EMERGENCY SERVICES - 911 DIALING
i. 911 Dialing. 911 Dialing is different than traditional 911 service.
Most of our customers (WiFi and SoftPhone customers have specific access
under conditions set forth below) have or will have access to either basic
911 or Enhanced 911 (E911) service. With E911 service, when you dial 911,
your telephone number and registered address is simultaneously sent to the
local emergency center assigned to your location, and emergency operators
have access to the information they need to send help and call you back if
necessary. Customers in locations where the emergency center is not equipped
to receive your telephone number and address have basic 911. With basic 911,
the local emergency operator answering the call will not have your call back
number or your exact location, so you must be prepared to give them this
information. Until you give the operator your phone number, he/she may not
be able to call you back or dispatch help if the call is not completed or
is not forwarded, is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers become capable of receiving our customers'
information, LD Telecom will automatically upgrade customers with basic 911
to E911 service. LD Telecom will not give you notice of the upgrade.
Certain customers do not have access to either basic 911 or E911. If you
don't have access to basic 911 or E911 your 911 call will be sent to the
Emergency Call Relay Center ("ECRC"). A trained agent at the
emergency call center should ask for the name, telephone number and location
of the customer calling 911, and then contact the local emergency center
for such customer in order to send help. Examples of situations where 911
calls will be sent to the ECRC center include when there is a problem validating
or confirming a customer's address, the customer is identified with an international
location, or the customer is located in an area that is not covered by the
landline 911 network. In addition, if you use WiFi or SoftPhones, you may
provide your initial physical location address for 911 purposes for each
phone and, due to the portable nature of these Devices, your 911 calls will
be routed to the ECRC unless you provide your address for 911 purposes. If
you use a WiFi or SoftPhone, you should immediately change your physical
location address for 911 purposes pursuant to Section 9(A)(iii) if you move
locations of use of phone. If you use a SoftPhone and any desktop IP
phone, you should immediately change your physical location address for 911
purposes pursuant to Section 9(A)(iii) if you move locations of use of phone.
Please note that a phone that is an extension of a main phone line does not
have an independent address location designated for 911 purposes and the
only address 911 Emergency Personnel will have on record is that designated
to the main phone line. Accordingly, phones that are extensions of
main phone lines can not be moved from the location assigned for 911 purposes. If
a main phone line is relocated or moved from its current location, Client
must change the address of its location for 911 purposes pursuant to Section
9(A)(iii). If an extension phone line is not at the same location as
the main phone line, a 911 caller must inform the 911 Emergency Personnel
of the correct location. AS TO PHONES THAT HAVE BEEN ASSIGNED
A UNITED STATES AND CANADA TEN DIGIT PHONE NUMBER AS THE PRIMARY NUMBER,
IN LIGHT OF THE PORTABLE NATURE OF WIFI PHONES, SOFTPHONES, AND OTHER PHONES,
INCLUDING DESKTOP PHONES, IT IS YOUR RESPONSIBILITY TO CHANGE YOUR PHYSICAL
LOCATION FOR 911 PURPOSES TO INSURE 911 HAS YOUR CORRECT LOCATION. YOU
MUST CHANGE YOUR PHYSICAL LOCATION PURSUANT TO THE MECHANISM SET FORTH IN
SECTION 9(A)(iii) BELOW. YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST LD TELECOM
AND ITS OWNERS, EMPLOYEES, REPRESENTATIVE, AGENTS AND AFFILIATED OR RELATED
ENTITIES ARISING OUT OF ANY CLAIMS IN CONNECTION WITH 911 SERVICES AND ANY
INCORRECT REPORTING TO OR BY 911 PERSONNEL OF THE PHYSICAL LOCATION OR ADDRESS
IN CONNECTION WITH A 911 CALL.
You authorize LD Telecom to disclose your name and address to third-parties
involved with providing 911 Dialing to you, including, without limitation,
call routers, call centers and local emergency centers. |
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ii. Notice to All Users.
You should inform any household residents, guests and other third persons who
may be present at the physical location where you utilize the Service of the
important differences in and limitations of 911 Dialing as compared with basic
911 or E911. The documentation that accompanies each Device that you purchase
may include a sticker concerning the potential non-availability of basic 911
or E911 (the '911 Sticker'). It is your responsibility, in accordance with the
instructions that accompany each Device, to place the 911 Sticker on each Device
that you use with the Service.
iii. Registration of Physical Location.
Registration of Physical Location. For each phone number that you use for
Service, you must register with LD Telecom the physical location where you will
be using the Service with that phone number. When you move the Device to another
location, you must register your new location. If you do not register your
new location, any call you make using the 911 Dialing feature may be sent to
an emergency center near your registered address which is incorrect for the
911 purpose. You will register your initial location of use when you subscribe
to the Service. Thereafter,
you may register a new location by following the instructions from the '911'
registration link on LD Telecom’s website www.nexogy.com.
For purposes of the 911 Dialing feature, you may only register one location
at a time for each phone line you use with the Service.
iv. Service Outages.
(a) Service Outages Due to Power Failure or Disruption. 911 Dialing does
not function in the event of a power failure or disruption. If there is an
interruption in the power supply, the Service, including 911 Dialing, will
not function until power is restored. Following a power failure or disruption,
you may need to reset or reconfigure the Device prior to utilizing the Service,
including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Termination
of Broadband Service or ISP Service. Service outages or suspensions or terminations
of service by your broadband provider or ISP will prevent all Service, including
911 Dialing, from functioning.
(c) Service Outage Due to Termination of Your LD Telecom Account. Service
outages due to termination of your account will prevent all Service, including
911 Dialing, from functioning.
(d)
Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other
Acts. Your ISP or broadband provider or other third party may intentionally
or inadvertently block the ports over which the Service is provided or
otherwise impede the usage of the Service. In that event, provided that you
alert us to this situation, we will attempt to work with you to resolve the
issue. During the period that the ports are being blocked or your Service
is impeded, and unless and until the blocking or impediment is removed or
the blocking or impediment is otherwise resolved, your Service, including
the 911 Dialing feature, may not function. You acknowledge that LD Telecom
is not responsible for the blocking of ports by your ISP or broadband provider
or any other impediment to your usage of the Service, and any loss of service,
including 911 Dialing, which may result.
In the event you lose service as a result of blocking of ports or any other
impediment to your usage of the Service, you will continue to be responsible
for payment of the Service charges unless and until you terminate the Service
in accordance with this Agreement
(e) Other Service Outages. If there is a Service outage for any reason,
such outage will prevent all Service, including 911 Dialing, from functioning.
Such outages may occur for a variety of reasons, including, but not limited
to, those reasons described elsewhere in this Agreement.
v. Re-Activation Required if You Change Your Number or Add or Port New Numbers.
911 Dialing does not function if you change your phone number or if you
add or port new phone numbers to your account, unless and until you successfully
register your location of use for each changed, newly added or newly ported
phone number.
vi. Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed
in the routing of a 911 Dialing call made utilizing the Service as compared
to traditional 911 dialing over traditional public telephone networks.
vii. Disclaimer of Liability and Indemnification.
Disclaimer of Liability and Indemnification. We do not have any control over
whether, or the manner in which, calls using our 911 Dialing service are answered
or addressed by any local or national emergency response center. We disclaim
all responsibility for the conduct of local emergency response centers and
the national emergency calling center. We rely on third parties to assist
us in routing 911 Dialing calls to local emergency response centers and to
a national emergency calling center. We disclaim any and all liability or
responsibility in the event such third party data used to route calls is incorrect
or yields an erroneous result. Neither LD Telecom nor its present or former
affiliates, owners, directors, officers or employees may be held liable for
any claim, damage, or loss, and you hereby waive all such claims or causes
of action, arising from or relating to our 911 Dialing service unless such
claims or causes of action arose from our gross negligence, recklessness or
willful misconduct.
Customer shall defend, indemnify, and hold harmless LD Telecom, its present
and former officers, directors, employees, affiliates and agents and any other
service provider who furnishes services to you in connection the Service,
from all claims, losses, damages, fines, penalties, costs and expenses (including,
without limitation, attorneys fees and costs) by, or on behalf of, you or
any third party relating to the absence, failure or outage of the Service,
including 911 Dialing, dialing that results from outages, incorrect routing
information, including physical location, Service interruption and non-accessibility,
and/or the inability of any user of the Service to be able to use 911 Dialing
or access emergency service personnel
viii. Alternate 911 Arrangements.
If you are not comfortable with the limitations of the 911 Dialing service,
you should consider having an alternate means of accessing traditional 911 or
E911 services or terminating the Service.
ix. State and/or local governments may assess fees to LD Telecom to pay for emergency services in your community.
If so, these fees will be included on your invoice.
B. Services Not Provided.
LD TELECOM'S Service does not provide for 0+ calling (including without limitation collect, third party billing, 900 or calling card calling). LD TELECOM'S Service does not support 311, 511 or other x11 (other than 911 and 411).
The phone numbers Customers obtain from LD Telecom may not be listed in any phone directories. |
