BEFORE USING THE SERVICES PLEASE READ THESE END USER TERMS OF SERVICE (THESE “TERMS”). THESE TERMS ARE INCORPORATED BY REFERENCE INTO THE PROPOSAL EXECUTED BY ENTITY IDENTIFIED AS THE “CUSTOMER” IN THE PROPOSAL (“CUSTOMER”). PURSUANT TO THESE TERMS, CUSTOMER SHALL HAVE THE RIGHT TO USE THESE SERVICES. THESE TERMS AND THE PROPOSAL TOGETHER FORM A BINDING AGREEMENT BETWEEN CUSTOMER AND ADVANCED COMMUNICATIONS, INC. dba DATATEL CLOUD (“DATATEL CLOUD”), EFFECTIVE AS OF THE DATE OF CUSTOMER’S EXECUTION OF THE PRODUCT PURCHASE AGREEMENT. CUSTOMER IS ADVISED TO READ SECTION 7 CAREFULLY BEFORE USING THE SERVICE. THIS SECTION EXPLAINS THE OPERATION AND LIMITATIONS OF VOIP E911 EMERGENCY CALLS.
These Terms of Service govern and apply to Customer’s use of the DataTel Cloud Services and Equipment provided by us.
1.0 Installation, Initiation and Service. DataTel Cloud will begin installation, initiation and Service only after DataTel Cloud receives and accepts the following: (1) a duly executed Proposal; and (2) any amounts payable in advance in accordance with the applicable Proposal. Customer agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any discussions, oral or written public comments made by DataTel Cloud with respect to future functionality or features. DataTel Cloud’s system will not auto configure and activate add-on services, which is the responsibility of the Customer to activate.
1.1 Service Fees. Customer agrees to pay all monthly service charges, installation charges, set -up charges, usage- based charges, rental fees and other charges and fees (collectively, “Service Fees”) agreed to in each Proposal in the manner indicated therein.
1.2 Invoicing. Customer will be invoiced a month in advance for non-usage-based charges and in arrears for all usage- based charges unless otherwise indicated in the Order Form. DataTel Cloud will begin charging for all of the Services on the Final Activation Date (as defined in the Order Form), except that if some or all of the Services are activated by Customer on an earlier date, then DataTel Cloud will begin charging for those activated Services on the date they are activated (the “Initial Activation Date”). If any Services are activated between the Initial Activation Date (if any) and the Final Activation Date, DataTel Cloud will begin charging for those Services on the date of activation of those Services. DataTel Cloud will begin charging for all Services on the Proposal no later than the Final Activation Date. The “Service Activation Date” for a Customer shall be either the Initial Activation Date (if any) or the Final Activation Date. Services shall be deemed accepted by Customer on the Service Activation Date. DataTel Cloud will notify Customer in accordance with the information provided by Customer or in DataTel Cloud’s website Customer Portal. DataTel Cloud will begin charging for any Services added to the Proposal after the Final Invoicing Date as they are activated. If an ordered circuit is not available for use on the Final Activation Date and this unavailability is not due to Customer’s action or inaction or failure to provide required information, and Customer and DataTel Cloud have agreed that Customer does not wish to start using the Services without using such circuit, then DataTel Cloud may delay the Final Activation Date until such circuit is delivered and available for use. In addition, for certain Services, DataTel Cloud retains the right to delay the Final Activation Date in accordance with DataTel Cloud’s normal business practices.
1.3 Payment. Unless otherwise stated in the Order Form, Service Fees are due 30 days from the date of the invoice. All Service Fees are quoted in United States currency and are based on Services ordered. Any payment not received from the Customer by the due date shall accrue (except with respect to charges then under reasonable and good faith dispute), the rate of eighteen percent (18%) per annum on the entire unpaid balance from the date of default until paid. Customers are responsible for reviewing invoices for accuracy. To dispute a charge, Customer shall open a case with DataTel Cloud’s Support team within ninety (90) days of the date of invoice containing the disputed charge, setting forth the amount and the basis of the dispute in reasonable detail. Failure to so dispute a charge within such 90-day period shall constitute an irrevocable waiver of Customer’s right to dispute the charge.
1.4 Suspension of Service. If any Customer account is thirty (30) days or more overdue (except with respect to charges then under reasonable and good faith dispute) DataTel Cloud reserves the right to suspend or disable the Services, after providing notice to Customer without liability to DataTel Cloud, until such account is paid in full.
1.5 Taxes and Regulatory Fees. Unless otherwise stated in the Order Form, Customer shall be responsible for all sales, use, value added, withholding or other taxes or dutiesDataTel Cloud, with respect to the Services ordered. In addition to any taxes imposed by the government or regulatory agencies, DataTel Cloud reserves the right to charge other authorized regulatory fees, including, without limitation, E911 service fees, universal service fees, and regulatory recovery fees (“Fees”). Any imposition, modification or increases in Fees by a government or regulatory agency or that are intended to recover costs associated with government or regulatory programs shall become effective upon prior notice to Customer.
2.0 Other Networks; Approval and Usage. The Services require the ability to transmit data through third party networks and carriers, public and private (“Third Party Networks”). Customer acknowledges that use of or presence of
Third Party Networks may require approval of the owners or operators of such Third Party Networks, and will be subject to the terms and conditions of such Third Party Networks. Customer understands that DataTel Cloud does not own or control the Third Party Networks, and agrees that DataTel Cloud shall not be responsible or liable for the performance or non-performance of the Third Party Networks, or within interconnection points between the Service and the Third Party Networks.
3.0 Term of the Agreement. This Agreement commences on the date DataTel Cloud receives an executed Proposal and continues until all Services expire or this Agreement is mutually terminated by the parties.
3.1 DataTel CloudDataTel Cloud Service Order Term. The term of each Service Order will commence on the service activation date for each new service (“Service Activation Date”) and will continue for the period of time specified in that Service Order or until the Service Order has been renewed. Upon expiration of the initial Service Order Term and the Service Order has not been renewed, the Service Term will automatically renew for one (1) year periods (collectively, the “Service Term”) until the Services are terminated by either Party upon at least thirty (30) days written notice prior to the end of the current Service Term. Customer shall continue to be responsible for payment to DataTel Cloud for the Services to be terminated through the end of the thirty (30) day notice period and after termination of Services, Customer will be sent a final invoice with charges for usage incurred through the end of the Services. Following the initial Service Term stated in any Service Order, DataTel Cloud reserves the right to increase rates for any Services provided thereunder upon at least thirty (30) days’ notice.
FOR AVOIDANCE OF DOUBT, if Customer does not provide a termination notice or if a notice is not timely (i.e., notice is provided less than 30 days before the end of the current ServiceTerm), Customer’s Term of Service shall auto- renew and Section 3.3 shall apply.
If, during the Initial Term or any Renewal Term, Customer adds any additional services to its use of the Service or upgrades or downgrades Profiles, the amount of Customer’s monthly recurring charges shall increase the sum set forth in the original Customer Service Proposal (the “New Service Monthly Commitment”). And, the Term for any such additional Services or amendments for add- on locations shall be coterminous with the Initial Term or any Renewal Term in effect at the time.
3.2 Termination of the Agreement. This Agreement and any Services may be terminated by either party for cause: (a) upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (b) if either party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
3.3 Early Termination. If Customer wishes to terminate the Services under this Agreement prior to the expiration of the current Term or any subsequent Renewal Term and such termination is not due to DataTel Cloud’s breach, the greater of (a) all recurring charges on the most current invoice and (b) the New Services Monthly Commitment in either case multiplied by the number of months remaining through the end of the Term in effect at the time, including all applicable taxes and any outstanding amounts (“Early Termination Fee”) shall be due and payable within thirty (30) days of the effective date of termination. The parties agree that this Early Termination Fee is a reasonable estimate of anticipated actual damages and not a penalty.
4.0 Rules of Use. Customer must at all times comply with all applicable federal, state and local laws. If DataTel Cloud becomes aware of illegal use of the Services, facilities, network or third party networks accessed through DataTel Cloud’s network (including, in any case and without limitation, any use contrary to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512), or DataTel Cloud otherwise receives notice or have reason to believe such use may be occurring, then Customer will cooperate in any resulting investigation by DataTel Cloud or government authorities. Any government determinations will be binding on Customer. If Customer fails to cooperate with any such investigation or determination, or fails to immediately rectify any illegal use, DataTel Cloud may immediately suspend the Service without further liability to DataTel Cloud. Upon notice to Customer, DataTel Cloud may modify or suspend the Service as necessary to protect its networks, customers or comply with any law or regulation. Under no circumstances will Customer take any actions in connection with its use of the Service that could result in any harm or damage to the network, any third-party network(s), DataTel Cloud’s premises, any of DataTel Cloud equipment or any other DataTel Cloud customer.
5.0 Fraud. Customer agrees to notify DataTel Cloud promptly if it becomes aware of any fraudulent or unauthorized use of its account, Service, or Equipment. DataTel Cloud shall not be liable for any damages whatsoever resulting from fraudulent or unauthorized use of Customer’s account and the payment of all charges to Customer’s account shall be and remain the responsibility of Customer.
6.0 Service Levels. DataTel Cloud will use commercially reasonable efforts to minimize service disruptions and outages. If during Customer’s Service Term, the Actual Uptime Percentage during any calendar month is lower than 99.99%, Customer’s sole remedy, and DataTel Cloud’s sole obligation, shall be to provide the service level credits and/or remedies for the applicable Service in accordance with the table set forth below. However, Customer must request a credit in writing within ten (10) calendar days of the Downtime. DataTel Cloud will give Customer a credit with respect to the Service fees paid by Customer for that month for the Services that were affected by the Downtime in Customer’s next monthly invoice.
|Actual Uptime Percentage||Service Credit Percentage|
|99.50% to 99.98% (inclusive)||5% credit|
|99.00% to 99.49% (inclusive)||10% credit|
|< 99.00%||15% credit|
7.0 E911 Service. By use of the Service, Customer acknowledges the limitations of E911 service as outlined in the IMPORTANT E911 NOTICE FOR VoIP CUSTOMERS, attached hereto and incorporated herewith. By accepting this Agreement, Customer acknowledges that it has received the information regarding the limitations of E911 services, understands them, and assumes the risks associated with the E911 limitations DataTel Cloud may disclose to the FCC that Customer has acknowledged the E911 Disclosure by virtue of Customer having accepted this Agreement. DataTel Cloud may update the E911 Policy from time to time upon notice to Customer.
8.0 Equipment. If so indicated on any Proposal, DataTel Cloud may lease or sell certain equipment to Customer. Such equipment shall be listed on the Proposal and/or on any other form signed by Customer (such rented equipment the “Equipment”). Any Equipment rental or purchase shall be subject to the terms and conditions set forth in the Proposal. Customer shall be solely responsible and liable for user’s compliance with this Agreement and the proper use of the Equipment and the Services.
9.0 Confidentiality. As used herein, “Confidential Information” means all confidential information of a party (“Disclosing Party“) disclosed to the other party (“Receiving Party“) that is designated in writing as confidential as well as the terms and conditions of this Agreement. Confidential Information shall not include information which: (a) is known publicly; (b) is generally known in the industry before disclosure; (c) has become known publicly, without fault of the Receiving Party, subsequent to disclosure by the Disclosing Party; or (d) has been otherwise lawfully known or received by the Receiving Party. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, except with the Disclosing Party’s prior written permission. The Receiving Party agrees to keep confidential all Confidential Information disclosed to it by the Disclosing Party, and to protect the confidentiality thereof in the same manner as it protects the confidentiality of its own (at all times exercising at least a reasonable degree of care in the protection of Confidential Information). If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. The Receiving Party agrees that monetary damages for breach of confidentiality hereunder may not be adequate and that, if necessary, the Disclosing Party shall be further entitled to seek injunctive relief.
10.0 Call Monitoring. Customer understands and agrees that calls may be captured, recorded and/or monitored for troubleshooting and customer service purposes. A review of call captures and recordings will be done only when requested on specific telephone numbers and only by authorized DataTel Cloud staff for the purposes of identifying problems.
11.0 Resale. Customer represents and warrants that it will be the end user of the Services. Customer shall not in any way resell, license or permit or suffer any third party to use the Services without receiving DataTel Cloud’s prior written consent.
12.0 Disclaimer of Warranties. Except as expressly provided herein, Customer acknowledges and agrees that the Services are provided on an “As Is”, as available basis. Other than as expressly provided herein, DATATEL CLOUD DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR, NON-INFRINGEMENT OR TITLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. DataTel Cloud does not warrant that the Services will meet the Customer’s requirements or that the operation of the Services will be uninterrupted or error- free. Further, DataTel Cloud does not warrant that all errors in the Services can be corrected.
12.1 Disclaimer of Third Party Actions and Control. Customer acknowledges and agrees that DataTel Cloud does not and cannot control the flow of data between DataTel Cloud’s network and Third Party Networks. Such flow depends on the performance of Third Party Networks and the services provided or controlled by third parties. Action or inactions caused by these Third Party Networks can produce situations in which customer connections may be impaired or disrupted. Although DataTel Cloud will use commercially reasonable efforts to remedy and avoid such events, DataTel Cloud cannot issue any warranties over these Third Party Networks or any disruptions that may occur. THEREFORE, WITHOUT LIMITING THE GENERALITY OF SECTION 12.0 ABOVE, DATATEL CLOUD DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THE PERFORMANCE, NONPERFORMANCE OR INCORRECT PERFORMANCE OF THIRD PARTY NETWORKS.
13.0 Limitation of Liability IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS OR REVENUE. UNDER NO CIRCUMSTANCES WILL DATATEL CLOUD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, and TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’s ACCOUNT OR THE INFORMATION CONTAINED THEREIN. DATATEL CLOUD’S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID AND/OR DUE BY THE CUSTOMER DURING THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation set forth in this section may not apply to Customer. However, and notwithstanding the provisions of this Section 13, the parties agree that neither party will be liable for breach-of-contract damages that the breaching party could not reasonably have foreseen on entry into this Agreement. No action against either party arising out of these Terms may be brought by the other party more than one year after the cause of action has arisen.
14.1 DataTel Cloud’s Indemnification of Customer. DataTel Cloud shall indemnify and hold harmless the Customer against any loss, damage or cost (including reasonable attorney’s fees) incurred in connection with claims, demands, suits or proceedings (“Claims”) made or brought against Customer by a third party arising from damage to tangible personal property located at, or from injury to or the death of any person occurring at, Customer’s premises that result from any negligent or willful acts or omissions of DataTel Cloud or of any agent, employee or contractor of DataTel Cloud that occur in the course of the performance of any Service installation or maintenance work at the Customer’s premise.
14.2 Customer’s Indemnification of DataTel Cloud. The Customer agrees to indemnify and hold DataTel Cloud harmless against any loss, damage or costs (including reasonable attorney’s fees) incurred in connection with Claims made or brought against DataTel Cloud by a third party arising from or relating to: (i) any act, error, omission, fault, negligence, or misconduct of Customer or any user of the Service or Equipment; (ii) Customer’s material breach of the Rules of Use; (iii) any claim by any employee or invitee of Customer or user other than a claim based on the gross negligence or willful misconduct of DataTel Cloud; (iv) any claim by any customer of Customer, User, or any other third party relating to, or arising from, Customer’s use of the Services or Equipment; or (v) violation of any law or regulation by Customer, any User, or any Customer employee, contractor, or agent.
14.3 Mutual Provisions. Each party’s indemnity obligations are subject to the following: (i) the aggrieved party shall promptly notify the indemnifier in writing of the Claim; (ii) the indemnifier shall have sole control of the defense and all related settlement negotiations with respect to the Claim (provided that the indemnifier may not settle or defend any Claim unless it unconditionally releases the aggrieved party of all liability); and (iii) the aggrieved party shall cooperate fully to the extent necessary, and execute all documents necessary for the defense of such Claim.
15.0 Force Majeure. Neither party will be liable for any failure or delay in its performance under the Agreement, due to any cause beyond its reasonable control, including any act of war, act of God, earthquake, flood, embargo, riot, sabotage, terrorist attack, cyber-attack (hacking and DDOS), acts of public enemies, civil disturbances or general restraint or arrest of government and people, boycott, strike (including a general strike), lockout or other similar industrial disturbance, service interruption by a telecommunications services provider, or connectivity delays with internet providers outside of DataTel Cloud’s reasonable control, provided that the delayed party (a) gives the other party prompt notice of such cause and (b) uses reasonable commercial efforts to correct promptly such failure or delay in performance.
16.0 No Lease. Except as otherwise provided herein, the Agreement is a services agreement and is not intended to and will not constitute a lease of any real or personal property. In particular, Customer acknowledges and agrees that Customer has not been granted any interest whatsoever (leasehold or otherwise) in any premises, real or personal property, equipment or servers of DataTel Cloud or in any personal property or server space leased by DataTel Cloud (except for the Equipment rental), and Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances.
17.0 Government Regulations. Customer will not use DataTel Cloud’s network or the Services to export, re- export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations to whose jurisdiction Customer is subject.
18.0 Assignment. Customer may not assign its rights or delegate its duties under the Agreement either in whole or in part without the prior written consent of DataTel Cloud, except to a party that acquires all or substantially all of Customer’s assets as part of a corporate merger or acquisition. The Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
19.0 Choice of Law, Waiver of Jury Trial. This Agreement and any issues or disputes arising out of, relating to, or in any manner in connection with it (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Idaho, without giving effect to its conflict of laws principles. In the event of any dispute arising out of this Agreement or any action to enforce the terms hereof, the parties expressly submit to jurisdiction and agree to venue in the Fourth Judicial District of the State of Idaho, located in Ada County, Idaho, and irrevocably and unconditionally waive any right to argue that any such court constitutes an inconvenient forum. Customer irrevocably and unconditionally waives the right to a jury trial in connection with any claim arising out of or related to this Agreement or Proposal.
20.0 Entire Agreement. These Terms of Service and any Proposal represent the complete agreement and understanding of the parties with respect to the subject matter hereof and supersede, to the extent of any conflict, any other agreement or understanding, written or oral, between the parties with respect to the subject matter hereof. In the event of an inconsistency between the terms and conditions of the Proposal, these Terms of Service shall govern. Both parties represent and warrant that they have full corporate power and authority to execute and deliver each Proposal and to perform their obligations under the Agreement and that each person whose signature appears on any Proposal are duly authorized to execute such document on behalf of the respective party.
21.0 Surviving Provisions. The parties agree that any limitations of liability, exclusions, and disclaimers of warranties and indemnification obligations are essential to the parties’ entering into this Agreement; will survive the termination of the Agreement and will apply even if the Agreement is found to have failed of its essential purpose.
IMPORTANT E911 NOTICE FOR VoIP CUSTOMERS
The rules of the Federal Communications Commission (“FCC”) require Interconnected Voice Over Internet Protocol (“VoIP”) service providers, like DataTel Cloud Cloud Services, Inc (“Service Provider”), to, inform its customers, like you of any differences between VoIP Enhances 911 access capabilities available with Service Providers VoIP service (the “VoIP E911 Service”) as compared to the basic 911 of E911 Service available with traditional wire-line telephone service. It is important that you understand how these differences may affect your ability to access VoIP E911 Services. We ask that you carefully read this E911 Notice. If you have any questions or concerns about the information contained in this Notice, or if you do not understand anything discussed in this Notice, please contact us at (208) 275-8999 .
The FCC’s rules also require Service Providers to obtain and keep a record on file showing that you have received and understood this E911 Notice. By signing the E911 Acknowledgment below you affirmatively acknowledge that (1) you have read and understood this E911 Notice, (2) you understand that you may not be able to contact emergency services by dialing 9-1-1 using Service Provider’s VoIP E911 Service, and (3) you undersand that you must inform all Users of Service Provider’s VoIP E911 Service that they may not be able to contact emergency services by dialing 9-1-1 using Service Provider’s VoIP E911 Service.
CUSTOMER RESPONSIBILITIES. Customer must correctly identify the actual physical service address where each VoIP device will be located if different from the address listed in the Service Quote and/or Proposal. Failure to do so may result in fire, police, or emergency personnel either not be able to find the Customer’s location or may significantly delay their response time. Additionally, Customer may incur additional costs, fines or other penalties, including service provider charges, resulting from improper dispatch of emergency service or calls to emergency service dispatchers where Customer has failed to correctly identify the actual service address. Should Customer wish to move its Service, Customer must update the Registered Location at least ten (10) days prior to Customer’s move to avoid delays and loss of emergency services. Customer is solely responsible for providing up-to-date and accurate physical location information through the methods made available by Service Provider for this purpose. If Customer moves the VoIP device to another location and does not update Customer’s physical location, Customer’s 911 calls may be sent to an emergency services center associated with Customer’s old address.
LIMITATIONS OF 911 EMERGENCY DIALING. CUSTOMER ACKNOWLEDGES THAT VOIP E911 SERVICES HAS CERTAIN LIMITATIONS, WHICH CUSTOMER MUST UNDERSTAND BEFORE ORDERING: (i)VoIP E911 Service only functions if Customer is using an approved VoIP device, equipment or software and after the Service Order has been processed and Customer has received a 911 service confirmation. If Customer uses non-approved equipment or software or attempts to access VoIP E911 Service prior to confirmation, VoIP E911 Service may fail; (ii) even though Customer may be able to make outbound calls immediately after installing the VoIP device, provisioning of VoIP E911 Service may take additional time to complete. If Customer attempts to make VoIP E911Service calls before receiving a 911 service confirmation (or prior to completion of VoIP E911 Service provisioning), calls to 911 may fail or may be forwarded to an non-public, backup emergency answering service; and (iii) after VoIP E911 Service is provisioned, emergency personnel may not have Customer’s Registered Location and/or Customer’s phone number on file, so each of Customer’s Users should be prepared to provide that information in the event Customer requires emergency service and dial “911.” VoIP E911 Service will not function if: (i) Customer’s VoIP device fails or is not configured correctly; (ii) if Customer’s service is not working for any reason, including, but not limited to, a power outage, broadband service outage, network congestion, suspension or disconnection of Customer’s Service, broadband connection, or electrical power because of non-payment or late payment; or Customer fails to meet the minimum technical service requirements. FOLLOWING A POWER OUTAGE, CUSTOMER MAY NEED TO RESET OR RECONFIGURE CUSTOMER EQUIPMENT PRIOR TO BEING ABLE TO USE THE SERVICE, INCLUDING VOIP E911 SERVICE. In certain limited cases, Customer’s VoIP 911 call will not be routed to the “traditional” wireline 911 dispatch center, Instead, it will be routed to a wireless telephone emergency dispatch center that may not normally receive 911 calls from Customer’s Registered Location. In this case, emergency personnel will not have Customer’s registered Location and/or Customer’s phone number on file, so Customer should be prepared to provide that information in the event Customer required emergency service and dial “911.” IF THE CALL IS DISCONNECTED FOR ANY REASON, EMERGENCY PERSONNEL WILL HAVE NO WAY TO CONTACT CUSTOMER OR DETERMINE CUSTOMER’S IDENTITY OR LOCATION, SO CUSTOMER SHOULD RE-DIAL “911” IMMEDIATELY IF ANY OF THE FOLLOWING OCCUR: (i)”traditional” 911 of E911 services are not available in Customer’s area; (ii) Customer’s Registered location address cannot be validated; (iii) there is a failure in the underlying landline 911 network; or (iv) there is a failure in the VoIP 911 call or location processing system. If Customer’s address differs from the Registered Location, the emergency dispatch center will not have the ability to determine Customer’s location other than by asking Customer to provide Customer’s name and physical address. Only then will emergency dispatch center be able to connect the call to an administrative number of the proper emergency dispatch center. THIS MAY RESULT IN A DELAY IN HANDLING OF CUSTOMER’S EMERGENCY CALL, AND CONSEQUENTLY, MAY RESULT IN FIRE, POLICE OR EMERGENCY PERSONNEL EITHER NOT BEING ABLE TO FIND CUSTOMER’S LOCATION OR MAY SIGNIFICANTLY DELAY THEIR RESONSE TIME. FURTHER, IF CUSTOMER DOES NOT REACH EMERGENCY PERSONNEL, THEY MAY NOT HAVE THE ABILITY TO CONTACT CUSTOMER IF THE CALL IS DISCONNECTED FOR ANY REASON, SO CUSTOMER SHOULD REDIAL “911” IMMEDIATELY.
IN NO EVENT SHALL SERVICE PROVIDER BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS WHATSOEVER ARISING FROM OR RELATING TO THE VOIP E911 SERVICE, E911 AND/OR 911 DIALING AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING VOIP E911 SERVICE, E911 AND/OR 911 DIALING.
SERVICE PROVIDER DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, 911 CALLS USING THE SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. SERVICE PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. SERVICE PROVIDER RELIES ON THIRD PARTIES TO ASSIST SERVICE PROVIDER IN ROUTING 911 CALLS TO LOCAL EMERGENCY RESPONSE CENTERS. SERVICE PROVIDER DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVEN SUCH THIRD PARTY DATA USED TO ROUTE CALLS ID INCORRECT OR YIELDS AN ERRONEOUS RESULT.