DISH Technologies J3 Client STB with RF4CE User Manual
Echostar Technologies LLC Client STB with RF4CE Users Manual
Users Manual
mydish.com/chat • 1-800-333-DISH (3474)1
INFORMATION
PRODUCT
IMPORTANT
mydish.com/chat • 1-800-333-DISH (3474)1
Table of Contents
Warning and Attention Symbols ................................................................................................................... 2
Important Safety Instructions ......................................................................................................................... 3
California Proposition 65 Warning ............................................................................................................... 5
Limited Warranty ................................................................................................................................................ 6
DISH Exchange Programs .............................................................................................................................. 8
Residential Customer Agreement................................................................................................................ 9
DISH Subscriber Privacy Notice .................................................................................................................32
FCC Compliance ..............................................................................................................................................40
Agreement on Internet Usage ....................................................................................................................42
If You Need Help .............................................................................................................................................. 43
Software Notice ................................................................................................................................................43
DISH Recycling .................................................................................................................................................43
Copyright Notice .............................................................................................................................................. 44
Notes .................................................................................................................................................................... 45
2
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:
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 sucient 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.
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.
Warning and Attention Symbols
mydish.com/chat • 1-800-333-DISH (3474)3
Important Safety Instructions
You must be aware of safety when you install and use the apparatus:
1 Read these instructions.
2 Keep these instructions.
3 Heed all warnings.
4 Follow all instructions.
5 Do not use the apparatus near water.
6 Clean the apparatus only with a dry cloth.
7 Do not block any ventilation openings on the apparatus.
8 Install the apparatus in accordance with the manufacturer’s instructions.
9 Do not install the apparatus near any heat sources, such as radiators, heat registers, stoves,
or other apparatus (including amplifiers) that produce heat.
10 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.
11 Protect the power cord from being walked on or pinched, particularly at plugs, convenience
receptacles, and the point where they exit from the apparatus.
12 Only use attachments/accessories specified by the manufacturer.
13 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.
14 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.
15 The power plug must be readily accessible so that the apparatus can be easily
disconnected from AC power.
16 Unplug the apparatus during lightning storms or when unused for long periods of time.
4
Important Safety Instructions (cont.)
17 The apparatus is still connected to AC power whenever it is plugged in to a live power
outlet, even if it is turned o using the remote control or front panel buttons.
18 No objects, including flame sources such as lit candles, should be placed on 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 objects may
touch dangerous voltage points or may short-out parts. This could cause fire or electrical
shock.
23 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.
24 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.
25 Unplug the apparatus from the AC power outlet before cleaning.
26 Do not place the apparatus in an enclosure, such as a cabinet, without proper ventilation.
27 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.
28 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.
29 Tighten all coaxial cable connections only by hand. If you use a wrench, you may
overtighten the connections and damage the equipment.
5
Important Safety Instructions (cont.)
Proper Care of Your Equipment
• 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.
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.
California Proposition 65 Warning
mydish.com/chat • 1-800-333-DISH (3474) 6
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.
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 aliated 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
7
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
1. Call the Customer Service Center at 1-800-333-DISH (3474). Have the date of purchase 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.
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.
3. You 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. Returned 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. Write 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.
mydish.com/chat • 1-800-333-DISH (3474) 8
DISH Exchange Programs
DISH oers 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.
Post-Receipt Exchange Program
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 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 U.S.).
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 eective
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.
mydish.com/chat • 1-800-333-DISH (3474)9
Residential Customer Agreement
To view this Residential Customer Agreement (this “Agreement”) in Spanish, please visit
dish.com/legal or call us at 1-800-333-DISH (1-800-333-3474) and we will send you a copy.
Para ver este acuerdo en español por favor visite dish.com/legal o llame all 1-888-599-DISH
(1-888-599-3474) y le enviaremos una copia.
1. DISH CUSTOMER SERVICE CONTACT INFORMATION
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:
Telephone Number: 1-800-333-DISH (1-800-333-3474)
Customer Service Email Address: care@dish.com
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.
10
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 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.
3. YOUR ACCEPTANCE OF THIS AGREEMENT
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.
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.
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
Residential Customer Agreement (cont.)
11
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.
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.
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 mydish.com/pay-per-view 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.
Residential Customer Agreement (cont.)
12
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.
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 dierence 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.
H. Changes in Services, Features and Functionalities Oered. 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 oered 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 oered 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 oered 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 oered by suppliers, software, applications,
features or functionalities.
I. Promotional Oers and Items. In the event that a third party, such as an independent DISH
retailer, integrator or private cable operator, oered you a promotional oer or item in connection
with your subscription to the Services and such promotional oer or item is not oered by such
third party at the direction of DISH, then such third party is wholly responsible for fulfilling such
promotional oer or providing such promotional item, and DISH is not in any way responsible for
such fulfillment.
Residential Customer Agreement (cont.)
13
5. BILLING POLICIES; PAYMENTS FOR SERVICES; FEES
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 aliates. 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.
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.
Residential Customer Agreement (cont.)
14
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 dierent 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.
6. CANCELLATION OF SERVICE
A. Continuation of Services. Your subscription to Services will automatically continue unless and
until you cancel your Services or we disconnect your Services, in each case as provided in this
Agreement or in your applicable Promotion Agreement(s).
Residential Customer Agreement (cont.)
15
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 Email 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 eective 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 credits, refunds, price reductions or any other form
of compensation for the unused portions of such discounted prices, fees or charges.
7. EQUIPMENT
A. Equipment. In order to receive Services, you must purchase or lease certain reception
equipment consisting primarily of a DISH-compatible receiver(s) and applicable Smart Card(s),
remote control(s), satellite antenna(s) and low-noise block converter feed(s) (LNBF) with
integrated feed(s) (collectively, “Equipment”).
Residential Customer Agreement (cont.)
16
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 oered by
DISH (e.g., Tailgater)). In the event that you wish to have receivers at two (2) or more dierent
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 dierence 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.
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.
Residential Customer Agreement (cont.)
17
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 eorts 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.
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
Residential Customer Agreement (cont.)
18
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.
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 Email 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. 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.
Residential Customer Agreement (cont.)
19
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).
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)).
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.
Residential Customer Agreement (cont.)
20
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.
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.
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.
Residential Customer Agreement (cont.)
21
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.
11. PIRACY AND INFRINGEMENT
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 oense 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.
Residential Customer Agreement (cont.)
22
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 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.
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 emails 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,
Residential Customer Agreement (cont.)
23
“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 ocers, 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 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, CO
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.
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, CO 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
Residential Customer Agreement (cont.)
24
through “AAA WebFile,” located on the AAA’s website (www.adr.org), or by filing the Demand for
Arbitration with any AAA oce, regardless of the intended locale of any hearing.
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.
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.
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
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,
CO 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 eect 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
Residential Customer Agreement (cont.)
25
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 email, 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, email 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.
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).
Residential Customer Agreement (cont.)
26
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.
13. GENERAL
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 email, 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 email, 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, email 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 oce box does not meet this requirement. You must give us immediate notice
Residential Customer Agreement (cont.)
27
of any change of name, mailing address, email 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 Email Address or General Customer Service Mailing
Address set forth in Section 1.
C. Consent to Call Your Telephone Number. You authorize DISH and its aliates, 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 aliates; 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 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 aliates, 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 oers, solicitations and promotions, except as prohibited by
applicable law.
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 taris 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
Residential Customer Agreement (cont.)
28
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.
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 Email 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.
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 eect 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
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.
Residential Customer Agreement (cont.)
29
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 Promotion Agreement(s) will not be aected by such
alteration, and shall remain in full force and eect.
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 eect.
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 eect 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.
Residential Customer Agreement (cont.)
30
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 Amount Description of When Fee Applies
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.)
$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
$14.00 Per additional Duo Non-DVR receiver
$17.00 Per additional Duo DVR and HD Duo DVR SlingLoaded receiver
DISH 500 Upgrade Fee $5.00 You receive Services in Alaska (AK) or Hawaii (HI).
DISH Pause $5.00 You participate in DISH Pause.
DVR Service Fee $15.00 Solo DVR and Duo DVR receiver
$10.00 Hopper Duo and 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.
Service Access Fee $10.00 You subscribe to Racetrack TV, but do not subscribe to applicable required minimum
programming.
Residential Customer Agreement (cont.)
31
Residential Customer Agreement (cont.)
Transactional Fees
Type of Fee Amount Description of When Fee Applies
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).
Programming Change Fee $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.
Returned Payment Fee $10.00 You make an EFT or check payment to DISH and it is subsequently returned.
Service Call Fee $95.00 We send a certified technician to you. (Service calls are not available in all areas;
geographic restrictions apply.)
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.)
Smart Card Replacement Fee $50.00 We replace your Smart Card because it was lost, damaged, stolen, tampered with
or modified.
Version: August 2017
To see the most current Residential Customer Agreement, visit dish.com/legal.
mydish.com/chat • 1-800-333-DISH (3474) 32
DISH Subscriber Privacy Notice
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.
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.
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.
33
DISH Subscriber Privacy Notice (cont.)
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.
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, email address, telephone number, Social Security number, bank
account and/or credit card number, and other account information.
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 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.
34
DISH Subscriber Privacy Notice (cont.)
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 aliates,
consumer reporting agencies, and other data companies for the purpose of creating enhanced
databases, business records, products, or service oerings. 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
aliates, 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.
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 email 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 oered, letting you 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.
Some of our websites and HTML-formatted emails 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
35
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 nonpersonal
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 advertising-related 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
eectiveness, and enable other enhancements.
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.
III. How We Use Your Information
We use personally identifiable information as permitted by the Communications Act and
this Notice.
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, oers, and other services to you.
DISH Subscriber Privacy Notice (cont.)
36
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.
IV. Disclosure of Information to Others
DISH considers the personally identifiable information contained in our business records to be
confidential. The Communications Act permits us to disclose personally identifiable information
concerning any subscriber if the disclosure is:
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 aliates 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
DISH Subscriber Privacy Notice (cont.)
37
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 nonpersonally 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, including IP address,
device ID, and other nonpersonally identifiable information, 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.
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 eorts 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 aorded 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 oer 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,
DISH Subscriber Privacy Notice (cont.)
38
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.
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 eorts 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
DISH Subscriber Privacy Notice (cont.)
39
DISH Subscriber Privacy Notice (cont.)
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.
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.
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.
Version: August 2017
To see the most current DISH Subscriber Privacy Notice, visit dish.com/legal.
mydish.com/chat • 1-800-333-DISH (3474) 40
FCC Compliance
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.
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
o 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 dierent 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.
41
FCC Compliance (cont.)
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.
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 aect 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 taris. Contact the state public utility
commission, public service commission or corporation commission for information.
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
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) 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 ocers, 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 aliates 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
ocers, 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 aliates and licensors may also impose limits on the use of or access to certain
services, in any case, and without notice or liability.
Agreement on Internet Usage
mydish.com/chat • 1-800-333-DISH (3474)43
If You Need Help
• Review the relevant documentation for your equipment at mydish.com/manuals.
• On your receiver, select the Help tile from the main menu.
• Visit mydish.com/chat for 24/7 support.
• Call the Customer Service Center at 1-800-333-DISH (3474).
For additional information, refer to the Residential Customer Agreement in this document
and also at dish.com/legal.
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.
Software Notice
DISH encourages recycling of electronic devices. Please visit our website
(mydish.com/recycle) for information concerning the proper disposal of this equipment.
DISH Recycling
44
Copyright Notice
© 2017 DISH Network L.L.C., Englewood, Colorado 80112. All rights reserved.
The information in this document may change without notice. We may issue revisions to tell
you about such changes.
Part Number: 214535
DISH is a registered trademark of DISH Network L.L.C. For information about DISH, please
visit our website at mydish.com.
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.
Manufactured under license from Dolby Laboratories. Dolby, Dolby Audio, and the
double-D symbol are trademarks of Dolby Laboratories.
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.
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.
®
mydish.com/chat • 1-800-333-DISH (3474)45
Notes
46
Notes (cont.)
mydish.com/chat • 1-800-333-DISH (3474)47
If you need help, go to
mydish.com/chat or call
the Customer Service Center
at 1-800-333-DISH (3474)
214535
TM