ITelFone - E911 Terms

• E911 Service Terms

As required by the Federal Communication Commission, the Company provides a means by which it may be possible for the Customer to access the Customer's local emergency services by dialing "911" (the "E911 Service"). Set forth below are these E911 Service Terms of Service that govern the provision of the E911 Service. These E911 Service Terms are in addition to the Terms of Service and are not in lieu thereof. In the event of a conflict, these E911 Service Terms will prevail. By clicking on the "I Agree To The Terms of Service" and the "Confirm Order" buttons during the Sign Up process, and by continuing to use the Service and the E911 Service after a change or modification by the Company of these E911 Terms of Service, the Customer represents and warrants to the Company that the Customer has read these E911 Service Terms along with the Terms of Service (as they may be modified from time to time) and the Customer has determined that the Service and the E911 Service are suitable to the Customer's needs. If the E911 Service and the Service is not so suitable, then the Customer should not use the Service or the E911 Service.General: How E911 Service Works. When using Itelfone telephone services to make an emergency 911 call, the Service does not work like regular landline E911 services. When the user makes a 911 call, without the use of the E911 Service the emergency operator has no way of knowing the caller's location or the number from which the call was made. In an attempt to facilitate this information, the Company has contracted with a third-party to provide the Company and its subscribers with the E911 Service. The E911 Service is simply a database that matches the Customer's telephone number with the address provided by the Customer (the "Registered Location"). Assuming the Registered Location is accurate and kept current by the Customer, if a 911 call is made from a location within the geographic serving area of a Public Safety Answering Point ("PSAP"), the E911 Service attempts to forward the address of the Registered Location to the PSAP. If the Customer fails to keep the address of the Registered Location current and accurate, then the PSAP will direct emergency services to the wrong address. In addition, not all PSAP's have the means to accept the information regarding the Registered Location.

Alternate Means of Making 911 Calls.
The customer is directed that the E911 service is unreliable and may not work if and when needed. The service should not be the primary means of the customer or other users to make 911 calls. At all times the customer must maintain a traditional landline telephone for making 911 calls.

911 Address-Registered Location.
During the Sign-Up process, the Customer is asked to provide the Customer's initial "Registered Location" address for each phone number included in the Service. The Customer's Registered Location is the address where emergency services will be directed (if the applicable PSAP accepts the information), regardless of the caller's actual location when making the 911 call. The E911 Service cannot determine the caller's actual location or address, which is why it is critical that the Customer keep current the Registered Location or the E911 System will not work properly.

Effect of Moving the Equipment.
If the Customer moves the Equipment to another location, then it is the duty and obligation of the Customer to update and correct the address of the Registered Location for each telephone line that is moved. If the Customer does not keep the information for the Registered Location accurate and current, the PSAP will not be able to accurately direct emergency services to the correct location.

No Verification of Registered Location Address.
The company will not automatically update or verify any addresses provided by customer, it is the customer's responsibility to maintain the accuracy of the registered location. The company will not verify that the customer's psap will accept the registered location information.

Method for Customer to Verify or Change Address of Registered Location.
If at any time after the Sign-Up process is completed the Customer discovers the Registered Location information is inaccurate or if the Customer moves the Equipment, then the Customer must correct this information: the Company will not correct this information The Customer may verify or register a new Registered Location for each phone number covered by the Service by several means: (1) The Customer may use the Company's website at www.Itelfone.com After logging in and going to the Account Information, the Customer should scroll to the section entitled: "911 Address-Registered Location" and follow the instructions; or, (2) the Customer can contact Telephone customer service at the number listed on the website. Any updated information for the Registered Location may take 24 hours to be updated in the database of information provided to the PSAP's. Accordingly, any 911 calls made within this time after updating the information will result in inaccurate information being transmitted to the PSAP. While the Customer may maintain several possible addresses where the Customer may frequent, from time to time, only one address for the Registered Location can be active at any time.

Customer Registered Location Must be within Geographic Calling Area of PSAP or E911 Service Will Not Be Available.
In order for the Customer to expect emergency services to be available when needed, the Customer's Registered Location must be within the geographic calling area of a PSAP. The Company does not provide PSAP's or PSAP information- nor does the Company determine the correct PSAP. The Company will not notify the Customer whether or not the Customer resides within the geographic area of a PSAP and it is the Customer's obligation to verify whether or not a PSAP will be available in the event of an emergency.

PSAP May Not Accept Enhanced 911 Information About Registered Location.
Although the Customer may provide information about the Registered Location, it is up to each PSAP to accept and process the information and the Company has no control over what each PSAP does or doesn't do with the information. Accordingly, the Customer's PSAP may or may not have the ability to know the Registered Location information and if the Customer lives in an area where the Customer's PSAP does not accept or process this information, the emergency services personnel will not know the Customer's location and may not be able to dispatch emergency services unless the Customer provides the information verbally.

E911 Service Available Only in Continental United States.
If the Customer's Registered Location is not within the continental United States, the E911 Service will not operate and the Customer must determine an alternate method for obtaining emergency services in that locale.

E911 Service Needs to be Tested by Customer.
The Company has no means for determining whether or not the E911 Service actually works for the Customer's Equipment or Registered Location. Therefore, it is the obligation of the Customer to (i) verify that the correct PSAP has been determined for the Registered Location; (ii) test the E911 Service from time to time; and (iii) re-test the PSAP and that E911 Service is working upon each change of information for the Registered Location. The Customer should call the non-emergency telephone number for the Customer's local emergency service provider and request information for means of testing a 911 call to that provider.

E911 Service Is Not Reliable.
E911 Service is complex and dependent upon numerous conditions being satisfied. Accordingly, the E911 Service is prone to failure, especially if any of the following conditions occur:
Power Outage. If the electricity is interrupted for any reason, the E911 Service will not function.
Broadband or Internet Connection Lost. If the Customer's cable, DSL or other broadband service is interrupted for any reason, the E911 Service will not function.
Suspension or Termination of Customer's Service. If the Service malfunctions or is disabled, terminated or suspended for any reason, whether permitted by these Terms of Service or not, the E911 Service will not function.
Blocked Ports. If the Customer's broadband or internet service provider (or any other third-party) intentionally or accidentally blocks certain ports, the E911 Service will not function. Upon restoration of the blocked ports, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. The Customer acknowledges that the Company is not responsible for the blocking of ports by the Customer's broadband or internet service provider or any other party.
Network Congestion or Slow Service. Since the Service is dependent on the Customer provided internet or broadband service, if that service is slow or congested for any reason, the Service will not work or may become unusable, in which case the E911 Service will not work.
Other Loss of Service. If the Service does not work for any reason whatsoever, the E911 Service will not work.
PSAP Won't Accept or Process Information. If the Customer's PSAP doesn't accept or process data regarding the Registered Location, then the emergency personnel may not know the Customer's location unless the Customer verbally provides that information.
Restoration of Service After Outage. Upon restoration of the Service after a power outage, internet service or broadband outage or any number of Service or other interruptions, some of which are described above, it may be necessary for the Customer to reset or reconfigure some or all of the Equipment, including other Customer provided equipment, e.g., router. It is the Customer's responsibility to verify that the Service is functioning after each such interruption or outage.
Company Does Not Verify or Determine if Service is Functioning. The Company will not verify that the Service is functioning at any time and it is the Customer's obligation to determine whether or not the Service is functioning. If the Service does not function, the E911 Service will not function.
Change of Equipment, Phone Number, Port or other Change of Configuration. If there is a change in the phone number, port, Equipment or change of any other information upon which is necessary for the Service to function, it is the Customer's obligation to re-activate the Service after each such change. In order to add a new telephone number the Customer must go through a new Sign-Up process and provide an initial address for the new phone number's Registered Location. The Registered Location assigned by Customer to another line will not be automatically assigned to any new line or any other lines.
Failure to Automatically Identify Customer Information. In some cases, the E911 Service may not be able to automatically provide emergency personnel with the Customer's telephone number, address of the Registered Location or other information that may be necessary to provide emergency services. This limitation may be caused by the local telephone company or other network provider is not being configured to provide or pass-on such information. As a result, the operator answering the E911 Service call may not be able to automatically obtain the Customer's telephone number or address and in such case if the call is disconnected or if the Customer is unable to provide that information to the operator, then emergency services may not be dispatched to the proper location.

Customer Must Provide 911 Operator with Customer Information.
The E911 Service may not automatically provide the PSAP with the Customer's telephone number, name or address and the Customer must assume that the 911 operator does not have that information and it must be provided orally by the Customer. The Customer will need to clearly state the nature of Customer's emergency and also provide the Customer's telephone number and the address where the emergency is located, the 911 operator may not automatically have this information. In the event the call is dropped, disconnected or forwarded, the emergency personnel will not be able to find Customer location unless the Customer provides this information.

Customer Unable to Speak: 911 May Not Be Able to Respond.
If for any reason the Customer is unable to talk or otherwise provide the 911 operator with the Customer's address, phone number or other relevant information, the 911 operator may not be able to direct emergency services to the Customer's location.

Notice of Outsourcing of E911 Service.
Since the routing and provision of 911 calls throughout the United States is an important function that is extremely complex and based on many standards, protocols and rules regulations of numerous government agencies, the Company has elected to engage the services of E911 vendor to provide the E911 Service to the Customers. All 911 calls and updated information relating to the Registered Location is automatically routed to the E911 vendor by the Company, who in turn attempts to route the call and that information to the correct PSAP. The Company does not have any input or control over this information or process.

Disclaimer of liability and indemnification.
Due to the fact that the company has engaged the services of Global Crossing Telecommunications Inc to provide the E911 service, the company has no control over whether, or the manner in which, calls using the E911 service are answered or addressed by any psap or any other party. The company hereby disclaims any and all responsibility for the conduct, actions, inactions or negligence of Global Crossing corporation, the psap's and/or any local police, fire or other emergency response services. The company disclaims any and all liability for the accuracy or inaccuracy of any data that is entered by the customer, that is transmitted to telefinity corporation, the psap or any other party which may result in an error or delay in providing emergency services to the customer or others. Customer acknowledges and understands that the company will not be liable or responsible for any delay or service outage and/or inability to dial 911 using the E911 service or to access emergency service personnel due to the characteristics and limitation of E911 service set forth in this document or otherwise. The customer agrees to defend, indemnify, and hold harmless the company, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to the customer in connection with the service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, the customer or any third party user of the service relating to the failure or outage of the service, including those related to E911 service. The customer acknowledges that the company directs the customer to always have an alternative means of accessing emergency service and that the E911 service should be not be the customer's only or primary means of accessing emergency service. This disclaimer provision supplements the general disclaimer and indemnification provisions found below and is not in lieu of those provisions.