Residential Customer Agreement - Dish Network HDTV Satellite Receiver User Manual

Appendix

Residential Customer Agreement

representations, warranties or guarantees as to the availability or content of such websites and information, including without
limitation: (i) the accuracy, availability, sequence, completeness, timeliness, copyright compliance, legality, content, validity, or
quality of any such websites or information; or (ii) whether using the software contained in such receivers may result in
accessing unintended, inappropriate or objectionable content. We may change, limit, suspend, disable and/or remove your
ability to access the Internet using your receiver at any time without notice. We may also limit or restrict the websites and
information that you may access on the Internet using your receiver at any time without notice.
H. Private Home Viewing Only. DISH Network provides Services to you solely for viewing, use and enjoyment in your private
home. You agree that no Services provided to you will be viewed in areas open to the public, commercial establishments or
other residential locations. Services may not be rebroadcast or performed, and admission may not be charged for listening to
or viewing any Services. If your Services are viewed in an area open to the public, a commerical establishment or another
residential location, we may disconnect your Services and, in addition to all other applicable fees, you must pay us the
difference between the price actually paid for Services and the full applicable rate for such Services, regardless of whether we
have the right to distribute such Services in such other location.
I. Changes in Services Offered. We may add, delete, rearrange and/or change any and all programming, programming
packages and other Services that we offer, as well as the prices and fees related to such programming, programming
packages and Services, at any time, including without limitation, during any term commitment period to which you have
agreed. If a change affects you, we will notify you of such change and its effective date. In the event that we delete, rearrange
or change any programming, programming packages or other Services, we have no obligation to replace or supplement such
programming, programming packages or other Services. You are not entitled to any refund because of a deletion,
rearrangement or change of any programming, programming packages or other Services.
J. Promotional Offers and Items. If a third party, such as an independent DISH Network retailer, integrator or private cable
operator, offered you a promotional offer or item in connection with your subscription to the Services, such third party is wholly
responsible for fulfilling such promotional offer or providing such promotional item, and DISH Network is not in any way
responsible for such fulfillment unless the promotional offer or item was offered with DISH Network's prior authorization,
approval, permission or knowledge.
2. BILLING POLICIES; PAYMENTS FOR SERVICES; FEES
A. Payments. You agree to pay all amounts billed for Services, as well as all taxes, fees and other charges, if any, that are
now or may in the future be assessed in connection with any Services you receive from us, and any other charges due and
owing to us. State and local taxes or reimbursement charges for gross earnings taxes imposed on satellite providers for
transmission of programming in some states may apply. Unless you prepay for a multi-month subscription to Services or
prepay for all Services as required by your participation in a Pre-Pay Promotion, we will bill you monthly in advance for most
Services and in arrears for other Services such as pay-per-view ordered by you or anyone who uses your Equipment,
whether with or without your permission, until you cancel your Services. Multi-month subscription customers and Pre-Pay
Promotion customers will be billed based on your pre-pay period (multi-month subscriptions) or monthly (Pre-Pay Promotion
customers), and must make all payments in advance of the due date on your bill in order to continue receiving your Services;
you must also pre-pay for all other Services, such as pay-per-view, ordered by you or anyone who uses your Equipment,
whether with or without your permission.
B. Billing Policies. Your bills will show the total amount due, the payment due date, payments, credits, purchases and other
charges to your account. You may submit your payment by mail, on our website, through our AutoPay program, by calling a
DISH Network customer service representative, or by any other means that we designate. Partial payments will be applied
first to the oldest outstanding bill. You must make your payment regardless of whether you receive a bill. We do not assume
the risk of undelivered mail. If you send checks or money orders marked with a designation such as "payment in full," we can
accept them without waiving any of our rights, including without limitation, our rights to collect any other amounts owed by
you, notwithstanding your characterization of such payment. DISH Network does not extend credit to our customers, and the
Late Payment Fee (as detailed in Exhibit 1) is not interest, a credit service charge or a finance charge. Certain fees and
charges may apply in certain circumstances to your payment for the Services, including without limitation, those expressly set
forth in Exhibit 1 attached hereto and incorporated herein by reference.
C. AutoPay and Paperless Billing. If you accept a promotion that requires you to sign up for and maintain AutoPay and/or
Paperless Billing and later discontinue AutoPay and/or Paperless Billing, then you may no longer be eligible for that
promotion and you may lose the promotional price.
D. Alterations to Payment Terms. If you paid for a monthly subscription (other than a Pre-Pay Promotion) and your account is
past due on more than one occasion, we may require that you pay for all Services and Equipment before you receive them
and you will be deemed to be receiving your Service under a Pre-Pay Promotion, at which point, all terms and conditions of
such Pre-Pay Promotion will apply to you. If you paid for a multi-month subscription to any Services and your account is past
due for any amount, we may convert your multi-month subscription to a monthly subscription, and we will first apply the
amount you paid for your multi-month subscription to any past due amounts and then to any obligations you incur in the
future.
E. Restarting your Services. If you do not pay your bill in full by its due date, or you at any time otherwise fail, neglect or
refuse to make timely payment for your Services, we may disconnect your Services, and in such event we will be wholly
relieved from any and all of our duties and obligations under this Agreement. If your Services are disconnected for non-
payment or any other reason, DISH Network may require that you pay, and you agree to pay, before we reconnect your
Services, all past due charges, a deposit equal to a minimum of one month of service charges, and all outstanding balances
accrued through the date of such disconnection. If your Services are disconnected for non-payment or any other reason, you
will no longer be eligible, even if you pay to restart your Service, to receive any remaining credits or promotional pricing that
you would have been eligible to receive had your Services not been disconnected. Unless required by applicable law,
deposits will not be held segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at
the time of installation.
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