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Dish Network DishPro
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Page 120
Appendix B
AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU. IF YOU ARE AN
EXISTING DISH NETWORK CUSTOMER, WE WILL NOTIFY YOU OF ANY CHANGES
TO, OR REPLACEMENT OF, THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND YOUR CONTINUED RECEIPT OF DISH NETWORK SERVICES FOLLOWING
RECEIPT OF SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH
CHANGED OR REPLACED TERMS AND CONDITIONS AND THEY WILL BE LEGALLY
BINDING ON YOU.
1. THE DISH NETWORK SERVICE
A. Services Defined. For purposes of this Agreement, the term "Services" shall mean all
video, audio, interactive and other programming services and all other services that are
currently available from DISH Network (whether subscription based, pay-per-view based
or otherwise) and that we may provide to consumers in the future.
B. Changing Your Programming Selection. Unless otherwise specified in this Agreement
or the customer agreement(s), if any, applicable to the promotion(s) pursuant to which
you are receiving Services and/or Equipment, you may change your programming
selection at any time by notifying us. A fee may apply to such changes ("Transaction
Fee"). In addition (and without limitation), you may be charged a monthly fee ("Service
Access Fee") if you fail to subscribe to one of the following DISH Network basic
programming packages: America's Top 60, America's Top 120, America's Top 180, Great
Wall TV Package, DISH Latino, DISH Latino Dos DISH Latino Max, America's
"Everything" Pak, Latino "Everything" Pak, or any of their successor packages. Some
Services are only available if you purchase and maintain a minimum level of
programming.
C. Programming Availability. Certain Services transmitted by us, including but not limited
to some subscription Services, sporting events and broadcast network Services, may be
blacked out in your area of reception. If you circumvent or attempt to circumvent any of
these blackouts, you may be subject to legal action. You must be at least 18 years of age,
or the applicable age of majority where you reside, in order to receive adult-oriented
programming services.
D. Ordering Pay-Per-View. You may order DISH Network special events and pay-per-
view Services by using your on-screen Program Guide and remote control unit to select
the movies and other events we offer. To receive the full functionality of DISH Network
pay-per-view Services, your DISH Network receiver must be connected to a land-based
telephone line. You may also order DISH Network special events and pay-per-view
Services by calling the following toll free number: 1-877-DISH-PPV (3474-778) and using
our automated system or speaking with a live operator at one of our Customer Service
Centers. A fee will apply for using our automated system ("Pay-Per-View Automated
Fee") or calling one of our Customer Service Centers ("Pay-Per-View Live Operator
Fee").
E. Private Home Viewing Only. DISH Network provides Services to you solely for your
private home viewing, use and enjoyment. You agree that no Services provided to you
will be viewed in areas open to the public or in commercial establishments. Services
may not be rebroadcast, nor performed, nor may admission be charged for listening to or
viewing any Services. If we later determine that you utilized your Equipment (or sold,
leased or otherwise gave possession of such equipment to a third party who you knew or
reasonably should have known intended to use it) to permit the viewing of Services in a
commercial establishment or any other area open to the public, we may disconnect your
Services and in addition to all other applicable fees, you agree to pay us the difference
between the price actually paid for Services and the full commercial rate for such
Services, regardless of whether we have or had the rights to distribute such Services in a
commercial establishment.
F. Additional Tuners and Receivers. We may allow you to place additional receivers on
your account in our sole discretion. Each additional receiver will be authorized to receive
the same Services as your initial receiver. This option is only available if your initial DISH
Network receiver and all additional receiver(s) are located at the same residence and are
continuously connected to your same land-based telephone line. Unless otherwise
specified in the customer agreement(s), if any, applicable to the promotion(s) pursuant to
which you are receiving Services and/or Equipment, DISH Network will charge you a
monthly additional outlet programming access fee ("Additional Outlet Programming
Access Fee") for each tuner activated on your account beyond the first. If you desire to
receive Services at two different residential locations, you must open a separate account
for each location. You agree that you will not directly or indirectly use a single account for
the purpose of authorizing Services for multiple DISH Network receivers that are not all
located in the same residence and connected to your same land-based telephone line. If
we later determine that you did, we may disconnect your Services and, in addition to all
other applicable fees, you agree to pay us the difference between the amounts actually
received by us and the full retail price for the Services authorized for each DISH Network
receiver on your account.
G. Changes in Services Offered. We reserve the right to add, delete, rearrange and/or
change any and all programming, programming packages and other Services that we
offer, and our prices and fees related to such programming, programming packages and
Services at any time, including without limitation during any term agreement period to