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(i)
"911 Services" means
functionality that allows End-users to contact
emergency services, including, without
limitation, police, fire,
and
hospital medical services.
In areas served by selective routers, 911
Services
may
include Enhanced 911 (“E-911”) Service, in which
emergency calls to the appropriate public safety
answering point (“PSAP”) serving the End-User
address
and
DID/DOD information.
911 Service
may
not be immediately available in
all
Markets.
(ii)
“DID/DOD” means an access line associated with a
particular telephone number that allows for
inbound
and
outbound voice calls (sometimes referred to as a
Direct Inward Dial
and
Direct Outward Dial number ) that is assigned by
Provider or that Provider ports for the
provision of Service.
(iii) “Emergency Call Relay Center (ECRC)” means
Provider or its agent’s inbound call center,
staffed 24 hours
per
day, 7 days
per
week,
and
365 days
per
year for emergency call handling support.
(iv) “Emergency Call” means a 911 call placed by
a Voice
over
Internet Protocol (“VoIP”) End-User to Carrier’s
Internet Protocol (“IP”) services.
(v)
“Master Street Address Guide (MSAG)” means a
database of street names
and
house number ranges within their associated
communities
and
Emergency Services Numbers (“ESNs”) to enable
the proper routing of 911 calls.
(vi) “Native 911 Solution” means a solution for
VoIP calls includes both “native call routing,”
where a public switched telephone network
(“PSTN”) selective router identifies all 911
calls and routes to the trunk group serving the
appropriate PSAP for that NPA/NXX, and delivery
of ALI to the PSAP call taker.
A native 911 solution is currently not
available in the
U.S.
for VoIP calls.
A.
Provider
shall provide 911 Services to End-Users as part
of the service.
B.
End-User
acknowledges
and
agrees that 911 Services shall only be available
in the
Rate
Center associated with the particular DID/DOD
assigned.
End-User further acknowledges
and
agrees that 911 Services will not be available,
and
Provider shall have no liability to End-User, or
any third party for failure to provide 911
Services, in the event that (i) a DID/DOD is
assigned to an End-User located outside of the
Rate
Center associated with such DID/DOD; (ii) the
telephone device to which a DID/DOD
has
been assigned is moved outside of the
Rate
Center associated with such DID/DOD; (iii)
outage, degradation or other disruption of power
at the End-User location; (iv) outage,
degradation or other disruption of the End-User
broadband Internet connection; (v) End-User’s
failure or delay in maintaining
and
updating or notifying Provider of change in
End-User information as required.
C.
Additional
Limitations.
i
The Provider-provisioned 911 service routes VoIP
V911 calls
via
native 911 solution where Provider’s backbone
has
access to the E911 service infrastructure.
ii
For regions where the Services provides a native
911 solution, the following limitations apply:
1
In the event of an address geo-coding or MSAG
validation failure, the error records can not 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 provisioning the
End-User’s
data
into the provisioning systems.
Addresses in error that can not be
resolved will be returned to the End-User for
correction.
2
The Services is predicated on using primary
wire
line PSAP boundaries for routing Services
emergency calls to the appropriate PSAP.
The primary
wire
line boundary information is collected
and
is entered into a database for
real-time
queries for PSAP boundary lookup.
End-User acknowledges that primary
wire
line PSAP boundary
data
may
not be available for the entire United States
and
that this 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.
(iii)
For regions where Services provides a non-native
911 solution, the following limitations apply:
1
The Services uses wireless PSAP boundaries when
a primary
wire
line PSAP boundary is not available.
Therefore, the 24x7 PSAP DN provided when
a VoIP End-User places an emergency call
may
correspond to a PSAP other
than
the PSAP that would normally receive
wire
line emergency calls placed from the End-User’s
location.
2
End-User physical service address
and
call back number will not be presented to the
PSAP.
3
In the event caller cannot speak, End-User
acknowledges that no information will be
provided to the PSAP to contact the Provider to
obtain information that could allow them to
dispatch emergency services to caller’s
location.
Each PSAP’s internal processes will
dictate how the call should be handled.
4
For emergency call routing using the ECRC (i) in
the event caller cannot speak or identify their
address, (ii)
data
connectivity between the VoIP End-User address
database
and
the ECRC is interrupted,
and
(iii) Provider’s Network Operation Center (NOC)
cannot provide the End-User’s location
information, End-User acknowledges that Provider
or Provider’s backbone service
has
no further ability to assist the caller
and
End-User agrees to indemnify
and
hold harmless Provider from
all
third party claims arising from such
circumstances.
End-User will be charged a $250.00 fee
per
incident in the event End-User does not update
address information
and
a call is routed to the ECRC.
D. OUTAGES DUE TO ELECTRICAL, INTERNET OR OTHER
GENERAL FAILURES.
END-USER ACKNOWLEDGES THAT THE SERVICES,
INCLUDING LIMITED 911, WILL NOT FUNCTION IN THE
ABSENCE OF ELECTRICAL POWER, ACCESS TO THE
INTERNET OR OTHER GENERAL FAILURES ASSOCIATED
WITH THE VOIP NETWORK. END-USER ACKNOWLEDGES
THAT THE SERVICES WILL NOT FUNCTION IF THERE IS
AN INTERRUPTION OF END-USER’S BROADBAND OR
HIGH-SPEED INTERNET ACCESS SERVICE.
E. NON-VOICE SYSTEMS.
END-USER ACKNOWLEDGES THAT THE SERVICES
ARE
NOT SET UP TO FUNCTION WITH OUT-DIALING SYSTEMS
INCLUDING HOME SECURITY SYSTEMS, MEDICAL
MONITORING EQUIPMENT, SATELLITE TELEVISION
SYSTEMS
AND
SOME FACSIMILE SYSTEMS. BY CONSENTING TO THESE
TERMS
AND
CONDITIONS END-USER WAIVES ANY CLAIM AGAINST
PROVIDER FOR INTERRUPTION OR DISRUPTION OF SUCH
SYSTEMS BY THE SERVICES.
F. LIMITATION OF LIABILITY FOR 911 CALLING.
END-USER AGREES TO HOLD HARMLESS PROVIDER
AND
ITS VENDORS FOR ANY
AND
ALL
LOSSES, DAMAGES OR OTHER INJURIES (INCLUDING
PERSONAL INJURY OR DEATH) INCURRED BY END-USER
OR THEIR GUESTS AS A RESULT OF SUCH 911 SERVICE
LIMITATIONS.
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