EMERGENCY SERVICES – 911 DIALING

 
1.1 911 Dialing. Our 911 Dialing is different than traditional 911 service.

Most of our customers (other than customers of our WiFi, Softphone and other nomadic products) 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, Vitcom will automatically upgrade customers with basic 911 to E911 service. Vitcom 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 Vitcom national emergency call center. A trained agent at the emergency call center will 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 Vitcom national emergency call center include when there is a problem validating 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 a nomadic product via WiFi or Softphone, due to the portable nature of these Devices, your 911 calls will be routed to the Vitcom national emergency call center. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the Vitcom national emergency call center.

You authorize us 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.

1.2 Notify 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 Vitcom 911 Dialing as compared with basic 911 or E911. The documentation that accompanies each Device that you purchase will 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.

1.3 Registration of Physical Location Required. For each phone number that you use for the Service, you must register with Vitcom the primary 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 old address. 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 your Vitcom web account dashboard features page. 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.

1.4 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, unless and until you receive an email from us confirming that the 911 Dialing feature has been activated for that phone line.

1.5 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 Disconnection of Broadband Service or ISP Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.
(c) Service Outage Due to Disconnection of Your Vitcom Account. Service outages due to disconnection 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 Vitcom 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 disconnect 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.
1.6 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.

1.7 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.

1.8 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 emergency response center. We disclaim any and 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 Vitcom nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and 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. You shall defend, indemnify, and hold harmless VoIP World, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

1.9 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you acknowledge that it is your duty to secure alternate means of accessing traditional 911 or E911 services or disconnecting the Service.

About e911

Traditionally, dialing 911 anywhere within the United States from a business or residential landline routes your call to a local Public Safety Answering Point (PSAP) dispatcher who is trained to aid you in emergency situations by dispatching emergency medical, fire and law enforcement agencies to your location. The dispatcher is instantly provided with your physical address information.

VoIP 911 Service differs from traditional 911 services due to limitations brought on by VoIP technology. It is nearly impossible to detect where a call originates from when placed over the internet. e911 allows users to associate physical addresses with their DIDs, allowing them to have service similar to traditional 911.

When an emergency (911) call is placed over our VoIP network, the physical address you will enter at the time of e911 registration for a specific DID will be passed along to your local PSAP providing the dispatcher with the exact location help is required.

Use of our 911 Service costs a regulatory recovery fee of $0.99 per DID per month.

Terms and Conditions
Vitcom LLC – and it’s contractors, agents, employees, associates, shareholders, partners and anyone working with or for Vitcom LLC and it’s subsidiaries.

Customer – You, the person or entity, and it’s contractors, agents, employees, associates, shareholders, partners, or associates using the Vitcom LLC service.

911 – Emergency call service typically used for delivering emergency calls to a public safety access point.

PSAP: Public Safety Answering Point, VoIP: Voice over IP

Terms & Conditions
Due to recent pursuant FCC rulings and regulations, All customers who are using Vitcom LLC services as their primary residential or business telephone carrier must activate 911 Emergency Services on at least one of their DIDs.

Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.

Unfortunately, Enhanced 911 service is not available to every location within the United States at this time. Our provider, (varies – depending on your location), Is working rapidly to expand their coverage areas within the US and is expecting to cover all area of the United States by mid 2006. For locations e911 is not currently available; You will be required to announce the location of your emergency to the PSAP dispatcher.

Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will go through. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. Vitcom LLC will do everything within their power to prevent service outages within it’s network.

In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for; Your caller ID value must be set to the 10 digit number only. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call. Failure to set the correct caller ID value will result in a non-refundable $100 surcharge per 911 call.

By using Vitcom LLC’s Enhanced 911 service, Customer agrees that Vitcom LLC, it’s contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with Vitcom LLC is not held liable for emergency calls failing, even if it is determined that it is the fault of Vitcom LLC or it’s associates. Customer further agrees that they will notify their Customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the Vitcom LLC 911 service of our limitations and make Customers agree to not hold Vitcom LLC or Customer liable.

Customer will be charged a regulatory recovery fee of $0.99 per month for each DID submitted to the e911 database. This fee is non-refundable. Failure to enable e911 service will result in a non-refundable $100 surcharge per 911 call.

We reserve the right to make changes to our site, services, policies and these Terms & Conditions at any time.