Appendix
1.THE DISH NETWORK SERVICE
A.Services Defined. DISH Network offers a wide variety of video and audio 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 the programming available on DISH Network (whether subscription based or pay per view based) and any other services that we may provide to consumers either now or in the future. For purposes of this Agreement the terms "You" or "Your" refer to you, the DISH Network subscriber.
B.Programming Changes. Except as otherwise set forth in this Agreement, 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, you may be charged a fee (Service Access Fee) if you fail to subscribe to one of DISH Network's basic programming packages which include America's Top 60, America's Top 120, America's Top 180, DISH Latino or DISH Latino Max.
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 Pay Per View. You may order DISH Network
A fee will apply for use of the automated system
E. Private Viewing. DISH Network provides Services to you for your private home viewing, use and enjoyment. You agree that the Services provided will not be viewed outside of your private residence. You are permitted to exhibit the Services solely in your private residence and not in any other areas. The Services may not be rebroadcast, transmitted, recorded or performed, nor may admission be charged for listening to or viewing any Services provided by us. If we later determine that you utilized your DISH Network Equipment (including any additional DISH Network receivers) or sold, leased or otherwise gave possession of the same to a third party who you knew or reasonably should have known intended to use it to permit the viewing of the Services in a commercial establishment or any other area open to the public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for the 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 termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.
F. Additional Receivers. DISH Network will allow you to place up to five additional receivers on your account. Each additional receiver would be authorized to receive the same Services as your initial receiver. Unless your receiver is rented from DISH Network in which case a monthly rental fee will apply, DISH Network will charge you a monthly Additional Outlet Programming Access Fee for each additional receiver added to your account. 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 the same telephone line. If you desire to receive Services at two different locations, you must open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing Services for multiple DISH Network receivers that are not all located in the same residence and connected to the same phone line. If we later determine that you did, we may terminate your Services and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price for the Services authorized for each DISH Network
Page 122