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E911 NOTICE TO ALL NEW AND
EXISTING CUSTOMERS
EMERGENCY SERVICES - 911 Service
Non-Availability of Traditional 911 or E911
Service.
END USER MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING
EMERGENCY SERVICES. END USER acknowledges and understands that
COMPANY does NOT support traditional 911 and E911 access to
emergency services. The limited emergency response service provided
by us differs in a number of important ways from traditional 911
and E911 as explained further below. END USER must maintain an
alternate means of accessing traditional emergency response
services.
END USER acknowledges and understands that our 911 Service
cannot be used in conjunction with a Soft Phone or
non-interconnected Virtual Numbers (virtual numbers not associated
with a DID and therefore cannot receive calls from a PSTN line).
Our 911 Service is not automatic; END USER must separately take
affirmative steps, as described in this Agreement and on our
website, to register the address where END USER will use the
Services in order to activate the 911 feature. END USER must do
this for each interconnected virtual number that END USER obtains.
The 911 Service is different in a number of important ways from
traditional 911 or E911 service as described on our website page
for E911 Service and below. END USER shall inform any household
residents, guests and other third persons who may be present at the
physical location where END USER utilize the Service of (i) the
non-availability of traditional 911 or E911, and (ii) the important
differences in and limitations of the our 911 service as compared
with traditional 911 or E911 Service. The documentation
that accompanies each Device that END USER purchase should include
a sticker concerning the potential non-availability of traditional
911 or E911 Service (the "911 Sticker"). It is your responsibility,
in accordance with the instructions that accompany each Device, to
place the 911 Sticker on each Device that END USER use with the
Service. If END USER did not receive a 911 Sticker with your
Device, or END USER require additional 911 Stickers, please contact
our customer care department.
Registration of Physical Location Required.
END USER acknowledges and understands that for each
interconnected virtual number that END USER use for the Service,
END USER must register with the physical location where END USER
will be using the Service with that virtual number. When END USER
moves the Device to another location, END USER must register your
new location. If END USER do not register your new location, any
call END USER make using the 911 Service feature may be sent to an
emergency center near your old address. END USER will register your
initial location of use when END USER subscribes to the Service.
Thereafter, END USER may register a new location by logging into
your control panel and clicking on the "update 911 info" button
located next to your virtual number on the "DID Numbers" page. For
purposes of the 911 features, END USER may only register one
location at a time for each phone line END USER use with the
Service.
Confirmation of Activation Required.
END USER acknowledges and understands that your 911 Service will
not be activated for any phone line that END USER are using with
the Service, unless and until END USER has submitted a verified
address.
How Emergency Personnel are contacted.
END USER acknowledges and understands that COMPANY contracts
with a third party to use the address of your registered location
to determine the nearest emergency response center and then forward
your call to a general number at that center. When the center
receives your call, the operator will have the address END USER
entered in our 911 database as well as your DID number that END
USER associated with your virtual number. If END USER has not
provided this information, END USER must provide your address and
phone number in order to get help. In order to allow the emergency
operations center personnel to call END USER back if necessary,
COMPANY immediately disables any call forwarding that END USER may
have established in your account. Some local emergency response
centers may decide not to have their general numbers answered by
live operators 24 hours a day. If COMPANY learns that this
is the case, COMPANY will send your call instead to a national
emergency calling center and a trained agent will contact an
emergency center near END USER to dispatch help. END USER
hereby authorize us to disclose your name and address to
third-party service providers, including, without limitation, call
routers, call centers and public service answering points, for the
purpose of dispatching emergency services personnel to your
registered location.
Service Outages.
(a) Service Outages Due to Power Failure or Disruption. END USER
acknowledges and understands that 911 Service does not function in
the event of a power failure or disruption. If there is an
interruption in the power supply, the Service, including 911
Service, will not function until power is restored. Following a
power failure or disruption, END USER may need to reset or
reconfigure the Device prior to utilizing the Service, including
911 Service.
(b) Service Outages Due to Internet Outage or Suspension or
Termination of Broadband Service or ISP Service. END USER
acknowledges and understands that service outages or suspensions or
terminations of service by your broadband provider or ISP will
prevent all Service, including 911 Service, from functioning.
(c) Service Outage Due to Suspension or Termination of Your
Account.
END USER acknowledges and understands that service outages due
to suspension or termination of your account will prevent all
Service, including 911 Service, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of
Ports or Other Acts. END USER acknowledges and understands that
your ISP or broadband provider or other third party may
intentionally or inadvertently block the ports over which the
Service is provided or otherwise impede the usage of the Service.
In that event, provided that END USER alerts us to this situation,
COMPANY will attempt to work with END USER to resolve the issue.
During the period that the ports are being blocked or your Service
is impeded, and unless and until the blocking or impediment is
removed or the blocking or impediment is otherwise resolved, your
Service, including the 911 Service feature, may not function. END
USER acknowledges that COMPANY is not responsible for the blocking
of ports by your ISP or broadband provider or any other impediment
to your usage of the Service, and any loss of service, including
911 Service, that may result. In the event END USER lose service as
a result of blocking of ports or any other impediment to your usage
of the Service, END USER will continue to be responsible for
payment of the Service charges unless and until END USER terminate
the Service in accordance with this Agreement.
(e) Other Service Outages. END USER acknowledges and understands
that if there is a Service outage for any reason, such outage will
prevent all Service, including 911 Service, from functioning. Such
outages may occur for a variety of reasons, including, but not
limited to, those reasons described elsewhere in this
Agreement.
Re-Verifying Your Address is Required if END
USER
Change Your Number or Add or Port New Numbers. END USER
acknowledges and understands that 911 Service does not function if
END USER change your phone number or if END USER add or port new
phone numbers to your account, unless and until END USER
successfully register your location of use for each changed, newly
added or newly ported phone number.
Network Congestion; Reduced Speed for Routing or
Answering 911 Service Calls.
END USER acknowledges and understands that there may be a
greater possibility of network congestion and/or reduced speed in
the routing of a 911 Service call made utilizing the Service as
compared to traditional 911 Service over traditional public
telephone networks.
Possible Lack of Automatic Number
Identification.
END USER acknowledges and understands that it may or may not be
possible for the local emergency personnel to automatically obtain
your phone number when END USER use 911 Service. Our system is
configured to send the automatic number identification information;
however, one or more telephone companies, not us, route the traffic
to the emergency response center and that center may not be capable
of receiving and passing on that information. As a result, the
operator who answers your 911 Service call may not be able to
automatically obtain your phone number and call END USER back if
the call is not completed or is not forwarded, is dropped or
disconnected, if END USER are unable to speak to tell the operator
your phone number, or if the Service is not operational for any
reason.
No Automated Location Identification.
END USER acknowledges and understands that in most service
areas, it is not possible at this time to transmit to the local
emergency response center the address that END USER registered for
911 Service. END USER will need to state the nature of your
emergency promptly and clearly, including your location (and
possibly your telephone number), as the operator may not have this
information. Emergency personnel will not be able to find your
location if the call is not completed or is not forwarded, is
dropped or disconnected, if END USER are unable to speak to tell
the operator your location, or if the Service is not operational
for any reason.
Disclaimer of Liability and
Indemnification.
END USER acknowledges and understands that COMPANY do not have
any control over whether, or the manner in which, calls using our
911 Service are answered or addressed by any local emergency
response center. COMPANY disclaims all responsibility for the
conduct of local emergency response centers and the national
emergency calling center.
END USER acknowledges and understands that COMPANY rely on third
parties to assist us in routing 911 Service calls to local
emergency response centers and to a national emergency calling
center. COMPANY disclaims any and all liability or responsibility
in the event such third party data used to route calls is incorrect
or yields an erroneous result. Neither our company, nor its
officers or employees, may be held liable for any claim, damage, or
loss, and END USER hereby waive any and all such claims or causes
of action, arising from or relating to our 911 Service unless such
claims or causes of action arose from our gross negligence,
recklessness or willful misconduct. END USER shall defend,
indemnify, and hold harmless our company and or any of our
subsidiaries, its officers, directors, employees, affiliates and
agents and any other service provider who furnishes services to END
USER in connection the Service, from any and all claims, losses,
damages, fines, penalties, costs and expenses (including, without
limitation, attorneys fees) by, or on behalf of, END USER or any
third party relating to the absence, failure or outage of the
Service, including 911 Service, incorrectly routed 911 Service
calls, and/or the inability of any user of the Service to be able
to use 911 Service or access emergency service personnel.
Alternate 911 Arrangements.
END USER acknowledges and understands that COMPANY strongly
encourages END USER to have an alternate means of accessing
traditional 911 or E911 services or terminating the Service.
COMPANY does not recommend END USER rely on a non-traditional 911
service in an emergency.
911 Fees.
END USER acknowledges and understands that COMPANY charge a fee
of $25.00 US Dollars for each call made to the 911 Service. This is
to cover the cost of the service that COMPANY must pay when COMPANY
connect such calls.
Abuse.
END USER acknowledges and understands that while our 911 Service
is not traditional 911, abusing the 911 Service, making false or
prank calls to a 911 service is still a crime. If END USER commits
such acts, your account will be terminated and END USER may be
prosecuted by your local and state governments.
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