e911 Terms of Service

Critical 911 / e911 service limitation and safety information

The Voice over Internet Protocol (VoIP) service (“the Service”) you recently purchased is provided by netTALK.com, Inc.

Please read carefully the following terms and conditions, which contain important service and safety information and identify the differences between traditional 911 service and the emergency services calling associated with the Service. 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 EMERGENCY DIALING DESCRIPTION AND LIMITATIONS

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

CUSTOMER RESPONSIBILITIES

You must correctly identify the actual service address where your netTALK device will be located when you register for the service. Failure to Properly register your address 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 resulting from improper dispatch of emergency services.
Should you wish to move your service, you must update your Properly 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:

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 nonapproved equipment or software or attempt to access VoIP 911 service prior to confirmation, or have received an email sent to your registered account e-mail address advising that your 911 address is not valid, VoIP 911 may fail.
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 911 provisioning) or after receiving an email advising that your have an incorrect 911 address, calls to 911 may fail or may be forwarded to a non-public, backup emergency answering service (which requires a $100 Prepayment to handle 911 emergencies if your address is not properly registered.
After VoIP 911 is properly 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.”
Prepayment for 911 calling if properly registered 911 address is not on the account.
1. If 911 is or has been improperly registered, the account holder will receive an emails sent to the emails address the account holder has on file.
2. Should the account holder receive such an e-mail, It is the account holders responsibility to either correct the address to a properly registered E911 address or make a prepayment, $100 to cover a 911 which would be processed manually.
3. Should a prepayment be made and no 911 calls made during the contract period, then the prepayment will roll over to the following contract period.
4. Should a prepayment be made and no 911 calls made during the contract period, and the contract is not renewed, then the prepayment is forfeited.
5. Should a prepayment be made and a 911 call is made during the contract period, then the account holder shall make another $100 prepayment.
VoIP 911 will not function if:
1. Your netTALK device fails or is not configured correctly;
2. If you have received an email sent to your account registered email, you have not provided a properly registered 911 address.
3. 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. You have received an email sent to your account registered email, you have not provided a properly registered 911 address.
  5. Suspension or disconnection of your Service, broadband connection, or electrical power because of nonpayment or late payment; or
  6. 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.

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 national 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, or be prepared to use an alternative calling method, such as cell phone.

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. You have received an email sent to your account registered email, that you have not provided a properly registered 911 address.
4. There is a failure in the underlying landline 911 network;
5. There is a failure in the VoIP 911 call or location processing system.

YOU NEED TO HAVE AN ALTERNATIVE CALLING METHOD, SUCH AS A CELL.

You agree to advise all friends, guests, family members, or any others who might place calls over this service of these limitations herein, and understand that it is recommended that you place the warning sticker provided to you on, or near, your netTALK device in an easily viewed location for any Service user.
You authorize netTALK.com, Inc. to disclose your name and address to third-party emergency services providers in order to dispatch emergency personnel to your Registered Location.
You understand that netTALK.com, Inc. does not warrant the availability of a particular method of VoIP 911 for any location and/or the availability of VoIP 911 services.
You acknowledge that the liability of netTALK.com, Inc. (“Provider”) is limited to the amount paid for the service 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, in applicable tariffs, and/or public disclosures.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND INDEPENDENT RESELLERS, DISTRIBUTORS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU AND/OR THOSE USED IN THE PROVISION OF THIS SERVICE BY THE PROVIDER 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 EMERGENCY DIALING, AND ANY COMMUNICATION, ASSISTANCE OR INSTRUCTION THAT YOU MAY RECEIVE FROM THE PROVIDER, ITS EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS, WHO MAY ATTEMPT TO CONTACT YOU DIRECTLY IN THE EVENT OF AN INCOMPLETE 9-1-1 CALL.
You acknowledge that you are of legal age to consent (i.e. 18 years of age or older) to the terms and conditions of service. You acknowledge your receipt of these VoIP 911 limitations, and that you understand and agree to them.