Appendix
Residential Customer Agreement
RESIDENTIAL CUSTOMER AGREEMENT
Thank you for choosing DISH Network as your television service provider. DISH Network is happy to answer any questions you may have and to provide you with technical and other customer support. You may contact us 24 hours a day, any day of the year, by any of the following means:
Phone: 1 (800) 333-DISH (3474)
Email: feedback@customermail.dishnetwork.com
Mail: DISH NETWORK CUSTOMER SERVICE CENTER
P.O. BOX 9033
LITTLETON, CO 80160
Website:www.dishnetwork.com
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 customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, "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 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, pay-per-view based or otherwise) and that we may provide to consumers in the future.
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 adult-oriented programming services.
D.Ordering Pay-Per-View. You may order DISH Network special events and 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 receiver must be connected to a land- based telephone line. You may also order DISH Network special events and pay-per-view Services by calling the following toll free number: 1-877-DISH-PPV (3474-778) and using our automated system or speaking with a live operator at one of our Customer Service Centers. A fee will apply for using our automated system ("Pay-Per-View Automated Fee") or calling one of our Customer Service Centers ("Pay-Per-View Live Operator Fee").
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.
