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NOTICE OF AGREEMENT TO E911 SUBSCRIBERS

This Notice of Agreement complies with Federal Communications Commission (FCC) requirements for notification of the limitations of emergency services and your responsibility to comply with and activate this service for your own safety.

1 Unavailability of traditional 911 and E911 dialing service

WireSpeed Telecommunications’ Emergency Service does not support the familiar traditional 911 accesses to emergency services in all areas. Where we do not offer traditional 911 accesses, we offer an alternate 911 emergency service feature that first tries to route 911 calls through normal emergency channels. If this fails, your 911 calls will be routed through a direct link call center to the appropriate public safety answering point in your area. Important differences between the alternate 911 service and traditional 911 and E911 services are described below and on our website (www.wstelco.com) for 911 Dialing under Features.

Activating the alternate 911 service feature and your responsibilities

To activate this alternate 911 service feature you must register the address where you will use the service by completing the steps described in this notice and on our website. You must register each of your WireSpeed Telecommunications’ phone numbers.

It is your responsibility to inform any employees, contractors, household residents, guests, and other persons who may be present at the location where you utilize the Service of (i) the unavailability of traditional 911 or E911 services, and (ii) the important differences in and limitations of the Red Gap Communications’ alternate 911 service feature as compared with traditional 911 or E911 dialing.

2 Registration of Physical Location Required.

For each phone number that you use for the Service, you must register with WireSpeed Telecommunications the physical location where you will be using the Service with that phone number. 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 911 feature may be sent to an emergency center near your old address. You will need to register your initial location of use when you subscribe to the Service. Thereafter, you may register a new location by logging into your WireSpeed Telecommunications account by going to http://www.wstelco.com. For purposes of the 911 feature, you may only register one location at a time for each phone line you use with the Service.
 

3 How Emergency Personnel are Contacted.

We contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.

4 Service Outages.

(a) Service Outages Due to Power Failure or Disruption. The 911 Service does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911, from functioning.
(c) Service Outage Due to Suspension or Termination of Your WireSpeed Telecommunications Account. Service outages due to suspension or termination of your account will prevent all Service, including 911, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 feature, may not function. You acknowledge that WireSpeed Telecommunications is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

5 Re-Activation Required if You Change Your Number or Add or Port New Numbers.

911 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.

6 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 call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

7 Possible Lack of Automatic Number Identification.

It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.

8 No Automated Location Identification.

In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.

9 Disclaimer of Liability and Indemnification.

 We do not have any control over whether, or the manner in which, calls using our 911 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 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 WireSpeed Telecommunications 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 service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless WireSpeed Telecommunications, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, 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 Service, including 911, incorrectly routed 911 calls, and/or the inability of any user of the Service to be able to use 911 or access emergency service personnel.

10 Alternate 911 Arrangements.

If you are not comfortable with the limitations of the 911 service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.