User Guide

142
Residential Customer Agreement
Appendix
DISH Network. If you do not return such Equipment undamaged and in working order, normal wear and tear
excepted, and in accordance with the procedures set forth herein, then you are responsible and must pay us certain
charges as described in the Package Plan Agreement.
C. Defects and Damages
. You must notify us immediately of any defect in, damage to, or accident involving your
leased Equipment. All maintenance and repair of such Equipment must be performed by us or our designee(s).
DISH Network may charge you for any repairs that are necessitated by any damage to, or misuse of, such
Equipment.
6. TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT
You may not assign or transfer your Services without our written consent, which will not be unreasonably withheld.
Provided however, if you lease Equipment or your account has an outstanding balance, then the withholding of
consent to assign or transfer your Services shall not be deemed unreasonable.
7. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS
. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF
OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR FOR ANY
DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH INTERRUPTION, DELAY OR
FAILURE TO PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH
NETWORK'S ACCESS TO ALL OR ANY PORTION OF SERVICES; THE RELOCATION OF ALL OR ANY
PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S); A CHANGE IN THE FEATURES AVAILABLE
WITH YOUR EQUIPMENT; ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US; OR ANY ACTS OF
GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK
FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE
CONTROL.
B. ALTERATIONS TO EQUIPMENT
. NONE OF DISH NETWORK, ECHOSTAR OR OUR THIRD-PARTY BILLING
AGENTS, OR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ALTERATION TO ANY
EQUIPMENT, INCLUDING WITHOUT LIMITATION, REMOVING OR DISABLING FEATURES (SUCH AS THE
ABILITY TO ACCESS THE INTERNET VIA A RECEIVER).
C. LOSS OF RECORDED MATERIAL
. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS NOR ANY OF
OUR OR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED
MATERIAL OR THE PREVENTION OF RECORDING, INCLUDING WITHOUT LIMITATION, ANY LOSS OR
PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR
EQUIPMENT.
D. NO WARRANTIES
. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE
LAW, NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR THEIR AFFILIATES,
MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING YOUR DISH NETWORK
EQUIPMENT OR ANY OTHER EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
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.