THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH YGNITION
NETWORKS WILL PROVIDE ITS SERVICE TO YOU. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL
YOUR SERVICE.
IF YOU ARE A NEW YGNITION NETWORKS CUSTOMER, YOUR ACTIVATION OF AN
YGNITION NETWORKS ACCOUNT AND RECEIPT OF YGNITION NETWORKS SERVICES
SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND
CONDITIONS WILL BE LEGALLY BINDING UPON YOU.
IF YOU ARE AN EXISTING YGNITION NETWORKS CUSTOMER, YOUR CONTINUED
RECEIPT OF YGNITION NETWORKS SERVICES FOLLOWING RECEIPT OR PUBLICATION
BY YGNITION NETWORKS ON ITS WEB SITE OF THIS AGREEMENT SHALL
CONSTITUTE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS, AND,
ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU.
Thank you for choosing Ygnition Networks as your television service
provider. Ygnition Networks is pleased to answer any questions you may
have and to provide you with technical and other customer support
through the following toll-free number and email address:
1-866-876-3278
customersupport@ygnition.com
Or you may write to:
Ygnition Networks
Attn: Customer Service Department
565 Andover Park W. Suite 201
Seattle, WA 98188-3345
For general information, try our website at www.ygnition.com
1. THE YGNITION NETWORKS SERVICE
A. Services Defined. Ygnition Networks offers a wide variety of video
and audio programming and other services and we are constantly striving
to add new services to our lineup. For purposes of this Agreement the
term "Services shall mean the programming available on Ygnition
Networks (whether subscription based or pay per view based) and any
other services that we may provide to consumers either now or in the
future. For purposes of this Agreement the terms "You" or "Your" refer
to you, the Ygnition Networks subscriber.
B. Programming Changes. Except as otherwise set forth in this
Agreement, you may change your programming selection at any time by
notifying us at our toll free customer support number. A fee may apply
to such changes (Change of Service Fee). In addition, you will be
charged additional fees (Service Access Fee) if you fail to subscribe
to one of Ygnition Networks' basic programming packages which include
but is not limited to, America's Top 120, America's Top 180, DISH
Latino, DISH Latino Dos or Dish Latino Max.
C. Programming Availability. Certain Services transmitted by us,
including but not limited to some subscription Services, sporting
events and broadcast network Services, may be blacked out in your area
of reception. If you circumvent or attempt to circumvent any of these
blackouts, you may be subject to legal action. You must be at least 18
years of age, or the applicable age of majority where you reside, in
order to receive adult-oriented programming services.
D. Ordering Pay Per View. You may order Ygnition Networks pay-per-view
Services by using your on-screen Program Guide and remote control unit
to select the movies and other events we offer. To order Ygnition
Networks pay-per-view Services, your Ygnition Networks DBS digital
receiver must be connected to a telephone outlet. You may also order
Ygnition Networks special events and pay-per-view Services over the
telephone by calling the Customer Service Center. A small fee will
apply for the Customer Service Center call (Pay-Per-View Service Fee).
E. Private Viewing. Ygnition Networks provides Services to you for
your private home viewing, use and enjoyment. You agree that the
Services provided will not be viewed outside of your private residence.
You are permitted to exhibit the Services solely in your private
residence and not in any other areas. The Services may not be
rebroadcast, transmitted, recorded or performed, nor may admission be
charged for listening to or viewing any Services provided by us. If we
later determine that you utilized your Ygnition Networks Equipment
(including any additional Ygnition Networks receivers) or sold, leased
or otherwise gave possession of the same to a third party who you knew
or reasonably should have known intended to use it to permit the
viewing of the Services in a commercial establishment or any other area
open to the public, we may terminate the Services and in addition to
all other applicable fees, you agree to pay us the difference between
the price actually paid for the Services and the full commercial rate
for such Services, regardless of whether we have or had the commercial
rights to such Services. The payment of that amount and/or the
termination of Services shall not prejudice our ability to exercise any
other rights and remedies we may have under this Agreement, at law, in
equity, or otherwise.
F. Additional Receivers. (Digital service only.) To independently tune
additional televisions within your home, a separate Ygnition Networks
receiver is required for each television. Each additional receiver
would be authorized to receive the same Services as your initial
receiver. Ygnition Networks will charge you a monthly fee (Receiver
Access Fee) for each receiver on your account. This option is only
available if your initial Ygnition Networks receiver and each
additional receiver is located at the same residence and each are
continuously connected to the same telephone line. If you desire to
receive Services at two different locations, you must open a separate
account for each location. You agree that you will not directly or
indirectly use a single account for the purpose of authorizing Services
for multiple Ygnition Networks receivers that are not all located in
the same residence and connected to the same telephone line. If we
later determine that you did, we may terminate your Services and, in
addition to all other applicable fees, you agree to pay us the
difference between the amounts actually received by us and the full
retail price for the Services authorized for each Ygnition Networks
DBS receiver on the account, whether owned by you or not. The payment
of that amount and/or the termination of Services shall not prejudice
our ability to exercise any other rights and remedies we may have under
this Agreement, at law, in equity, or otherwise.
G. Changes in Services Offered. Ygnition Networks reserves the right
to change the Services that we offer, including prices or fees related
to such Services at any time. In the event of a change in the contents
of any programming, programming packages or other Services, you
understand and agree that we have no obligation to replace or
supplement the programming, programming packages or other Services
previously offered that have been deleted, rearranged or otherwise
changed. You further understand and agree you will not be entitled to
any refund because of a change in the contents of any programming,
programming packages, or other Services previously offered.
2. BILLING POLICIES AND PAYMENTS FOR SERVICES
A. You agree to pay all amounts billed for Services and to pay all
taxes, fees and other charges, which are now or may in the future be
assessed on the Services you receive from us. We will bill you each
month, in advance, for Services ordered by you or anyone who uses your
Ygnition Networks Equipment, whether with or without your permission,
until you cancel the Services.
B. You are not entitled to receive credit for service outages.
C. Invoices are due within 20 days of the billing date. Ygnition
Networks' preferred method of payment is by credit card. If you wish
to pay by other methods, such as by check, you will be subject to a
nominal processing fee.
D. You agree to pay us in full, monthly, by the payment due date for
the Services and for any other charges due us, including any fees set
forth in this Agreement. Payment of your bill after the due date will
result in you paying us a Late Payment Fee. Other fees and charges may
also be assessed. If any check payment is returned NSF it will be
re-presented electronically and a processing fee, allowed by law, will
be charged. If partial payments are made, they will be applied first to
the oldest outstanding bill. If you send checks or money orders marked
"payment in full,” we can accept them without losing any of our rights
to collect any other amounts owed by you, notwithstanding your
characterization of the payment. Ygnition Networks does not extend
credit to our customers, and the Late Payment Fee is not interest, a
credit service charge or a finance charge. You understand and agree
that in the case of late payment or nonpayment for any Services ordered
by you or for any of the charges listed in this Agreement, we may
report such late payment or nonpayment to credit reporting agencies.
If you do not pay your bill by the due date, we have the right to
disconnect your Services at any time thereafter, at our sole
discretion. Ygnition Networks may require you to pay all past due
charges, a Reconnect Fee, a deposit equal to a minimum of one month's
advance charges and all outstanding balances accrued through the date
of deactivation, before we reconnect your Services. Deposits will not
be held segregated from other funds and shall not earn or accrue
interest.
E. If you at any time fail, neglect, or refuse to make timely payments
hereunder, or if a petition in bankruptcy shall be filed on your behalf
or against you, or if you take advantage of any insolvency law or
become insolvent or make an assignment for the benefit of creditors, or
if a receiver, liquidator, or trustee is appointed for your property or
affairs, we shall be wholly relieved from our obligations hereunder.
F. If we use a collection agency or attorney to collect money you owe
us or to assert any other right we may have against you, you agree to
pay the reasonable costs of collection or other action. These costs
might include, but are not limited to, the costs of a collection
agency, reasonable attorney's fees and court costs. If there are
billing errors or other requests for credit, you can contact our
Customer Service Center by telephone or in writing. You must contact us
within sixty (60) days of the time you receive the billing statement
for which you are seeking corrections. Failure to timely notify us of
a dispute shall constitute acceptance of the bill. Undisputed portions
of the billing statement must be paid before the next billing statement
is issued to avoid an administrative fee for late payment. All payments
for Services must be made directly by you to Ygnition. Ygnition
Networks shall have no obligation to provide Services for which any
payment is made by you to a third party.
G. In addition to the amounts due for Services, you agree to pay Fees
when applicable. Ygnition Networks reserves the right to increase these
Fees or add additional Fees in the future, in our sole discretion.
3. CANCELLATION OF SERVICE
A. A minimum 30 days cancellation notice is required. You will be
billed for and are responsible for paying all charges 30 days after
cancellation. Your charges during the cancellation period (30 days)
will not be prorated. In other words, if you cancel you service
during mid month, you will be billed in full for the following month.
B. Your Service will continue until cancelled as provided for herein.
Your subscription will be automatically renewed unless you contact us
to cancel as provided for in the next paragraph.
C. You have the right to cancel your Service for any reason at any
time by notifying us via telephone or in writing at the phone number or
address set forth above by giving us 30 days notice.
D. You must also give 30 days notice for any change between analog and
digital service. Please be aware that certain promotional offers have
a minimum subscription commitment (usually 12 months) and if you cancel
your service prior to the expiration of that commitment, certain early
termination fees may apply
E. Ygnition Networks has the right to terminate your Services at any
time without providing notice to you if: (i) you fail to pay your bill
when it is due; (ii) we receive confirmation that you have received the
Services, or any part of the Services without paying for them; or (iii)
you otherwise violate the terms of this Agreement.
F. Failure to pay your bill timely will result in interruption of your
service and late payment fees. The minimum late payment fee is $5.50
per month.
G. Ygnition does not offer credit or payment terms. If you fail to
pay your bill timely and your service is cancelled, but you wish to
retain service, in addition to paying your outstanding balance,
Ygnition will charge a reconnection fee. All services and fees must be
paid for in advance.
H. If your Service is cancelled for any reason, you are still
responsible for payment of all outstanding balances accrued, including
any applicable Fees.
I. You understand that charges for Services, once charged to your
account, are nonrefundable. For monthly subscriptions, the cancellation
will be effective at the end of the period covered by the last monthly
bill. No refunds or credits will be provided in connection with the
cancellation of monthly subscriptions.
4. EQUIPMENT
A. In order to receive the Services it may be necessary for you to
purchase or lease certain reception equipment consisting primarily of
an Ygnition Networks receiver and a remote control ("Equipment"). You
will also be provided with a conditional access card ("Smart Card")
that is inserted into your receiver. The Smart Card remains the
property of Ygnition Networks and any tampering or other unauthorized
modification to the Smart Card is strictly prohibited and may result
in, and subject you to, legal action. You agree to return the Smart
Card to us upon request or when you cancel your service. Failure to
return equipment within 20 days of cancellation will result in a
non-refundable charge as follows:
Set-Top Box: $375.00
Smart Card: $75.00
Remote: $25.00
B. Smart Cards are nontransferable. Your Smart Card will only work in
the Ygnition Networks receiver to which it was assigned by Ygnition
Networks. If you report to the Customer Service Center that your Smart
Card was lost, damaged, defective or stolen we will replace it, as long
as there is no evidence of unauthorized tampering or modification. A
replacement fee will apply.
C. Ygnition Networks reserves the right to alter software in your
Ygnition Networks receiver and provide content to PVR products through
periodic downloads. Ygnition Networks will use commercially reasonable
efforts to schedule these downloads in a manner that results in the
least amount of interference with or interruption to your Service.
D. Your Ygnition Networks receiver contains certain components and
software that are proprietary to Ygnition Networks. You agree that you
will not try to reverse-engineer or disassemble any software or
hardware contained within your receiver or our Smart Card. Such actions
are strictly prohibited and may result in the termination of your
Services and/or legal action.
E. For proper operation of your Equipment, Ygnition Networks requires
that you connect each Ygnition Networks receiver on your account to a
telephone line. For accounts containing multiple receivers, each
receiver must be connected to the same telephone line.
F. If your Ygnition Networks Equipment is stolen or otherwise removed
from your premises without your authorization, you must notify our
Customer Service Center immediately, but in any event not more than
three (3) business days after such removal to avoid liability for
payment for unauthorized use of the Ygnition Networks Equipment. You
may not be liable for unauthorized use after we have received your
timely notification.
5. LEASED EQUIPMENT
A. If you decide to lease your Equipment from Ygnition Networks, such
Equipment shall at all times remain the sole and exclusive property of
Ygnition Networks and we will have the right, at our discretion, to
replace it with new or reconditioned equipment and to remove the
equipment upon termination of Services. None of the equipment shall be
deemed fixtures or part of your realty. Our ownership of the equipment
may be displayed by notice contained on the equipment. You shall have
no right to pledge, sell, mortgage, give away or remove, relocate,
alter or tamper with the equipment (or any notice of our ownership
thereon) at any time. Any reinstallation, return or change in location
of the equipment shall be performed by us at the service rates in
effect at the time of service. You shall not attach any electrical or
other devices to or otherwise alter the equipment without our prior
written consent. Ygnition Networks shall have the right to make such
filings as are necessary to evidence our ownership rights in the
equipment, and you agree to execute any and all documents as are
necessary for us to make such filings. Upon termination of Services,
you must notify our Customer Service Center to schedule the return of
the Equipment. Any Fee assessed due to your failure to comply with
the return any Equipment is not a payment for that Equipment. The
Equipment must still be returned.
B. You shall notify us promptly of any defect in, damage to, or
accident involving the Equipment. All maintenance and repair of the
Equipment shall be performed by us or our designees. Ygnition Networks
may charge you for any repairs that are necessitated by any damage to,
or misuse of, the Equipment.
6. TRANSFER OF ACCOUNT, SERVICES OR EQUIPMENT
Ygnition Networks may sell, assign or transfer your account to a third
party without notice to you. You may not assign or transfer your
Services without our written consent, which will not be unreasonably
withheld. We may, however, refuse to allow you to assign or transfer
your Services if you lease your Equipment or if your account has an
outstanding balance.
7. LIMITATION OF OUR LIABILITY
A. WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR LIABLE FOR
ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR NONPERFORMANCE ARISES
IN CONNECTION WITH THE TERMINATION OF ALL OR A PORTION OF THE SERVICES,
THE RELOCATION OF ALL OR A PORTION OF THE SERVICES TO DIFFERENT
SATELLITE(S), A CHANGE IN THE FEATURES AVAILABLE WITH YOUR YGNITION
NETWORKS EQUIPMENT OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS,
POWER OR TECHNICAL FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER
CAUSE BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR ANY DAMAGE
RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING
DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR
EQUIPMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING
THE YGNITION NETWORKS EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL
SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL WE HAVE ANY
LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RELATING TO THE EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE
TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT,
FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU.
B. It is your responsibility to impose any restrictions on viewing by
you, other members of your household, or guests, and we shall have no
liability to anyone due to or based on the content of any of the
Services furnished to you.
8. WARNING AGAINST PIRACY
It is a violation of several U.S. federal and state laws to receive any
Services, or any portion of such Services, without paying for them. The
penalties for violating such laws can range from imprisonment to civil
damage awards of up to $110,000 per violation.
9. MISCELLANEOUS
A. Physical Address/Change of Address. When setting up your Ygnition
Networks account, you agree to provide us with the physical street
address where the Equipment will be located. A post office box does not
constitute a physical address and is not sufficient to meet this
requirement. You agree to give us prompt notice of your change of name,
mailing address, physical address where the Equipment is located or
telephone number. You may do this by notifying our Customer Service
Center by telephone or in writing.
B. Notice. If we send you notice, it will be considered given when
deposited in the U.S. Mail, addressed to you at your billing address
or hand-delivered to you. Our notice to you will also be effective if
provided on your billing statement or by telephone. If you give notice
to us, it will be deemed given when received by us at the address
listed on the first page of this Agreement.
C. Applicable Law. This Agreement, including all matters relating to
its validity, construction, performance and enforcement, shall be
governed by applicable federal law, the rules and regulations of the
Federal Communications Commission, and the laws and regulations of the
state and local area where Service is provided. These terms and
conditions are subject to amendment, modification or termination if
required by such regulations or laws. If any provision in this
Agreement is declared to be illegal or in conflict with any law or
regulation, that provision may be deleted or modified, without
affecting the validity of the other provisions.
D. Other. This document contains the entire agreement between Ygnition
Networks and you, the customer, and no salesperson, installer, customer
service representative, authorized retailer, or other similarly
situated individual is authorized to change the terms set forth herein.
Ygnition Networks may, however, change the terms and conditions of this
Agreement in the future and will notify you if that occurs. The terms
of this Agreement, which either are expressly stated to survive or by
their nature would logically be expected to survive termination, shall
continue thereafter until fully performed.
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