DISH Technologies J2 RF4CE Zigbee Radio User Manual User Guide

Echostar Technologies LLC RF4CE Zigbee Radio User Guide

User Guide

Download: DISH Technologies J2 RF4CE Zigbee Radio User Manual User Guide
Mirror Download [FCC.gov]DISH Technologies J2 RF4CE Zigbee Radio User Manual User Guide
Document ID3458593
Application IDL0WFnPgKSLY80S4pAWVKpA==
Document DescriptionUser Guide
Short Term ConfidentialNo
Permanent ConfidentialNo
SupercedeNo
Document TypeUser Manual
Display FormatAdobe Acrobat PDF - pdf
Filesize76.98kB (962244 bits)
Date Submitted2017-07-10 00:00:00
Date Available2018-01-06 00:00:00
Creation Date2017-05-26 10:47:03
Producing SoftwareAdobe Acrobat 10.1.16
Document Lastmod2017-06-29 20:06:34
Document TitleUser Guide
Document CreatorAdobe Acrobat 10.1.16
Document Author: marc.smith

RECEIVER SET UP GUIDE
1. Labeling Your Cables
Use the labels provided to complete this step. Do not remove any cables from the receiver being
replaced until Step 2.
a. Attach the blue label to the cable
connected to the “Home Video
Network” port.
b. You will either use an HDMI
cable or RCA cables as your
audio and video connection.
Attach the black label to the
cable connected to the“HDMI”
port or attach the orange label
to the cables connected to the
"Audio/Video" RCA ports.
1. Labeling Your Cables (Cont’d)
c. Attach the gray label to the cable
connected to the "Power" port.
POWER
CORD
POWER
CORD
2. Disconnecting Your Cables
a. Disconnect the cables from the receiver being replaced. Only disconnect the cables at
the end connected to the receiver. Do not disconnect the cables from the wall or TV.
Receiver
Wall
b. Disconnect the power cord from your receiver and wall. A new power cord was
shipped with your 4K Joey, which will be used to power your new receiver.
3. Connecting the Cables to Your 4K Joey
a. Connect the Home Video
Network cable to the “Home
Video Network” port on your
4K Joey.
b. Connect the HDMI cable or the
"Audio/Video" RCA cables from
the TV to the corresponding ports
on your 4K Joey.
3. Connecting the Cables to Your 4K Joey (Cont’d)
c. Connect the power cord that
came with your 4K Joey to the
"Power" port on your 4K Joey.
POWER
CORD
POWER
CORD
4. Powering Your Equipment
a. Make sure your TV power cord is
plugged into the wall outlet and
turn on your TV.
b. Plug the power cord from
your 4K Joey into a wall outlet.
c. Your screen should now display the
System Setup screen. If you do not
see this screen, confirm that you are
on the correct input for watching
DISH programming. Check the input
by pressing the Source/Input button
located on the side, back, or front of
your TV.
5. Downloading the 4K Joey software
a. Wait while the System Setup wizard
downloads your 4K Joey software.
This process will take approximately
20 minutes.
b. When the download is complete,
your 4K Joey will reboot
automatically.
6. Pairing Your Remote control
a. Press the SAT button on your remote
control to pair it to your 4K Joey.
XXXX XXX-XX
XXXX XXX-XX
b. Once your remote control is paired,
use your remote control to highlight
"Next"and then press the SELECT
button on your remote control.
7. Setting Your TV Configuration
a. Using your remote control, scroll to the
location where your 4K Joey is located
and press SELECT on your remote
control. Then, highlight "Next' and press
SELECT on your remote control.
b. Using your remote control, scroll to "4K"
and press SELECT on your remote control.
Then, highlight "Next" and press SELECT
on your remote control.
c. Using your remote control, highlight
"Keep" and then press SELECT on your
remote control to keep your TV display
configuration.
7. Setting Your TV Configuration (Cont’d)
d. Using your remote control, highlight
"Pair with Remote Control," and then
press the SELECT button on your
remote control.
e. Using your remote control, highlight
"TV PAIRING WIZARD" and then press
the SELECT button on your remote
control. The TV Pairing wizard will
now walk you through step-by-step
instructions to configure your TV to
work with your DISH remote control.
8. Testing Your 4K Joey Connectivity to the Internet
a. Wait while your 4K Joey tests the
internet connection. This process will
take 1-3 minutes to complete. When
complete, the System Setup wizard
will automatically proceed to the
next step.
b. Using your remote control, highlight
"Next" and then press the SELECT
button on your remote control.
9. Linking Your 4K Joey to Your Hopper
a. Using your remote control, highlight
the Hopper you would like to link to
and press the SELECT button. Once you
select your Hopper, use your remote
control to highlight "Next" and then
press the SELECT button.
b. Wait while your 4K Joey links to your
Hopper. If your 4K Joey cannot link to
your Hopper, check both receivers'
cable connections. Then, using your
remote control, highlight "Retry" and
then press the SELECT button on your
remote control.
c. Once "Linked" appears in the "Link Status"
field and "Strong" appears in the "Quality"
field, use your remote control to highlight
"Next" and then press the SELECT button
on your remote control.
10. Activating Your 4K Joey
a. Please call 1-800-333-DISH (3474)
to activate your 4K Joey. Have your
Receiver ID and Smart Card ID ready
for the DISH representative you
speak to.
b. Once your 4K Joey is activated, the
System Setup wizard will authorize
your 4K Joey. This process will take
10-15 minutes to complete. Once
complete, the System Setup wizard
will automatically proceed to the
next step.
c. To begin using your 4K Joey, use your
remote control to highlight "Watch TV"
and then press the SELECT button on
your remote control.
XXXX XXX-XX
XXXX XXX-XX
11. Return Your Original Receiver
If there is a Smart Card in your receiver do not remove it; a new Smart Card has been issued with
your new receiver. Do not pack any other equipment or attachments.
a. Pack your original receiver and
power cord and power supply
in the provided trays.
Your tray may appear different
than shown.
b. Place the receiver, power cord and
power supply in the box that the
new receiver came in.
A1Z*8463124
BILLING: P/P
(111) 555-5555
20126944
13 MELO DR
NORTH BANGOR NY 12966
PE
EL
SHIP
TO:
RET
1 LBS
NY 136 1-01
*44*
UPS 2ND DAY AIR
TRACKING #:
1Z *** *** ** **** *** *
A1Z*8463124
BILLING: P/P
CUE 9.5 SCL412 96.5A 10/2009
CUE 9.5 SCL412 96.5A 10/2009
LIFT
3. Peel and Apply Return Label to Box
3. Peel and Apply Return Label to Box
NY 136 1-01
*44*
1Z *** *** ** **** *** *
1. Remove Shipping Label Here
(800) 894-9131
DISH NETWORK
525 DUNNETT COURT
SPARTANBURG SC 29303
2. Turn Label Over
(111) 555-5555
20126944
13 MELO DR
NORTH BANGOR NY 12966
UPS 2ND DAY AIR
TRACKING #:
TO RETURN EQUIPMENT TO DISH NETWORK
LIFT
2. Turn Label Over
SHIP
TO:
RET
1 OF 1
NS
URHERE
1 LBS
NS
URHERE
1. Remove Shipping Label Here
(800) 894-9131
DISH NETWORK
525 DUNNETT COURT
SPARTANBURG SC 29303
HE
RE
AN
TO RETURN EQUIPMENT TO DISH NETWORK
c. Locate the original shipping label on
the box and remove it using the red
tab. Continue to Step 11d.
11. Return Your Original Receiver(Cont’d)
1 LBS
(800) 894-9131
DISH NETWORK
525 DUNNETT COURT
SPARTANBURG SC 29303
PEEL HERE AND APPLY RETURN SHIPPING LABEL
EA
ND
1 LBS
ER
(111) 555-5555
20126944
13 MELO DR
NORTH BANGOR NY 12966
LH
SHIP
TO:
PE
d. Turn the original label over and
peel off the yellow return shipping
label to expose the adhesive.
TRACKING #:
1Z *** *** ** **** *** *
SC 293 9-05
*44*
AY AIR
Z *** *** ** **** *** *
A1Z*8463124
A1Z*8463
BILLING: P/P
DESC: RETURN
RETURN SERVICE
REF1: XXXXXXXX
REF2: XXXXXX
BILLING: P/P
CUE 9.5 SCL412 96.5A 10/2009
e. Apply the yellow return label to
the top of the box and seal the
box.
1 OF 1
OURT
RG SC 29303
NY 136 1-01
*44*
UPS 2ND DAY AIR
RS
BURG SERVICE CENTER
REQTYPE: AE
QTY: 1
(111) 555-5555
SERVICE SPARTANBURG SERVICE CENTER
525 DUNNET COURT
SPARTANBURG SC 29303
SHIP
TO:
1 LBS
RS
ORD: XXXXXXXX
DOC: XXXXXXX
SN:RREJXXXXXXXXX
PN: XXXXXX
RA: XXXXXXXX
DEL: XXXXXXXX
1 OF 1
(111) 555-5555
SERVICE SPARTANBURG SERVICE CENTER
NULL
525 DUNNET COURT
SPARTANBURG SC 29303
SC 293 9-05
*44*
UPS 2ND DAY AIR
TRACKING #: 1Z *** *** ** **** *** *
f. Copy the RA and UPS tracking
numbers for your record.
A1Z*8463124
BILLING: P/P
DESC: RETURN
RETURN SERVICE
REF1: XXXXXXXX
REF2: XXXXXX
REQTYPE: AE
QTY: 1
ORD: XXXXXXXX
DOC: XXXXXXX
SN:RREJXXXXXXXXX
PN: XXXXXX
RA: XXXXXXXX
DEL: XXXXXXXX
UPS tracking
number
RA number
g. Return the removed receiver at the nearest UPS dropoff location. To find the location
nearest you or to schedule a pick-up at your cost, visit ups.com/dropoff.
www.dish.com/chat
Select “Chat Now” for assistance
Call our 24/7 Toll Free
customer service:
1-800-333-DISH (3474)
DN007048
Vist us at:
IMPORTANT
PRODUCT
INFORMATION
Table of Contents
Warning and Attention Symbols
Warning and Attention Symbols............................................................. 1
This document provides various instructions. If you perform some of these
instructions carelessly, you could injure or kill yourself or damage equipment
or property. Instructions that require your special attention are indicated by the
following symbols:
Important Safety Instructions.................................................................. 2
California Proposition 65 Warning.......................................................... 4
Limited Warranty.................................................................................... 5
DISH Exchange Programs..................................................................... 7
Residential Customer Agreement........................................................... 8
DISH Network L.L.C. Privacy Notice.................................................... 32
FCC Compliance.................................................................................. 41
Agreement on Internet Usage.............................................................. 43
If You Need Help.................................................................................. 44
The lightning-flash-with-arrowhead symbol within an equilateral
triangle is intended to alert the user to the presence of uninsulated
“dangerous voltage” within the product’s enclosure that may be of
sufficient magnitude to constitute a risk of electric shock to persons.
The exclamation point within an equilateral triangle is intended
to alert the user to the presence of important operating and
maintenance (servicing) instructions in the literature accompanying
the appliance.
The Class II equipment symbol means that the equipment has
additional insulation and does not need to be grounded.
Software Notice.................................................................................... 44
DISH Recycling.................................................................................... 44
Copyright Notice................................................................................... 45
For Your Safety
Warning: Do not try to open the case of the apparatus. There is risk
of electrical shock, which may cause damage to the apparatus and/
or personal injury or death to you. There are no user-serviceable
parts inside the apparatus. Opening the case of the apparatus or
making unauthorized changes will void the warranty.
Warning: To reduce the risk of fire or electric shock, do not expose
this appliance to rain or moisture.
Important Safety Instructions
Important Safety Instructions, cont.
You must be aware of safety when you install and use the apparatus:
18 No objects, including flame sources such as lit candles, should be placed on
10
11
12
13
14
15
16
17
Read these instructions.
Keep these instructions.
Heed all warnings.
Follow all instructions.
Do not use the apparatus near water.
Clean the apparatus only with a dry cloth.
Do not block any ventilation openings on the apparatus.
Install the apparatus in accordance with the manufacturer’s instructions.
Do not install the apparatus near any heat sources, such as radiators, heat
registers, stoves, or other apparatus (including amplifiers) that produce heat.
Do not defeat the safety purpose of the polarized or grounding-type plug. A
polarized plug has two blades, with one wider than the other. A grounding-type
plug has two blades and a third grounding prong. The wide blade or third prong
are provided for your safety. If the provided plug does not fit into your outlet,
consult an electrician for replacement of the obsolete outlet.
Protect the power cord from being walked on or pinched, particularly at plugs,
convenience receptacles, and the point where they exit from the apparatus.
Only use attachments/accessories specified by the manufacturer.
Only use with the cart, stand, tripod, bracket, or table
specified by the manufacturer, or sold with the apparatus.
When a cart is used, use caution when moving the
cart/apparatus combination to avoid injury from tip-over.
Refer all servicing to qualified service personnel. Servicing
is required when the apparatus has been damaged in any
way, such as the power supply cord or plug is damaged,
liquid has been spilled or objects have fallen into it, the
apparatus has been exposed to rain or moisture, does not
operate normally, or has been dropped.
The power plug must be readily accessible so that the apparatus can be easily
disconnected from AC power.
Unplug the apparatus during lightning storms or when unused for long periods
of time.
The apparatus is still connected to AC power whenever it is plugged in to a
live power outlet, even if it is turned off using the remote control or front panel
buttons.
the apparatus.
19 The apparatus shall not be exposed to dripping or splashing, and no objects filled
with liquids, such as vases, shall be placed on the top of it.
20 Only use the power supply provided with the apparatus. Unplug the apparatus
power cord by gripping the power plug, not the cord.
21 Do not overload wall outlets or extension cords; this can result in a risk of fire or
electrical shock.
22 Never insert objects of any kind into the apparatus through openings, as the
23
24
25
26
27
28
29
objects may touch dangerous voltage points or may short-out parts. This could
cause fire or electrical shock.
Do not locate the antenna near overhead light or power circuits, or where it can
fall into such power lines or circuits. When installing the antenna, take extreme
care to avoid touching such power lines or circuits, as contact with them can
be fatal.
Do not attempt to service the apparatus yourself, as opening or removing covers
may expose you to dangerous voltage and will void the Limited Warranty. Refer
all servicing to authorized service personnel.
Unplug the apparatus from the AC power outlet before cleaning.
Do not place the apparatus in an enclosure, such as a cabinet, without proper
ventilation.
Do not install the apparatus in any area where the temperature can be less than
40°F or more than 113°F. If the apparatus is cold to the touch, do not plug it in
immediately. Let it sit unplugged at room temperature for at least 45 minutes
before plugging it in.
Use an outlet that contains surge suppression or ground-fault protection.
When installing equipment, unplug everything that will be connected to the
coaxial network prior to making any connections. During an electrical storm
or when the apparatus is left unattended and unused for long periods of time,
unplug the power cord from the wall outlet for everything connected to the coaxial
network, disconnect the satellite input and coaxial cable lines from the receiver,
and if connected, disconnect your Ethernet or broadband connection. These
actions provide additional protection against damage caused by lightning or
power-line surges.
Tighten all coaxial cable connections only by hand. If you use a wrench, you may
overtighten the connections and damage the equipment.
Important Safety Instructions, cont.
Limited Warranty
Proper Care of Your Equipment
This Limited Warranty is a legal document. Keep it in a safe place. Remember to
retain your Bill of Sale for warranty service! Any items returned without a copy of the
Proof of Purchase will be considered out of warranty.
• Always handle the apparatus carefully. Excessive shock and vibration can
damage it.
• If the equipment is turned on and needs to be moved, unplug the equipment and
let it sit for at least 30 seconds before moving it.
• The use of accessories or attachments not recommended by the apparatus
manufacturer voids the Limited Warranty.
• Do not stack the apparatus on top of or below other electronic devices, as this can
cause heat buildup and vibration.
• Do not expose the remote control batteries to excessive heat or fire.
• On some TVs, the presence of fixed images for extended periods of time may
cause them to be permanently imprinted on the screen. Consult your TV user
guide for information on whether this is a problem for your TV, what operating/
viewing restrictions apply to avoid this problem, and associated TV warranty
coverage.
Note to Antenna Installer: This reminder is provided to call
the antenna installer’s attention to the National Electrical Code®
(NEC), which provides guidelines for proper bonding and
grounding of antennas and their associated cabling.
California Proposition 65 Warning
WARNING – This product and installation materials can expose
you to chemicals including Bisphenol A and Antimony trioxide,
which are known to the State of California to cause cancer, birth
defects or other reproductive harm.
For more information, go to www.P65Warnings.ca.gov.
What the Warranty Covers
This warranty extends only to the original user of the equipment and is limited to
the purchase price of each part. DISH Network L.L.C. and its affiliated companies
(“DISH”) warrant this system against defects in materials or workmanship as follows:
• Labor: For a period of one (1) year from the original date of purchase, if DISH
determines that the equipment is defective subject to the limitations of this
warranty, it will be replaced at no charge for labor. DISH warrants any such work
done against defects in materials or workmanship for the remaining portion of the
original warranty period.
• Parts: For a period of one (1) year from the original date of purchase, DISH
will supply, at no charge, new or remanufactured parts in exchange for parts
determined to be defective subject to the limitations of this warranty. DISH
warrants any such replacement parts against defects in materials or workmanship
for the remaining part of the original warranty period. Note: “Parts” means items
included in this package, which may include the satellite dish assembly, receiver,
LNBF, remote control, power supply, or dish mounting hardware. It does not
include other parts purchased separately.
What the Warranty Does Not Cover
This warranty does not cover installation of the system. If applicable, such installation
will be warrantied under a separate installation agreement.
This warranty does not cover consumer instruction, physical setup or adjustment of
any consumer electronic devices, remote control batteries, signal reception problems,
loss of use of the system, or unused programming charges due to system malfunction.
This warranty does not cover cosmetic damage, damage due to lightning, electrical
or telephone line surges, battery leakage, fire, flood, or other acts of Nature, accident,
misuse, abuse, repair or alteration by other than authorized factory service, use of
accessories not recommended by the receiver manufacturer, negligence, commercial
or institutional use, or improper or neglected maintenance.
This warranty does not cover equipment sold AS IS or WITH ALL FAULTS, shipping
and handling, removal or reinstallation, shipping damage if the equipment was not
packed and shipped in the manner prescribed, nor equipment purchased, serviced, or
operated outside the continental United States of America.
Limited Warranty, cont.
Legal Limitations
REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS YOUR EXCLUSIVE REMEDY. DISH
NETWORK SHALL NOT BE HELD LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
FOR BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY ON THIS SYSTEM, NOR FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO
USE, THIS SYSTEM. SOME STATES MAY LIMIT OR EXCLUDE THE FOREGOING LIMITATION, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. EXCEPT TO THE EXTENT
PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DISH NETWORK’S
LIABILITY, IF ANY, EXCEED THE PURCHASE PRICE PAID FOR THIS SYSTEM. ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS
SYSTEM IS LIMITED IN DURATION TO THE PERIOD OF THIS WARRANTY. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DISH NETWORK RESERVES THE RIGHT TO
REFUSE TO HONOR THIS WARRANTY IF DISH NETWORK DETERMINES ANY OF THE ABOVE
EXCEPTIONS TO HAVE CAUSED THIS SYSTEM NOT TO HAVE PERFORMED PROPERLY. THIS
WARRANTY SHALL BE VOID IF ANY FACTORY-APPLIED IDENTIFICATION MARK, INCLUDING
BUT NOT LIMITED TO SERIAL OR CONDITIONAL ACCESS NUMBERS, HAS BEEN ALTERED OR
REMOVED. THIS WARRANTY SHALL ALSO BE VOID IF THE RECEIVER HAS BEEN OPENED BY AN
UNAUTHORIZED PERSON.
If You Need Assistance
DISH Exchange Programs
DISH offers two options if you need to replace your satellite receiver equipment or its
accessories.
Advance Exchange Program
The Advance Exchange Program allows you to have replacement equipment shipped
immediately to you (depending upon where you live, it could take three to five business days).
Along with replacement equipment, you will receive a prepaid shipping label and instructions
on how to return the defective equipment. The shipping charge, for receiving replacement
equipment and returning the defective equipment, is a one-time fee based on DISH’s
competitive bulk shipping rates (additional charges may apply outside of the continental US).
This fee will be charged to your billing account or your valid credit card. If you do not ship
the defective equipment to DISH within ten days after receiving the replacement, your billing
account or credit card will be charged the market price of the replacement. If you return the
defective equipment after ten days, you will receive a full refund, less an administrative fee.
If your equipment is out of warranty and can be repaired, your billing account or credit card will
be charged the standard repair fee for the replacement. If damage to the defective equipment
is found, which DISH in its sole discretion determines has voided the warranty or makes the
equipment unrepairable, your billing account or credit card will be charged the market price of
the replacement.
1. C
 all the Customer Service Center at 1-800-333-DISH (3474). Have the date of purchase
Post Receipt Exchange Program
2. A
 Customer Service representative will assist you. If the Representative determines
that you should return any equipment, you will be directed to call a Return Authorization
representative. Before shipping any equipment, you must talk to a Return Authorization
representative and must obtain a Return Authorization (RA) number.
If the defective equipment is covered under this warranty, a replacement will be shipped back
to you at no additional cost (additional charges may apply outside the continental US).
and either your customer account number, the receiver conditional access number, or the
receiver model number ready. Display the System Info screen to find these numbers.
3. Y
 ou will be given the appropriate address for which to return your equipment. Whether
under warranty or not, you will be responsible for the cost of shipping back the defective
equipment. For faster service, see the Advance Exchange Program on the next page.
4. R
 eturned equipment must be packaged properly, using either the original shipping materials
or the packaging in which the replacement equipment is shipped. Include a copy of the Bill
of Sale. Any items returned without a copy of the Proof of Purchase will be considered out
of warranty. Follow the instructions given to you by the Customer Service representative.
5. W
 rite the RA number in large, clearly visible characters on the outside of the shipping
box that you use to return the equipment. To avoid confusion and misunderstandings,
shipments without an RA number clearly visible on the outside of the box will be returned to
you at your expense.
You may choose to ship the equipment to us at your cost. To provide faster service, upon
receipt of your equipment you will be shipped a replacement. Your original equipment will not
be available for return.
If your equipment is not covered under warranty and can be repaired your billing account
or credit card will be charged the standard repair fee for the replacement. If damage to the
defective equipment is found, which DISH in its sole discretion determines has voided the
warranty, or makes the equipment unrepairable, your billing account or credit card will be
charged the market price of the replacement.
Accessory Warranty
An accessory is any DISH-branded equipment displaying the DISH logo, excluding the
receiver, cables and hookups, and non-mechanical components. A one-year warranty
becomes effective upon the activation of the DISH system or date of purchase, if bought
separately. A proof of purchase is required to verify the purchase date. If an accessory has an
expired warranty, no exchange will be issued. You may purchase replacement accessories
from DISH or your local retailer.
Residential Customer Agreement
Residential Customer Agreement, cont.
To view this Residential Customer Agreement (this “Agreement”) in Spanish, please
visit dish.com/legal or call us at 800-333-DISH (800-333-3474) and we will send you
a copy. Para ver este acuerdo en español por favor visite dish.com/legal o llame all
888-599-DISH (888-599-3474) y le enviaremos una copia.
TO TIME UPON NOTICE TO YOU (INCLUDING, WITHOUT LIMITATION, BY PUBLISHING
A CHANGED AGREEMENT TO DISH.COM/LEGAL OR OTHER WEBSITE) AND, FOR
THE AVOIDANCE OF DOUBT, SUCH CHANGED AGREEMENT WILL BE EFFECTIVE
IMMEDIATELY UPON NOTICE TO YOU.
1. DISH CUSTOMER SERVICE CONTACT INFORMATION
3. YOUR ACCEPTANCE OF THIS AGREEMENT
DISH is delighted to answer any questions that you may have (including questions regarding
billing, installation, equipment and service) and to provide you with technical and other
customer support. You may contact us twenty-four (24) hours a day, any day of the year:
IN THE EVENT THAT YOU ARE A NEW DISH CUSTOMER, THEN YOUR ACTIVATION OF
A DISH ACCOUNT OR RECEIPT OF SERVICES OR EQUIPMENT SHALL CONSTITUTE
YOUR ACCEPTANCE OF THIS AGREEMENT.
Telephone Number: 			
800-333-DISH (800-333-3474)
Customer Service E-mail Address:
care@dish.com
IN THE EVENT THAT YOU ARE AN EXISTING DISH CUSTOMER, THEN YOUR
CONTINUED RECEIPT OF SERVICES OR EQUIPMENT FOLLOWING NOTICE TO YOU
OF A CHANGE TO THIS AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF
SUCH CHANGED AGREEMENT. EXCEPT AS OTHERWISE SET FORTH IN SECTION
4(H) AND SECTION 12, IN THE EVENT THAT YOU ARE AN EXISTING DISH CUSTOMER
AND DO NOT WISH TO ACCEPT ANY CHANGED AGREEMENT, THEN YOU MUST
IMMEDIATELY SEND A NOTICE TO US AT THE LEGAL DISPUTE RESOLUTION
ADDRESS AND WE WILL, AT OUR OPTION, EITHER DISCONNECT YOUR SERVICES
OR ALLOW YOU TO CONTINUE TO RECEIVE YOUR SERVICES UNDER THE
PREVIOUS VERSION OF THIS AGREEMENT.
General Customer Service Mailing Address:
DISH NETWORK L.L.C.
					CUSTOMER SERVICE CENTER
				P.O. BOX 9033
				LITTLETON, CO 80160-9033
Legal Dispute Resolution Notice Address:
DISH NETWORK L.L.C.
					ATTN: DISPUTE RESOLUTION
					P.O. BOX 9040			
					LITTLETON, CO 80120-9040
Website: 				
dish.com
Do not contact us at the address to which you mail your payments, as that address is for a
payment processing center operated by a third party. You must send all Dispute Resolution
Notices (as defined in Section 12(C)) and any notice of election to opt-out of Section 12, to
the Legal Dispute Resolution Notice Address set forth above.
2. SCOPE OF THIS AGREEMENT
For purposes of any agreement(s) applicable to the promotion(s) and plans(s) under which
you are receiving Services (as defined below) and/or Equipment (as defined below) from
DISH (each, a “Promotion Agreement”) and this Agreement: (i) “you” and “your” refer to
you, the DISH subscriber; and (ii) “DISH,” “we,” “us” and “our” refer to DISH Network L.L.C.
(formerly known as EchoStar Satellite L.L.C.) or, where applicable under the particular
circumstances, third-party billing representatives.
THIS AGREEMENT, TOGETHER WITH YOUR APPLICABLE PROMOTION
AGREEMENT(S), SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH
DISH WILL PROVIDE SERVICES AND EQUIPMENT TO YOU. THIS AGREEMENT IS
EFFECTIVE UNTIL WE CHANGE IT. YOU ACKNOWLEDGE AND AGREE THAT WE MAY
CHANGE ALL OR ANY PORTION OF THIS AGREEMENT AT ANY TIME AND FROM TIME
SUBJECT TO CERTAIN EXCEPTIONS SET FORTH IN THIS AGREEMENT, THIS
AGREEMENT REQUIRES THE USE OF MANDATORY AND BINDING ARBITRATION
ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS THAT TERM IS DEFINED IN
SECTION 12(B)), RATHER THAN, AMONG OTHER THINGS, JURY TRIALS OR CLASS
ACTIONS (SEE SECTION 12).
4. SERVICES
A. Services Defined. “Services” means any and all video, audio, data, Internet, interactive
and other programming services and all other services that are available now or in the future
from DISH (whether subscription, pay-per-view or otherwise).
B. Minimum Programming Levels. In the event that your applicable Promotion
Agreement(s) requires specific minimum programming, then you must subscribe to
such programming. Otherwise, you must subscribe to one (1) or more of the following
programming packages: (i) Welcome Pack, DishLATINO Básico, DISH America or another
programming package approved by DISH; or (ii) an international package approved by
DISH plus one of the following: International Basic Package or Chinese Basic Package.
We may change such minimum programming requirements without notice at any time and
from time to time. In the event that you subscribe to Racetrack TV but do not subscribe
to applicable minimum programming, then a Service Access Fee (as set forth in Exhibit 1
attached hereto and incorporated herein by reference) will apply.
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
C. Programming Restrictions. Certain Services (including, without limitation, some
subscription Services, sporting events and broadcast network Services) may be blacked out
in your viewing area without notice at any time and from time to time. In the event that you
circumvent or attempt to circumvent any blackout, then you may be subject to legal action.
In the event that you are receiving Services at a wagering location, then you are not eligible
to receive certain channels (including, without limitation, Racetrack TV). You may only order
or receive adult-oriented programming services in certain geographic areas and if you are at
least eighteen (18) years of age, or the applicable age of majority where you reside.
G. Private, Non-Commercial Viewing Only. We provide Services to you solely for
(i) private, non-commercial viewing, use and enjoyment by you, members of your household
and your guests and (ii) any other form of viewing permitted by the “fair use” or other
applicable provisions of the U.S. copyright laws or by DISH’s agreements with third parties.
You agree that no Services provided to you may be used for public or commercial viewing.
In the event that you use the Services for public or commercial viewing, then, without
limitation to any of our rights at law, in equity, under contract (including, without limitation,
this Agreement and your applicable Promotion Agreement(s)) or otherwise (all of which
are hereby expressly reserved): (1) we may disconnect your Services without notice at any
time; and (2) in addition to all other applicable prices, fees and charges, you agree to pay us
the difference between the price actually paid for the Services and the full, non-discounted
applicable price that DISH charges for public or commercial viewing of the Services.
D. Changing Your Programming Selection. In the event that you elect to change your
programming selection, then you must notify us and comply with all of the terms and
conditions specified in this Agreement and your applicable Promotion Agreement(s)
(including, without limitation, those terms and conditions that may prevent you from making
such changes under certain circumstances). A Programming Change Fee (as set forth in
Exhibit 1) may apply to such programming changes.
E. Ordering Pay-Per-View. You may order DISH pay-per-view Services by calling
877-DISH-PPV (877-347-4778) and using our automated system, by visiting
dish.com/orderppv or by speaking with a live customer service representative. Except as
otherwise set forth below, provided that your receiver is properly connected to a land-based
telephone line or a broadband home network, then you may also use your remote control
and on-screen program guide to order pay-per-view Services through your television. In the
event that you are receiving Services and/or Equipment pursuant to a Promotion Agreement
that requires you to pay in full for all Services and/or Equipment prior to receiving such
Services and/or Equipment (each, a “Pre-Pay Promotion”), then you may only order
pay-per-view Services by calling 877-DISH-PPV (877-347-4778).
F. Accessing the Internet Through Your Receiver. Some of our receivers can be used
to access third-party applications, websites and information via the Internet. DISH does
not have any control over such third-party applications, websites or information, and we do
not make any representations, warranties or guarantees as to the availability or content of
such third-party applications, websites or information, including, without limitation: (i) their
accuracy, availability, sequence, completeness, timeliness, copyright compliance, legality,
content, validity, or quality; or (ii) whether accessing them may result in the display of
unintended, inappropriate or objectionable content. We may change, limit, suspend, disable
and/or remove your ability to access the Internet using your receiver without notice at any
time and from time to time. We may also limit or restrict the applications, websites and/or
information that you may access via the Internet using your receiver without notice at any
time and from time to time.
10
H. Changes in Services, Features and Functionalities Offered. We have the right to,
without notice at any time and from time to time (including, without limitation, during any
term commitment to which you have agreed), add, delete, rearrange, alter, change and/or
eliminate: (i) any and all prices, fees and/or charges; and/or (ii) packages, programming,
programming suppliers, services offered by suppliers, software, applications, features
and/or functionalities. In the event that we add, alter and/or change any prices, fees and/
or charges, then you agree to pay such added, altered, and/or changed prices, fees and/
or charges. In the event that we add, delete, rearrange, alter, change and/or eliminate any
packages, programming, programming suppliers, services offered by suppliers, software,
applications, features and/or functionalities, then you acknowledge and agree that we
have no obligation to replace or supplement such packages, programming, programming
suppliers, services offered by suppliers, software, applications, features or functionalities.
You further acknowledge and agree that you are not entitled to any credits, refunds, price
reductions or any other form of compensation because of any such addition, deletion,
rearrangement, alteration, change and/or elimination. You further acknowledge and agree
that such additions, deletions, rearrangements, alterations, changes and/or eliminations
are not a discretionary act by DISH if they are due, in whole or in part, to the termination,
suspension or expiration of DISH’s legal right to provide such packages, programming,
programming suppliers, services offered by suppliers, software, applications, features
or functionalities.
I. Promotional Offers and Items. In the event that a third party, such as an independent
DISH retailer, integrator or private cable operator, offered you a promotional offer or item
in connection with your subscription to the Services and such promotional offer or item
is not offered by such third party at the direction of DISH, then such third party is wholly
responsible for fulfilling such promotional offer or providing such promotional item, and DISH
is not in any way responsible for such fulfillment.
11
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
5. BILLING POLICIES; PAYMENTS FOR SERVICES; FEES
D. Alterations to Payment Terms. In the event that your account is past due on more
than one (1) occasion, then we may at any time 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.
A. Payments. You agree to pay all prices, fees and/or charges billed for Services, as well
as all taxes that are now or in the future assessed in connection with any Services that you
receive from us. You acknowledge and agree that such prices, fees and/or charges may
include, without limitation, reimbursement charges for certain taxes and/or governmental
fees imposed on DISH and/or one or more of its affiliates. Unless you prepay for all Services
as a Pre-Pay Promotion customer, we will bill you monthly in advance for most Services
and in arrears for other Services (including, without limitation, pay-per-view ordered by
you or anyone who uses your Equipment). In the event that you are a Pre-Pay Promotion
customer, then you will be billed on a monthly basis and you must make all payments on
or before the due date on your bill in order to continue receiving Services; you must also
pre-pay for all other Services (including, without limitation, pay-per-view ordered by you or
anyone who uses your Equipment). For the avoidance of doubt, you are responsible for and
agree to pay for all prices, fees and charges for pay-per-view Services ordered by anyone
who uses your Equipment, even if you did not authorize such persons to order such
pay-per-view Services using your Equipment.
B. Billing Policies. Your bills will show the total amount due, the payment due date,
payments, credits, refunds, purchases, prices, fees and charges to your account. You may
submit your payment by mail, on our website, through our automatic payment program,
by calling a DISH customer service representative or by any other means that we may
designate from time to time. 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. In the event that you send checks or money orders
marked with a designation such as “payment in full,” then we may accept them without
waiving any of our rights (including, without limitation, our right to collect any other amounts
owed by you), notwithstanding your characterization of such payment. DISH does not
extend credit to customers, and the Late Payment Fee (as set forth in Exhibit 1) is not
interest, a credit service charge or a finance charge. Certain prices, fees and/or charges
may apply in certain circumstances to your payment for Services and/or Equipment
(including, without limitation, those set forth in Exhibit 1).
C. eAutoPay. In the event that you accept a promotion that requires you to sign up for
and maintain paperless billing and automatic payment (known, as of March 1, 2016, as
eAutoPay, and any other name by which the same or similar promotions may be known in
the future), and you fail to maintain paperless billing and automatic payment, then you may
lose the promotional benefits related to such promotion.
12
E. Restarting Your Services. In the event that 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 or any other payments under this Agreement or your applicable Promotion
Agreement(s) as and when due, then we may disconnect your Services without notice at
any time, and in such event we will be wholly relieved from any and all of our duties and
obligations under this Agreement and your applicable Promotion Agreement(s). In the event
that your Services are disconnected for non-payment or any other reason, then before we
reconnect your Services, DISH may require that you pay, and you agree to pay:
(i) all past-due prices, fees and charges; (ii) all outstanding prices, fees and charges
accrued through the date of such disconnection; and (iii) a deposit equal to a minimum of
one month of prices, fees and charges for the Services and other services that you received
prior to disconnection. In the event that your Services are disconnected for non-payment
or any other reason, then, even if you pay to restart your Service, you will no longer be
eligible to receive any credits, refunds, price reductions or any other form of compensation,
including, without limitation, any remaining credits, refunds, price reductions or any other
form of compensation that you would have been eligible to receive had your Services not
been disconnected. Unless required by applicable law, deposits will not be segregated from
other funds and will not earn or accrue interest. Promotional pricing is valid only at the time
of installation.
F. Billing Errors. You must pay all prices, fees and charges set forth in any bill by the due
date of such bill, or among other things, you will be subject to a Late Payment Fee
(as set forth in Exhibit 1). All payments for Services must be made directly to us, unless we
authorize otherwise. DISH shall have no obligation to provide Services for which payment is
made to a third party, unless we agree otherwise.
G. Billing Representative Payment Terms. In the event that we authorize a
third-party billing representative (including, without limitation, a telephone company) to bill
you for Services and/or Equipment, then different or additional payment and billing terms,
conditions, options, prices, fees and charges may apply.
H. Early Termination Fees. Depending on your applicable Promotion Agreement(s), you
may incur prices, fees and/or charges in the event that your Services are canceled or
disconnected before the expiration of a term commitment or downgrading your programming
below any applicable minimum programming requirement during a term commitment (each,
an “Early Termination Fee”). Please reference your applicable Promotion Agreement(s) for
details regarding any Early Termination Fee that may apply.
13
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
6. CANCELLATION OF SERVICE
credits, refunds, price reductions or any other form of compensation for the unused portions
of such discounted prices, fees or charges.
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
14
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.
15
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
D. DVR. DISH’s digital video recorder (“DVR”) functionality allows you to record
programming in digital format. Total available recording time varies depending on your
receiver and the nature of the programs being recorded. DISH does not guarantee access
to or recording of any particular programming or that any such programming will not
be deleted from your DVR. Some programming is the copyrighted material of the third
party that supplies it, is protected by copyright and other applicable laws and may not be
reproduced, published, rebroadcast, rewritten or redistributed without the written permission
of the third party that supplied it (except as permitted by the “fair use” or other applicable
provisions of the U.S. copyright laws) or by DISH’s agreements with such third parties.
H. Software License. Subject to the terms and conditions of this Agreement and your
applicable Promotion Agreement(s), you are licensed to use the software provided in your
receiver(s), as updated by DISH, its licensors and/or its suppliers without notice at any
time and from time to time, solely in executable code form, solely in conjunction with lawful
operation of the receiver(s) that you purchased or leased, and solely for the purposes
permitted under this Agreement and your applicable Promotion Agreement(s). You may
not copy, modify or transfer any software provided in your receiver(s), or any copy of such
software, in whole or in part. You may not reverse-engineer, disassemble, decompile
or translate such software, or otherwise attempt to derive its source code, except to the
extent allowed under any applicable laws. You may not rent, lease, load, resell for profit or
distribute any software provided in your receiver(s), or any part thereof. Such software is
licensed, not sold, to you for use only under the terms and conditions of this license, and
DISH, its licensors and its suppliers reserve all rights not expressly granted to you. Except
as stated above, this license does not grant to you any intellectual property rights in the
software provided in your receiver(s). Any attempt to transfer any of the rights, duties or
obligations of this license is null and void. In the event that you breach any term or condition
of this license, then this license will automatically terminate.
E. Telephone/Broadband Connection. To optimize the operation of your Equipment,
you must continuously connect each receiver on your account to the same land-based
telephone line or broadband home network. Failure to connect each receiver to the same
land-based telephone line or broadband home network may result in interruption or
disconnection of Services. We may charge you a TV2 Receiver Connection Fee (as set forth
in Exhibit 1) for each dual tuner receiver that is not connected to a land-based telephone
line or broadband home network.
F. Receiver Alterations. DISH may, without notice at any time and from time to time,
through periodic downloads or by other means, add, delete, rearrange, alter, change and/
or eliminate the software, applications, features and/or functionalities in (or accessed
or received through) your receivers; provide data and content to products with DVR
functionality; store and remove data and content on the hard drives of products with DVR
functionality; and send electronic counter-measures to your receivers without notice at
any time and from time to time (including, without limitation, during any term commitment
to which you have agreed). DISH will use commercially reasonable efforts to schedule
these downloads (or by other means) to minimize interference with or interruption to your
Services, but, you acknowledge and agree that DISH shall have no liability to you for any
interruptions in Services arising out of, relating to or in connection with such downloads (or
other means). DISH may, without notice at any time and from time to time, cease supporting
one or more receiver models. In the event that we add, delete, rearrange, alter, change and/
or eliminate the software, applications, features and/or functionalities of a receiver or cease
supporting your receiver model, then you further acknowledge and agree that you are not
entitled to any credits, refunds, price reductions or any other form of compensation because
of any such addition, deletion, rearrangement, alteration, change and/or elimination.
G. Proprietary Components and Software. Receivers and Smart Cards contain
components and software that are proprietary to DISH and its licensors. You agree that
you will not try to reverse-engineer, decompile, disassemble, tamper with or modify, any
software or hardware contained within any receiver or Smart Card. Such actions are strictly
prohibited and may result in the disconnection of your Services and/or legal action.
16
I. Stolen Equipment. In the event that any of your Equipment is stolen or otherwise
removed from your premises without your authorization, then you must notify our customer
service center by telephone or in writing (via the telephone number, Customer Service
E-mail Address or General Customer Service Mailing Address set forth in Section 1)
immediately, but in any event not later than three (3) business days after such theft or
removal, to avoid liability for payment for unauthorized use of your Equipment. You will not
be liable for unauthorized use of your Equipment that occurs after we have received
your notification.
8. LEASED EQUIPMENT
A. Lease Terms. We may choose to lease certain Equipment to subscribers. Unless
otherwise specified in this Agreement or your applicable Promotion Agreement(s),
Leased Equipment shall at all times remain the sole and exclusive property of DISH, and
we may, without notice at any time and from time to time, replace Leased Equipment with
new or reconditioned Leased Equipment, and upon cancellation or disconnection of your
Services, remove or require the return of such Leased Equipment. The satellite antenna
and mounting hardware (but not the LNBF) are your fixtures, are not Leased Equipment and
should not be returned to DISH. None of the Leased Equipment (or any portion thereof) will
be deemed a fixture or part of your real property. We may make such filings and recordings
that we may consider necessary to evidence our ownership rights in Leased Equipment,
and you agree to execute any and all documents that we may consider necessary for us
to make such filings. Our ownership of Leased Equipment may be displayed by notice
contained on it.
17
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
You have no right at any time to pledge, sell, mortgage, otherwise encumber, give away,
alter or tamper with Leased Equipment, to remove or relocate Leased Equipment from your
residence or to tamper with or alter any notice of our ownership on such Leased Equipment.
Any removal or relocation of such Leased Equipment from your residence must be
performed consistent with our instructions or by DISH or our designee(s) at our then-current
service rates. You may not attach any electrical or other devices to, or in any way alter, any
Leased Equipment without our prior written consent. You are responsible for preventing the
loss or destruction of Leased Equipment and we recommend that Leased Equipment be
covered by your homeowners, renters or other insurance policy.
IN THE EVENT THAT YOU DECLINE TO HAVE DISH OR OUR DESIGNEE(S) PERFORM
AN IN-HOME SERVICE CALL TO REMOVE THE LEASED EQUIPMENT AND YOU ELECT
TO REMOVE THE LEASED EQUIPMENT, THEN YOU ASSUME ALL RISKS ASSOCIATED
WITH THE REMOVAL OF THE LEASED EQUIPMENT (INCLUDING, WITHOUT
LIMITATION, FALL HAZARDS RELATED TO THE REMOVAL OF THE LNBF(S)).
B. Return of Leased Equipment. You must return all Leased Equipment in good operating
condition, normal wear and tear excepted, within thirty (30) days following cancellation or
disconnection of your Services or disconnection of your Leased Equipment. In the event
that you acquired the Leased Equipment from a retailer, then you must return all Leased
Equipment to: (i) your original retailer, in the event that such cancellation or disconnection of
your Services or disconnection of your Leased Equipment occurs during the first
thirty (30) days following your initial activation of programming; or (ii) DISH, in the event
that such cancellation or disconnection of your Services or disconnection of your Leased
Equipment occurs after such thirty (30) day period. You are responsible for and shall
bear all costs, expenses and risk of returning the Leased Equipment, including, without
limitation, risk of loss during shipment. You are not responsible under the terms and
conditions of this Agreement for the return of equipment other than the Leased Equipment.
Following cancellation or disconnection of your Services or disconnection of your Leased
Equipment (unless you acquired the Leased Equipment from a retailer and the cancellation
or disconnection of your Services or disconnection of your Leased Equipment occurs
during the first thirty (30) days following your initial activation of programming and you
returned Leased Equipment to such retailer within thirty (30) days following cancellation or
disconnection of your Services or disconnection of your Leased Equipment), DISH will send
you one or more return labels and empty boxes (depending on your Leased Equipment) to
be used by you in returning the Leased Equipment and DISH will charge you a Box Return
Fee (as set forth in Exhibit 1) for each such return label and empty box. You also have the
option of contacting DISH by calling the telephone number set forth in Section 1
(i.e., 800-333-DISH (800-333-3474)) to request that DISH or our designee(s) perform an
in-home service call to remove the Leased Equipment at DISH’s then-current in-home
service call rate (may not be available in all areas; geographic restrictions apply). Leased
Equipment will not be deemed returned until received by DISH. In the event that you do
not return such Leased Equipment undamaged and in working order, normal wear and tear
excepted, and in accordance with the procedures set forth in this Agreement, then you are
responsible for, and must pay us, certain prices, fees and charges as described in your
applicable Promotion Agreement(s).
18
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 Leased
Equipment must be performed by us or our designee(s). In addition to any applicable
Service Call Fee (as set forth in Exhibit 1), DISH may charge you for any repairs that are
necessitated by any damage to, or misuse of, Leased Equipment.
9. TRANSFER OF SERVICES OR EQUIPMENT
You may not assign or transfer your Services or Equipment without our written consent,
which will not be unreasonably withheld. For the avoidance of doubt, in the event that you
lease Equipment or your account has an outstanding balance, then the withholding of
consent to assign or transfer your Services or Equipment shall be deemed reasonable.
10. LIMITATION OF OUR LIABILITY
A. INTERRUPTIONS AND DELAYS. YOU ACKNOWLEDGE AND AGREE THAT
NONE OF THE RELEASED PARTIES (AS DEFINED BELOW) WILL BE LIABLE FOR
ANY INTERRUPTION IN ANY SERVICE OR FOR ANY DELAY OF PERFORMANCE,
INCLUDING, WITHOUT LIMITATION, IN THE EVENT THAT SUCH INTERRUPTION OR
DELAY ARISES IN CONNECTION WITH ANY OF THE FOLLOWING:
(i) THE TERMINATION OR SUSPENSION OF DISH’S ACCESS TO ALL OR ANY
PORTION OF SERVICES; (ii) THE RELOCATION OF ALL OR ANY PORTION OF THE
SERVICES TO DIFFERENT SATELLITE(S); (iii) A CHANGE IN THE SOFTWARE,
APPLICATIONS, FEATURES AND/OR FUNCTIONALITIES AVAILABLE WITH YOUR
EQUIPMENT; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US; (v) ANY
ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE,
SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY; OR (vi)
ANY CAUSE BEYOND OUR REASONABLE CONTROL. “RELEASED PARTIES” MEANS
DISH, DISH’S PAST AND PRESENT AFFILIATES (INCLUDING, WITHOUT LIMITATION,
DISH NETWORK CORPORATION AND ITS DIRECT AND INDIRECT SUBSIDIARIES
AND ECHOSTAR CORPORATION AND ITS DIRECT AND INDIRECT SUBSIDIARIES),
DISH’S THIRD-PARTY VENDORS AND BILLING REPRESENTATIVES, AND THE
PREDECESSORS, SUCCESSORS AND ASSIGNS OF ALL OF THE FOREGOING
PERSONS AND ENTITIES, AND THE PAST AND PRESENT OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, SHAREHOLDERS AND LEGAL
REPRESENTATIVES OF ALL OF THE FOREGOING PERSONS AND ENTITIES.
19
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
B. ALTERATIONS TO EQUIPMENT. NONE OF THE RELEASED PARTIES WILL
BE LIABLE FOR ANY ALTERATION TO ANY EQUIPMENT, INCLUDING, WITHOUT
LIMITATION, REMOVING OR DISABLING SOFTWARE, APPLICATIONS, FEATURES
AND/OR FUNCTIONALITIES.
11. PIRACY AND INFRINGEMENT
C. LOSS OF RECORDED MATERIAL. NONE OF THE RELEASED PARTIES WILL BE
LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL OR
THE FAILURE OF RECORDING, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR
FAILURE 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, NONE OF THE RELEASED PARTIES MAKES ANY
WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING YOUR DISH 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 AND OTHER CONTENT RESTRICTIONS (INCLUDING,
WITHOUT LIMITATION, PARENTAL CONTROLS) ON YOURSELF, MEMBERS OF
YOUR FAMILY AND HOUSEHOLD AND GUESTS, AS YOU DEEM APPROPRIATE.
NONE OF THE RELEASED PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER
TO ANYONE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH, 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. IN THE EVENT THAT ANY OF THE RELEASED PARTIES
ARE DETERMINED TO BE LIABLE TO YOU, THEN THE RELEASED PARTIES WILL
BE LIABLE TO YOU ONLY FOR YOUR DIRECT DAMAGES. AND IN NO EVENT WILL
THE RELEASED PARTIES BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE
PRICES, FEES AND CHARGES PAID BY YOU TO THE RELEASED PARTIES. NONE
OF THE RELEASED PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES.
20
A. Piracy. Receiving all or 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 all or 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 for required subscriptions. Conviction can result in a fine of up to $500,000,
imprisonment for five (5) 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 other intellectual property rights. Reverse engineering and/or disassembly
is prohibited.
12. DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION
AND CLASS ACTION WAIVER
A. Mandatory and Binding Arbitration. In the event that you or we have a Dispute
(as defined below) that cannot be resolved through informal dispute resolution pursuant
to Section 12(C), then you and we agree (unless you opt out of Section 12 in accordance
with Section 12(H)) to resolve such Dispute in an individual action, either through binding
arbitration or in small claims court, instead of in courts of general jurisdiction.
You acknowledge and agree that, in the event that you or DISH commences an individual
action in small claims court in accordance with Section 12 and it is determined that the
applicable small claims court cannot adjudicate such individual action (e.g., such small
claims court lacks jurisdiction over such individual action), then such Dispute may only
be resolved through an arbitration proceeding pursuant to Section 12. Arbitration is more
informal than a lawsuit in court. Arbitration means that you will have a fair hearing before
a neutral arbitrator rather than before a judge or jury in a court. Arbitrators can award the
same damages that a court can award. Proceeding in arbitration may result in limited
discovery and is subject to limited review by courts. Arbitration means that you waive your
right to a trial by a jury or a trial by a judge (other than in small claims court). Any arbitration
under this Agreement will take place on an individual basis; class arbitrations and class or
representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU
AND DISH ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A
TRIAL BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT) AND THE RIGHT TO
PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE
CAPACITY. You and DISH also each agree that this Agreement evidences a transaction
in interstate commerce and, thus, that the Federal Arbitration Act (the “FAA”) governs the
21
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
interpretation and enforcement of this provision. Nothing in this Agreement precludes you
from bringing issues to the attention of federal, state or local agencies (including, without
limitation, the Federal Communications Commission). Such agencies can, in the event that
the law allows, seek relief against us on your behalf.
D. Arbitration Procedures. Unless you and DISH agree otherwise in writing, the arbitration
will be governed by the then-current Consumer Arbitration Rules (collectively, the
“AAA Rules”) of the American Arbitration Association (“AAA”) excluding any rules for class
or collective actions, as modified by this Agreement, and will be administered by the AAA
and conducted before a single, neutral arbitrator. The AAA Rules are available online at
the AAA’s website (as of August 7, 2015, www.adr.org), by calling the AAA (as of August 7,
2015, 1-800-778-7879) or by submitting a written request to the Legal Dispute Resolution
Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040,
Littleton, Colorado 80120-9040). The arbitration will be held at a location in the county of
your billing address then appearing in our records unless you and we both agree to another
location or a telephonic or “desk” arbitration (i.e., an arbitration conducted solely on the
basis of written submissions by the participants). The arbitrator will be bound by the terms
and conditions of this Agreement, including, without limitation, DISH’s and your waiver of the
right to a trial by jury or a trial by a judge (other than in small claims court) and the right to
participate in a class action or to bring a claim in a representative capacity.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive
authority to adjudicate the merits of any Dispute. In the event that you and/or DISH elect to
submit a Dispute to arbitration pursuant to Section 12, then the party initiating arbitration
must open a case by filing with the AAA: (i) a demand for arbitration; (ii) the administrative
filing fee; and (iii) a copy of the applicable arbitration agreement (i.e., Section 12)—
collectively, the “Demand for Arbitration”). The filing may be made through “AAA WebFile,”
located on the AAA’s website (www.adr.org), or by filing the Demand for Arbitration with any
AAA office, regardless of the intended locale of any hearing.
B. Dispute Defined. The term “Dispute” means, subject to the exceptions set forth in
Section 12(K), any and all past, present or future disputes, claims or controversies between
you and DISH, whether based in contract, statute, regulation, ordinance, tort (including,
without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other
intentional tort) or any other legal or equitable theory, and includes, without limitation, the
validity, enforceability and/or scope of Section 12. The term “Dispute” is to be given the
broadest possible meaning that will be enforced and includes, without limitation, any and all
claims between you and DISH in any way arising out of, relating to or in connection with:
(i) this Agreement and your applicable Promotion Agreement(s); (ii) DISH’s services
(including, without limitation, Services); (iii) DISH’s devices or products (including, without
limitation, Equipment); (iv) billing, collection and credit reporting; (v) telephone calls, texts,
faxes and e-mails that you claim you received from DISH and/or a party acting or purporting
to act on DISH’s behalf; and/or (vi) DISH’s and/or its agents’ collection, retention and/or
disclosure of personally identifiable information. For purposes of Section 12 only, “DISH,”
“we,” “us,” or “our” means DISH Network L.L.C., DISH Network Corporation and its past
and present direct and indirect subsidiaries, and the predecessors, successors and assigns
of all of the foregoing persons and entities, and the past or present officers, directors,
employees, partners, agents, attorneys, shareholders and legal representatives of all of the
foregoing persons and entities.
C. Informal Dispute Resolution; Notice and Opportunity to Cure. You and DISH agree
to first try to resolve any Dispute informally. Accordingly, neither you nor DISH may start an
individual action, either through binding arbitration or in small claims court, for at least
sixty (60) calendar days after you or DISH notifies the other of a Dispute by sending a
written document titled “dispute resolution notice” (each, a “Dispute Resolution Notice”).
You may, but are not required to, download a form Dispute Resolution Notice at
http://www.dish.com/downloads/legal/dispute-resolution-notice.pdf. You must send your
Dispute Resolution Notice to the Legal Dispute Resolution Notice Address (i.e., DISH
Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040),
and we must send our Dispute Resolution Notice to your billing address then appearing in
our records. The Dispute Resolution Notice must: (i) state your name, account number and
contact information; (ii) describe the nature and basis of the Dispute; and (iii) set forth the
specific relief sought in connection with the Dispute. In the event that you and DISH do not
reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute
Resolution Notice is received, then you or DISH may commence an individual action, either
through binding arbitration or in small claims court, in accordance with Section 12.
22
E. The Arbitrator’s Award. An arbitrator’s award will consist of a written statement of the
disposition of each Dispute and a concise written statement of the essential findings and
conclusions on which the award is based. The arbitrator’s decision and award are final and
binding, subject only to the limited court review permitted under the FAA, and judgment on
the award may be entered in any court of competent jurisdiction.
F. Costs of Arbitration. In the event that you initiate arbitration and agree that you will
receive less than $75,000 in damages, then, after DISH receives notice that you have
initiated arbitration, DISH will promptly reimburse you for your payment of the filing fee and
DISH will directly pay the AAA any case management fees associated with the arbitration
and the professional fees for the arbitrator’s services. However, in the event that you initiate
an arbitration in which you seek $75,000 or more in damages, then the payment of these
fees will be governed by the AAA Rules.
23
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
G. Class Action Waiver. NEITHER YOU NOR DISH SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR
ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT
LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE (as defined
above). Further, unless both you and DISH agree otherwise in writing, the arbitrator may
not consolidate more than one (1) person’s claims, and may not otherwise preside over any
form of a representative or class proceeding. In the event that any portion of this
Section 12(G) is found to be unenforceable, then the entirety of Section 12 shall be null
and void.
(including, without limitation, e-mail address or social media (e.g., Facebook, Twitter)
identifier) then appearing in our records; and (c) in the event that we send you notice via
broadcast on a television channel, or on your receiver(s) (including, without limitation,
through pop-up messages sent to your receiver) or through publication on dish.com,
mydish.com, dish.com/legal or other website, then it will be considered given when first
broadcast, sent or published.
H. Right to Opt Out. In the event that you do not wish to be bound by Section 12, then
you must notify DISH in writing within thirty (30) days following the date that we first give
you notice of your right to elect to opt out of Section 12 by: (i) completing the Opt Out
Form located at http://www.dish.com/downloads/legal/arbitration-opt-out.pdf and sending
it to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute
Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040); or (ii) otherwise providing
written notification to DISH at the Legal Dispute Resolution Notice Address that includes:
(1) your name and account number; (2) your service address; and (3) a clear statement that
you do not wish to resolve Disputes with DISH through arbitration. Your decision to opt out
of Section 12 will have no adverse effect on your relationship with DISH or DISH’s delivery
of Service(s) to you. Any opt-out not received within the thirty (30) day period set forth
above will not be valid and you must pursue your Disputes (if any) as an individual action,
either through binding arbitration or in small claims court, pursuant to and in accordance
with Section 12 (excluding this Section 12(H), which in such event will no longer apply).
In the event that you are a new DISH customer, then your activation of a DISH account or
receipt of Services or Equipment and failure to notify DISH in writing within thirty (30) days
following the date of activation of your account shall constitute your acknowledgment and
agreement that you are bound by Section 12. In the event that you are an existing DISH
customer, then your continued receipt of Services or Equipment and failure to notify DISH
in writing within thirty (30) days following the date that we first give you notice of your right
to elect to opt out of Section 12 shall constitute your acknowledgment and agreement that
you are bound by Section 12. We will be deemed to have given you notice of your right to
elect to opt out of Section 12 as follows: (a) in the event that we send you notice by U.S.
mail (including, without limitation, on a mailed bill, bill insert, notice, letter or postcard), then
it will be considered given three (3) days after it is first deposited in the U.S. mail, addressed
to you at your billing address then appearing in our records; (b) in the event that we send
you notice electronically (including, without limitation, via an e-mail, electronic bill, social
media message or attachment), then it will be considered given at the time we first send
an electronic communication containing such notice or notifying you of the availability of
such notice (or the electronic bill in which it is included) to the electronic contact information
24
I. Miscellaneous. Notwithstanding any provision in this Agreement to the contrary, in the
event that DISH makes any future change to Section 12 (other than a change to the Legal
Dispute Resolution Notice Address), then you may reject any such future change as follows:
(i) in the event that we elect to provide notice of such change, then by sending written notice
to DISH at the Legal Dispute Resolution Notice Address of your rejection of such change
within thirty (30) days following the date that we first give you our notice; or (ii) in the event
that we elect not to provide notice of such change, then by sending written notice to DISH
at the Legal Dispute Resolution Notice Address of your rejection of such change at any
time. By rejecting any future change, you are agreeing that you will resolve any Dispute
between you and DISH in accordance with the unmodified language of Section 12, unless
you have previously opted out of Section 12 in a timely manner. Except as otherwise set
forth in Section 12 or under applicable law, each of you and DISH shall bear and be solely
responsible for its respective attorneys’ fees, costs and expenses incurred in connection
with any Dispute.
J. Expenses Outside of Arbitration. Except as otherwise expressly set forth in this
Agreement, in the event that either party files a judicial or administrative action asserting
a claim that is subject to arbitration (other than an individual action in small claims court)
and the other party successfully compels arbitration, then the party filing that judicial or
administrative action must pay the other party’s costs and expenses incurred in seeking to
compel arbitration (including, without limitation, reasonable attorneys’ fees, expenses and
court costs).
K. Exceptions. The following Disputes are excluded from Section 12 (including, without
limitation, the informal dispute resolution provision set forth in Section 12(C)) and may only
be decided by a court of competent jurisdiction: (i) any Dispute based on your receipt of all
or any portion of the Services without paying for them, whether through theft of Services,
piracy or otherwise; and (ii) any Dispute based on a violation of the Communications Act of
1934, 47 U.S.C. § 1201 et seq., or the Electronic Communications Privacy Act, 18 U.S.C. §§
2510-2521 et seq., or any federal or state law relating to signal theft or theft of service.
L. Survival. Section 12 shall survive expiration or earlier termination of this Agreement for
any reason or no reason indefinitely.
25
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
13. GENERAL
to DISH, including, without limitation, any mobile telephone number(s). You acknowledge
and agree that you do not need to provide a mobile telephone number to receive Services.
For the avoidance of doubt, with respect to any land-based telephone number(s) that you
provide to DISH, you acknowledge and agree that DISH and its affiliates, and its and their
third-party representatives, may contact you by any means not prohibited by applicable law
(including, without limitation, an automated dialing or prerecorded messaging system) with
offers, solicitations and promotions, except as prohibited by applicable law.
A. Notice. Except as otherwise provided by Section 12, any notice that we are required or
permitted to give under this Agreement may be given via U.S. mail, electronically (including,
without limitation, via an e-mail, electronic bill or social media message), on your bill, as
a bill insert, via broadcast on a television channel, on your receiver(s) (including, without
limitation, through pop-up messages sent to your receiver), through publication on dish.com,
mydish.com, dish.com/legal or other website, by telephone, or by any other reasonable
means. In the event that we give you notice by U.S. mail (including, without limitation, on a
mailed bill, bill insert, notice, letter or postcard), then it will be considered given
three (3) days after it is first deposited in the U.S. mail, addressed to you at your billing
address then appearing in our records. In the event that we give you notice electronically
(including, without limitation, via an e-mail, electronic bill, social media message or
attachment), then it will be considered given at the time we first send an electronic
communication containing such notice or notifying you of the availability of such notice
(or the electronic bill in which it is included) to the electronic contact information (including,
without limitation, e-mail address or social media (e.g., Facebook, Twitter) identifier) then
appearing in our records. In the event that we give you notice via broadcast on a television
channel, or on your receiver(s) (including, without limitation, through pop-up messages sent
to your receiver) or through publication on dish.com, mydish.com, dish.com/legal or other
website, then it will be considered given when first broadcast, sent or published. In the
event that we give you notice by telephone, then it will be considered given when personally
delivered to you or when left as a message at your telephone number then appearing 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 DISH Network L.L.C., Customer Service Center, P.O. Box 9033, Littleton,
CO 80160-9033, and shall be deemed given when received by us at such mailing address.
B. Physical Address/Change of Address. When setting up your DISH account, you
must provide us with the physical address where your Equipment will be located and your
Services will be provided. A post office box does not meet this requirement. You must give
us immediate notice of any change of name, mailing address, e-mail address, telephone
number, physical address where your Equipment is located or other contact information.
You may do this by notifying us at the telephone number, Customer Service E-mail Address
or General Customer Service Mailing Address set forth in Section 1.
C. Consent to Call Your Telephone Number. You authorize DISH and its affiliates, and its
and their third-party representatives, to contact you: (i) regarding your account;
(ii) to recover any unpaid portion of any obligation to DISH or its affiliates; and/or (iii) for any
other purpose not prohibited by applicable law. In each case, such contact may be made
by any means not prohibited by applicable law (including, without limitation, an automated
dialing or prerecorded messaging system) at the telephone number(s) that you provide
26
D. Account Information. In the event that you have an online account with us, then you
are responsible for maintaining the confidentiality of your account username and password
and for all activities that occur under your account username and/or password. You must:
(i) keep your account username and password confidential and not share them with anyone
else (including, without limitation, any person claiming to be a DISH customer service
representative); and (ii) immediately notify us of any unauthorized use of your password
and/or account username or other breach of security. You can only be sure you are
speaking with DISH when you place a telephone call to the telephone number set forth in
Section 1 or posted on dish.com, or utilize DISH’s online customer service chat at
mydish.com/chat.
E. Third-Party Billing Representatives. We may enter into relationships with third parties
to provide billing and other services on our behalf, in which case the terms and conditions
of this Agreement shall apply to such third parties as applicable under the circumstances.
Additional terms and conditions imposed by our third-party billing representatives may
apply. For example and without limitation: (i) late fees and charges imposed by our
third-party billing representatives may be administered according to our third-party billing
representative’s billing procedures and applicable state tariffs and regulations; (ii) our
third-party billing representatives may require that you pay all past-due prices, fees
and charges for Services, a restart price, fee or charge and/or a prepayment before
we reconnect your Services; and (iii) other services provided by our third-party billing
representatives (including, without limitation, local telephone service) may need to be
restored before Services can be restored, and a restoral fee and/or deposit may be required
to restore third-party billing representative services. Partial payments on third-party billing
representative bills may be applied first to the balance due for other services billed on
your third-party billing representative bill (including, without limitation, telephone service)
according to the third-party billing representative’s billing procedures and applicable state
statutes and regulations. Please contact your third-party billing representative for details.
Failure to pay all or any part of your third-party billing representative bill may result in
disconnection of Services. In the event that your account is assigned by us to a third-party
billing representative, then we will provide you notice of such assignment.
27
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
F. Credit Checks. You authorize DISH 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. Such credit checks may require
you to provide DISH with your Social Security number. Under the Fair Credit Reporting Act,
you have the right to notify DISH in the event that you believe we have reported inaccurate
information about your account to any credit reporting agency. You may do this by notifying
us at the Customer Service E-mail Address or General Customer Service Mailing Address
set forth in Section 1. Please include in any such notice: (i) your name and account number;
(ii) your service address; and (iii) a description of why you believe we have reported
inaccurate information about your account to any credit reporting agency.
Promotion Agreement(s) will not be affected by such alteration, and shall remain in full force
and effect.
G. Applicable Law. This Agreement and all matters relating to its validity, construction,
performance and enforcement, and any claim, complaint or dispute (including, without
limitation, any Dispute) arising out of, relating to or in connection with any aspect of this
Agreement, the Services or the Equipment shall be governed by the laws and regulations of
the State of Colorado without giving effect to its conflict of law provisions.
H. Remedies Cumulative. The rights and remedies provided under this Agreement to
DISH in case of your default or breach of this Agreement are cumulative and without
prejudice to any other rights and remedies that DISH may have by reason of such default
or breach at law, in equity, under contract (including, without limitation, this Agreement and
your applicable Promotion Agreement(s)) or otherwise (all of which are hereby expressly
reserved).
I. Waiver. DISH’s failure to exercise or delay in exercising any of its rights at law, in equity,
under contract (including, without limitation, this Agreement and your applicable Promotion
Agreement(s)) or otherwise (all of which are hereby expressly reserved) will not operate
as a waiver by DISH of such rights. DISH will not be deemed to have waived any of its
rights at law, in equity, under contract (including, without limitation, this Agreement and your
applicable Promotion Agreement(s)) or otherwise unless such waiver is in writing.
In the event that DISH waives any of its rights pursuant to this Agreement in one instance,
then such waiver will not be deemed a continuing waiver and will not preclude DISH from
exercising such rights in another instance.
K. Other Policies. You agree that you will comply with all policies related to this Agreement,
your applicable Promotion Agreement(s), your Services and/or your Equipment, including,
without limitation, any and all applicable privacy notices (which are available at
dish.com/legal). You acknowledge and agree that the use of your Services and/or
Equipment is subject to each such policy.
L. Other. No salesperson, installer, customer service representative, authorized retailer, or
other similarly situated individual is authorized to change or override this Agreement or your
applicable Promotion Agreement(s). DISH may, however, change this Agreement without
notice at any time and from time to time. The terms and conditions of this Agreement and
your applicable Promotion Agreement(s) that either are expressly stated to survive or by
their nature would logically be expected to survive its expiration or termination will continue
thereafter. This Agreement is in addition to any other written agreement(s), if any, between
you and DISH (including, without limitation, your applicable Promotion Agreement(s))
and except as provided to the contrary in this Agreement, all such written agreements
shall remain in full force and effect. Except as expressly set forth in this Agreement to
the contrary, this Agreement replaces and supersedes any and all prior DISH Residential
Customer Agreements in their entirety, and such prior DISH Residential Customer
Agreements shall be of no further force or effect whatsoever. In the event of any ambiguity
between this Agreement and your applicable Promotion Agreement(s), then DISH shall have
the sole and exclusive authority to interpret and/or make a final determination concerning
any issue arising from such ambiguity.
J. Severability. Except as otherwise set forth in Section 12(G), each provision of this
Agreement is separable and divisible from every other provision and the enforceability
of any one (1) provision does not limit the enforceability, in whole or in part, of any other
provision. In the event that any provision of this Agreement or your applicable Promotion
Agreement(s) is declared to be invalid, illegal, void or less than fully enforceable as to time,
scope or otherwise, then (except as otherwise set forth in Section 12) such provision must
be construed by limiting, reforming and reducing it so that such provision is valid, legal
and fully enforceable while preserving to the greatest extent permissible the original intent
of the parties; the remaining terms and conditions of this Agreement and your applicable
28
29
Residential Customer Agreement, cont.
Residential Customer Agreement, cont.
EXHIBIT 1 – FEES
In addition to any amounts due for your Services and any other amounts due under this
Agreement or your applicable Promotion Agreement(s), you agree to pay the prices, fees
and charges listed in the table below (“Fees”) if and when applicable. DISH may change
these Fees, increase or decrease these Fees or impose additional Fees without notice at
any time and from time to time. Discounts on certain Fees may be available from time to
time in the event that you subscribe to certain programming packages and/or use certain
Equipment. Additional Fees may apply for non-standard installations or in the event that
you upgrade your Equipment after installation. You may call 800-333-3474 to request an
itemization of any cost that you will incur in order to purchase and/or lease Equipment or
receive Services.
Monthly Fees
Type of Fee
Additional Receiver Fee: In
determining the Additional
Receiver Fee amount
(charged in the event that you
have more than
one (1) receiver on your
account), the receiver with the
highest associated fee shall
be deemed activated prior
to all other receivers on your
account.)
Amount
Description of When Fee Applies
Transactional Fees
Type of Fee
Amount
Box Return Fee
$12.00
DISH delivers return boxes and labels to return Leased Equipment.
External Hard Drive Activation Fee
$40.00
One-time fee charged in the event that you have a ViP receiver and you
choose to connect an external hard drive to that receiver.
Late Payment Fee
$7.00
You do not pay your bill in full on or before its due date (not applicable if
you are receiving Services pursuant to a Pre-Pay Promotion).
No Qualifying Card Fee
$99.00
You are eligible for and accept a promotion but do not provide DISH
with a valid credit card or debit/check card.
Out of Warranty Receiver
Replacement Fee
$75.00
You need to replace or repair an out-of-warranty receiver.
Overnight Delivery Fee
$20.00
DISH delivers an item to you via overnight delivery (not available in AK,
HI, Puerto Rico or Virgin Islands).
$5.00
You change your programming selection within thirty (30) days
following the same service being added (excluding adult programming).
$20.00
Changes to your programming selection include adult programming.
DISH Protect Plan Change Fee
$30.00
You cancel the DISH Protect Plan within one-hundred-eighty (180)
days following the commencement of your participation in the DISH
Protect Plan.
Programming Change Fee
Description of When Fee Applies
$7.00
Per additional Solo Non-DVR receiver and Joey
$10.00
Per additional Super Joey
$10.00
Per additional Solo DVR receiver
$15.00
Per additional Hopper, Hopper with Sling and Hopper 3
Returned Payment Fee
$10.00
You make an EFT or check payment to DISH and it is subsequently
returned.
$14.00
Per additional Duo Non-DVR receiver
Service Call Fee
$95.00
We send a certified technician to you. (Service calls are not available in
all areas; geographic restrictions apply.)
$17.00
Per additional Duo DVR and HD Duo DVR SlingLoaded receiver
Shipping and Handling Fee
$15.00
DISH delivers hardware to you via regular delivery. (A $20.00 Extended
Delivery Fee also applies to AK, HI, Puerto Rico or Virgin Islands.)
DISH 500 Upgrade Fee
$5.00
You receive Services in Alaska (AK) or Hawaii (HI).
DISH Pause
$5.00
You participate in DISH Pause.
Smart Card Replacement Fee
$50.00
We replace your Smart Card because it was lost, damaged, stolen,
tampered with or modified.
DVR Service Fee
$15.00
Solo DVR and Duo DVR receiver
$10.00
HD Duo DVR SlingLoaded receiver
$15.00
Hopper, Hopper with Sling, and Hopper 3 (Whole-Home DVR)
DISH Protect Silver
(Single Service)
$8.99
You subscribe to a single qualifying Service and participate in the DISH Protect
Silver plan.
DISH Protect Silver
(Bundled Services)
$10.99
You subscribe to a bundle of qualifying Services and participate in the DISH Protect
Silver plan.
DISH Protect Gold
$12.99
You subscribe to qualifying Services and participate in the DISH Protect Gold plan.
DISH Protect Platinum
$24.99
You subscribe to qualifying Services and participate in the DISH Protect Platinum
plan.
Protection Plan
$8.99
You subscribe to a single qualifying Service and participate in the Protection Plan.
Protection Plan
$10.99
You subscribe to a bundle of qualifying Services and participate in the Protection
Plan.
Service Access Fee
$10.00
You subscribe to Racetrack TV, but do not subscribe to applicable required
minimum programming.
TV2 Receiver Connection Fee
$5.00
You purchase or lease a dual-tuner receiver and it is not connected to a telephone
line and/or a broadband home network.
30
Version: March 2017
31
DISH Network L.L.C. Privacy Notice
DISH Privacy Notice, cont.
This Privacy Notice (“Notice”) explains how DISH Network L.L.C. (“DISH”) collects,
uses and discloses information about DISH subscribers. In the Notice, the terms
“DISH”, “DISH Network”, “we”, “us”, or “our” refer to DISH Network L.L.C., which owns
and/or operates the DISH® direct broadcast satellite television service and related
services (the “Service”). The term “you” refers to you as a subscriber to our satellite
television service. Your use of the Service including through a set-top box or satellite
receiver and any related control device, any device authorized to receive our services,
or any software or mobile application constitutes your acceptance of this Notice.
II. What Information We Collect About You
The Communications Act allows DISH to use our satellite facilities to collect
personally identifiable information about you to obtain information necessary to
provide our satellite television service or other services to our subscribers and to
detect unauthorized reception of satellite signals. The Communications Act prevents
us from using our satellite television system facilities to collect personally identifiable
information about you for any other reason without your prior written or electronic
consent.
This Notice does not apply to the areas of DISH websites that are available to the
general public, the dishNET satellite service or the dishNET wireline service, all of
which are covered by separate privacy notices. These notices can be found at
dish.com/legal.
A. Personally Identifiable Information
In order to provide reliable, high-quality service to you, we keep regular business
records containing information about you that may constitute personally identifiable
information. These records generally include the following information, among other
things: your name, service address, billing address, e-mail address, telephone
number, Social Security number, bank account and/or credit card number, and other
account information.
I. Protection of Subscriber Information Under the Communications Act
As a subscriber to the DISH satellite television service, you are entitled under
Section 338(i) of the Communications Act of 1934 (the “Communications Act”) to know
the following:
• how DISH is limited in how we collect, use, and disclose personally identifiable
information about you;
• what personally identifiable information we collect about you and how we use it;
• how, why, and when we disclose personally identifiable information about you and
to whom;
• how long we keep your personally identifiable information;
• how you can access your personally identifiable information; and
• your rights concerning your personally identifiable information and its collection,
use and disclosure.
The Communications Act applies to personally identifiable information that you
have given us, or that we have collected in connection with your use of the Service.
Personally identifiable information is information that identifies you specifically; it
does not include aggregate data, anonymized data, or data that does not identify
you or other particular individuals. This Notice includes the information required to be
disclosed under the Communications Act as well as certain additional privacy-related
information for DISH satellite television subscribers.
32
We may also collect and maintain other information about your account, such as
billing and payment history, service information, customer correspondence and
communications records, records indicating the number of television sets and devices
connected to our satellite facilities and the programming service options you have
chosen.
B. Usage and Service Information
When you use the Service, our distribution systems automatically collect certain
information regarding your use of the Service. If, for example, you watch a
pay-per-view program or purchase a product or service, the system may collect certain
personally identifiable information such as account and billing-related information
related to the pay-per-view programs or other products or services ordered so that
you may be properly billed for them. Most of the information that is collected is used to
carry out a particular request that you made in connection with the Service and is not
personally identifiable information. This information may include information required
to change your television channel, review listings in an electronic program guide,
and pause or fast forward through certain programs, among other information. It may
also include other information such as the time you actually use our services and the
use of other features of our services, and which menus and menu screens are used
most often and the time spent using them, among other information. This information
may be in various formats, including electronic or audio format, and may be collected
through the set-top box or satellite receiver in use, through related equipment such as
33
DISH Privacy Notice, cont.
DISH Privacy Notice, cont.
a remote control, or other devices through which you access the Service. DISH also
obtains data related to your viewing choices and advertisements selected for you.
We periodically summarize, anonymize, aggregate, and/or remove certain data
elements from data sets that can be used to uniquely identify you, and employ other
similar methods designed to inhibit direct association with your identity.
decide whether to accept it. You can access the Service even when you’ve disabled
certain cookies, but you may not be automatically recognized by the Service upon
revisiting.
C. Third-Party Information
We may also combine your personally identifiable information with personally
identifiable information obtained from third parties such as programmers, business
partners and affiliates, consumer reporting agencies, and other data companies for
the purpose of creating enhanced databases, business records, products, or service
offerings. We may use these databases and these business records in marketing,
advertising, and other activities related to the Service and other products and services.
We also maintain records of research concerning subscriber satisfaction and viewing
habits, which are obtained from subscriber interviews and questionnaires.
D. Third-Party Services and Websites
When you click on a link to a third-party service, application, or website, even when
doing so through a DISH set-top box or website, this Notice no longer applies.
You should review the privacy statements of the third parties operating any such
services, applications, or websites prior to providing your personal information.
E. Cookies and Other Technologies
The Service may be provided through Internet websites or other platforms operated by
us, our affiliates, and/or other companies. For example, you can access the Service
from our websites and apps and by using certain Internet-connected devices and other
similar platforms that are not operated or maintained by us. We are not responsible
for the information, security, or privacy practices of such third parties or any third-party
platforms. If you are using the Service on a third-party-operated platform, you should
check the privacy statement of the applicable third party to determine how it handles
any information it collects from or about you.
Some of our websites and HTML-formatted e-mails and e-newsletters use web
beacons to compile statistics about our website usage. You may be able to disable
some web beacons by rejecting their associated cookies. We also collect information
that includes data such as IP addresses, browser type, device type, Internet Service
Provider, referring/exit pages, platform type, date/time stamp, and number of clicks.
DISH, our business partners, and our service providers use this information to analyze
trends, administer the Service, track usage and users’ movement in the aggregate, as
well as to gather broad demographic information.
We may use cookies, web beacons, tags, and other technologies to track, transmit,
and analyze usage information and to compile statistical information about our users
in order to improve the quality and performance of the Service. DISH reserves the
right to publish non-personal information regarding the Service for promotional
purposes and as a representative audience. DISH does not recognize “Do Not Track”
requests from Internet browsers.
From time to time, we may allow you to use the Service with social networking
services and connect your Membership Account with accounts that you have with third
parties, including with certain third-party social networks (“Third-Party Accounts”).
If you consent to share information about your activities with Third-Party Accounts,
then DISH may send information about you to such third parties.
DISH places advertisements on the Service and on third-party platforms, and also
places advertisements from third-party advertisers on the Service. Advertisers,
advertising technology companies, and service providers that perform advertisingrelated services for us and our business partners may use cookies, web beacons,
tags, and other technologies to collect information from or about you in order to tailor
advertisements, measure advertising effectiveness, and enable other enhancements.
We may use cookies, web beacons, tags, and other technologies to make your use
of the Service more convenient and to support and improve our business, marketing,
and advertising activities; these technologies expand our and third-parties’ abilities to
collect data and other information. For example, we may use cookies to remember
your e-mail address so that you will not have to re-enter this information each time you
visit any of our websites or apps. Most browsers are initially set up to accept cookies,
but you can set up your browser to alert you every time a cookie is offered, letting you
DISH may also permit third parties to collect certain information related to your usage
of our Services, such as viewer measurement and other data related to your activities
for market research, ratings, viewer measurement, and other analytical and reporting
purposes. Our agreements with business partners and service providers that collect
information limit the types and use of information shared with these companies.
34
35
DISH Privacy Notice, cont.
DISH Privacy Notice, cont.
III. How We Use Your Information
We use personally identifiable information as permitted by the Communications Act
and this Notice.
IV. Disclosure of Information to Others
DISH considers the personally identifiable information contained in our business
records to be confidential. The Communications Act authorizes us to disclose
personally identifiable information concerning any subscriber if the disclosure is:
Among other things, we use this information primarily to conduct business activities
related to providing you the Service and to help us detect theft of service.
Generally speaking, we use the information that we collect in connection with
billing and collections, administration, surveys, marketing, service delivery and
customization, maintenance and operations, and fraud prevention. We may also
use the personal and aggregate information about you to deliver addressable or
customized advertising, offers, and other services to you. We also use personally
identifiable information to, among other things:
• install, operate, provide, and maintain our satellite television service and other
services;
• confirm that you are receiving the level(s) of service requested and are properly
billed;
• identify when changes are made to your account or services;
• inform you of products, programming, or services that may be of interest to you;
• make programming recommendations;
• understand the use of, and identify improvements to, our services;
• detect unauthorized reception of our services;
• determine whether applicable policies and terms of service are being violated;
• configure satellite television service-related devices;
• perform statistical or qualitative research and analysis;
• maintain our do not contact list;
• comply with law; and
• as otherwise necessary to provide the service.
36
necessary for us to provide or conduct a legitimate business activity related to our
satellite television service or other services provided to you; required by law or
legal process (as described below); or of the names and addresses of subscribers
for “mailing list” or other purposes (subject to each subscriber’s right to prohibit or
limit this disclosure as described below).
A. When DISH is Permitted to Disclose Personally Identifiable Information
1. To conduct business activities related to providing you with our
satellite television services or other services
We may disclose personally identifiable information about you to our affiliates
or to others who work for us, such as outside auditors, professional advisors,
service providers, and vendors; potential business merger, acquisition, or
sale partners; and regulators when the disclosure is necessary to render or
conduct a legitimate business activity related to the satellite television service
or other services that we provide to you. Generally, these disclosures involve
billing and collections, administration, surveys, marketing, service delivery
and customization, maintenance and operations, and fraud prevention.
We may also share your information with third parties that provide content
or technologies used in our services to report on and account for the use
of such content or technologies by our subscribers. We may also disclose
information about you in non-personally identifiable or aggregate formats,
such as ratings surveys and service usage and other statistical reports,
which do not personally identify you, your particular viewing habits, or the
nature of any transaction that you have made over the satellite television
system. We may also use and share data in aggregate or anonymized
formats with programmers, advertisers, and others for advertising and other
purposes. If we (or our parent company) enter into a merger, acquisition,
or sale of all or a portion of our assets, in most instances our subscribers’
personally identifiable information will be one of the items transferred as part
of the transaction.
37
DISH Privacy Notice, cont.
2. For “mailing list” or other purposes
The Communications Act permits us to disclose limited personally identifiable
information to others, such as charities, marketing organizations, or other
businesses, for satellite or non-satellite “mailing list” or other purposes.
From time to time we may disclose your name and address for these
purposes. Any “mailing list” and related disclosures that we may make are
limited by the Communications Act to disclosures of subscriber names and
addresses where the disclosures do not reveal, directly or indirectly,
(i) the extent of any viewing or other use by the subscriber of a satellite
service or other service provided by us; or (ii) the nature of any transaction
made by the subscriber over any facilities used by us.
B. When DISH is Required to Disclose Personally Identifiable Information
We make commercially reasonable efforts to protect your privacy as described
in this Notice. Nevertheless, we may be required by law to disclose personally
identifiable information about you without your consent and without notice in
order to comply with a valid legal process such as a subpoena, court order, or
search warrant.
The Communications Act requires us to disclose personally identifiable
information to a third party or governmental entity in response to a court order.
If the court order is sought by a governmental entity, the Communications
Act requires that you are afforded the opportunity to appear and contest in a
court proceeding relevant to the court order any claims made in support of
the court order. At such a proceeding, the Communications Act requires the
governmental entity to offer clear and convincing evidence that the subject of
the information is reasonably suspected of engaging in criminal activity and
that the information sought would be material evidence in the case. In addition,
under the authority of an administrative subpoena, state welfare agencies may
obtain the names, addresses, and certain other information of individuals as
they appear in the subscriber records of the satellite company with respect
to those who, for example, owe, or are owed, welfare or child support. This
information may be obtained without a court order and does not require that a
subscriber be given notice of and the opportunity to contest the disclosure.
We may also use or disclose personally identifiable information about you
without your consent to protect our customers, employees, or property; in
emergency situations; and to enforce our rights under our terms of service and
policies, in court or elsewhere.
38
DISH Privacy Notice, cont.
V. How to Limit DISH’s Use and Disclosure of Your Personally
Identifiable Information
You may at any time request us to prohibit or limit: 1) disclosure of your personally
identifiable information for “mailing list” purposes; 2) collection of viewer measurement
data from your set-top box; or 3) delivery of addressable advertisements to your
set-top box that were selected for you using your personally identifiable information.
However, your request for us to prohibit or limit addressable advertisements will not
limit the quantity of advertisements in our services, but may reduce the relevancy of
such advertisements to you. To limit any of these uses, you must contact us in writing
at DISH Network L.L.C., Attn: PRIVACY, P.O. Box 6655, Englewood, CO 80155-6655.
Be sure to include your name, address, telephone number, and your DISH account
number. The written request should be signed by the person who is identified in
our billing records as the subscriber. If you have a joint account, a request by one
party will apply to the entire account. If you have multiple accounts, your notice must
separately identify each account covered by the request.
VI. How We Protect Your Personally Identifiable Information
We use commercially reasonable efforts to prevent unauthorized access to personally
identifiable information by anyone other than you or DISH. However, we cannot
guarantee that these practices will prevent every unauthorized attempt to access, use,
or disclose personally identifiable information.
VII. How Long We Maintain Your Personally Identifiable Information
DISH maintains personally identifiable information about you in our regular business
records while you are a subscriber to our satellite television service or other services
and for a period of time after you are no longer a subscriber if the information
is necessary for the purposes for which it was collected, to satisfy legal or tax
requirements or for business purposes. If there are no pending requests or court
orders for access to this personally identifiable information, no other legal reasons to
retain such information, and no open items on a subscriber’s account (e.g., balances
due, credit balances, unreturned or damaged equipment, etc.), then DISH destroys
Social Security number and bank account and/or credit card number information two
(2) years after a former subscriber’s last account disconnect date or last payment
transaction date, and other personally identifiable information other than service
address three (3) years following a subscriber’s termination of DISH services. DISH
disassociates service address information from any remaining account information
seven (7) years after account disconnect date.
39
DISH Privacy Notice, cont.
FCC Compliance
VIII. Examining Personally Identifiable Information
You may examine your personally identifiable information we collect and maintain in
our regular business records (generally, billing and account information). If you wish
to obtain a copy of the information, please mail a written notarized request for a copy
of your personally identifiable information to DISH Network L.L.C., Attn: PRIVACY,
P.O. Box 6655, Englewood, CO 80155-6655, giving us a reasonable period of time
to locate and prepare the information for your review. All requests must include
your DISH account number. We will mail the information to you at your current
billing address. You will be permitted to request only records that contain personally
identifiable information about you and no one else. In order to protect you and ensure
that the request is being made by the true person to whom the information pertains,
we will process only notarized requests. You will be provided a reasonable opportunity
to correct errors if any of the personally identifiable information is inaccurate.
The following text is extracted from Federal Communications Commission (FCC)
regulations, as of the publication date of this document. Contact the FCC
(see the following) or your library for the complete text of the regulations.
IX. Your Recourse for Violation of Your Privacy Rights
If you believe that you have been aggrieved by any act of ours in violation of the
Communications Act with respect to your personally identifiable information, you may
bring an action seeking damages, attorney’s fees, and litigation costs reasonably
incurred. Any dispute relating to your privacy rights or arising out of this Notice is
subject to any dispute resolution procedures or provisions provided in your Residential
Customer Agreement.
X. Changes to This Notice
We may modify this notice at any time. We will notify you of any material changes
through written, electronic, or other means as permitted by law.
This device complies with Part 15 of FCC Rules. Operation is subject to the following
two conditions:
1. This device may not cause harmful interference;
and
2. This device must accept any interference received, including interference that
may cause undesired operation.
This equipment has been tested and found to comply with the limits for a
Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are
designed to provide protection against harmful interference in a residential installation.
This equipment generates, uses, and can radiate radio frequency energy and, if not
installed and used in accordance with the instructions, may cause harmful interference
to radio communications. However, there is no guarantee that interference will not
occur in a particular installation. If this equipment does cause harmful interference to
radio or television reception, which can be determined by turning the equipment off
and on, the user is encouraged to try to correct the interference by following one or
more of the following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different from that to which the
receiver is connected.
• Consult the dealer or an experienced radio/TV technician for help.
If none of these remedies stops the radio interference, you should contact a licensed
radio/television technician, your satellite dealer, or call the Customer Service Center at
1-800-333-DISH (3474), for assistance.
Do not make changes or modifications to this equipment. This could void the user’s
authority to operate the equipment.
Product must be installed at least 20 cm (~8 inches) from typical person locations per
FCC RF exposure regulations.
Operation of Wi-Fi on channels within 5150–5250 MHz is restricted to indoor use only.
Version: January 2017
40
41
FCC Compliance, cont.
Agreement on Internet Usage
This equipment complies with Part 68 of the FCC rules and the requirements adopted by the
ACTA. On the back panel of this equipment is a label that contains, among other information,
a product identifier in the format US:AAAEQ##TXXXX. If requested, this number must be
provided to the telephone company.
The software contained in the receiver may reference, display, link to, and provide
users access to web services, sites, and information located worldwide through the
Internet. Because DISH has no control over such sites and information, we make no
representations, warranties or guarantees as to such sites and information, including
but not limited to:
A plug and jack used to connect this equipment to the premises wiring and telephone network
must comply with the applicable FCC Part 68 rules and requirements adopted by the ACTA.
The REN is used to determine the number of devices that may be connected to a telephone
line. Excessive RENs on a telephone line may result in the devices not ringing in response to
an incoming call. In most but not all areas, the sum of RENs should not exceed five (5.0).
To be certain of the number of devices that may be connected to a line, as determined
by the total RENs, contact the local telephone company. For products approved after
July 23, 2001, the REN for this product is part of the product identifier that has the format
US:AAAEQ##TXXXX. The digits represented by ## are the REN without a decimal point (e.g.,
03 is a REN of 0.3). For earlier products, the REN is separately shown on the label.
If this equipment causes harm to the telephone network, the telephone company will notify you
in advance that temporary discontinuance of service may be required. But if advance notice
isn’t practical, the telephone company will notify the customer as soon as possible. Also, you
will be advised of your right to file a complaint with the FCC if you believe it is necessary.
The telephone company may make changes in its facilities, equipment, operations or
procedures that could affect the operation of the equipment. If this happens, the telephone
company will provide advance notice in order for you to make necessary modifications to
maintain uninterrupted service.
If trouble is experienced with this equipment, for repair or warranty information, please contact
DISH Network at 1-800-333-DISH (3474). If the equipment is causing harm to the telephone
network, the telephone company may request that you disconnect the equipment until the
problem is resolved.
There are no user serviceable parts inside.
Connection to party line service is subject to state tariffs. Contact the state public utility
commission, public service commission or corporation commission for information.
(a) The accuracy, availability, sequence, completeness, timeliness, copyright
compliance, legality, content, validity, or quality of any such sites or information;
or
(b) Whether using the software may result in locating unintended, inappropriate, or
objectionable content.
Because some of the content on the Internet consists of material that is adult-oriented,
restricted to viewers at least 18 years of age or the age of majority where you live, or
otherwise objectionable to some people or viewers under the age of 18, the results
of using the software may automatically and unintentionally result in the generation
or display of sites, links, or references to such objectionable and/or adult-oriented
material.
By using the software, you acknowledge that DISH Network L.L.C. makes any
representations, warranties, or guarantees with regard to any sites or information
displayed by or accessed by in connection with use of the software. DISH Network
L.L.C., their respective direct and indirect subsidiaries and parents, and the officers,
directors, and shareholders of any of the foregoing companies shall not, directly or
indirectly, be liable in any way to you or to any other person or entity for the content
you receive using the software or for any inaccuracies, errors in, or omissions from
the content. DISH Network L.L.C. and their respective affiliates and licensors reserve
the right to change, suspend, remove, or disable access to any services at any time
without notice. In no event will DISH Network L.L.C., their respective direct and
indirect subsidiaries and parents, or the officers, directors, and shareholders of any
of the foregoing companies be liable for the removal of or disabling of access to any
such services. DISH Network L.L.C. and their respective affiliates and licensors may
also impose limits on the use of or access to certain services, in any case, and without
notice or liability.
If your home has specially wired alarm equipment connected to the telephone line, ensure that
the installation of this equipment does not disable your alarm equipment. If you have questions
about what will disable alarm equipment, consult your telephone company or a qualified
installer.
42
43
If You Need Help
Copyright Notice
• Review the relevant documentation for your equipment at
mydish.com/manuals.
© 2017 DISH Network L.L.C., Englewood, Colorado 80112.
All rights reserved.
• On your receiver, select the Help tile from the main menu.
• Visit mydish.com/chat for 24/7 support.
The information in this document may change without notice. We may issue
revisions to tell you about such changes.
• Call the Customer Service Center at 1-800-333-DISH (3474).
Part Number: 213476
For additional information, refer to the Residential Customer Agreement in
this document and also at mydish.com/legal.
DISH is a registered trademark of DISH Network L.L.C. For information
about DISH, please visit our website at mydish.
Software Notice
We acknowledge all product names, trade names, or corporate names that
we mention in this document to be the proprietary property of the registered
owners.
As with all software-controlled products, unexpected behavior could arise if
the user tries to perform operations in a non-routine manner. This product,
like almost any other high-tech product, is subject to bugs and hence
DISH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ALL
FEATURES, SUCH AS PARENTAL CONTROLS, WILL WORK AS INTENDED
UNDER ALL CIRCUMSTANCES. DISH endeavors to improve such conditions
and will periodically download improvements.
Manufactured under license from Dolby Laboratories. Dolby and the
double-D symbol are registered trademarks of Dolby Laboratories.
DISH Recycling
This equipment may incorporate copyright protection technology that is
protected by U.S. patents, patent applications, and/or other intellectual
property rights. Use of such copyright protection technology is intended for
home and other limited pay-per-view uses only unless otherwise authorized.
Reverse-engineering or disassembly is prohibited.
DISH encourages recycling of electronic devices. Please visit our website
(dish.com/recycle or mydish.com/recycle) for information concerning the
proper disposal of this equipment.
44
® HDMI, the HDMI logo, and High-Definition Multimedia
Interface are trademarks or registered trademarks of
HDMI Licensing L.L.C.
MoCA and the MoCA logo are registered trademarks of Multimedia over
Coax Alliance in the U.S. and other countries.
45
If you need help, go to
mydish.com/chat or call
the Customer Service Center
at 1-800-333-DISH (3474)

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