E911 Information

Totalconnect services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network (PSTN). The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.

911 Service

Because of the unique nature of VoIP telephone calls, emergency calls to 911 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 emergency calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP calls with respect to 911 calls placed to emergency services from your account as described below.

Placing 911 Calls

When you make a 911 emergency call, the VoIP service will attempt to automatically route your 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, your 911 call may be routed to a different location than that which would be used for traditional 911 dialing. For example, your call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

How Your Information is Provided

The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Correctness of Information

You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

Disconnections

You must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

911 Calls May Not Function

For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

  • Failure of service or your service access device—if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet issues, or network or Internet outage in the event of a power, network or Internet outage.
  • Changing locations—if you move your system access equipment to a location other than that described in your account information or otherwise on record with Totalconnect.

Inform Others

You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 911 emergency calls on the VoIP services as described herein.

Liability

You agree that the Company shall not be liable for any interruption, diminution, or failure of the 911 Service, or the failure of any product in whole or in part, and in no event shall the Company be responsible or liable for any indirect, special, incidental or consequential loss or damages, howsoever caused, including, without limitation, by the Company’s negligence or the negligence of its employees or otherwise, whether such loss or damage was due to mistakes, omissions, interruptions, delays, errors or defects in the provision of the Services or by any overseas correspondent or underlying or arising in any other manner or the performance or non-performance of obligations hereunder or otherwise.

Waiver

You agree to indemnify and hold harmless the company and its affiliated companies, officers, directors, employees, representatives and agents, and any third-party operator of facilities employed against and from any and all claims, demands, suits, actions, liability, loss, damage, assessments or payments arising out of or relating to any defect in the website and the 911 Services, including, but not limited to, costs and expenses (including attorney’s fees and costs of litigation) arising out of or in connection with any claim or action which any person or entity may file or threaten to file against the Company or its officers, directors, employees, representatives or agents in any way relating to this Agreement and the termination of any Service provided pursuant to this Agreement. Notwithstanding any other provision of this Agreement, the officers, directors, employees, representatives and agents of the company will have no liability to any person under this Agreement or in connection with the Services to be provided hereunder.