Appendix
Page 140
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.
F.
Attorneys’ Fees/Collections. If we use an attorney or a collection agency to collect any money you owe us or to assert any other
right that we may have against you, including without limitation, any breach of any agreement you may have with DISH Network or
one of our affiliates, you agree to pay the reasonable costs of such collection or other action. These costs may include, without
limitation, the costs of a collection agency, reasonable attorneys’ fees and court costs. If you believe you have been billed in error
or you would like to make any other requests for a billing statement credit, you must contact our customer service center by
telephone or in writing within twenty (20) days after the date you receive the bill for which you are seeking correction. Failure to
timely notify us of a dispute will constitute your acceptance of the corresponding bill. You must pay undisputed portions of any
billing statement before the next billing statement is issued or you must pay a Late Payment Fee. All payments for Services must
be made directly by you to us, unless we authorize otherwise; for example, DISH Network shall have no obligation to provide
Services for which payment is made by you to a third party or payment is made by a third party on your behalf.
To Next Page
Loading...
Need help?
General
