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.
- 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.
- 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 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.
- 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 7 below.
- 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.
- 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, 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.
- 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. 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. 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 fail to complete a signed three-year term will result in a $150 early termination and the retrieval of all Shawnee-provided equipment. Failure to allow retrieval of Shawnee-provided equipment will result in a $400 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.
- 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.
- Shawnee’s afﬁliates or subcontractors may perform some or all of Shawnee’s duties and/or obligations hereunder.
- To ensure proper installation, Shawnee will install service lines and jacks required to receive service. Installation may be scheduled Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. (excluding holidays). Installations that occur outside of standard business hours may incur additional fees. Scheduled maintenance shall be performed during a standard maintenance window on Tuesdays and Thursdays between 12 A.M. and 6 A.M. Central Time. No other notice of scheduled outages shall be provided to customers unless published at https://www.facebook.com/shawneecommunications.
- Subscriber is solely responsible for providing electrical power at its service location to power the products and services provided under this Agreement. Without regard to whether Shawnee makes backup batteries available for free or for sale, Subscriber remains solely responsible for having and maintaining backup batteries, including regular charging and maintenance. Shawnee will pass through manufacturer warranties to the extent allowed by the manufacturers but OTHERWISE PROVIDES NO INDEPENDENT REPRESENTATIONS OR WARRANTIES FOR backup BATTERIES AND RELATED EQUIPMENT THAT SHAWNEE PROVIDES OR SELLS. Shawnee provides each of our FTTH subscribers with an optical network terminal (ONT) capable of being supported by a backup battery pack that would temporarily maintain service to the ONT in the event of a power outage in your home or business. You should be aware, however, that it will maintain voice service only if you have a wireline telephone that operates without an exterior power source (that doesn’t have plug). Similarly, your router would need its own backup battery pack to maintain a wireless Internet connection to support any VoIP or Internet-based voice service, though a battery-powered computer (like a laptop) could also be wired directly to the ONT and provide service. Be aware that your ability to reach 911 or other emergency services during a power outage through your home telephone will require you to follow these wiring and equipment limitations. If you have a battery backup when Shawnee installs your fiber, we will advise you whether your home telephone phones can be configured to work with the battery backup.
A backup battery to your ONT will not provide power to any services not wired directly or indirectly into the ONT; your router, home security system, medical monitoring devices and other equipment will not run on the ONT’s backup battery.
Where to Obtain Your Battery Backup
Back up battery packs can normally be acquired where home electronics are sold. Back up battery packs come in a number of configurations and at a number of price points. You will want to pay attention to the advertised stand-by times as backup batteries can have significantly different capacities.
Instructions for Proper Care and Use of Your Battery
Improper storage of your battery may shorten its lifespan. Environmental factors such as temperature can shorten your battery’s lifespan. We recommend that you store your battery in a dry location that is between 41°F and 104°F. These batteries are rechargeable and are designed to be plugged into your own power while on stand‑by, but they will not last forever. You should replace them every 5 years or when your device starts to make a loud beeping sound. Loud beeping indicates that the battery is depleted and must be replaced. See the instructions above for purchase and replacement options.
If you have any questions regarding this information, please don’t hesitate to contact us.
- 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.
- Installation of fiber equipment: By signing this form, you are granting a Shawnee technician or contractor to install your new fiber optic Internet service at the below service address. This signed installation permission agreement releases Shawnee (including any contractor) from any liability related to damages that may be claimed because of the installation of your new fiber-optic service. This 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. The Installation of DSL service will be conducted by a Shawnee technician or contractor and could include but is not limited to the following: drilling an entry hole, installing and tacking cable on the inside and/or outside of the home or building, connecting our wiring to your existing telephone wiring and the installation of a modem/wireless router and ADSL filters.
- SMS/TEXTING: 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 1.800.461.3956.
- 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.