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Appendix

110

Residential Customer Agreement

representations, warranties or guarantees as to the availability or content of such websites and information, including without

limitation: (i) the accuracy, availability, sequence, completeness, timeliness, copyright compliance, legality, content, validity, or

quality of any such websites or information; or (ii) whether using the software contained in such receivers may result in

accessing unintended, inappropriate or objectionable content. We may change, limit, suspend, disable and/or remove your

ability to access the Internet using your receiver at any time without notice. We may also limit or restrict the websites and

information that you may access on the Internet using your receiver at any time without notice.
H. Private Home Viewing Only. DISH Network provides Services to you solely for viewing, use and enjoyment in your private

home. You agree that no Services provided to you will be viewed in areas open to the public, commercial establishments or

other residential locations. Services may not be rebroadcast or performed, and admission may not be charged for listening to

or viewing any Services. If your Services are viewed in an area open to the public, a commerical establishment or another

residential location, we may disconnect your Services and, in addition to all other applicable fees, you must pay us the

difference between the price actually paid for Services and the full applicable rate for such Services, regardless of whether we

have the right to distribute such Services in such other location.
I. Changes in Services Offered. We may add, delete, rearrange and/or change any and all programming, programming

packages and other Services that we offer, as well as the prices and fees related to such programming, programming

packages and Services, at any time, including without limitation, during any term commitment period to which you have

agreed. If a change affects you, we will notify you of such change and its effective date. In the event that we delete, rearrange

or change any programming, programming packages or other Services, we have no obligation to replace or supplement such

programming, programming packages or other Services. You are not entitled to any refund because of a deletion,

rearrangement or change of any programming, programming packages or other Services.
J. Promotional Offers and Items. If a third party, such as an independent DISH Network retailer, integrator or private cable

operator, offered you a promotional offer or item in connection with your subscription to the Services, such third party is wholly

responsible for fulfilling such promotional offer or providing such promotional item, and DISH Network is not in any way

responsible for such fulfillment unless the promotional offer or item was offered with DISH Network’s prior authorization,

approval, permission or knowledge.

BILLING POLICIES; PAYMENTS FOR SERVICES; FEES

A. Payments. You agree to pay all amounts billed for Services, as well as all taxes, fees and other charges, if any, that are

now or may in the future be assessed in connection with any Services you receive from us, and any other charges due and

owing to us. State and local taxes or reimbursement charges for gross earnings taxes imposed on satellite providers for

transmission of programming in some states may apply. Unless you prepay for a multi-month subscription to Services or

prepay for all Services as required by your participation in a Pre-Pay Promotion, we will bill you monthly in advance for most

Services and in arrears for other Services such as pay-per-view ordered by you or anyone who uses your Equipment,

whether with or without your permission, until you cancel your Services. Multi-month subscription customers and Pre-Pay

Promotion customers will be billed based on your pre-pay period (multi-month subscriptions) or monthly (Pre-Pay Promotion

customers), and must make all payments in advance of the due date on your bill in order to continue receiving your Services;

you must also pre-pay for all other Services, such as pay-per-view, ordered by you or anyone who uses your Equipment,

whether with or without your permission.
B. Billing Policies. Your bills will show the total amount due, the payment due date, payments, credits, purchases and other

charges to your account. You may submit your payment by mail, on our website, through our AutoPay program, by calling a

DISH Network customer service representative, or by any other means that we designate. Partial payments will be applied

first to the oldest outstanding bill. You must make your payment regardless of whether you receive a bill. We do not assume

the risk of undelivered mail. If you send checks or money orders marked with a designation such as “payment in full,” we can

accept them without waiving any of our rights, including without limitation, our rights to collect any other amounts owed by

you, notwithstanding your characterization of such payment. DISH Network does not extend credit to our customers, and the

Late Payment Fee (as detailed in Exhibit 1) is not interest, a credit service charge or a finance charge. Certain fees and

charges may apply in certain circumstances to your payment for the Services, including without limitation, those expressly set

forth in Exhibit 1 attached hereto and incorporated herein by reference.
C. AutoPay and Paperless Billing. If you accept a promotion that requires you to sign up for and maintain AutoPay and/or

Paperless Billing and later discontinue AutoPay and/or Paperless Billing, then you may no longer be eligible for that

promotion and you may lose the promotional price.
D. Alterations to Payment Terms. If you paid for a monthly subscription (other than a Pre-Pay Promotion) and your account is

past due on more than one occasion, we may require that you pay for all Services and Equipment before you receive them

and you will be deemed to be receiving your Service under a Pre-Pay Promotion, at which point, all terms and conditions of

such Pre-Pay Promotion will apply to you. If you paid for a multi-month subscription to any Services and your account is past

due for any amount, we may convert your multi-month subscription to a monthly subscription, and we will first apply the

amount you paid for your multi-month subscription to any past due amounts and then to any obligations you incur in the

future.
E. Restarting your Services. If you do not pay your bill in full by its due date, or you at any time otherwise fail, neglect or

refuse to make timely payment for your Services, we may disconnect your Services, and in such event we will be wholly

relieved from any and all of our duties and obligations under this Agreement. If your Services are disconnected for non-

payment or any other reason, DISH Network may require that you pay, and you agree to pay, before we reconnect your

Services, all past due charges, a deposit equal to a minimum of one month of service charges, and all outstanding balances

accrued through the date of such disconnection. If your Services are disconnected for non-payment or any other reason, you

will no longer be eligible, even if you pay to restart your Service, to receive any remaining credits or promotional pricing that