Town Computer is an Authorized Retailer for DISH Network/EchoStar Communications Corporation. By placing your order by phone or via the Internet with Town Computer (www.towncomputer.com), you are agreeing to the following terms and conditions governing your purchase of merchandise and/or services from Town Computer. By placing your order, you are creating a legally binding contract with Town Computer. If you do not agree to these terms, please do not order from Town Computer.

Definitions
As used herein, the word "agreement" shall mean the Order Form you just completed and these Terms and Conditions of Purchase (including any terms incorporated by hyperlink). The words "you", "your", and "customer" shall mean the person completing this transaction.

Payment
You state that you are the authorized cardholder or that you have been authorized by the cardholder to use the credit card for payment. As an alternative form of payment you may be able to purchase a prepaid debit card via check by phone.  If the check by phone payment is dishonored, rejected, or later contested for any reason, you agree to pay the full amount to Town Computer plus any 3rd party collection costs.  If you purchase a prepaid debit card and do not get DISH Network service for any reason, all refunds for those orders will only be processed back to the debit card.

The Order
Upon acceptance of your order by Town Computer and receipt of your $49.99 deposit/activation fee (refunded on your first month's programming bill), Town Computer will process your order and provide you an installation date for free standard professional installation to be performed through the DISH Network.

Town Computer Early Termination of Service Fee
You agree to a monthly programming package which includes a minimum of DishFAMILY, America's Top 60, DishHD Bronze, DishLATINO, or Great Wall programming service, and agree to not terminate such service for any reason during your 18 (eighteen) month service commitment. If service is terminated or downgraded below DishFAMILY or DishLATINO prior to eighteen months, you agree to pay Town Computer a termination fee of $295. Your use of the services provided by Town Computer and DISH Network shall confirm your acknowledgment of this fee. Effective 5/15/06, customers will not be subject to the cancellation fee if service is cancelled within 30 days of activation.

DISH Network Subscription
You understand that Town Computer is not DISH Network but is an authorized DISH Network dealer/reseller. You agree to be bound by the terms of the DISH Network Residential Agreement found here.

Default
In the event you default on your obligations under this agreement, you authorize Town Computer to charge your credit card $295.00. In the event you contest this amount or the charge is dishonored or rejected for any reason, Town Computer shall have the right to report the matter to national credit reporting agencies and may pursue any other legal remedy. You further agree to pay any 3rd party collection costs.

Warranty
Town Computer hereby disclaims all warranties, whether express or implied, including the warranties of merchantability and the warranty of fitness for a particular use. Town Computer does not warranty or guaranty any DISH Network receivers or components and all warranty work must be done in accordance with the manufacturer's warranty found here.

Limitation of Liability
In no event shall Town Computer be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from Town Computer. Town Computer's maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you to Town Computer.

Indemnity
You agree to indemnify and hold harmless Town Computer against any costs, fines, claims, damages, charges, or fees (including reasonable attorney's fees) arising by reason of your purchase, the installation or use of the satellite equipment you are purchasing.

Notices
If notice is required, you agree to notify Town Computer by e-mail at support@towncomputer.com or toll-free at 1-877-298-0357. Notice will be deemed given when received by Town Computer. Town Computer will not be liable for problems caused by misdirected or undelivered e-mail. Town Computer will direct all correspondence to you at the postal address or email address provided on the Order Form unless you notify us of a change of address.

Enforcement of This Agreement
This agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transaction contemplated herein shall be subject to the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within Suffolk County, Massachusetts. You hereby waive any objection you may have to personal jurisdiction in such courts. In the event you default on the terms of this agreement, you agree to pay to Town Computer all costs, fees and expenses including reasonable attorney's fees.

Use of Electronic Records
You agree to Town Computer's use of electronic records to evidence this agreement. You understand that you have the right to not consent to the use of electronic records by not transacting business with Town Computer. In such event, this will be null and void. Your consent applies only to this transaction. You hereby waive any objection you may have to Town Computer's use of electronic records in court should it be necessary for Town Computer to enforce the terms of this agreement.

Miscellaneous Matters
This agreement constitutes the entire understanding of the parties with regard to your purchase. All prior representations, oral or written, and all prior agreements, oral or written, having been merged into this agreement. This agreement or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the agreement or portion hereof. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. In all matters contained in this agreement, time is of the essence.

BY ORDERING FROM TOWN COMPUTER, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.

Revised 01/20/2007. Copyright © 2006 by Town Computer.  All rights reserved.

DISH Network Offer Terms

The Digital Home Advantage is for new, first-time DISH Network residential households only. Offer is available from DISH Network in the continental United States between 08/16/05 and 01/31/07. Number of channels may decline. Local and state sales taxes may apply. Where applicable, monthly receiver equipment rental fees and programming are taxed separately. Requires a minimum purchase of DishFAMILY, America's Top 60, DishHD Bronze or DishLATINO programming package or service will be deactivated. You must provide a Social Security Number and valid major credit card. If a Social Security Number is not provided, you must provide the last four digits of your Social Security Number. Participation is subject to credit approval. Social Security Numbers are used to obtain credit scores and will not be released to third parties except for verification and collection purposes. The Digital Home Advantage includes a satellite TV system with an eligible configuration of up to 4 receivers, choice of Qualifying Programming and Standard Professional Installation.

$100/$200 Rebate Terms

$100 savings offer requires subscription to America’s Top 60 or higher programming; customer must mail in redemption form and copy of first bill. Customer will receive $10.00 credit each month for up to 10 consecutive months. $200 savings offer requires subscription to DishHD Bronze or higher programming; customer must mail in redemption form and copy of first bill. Customer will receive $20.00 credit each month for up to 10 consecutive months.

Pick One Premium Free For 3 Months

Customer may choose one premium movie package (HBO, Cinemax, Showtime, or Starz Movie Pack) free for 3 months. After 3 free months of selected movie package, customer must call to downgrade or then-current price will apply.

Activation Fee/Deposit

You must pay a $49.99 Activation Fee/Deposit. Such fee is completely nonrefundable once the system is activated. You will receive a $49.99 credit on your first bill.

30-Day Money Back Guarantee

Effective 5/15/06, if customer cancels within 30 days of activation, fees paid by the customer to DISH Network will be refunded, including Activation Fee and monthly programming charges. Exceptions include pay-per-view/video-on-demand charges, lease upgrade fees and payments made to an installation technician at the time of installation. Refund will be made in the same form as payment. Customers will not be subject to the cancellation fee if service is cancelled within 30 days of activation.

Equipment Configurations

No more than two dual-tuner receivers per account are permitted, or a total of four single-tuner receivers per account if no dual-tuner receivers are chosen. Customers are limited to a maximum of two HD receivers, and two DVR receivers. Customers desiring a second DVR Receiver must pay an upgrade fee of $99.00 for the second receiver. An equipment rental fee of $5.00 per month (for DVR and Standard receivers) or $6.00 per month (for HD receivers) will be charged for each receiver beyond the first.

Qualifying Programming

Qualifying Programming with one receiver includes DishFAMILY (currently $19.99), America's Top 60 (currently $29.99/mo.), America's Top 120 (currently $39.99/mo.), America's Top 180 (currently $49.99/mo.), Everything Pak (currently $84.99/mo.), DishHD Bronze (currently $39.99/mo.), DishHD Silver (currently $49.99), DishHD Gold (currently $59.99), DishHD Platinum (currently $89.99), DishLATINO (currently $29.99/mo.), DishLATINO Dos (currently $39.99/mo.) or DishLATINO Max (currently $49.99/mo.) programming. Local channels are available in select markets for an additional $5.00 per month.

Equipment and Installation

Standard Professional Installation includes typical installation of one 20" dish antenna, typical hook-up of up to 4 receivers to up to 4 TVs and equipment testing. More complex installations may require additional fees; other installation restrictions apply.

Unreturned Equipment Fees

All equipment remains the property of DISH Network at all times and must be returned within fifteen days of account deactivation to DISH Network or customer must pay an unreturned equipment fee as follows: HD-DVR Receiver (Dual Tuner) or DVR Receiver (Dual Tuner) - $300; Standard Receiver (Dual Tuner) - $200; Standard Receiver (Single Tuner) - $100; HD Receiver (Single Tuner) - $300; Outdoor LNBF - $100; Quad Switch - $100.

Fees and Credit Card Charges

By placing this order, you agree that any unreturned equipment fees will automatically be charged to your DISH Network account or your credit card provided to DISH Network and you agree to pay such fees. You authorize DISH Network to investigate creditworthiness. You further authorize DISH Network to report any payment defaults to credit reporting agencies. You acknowledge and agree that DISH Network is not extending credit and that the unreturned equipment fees are not interest, a credit service fee or a finance charge.

Service Fees

Each of your receivers must be continuously connected to your same land-based phone line. A monthly $4.99 additional Outlet Programming Access Fee applies to the second tuner of each DISH 322 or DISH Player-DVR 625 receiver. This fee will be waived on a monthly basis for each such receiver that DISH Network confirms has been continuously connected to Customer's same land-based phone line. DISH Network's confirmation process shall be the sole method utilized to determine if your monthly additional outlet programming access fee(s) will be waived. A $5.98 per month DISH Video-On-Demand Service fee will be charged for each DVR receiver. There is a $5.00 Change of Service Fee for each programming change except a $10.00 Change of Service Fee for each Adult programming change.

Warranty

Standard warranty includes no-cost repair/replacement of manufacturer defects during the first 90 days. After the first 90 days, a $14.95 shipping charge applies to warranty equipment replacement by mail, and a $99 in-home warranty trip service charge applies. For complete warranty information, including the DISH Home Protection Plan (included with your first 18 month commitment), contact DISH Network.

DISH Network Programming Service Commitment

In order to receive the Digital Home Advantage promotion, you will be making a commitment to stay with DISH Network for a minimum period of 18 (eighteen) months, after which your service will continue month-to-month until you cancel. You must maintain a minimum of DishFAMILY, America's Top 60, DishHD Bronze, DishLATINO, or Great Wall programming service for the entire 18-month period. If qualifying service is terminated prior to end of 18-month period, a DISH Network cancellation fee equal to the lesser of $240 or $13.33 per cancelled month of service will apply. Customers will not be subject to the cancellation fee if service is cancelled within 30 days of activation.

Programming

Local channels by satellite are only available to customers who reside in the specified local Designated Market Area (DMA). Channels may vary by market. Certain local channels may require an additional dish antenna from DISH Network, installed free of any charges at time of initial activation. A SuperDISH antenna may be required to receive local channels and will be included at no additional charge at time of initial activation with subscription to local channels. Cities subject to change without notice. Distant Networks packages by satellite are only available for private home viewing and in limited areas to homes that are outside a Grade A or B designated area or with the approval of local affiliates. Limit of two distant cities per eligible customer. If you qualify for PBS National Feed, it will be included in the Distant Networks package price at no additional charge. ESPN and ESPN2 programming subject to change and blackout restrictions, and is licensed separately for residential and commercial use. Some games telecast locally may also be included in ESPN packages. FOX Sports Networks programming subject to blackout restrictions and licensed for residential use only. Regional sports networks not available in all areas. All payments for programming are non-refundable.

Other Terms and Conditions

DISH Network shall determine eligibility for this offer in its sole and absolute discretion. Programming and other services provided are subject to the terms and conditions of the Digital Home Advantage Lease Agreement and Residential Customer Agreement, which is available at the link here. Please refer to the DISH Network Digital Home Plan Lease Agreement which is available upon request for complete details

ALL PRICING, PROGRAMMING AND PACKAGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.