Emergency Services (E911) Terms

These Emergency Services (E911) Terms ("E911 Terms") are incorporated into and form part of the ACVoIP Business Terms of Service and Residential Terms of Service(collectively, the "Terms of Service") between ACVoIP, a division of Valstar Consulting ("ACVoIP", "we", "us", or "our"), and you ("Customer", "you", or "your"). These E911 Terms describe the limitations of 911 dialing in connection with ACVoIP VoIP Services.

By subscribing to, accessing, or using ACVoIP Services, you acknowledge and accept the limitations and disclaimers set forth in these E911 Terms.

1. 911 Dialing Service Limitations

You must successfully register your location of use for each changed, newly added, or newly ported number in order for 911 dialing to function as intended. Regardless of what address you register for a SoftPhone, the national emergency response centre does not receive your phone number or physical location information when you place a 911 call.

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.

You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the ACVoIP service of the important differences and limitations of VoIP 911 dialing service as compared to E911 service, as set out above.

2. IP Relay 9-1-1

The IP Relay service is not designed for emergency calling and it should not be used as a substitute for 9-1-1 calling. Access to 9-1-1 via IP Relay has certain limitations relative to Enhanced 9-1-1 service, which is available on most traditional telephone service. The 9-1-1 operator may not know where you are calling from unless you provide accurate location information (address) when asked. 9-1-1 emergency calls made using IP Relay may take longer to be connected to the correct 9-1-1 response centre than calls made from a traditional wireline phone.

You should keep your address information current with ACVoIP as the operator may assume that you are at the address you submitted upon service registration if you are not able to speak during a 9-1-1 call. When placing a 9-1-1 call, do not disconnect until told to do so by the operator, and place the call again if you are disconnected. Make sure that you and any users of IP Relay are familiar with the nature and limitations of 9-1-1 calls placed using the service. You may contact the ACVoIP Accessibility Team with any questions about 9-1-1 service on IP Relay.

3. 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 centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centres and to a national emergency calling centre. 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 ACVoIP, a division of Valstar Consulting, 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 ACVoIP, a division of Valstar Consulting, its officers, directors, employees, affiliates and agents 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, legal fees and expenses) 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.

If you are not comfortable with the limitations of the 911 dialing service described in these E911 Terms, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.