TERMS OF SERVICE
SERVICES/DISCLAIMERS/LIMITATIONS OF LIABILITY
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE SERVICE(S)
(a) Notice. Intelegrated is providing this Notice to explain the circumstances under which E911 Service may not be available, or may in some way be limited compared to traditional landline telephone service. In certain situations and depending on the purpose for which Customer is ordering the Service(s), Intelegrated may ask Customer to give an additional acknowledgement of having received and understood this E911 Notice. Customer agrees to promptly execute and return such acknowledgement within the timelines established by Intelegrated.
(b) Specific Considerations. Calling 911 using VoIP services is different from calling 911 using traditional landline services. Some of the key differences are as follows:
(i) Availability. E911 Service will not be available in areas where E911 service is not available for traditional landline telephone service. In cases where E911 is not available for traditional landline telephone service, Intelegrated will route emergency calls to the police department or other emergency service for that jurisdiction.
(ii) Power Outages. Electrical power outages will disrupt the E911 Service, and Customer will not be able to place E911 emergency calls.
(iii) Telephone or Computer Problems. Problems with the Customer's telephone, computer, modem, router, or other IP-enabled hardware may limit or completely restrict the Customer's ability to use the Service or place E911 emergency calls. Problems with High-Speed Internet Connection. Problems with the Customer's high-speed Internet connection, including outages or network congestion, may limit or completely restrict the ability to use the E911 Service or place E911 emergency calls.
(iv) Suspension of Account. If Customer's Account is suspended for any reason, including non- payment of charges, Customer will not be able to use the E911 Service or place E911 emergency calls.
(v) Problems with the Service. E911 Service may be unavailable if Intelegrated should experience Network problems, including, but not limited to, hardware problems, software problems, Internet connectivity problems, or network maintenance issues.
(vi) Problems with Equipment. E911 Service may be unavailable if Customer should experience problems with any of its equipment.
(vii) Outside the United States. If Customer uses the Service(s) from a location outside the United States, Customer will not be able to use the E911 Service or place E911 emergency calls.
(viii) E911 Provisioning Intervals. Provisioning E911 Service may take additional time following the activation of the Service, during which time E911 emergency calling may not be available.
(ix) Required Information. In some circumstances, Customer may need to advise emergency service personnel of the nature of the emergency, the Customer's telephone number, or the Customer's physical location. If a call is disconnected for any reason, emergency service personnel may not be able to call the caller back, determine the Customer's physical location, or dispatch emergency personnel to the Customer's location.
(x) Failure to Register Customer's Location Accurately. It is important that Customer keeps Intelegrated advised of each number's physical service location at all times. If Customer provides an incorrect physical address, or if the physical address is changed without notice, emergency calls may be routed to an incorrect emergency service Intelegrated, and emergency service personnel may not be able to transfer the call or respond to the emergency.
(xi) Physical Location. In order for E911 Service to work properly, the E911 Service address in Intelegrated's records MUST correspond to the physical location from which the Customer will use the Service. A P.O. Box is not sufficient to use as a physical address. The emergency service dispatcher will only send emergency service personnel to Customer's registered E911 Service address.
(c) Disclaimer. INTELEGRATED DOES NOT MAKE, NOR DOES IT INTEND TO MAKE, SPECIFIC REPRESENTATIONS OR WARRANTIES BASED ON THE STATEMENTS ABOVE AS IT CANNOT FORESEE EVERY POSSIBLE COMBINATION OF EVENTS. THE FACT THAT INTELEGRATED MAY CONNECT E911 PHONE CALLS IN SITUATIONS IN WHICH E911 SERVICES ARE NOT AVAILABLE DOES, IN NO WAY, CREATE A WARRANTY THAT SUCH CALL WILL BE CONNECTED ERROR FREE OR WITHOUT DELAY.
(d) Information. Customer will be responsible for accurately providing Intelegrated with all information necessary to ensure the accuracy of each Automatic Location Identification ("ALI") and Public Safety Answering Position ("PSAP"), including, but not limited to, all Direct Inward Dialing ("DID")/Direct Outward Dialing ("DOD") numbers, and a correct and valid emergency response address for each DID/DOD number. Further, Customer must furnish all updates of this information to Intelegrated. All of Customer's information must be accurately provided and provisioned in the Automatic Number Identification ("ANI") database in order to provide full 911 service functionality. If a 911 call is made from a non-provisioned or improperly-provisioned telephone number, the call will not be normally and automatically routed to the correct PSAP, and shall be routed to the backbone E911 Intelegrated's 24/7 Emergency Call Routing Center (ECRC). In such event, a per-call charge will be billed to Customer at a rate determined by Intelegrated from time to time. Customer agrees to indemnify and hold Intelegrated, the Third Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys' fees and costs of litigation, incurred or suffered by such party relating to the failure of Customer to provide Intelegrated with accurate database entries and updates thereto.
(e) Routing Solution. Intelegrated's designated E911 Vendor (which shall be included within the definition of "Third Party Intelegrated") routes VoIP E911 calls by way of native 911 solutions where the Vendor's backbone Intelegrated has access to the E911 Service infrastructure. The following limitations apply to Service(s) in regions where a native 911 solution is utilized: (i) In the event of an address geo-coding or Master Street Address Guide ("MSAG") validation failure, the error records cannot be processed in real-time. Commercially reasonable efforts will be made to resolve the records in error. There may be instances that will prevent the correction of errors, causing delays in uploading data into the provisioning system; and (ii) The E911 Service is predicated on using primary wireline Public Safety Answering Point ("PSAP") boundaries for routing the Service's emergency calls to the appropriate PSAP. The primary wireline boundary information is collected and is entered into a database for real- time queries for PSAP boundary lookup. Customer acknowledges that primary wireline PSAP boundary data may not be available for the entire United States and that 911 Service is dependent on the PSAPs to provide such information resulting in the use of wireless PSAP boundary data to route a VoIP emergency call.
(f) Non-Native Solution. If E911 Service is provided in regions where a non-native 911 solution is utilized, the following limitations apply: (i) E911 Service uses wireless PSAP boundaries when a primary wireline PSAP boundary is not available. Therefore, the 24x7 PSAP DN provided when a caller places an emergency call may correspond to a PSAP other than the PSAP that would normally receive wireline emergency calls placed from the caller's location; (ii) A caller's physical service address and call back number will not be presented to the PSAP; and/or (iii) If a caller cannot speak, Customer acknowledges that no information will be provided to the PSAP to contact the caller to obtain information that would automatically allow them to dispatch emergency services to caller's location. Each PSAP's internal processes will dictate how the call should or will be handled.
(g) Additional Considerations. If an address provided for by Customer cannot be recognized by the system and/or cannot be geo-coded, neither Intelegrated or its third party carriers, or such other third parties utilized by such carriers, assumes any liability or responsibility for providing emergency calling services for the telephone number associated with such address. In situations where emergency call routing uses the Emergency Call Routing Center ("ECRC"), and if (i) caller cannot speak or identify his or her address; (ii) data connectivity between the address database and the ECRC is interrupted; or (iii) the caller's location information cannot be provided, Customer acknowledges that Intelegrated and any Third Party Vendor shall have no ability to assist the caller and Customer agrees to indemnify and hold Intelegrated, the Third Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys' fees and costs of litigation, incurred or suffered by such party as a result of such instances. Customer understands and acknowledges, and has been informed of the nature and limitation of 911 Emergency Dialing over the Service(s). Customer acknowledges and agrees that Intelegrated and any Third Party Vendor will not be liable for any Service outage and/or inability of a caller to dial 911 or to access emergency service personnel due to the characteristics and limitation of the Service. Customer understands that all calls must be delivered with the appropriate calling party number ("CPN") representing the caller's actual geographic location. Customer will be responsible for 911 configurations for all active CPNs. "Valid CPN" means the calling party's actual assigned ten (10)-digit telephone number within the North American Numbering Plan assigned by Intelegrated, excluding special purpose phone numbers such as 8XX, 950, 555 and N11. Delivery of valid CPN is a material obligation of Customer under these Terms of Service. For outbound calls other than calls to 911, if Customer does not deliver valid CPN, Intelegrated will use commercially reasonable efforts to complete the call. For 911 calls, if Customer does not deliver valid CPN, Intelegrated cannot complete the call. Customer agrees to indemnify and hold Intelegrated, the Third Party Vendors, and the parent companies, sister companies, employees, directors, officers and shareholders of the same, harmless from and against any and all claims, liabilities, losses, judgments, damages and expenses, including without limitation attorneys' fees and costs of litigation, incurred or suffered by such party relating to the failure of Customer to deliver valid CPN.
(h) E-911 Secondary Notification Service. When a 911 call is placed using the Services, a non- secure plain text notice may be sent to one or more Customer selected email addresses when the Customer purchases such a Secondary Notification Service from Intelegrated. Intelegrated does not guarantee, however, that any such notice will be sent or reach the Customer selected email addresses.
(i) Call Volume. If the number of 911 calls from Customer’s exceeds three percent (3%) of the total Subscriber Records managed on behalf of Customer in Intelegrated’s ALI database in any applicable month, Intelegrated may charge Customer a $3.00 surcharge per call. For example, normal call volume per month per Customer typically is approximately one to user two percent (1 - 2%) of the total Customer’s Subscriber Records managed on behalf of Customer in Intelegrated’s ALI database.