Dish Network DuoDVR ViP 722k, Руководство пользователя

Страница: 162 / 171

152
Residential Customer Agreement
Appendix
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.
F. DAMAGES LIMITATION. NEITHER WE NOR OUR THIRD-PARTY BILLING AGENTS, NOR ANY OF OUR OR
THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO: DISH NETWORK EQUIPMENT OR
ANY OTHER EQUIPMENT; OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO
YOU; OR ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO
YOU.
8 . LEGAL COMPLIANCE; PIRACY AND INFRINGEMENT; TRADEMARKS; PUBLIC RIGHTS OF WAY
A. Piracy. Receiving any portion of the Services without paying for them and/or any direct or indirect act or attempted
act to engage or assist in any unauthorized interception or reception of any portion of the Services is a violation of
various U.S. federal and state laws and of this Agreement. The penalties for violating such laws can include
imprisonment and civil damage awards of up to $110,000 per violation.
B. Infringement. Section 605(e)4 of Title 47 of the United States Code 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 punished in the same manner. Investigative authority for
violations lies with the Federal Bureau of Investigation. The Equipment may incorporate copyright protection technology
that is protected by U.S. patents and/or other intellectual property rights. Use of such copyright protection technology
must be authorized by DISH Network or its suppliers or licensors, and is intended for home and other limited pay-per-
view uses only, unless otherwise authorized by DISH Network or its suppliers or licensors. Reverse engineering or
disassembly is prohibited.
9 . GENERAL
A. Notice. Any notice required or permitted to be given by us under this Agreement may be provided via the mail, on
your bill, as a bill insert, via broadcast on a television channel, through publication on the website set forth at the top of
this Agreement, by telephone, or by any other reasonable means. If we send you notice by mail, on your bill or as a bill
insert, it will be considered given the day after it is 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 at the top 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 at the top of this Agreement, and shall be deemed given when received by us at such
mailing address.