Appendix
126
Residential Customer Agreement
C. 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 EXPRESSLY DISCLAIMED
AND EXCLUDED.
D. IN NO EVENT SHALL WE, OUR THIRD PARTY BILLING AGENTS, OR ANY OF OUR OR THEIR AFFILIATES HAVE
ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATING TO DISH NETWORK EQUIPMENT OR ANY OTHER 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.
E. IT IS YOUR RESPONSIBILITY TO IMPOSE VIEWING RESTRICTIONS ON YOURSELF, MEMBERS OF YOUR
FAMILY AND HOUSEHOLD, AND GUESTS, AS YOU DEEM APPROPRIATE. WE, OUR THIRD PARTY BILLING
AGENTS, AND OUR AND THEIR AFFILIATES SHALL HAVE NO LIABILITY TO ANYONE DUE TO, OR BASED UPON,
THE CONTENT OF ANY OF THE SERVICES FURNISHED TO YOU.
8. WARNING AGAINST PIRACY AND INFRINGEMENTA. It is a violation of various 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 include imprisonment and civil damage awards of up to
$110,000 per violation.
B. Title 47, Section 605(e)4, United States Code (U.S.C.) 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 punishable in the same manner. Investigative authority for violations lies with the
Federal Bureau of Investigation. Equipment may incorporate copyright protection technology that is protected by U.S.
patents and other intellectual property rights. Use of such copyright protection technology must be authorized by
Macrovision, and is intended for home and other limited pay-per-view uses only unless otherwise authorized by
Macrovision. Reverse engineering or disassembly is prohibited.
9. GENERALA. Physical Address/Change of Address. When setting up your DISH Network account, you agree to provide us with the
physical street address where your Equipment will be located and your Services will be provided. 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 your Equipment is located, and telephone number. You may do
this by notifying our Customer Service Center by telephone or in writing at the phone number or mailing or e-mail address
set forth in the first paragraph of this Agreement.
B. Notice. Any notice required or permitted to be given by us under this Agreement may be provided via the mail, on your
billing statement, as a bill insert, via broadcast on a television channel, through publication on the website set forth in the
first paragraph of this Agreement, by telephone or by any other reasonable means. If we send you notice by mail, on your
billing statement or as a bill insert, it will be considered given when deposited in the U.S. Mail, addressed to you at your
then-current billing address in our records. If we send you notice via broadcast on a television channel or through
publication on the website set forth in the first paragraph of this Agreement, it will be considered given when first broadcast
or published. If we send you notice by telephone, it will be considered given when personally delivered to you or when left
as a message at your then-current phone number in our records. Unless otherwise specified in this Agreement, any notice
required or permitted to be given by you under this Agreement shall be in writing and shall be sent by first class mail
addressed to us at the mailing address set forth in the first paragraph of this Agreement, and shall be deemed given when
received by us at such mailing address.
C. Credit Checks. You authorize DISH Network to investigate your financial responsibility and creditworthiness, including
without limitation acquiring credit reports and histories, and to report any payment defaults to credit reporting agencies.
Under the Fair Credit Reporting Act, you have the right to notify DISH Network if you believe we have reported inaccurate
information about your account to any consumer reporting agency. Please include the specific item of dispute and why you
believe the information reported is in error in any such notice.
D. Personal Information. If you have an on-line account with us, you are fully responsible for maintaining the confidentiality
of your password and account username and for all activities that occur under your password and/or account username.
You agree to: (i) keep your account username and password confidential and not share them with anyone else, and (ii)
immediately notify us of any unauthorized use of your password and/or account username or other breach of security.
E. Applicable Law. This Agreement, including without limitation all matters relating to its validity, construction, performance
and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement or Services, shall be
governed by the laws and regulations of the State of Colorado without giving effect to its conflict of law provisions. These
terms and conditions are subject to amendment, modification or termination if required by such laws or regulations. If any
provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision shall be modified
to the minimum extent necessary to make such provision legal and no longer in conflict with such law or regulation, without
affecting the validity of any other provisions.
Appendix Two Color.fm Page 126 Tuesday, July 25, 2006 3:06 PM