1. TERMS AND CONDITIONS: Customer Acknowledges that the terms and conditions of their original Red Bolt Broadband Services Agreement are incorporated by reference as though fully set forth herein, and customer Agrees to be bound by them.
2. EMERGENCY SERVICES: Red Bolt Broadband's emergency services facilitate the routing of emergency calls from End Users (located in the United States and Canada) to an E911 service bureau; which routes calls to the appropriate Public Safety Access Platform ("PSAP") or call center; based on the physical location currently registered in the Cloud Voice Platform as the End User's address. Red Bolt Broadband's emergency services are exclusive of services offered by PSAP's or other emergency services call centers; which are considered Third Party Services.
3. REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION. Customer is required to register a valid and verified physical location with Red Bolt Broadband of each end user's voice equipment (phone or softphone) upon original provisioning of VoIP services and immediately upon any location change. Customer acknowledges, and will inform end users, that the physical location registered for the end user's equipment will be the only location transmitted to the emergency call taker and failure to maintain accurate location information, e911 communications may not function properly. When customer notifies Red Bolt Broadband of a change in the registered location of an end user, there may be a delay in making the new registered location available to route 911 calls and to advise the appropriate emergency call taker of the new registered location.
4. VOIP 911 LIMITATIONS AND RESTRICTIONS: Customer acknowledges that e911 service does not have the same functionality or availability as that associated with traditional wire-line 911 services and is subject to certain limitations and restrictions including those described herein. Customer acknowledges, represents and warrants that it has been informed by Red Bolt Broadband, and will inform all end users, and require end users to notify any potential user of the VolP services, that e911 Services will not function or will not function properly for any of the following reasons:
a. Customer fails to provide Red Bolt Broadband with an accurate, verified and up to date physical location of the voice handset. b. Loss or interruption of electrical power to a user's telephone, ATA, modem, router, switch or any other devices in the critical path between the user's Device and Red Bolt Broadband's
C. Loss or interruption of Internet access at the user's location. d. Improper installation or failure of Device, software or any other devices in the critical path between the user's telephone handset and Red Bolt Broadband's Cloud Voice Platform.
e.Suspension, disconnection, termination or failure of the service to function for any reason.
f. The user attempts a 911 call from a location/address different than the location/address registered with Red Bolt Broadband. g. Due to technical factors in network design or due to network congestion there may be a possibility of a busy signal or abnormal wait times.
5. 911 DISCLOSURE/ACKNOWLEDGMENT. Customer is responsible for ensuring that all end users agree to a 911 service limitation disclosure/acknowledgment before initiating any VoIP services, wherein the end user acknowledges that it understands the limitations on VoIP 911 service as compared to traditional wire-line service.
6. 911/ E911 LIMITATION OF LIABILITY/ INDEMNITY. Red Bolt Broadband and its affiliates, officers, directors, employees, consultants, agents, licensors, suppliers, and resellers will have no liability to customer, its end users, or any third party, and customer waives all claims and causes of action, arising out of or related to customer, its end users, or any third party's inability to dial 911 or any emergency telephone number or access an emergency service operator or emergency service. Customer hereby releases and agrees to indemnify, defend, and hold harmless Red Bolt Broadband, its affiliates, officers, directors, employees, consultants, agents, licensors, suppliers, and resellers from any and all claims, liability, damages, losses, expenses, and/ or costs (including but not limited to attorneys' fees and costs of suit) by or on behalf of customer or any third party or end user arising from or related to the failure of 911/e911 to function or function properly or Red Bolt Broadband's provision of 911/ 0911 services or failure to provide access to 911/ e911 Services.