VoIP Terms of Service
Emergency 911 Services
VOIP SERVICE DISCLAIMER
AND CUSTOMER ACKNOWLEDGEMENT
Note: This VOIP Service Disclaimer and Customer
Acknowledgement constitutes a part of your Broadband Services Subscriber
Agreement with DIRECPATH, LLC and its affiliates* ("DIRECPATH"). By
electronically signing this Disclaimer and Acknowledgement below, you ("You")
agree to be bound by the terms and conditions set forth herein.
[*Affiliates of DIRECPATH, LLC include PurDigital Media, Inc.; VoIP services are provided by DIRECPATH, LLC as agent for PurDigital Media, Inc.]
Thank you for selecting DIRECPATH as your
Voice-Over-Internet Protocol ("VOIP") Telephony provider. However, before You
begin using DIRECPATH's VOIP Service, there are a few important things to
understand about the Service and, in particular, about its emergency calling
(911 and E911) limitations as compared to traditional 911 and E911 service. DIRECPATH
will not provide the Service to You until We have received your acknowledgement
(see below) that You understand these E911 limitations. This VOIP Service
Disclaimer is a part of the Agreement between You and DIRECPATH, including the Terms and Conditions ("Agreement").
IT IS ALSO VERY IMPORTANT THAT YOU CAREFULLY REVIEW AND UNDERSTAND THIS
DISCLAIMER AND ACKNOWLEDGEMENT, TOGETHER WITH ALL OF THE TERMS AND CONDITIONS
OF THE AGREEMENT BETWEEN YOU AND DIRECPATH ("DISCLAIMER"). If You have
questions, please call us at 404-961-4787 OR support@DIRECPATH.net
Thank you for your cooperation.
1. BROADBAND
ACCESS AND OTHER SUBSCRIBER OBLIGATIONS.
DIRECPATH IS NOT A TELECOMMUNICATIONS CARRIER AND PROVIDES
BROADBAND ACCESS AND VOIP TELEPHONY ONLY, NOT TRADITIONAL TELEPHONE
SERVICE.
2. EMERGENCY
CALLING (911 AND E911) LIMITATIONS; INTERRUPTION OF SERVICE AND LOSS OF
EMERGENCY E911 SERVICE.
You may experience interruption of Service (or of certain
features of the Service) or degraded service quality at any time and without
notice. You will likely experience Service
outages in the event of electric power outages affecting your home or the area
in which DIRECPATH provides the Service.
While DIRECPATH will make commercially reasonable efforts to minimize
the disruptive effects of such interruptions, degraded service quality, or
outages, it makes absolutely no guarantees or assurances that these will not
occur. Except as otherwise provided in
the Agreement, such commercially reasonable efforts are DIRECPATH's sole
obligation regarding such interruptions.
Such outages or other Service disruption may include loss of
emergency 911 Service dialing capabilities for extended periods of time.
It is likely that You currently have access to either basic
911 or Enhanced 911 (E911) service. With
E911 service, when You dial 911, your telephone number and registered address
is sent to the emergency 911 center (sometimes referred to as a "public-safety
answering point" or "PSAP") assigned to your location, thus giving emergency
operators access to your telephone and
address information and permitting them to immediately respond to your
emergency call. If You are located in an
area where the emergency center does not support E911 (i.e., is not capable of
simultaneously receiving your telephone number and address) You have basic 911
service. With basic 911, the local
emergency operator will not have immediate access to your call back number or
your exact location when receiving your emergency call. Accordingly, You must be prepared to give the
basic 911 operator this information.
Until and unless You do so, the basic 911 operator may be unable to call
You back or to otherwise assist You in the event of an emergency.
DIRECPATH depends upon its underlying E911 provider to
assist DIRECPATH in supporting your 911 and E911 calls. As they upgrade our underlying connections to
emergency call centers and as these emergency call centers are upgraded from
911 to E911 answering capabilities to support E911 information, DIRECPATH will
automatically upgrade customers from basic 911 to E911 service. You will not receive notice of this
upgrade. Accordingly, as a precaution,
You should be prepared to give the local operator the basic 911 information
described above.
Furthermore, our 911 and E911 Services may not function in
the event of an electric power outage until power is restored. Following an electric power outage, You must
reset or reconfigure the terminal adapter equipment prior to utilizing the
Service, including 911 and E911 Service.
WE RECOMMEND THAT YOU HAVE AN ALTERNATIVE TELEPHONE SERVICE, EITHER
WIRELESS OR WIRELINE, THAT IS CAPABLE OF SUPPORTING 911 OR E911 CALLING AND IS
AVAILABLE AS AN ALTERNATIVE AT ALL TIMES IN CASE OF AN EMERGENCY. PLEASE NOTE THAT SOME FORMS OF WIRELESS SERVICE
DO NOT SUPPORT AUTOMATIC LOCATION IDENTIFICATION OR HAVE OTHER E911 CALLING
LIMITATIONS.
BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO ASSUME THE
RISK OF LOSING EMERGENCY 911 DIALING CAPABILITIES AND CONSENT TO THE DISCLOSURE
OF YOUR TELEPHONE NUMBER AND OTHER IDENTIFYING INFORMATION TO EMERGENCY 911
AUTHORITIES AS DIRECPATH DEEMS NECESSARY IN ITS SOLE OPINION AND
DISCRETION.
PLEASE NOTE FURTHER THE FOLLOWING LIMITATIONS ON DIRECPATH'S
911 AND E911 SERVICE:
911 and E911 Service may be limited or unavailable in the
following circumstances:
A. In certain
geographic areas where DIRECPATH's underlying E911 provider has limited access
(or no access at all) to the PSAP's facilities;
B. If your
DIRECPATH broadband connection, equipment, Services or other broadband access
connections are disconnected, suspended, or interrupted;
C. If You modify
your equipment or relocate your equipment to a location other than to the
location that You registered with us ("Registered Location");
D. If You change
your phone number or if You add new phone numbers to your account. (Please note that You must give us your
updated Registered Location specifying the location where You will use the
Service for each changed or new phone number);
E. If there are
delays or disruptions of Service in the network or Services of DIRECPATH's
underlying E911 provider;
F. If there are
network congestion, disruptions, or other problems associated with DIRECPATH's
network;
G. If your
Service is interrupted or terminated for any reason, including the suspension
or termination of your account with DIRECPATH for non-payment of invoices.
3. LIMITATION
OF LIABILITY AND DISCLAIMERS.
YOU SPECIFICALLY AGREE THAT IN NO EVENT WILL DIRECPATH (OR
ANY OF ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES,
CONTRACTORS, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIONAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION
WITH ANY USE OF (OR INABILITY TO USE) THE SERVICE OR WITH ANY USE OF (OR
INABILITY TO USE) EMERGENCY 911 SERVICES IN CONNECTION THEREWITH. YOU ALSO AGREE TO RELEASE AND DISCHARGE
DIRECPATH, ITS AFFILIATES (TOGETHER WITH ITS AND THEIR DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS AND CONTRACTORS) FROM ANY AND AGAINST ALL ACTIONS, LAWSUITS, CLAIMS,
DAMAGES, JUDGEMENTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEYS' FEES) WHATSOEVER THAT YOU MAY OTHERWISE HAVE IN
CONNECTION WITH USE (WHETHER BY YOU OR BY ANY OTHER PERSON) OF THE SERVICES
THAT ARE PROVIDED TO YOU UNDER THIS AGREEMENT (COLLECTIVELY, "CLAIMS"). TO THE FULLEST EXTENT PERMITTED BY LAW, YOU
WAIVE YOUR RIGHT (AND COVENANT NOT) TO BRING SUIT FOR SAID CLAIMS AGAINST US OR
ANY OF THE OTHER PERSONS MENTIONED IN THE PREVIOUS SENTENCE.
DIRECPATH also has no physical control over whether, or the
manner in which, calls using our 911 Service are delivered by our underlying
911 provider or whether or if they are properly answered or addressed by any
local emergency response center. ACCORDINGLY, DIRECPATH HEREBY DISCLAIMS ANY
AND ALL RESPONSIBILITY FOR THE HANDLING OF SUCH CALLS BY ANY THIRD PARTY OR FOR
ANY OTHER CONDUCT OF THE LOCAL EMERGENCY RESPONSE CENTER OR OF THE NATIONAL
EMERGENCY CALLING CENTER USED BY DIRECPATH'S UNDERLYING 911 PROVIDER.
DIRECPATH also relies on its underlying 911 provider and
other third parties to route 911 Emergency calls to the proper emergency
response center. DIRECPATH DISCLAIMS ANY
AND ALL LIABILITY OR RESPONSIBILITY FOR ANY FAILURE OR OMMISSION ON THE PART OF
SUCH THIRD PARTY. BY USING THE SERVICES,
YOU AGREE THAT NEITHER DIRECPATH, NOR ANY OF ITS AFFILIATES (OR ITS OR THEIR
OFFICERS, EMPLOYEES, OR AGENTS) WILL HAVE ANY SUCH LIABILITY OR RESPONSIBILITY
AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO
BRING ANY CLAIM AGAINST DIRECPATH, ITS OFFICERS, EMPLOYEES OR AGENTS, ARISING
FROM OR IN CONNECTION WITH THE EMERGENCY 911 SERIVCE, EXCEPT WHERE SUCH CLAIMS
RESULT FROM DIRECPATH'S (OR ITS EMPLOYEES' OR AGENTS') GROSS NEGLIGENCE OR
RECKLESS OR WILLFULL MISCONDUCT.
FURTHERMORE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
DIRECPATH, ITS EMPLOYEES, AND AGENTS HARMLESS FROM ANY SUCH CLAIM BROUGHT,
ASSERTED OR THREATENED BY ANY THIRD PARTY UNLESS CAUSED BY DIRECPATH'S (OR ITS
EMPOLOYEES' OR AGENTS') GROSS NEGLIGENCE OR RECKLESS OR WILLFULL MISCONDUCT.
IF YOU HAVE ANY QUESTIONS ABOUT THESE LIMITATIONS AND
DISCLAIMERS, PLEASE CONTACT US BY TELEPHONE AT 404-961-4787 OR EMAIL US AT
support@DIRECPATH.net.
YOU SHOULD NOT SIGN UP FOR THE SERVICE UNLESS YOU FULLY
UNDERSTAND AND AGREE WITH THESE LIMITATIONS AND DISCLAIMERS.
4. YOUR
OBLIGATION TO REGISTER YOUR LOCATION, TO GIVE OTHERS NOTICE OF EMERGENCY 911
LIMITATIONS - INCLUDING PLACING 911 WARNING STICKERS ON YOUR PHONE.
A. Your
Obligation to Register the Address of Your Physical Location
For each telephone number that You use for the Service, AT
THE TIME THAT YOU SUBSCRIBE TO THE SERVICE You must register with DIRECPATH (at
404-961-4787 or at support@DIRECPATH.net) the address of the physical location
where You will be using the Service along with your subscription information
below.
Importantly, when and if You move the Service or your
equipment to another location, YOU MUST AGAIN REGISTER THAT NEW LOCATION WITH
DIRECPATH (at 404-961-4787 or at support@DIRECPATH.net). If You do not register your new location, any
calls You make using the 911 Service feature may be sent to an emergency center
near your old address.
B. Your
Obligation to Give Others Notice of Emergency 911 Limitations
IN ADDITION, YOU AGREE TO BE FULLY RESPONSIBLE AT ALL TIMES
DURING THE TERM OF THIS AGREEMENT FOR NOTIFYING ALL MEMBERS OF YOUR HOUSEHOLD
AND ALL OTHER PERSONS AT YOUR LOCATION OF INTERRUPTIONS, THE POSSIBLE LOSS OF
EMERGENCY 911 DIALING CAPABILITIES, AND OF DIRECPATH'S LIMITATIONS OF LIABILITY
AND DISCLAIMERS DESCRIBED IN THE PREVIOUS PARAGRAPHS.
YOU ALSO AGREE (TO THE FULLEST EXTENT PERMITTED BY LAW) TO
INDEMNIFY, DEFEND AND HOLD DIRECPATH, ITS SUPPLIERS (INCLUDING ITS UNDERLYING
E911 PROVIDER), TOGETHER WITH ITS AND THEIR AFFILIATES, AND EACH OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM OR
AGAINST ANY AND ALL ASSERTED OR THREATENED CLAIMS (AS THAT TERM IS DEFINED
ABOVE) TO THE EXTENT ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE
BY ANY PERSON OR ENTITY OTHER THAN THE PERSON SIGNING BELOW OR WITH YOUR
FAILURE TO COMPLY WITH THE E911 NOTIFICATION OBLIGATIONS SET FORTH BELOW.
C. Your
Obligation to Place 911 Warning Stickers on your Telephone Handset Used with
the Service
IN ADDITION TO YOUR NOTIFICATION OBLIGATIONS IN THE PREVIOUS
PARAGRAPH AND AS A CONDITION OF PURCHASING THE SERVICES, YOU MUST PROMINENTLY
DISPLAY AT OR NEAR THE TELEPHONE HANDSET TO BE USED WITH THE SERVICES, THE E911
WARNING STICKERS SENT TO YOU IN YOUR WELCOME PACKET. FAILURE TO DO SO IS A MATERIAL BREACH OF THE
AGREEMENT BETWEEN YOU AND DIRECPATH AND GIVES DIRECPATH THE RIGHT TO TERMINATE
THIS AGREEMENT FOR CAUSE AND OTHER REMEDIES, INCLUDING WITHOUT LIMITATION, THE
RIGHT TO RECOVER DAMAGES AND TO INVOKE YOUR INDEMNIFICATION OBLIGATIONS
DESCRIBED IN THE PREVIOUS PARAGRAPH.
5. ADDITIONAL
RESTRICTIONS AND SERVICE LIMITATIONS.
Home alarm systems, fax machines and other devices that
attach to your home computers, local telephone service, cable system or other
devices may not work with the Service and DIRECPATH MAKES NO REPRESENTATION OR
WARRANTY, WHETHER EXPRESS OR IMPLIED, WHATSOEVER THAT THE SERVICE WILL WORK
WITH THESE DEVICES. Additional Service
limitations are or may be set forth elsewhere in the Agreement (including the
Terms and Conditions set forth at http://www.DIRECPATH.net/index.php?id=27 ),
as amended from time to time in accordance with the provisions thereof. It is your obligation to periodically review
DIRECPATH's Website to review these limitations and amendments.
