Dish Network HDTV DVR Satellite Receiver User Manual page 118

Appendix
Residential Customer Agreement
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 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, 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
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