Page 79
Residential Customer Agreement
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
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 law or regulation, that provision will be
To Next Page
Loading...
