Dish Network Dish 322, User Manual

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Residential Customer Agreement
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5 . LEASED EQUIPMENT
A. Lease Terms. We may choose to lease certain Equipment to subscribers. Unless otherwise specified in
an applicable Package Plan Agreement(s), such Equipment (including without limitation, the LNBFs, but not
the satellite antenna), shall at all times remain the sole and exclusive property of DISH Network, and we may
provide or replace leased Equipment with new or reconditioned Equipment at any time, and upon
cancellation or disconnection of your Services, remove or require the return of such Equipment. No leased
Equipment provided to you by DISH Network shall be deemed fixtures or part of your real property. We may
make such filings and recordings that we may consider necessary to evidence our ownership rights in such
Equipment, and you agree to execute any and all documents that we may consider necessary for us to make
such filings. Our ownership of such Equipment may be displayed by notice contained on it. You have no right
at any time to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with
such Equipment, or to tamper with or alter any notice of our ownership on such Equipment. Any
reinstallation, return, or change in the location of such Equipment must be performed by DISH Network at
our then-current service rates. You shall not attach any electrical or other devices to, or in any way alter, any
such Equipment without our prior written consent. You are responsible for preventing the loss or destruction
of leased Equipment and we recommend that such Equipment be covered by your homeowners, renters or
other insurance policy.
B. Return of Leased Equipment. It is your responsibility to return all leased Equipment within thirty (30) days
following cancellation or disconnection of your Services. You must call 800-333-DISH (3474) to receive a
return authorization number and instructions regarding acceptable methods for returning the Equipment.
Options to return your Equipment include, but are not limited to, the use of a shipping label and empty box
provided by DISH Network by paying a Box Return Fee (as detailed in Exhibit 1) (which price is subject to
change at any time) or scheduling a DISH Network in-home service call to remove the Equipment by paying
a Service Call Fee (as detailed in Exhibit 1) charge (which price is subject to change at any time). Equipment
will not be deemed returned until received by DISH Network. If you do not return such Equipment
undamaged and in working order, normal wear and tear excepted, and in accordance with the procedures
set forth herein, then you are responsible and must pay us certain charges as described in the Package Plan
Agreement.
C. Defects and Damages. You must notify us immediately of any defect in, damage to, or accident involving
your leased Equipment. All maintenance and repair of such Equipment must be performed by us or our
designee(s). DISH Network may charge you for any repairs that are necessitated by any damage to, or
misuse of, such Equipment.
6 . TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT
You may not assign or transfer your Services without our written consent, which will not be unreasonably
withheld. Provided however, if you lease Equipment or your account has an outstanding balance, then the
withholding of consent to assign or transfer your Services shall not be deemed unreasonable.
7 . LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR
ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY INTERRUPTION IN ANY SERVICE OR
FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION: IF SUCH
INTERRUPTION, DELAY OR FAILURE TO PERFORM ARISES IN CONNECTION WITH THE
TERMINATION OR SUSPENSION OF DISH NETWORK'S ACCESS TO ALL OR ANY PORTION OF
SERVICES; THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT
SATELLITE(S); A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT; ANY SOFTWARE
OR OTHER DOWNLOADS INITIATED BY US; OR ANY ACTS OF GOD, FIRES, EARTHQUAKES,
FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY
GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
B. ALTERATIONS TO EQUIPMENT. NONE OF DISH NETWORK, ECHOSTAR OR OUR THIRD-PARTY
BILLING AGENTS, OR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ALTERATION
TO ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION, REMOVING OR DISABLING FEATURES
(SUCH AS THE ABILITY TO ACCESS THE INTERNET VIA A RECEIVER).
C. LOSS OF RECORDED MATERIAL. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS NOR
ANY OF OUR OR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS
OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING, INCLUDING WITHOUT
LIMITATION, ANY LOSS OR PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE,
DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.
D. NO WARRANTIES. 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 HEREBY EXPRESSLY
DISCLAIMED AND EXCLUDED.
E. CONTENT RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO IMPOSE ANY PROGRAMMING,
INTERNET OR OTHER CONTENT RESTRICTIONS ON YOURSELF, MEMBERS OF YOUR FAMILY AND
HOUSEHOLD, AND GUESTS, AS YOU DEEM APPROPRIATE. NONE OF DISH NETWORK, ECHOSTAR,
OUR THIRD-PARTY BILLING AGENTS, OR OUR AND THEIR AFFILIATES SHALL HAVE ANY LIABILITY
TO ANYONE DUE TO, OR BASED UPON, ANY CONTENT (INCLUDING WITHOUT LIMITATION, ANY
INACCURACIES, ERRORS IN OR OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN ANY OF
THE SERVICES FURNISHED TO YOU; OR (ii) ACCESSED USING THE SERVICES OR EQUIPMENT
FURNISHED TO YOU.