911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY. You acknowledge that the Service uses Voice over Internet Protocol or “VoIP” to complete calls, including 911 calls, and that you have read and understands the 911 Notice and Acknowledgement (the “911 Notice”) attached to this Addendum and describing certain limitations of the Service with respect to 911 calls. As described in this Addendum, the Service utilizes an “Enhanced 911” or “E911” database to deliver a caller’s location information to the applicable 911 answering point, and it is your responsibility to update this location information via the Service’s Web portal if the Service is used at or relocated to a location other than the original installation site. To the fullest extent permitted by applicable law, you and your users are solely responsible for updating the registered locations from where the Service may be used to make VoIP 911 calls. Without limiting any other limitation of liability set forth in the Agreement or the Standard Terms or any additional 911 terms set forth in the Agreement, this Addendum, the attached 911 Notice, the Service Order or otherwise set forth within the Standard Terms, you agree to the following with respect to any access or attempted access to 911 emergency services through the Service: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CCI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY OF THEIR NETWORK SERVICE PROVIDERS AND SUPPLIERS OR OTHER CONTRACTORS (INCLUDING, WITHOUT LIMITATION, ANY SERVICE PROVIDER PROVIDING SERVICES ASSOCIATED WITH ACCESS TO 911 EMERGENCY SERVICE) WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON OR FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY RELATING TO THE USE, LACK OF ACCESS TO OR PROVISION OF 911 EMERGENCY SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CCI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY A L CONTRACTORS FROM ALL THIRD-PARTY CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO 911 DIALING (INCLUDING WITHOUT LIMITATION, LACK OF ACCESS TO 911 EMERGENCY SERVICES, YOUR FAILURE TO ADVISE CCI OF THE CORRECT ADDRESSES WHERE IP-ENABLED DEVICES USED WITH THE SERVICE ARE LOCATED, YOUR FAILURE TO NOTIFY ALL END USERS OF THE LIMITATIONS ON ACCESS TO 911 EMERGENCY SERVICE, OR YOUR OR ANY USER’S MOVEMENT OF AN IP-ENABLED DEVICE TO OCATION THAT HAS NOT BEEN INPUT INTO THE E911 DATABASE DESCRIBED IN THIS ADDENDUM).
Appears in 1 contract
Sources: Business Services Agreement
911 SERVICE LIMITATIONS AND LIMITATION OF LIABILITY. You acknowledge that the Service uses Voice over Internet Protocol or “VoIP” to complete calls, including 911 calls, and that you have read and understands the 911 Notice and Acknowledgement (the “911 Notice”) attached to this Addendum and describing certain limitations of the Service with respect to 911 calls. As described in this Addendum, the Service utilizes an “Enhanced 911” or “E911” database to deliver a caller’s location information to the applicable 911 answering point, and it is your responsibility to update this location information via the Service’s Web portal if the Service is used at or relocated to a location other than the original installation site. To the fullest extent permitted by applicable law, you and your users are solely responsible for updating the registered locations from where the Service may be used to make VoIP 911 calls. Without limiting any other limitation of liability set forth in the Agreement or the Standard Terms or any additional 911 terms set forth in the Agreement, this Addendum, the attached 911 Notice, the Service Order or otherwise set forth within the Standard Terms, you agree to the following with respect to any access or attempted access to 911 emergency services through the Service: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CCI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY OF THEIR NETWORK SERVICE PROVIDERS AND SUPPLIERS OR OTHER CONTRACTORS (INCLUDING, WITHOUT LIMITATION, ANY SERVICE PROVIDER PROVIDING SERVICES ASSOCIATED WITH ACCESS TO 911 EMERGENCY SERVICE) WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON OR FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY RELATING TO THE USE, LACK OF ACCESS TO OR PROVISION OF 911 EMERGENCY SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CCI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ANY A L OF THEIR NETWORK SERVICE PROVIDERS AND SUPPLIERS OR OTHER CONTRACTORS FROM ALL THIRD-PARTY CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO 911 DIALING (INCLUDING WITHOUT LIMITATION, LACK OF ACCESS TO 911 EMERGENCY SERVICES, YOUR FAILURE TO ADVISE CCI OF THE CORRECT ADDRESSES WHERE IP-ENABLED DEVICES USED WITH THE SERVICE ARE LOCATED, YOUR FAILURE TO NOTIFY ALL END USERS OF THE LIMITATIONS ON ACCESS TO 911 EMERGENCY SERVICE, OR YOUR OR ANY USER’S MOVEMENT OF AN IP-ENABLED DEVICE TO OCATION A LOCATION THAT HAS NOT BEEN INPUT INTO THE E911 DATABASE DESCRIBED IN THIS ADDENDUM). SERVICE CHARGES. Your charges for the Service are contained in the Service Order. Your purchase of additional Seats or Service features will incur additional charges and may require execution of a new Service Order. This Addendum does not entitle you to any future versions or releases of the Service (including related software) which CCI may make available during the Service Term unless separately agreed to in writing signed by the parties’ duly authorized representatives.
Appears in 1 contract
Sources: Business Services Agreement