911 Services. The Bundled Voice Service includes either E911 Service (or Basic 911 Service under certain circumstances) if, and only if, the call’s originating ANI is a 911 Enabled Two-Way Number. 911 Service: When a caller from a Registered Address dials the digits 9-1-1 from a 911 Enabled Two-Way Number, the 911 Enabled Two Way Number and the Registered Address are automatically sent to the local emergency center serving the physical location of the Registered Address. Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information to the emergency call-taker. Accordingly, with E911 Service, the emergency operators will have the caller’s call-back telephone number and Registered Address. In limited circumstances, callers utilizing a 911 Enabled Two-Way Number equipped with E911 may have their calls routed to the national call center. Please see the description below for an explanation of when this would occur and how this service operates. Basic 911 Service: When a caller from a Registered Address dials the digits 9-1-1 from a 911 Enabled Two-Way Number, the call is sent to the local emergency center serving the physical location of the Registered Address. However, emergency operators answering the call will not have automatic access to the caller’s telephone number or the Registered Address because the emergency center will not be equipped to receive, capture or retain the telephone number and/or Registered Address. Accordingly, callers must be prepared to verbally provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address. E911 Service is not available from all local emergency centers; the determination of whether E911 Service, Basic 911 Service or national call center service will apply generally is not controlled by Bandwidth. As additional local emergency centers become capable of E911 Service, Bandwidth will automatically upgrade Customer from Basic 911 Service to E911 Service. Bandwidth will not notify Customer of any such upgrade. In limited circumstances, callers equipped with Basic 911 Service based on their geographic location may have their calls routed to the national call center as described above.
Appears in 1 contract
911 Services. The Bundled Voice Service includes either E911 Service (or Basic 911 Service under certain circumstances) if, and only if, the call’s originating ANI is a 911 Enabled Two-Way Number. 911 Service: When a caller from a Registered Address dials the digits 9-1-1 911 from a 911 Enabled Two-Way Number, the 911 Enabled Two Way Number and the Registered Address are automatically sent to the local emergency center serving the physical location of the Registered Address. Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information to the emergency call-taker. Accordingly, with E911 Service, the emergency operators will have the caller’s call-back telephone number and Registered Address. In limited circumstances, callers utilizing a 911 Enabled Two-Way Number equipped with E911 may have their calls routed to the national call center. Please see the description below for an explanation of when this would occur and how this service operates. Basic 911 Service: When a caller from a Registered Address dials the digits 9-1-1 911 from a 911 Enabled Two-Way Number, the call is sent to the local emergency center serving the physical location of the Registered Address. However, emergency operators answering the call will not have automatic access to the caller’s telephone number or the Registered Address because the emergency center will not be equipped to receive, capture or retain the telephone number and/or Registered Address. Accordingly, callers must be prepared to verbally provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address. National Call Center Service: Depending upon their geographic location, certain Customers (and/or Customer’s customer(s) or Subscriber(s)) do not have access to either E911 Service or Basic 911 Service. If Customer (and/or Customer’s customer(s) or Subscriber(s)) does not have access to either E911 Service or Basic 911 Service, emergency calls placed using the digits 911 will be sent to a national emergency call center. A trained agent at the emergency call center will ask for caller’s name, telephone number, and location and then transfer the caller to the appropriate local emergency center or otherwise determine the best way to provide emergency services to the caller. Like Basic 911 Service, the trained operators answering calls in the national call center will not have automatic access to the caller’s telephone number or Registered Address because the national call center will not be equipped to receive, capture or retain Customer’s (and/or Customer’s customer(s) or Subscriber(s)) telephone number and/or Registered Address. Accordingly, callers must be prepared to verbally provide both call-back and address information. 911 calls also may be sent to ▇▇▇▇▇▇▇▇▇’s national emergency call center if there is a problem validating the Registered Address, if the caller is located in an area that is not covered by the land line 911 network, or if the caller has E911 Service or Basic 911 Service based on their geographic location, but the call fails to complete and is routed to the national emergency call center for failover purposes. E911 Service is not available from all local emergency centers; the determination of whether E911 Service, Basic 911 Service or national call center service will apply generally is not controlled by Bandwidth. As additional local emergency centers become capable of E911 Service, Bandwidth will automatically upgrade Customer from Basic 911 Service to E911 Service. Bandwidth will not notify Customer of any such upgrade. In limited circumstances, callers equipped with Basic 911 Service based on their geographic location may have their calls routed to the national call center as described above. DISCLAIMER OF LIABILITY: CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS INTERNET BASED AND THAT 911 SERVICES ARE DIFFERENT THAN THAT OF TRADITIONAL WIRELINE SERVICE. FOR BASIC 911 SERVICE OR E911 SERVICE TO BE ACCURATELY ROUTED TO THE APPROPRIATE EMERGENCY RESPONDER, CUSTOMER MUST PROVIDE THE 911 ENABLED TWO-WAY NUMBER USED WITH THE SERVICE FOR THE REGISTERED ADDRESS, IN THE ‘USERPART’ OF THE ‘FROM URI’ CONTAINED IN THE SIP ‘FROM’ HEADER. CUSTOMER ACKNOWLEDGES THAT THE SERVICE MAY NOT SUPPORT BASIC 911 SERVICE OR E911 SERVICE DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE. CUSTOMER AGREES TO INFORM ALL USERS OF THE POTENTIAL COMPLICATIONS ARISING FROM BASIC 911 SERVICE OR E911 SERVICE. SPECIFICALLY, CUSTOMER ACKNOWLEDGES AND AGREES TO INFORM (AND TO CAUSE CUSTOMER’S CUSTOMERS AND/OR SUBSCRIBERS TO INFORM) ALL EMPLOYEES, GUESTS, AND OTHER THIRD PERSONS WHO MAY USE THE BUNDLED VOICE SERVICE THAT BASIC 911 SERVICE AND E911 SERVICE WILL NOT FUNCTION IN THE CASE OF A SERVICE FAILURE FOR ANY OF THE FOLLOWING REASONS: (A) POWER FAILURES, (B) SUSPENDED OR TERMINATED BROADBAND SERVICE, (C) SUSPENSION OF SERVICE DUE TO BILLING ISSUES, AND/OR (D) ANY OTHER SERVICE OUTAGES NOT DESCRIBED HEREIN. CUSTOMER FURTHER ACKNOWLEDGES THAT FAILURE TO PROVIDE A VALIDATED REGISTERED ADDRESS IN THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 SERVICE OR E911 SERVICE CALLS TO BE ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. FURTHERMORE, CUSTOMER RECOGNIZES THAT USE OF THE BUNDLED VOICE SERVICE FROM A LOCATION OTHER THAN THE LOCATION TO WHICH THE BUNDLED VOICE SERVICE WAS ORDERED, I.E., THE “REGISTERED ADDRESS,” MAY RESULT IN BASIC 911 SERVICE OR E911 SERVICE CALLS BEING ROUTED TO THE INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER BANDWIDTH, ITS UNDERLYING CARRIER, OR ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY SERVICES OR IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. THE LIMITATIONS APPLY TO ALL CLAIMS REGARDLESS OF WHETHER THEY ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANT, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY.
Appears in 1 contract