babyTEL's Emergency Calling Service: 9-1-1
PLEASE READ THIS INFORMATION REGARDING 9-1-1 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF babyTEL's 9-1-1 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 9-1-1 or E9-1-1 CALLS. babyTEL's Basic 9-1-1 or Enhanced 9-1-1 (E9-1-1) service (the '9-1-1 Service') is different from traditional 9-1-1 land line service.
As a current customer of babyTEL or a future customer of babyTEL, you have subscribed or will subscribe to VoIP telephone service offered by babyTEL according to these 'Terms of Use'. The Service that we provide is known as a nomadic VoIP service. This means that babyTEL allows Customer to make calls from anywhere that you have access to a broadband Internet service. As you know, you can simply take your telephone devices with you and use the Service wherever you are located.
However, because of these nomadic capabilities, babyTEL is not currently able to automatically detect whether the Service is being used from the registered service address or from some other location. Consequently, when a subscriber relocates, babyTEL no longer has valid 9-1-1 routing or ALI (Automatic Location Information) data with which to process 9-1-1 calls from that Customer, unless the Customer updates his/her location information.
1.1 Registration of Physical Location Required. For each babyTEL account that you use for the Service, you must register with babyTEL the initial physical location where you will be using the Service with that phone number before you activate the Service by following the instructions from the "9-1-1" registration link on your babyTEL web account. For purposes of the 9-1-1 Service, you may only register one location at a time for each phone line you use with the Service. 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 9-1-1 Service will be sent to an emergency center near your old address.
1.2. Re-Registration Required if You Change or Port Your Number. The 9-1-1 Service 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 and receive confirmation from babyTEL.
Pursuant to the recent orders by the Federal Communications Commission for interconnected VoIP Providers, babyTEL has, in compliance with such orders, implemented an emergency calling service or 9-1-1 service (the '9-1-1 Service').
Most babyTEL customers have access to either basic 9-1-1 or Enhanced 9-1-1 (E9-1-1) service. With E9-1-1 service, when you dial 9-1-1, 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 9-1-1. With basic 9-1-1, the local emergency operator answering the call will not have your call back number or your exact location, so you must 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, babyTEL will automatically upgrade customers with basic 9-1-1 to E9-1-1 service. babyTEL will not give you notice of the upgrade.
Certain customers do not have access to either basic 9-1-1 or E9-1-1. If you don't have access to basic 9-1-1 or E9-1-1 your 9-1-1 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for your name, telephone number and location, and then contact the local emergency center to send help to the location that you verbally provide. Examples of situations where 9-1-1 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 enhanced 9-1-1 network.
You authorize us to disclose your name and address to third-parties involved with providing 9-1-1 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
In order to use the 9-1-1 Service, you will need to activate it according to the instructions you are provided, and which can be found at www.babytelusa.com/content_pages/babyHELPfaq_911.html.
For a complete and full description of the 9-1-1 Service go to www.babytelusa.com/content_pages/babyHELPfaq_911.html.
babyTEL is advising Customer of the following inherent limitations to the 9-1-1 Service due to the nomadic characteristics of VoIP Service. The 9-1-1 Service will not be accessible or available in the following situations:
The 9-1-1 emergency responders that are part of the 9-1-1 Service may be delayed if: You do not provide us with your current and accurate location information (i.e., where you are);(Please see Registration of Physical Location Required above); You do not advise us immediately of any changes that you make to the location information that you initially provided us; Verification of your location information is not completed: It can take up to 72 hours to complete the verification once we receive new location information; Misrouting of 9-1-1 calls occur for any reason including but not limited to your failure to follow correct activation procedures for 9-1-1 calling or your provision to us of incorrect or inaccurate or not current information in connection with the 9-1-1 Service.
In the event that an emergency call in progress is interrupted, 9-1-1 emergency personnel will be unable to call you at the phone from which you originated the call if: You have call-forwarding, do-not-disturb or other features programmed and in use at the time you dial a 9-1-1 call; Your telephone ringer is set to OFF.
In the interest of everyone's safety, you are obliged to inform all potential users of your babyTEL line (including your employees and officers of your business and visitors to your business, office or any household residents, guests and other third persons who may be present at the physical location where you utilize the Service) of these important differences in and limitations of the 9-1-1 Service as compared with basic 9-1-1 or E9-1-1. The documentation that accompanies each Device that you purchase will include a sticker concerning the potential non-availability of basic 9-1-1 or E9-1-1 (the "9-1-1 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 9-1-1 Sticker on each Device that you use with the Service. If you did not receive a 9-1-1 Sticker with your Device, or you require additional 9-1-1 Stickers, please contact babyTEL customer care department (toll free) 1-877-808-VoIP (8647).
babyTEL recommends that you should consider having an alternate means of accessing traditional 9-1-1 or E9-1-1 services.
We do not have any control over whether, or the manner in which, calls using our 9-1-1 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 9-1-1 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 babyTEL, its affiliated or related companies, divisions, nor any of our or their respective officers, employees, directors, shareholders, agents, content providers or service partners shall 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 the Service and/or the 9-1-1 Service, including, without limitation, your inability to dial 9-1-1 from your line or to access emergency service personnel unless it is proven that the act or omission causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of babyTEL.
You agree to defend, indemnify, and hold harmless babyTEL, its affiliated and related companies, divisions, and our or their respective officers, employees, directors, shareholders, affiliates and agents and any other third party service provider who furnishes services to you or to us in connection with VoIP Service, from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees and expenses) by, or on behalf of, you or any third party or user of your VoIP Service relating to the absence, failure or outage of the VoIP Service, including, without limitation, the 9-1-1 Service and/or the inability or Customer and/or any third person or party or user that gains access to or use of the VoIP Service with or without your express or implied authorization to be able to dial 9-1-1 or to access emergency service personnel, and any misrouting of 9-1-1 calls, including but not limited to your failure to follow correct activation procedures for 9-1-1 calling or your provision to us of incorrect or inaccurate or not current information in connection with the 9-1-1 Service.
Notwithstanding the Limitations that are discussed above, and having fully read and understood those Limitations as well as the limits of babyTEL's liability, you hereby fully acknowledge and accept, without limitation, the VoIP Service and the 9-1-1 Service as currently offered.
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