Appendix
Residential Customer Agreement
To view this Residential Customer Agreement (the "Agreement") in Spanish, please visit our website at www.dishnetwork.com or call us at 1 (800) 333-DISH and we will send you a copy. Para ver este Acuerdo en español por favor visite www.dishnetwork.com o llame al 1(800)333-DISH y le enviaremos una copia. "DISH Network" is a trademark of EchoStar Satellite L.L.C. For purposes of this Agreement and any promotion agreement only, "DISH Network", "we" or "us" shall mean EchoStar Satellite L.L.C. or, where applicable under the particular circumstances, third party billing agents, and "you" or "your" refer to you, the DISH Network subscriber.
THIS RESIDENTIAL CUSTOMER AGREEMENT ("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 DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY SUBSEQUENT CHANGES TO 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, WE WILL NOTIFY YOU OF ANY MODIFICATIONS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOUR CONTINUED RECEIPT OF DISH NETWORK SERVICES FOLLOWING RECEIPT OF SUCH NOTICE AND PUBLICATION BY DISH NETWORK ON ITS WEB SITE OF SUCH MODIFICATIONS, SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFIED TERMS AND CONDITIONS, AND, ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU. IF YOU WOULD LIKE TO RECEIVE A WRITTEN COPY OF THIS AGREEMENT AT ANY TIME, PLEASE CONTACT US AT THE E-MAIL ADDRESS, PHONE NUMBER OR MAILING ADDRESS LISTED ABOVE.
1.THE DISH NETWORK SERVICE
A.Services Defined. DISH Network offers a wide variety of video, audio and interactive 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 any programming or other services that are currently available from DISH Network (whether subscription based or pay-per-view based) or that we may provide to consumers either now or in the future.
B.Programming Changes. Except as otherwise set forth in this Agreement or the specific agreement applicable to your promotion, if any, 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 (and without limitation), you may be charged a 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 or DISH Latino Max, 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 adult-oriented programming services. It is your responsibility to impose any viewing restrictions on other family members or guests, as you deem appropriate. We are not responsible to you or anyone else based on the content of programming.
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 receive the full functionality of DISH Network pay-per-view Services, your DISH Network digital direct broadcast satellite ("DBS") receiver must be connected to a land-based telephone line. You may also order DISH Network special events and pay-per-view Services over the telephone by calling our Customer Service Center or by using our automated system through the following toll free number: 1-877-DISH-PPV (3474-778). A fee will apply for use of this automated system ("Pay- Per-View Automated Fee") or the Customer Service Center ("Pay-Per-View Live Operator Fee").
E.Private Viewing. DISH Network provides Services to you 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 DISH Network Equipment (including without limitation any DISH Network receivers) (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 commercial rights to distribute such Services in a commercial establishment. The payment of that amount and/or the disconnection of Services shall not prejudice our ability to exercise any other rights or remedies we may have under contract (including without limitation this Agreement), at law, in equity, or otherwise.
F.Additional 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 land-based telephone line. Unless otherwise specified in the agreement applicable to your specific promotion, if any, DISH Network will charge you an additional outlet programming access
