Service Disclaimer

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, NEXOGY  will automatically upgrade customers with basic 911 to E911 service. NEXOGY  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 NEXOGY  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. 

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. For each phone number that you use for Service, you must register with NEXOGY  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 NEXOGY ’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.

  1. 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.
  2. 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.
  3. Service Outage Due to Termination of Your NEXOGY  Account. Service outages due to termination of your account will prevent all Service, including 911 Dialing, from functioning.
  4. Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or another 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 NEXOGY  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.
  1. 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. 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 NEXOGY  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.
Customer shall defend, indemnify, and hold harmless NEXOGY , its officers, directors, owners, employees, affiliated and related entities, agents, representatives and any other service provider who furnishes services, equipment or products to you in connection with 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 NEXOGY  to pay for emergency services in your community.  If so, these fees will be included on your invoice.