Shawnee Communications, or any of its affiliates (hereinafter “Shawnee”), will provide and Customer will purchase services indicated above on the Terms and Conditions set forth in this Agreement.

1. The Term Commitment shall begin as of the “Service Activation Date” defined herein as the date of service installation. Customer acknowledges that this Agreement is between Customer signing this Agreement and Shawnee, on behalf of itself and its affiliates and successors. Shawnee exercises no control over and accepts no responsibility for the content of the information passing through Shawnee’s host computers, network hubs, and points of presence (the “Shawnee Network”). EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7 BELOW, SHAWNEE (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of the information obtained via the Shawnee Network is at the Customer’s own risk. Shawnee specifically denies any responsibility for the accuracy or quality of information obtained through its services. Shawnee shall not be liable for any delay or failure in performance due to Force Majeure, which shall include, without limitations, acts of God, earthquakes, labor disputes, changes in law, regulation, or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond Shawnee’s reasonable control. In the event that one wireless router and one mesh unit does not provide reliable Wi-Fi coverage, Customers may need to order supplementary Shawnee internet services to be installed at alternative locations on their property in order to provide satisfactory connectivity. Customer is responsible and acknowledges 100% liability and responsibility for all customer network security systems, firewalls, and any other network security necessary to protect customers’ data, systems, or networks. Service may not be available in all areas. Actual downstream and upstream throughput speeds will vary. The downstream and upstream access speed or sync rate is measured between the network interface device at the customer’s location and the Central Office or Remote Terminal. Speed tests should be conducted with wired devices.
2. All use of the Shawnee Network and the service must comply with the then-current version of Shawnee’s Acceptable Use Policy (“AUP”), which is made a part of this Agreement and Shawnee reserves the right to amend this AUP available at www.shawnee.com/aup. Shawnee reserves the right to amend this AUP from time to time, effective upon posting the revised AUP at the URL or other notice to Customer. Shawnee reserves the right to suspend the service or terminate this Agreement effective upon notice for a violation of the AUP. Customer agrees to indemnify and hold harmless Shawnee from any losses, damages, costs, or expenses resulting from any third-party claim or allegation (“Claim”) arising out of or relating to use of the service, including any Claim, which, if true, would constitute a violation of the AUP. Descriptions of the domain name, mail, news services, and other network applications available in connection with this service are set forth at www.shawnee.com. Shawnee reserves the right to change these network settings and/or network applications from time to time, effective upon posting of the changes to that URL or other notice to the customer. Shawnee also reserves the right to record inbound and outbound calls for quality control and training purposes.
3. UNDER NO CIRCUMSTANCES SHALL SHAWNEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SERVICE OR PRODUCTS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. Notwithstanding anything to the contrary stated in this Agreement, Customer’s sole remedies for any claims relating to this service or the Shawnee Network are set forth in Section 4 below.
4. Notwithstanding anything to the contrary stated herein, Shawnee’s maximum liability hereunder will not exceed an amount equal to the total of the monthly recurring charges paid by Customer hereunder for the twelve (12) months preceding the month during which such liability arises.
5. Services provided by Shawnee are for the sole use of the Customer and not for resale or license of any nature whatsoever without prior written consent of Shawnee, which may be given or withheld at its sole discretion. Provisioning of Internet Service Provider (ISP) services directly or indirectly, by the customer, including Internet access, electronic mail services, web hosting or any other like kind services is strictly a violation of this Agreement. Any Internet Protocol numbers (“IP Numbers”) assigned to Customer by Shawnee in connection with the service shall be used only in connection with the service. In the event Customer discontinues use of a service for any reason, or this Agreement expires or is terminated for any reason, Customer’s right to use the IP Numbers shall terminate.
6. Billing for Shawnee service will commence as of the Service Activation Date. The Installation Charge and first month’s payment are due prior to the Service Activation Date. Customer will be billed at the advanced monthly rate indicated above based on the Terms and Conditions of this Agreement and as defined in the Acceptable Use Policy (“AUP”) set forth www.shawnee.com/aup. Shawnee reserves the right to change the rates by notifying Customer 30 days in advance of the effective date of the change. Payment is due 21 days after date of invoice. Accounts are in default if payment is not received within 21 days after date of invoice. If payment is returned to Shawnee unpaid, Customer is immediately in default and subject to a returned check charge of $35 from Shawnee. Customers who default on two payments within a 12-month period will be removed from applicable Auto Pay arrangements and their account will be restricted to cash-only payments. Accounts unpaid 21 days after date of invoice may have service interrupted or terminated, and reconnection fees and/or deposits may be required. Such interruption does not relieve Customer of the obligation to pay the Monthly Fee. Accounts in default are subject to any interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay Shawnee its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement. Prices are exclusive of any taxes which may be levied or assessed upon the equipment or services provided hereunder. Any such taxes shall be paid by Customer. Customers receiving paper monthly statements will incur a $3 monthly fee.  If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement. Internet prices are for service in the contiguous United States and do not include any local telephone service charges or network application fees.  Wireless subscribers who disconnect their service for any reason and fail to allow retrieval of Shawnee-provided equipment within 30 consecutive days from the day of disconnection will result in a $1,100.00 equipment replacement fee.  Damages to Shawnee’s fiber will be repaired by Shawnee technicians. The customer will be billed for the time and materials needed to repair damaged fiber that are the result of negligence, malice, or failure to have facilities located by calling 811.  Early termination of a 24-month contract will result in a $500 early termination fee if services are terminated prior to the beginning of the 13^th month of the term.  Services cancelled after the start of the 13^th month but before the completion of the 24^th month will result in a $250 early termination fee.  Military discount is available for residential Internet accounts upon the presentation of a DD 214 or Military ID.  Military discount is only available for non-contracted Internet rates.
7. Neither party may use the other party’s name, trademarks, trade names or other proprietary identifying symbols without the prior written approval of the other party. Neither party may assign this Agreement or any of its rights hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld, provided that Shawnee may assign this Agreement or any of its rights hereunder to an affiliate or successor without Customer’s written consent. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
8. Shawnee’s affiliates or subcontractors may perform some or all of Shawnee’s duties and/or obligations hereunder.
9. To ensure proper installation, Shawnee will install service lines and jacks required to receive service. Installations are scheduled Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. CST (excluding holidays). Installations that occur outside of standard business hours may incur additional fees. All service interruptions caused by components of our network will be repaired at no cost.  If a technician is dispatched to resolve an issue that is not caused by our network, a $50 service fee will be applied if the technician is dispatched during normal business hours.  The service fee will be $100 if a technician is dispatched outside of normal business hours.  Scheduled maintenance shall be performed as needed between the hours of 12 A.M. and 6 A.M. CST. No other notice of scheduled outages shall be provided to customers unless published at https://shawnee.com/maintenance-and-outages/.
10. This Agreement supersedes all previous and contemporaneous written and oral representations, understandings, or agreements related to the subject matter herein and shall prevail notwithstanding any variance with terms and conditions or any order submitted. Acceptance of this Agreement by Shawnee may be subject, in Shawnee’s absolute discretion, to the satisfactory completion of a credit check. Activation of service shall indicate Shawnee’s acceptance of this Agreement.
11. Installation of fiber equipment: By signing Shawnee’s service agreement, you are granting a Shawnee technician or contractor to install fiber optic or Wireless Internet service at your service address, and releases Shawnee (including any contractor) from any liability related to damages that may be claimed because of the installation of your fiber optic or Wireless service. The fiber installation process could include, but is not limited to, the following: drilling an entry hole, tacking cable on the outside of the house or building, mounting a small fiber splice box on the side of the house or building, attaching service drop to the house or building, tacking cable inside the house or building, constructing (plowing, digging and or burying) a premises line from your structure to our designated connection point. The installation process for Wireless service will be conducted by a Shawnee technician or contractor and could include but is not limited to the following: drilling an entry hole, installation of a ground wire, tacking cable on the outside of the house or building, mounting an outdoor access point to the house or building, and tacking cable inside the house or building that terminates to a wireless router. Each Wireless service is required to maintain, at a minimum, a 3,000 Joule surge suppression device. A surge suppression device and wireless router will be provided by Shawnee as part of the installation.
12. By subscribing to Shawnee Communications service, you agree that we can text you with service-related, marketing, or promotional messages. For example, if we have an outage or maintenance in your area, we will be able to text you this information. If you receive a text message from us, you may unsubscribe by replying “STOP” at any time. To resubscribe, text “UNSTOP.” For help, text “HELP.” Message and data rates may apply. Message frequency varies. For questions, please contact us at custserv@shawneetel.com or at 800.461.3956.
13. In 2003, the Do-Not-Call Act was signed into law. This legislation allowed for the establishment and enforcement of a national Do-Not-Call Registry, giving consumers a choice regarding telemarketing calls. If your number is listed on the registry, all commercial telemarketers, except for businesses with whom you have an existing relationship or certain non-profit and political organizations, are not allowed to call you. Consumers may register their residential telephone number, including wireless numbers, on the national Do-Not-Call Registry at no cost.  You can register on-line for the national Do-Not-Call Registry via the internet at https://www.donotcall.gov To contact the registry by telephone, consumers may call 1-888-382-1222.  For TTY, call 1-866-290-4236. Inclusion of your telephone number on the national Do-Not-Call Registry will be effective 31 days after registration. Your number will remain on the registry permanently. You are allowed to remove your number from the registry at any time.

USDA is an equal opportunity provider, employer, and lender. Shawnee is an equal opportunity provider and employer.

El Departamento de Agricultura de Estados Unidos (USDA) es un proveedor, empleador y prestador que ofrece igualdad de oportunidades. Shawnee es un proveedor, empleador y prestador que ofrece igualdad de oportunidades.