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Residential Customer Agreement
C. 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 EXPRESSLY
DISCLAIMED AND EXCLUDED.
D. IN NO EVENT SHALL WE, OUR THIRD PARTY BILLING AGENTS, OR ANY OF
OUR OR THEIR AFFILIATES HAVE ANY LIABILITY FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
DISH NETWORK EQUIPMENT OR ANY OTHER EQUIPMENT OR RESULTING FROM
OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO
YOU, OR FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR
EQUIPMENT FURNISHED TO YOU.
E. IT IS YOUR RESPONSIBILITY TO IMPOSE VIEWING RESTRICTIONS ON
YOURSELF, MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS
YOU DEEM APPROPRIATE. WE, OUR THIRD PARTY BILLING AGENTS, AND OUR
AND THEIR AFFILIATES SHALL HAVE NO LIABILITY TO ANYONE DUE TO, OR
BASED UPON, THE CONTENT OF ANY OF THE SERVICES FURNISHED TO YOU.
8. WARNING AGAINST PIRACY AND INFRINGEMENT
A. It is a violation of various U.S. federal and state laws to receive any Services, or any
portion of such Services, without paying for them. The penalties for violating such laws
can include imprisonment and civil damage awards of up to $110,000 per violation.
B. Title 47, Section 605(e)4, United States Code (U.S.C.) makes it a federal crime to
modify Equipment to receive encrypted (scrambled) television programming without
payment of required subscriptions. Conviction can result in a fine of up to $500,000 and
imprisonment for five years, or both. Any person who procures Equipment that has been
so modified is an accessory to that offense and may be punishable in the same manner.
Investigative authority for violations lies with the Federal Bureau of Investigation.
Equipment may incorporate copyright protection technology that is protected by U.S.
patents and other intellectual property rights. Use of such copyright protection technology
must be authorized by Macrovision, and is intended for home and other limited pay-per-
view uses only unless otherwise authorized by Macrovision. Reverse engineering or
disassembly is prohibited.
9. GENERAL
A. Physical Address/Change of Address. When setting up your DISH Network account,
you agree to provide us with the physical street address where your Equipment will be
located and your Services will be provided. A post office box does not constitute a
physical address and is not sufficient to meet this requirement. You agree to give us
prompt notice of your change of name, mailing address, physical address where your
Equipment is located, and telephone number. You may do this by notifying our Customer
Service Center by telephone or in writing at the phone number or mailing or e-mail
address set forth in the first paragraph of this Agreement.
B. Notice. Any notice required or permitted to be given by us under this Agreement may
be provided via the mail, on your billing statement, as a bill insert, via broadcast on a
television channel, through publication on the website set forth in the first paragraph of
this Agreement, by telephone or by any other reasonable means. If we send you notice
by mail, on your billing statement or as a bill insert, it will be considered given when
deposited in the U.S. Mail, addressed to you at your then-current billing address in our
records. If we send you notice via broadcast on a television channel or through
publication on the website set forth in the first paragraph of this Agreement, it will be
considered given when first broadcast or published. If we send you notice by telephone,
it will be considered given when personally delivered to you or when left as a message at
your then-current phone number in our records. Unless otherwise specified in this
Agreement, any notice required or permitted to be given by you under this Agreement
shall be in writing and shall be sent by first class mail addressed to us at the mailing
address set forth in the first paragraph of this Agreement, and shall be deemed given
when received by us at such mailing address.
C. Credit Checks. You authorize DISH Network to investigate your financial responsibility
and creditworthiness, including without limitation acquiring credit reports and histories,
and to report any payment defaults to credit reporting agencies. Under the Fair Credit
Reporting Act, you have the right to notify DISH Network if you believe we have reported
inaccurate information about your account to any consumer reporting agency. Please
include the specific item of dispute and why you believe the information reported is in
error in any such notice.