Appendix B
Page 130
3.CANCELLATION OF SERVICE.
A.Your Services will continue until cancelled or disconnected as provided herein. Unless
previously disconnected, your subscription will be automatically renewed unless and until
you contact us to cancel it as provided in the next paragraph.
B.You have the right to cancel your Services for any reason and at any time by notifying us via
telephone, via e-mail or in writing, at the phone number, e-mail address or mailing address
set forth in the first paragraph of this Agreement. Please be aware that certain promotions
have an optional or mandatory term agreement period and if you cancel your Services prior
to the expiration of that optional or mandatory term agreement period, certain early
termination or cancellation fees may apply.
C.In addition to all other rights that DISH Network may have to disconnect your Services,
DISH Network has the right to disconnect your Services at any time without providing
notice to you if: (i) you fail to pay any bill in full when it is due; (ii) we receive confirmation
that you have received Services, or any part of the Services, without paying for them; (iii)
you otherwise violate the terms and conditions of this Agreement or any customer
agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services
and/or Equipment; (iv) you transfer, encumber or relocate any leased Equipment (unless
you relocate such equipment as part of a residential move into an area within which you can
permissibly continue to receive such Services); (v) you assign or attempt to assign any of
your rights, duties or obligations under the terms and conditions of this Agreement or any
customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving
Services and/or Equipment; (vi) you are receiving Services through a third-party billing
agent and become ineligible to receive applicable services provided by such third-party
billing agent; or (vii) any act of bankruptcy on your part or the commencement of
bankruptcy proceedings against you.
D.If your Services are canceled or disconnected for any reason, you are still responsible for the
payment of all outstanding balances accrued, including without limitation any applicable
Fees.
E.You understand that, except in certain limited circumstances, charges for Services, once
charged to your account, are nonrefundable and no refunds or credits will be provided in
connection with the cancellation of subscriptions to Services. If you received a discounted
price in exchange for your agreement to pay for your Services on a multi-month basis, and
you cancel your Services prior to the expiration of your multi-month subscription, you
understand and agree that you are not entitled to any refund or credit for the unused portions
of your multi-month subscription.
4.EQUIPMENT.
A.In order to receive Services it will be necessary for you to purchase or lease certain reception
equipment consisting primarily of a DISH Network compatible satellite receiver(s), satellite
antenna(s), low noise block converter(s) with integrated feed(s) and remote control(s)
(collectively, "Equipment"). Receiver(s) provided to you may also be equipped with a
conditional access card ("Smart Card") inserted into a slot in such receiver. Not all receivers
with a Smart Card slot require Smart Cards for proper authorization. Smart Cards remain the
property of DISH Network at all times and any tampering or other unauthorized
modification to any Smart Card is strictly prohibited and may result in, and subject you to,
legal action. You agree to return Smart Cards to us upon our request.
B.Smart Cards are non-transferable. Your Smart Card will only work in the DISH Network
receiver to which it was assigned by DISH Network. If you report to our Customer Service
Center that your Smart Card was lost, damaged, defective or stolen, then we will replace it,
as long as there is no evidence of unauthorized tampering or modification. A replacement
fee will apply ("Smart Card Replacement Fee"). In addition, in order to minimize downtime
for your Equipment, DISH Network will, upon your request, deliver a replacement Smart
Card to you via overnight delivery in which event our overnight delivery fee ("Overnight
Delivery Fee") will apply.
C.DISH Network reserves the rights to alter software, features and/or functionality in your
DISH Network receivers, provide data and content to Personal Video Recorder/Digital
Video Recorder ("PVR/DVR") products, store data and content on the hard drives of PVR/
DVR products, and send electronic counter-measures to your DISH Network receivers,
through periodic downloads. DISH Network will use commercially reasonable efforts to
schedule these downloads to minimize interference with or interruption to your Services, but
shall have no liability to you for any interruptions in Services arising out of or related to
such downloads.
D.DISH Network's PVR/DVR Products allow you to record programming in digital format.
Total recording time varies depending on your receiver and the nature of the programs being
recorded. DISH Network does not guarantee access to or recording of any particular
programming. Most programming is the copyrighted material of the third party that supplies
it, is protected by copyright and other applicable laws, and may not be reproduced,
published, broadcast, rewritten, or redistributed without the written permission of the third
party that supplied it except as permitted by the "fair use" provisions of the U.S. copyright
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