Appendix
Residential Customer Agreement
THIS RESIDENTIAL CUSTOMER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH DISH NETWORK WILL PROVIDE ITS SERVICES TO YOU. THIS AGREEMENT IS EFFECTIVE UNTIL CHANGED OR REPLACED. IF YOU ARE AN EXISTING DISH NETWORK CUSTOMER AND DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY SUBSEQUENT CHANGES TO, OR REPLACEMENT OF, THESE TERMS AND CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL AT OUR OPTION CANCEL YOUR SERVICES OR ALLOW YOU TO CONTINUE TO RECEIVE YOUR SERVICES UNDER THE TERMS AND CONDITIONS OF YOUR IMMEDIATELY PRIOR RESIDENTIAL CUSTOMER AGREEMENT. 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, 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,
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
D.Ordering
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
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 which you have agreed under the terms and conditions of any other agreement with DISH Network. If a change affects you, we will provide you notice of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement any programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree that you will not be entitled to any refund because of a deletion, rearrangement or change in the contents of any programming, programming packages, or other Services previously offered.