Dish Network Satellite Receiver User Manual page 118

Appendix
F. DAMAGES LIMITATION. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF
OUR OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO: DISH
NETWORK EQUIPMENT OR ANY OTHER EQUIPMENT; OUR FURNISHING OR FAILURE TO FURNISH
ANY SERVICES OR EQUIPMENT TO YOU; OR ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVICES OR EQUIPMENT FURNISHED TO YOU.
8.
A. Piracy. Receiving any portion of the Services without paying for them and/or any direct or indirect act or
attempted act to engage or assist in any unauthorized interception or reception of any portion of the Services
is a violation of various U.S. federal and state laws and of this Agreement. The penalties for violating such
laws can include imprisonment and civil damage awards of up to $110,000 per violation.
B. Infringement. Section 605(e)4 of Title 47 of the United States Code 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 Equipment that has been so modified is an accessory to that offense and may be
punished in the same manner. Investigative authority for violations lies with the Federal Bureau of
Investigation. The Equipment may incorporate copyright protection technology that is protected by U.S.
patents and/or other intellectual property rights. Use of such copyright protection technology must be
authorized by DISH Network or its suppliers or licensors, and is intended for home and other limited pay-per-
view uses only, unless otherwise authorized by DISH Network or its suppliers or licensors. Reverse
engineering or disassembly is prohibited.
9.
A. Notice. Any notice required or permitted to be given by us under this Agreement may be provided via the
mail, on your bill, as a bill insert, via broadcast on a television channel, through publication on the website
set forth at the top of this Agreement, by telephone, or by any other reasonable means. If we send you notice
by mail, on your bill or as a bill insert, it will be considered given the day after it is deposited in the U.S. mail,
addressed to you at your then-current billing address in our records. If we send you notice via broadcast on
a television channel or through publication on the website set forth at the top of this Agreement, it will be
considered given when first broadcast or published. If we send you notice by telephone, it will be considered
given when personally delivered to you or when left as a message at your then-current phone number in our
records. Unless otherwise specified in this Agreement, any notice required or permitted to be given by you
under this Agreement shall be in writing and shall be sent by first-class mail addressed to us at the mailing
address set forth at the top of this Agreement, and shall be deemed given when received by us at such
mailing address.
B. Physical Address/Change of Address. When setting up your DISH Network account, you must provide us
with the physical address where your Equipment will be located and your Services will be provided. A post
office box does not meet this requirement. You must give us immediate notice of any change of name,
mailing address, telephone number, or physical address where your Equipment is located. You may do this
by notifying our customer service center by telephone or in writing at the phone number, mailing address, or
e-mail address set forth at the top of this 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. If your account
is assigned to a third-party billing agent we will provide you notice of such assignment.
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. Such credit checks may require you to provide DISH Network
with your social security number. 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,
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LEGAL COMPLIANCE; PIRACY AND INFRINGEMENT; TRADEMARKS; PUBLIC RIGHTS OF WAY
GENERAL