Acknowledgement of VoIP Service Limitations and 911 Calling

Your VoIP service allows you to dial 911 to reach the Emergency 911 center in your local area, in a manner similar to traditional phone service.  However, because VoIP is an internet-based phone service, the VOIP service operates differently, including how 911 calls are treated.  Brightspeed requires that you confirm your understanding and acceptance of these differences listed in Section I below before subscribing to a VOIP service.  We also require you to acknowledge your obligation to notify your end users of the differences, as summarized in Section II.

I. VOIP Differences.

Below are four key differences about VoIP service.

1. Electrical Power.  Unlike traditional telephony service, VoIP requires electrical power to function, including the ability to call 911.  The VoIP service will not work during a power outage at your or an end users service location. To maintain service during a power outage, a battery backup unit must be installed.  While Brightspeed encourages all customers to implement a battery backup unit, you are not required to obtain such a unit from Brightspeed or other sources.  If you are interested, Brightspeed can help you obtain a battery backup unit.
2. Broadband Connection. Unlike traditional telephony service, VoIP is provided over a broadband network. If your broadband network connection is terminated, disrupted or otherwise impaired, including for non-payment, your VoIP service will not function and you will not be able to make 911 calls with this service.
3. Disconnecting Current Service.  If you are porting an existing number from your current phone service, you will not be able to make or receive calls, including return calls from Emergency 911 centers, until your current phone service has been deactivated.
4. Registered Location. Depending on the VoIP service ordered, you might be able to install VoIP on devices that can be relocated, such as laptops and mobile devices.  With the VoIP service, the emergency provider designated to handle a 911 call, and the address that the emergency provider will see, are linked to the service address that you have registered at the time your account was established or which you subsequently updated in the VoIP portal. VoIP 911 calling will not work properly if you move without updating your physical location in the VoIP Portal and receiving confirmation by the VoIP portal of the updated location.    

II. Notification Requirement.

You understand and acknowledge the requirement to notify all end users who utilize your subscription of VoIP service of the limitations on access to 911 emergency service; and that access to 911 emergency service and the appropriate Emergency 911 center is only available at the location Brightspeed assigned upon initial installation (the Registered Primary Address) or the verified updated address that Customer or Customer’s end user has subsequently registered within the VoIP portal for that end user’s seat.  Brightspeed will provide labels that will indicate that 911 service has limited availability and functionality when used with the service, and Brightspeed recommends that the labels be placed on or near the equipment associated with the service.  Additionally, when users make calls using a Soft Phone with VoIP service, the Soft Phone device will display a reminder for users to verify or update their location and provide a link to enable users to see and change, if necessary, the user location which is currently registered. You should advise end users that more information about these 911 Emergency Service limitations is available at the following URL to review: www.brightspeed.com/ew/legal-resources/privacy-notice/911-advisory.html (the “Advisory”). Effective upon posting, Brightspeed may modify the Emergency Calling limitations or requirements provided in the Advisory if in Brightspeed’s reasonable opinion modifications are necessary or advisable to comply with the currently evolving Emergency Calling laws, rules and regulations.  Customer acknowledges that it has been advised of its obligations and the emergency services limitations contained in the Advisory, and further acknowledges its understanding by signing the applicable Order for Service. Customer will notify all end users of the limitations to access emergency response services as described above and in the Advisory. Customer should provide its end users with a copy of the Advisory and the associated URL.

 III. Access to Emergency Response Services.

BRIGHTSPEED RECOMMENDS THAT CUSTOMER AND END USERS ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL EMERGENCY SERVICES.

(A) Geographic Limitation.  This Service is intended for use only in the United States.  Emergency calls originated outside of the United States may not be capable of routing to the proper emergency response agencies and Customer assumes the risk of any use outside of the U.S.

(B) Emergency Calling Capability and Customer’s Obligations and Acknowledgement of Limitations. Customer will ensure that user locations are current by providing address information (the “Registered Location”) (also known as automatic location identification/“ALI” and calling line identifier/“CLI” in North America) to Brightspeed conforming to the numbering schemes or regulatory requirements applicable to the jurisdiction for the Registered Location. Customer will obtain Brightspeed’s approval of the Registered Location prior to using the Service and update the Registered Location, as needed, via the portal or other method supplied by Brightspeed.  Customer understands that Registered Location updates do not occur immediately. Brightspeed will provide Emergency Calling capability associated with the Service as required by law.  “Emergency Calling” is the ability to access emergency response services associated with the Registered Location, subject to each party’s obligations and limitations, by dialing the 911 emergency number.  Customer is responsible for understanding the local jurisdictional laws pertaining to Emergency Calling that are associated with the Service, including but not limited to the requirements regarding the level of detail to be provided related to Registered Locations.  Brightspeed specifically disclaims any such obligation.

(C) General Limitations.  The Service provides access to emergency response services on stationary and mobile devices. When using the Service for Emergency Calling purposes, Customer’s end users should always state the nature of the emergency and include their location and telephone number. Emergency response services may not be able to call the end user back if the call is not completed, dropped or disconnected, or if end users are unable to provide their phone number and physical location.  Access to emergency response services may not be available under certain circumstances. Please check the Advisory referred to in Part II above for more information on the limitations associated with accessing emergency response services.   

IV. Limitation of Liability.

(A) BRIGHTSPEED, ITS AFFILIATES, AGENTS AND CONTRACTORS WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY PERSONAL INJURY TO OR DEATH OF ANY PERSON, FOR ANY LOSS, DAMAGE OR DESTRUCTION OF ANY PROPERTY RELATING TO EMERGENCY CALLING. CUSTOMER WILL DEFEND AND INDEMNIFY BRIGHTSPEED, ITS AFFILIATES, AGENTS AND CONTRACTORS FROM ALL THIRD PARTY CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO CUSTOMER’S FAILURE TO PERFORM ITS OBLIGATIONS ASSOCIATED WITH EMERGENCY CALLING (INCLUDING WITHOUT LIMITATION, FAILURE TO ADVISE BRIGHTSPEED OF CORRECT ADDRESSES, FAILURE TO ADVISE END USERS OF ALL LIMITATIONS, FAILURE TO UPDATE THE REGISTERED LOCATION, OR USING THE SERVICE PRIOR TO RECEIVING CONFIRMATION OF THE REGISTERED LOCATION).

(B) CUSTOMER WILL DEFEND AND INDEMNIFY BRIGHTSPEED, ITS AFFILIATES, AGENTS AND CONTRACTORS FROM ALL THIRD PARTY CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO CUSTOMER’S, OR CUSTOMER’S END USER’S  OR CUSTOMER’S THIRD PARTY PROVIDER’S ACTS, OMISSIONS (INCLUDING THE FAILURE TO PURCHASE OR IMPLEMENT FEATURES THAT ENABLE THE RECEIPT AND TRANSMISSION OF DIRECT-DIAL “911” CALLS OR MULTI-LINE TELEPHONE SYSTEM NOTIFICATIONS), OR FAILURES OF CONNECTIVITY THAT IMPEDE, PREVENT OR OTHERWISE MAKE INOPERABLE THE ABILITY  OF CUSTOMER OR ITS END USERS TO DIRECTLY DIAL “911” OR TO RECEIVE OR TRANSMIT MULTI-LINE TELEPHONE SYSTEM NOTIFICATIONS, AS REQUIRED BY LAW, IN THE UNITED STATES.