Equipment | Dish Network Solo 311 manual

Residential Customer Agreement

C. DISH Network has the right to disconnect your Services at any time without providing notice to you if: (i) you fail to pay any bill when it is due; (ii) we receive confirmation that you have received Services, or any part of Services without paying for them; (iii) you otherwise violate the terms and conditions of this Agreement or any promotion agreement; (iv) you transfer, encumber or relocate your Equipment (unless you relocate such equipment as part of a residential move into an area that can receive Programming); (v) you assign or attempt to assign any of your rights, duties or obligations under the terms and conditions of this Agreement or any promotion agreement; (vi) you are receiving applicable services from a third party billing agent and become ineligible for such services; or (vii) any act of bankruptcy on your part or the commencement of bankruptcy proceedings against you.

D. If your Services are canceled or disconnected for any reason, you are still responsible for payment of all outstanding balances accrued, including without limitation any applicable Fees.

E. You understand that, except in certain limited circumstances, charges for Services, once charged to your account, are nonrefundable and no refunds or credits will be provided in connection with the cancellation of subscriptions. If you received a discounted price in exchange for your agreement to pay for your Services on a multi-month basis, and you cancel your Services prior to the 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 your multi-month subscription and that we may retain any prepaid monies as liquidated damages.

4. EQUIPMENT

A. In order to receive Services it will be necessary for you to purchase or lease certain reception equipment consisting primarily of a DISH Network compatible satellite receiver(s), satellite antenna(s), low noise block converter(s) with integrated feed(s) (“LNBFs”) and remote control(s) (collectively, “Equipment”). Receiver(s) provided to you may also be equipped with a conditional access card (“Smart Card”) inserted into a slot in such receiver. Not all receivers with a Smart Card slot require Smart Cards for proper authorization. Smart Cards remain the property of DISH Network at all times and any tampering or other unauthorized modification to any Smart Card is strictly prohibited and may result in, and subject you to, legal action. You agree to return Smart Cards to us upon our request.

B. Smart Cards are non-transferable. Your Smart Card will only work in the DISH Network receiver to which it was assigned by DISH Network. If you report to our Customer Service Center that your Smart Card was lost, damaged, defective or stolen, then we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee will apply (“Smart Card Replacement Fee”). 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 in which event our overnight delivery fee (“Overnight Delivery Fee”) will apply.

C. DISH Network reserves the rights to alter software, features and/or functionality in your DISH Network receiver, provide data and content to Personal Video Recorder/Digital Video Recorder (“PVR/DVR”) products, store data and content on the hard drives of PVR/DVR products, and send electronic counter-measures to your DISH Network receiver, through periodic downloads. DISH Network will use commercially reasonable efforts to schedule these downloads to minimize interference with or interruption to your Services, but shall have no liability to you for any interruptions in Services arising out of or related to such downloads.

D. DISH Network's PVR/DVR Products allow you to record programming in digital format. Total recording time varies depending on your receiver and the nature of the programs being recorded. DISH Network does not guarantee access to or recording of any particular programming. Most programming is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it except as permitted by the “fair use” provisions of the U.S. copyright laws. DISH Network may, in its sole discretion, add, change or remove features of its PVR/DVR Products and, upon notice to you, introduce or change fees for the use of PVR/DVR Product features. DISH Network will notify you of any change that is within its reasonable control.

Page 75