DISH Network Residential Customer Agreements in their entirety, and such prior DISH Network
Residential Customer Agreements shall be of no further force or effect whatsoever. In the event of any ambiguity between
this Agreement and any applicable Promotion Agreement, DISH Network shall have the sole and exclusive authority to
interpret and/or make a final determination concerning any issue arising from such ambiguity.
137

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