E911 EMERGENCY SERVICE NOTICE AND DISCLAIMER
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR SIMPLY-PHONES.COM SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE SIMPLY-PHONES.COM E911 EMERGENCY POLICY.
PROVISIONING OF E911-TYPE SERVICE
YOU ACKNOWLEDGE AND UNDERSTAND THAT SIMPLY-PHONES.COM SERVICE IS NOT THE SAME AS TRADITIONAL SWITCH BASED TELEPHONE SERVICE AND THAT SIMPLY-PHONES.COM E911-TYPE DIALING TO EMERGENCY SERVICES IS NOT THE SAME AS TRADITIONAL E911. YOU ACKNOWLEDGE AND UNDERSTAND THAT 911-TYPE DIALING IS NOT AUTOMATIC, THAT YOU MUST TAKE AFFIRMATIVE STEPS TO ESTABLISH CORRECT E911 ADDRESS INFORMATION WITH SIMPLY-PHONES.COM AND SECURE SUCH E911-TYPE DIALING CAPABILITIES WITH SIMPLY-PHONES.COM PROVISIONING STAFF AND CONFIRMATION OF SUCCESSFUL INTEROP TESTING ON THE SIMPLY-PHONES.COM NETWORK.
Power Failure or Disruption
You acknowledge and understand that ANY emergency dialing, including E911, WILL NOT function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and E911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or E911 dialing.
Broadband Service / ISP Outage or Termination / Suspension or Termination by SIMPLY-PHONES.COM
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by SIMPLY-PHONES.COM will prevent ALL Service, including emergency services.
Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including emergency service dialing.
Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including emergency service dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
Limitation of Liability and Indemnification
You acknowledge and understand that SIMPLY-PHONES.COM liability is limited for any Service outage from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless SIMPLY-PHONES.COM, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the absence, failure or outage of the Service, including emergency service dialing and/or inability of Customer or any third person or party or user of Customer’s Service to be able to dial emergency service or to access emergency service personnel.
False Alarm Charge
You acknowledge that transmittal of “false alarm” E911-type dialing requests to emergency services, either through accidental transmittal or incorrect caller ID configuration of PBX equipment may incur penalty charges of up to $250.00.