Distant Networks, LLC d/b/a AllAmericanDirect ("DN") Terms and Conditions
You can help us provide better service by becoming familiar with the terms and conditions described below.
You can help us provide better service by becoming familiar with the terms and conditions described below. THE FOLLOWING DESCRIBE THE TERMS AND CONDITIONS of YOUR RECEIPT AND PAYMENT FOR THE PROGRAMMING SERVICES PROVIDED TO YOU BY DN. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE NOTIFY DN IMMEDIATELY AND DN WILL CANCEL YOUR SERVICE. IF YOU RECEIVE OUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND CONDITIONS AS PRESENTED AND WILL BE BOUND BY SUCH TERMS AND CONDITIONS. FOR PURPOSES HEREOF, YOU WILL BE REFERRED TO AS THE "CUSTOMER".
As a condition of receiving services, Customer represents & warrants that the television programming services being provided to Customer hereunder are for private individual residential television receive-only owners in single-family dwelling units located within the U.S. for the purpose of private noncommercial viewing solely (and for no other use or purpose) within the individual's dwelling unit via "satellite transmission" by means of equipment owned or operated by such individual, capable of receiving satellite television programming. DN provides satellite services only for private, non-commercial use, enjoyment and home viewing and such programming may not be made available to others in a public or commercial forum, nor may you re-broadcast such programming or charge others a fee to view. If the Customer is found to be in violation of the above representations and warranties, we reserve the right to disconnect service(s) immediately and pursue appropriate legal remedies. DN shall have the right to pursue all legal and equitable remedies against Customer for violation of these Terms and Conditions or any violation by Customer of applicable laws.
Customer's decoder has been authorized to receive the services or programming which the Customer has selected or appears on their invoice only at the address provided by Customer. Failure to notify DN in writing of any change of address to which service is being provided within 30 days from the date of such change, may cause cancellation of service and/or other penalties. Service is assumed to be at the billing address shown on your notice unless a different address is indicated for service. DN reserves the right to change, blackout, terminate or discontinue at any time and without notice any programs or services being delivered hereunder, and/or to utilize other distribution mechanisms or technologies. Not all programs and services are available in all locations. Certain sporting events and other programming are subject to blackouts in your reception area, which blackouts are controlled by the parties owning the rights to such programming. Programming may be subject to territory restrictions. DN reserves the right to add, delete, or substitute services offered by DN in any or all packages during the subscription term. Customer may change their programming selection by notifying us. A fee may apply to such changes. Some programming may be purchased in minimum blocks of one month or multiples of one month.
DN reserves the unrestricted right to change, rearrange, add or delete our programming packages, our prices, and any other service DN offers, at any time. We will endeavor to notify you of any change that is within our reasonable control and its effective date. Customer may cancel their service, in whole or in part, if the Customer does not accept the changes in their service. If Customer cancels service, a cancellation fee or other charges may apply. If you do not cancel, your continued receipt of our service will constitute acceptance of the changes.
DN reserves the right to deny access to the services it offers to Customers whose decoders have been the subject of bad payment histories, frequent technical or reception problems or unauthorized or inappropriate use, as determined by DN. DN reserves the right to share payment history and subscriber information with other third parties, and to use Customer name for marketing opportunities and other purposes subject to applicable law. DN has no liability for hardware, reception problems or technical advice. Customers must look directly and solely to equipment retailers and/or manufacturers. WITHOUT LIMITING THE FOREGOING, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER EXPRESS OR IMPLIED WARRANTIES OF WHATSOEVER KIND (STATUTORY, WRITTEN, ORAL, OR OTHERWISE), ARE SPECIFICALLY DISCLAIMED AND EXCLUDED FROM THESE TERMS AND CONDITIONS. DN makes no representations whatsoever concerning the contents of the programming being delivered, and Customer assumes all risk and responsibility to determine the appropriateness of such content for those viewing such content at the address the service is being provided.
Customers who elect to receive a month to month subscription shall be deemed to have ordered continuing service until notice of cancellation is provided by Customer. Customers agreement with DN shall be indefinite and service will continue until canceled as provided herein, unless you notify us that you wish to cancel it. DN will automatically renew service that you subscribe to on a periodic basis, including any monthly, quarterly, semi-annual, or annual subscriptions if such programming is still offered by DN. Customer notice is effective on the day we actually receive it. Customer will still be responsible for payment of all outstanding balances accrued through the termination date. In addition to any cancellation or change of service fees, if you terminate your service or change your service package, you may be subject to an early cancellation fee. Month to month service may be cancelled via telephone at (800) 909-9677; however cancellation of service must be confirmed in writing to the following address: Distant Networks, LLC, 8101 E. Prentice Avenue, Suite 700, Greenwood Village, CO 80111.
We may cancel your service at any time if Customer fails to pay all amounts when due, subject to grace periods, or if Customer breaches any other material provision of these Terms and Conditions. Upon termination by DN, Customer will still owe all outstanding balances accrued through the termination date. In addition, DN shall have the right to terminate your service if Customer does not accept any terms modified or changed by DN.
Payment Terms: Charges for subscription services are billed in advance, at our rates in effect at the time, from the date of subscription and payments are due on the due date shown on the invoice. Invoices will show: (1) purchases and any other charges to your account (2) the amount Customer owes at such time and (3) when the payment is due. The due date refers to current charges only, and does NOT extend the payment date for any previous billing. The full amount of any invoice is due each month, and the failure to make full payment within any grace period may result in a disconnection of your service. Service is subject to disconnection for past due balances. Partial payment will not prevent your services from being disconnected if full payment is not received by payment due date. Services not disconnected prior to the start date of any renewal will result in additional charges for the number of days the services remain active. If you think your invoice is incorrect, or if you need more information about an item on your invoice, you may call DN at (800) 909-9677 or you may contact our customer service department in writing at the address indicated below. Our invoices, however, are processed electronically and any messages you transmit with your invoice will be delayed in reaching DN. Please, include your account Number with all correspondence and mail separately to:
Distant Networks, LLC Correspondence Administrator 8101 E. Prentice Avenue, Suite #700 Greenwood Village, CO 80111
Customer agrees to pay DN's handling, service and all other charges for checks written to DN and returned unpaid by Customer's bank. Customer agrees to pay all reasonable costs and attorney's fees incurred by DN for collection of any amounts owed by Customer to DN. DN reserves the right to revise its service and rate structures at any time and from time to time at its sole discretion. We will endeavor to provide notice of such changes. Sales or other applicable taxes may be calculated and added to your programming charges, based on criteria established by your state tax codes, and shall be paid by Customer. Customer shall also be liable for various fees and service charges set forth below. All services ordered are non-cancelable and nonrefundable. Unused credit will remain on the account up to 180 days. If the credit is in excess of $10.00, DN will issue a refund. If under $10.00, refunds will only be issued upon written request by Customer. The failure by Customer to request such a refund shall result in the Customers account balance being reduced to $0 at the end of such 180 day period.
In addition to amounts owed for services, and taxes due on such amounts, Customer shall pay the following fees: \
(1) Activation Fee: We may charge you a fee of: (i) up to $50.00; or (ii) the maximum amount permitted under applicable law prior to or upon activation of your service account, whichever is less.
(2) Late Fees: If we do not receive your payment by the due date on your invoice, DN may charge Customer a late fee equal to the lesser of (i) up to $5.00; or (ii) the maximum amount permitted under and subject to applicable law per month or partial month until the delinquent amount is paid in full. Customer acknowledges that this fee is a reasonable charge and is intended to reimburse DN for costs incurred due to a late payment.
(3) Change of Service/Reinstatement Fee: If Customer changes their service package to a lower-priced package, DN may charge you a fee the lesser of (i) up to $10.00; or (ii) the maximum amount permitted by applicable law.
(4) Check by Phone Fee: If Customer elects to pay any outstanding balance over the telephone, DN may charge Customer the lesser of (i) up to $5.50; or (ii) the maximum amount permitted by applicable law.
(5) Cancellation Fee: If DN cancels your service or disconnects your service because of your failure to timely pay or for some other violation by Customer, DN may charge Customer a fee the lesser of (i) up to $25.00; or (ii) the maximum amount permitted by applicable law.
(6) Waiver Processing Fee. If you request DN assistance in attempting to procure a waiver from your affiliated network(s), you may be charged a non-refundable (regardless of whether the waiver is granted or denied by the network) waiver processing fee of $3.00, which will appear on your charge card statement.
(7) NSF Fee: If any bank or other financial institution refuses to honor any payment, draft or instrument submitted for payment to your account, we may charge you a fee equal to the lesser of (i) up to $25.00; or (ii) the maximum amount permitted by applicable law.
DN will send you an invoice once per month to cover all charges since the billing cutoff reflected in the prior invoice. Customers, who are on monthly auto-pay, may only receive the initial invoice. Service may be interrupted from time to time. DN shall not be responsible for any interruptions of service that occur due to any cause beyond DN reasonable control. If an interruption resulting from all DN negligence continues for more than 30 consecutive days, your payments shall abate thereafter until service is restored.
DN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES WITH RESPECT TO ANY SERVICE PROVIDED BY DN, REGARDLESS OF WHETHER DN IS NEGLIGENT. DN LIABILITY TO ANY CUSTOMER, SHALL BE LIMITED TO ACTUAL DAMAGES OR LOSSES NOT TO EXCEED THE AMOUNT CUSTOMER HAS PAID TO DN FOR SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. BY ACCEPTING DNSERVICE, CUSTOMER AGREES TO SUCH LIMITATION OF LIABILITY.
DN has the right to assign Customers account and/or your rights hereunder, without notice to Customer or consent from Customer, to a collection agency or similar organization, or, to assign all of DN rights hereunder to another party or entity as part of a sale of some or all of its assets or stock, as part of a merger, as part of a corporate reorganization or any similar transaction. Customer shall be, and remain, liable for all amounts owed to DN or its successors and assigns, and no assignment, transfer, sale or merger shall affect Customers liability hereunder.
These Terms and Conditions contain the entire agreement between DN and Customer, and the terms hereof may not be changed or modified by any agent or employee of DN. The terms of this Agreement that expressly or by their nature survive termination shall continue thereafter until fully performed.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without regard to any principle of conflict of laws. In any action brought by Customer arising out of, related to, or in connection with these Terms and Conditions, Customer consents to be subject to the exclusive jurisdiction and venue of the Arapahoe County District Court of the State of Colorado and the Supreme Court of the State of Colorado, waives any right to make an argument for forum non-conveniens to change venue, and waives any right of removal to any federal court. If any provision hereof is deemed unenforceable, the provision, or unenforceable part thereof shall be deemed to be deleted and the balance of these terms and conditions shall be enforced to the fullest extent permitted by law.