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Residential Customer Agreement, cont.
6. CANCELLATION OF SERVICE
A. Continuation of Services
. Your subscription to Services will automatically continue
unless and until you cancel your Services or we disconnect your Services, in each case as
provided in this Agreement or in your applicable Promotion Agreement(s).
B. Cancellation Policies
. You may cancel your Services for any or no reason at any time
(including, without limitation, during any term commitment to which you have agreed) by
giving us notice of cancellation via the telephone number, Customer Service E-mail Address
or General Customer Service Mailing Address set forth in Section 1. In the event that
you cancel your Services, then you may be subject to certain prices, fees and/or charges
(including, without limitation, an Early Termination Fee) and you will continue to have
obligations with respect to the return of Equipment and certain other obligations as set forth
in this Agreement and your applicable Promotion Agreement(s). Any cancellation will be
effective no sooner than the date that DISH actually receives notice that has been provided
in accordance with this Agreement.
C. Disconnection of Services
. DISH will disconnect your Services in the event that
DISH determines that (i) you failed to pay any bill in full when it was due; (ii) you received
Services, or any part of the Services, without paying for them, whether through theft of
Services, piracy or otherwise; (iii) you encumbered the Equipment leased by us to you
pursuant to your applicable Promotion Agreement(s) (the “Leased Equipment”); (iv)
you assigned or attempted to assign any of your rights, duties or obligations under this
Agreement or your applicable Promotion Agreement(s); (v) you received Services through
a third-party billing representative and have become ineligible to receive applicable
services provided by such third-party billing representative; (vi) you filed for bankruptcy,
or bankruptcy proceedings were commenced against you; (vii) you otherwise violated the
terms and conditions of this Agreement or your applicable Promotion Agreement(s);
(viii) you harassed, abused, threatened or intimidated DISH’s employees, agents,
contractors or subcontractors; or (ix) you unnecessarily and/or excessively placed telephone
calls to DISH. In addition, DISH may disconnect your Services at any time (including,
without limitation, during any term commitment to which you have agreed) for any other or
no reason, except to the extent prohibited by law.
D. No Credits, Refunds, Price Reductions or Other Forms of Compensation
. In the
event that your Services are canceled or disconnected for any or no reason, then you
still must pay all unbilled and outstanding billed balances. Prices, fees and charges, once
charged to your account, are non-refundable, and no credits, refunds, price reductions
or any other form of compensation will be provided in connection with the cancellation
or disconnection of Services. In the event that you received discounted prices, fees or
charges in connection with a promotion, and you cancel your Services or we disconnect
your Services prior to the expiration of such promotion, then you will not be entitled to any
Residential Customer Agreement, cont.
credits, refunds, price reductions or any other form of compensation for the unused portions
of such discounted prices, fees or charges.
7. EQUIPMENT
A. Equipment
. In order to receive Services, you must purchase or lease certain reception
equipment consisting primarily of a DISH-compatible receiver(s) and applicable
Smart Card(s), remote control(s), satellite antenna(s) and low-noise block converter feed(s)
(LNBF) with integrated feed(s) (collectively, “Equipment”).
B. Additional Tuners and Receivers
. We may choose to allow you to place additional
receivers on your account. In the event that we allow you to do so, then each additional
receiver will be authorized to receive the same Services as your initial receiver, subject
to the limitations of your television equipment and Equipment. All of your receivers must
be located at the same residence and continuously connected to the same land-based
telephone line and/or broadband home network (with the exception of receivers connected
to portable antennas offered by DISH (e.g., Tailgater)). In the event that you wish to have
receivers at two (2) or more different residential locations, then you must open a separate
account for each location. You may not directly or indirectly use a single account for the
purpose of authorizing Services for multiple receivers that are not all located in the same
residential location and connected to the same land-based telephone line and/or broadband
home network. In the event that we determine that you used a single account for the
purpose of authorizing Services for multiple receivers that are not all located in the same
residential location and connected to the same land-based telephone line and/or broadband
home network, then we may disconnect your Services without notice at any time and, in
addition to all other applicable prices, fees and charges, you agree to pay us the difference
between the amounts actually received by us and the full, non-discounted applicable
price that DISH would have charged for the Services authorized for each receiver for the
appropriate number of separate accounts.
C. Smart Cards
. Receiver(s) are equipped with a conditional access card (“Smart Card”)
inserted into a slot or otherwise installed in such receiver. Not all receivers with a
Smart Card slot require a Smart Card for proper authorization. Smart Cards remain the
property of DISH at all times and must be returned to us upon cancellation or disconnection
of your Services, or sooner upon our request. Smart Cards are not transferable.
Your Smart Card will only work in the receiver to which it was assigned by DISH. In the
event that you report to our customer service center that your Smart Card is defective or
that your Smart Card has been lost, damaged or stolen, then we will replace it, unless there
is evidence of unauthorized tampering or modification; in such circumstances, a
Smart Card Replacement Fee (as set forth in Exhibit 1) will apply. In addition, in order to
minimize downtime for your Equipment, DISH will, upon your request, deliver a replacement
Smart Card to you via overnight delivery, in which case an Overnight Delivery Fee (as set
forth in Exhibit 1) will apply.
