Common use of EMERGENCY SERVICES - 911 DIALING Clause in Contracts

EMERGENCY SERVICES - 911 DIALING. Optivon complies with the FCC Requirement to provide 911 service and has the requisite direct links to the local Public Safety Answering Point (PSAP) to route 911 calls. Nonetheless, due to over-abundance of caution, we are hereby informing you that, under certain circumstances, when 911 is dialed E911 service may not be available, or the E911 service may be in some way be limited. These circumstances include: (a) In some circumstances when 911 is dialed from a phone connected to an Internet phone service, E911 service may not be available. These circumstances include: • When the location of your IP Phone device is at a physical address other than the one you listed when you activated your account. • When you use a non-native telephone number in the IP Phone at your original physical address. • When your broadband phone device fails or is not configured properly. • When there is an electrical power outage, service outage or suspension/disconnection of Optivon service due to billing or other issues. • When there is a delay in the provision of Optivon service ("dial tone") at the physical address provided at the time of account activation. • When a change of address has been reported, but not yet been updated on the Optivon account. • When the local PSAP receiving Optivon E911 emergency service calls does not have a system configured for E911 services that enables the operator to capture and/or retain automatic number or location information. • When there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere herein. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim 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 Optivon nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Optivon, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you 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, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel. • Because Customer’s address does not necessarily correspond with Customer’s telephone number, Customer must provide Optivon with the street address(es) where Customer will be using Optivon’s VoIP Service ("Registered Location(s)") when Customer sign up for service. • If Customer relocates any equipment (PC with softphone, IP phone, or ATA with traditional phone) that Customer use to access the VoIP Service, Customer must update Customer’s Registered Location(s). If Customer do not update Customer’s Registered Location(s), any 911 calls Customer make using the VoIP Service will be routed based on Customer’s previously provided Registered Location and therefore may not be routed to the appropriate PSAP for Customer’s new location. • In addition, because the VoIP Service will, where possible, automatically transmit Customer’s Registered Location to the PSAP, Customer must update Customer’s Registered Location to ensure that the VoIP Service transmits accurate location information to the PSAP. • Once Customer notifies us of a change in Customer’s Registered Location, there may be a delay in making the new Registered Location available to properly route 911 calls and advise PSAPs of Customer’s new Registered Location. • In some parts of the country where direct routing to PSAPs is not available for VoIP 911 Service, the Service will route Customer’s call to the National Emergency Call Center where trained agents will ask for the name, location, and telephone number of the person calling 911 and will contact the appropriate PSAP to send help. The call center will not automatically receive Customer’s address and telephone number. In these situations, public safety response times may be delayed. As a result, there may be an additional delay before emergency services arrive. Loss of Electrical Power. Unless Customer have a backup system to power Customer’s wired broadband Internet connection and any equipment (PC with softphone, IP phone, ATA with traditional phone) that Customer use to access Customer’s VoIP Service, Customer will not have phone service or 911 service during any power outage. Registration of Physical Locations Required. As discussed above, Customer must register the Registered Location where Customer will be using VoIP service for each VoIP phone line Customer use from Optivon (e.g., if Customer purchase Optivon Cloud PBX or Cloud ACD with three VoIP lines, Customer must provide a Registered Location for each of the three VoIP lines). Optivon will obtain Customer’s Registered Location as part of the service initiation process and will not provide VoIP Service until Customer have provided Customer’s initial Registered Location. However, Customer must update Customer’s Registered Location when Customer uses Customer’s VoIP Service from a new location. Regardless of what address Customer register, in some circumstances, such as unavailability of direct routing to PSAPs or the use of portable devices to access the VoIP Service, emergency calls will be routed to the National Emergency Call Center. Customer agrees to provide true, accurate, current, and complete Registered Location information to Optivon as part of the service initiation process and to update as soon as possible Customer’s Registered Location with true, accurate, current, and complete information whenever Customer uses Customer’s VoIP Service from a new location. If Customer provides Registered Location information that is, or that Optivon suspects to be, false, inaccurate, not current, or incomplete, Optivon has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. Optivon will not, however, disable Customer’s ability to make a 911 call during any service suspension. Customer may update Customer’s Registered Location by logging on to Customer’s Account settings page or contacting Optivon’s customer service. For purposes of 911 Dialing, Customer may only register one Registered Location for each VoIP line. (b) Software Based Phone (“Soft Phone”) – e911 Calling Not Available. Optivon may make available to Customer a Soft Phone, which allows Customer to receive phone calls through a software program that runs on Customer’s personal computer (“PC”). Customer will NOT be able to place outgoing calls using the Soft Phone, including calls made to emergency services through 911, e911 or the emergency numbers. In addition, even if Customer purchases Optivon’s separate outbound Soft Phone service, Customer will NOT be able to make calls to emergency services using e911 services. Optivon strongly recommends that Customer has, at all times, access to a standard telephone or a cellular phone to place emergency phone calls whenever Optivon’s outbound Soft Phone service is being used.