10
11
Residential Customer Agreement, cont.
C. Programming Restrictions
. Certain Services (including, without limitation, some
subscription Services, sporting events and broadcast network Services) may be blacked out
in your viewing area without notice at any time and from time to time. In the event that you
circumvent or attempt to circumvent any blackout, then you may be subject to legal action.
In the event that you are receiving Services at a wagering location, then you are not eligible
to receive certain channels (including, without limitation,
Racetrack TV
). You may only order
or receive adult-oriented programming services in certain geographic areas and if you are at
least eighteen (18) years of age, or the applicable age of majority where you reside.
D. Changing Your Programming Selection
. In the event that you elect to change your
programming selection, then you must notify us and comply with all of the terms and
conditions specified in this Agreement and your applicable Promotion Agreement(s)
(including, without limitation, those terms and conditions that may prevent you from making
such changes under certain circumstances). A Programming Change Fee (as set forth in
Exhibit 1) may apply to such programming changes.
E. Ordering Pay-Per-View
. You may order DISH pay-per-view Services by calling
877-DISH-PPV (877-347-4778) and using our automated system, by visiting
dish.com/orderppv or by speaking with a live customer service representative. Except as
otherwise set forth below, provided that your receiver is properly connected to a land-based
telephone line or a broadband home network, then you may also use your remote control
and on-screen program guide to order pay-per-view Services through your television. In the
event that you are receiving Services and/or Equipment pursuant to a Promotion Agreement
that requires you to pay in full for all Services and/or Equipment prior to receiving such
Services and/or Equipment (each, a “Pre-Pay Promotion”), then you may only order
pay-per-view Services by calling 877-DISH-PPV (877-347-4778).
F. Accessing the Internet Through Your Receiver
. Some of our receivers can be used
to access third-party applications, websites and information via the Internet. DISH does
not have any control over such third-party applications, websites or information, and we do
not make any representations, warranties or guarantees as to the availability or content of
such third-party applications, websites or information, including, without limitation: (i) their
accuracy, availability, sequence, completeness, timeliness, copyright compliance, legality,
content, validity, or quality; or (ii) whether accessing them may result in the display of
unintended, inappropriate or objectionable content. We may change, limit, suspend, disable
and/or remove your ability to access the Internet using your receiver without notice at any
time and from time to time. We may also limit or restrict the applications, websites and/or
information that you may access via the Internet using your receiver without notice at any
time and from time to time.
G. Private, Non-Commercial Viewing Only
. We provide Services to you solely for
(i) private, non-commercial viewing, use and enjoyment by you, members of your household
and your guests and (ii) any other form of viewing permitted by the “
fair use
” or other
applicable provisions of the U.S. copyright laws or by DISH’s agreements with third parties.
You agree that no Services provided to you may be used for public or commercial viewing.
In the event that you use the Services for public or commercial viewing, then, without
limitation to any of our rights at law, in equity, under contract (including, without limitation,
this Agreement and your applicable Promotion Agreement(s)) or otherwise (all of which
are hereby expressly reserved): (1) we may disconnect your Services without notice at any
time; and (2) in addition to all other applicable prices, fees and charges, you agree to pay us
the difference between the price actually paid for the Services and the full, non-discounted
applicable price that DISH charges for public or commercial viewing of the Services.
H. Changes in Services, Features and Functionalities Offered
. We have the right to,
without notice at any time and from time to time (including, without limitation, during any
term commitment to which you have agreed), add, delete, rearrange, alter, change and/or
eliminate: (i) any and all prices, fees and/or charges; and/or (ii) packages, programming,
programming suppliers, services offered by suppliers, software, applications, features
and/or functionalities. In the event that we add, alter and/or change any prices, fees and/
or charges, then you agree to pay such added, altered, and/or changed prices, fees and/
or charges. In the event that we add, delete, rearrange, alter, change and/or eliminate any
packages, programming, programming suppliers, services offered by suppliers, software,
applications, features and/or functionalities, then you acknowledge and agree that we
have no obligation to replace or supplement such packages, programming, programming
suppliers, services offered by suppliers, software, applications, features or functionalities.
You further acknowledge and agree that you are not entitled to any credits, refunds, price
reductions or any other form of compensation because of any such addition, deletion,
rearrangement, alteration, change and/or elimination. You further acknowledge and agree
that such additions, deletions, rearrangements, alterations, changes and/or eliminations
are not a discretionary act by DISH if they are due, in whole or in part, to the termination,
suspension or expiration of DISH’s legal right to provide such packages, programming,
programming suppliers, services offered by suppliers, software, applications, features
or functionalities.
I. Promotional Offers and Items
. In the event that a third party, such as an independent
DISH retailer, integrator or private cable operator, offered you a promotional offer or item
in connection with your subscription to the Services and such promotional offer or item
is not offered by such third party at the direction of DISH, then such third party is wholly
responsible for fulfilling such promotional offer or providing such promotional item, and DISH
is not in any way responsible for such fulfillment.
Residential Customer Agreement, cont.
