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. 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.

 

YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT MEANT FOR USE AS A PRIMARY LINE OR LIFELINE SERVICE. YOU WILL NOT HAVE ACCESS TO TRADITIONAL 911/E911 SERVICES AND SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING THESE SERVICES. You understand that in order to have access to 911/E911 services you will have to maintain your local phone service. You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber, or wireline local phone service and is intended for domestically originated long distance service only. Any local service is incidental to the primary purpose of the Service. You agree to inform any household residents, guests, and other third persons who may be present at the physical location where you use the Service as to the non-availability of 911 or E911 dialing from your service and device(s), including without limitation to supply or maintain existing conspicuous posting on the device of any caution or warning materials as may be appropriate. You also agree to make reasonable efforts and use reasonable judgment in informing such other users of the Service of the proper and specific operation and requirements of the Service or, alternatively, you agree to restrict third parties' access to the Service for any purpose.

 

All non-voice communications equipment, including but not limited to, home security systems (set up to make automatic phone calls), fax machines, modems, and medical monitoring devices, may not be compatible with the Service. 

 

Power Outage: You acknowledge and understand that the Service as a whole does not function in the event of a power failure, which power source and maintenance of is your sole responsibility. Should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the service. 

 

Broadband Service Outage: You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service, and are your sole responsibility to maintain. 

 

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 acknowledge your receipt of these emergency service limitations, and that you understand and agree to them.  By accepting these terms and conditions, you waive any claim against the underlying provider of the Service, RNK, Inc. (“Underlying Provider”), and its distributors and independent resellers, for interference with or disruption of non-voice communications equipment due to the Service. You acknowledge and understand that the liability of the Underlying Provider, its independent resellers and distributors 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 applicable Tariffs and/or Public Disclosures. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE UNDERLYING PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, INDEPENDENT RESELLERS, AND DISTRIBUTORS OF THE SERVICE, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU 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, 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. 

 

911 EMERGENCY DIALING DESCRIPTION AND LIMITATIONS

Depending on several factors, including, but not limited to, the geographic location of the phone number associated with your VoIP Device (i.e., adapter, SIP phone, or IP phone software application) and/or the service address you listed at the time you registered for the service (“Registered Location”), by dialing 911 on your phone, your call, in many cases, will be routed to emergency personnel responsible for your Registered Location. Emergency resources and personnel will be dispatched to the Registered Location regardless of your actual location or that of your VoIP Device at the time of the call.

Customer Responsibilities

1. You must correctly identify the actual service address where your VoIP Device will be located when you register for the service. Failure to do so may result in fire, police or emergency personnel either not being able to find your location or may significantly delay their response time. Additionally, you may incur fines or other penalties, including service provider charges, resulting from improper dispatch of emergency services.

2. Should you wish to move your service, you must update your Registered Location at least ten (10) days prior to your move to avoid delays and loss of emergency services. You may receive a new telephone number associated with the new location.

Limitations of 911 Emergency Dialing

YOU ACKNOWLEDGE THAT 911 EMERGENCY DIALING (“VoIP 911”) ASSOCIATED WITH VOIP HAS CERTAIN LIMITATIONS, WHICH YOU MUST UNDERSTAND BEFORE ORDERING:

1. VoIP 911 only functions if you are using an approved VoIP Device, equipment or software and after your order has been processed and you have received a 911 service confirmation. If you use non-approved equipment or software or attempt to access VoIP 911 service prior to confirmation, VoIP 911 may fail.

2. Even though you may be able to make outbound calls immediately after installing your VoIP Device, provisioning of VoIP 911 may take additional time to complete. If you attempt to make VoIP 911 calls before you have received a 911 service confirmation (or prior to completion of VoIP 911provisioning), calls to 911 may fail or may be forwarded to a non-public, backup emergency answering service.

3. After VoIP 911 is provisioned, emergency personnel may not have your Registered Location and/or your phone number on file, so you should be prepared to provide that information in the event you require emergency services and dial “911.”

4. VOIP 911 WILL NOT FUNCTION IF:

1. Your VoIP Device fails or is not configured correctly;

2. If your service is not working for any reason, including, but not limited to:

   1. A power outage;

   2. broadband service outage;

   3. network congestion;

   4. suspension or disconnection of your Service, broadband connection, or electrical power because of non-payment or late payment; or

   5. you fail to meet the minimum technical service requirements.

FOLLOWING A POWER OUTAGE, YOU MAY NEED TO RESET OR RECONFIGURE YOUR EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICE, INCLUDING VOIP 911.

5. In certain limited cases, your VoIP 911 call will not be routed to the “traditional” wireline 911 dispatch center. Instead, it will be routed to a wireless telephone emergency dispatch center that may not normally receive 911 calls from your Registered Location. In this case, emergency personnel will not have your Registered Location and/or your phone number on file, so you should be prepared to provide that information in the event you require emergency services and dial “911.” IF THE CALL IS DISCONNECTED FOR ANY REASON, EMERGENCY PERSONNEL WILL HAVE NO WAY TO CONTACT YOU OR DETERMINE YOUR IDENTITY OR LOCATION, SO YOU SHOULD RE-DIAL “911’IMMEDIATELY.

6. IF ANY OF THE FOLLOWING OCCUR:

1. “Traditional” 911 or E911 services are not available in your area;

2. Your Registered Location address cannot be validated;

3. there is a failure in the underlying landline 911 network;

4. there is a failure in the VoIP 911 call or location processing system.

First, your call will be routed to a national call center where a trained operator will attempt to determine your identity and location. Neither the call center, nor the emergency dispatch center will have the ability to determine your location other than by asking you to provide your name and physical address. Only then will the operator be able to connect the call to an administrative number of the proper emergency dispatch center.

THIS MAY RESULT IN A DELAY IN HANDLING OF YOUR EMERGENCY CALL AND, CONSEQUENTLY, MAY RESULT IN FIRE, POLICE OR EMERGENCY PERSONNEL EITHER NOT BEING ABLE TO FIND YOUR LOCATION OR MAY SIGNIFICANTLY DELAY THEIR RESPONSE TIME. FURTHER, IF YOU DO REACH EMERGENCY PERSONNEL, THEY MAY NOT HAVE THE ABILITY TO CONTACT YOU IF THE CALL IS DISCONNECTED FOR ANY REASON, SO YOU SHOULD RE-DIAL ”911” IMMEDIATELY.