911 Limitations & Terms of Service
NetCall Digital Telephone is an internet-based telephone service that offers many advantages and most of the same features as a regular telephone service. However. there are some limitations that you must be aware of, especially if you are using NetCall as your primary home telephone. These limitations are as follows:
THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 911 SERVICE
NetCall (VoIP or Voice over IP) services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of NetCall telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and NetCall telephone services, including the lack of traditional 911 emergency services.
Because of the unique nature of NetCall telephone calls, emergency calls to 911 through your NetCall service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 emergency calls, and you hereby acknowledge and understand the differences between traditional 911 service and NetCall calls with respect to 911 calls placed to emergency services from your account as described below.
3.Placing 911 Calls
When you make a 911 emergency call, the NetCall service will attempt to automatically route your 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the NetCall telephone services, your 911 call may be routed to a different location than that which would be used for traditional 911 dialing. For example, your call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.
4.How Your Information is Provided
The NetCall service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
5.Correctness of Information
You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site. You can confirm and edit your address on the NetCall Management Website.
You must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or location information. If you are inadvertently disconnected, you must call back immediately.
For technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.
8.911 Calls May Not Function
For technical reasons, the functionality of 911 NetCall emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Failure of service or your service access device-if your system access equipment fails or is not configured correctly, or if your NetCall service is not functioning correctly for any reason, including power outages, NetCall service outage, suspension or disconnection of your service due to billing issues, network, or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment at a location other than that described in your account information or otherwise on record with Mascon Cable Systems.
9.Inform Other Users
You are responsible for notifying, and you agree to notify, any user or potential users of your NetCall services of the nature and limitation of 911 emergency calls on the NetCall services as described herein.
Incompatibility With Other Services. NetCall may not be compatible with some home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system. You are responsible for contacting the alarm company to determine the compatibility of any alarm monitoring or security system with the Services.
11.Limitations of Liability
Mascon Cable System’s terms of service limit and disclaim liability related to NetCall 911 service, so please read these carefully. If you do not understand and agree with the limitations of the NetCall 911 service, you should consider alternate means of accessing traditional 911 services or terminating your NetCall service.
We employ third parties to assist us in routing 911 calls to the local Emergency Response Centre’s. 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 Mascon Cable Systems nor its Affiliates, Partners, Officers, Directors, Employees may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or cause of action, arising from or relating to the 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 Mascon Cable Systems its Officers, Directors, Employees, Affiliates and Agent Partners and any other service provider who furnishes service 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 dialed calls, and or the inability of any user of the service to be able to use 911 dialing or access emergency service personnel.
We are providing this information to you before we install the service at your home so you are aware of these limitations and can make the necessary arrangements in the event that any of the above situations occur at your home.