Terms
and Conditions
Effective as of September 1,
2001 until replaced.
THIS DOCUMENT DESCRIBES THE
TERMS AND CONDITIONS UNDER WHICH DISH NETWORK
WILL PROVIDE ITS SERVICE TO YOU. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS, PLEASE NOTIFY
US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE.
IF YOU ARE A NEW DISH NETWORK CUSTOMER, YOUR ACTIVATION
OF A DISH NETWORK ACCOUNT AND RECEIPT OF DISH
NETWORK SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE
OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS
WILL BE LEGALLY BINDING UPON YOU.
IF YOU ARE AN EXISTING DISH
NETWORK CUSTOMER, YOUR CONTINUED RECEIPT OF DISH
NETWORK SERVICES FOLLOWING RECEIPT OR PUBLICATION
BY DISH NETWORK ON ITS WEB SITE OF THIS AGREEMENT
SHALL CONSTITUTE YOUR ACCEPTANCE OF ITS TERMS
AND CONDITIONS, AND, ACCORDINGLY, THEY WILL BE
LEGALLY BINDING ON YOU.
"DISH Network” is
a trademark of EchoStar Satellite Corporation.
1. THE DISH NETWORK SERVICE
A. Services Defined. DISH Network offers a wide
variety of video and audio programming and other
services and we are constantly striving to add
new services to our lineup. For purposes of this
Agreement the term "Services” shall
mean the programming available on DISH Network
(whether subscription based or pay per view based)
and any other services that we may provide to
consumers either now or in the future. For purposes
of this Agreement the terms "You” or
"Your” refer to you, the DISH Network
subscriber.
B. Programming Changes. Except
as otherwise set forth in this Agreement, you
may change your programming selection at any time
by notifying us. A fee may apply to such changes
(Change of Service Fee). In addition, you may
be charged a fee (Service Access Fee) if you fail
to subscribe to one of DISH Network’s basic
programming packages which include America’s
Top 50, America’s Top 100/CD, America’s
Top 150, DISH Latino or DISH Latino Dos.
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 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 order DISH Network pay-per-view Services,
your DISH Network DBS digital receiver must be
connected to a telephone outlet. You may also
order DISH Network special events and pay-per-view
Services over the telephone by calling the Customer
Service Center or by using our automated system
through the following toll-free number:
1-877-DISH-PPV (347-4778) for ordering movies
A small fee will apply for use of the automated
system (Pay-Per-View Automated Fee) or the Customer
Service Center (Pay-Per-View Fee).
E. Private Viewing. DISH Network
provides Services to you for your private home
viewing, use and enjoyment. You agree that the
Services provided will not be viewed outside of
your private residence. You are permitted to exhibit
the Services solely in your private residence
and not in any other areas. The Services may not
be rebroadcast, transmitted, recorded or performed,
nor may admission be charged for listening to
or viewing any Services provided by us. If we
later determine that you utilized your DISH Network
Equipment (including any additional DISH Network
receivers) or sold, leased or otherwise gave possession
of the same to a third party who you knew or reasonably
should have known intended to use it to permit
the viewing of the Services in a commercial establishment
or any other area open to the public, we may terminate
the Services and in addition to all other applicable
fees, you agree to pay us the difference between
the price actually paid for the Services and the
full commercial rate for such Services, regardless
of whether we have or had the commercial rights
to such Services. The payment of that amount and/or
the termination of Services shall not prejudice
our ability to exercise any other rights and remedies
we may have under this Agreement, at law, in equity,
or otherwise.
F. Additional Receivers. To
independently tune additional televisions within
your home, a separate DISH Network receiver is
required for each television. DISH Network will
allow you to place up to five additional receivers
on your account. Each additional receiver would
be authorized to receive the same Services as
your initial receiver. DISH Network will charge
you a reduced monthly fee (Additional Receiver
Authorization Fee) for each additional receiver
added to your account. 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 the
same telephone line. If you desire to receive
Services at two different 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 the same phone line. If we later
determine that you did, we may terminate 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 DBS receiver on the account, whether
owned by you or not. The payment of that amount
and/or the termination of Services shall not prejudice
our ability to exercise any other rights and remedies
we may have under this Agreement, at law, in equity,
or otherwise.
G. Changes in Services offered.
DISH Network reserves the right to change the
Services that we offer, and our prices or fees
related to such Services at any time. If the change
affects you, we will provide you notice of the
change and its effective date. The notice may
be provided on your billing statement or by other
communication permitted under Section 9B. In the
event of a change in the contents of any programming,
programming packages or other Services, you understand
and agree that we have no obligation to replace
or supplement the programming, programming packages
or other Services previously offered that have
been deleted, rearranged or otherwise changed.
You further understand and agree you will not
be entitled to any refund because of a change
in the contents of any programming, programming
packages, or other Services previously offered.
H. Multi-Month Subscriptions.
For multi-month subscriptions, you may downgrade
the Services only at the time of renewal. You
may not downgrade the Services during the term
of the multi-month subscription.
2. BILLING POLICIES AND PAYMENTS
FOR SERVICES
A. You agree to pay all amounts billed for Services
and to pay all taxes, fees and other charges,
if any, which are now or may in the future be
assessed on the Services you receive from us.
Unless you prepay for a multi-month subscription
to Services, we will bill you each month, in advance,
for Services ordered by you or anyone who uses
your DISH Network Equipment, whether with or without
your permission, until you cancel the Services.
The bills you receive will show the total amount
due, the payment due date, payments, credits,
purchases and other charges to your account.
B. You agree to pay us in full
monthly by the payment due date for the Services
and for any other charges due us, including any
fees set forth in this Section 2. Payment of your
bill after the due date will result in you paying
us a Late Payment Fee. Other fees and charges
may also be assessed. If partial payments are
made, they will be applied first to the oldest
outstanding bill. If you send checks or money
orders marked "payment in full,” we
can accept them without losing any of our rights
to collect any other amounts owed by you, notwithstanding
your characterization of the payment. DISH Network
does not extend credit to our customers, and the
Late Payment Fee is not interest, a credit service
charge or a finance charge. You understand and
agree that in the case of late payment or nonpayment
for any Services ordered by you or for any of
the charges stated below, we may report such late
payment or nonpayment to credit reporting agencies.
If you do not pay your bill by the due date, we
have the right to disconnect your Services at
any time thereafter, in our sole discretion. DISH
Network may require you to pay all past due charges,
a Reconnect Fee, a deposit equal to a minimum
of one month’s advance charges and all outstanding
balances accrued through the date of deactivation,
before we reconnect your Services. Deposits will
not be held segregated from other funds and shall
not earn or accrue interest.
C. If you at any time fail,
neglect, or refuse to make timely payments hereunder,
or if a petition in bankruptcy shall be filed
on your behalf or against you, or if you take
advantage of any insolvency law or become insolvent
or make an assignment for the benefit of creditors,
or if a receiver, liquidator, or trustee is appointed
for your property or affairs, we shall be wholly
relieved from our obligations hereunder.
D. If you paid for an annual
or other multi-month subscription to any Services
and your account is past due for any amounts owed
to us, at our option we may suspend any or all
Service until payment is received, and/or convert
your annual or other multi-month subscription
to a monthly subscription. If we convert your
multi-month subscription to a monthly subscription,
we will first apply the amount you paid for your
multi-month subscription to any past due amounts
and then any remaining amounts to future obligations.
If we elect to offset the amount paid for the
remaining portion of a multi-month subscription
against amounts past due, you agree to pay, in
addition to all other applicable fees, the Offset
Fee set forth below for each month and partial
month that the multi-month subscription was previously
received.
E. If we use a collection agency
or attorney to collect money you owe us or to
assert any other right which we may have against
you, you agree to pay the reasonable costs of
collection or other action. These costs might
include, but are not limited to, the costs of
a collection agency, reasonable attorney's fees
and court costs. If there are billing errors or
other requests for credit, you can contact our
Customer Service Center by telephone or in writing.
You must contact us within sixty (60) days of
the time you receive the billing statement for
which you are seeking corrections. Failure to
timely notify us of a dispute shall constitute
acceptance of the bill. Undisputed portions of
the billing statement must be paid before the
next billing statement is issued to avoid an administrative
fee for late payment. All payments for Services
must be made directly by you to us. DISH Network
shall have no obligation to provide Services for
which payment is made by you to a third party.
F. In addition to the amounts
due for Services, you agree to pay the fees referenced
below ("Fees”) when applicable. DISH
Network reserves the right to increase these Fees
or add additional Fees in the future, in our sole
discretion.
Smart Card Replacement Fee $50.00
Additional Receiver Authorization Fee (monthly,
per receiver) $4.99
Late Payment Fee $5.00
Change of Service Fee $5.00
Duplicate Billing Statement Fee $2.00
Overnight Delivery Fee $18.00
Restart Fee $25.00
Returned Payment Fee $25.00
Service Access Fee (monthly) $5.00
Offset Fee $2.00
Ledger Request Fee $5.00
Pay-Per-View Automated Fee $1.00
Pay-Per-View Fee $5.00
3. CANCELLATION OF SERVICE
A. Your Service will continue until cancelled
as provided for herein. Your subscription will
be automatically renewed unless you contact us
to cancel as provided for in the next paragraph.
B. You have the right to cancel
your Service for any reason at any time by notifying
us via telephone or in writing at the phone number
or address set forth on page 1, above. Please
be aware that certain promotional offers have
a minimum subscription commitment (usually 12
months) and if you cancel your service prior to
the expiration of that commitment, certain early
termination fees may apply
C. DISH Network has the right
to terminate your Services at any time without
providing notice to you if: (i) you fail to pay
your bill when it is due; (ii) we receive confirmation
that you have received the Services, or any part
of the Services without paying for them; or (iii)
you otherwise violate the terms of this Agreement.
D. If your Service is cancelled
for any reason, you are still responsible for
payment of all outstanding balances accrued, including
any applicable Fees.
E. You understand that charges
for Services, once charged to your account, are
non refundable. For monthly subscriptions, the
cancellation will be effective at the end of the
period covered by the last monthly bill. No refunds
or credits will be provided in connection with
the cancellation of monthly subscriptions. For
annual or other multi-month subscriptions, the
cancellation will be effective as of the date
the multi-month subscription expires. Because
you are receiving a discounted price in exchange
for your agreement to pay for your services on
an annual or other multi-month basis, in the event
you cancel the Services prior to 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 the multi-month
subscription and that we have the right to retain
any prepaid monies as liquidated damages.
4. EQUIPMENT
A. In order to receive the Services it will be
necessary for you to purchase or lease certain
reception equipment consisting primarily of a
DISH Network compatible satellite receiver, a
satellite antenna, LNBF unit and remote control
("Equipment”). You will also be provided
with a conditional access card ("Smart Card”)
that is inserted into your satellite receiver.
The Smart Card remains the property of EchoStar
Communications Corporation, the corporate parent
of DISH Network and any tampering or other unauthorized
modification to the Smart Card is strictly prohibited
and may result in, and subject you to, legal action.
You agree to return the Smart Card to us upon
request.
B. Smart Cards are nontransferable.
Your Smart Card will only work in the DISH Network
receiver to which it was assigned by DISH Network.
If you report to the Customer Service Center that
your Smart Card was lost, damaged, defective or
stolen we will replace it, as long as there is
no evidence of unauthorized tampering or modification.
A replacement fee will apply. 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. Our Overnight Delivery Fee will apply.
C. DISH Network reserves the
right to alter software in your DISH Network receiver,
and provide content to PVR products, through periodic
downloads. DISH Network will use commercially
reasonable efforts to schedule these downloads
in a manner that result in the least amount of
interference with or interruption to your Service.
D. Your DISH Network receiver
contains certain components and software which
are proprietary to DISH Network. You agree that
you will not try to reverse-engineer, de compile
or disassemble any software or hardware contained
within your receiver or our Smart Card. Such actions
are strictly prohibited and may result in the
termination of your Services and/or legal action.
E. For proper operation of your
Equipment, DISH Network requires that you connect
each DISH Network receiver on your account to
a telephone line. For accounts containing multiple
receivers, each receiver must be connected to
the same telephone line.
F. If your DISH Network Equipment
is stolen or otherwise removed from your premises
without your authorization, you must notify our
Customer Service Center immediately, but in any
event not more than three (3) business days after
such removal to avoid liability for payment for
unauthorized use of the DISH Network Equipment.
You will not be liable for unauthorized use after
we have received your timely notification.
5. LEASED EQUIPMENT
A. If you decide to lease your Equipment from
DISH Network, such Equipment shall at all times
remain the sole and exclusive property of DISH
Network and we will have the right, at our discretion,
to replace it with new or reconditioned equipment
and to remove the equipment upon termination of
Services. None of the equipment shall be deemed
fixtures or part of your realty. Our ownership
of the equipment may be displayed by notice contained
on the equipment. You shall have no right to pledge,
sell, mortgage, give away or remove, relocate,
alter or tamper with the equipment (or any notice
of our ownership thereon) at any time. Any reinstallation,
return of or change in location of the equipment
shall be performed by us at the service rates
in effect at the time of service. You shall not
attach any electrical or other devices to or otherwise
alter the equipment without our prior written
consent. DISH Network shall have the right to
make such filings as are necessary to evidence
our ownership rights in the equipment, and you
agree to execute any and all documents as are
necessary for us to make such filings. Upon termination
of Services, you must notify our Customer Service
Center to schedule the return the Equipment.
B. You shall notify us promptly
of any defect in, damage to, or accident involving
the equipment. All maintenance and repair of the
equipment shall be performed by us or our designees.
DISH Network may charge you for any repairs that
are necessitated by any damage to, or misuse of,
the Equipment.
6. TRANSFER OF ACCOUNT, SERVICES
OR EQUIPMENT
DISH Network may sell, assign or transfer your
account to a third party without notice to you.
You may not assign or transfer your Services without
our written consent which will not be unreasonably
withheld. We may, however, refuse to allow you
to assign or transfer your Services if you lease
your Equipment or if your account has an outstanding
balance.
7. LIMITATION OF OUR LIABILITY
A. WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS
IN SERVICE OR LIABLE FOR ANY DELAY OR FAILURE
TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES
IN CONNECTION WITH THE TERMINATION OF ALL OR A
PORTION OF THE SERVICES, THE RELOCATION OF ALL
OR A PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S),
A CHANGE IN THE FEATURES AVAILABLE WITH YOUR DISH
NETWORK DBS EQUIPMENT OR ANY ACTS OF GOD, FIRES,
EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE,
ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE
BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR
ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL
OR THE PREVENTION OF RECORDING DUE TO ANY FAULT,
FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.
WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED,
REGARDING THE DISH NETWORK DBS EQUIPMENT OR ANY
SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES
ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL WE HAVE
ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES RELATING TO THE DBS EQUIPMENT
OR RESULTING FROM OUR FURNISHING OR FAILURE TO
FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM
ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES
OR EQUIPMENT FURNISHED TO YOU.
B. It is your responsibility
to impose any restrictions on viewing by you,
other members of your household, or guests, and
we shall have no liability to anyone due to or
based on the content of any of the Services furnished
to you.
8. WARNING AGAINST PIRACY
It is a violation of several U.S. federal and
state laws to receive any Services, or any portion
of such Services, without paying for them. The
penalties for violating such laws can range from
imprisonment to civil damage awards of up to $110,000
per violation.
9. MISCELLANEOUS
A. Physical Address/Change of Address. When setting
up your DISH Network account, you agree to provide
us with the physical street address where the
Equipment will be located. A post office box does
not constitute a physical address and is not sufficient
to meet this requirement. You agree to give us
prompt notice of your change of name, mailing
address, physical address where the Equipment
is located or telephone number. You may do this
by notifying our Customer Service Center by telephone
or in writing.
B. Notice. If we send you notice,
it will be considered given when deposited in
the U.S. Mail, addressed to you at your billing
address or hand-delivered to you. Our notice to
you will also be effective if provided on your
billing statement or by telephone. If you give
notice to us, it will be deemed given when received
by us at the address listed on the first page
of this Agreement.
C. Applicable Law. This Agreement,
including all matters relating to its validity,
construction, performance and enforcement, shall
be governed by applicable federal law, the rules
and regulations of the Federal Communications
Commission, and the laws and regulations of the
state and local area where Service is provided.
These terms and conditions are subject to amendment,
modification or termination if required by such
regulations or laws. If any provision in this
Agreement is declared to be illegal or in conflict
with any law or regulation, that provision may
be deleted or modified, without affecting the
validity of the other provisions.
D. Other. This document
contains the entire agreement between DISH Network
and you, the customer, and no salesperson, installer,
customer service representative, authorized retailer,
or other similarly situated individual is authorized
to change the terms set forth herein. DISH Network
may, however, change the terms and conditions
of this Agreement in the future and will notify
you if that occurs. The terms of this Agreement,
which either are expressly stated to survive or
by their nature would logically be expected to
survive termination, shall continue thereafter
until fully performed.
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