911

If you have a landline connected to your PhonePower devices, 911 will be directed through your local telephone service line provided by your local telephone service company. In this case, your 911 calls will be handled by your local telephone service company, not by us. If your phone is not connected to a landline then the following Terms and Conditions apply:

EMERGENCY CALLING

Internet-only 911 Dialing is different than traditional 911 service and is generally referred to as Enhanced 911 or E911. E911 service is subject to availability within your calling jurisdiction. With E911 service, when you dial 911, your telephone number and the service address you registered with PhonePower is sent to the local emergency center assigned to your location. 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 capture your telephone number and address have basic 911 or limited E911. In addition, you may receive basic 911 or limited E911 if you are assigned a telephone number associated with a different geographic area than the one where you are using the equipment or if you dial 911 before your registered location has been entered in the emergency operator's database. With basic 911 or limited E911, the local emergency operator answering the call may not have your telephone number or your exact location, so you must be prepared to give them this information. Certain customers may 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 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 will contact the local emergency center for such customers in order to send help. Examples of situations where 911 calls will be sent to the 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. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the national emergency call center. You authorize us to disclose your name and address to third-parties involved with providing 911 emergency services to you, including, but not limited to, call routers, call centers, and local emergency centers.

NOTIFY ALL USERS

You should inform all household residents, guests, and other third persons who may be present at the physical location where you utilize services of the important distinctions and limitations of national emergency 911 Dialing as compared with landline 911 or E911.

REGISTRATION OF PHYSICAL LOCATION REQUIRED

For each phone line that you utilize with the internet-only service, you must register with PhonePower the physical location where you will be using the equipment with that phone line. It is your responsibility to confirm the accuracy of your physical address and/or make any necessary changes via your online account. If you move the equipment to another location you still MUST update your physical address in order to ensure proper 911 Dialing functionality. If you do not update your location, any 911 calls you make may be routed to an emergency center near your old address and may result in help being sent to the wrong location. You may update a location by logging into your online account or contacting a member of our customer service team at 1-888-607-6937. For purposes of 911 Dialing, you may only register one location at a time for each phone line. Should you choose to use the PhonePower system overseas, you will not have access to emergency calling.

SERVICE OUTAGES

911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the equipment, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, or if you move the equipment, you may need to reset or reconfigure the equipment prior to utilizing 911 Dialing.

Service Outages Due to Internet Outage, Suspension, Disconnection of Broadband Service, or Internet Service Provider ("ISP") Service. Service outages, suspensions, or disconnections of service by your high-speed Internet provider or ISP will prevent all services, including 911 Dialing, from functioning.

Outage Due to Disconnection of Your PhonePower Account. Outages due to disconnection of your account will prevent the Equipment, including 911 Dialing, from functioning.

Outages Due to ISP, Broadband Provider Blocking of Ports, or Other Acts. Your ISP, high-speed Internet provider, or other third party may block the ports over which the telephone connection is made or otherwise impede the usage of the equipment. If you suspect this has happened, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your equipment is impeded, your equipment, including 911 Dialing, may not function. You acknowledge that PhonePower is not responsible for the blocking of ports by any third party or any other impediment to your usage of the equipment, and any loss of capabilities of our equipment and services, including 911 Dialing, which may result.

Other Outages. If there is an outage for any reason, such outage may prevent all equipment, 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.

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 Equipment as compared to traditional 911 Dialing over traditional public telephone networks.

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 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. Neither PhonePower 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 PhonePower, its officers, directors, employees, affiliates, agents, and assigns, and any other service provider who furnishes services to you in connection with the Equipment or Services, 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 equipment, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the equipment to be able to use 911 Dialing or access emergency service personnel.

ALTERNATE 911 ARRANGEMENTS

If you are not comfortable with the limitations of the 911 Dialing service, you should consider continuing to have a basic landline connect to your equipment.


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