911/E911 Service Agreement

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CRITICAL 911/E911 SERVICE LIMITATION AND SAFETY INFORMATION

THE VOICE OVER INTERNET PROTOCOL (VOIP) SERVICE ("THE SERVICE") YOU RECENTLY PURCHASED IS PROVIDED BY AN INDEPENDENT RESELLER OR DISTRIBUTOR OF THE UNDERLYING SERVICE PROVIDER. PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS, WHICH CONTAIN IMPORTANT SERVICE AND SAFETY INFORMATION AND IDENTIFY THE DIFFERENCES BETWEEN TRADITIONAL 911 SERVICE AND 911 SERVICE ASSOCIATED WITH VOIP. IF YOU DO NOT AGREE TO ALL OF THE BELOW TERMS AND CONDITIONS, YOU MUST DECLINE TO ACTIVATE AND/OR USE THE SERVICE, AND WILL BE PROVIDED WITH PRODUCT RETURN OPTIONS.

911/E911 SERVICE LIMITATIONS

WHEN YOU DIAL 911 ON YOUR PHONE, YOUR CALL WILL BE ROUTED TO EMERGENCY PERSONNEL RESPONSIBLE FOR THE SERVICE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE ("REGISTERED LOCATION"). EMERGENCY RESOURCES AND PERSONNEL WILL BE DISPATCHED TO THE REGISTERED LOCATION REGARDLESS OF YOUR ACTUAL LOCATION OR THAT OF YOUR PHONE. YOU MUST CORRECTLY IDENTIFY THE ACTUAL SERVICE ADDRESS WHERE YOUR VOIP DEVICE (i.e. ADAPTER OR SIP PHONE) WILL BE LOCATED WHEN YOU REGISTER FOR THE SERVICE. FAILURE TO DO SO MAY RESULT IN FIRE, POLICE OR EMERGENCY SERVICES EITHER NOT BEING ABLE TO FIND YOUR LOCATION OR MAY SIGNIFICANTLY DELAY THEIR RESPONSE TIME. YOU MUST ACCURATELY REPORT YOUR SERVICE ADDRESS OR YOU MAY INCUR FINES OR OTHER PENALTIES RESULTING FROM DISPATCH OF EMERGENCY SERVICES

SHOULD YOU WISH TO MOVE YOUR SERVICE, YOU MUST UPDATE YOUR REGISTERED LOCATION AND MUST PROVIDE AT LEAST TEN (10) DAYS PRIOR NOTICE OF YOUR NEW SERVICE ADDRESS IN ORDER TO AVOID DELAYS AND LOSS OF 911 SERVICE. YOU MAY RECEIVE A NEW NUMBER ASSOCIATED WITH YOUR NEW LOCATION.

YOU ACKNOWLEDGE THAT THIS TYPE OF 911 SERVICE ASSOCIATED WITH VOIP HAS CERTAIN LIMITATIONS, WHICH YOU NEED TO UNDERSTAND BEFORE ORDERING:

  1. 911 EMERGENCY DIALING IS ONLY AVAILABLE ON APPROVED DEVICES OR EQUIPMENT AND UPON COMPLETION OF ORDER PROCESSING. IF YOU USE OTHER EQUIPMENT, 911 SERVICE MAY FAIL.
  2. 911 SERVICE WILL NOT FUNCTION IF YOUR VOIP DEVICE (i.e. ADAPTER OR SIP PHONE) FAILS, IS NOT CONFIGURED CORRECTLY, OR IF YOUR SERVICE IS NOT WORKING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGE, BROADBAND SERVICE OUTAGE, NETWORK CONGESTION, SUSPENSION OR DISCONNECTION OF YOUR SERVICE BECAUSE OF NON-PAYMENT OR LATE PAYMENT, OR IF YOU FAIL TO MEET THE MINIMUM TECHNICAL SERVICE REQUIREMENTS. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE YOUR EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICE, INCLUDING FOR 911 PURPOSES.

YOU AGREE TO ADVISE ALL FRIENDS, GUESTS, FAMILY MEMBERS OR ANY OTHERS OF THESE LIMITATIONS WHO MIGHT PLACE CALLS OVER THIS SERVICE FROM THE LOCATION AT WHICH YOU HAVE INSTALLED IT, AND UNDERSTAND THAT IT IS RECOMMENDED THAT YOU PLACE THE WARNING STICKER PROVIDED TO YOU ON, OR NEAR, YOUR VOIP DEVICE .

YOU ACKNOWLEDGE THAT YOU ARE OF LEGAL AGE TO CONSENT TO THE TERMS AND CONDITIONS OF SERVICE HEREIN (i.e. 18 YEARS OF AGE OR OLDER). YOU WARRANT AND ACKNOWLEDGE YOUR RECEIPT OF THESE 911/E911 SERVICE LIMITATIONS, AND THAT YOU UNDERSTAND AND AGREE TO THEM. YOU ACKNOWLEDGE THAT THE LIABILITY OF THE UNDERLYING PROVIDER OF THE SERVICE, AXVOICE, INC. ("UNDERLYING PROVIDER") IS LIMITED FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 FROM YOUR LINE OR TO ACCESS EMERGENCY SERVICE PERSONNEL, AS SET FORTH IN THIS DOCUMENT, AND IN APPLICABLE TARIFFS AND/OR PUBLIC DISCLOSURES. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE UNDERLYING PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND INDEPENDENT RESELLERS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING