Dish Network ViP222 User Manual page 134

Appendix
Residential Customer Agreement
A. INTERRUPTIONS AND DELAYS. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR
THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR FOR ANY DELAY OR FAILURE
TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR FAILURE TO PERFORM
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 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 REASONABLE CONTROL.
B. ALTERATIONS TO EQUIPMENT. NONE OF DISH NETWORK, ECHOSTAR OR OUR THIRD-PARTY BILLING AGENTS,
OR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ALTERATION TO ANY EQUIPMENT, INCLUDING
WITHOUT LIMITATION, REMOVING OR DISABLING FEATURES (SUCH AS THE ABILITY TO ACCESS THE INTERNET
VIA A RECEIVER).
C. LOSS OF RECORDED MATERIAL. 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, INCLUDING WITHOUT LIMITATION, ANY LOSS OR PREVENTION OF RECORDING
DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.
D. NO WARRANTIES. 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 EQUIPMENT 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 HEREBY
EXPRESSLY DISCLAIMED AND EXCLUDED.
E. CONTENT RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO IMPOSE ANY PROGRAMMING, INTERNET OR OTHER
CONTENT RESTRICTIONS ON YOURSELF, MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS YOU
DEEM APPROPRIATE. NONE OF DISH NETWORK, ECHOSTAR, OUR THIRD-PARTY BILLING AGENTS, OR OUR AND
THEIR AFFILIATES SHALL HAVE ANY LIABILITY TO ANYONE DUE TO, OR BASED UPON, ANY CONTENT (INCLUDING
WITHOUT LIMITATION, ANY INACCURACIES, ERRORS IN OR OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN
ANY OF THE SERVICES FURNISHED TO YOU; OR (ii) ACCESSED USING THE SERVICES OR EQUIPMENT
FURNISHED TO YOU.
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. LEGAL COMPLIANCE; PIRACY AND INFRINGEMENT; TRADEMARKS; PUBLIC RIGHTS OF WAY
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. GENERAL
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
126