1. PAYMENT & SERVICES.
1.1 Automatic Monthly Billing. The VOCALOCITY Services are provided on a monthly basis, with an automatic monthly renewal unless you give us notice of cancellation in accordance with the requirements of Section 2 below. You agree to pay VOCALOCITY the recurring monthly service charges, set-up charges and usage charges, if applicable, for your use of the Services plus any applicable taxes as set forth in Section 1.4 below.
1.2 Payment Processing. You agree to provide us with a valid email address and a valid payment method. You must advise us immediately if your email address changes and/or payment method changes or expires. Failure to comply may result in the immediate termination of Services. You authorize VOCALOCITY to automatically bill the credit, charge or debit card you provided, or withdraw funds via electronic transfer from your checking account (depending on what payment method you are using), until you cancel the Services in accordance with the requirements of Section 2 below. You agree that VOCALOCITY may receive updated information about your account from the financial institution issuing your credit, charge or debit card.
1.3 Fee Payments & Late Charges. Except for usage based fees, all fees are due in advance the first day of each billing period. All usage based charges and any other non-recurring charges, including calls to Alaska, Hawaii and international calls (which are not included under any plan) are due the first day of each billing period following the month they were incurred. You agree to pay for all Equipment and set up fees at the time your request the Services. You agree to pay for the first month of Services within 7 days of your request for such Services. All payments are completely non-refundable. Failure to pay in full will result in immediate account suspension and VOCALOCITY shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at VOCALOCITY’S sole discretion, only when the account balance is paid in full. VOCALOCITY will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. VOCALOCITY may modify the Service fees payable by you upon at least thirty (30) days of notice to you, whether such notice is written, an email, voice mail or by publishing them on the VOCALOCITY website. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that VOCALOCITY may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated.
1.4 Taxes. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by You and will be added to any amounts otherwise charged to You unless You provide VOCALOCITY with an appropriate exemption certificate. If any amounts paid for the Services are refunded by VOCALOCITY, applicable taxes may not be refundable.
1.5 Invoice Discrepancies & Currency Conversion. We deliver all invoices through email only. You agree to notify VOCALOCITY about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to VOCALOCITY`s attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. All transactions are charged in U.S. dollars (USD). Please remember that orders placed with us will be converted from USD to your currency by your credit card company when they process the transaction. VOCALOCITY cannot be held responsible for any adverse currency fluctuations.
1.6 Release of Numbers. You acknowledge that in the event of any account termination or cancellation, all numbers associated with your account are released and may not be available to you upon your reactivation.
1.7 Regulatory Recovery Fee. A Regulatory Recovery Fee of $1.50 will be charged monthly to offset costs incurred by VOCALOCITY in complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.
1.8 Unlimited Voice Services. Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals. If VOCALOCITY finds that you are using an unlimited voice service offering for other than live dialog between two individuals, VOCALOCITY may, at its option, terminate your service or change your plan to one with no unlimited usage components. VOCALOCITY will provide notice that it intends to take any of the above actions, and you may terminate the agreement.
1.9 Metered Usage. Although the Vocalocity rate plan is unlimited, there are certain calls which will incur additional charges, such as calls to Alaska, Hawaii and all international calls. In addition, certain features such as call forwarding from auto attendants to an outside number and calls on hold in Your queue, each additional line on a conference call will all incur charges at the then current rate established by VOCALOCITY, which is currently $0.03 per minute. Metered usage is billed in full-minute increments, and actual usage is rounded up to the next full increment at the end of each call for billing purposes.
2. CANCELLATION OF VOCALOCITY SERVICES.
You may cancel the VOCALOCITY Services at any time by providing VOCALOCITY with a notice of your intent to cancel at least 72 hours in advance by emailing VOCALOCITY at billing@vocalocity.com YOU MAY ONLY CANCEL SERVICES VIA EMAIL. VOCALOCITY WILL NOT ACCEPT CANCELLATION VIA TELEPHONE, FAX OR OTHER METHODS. FAILURE TO CANCEL SERVICES VIA EMAIL IN ACCORDANCE WITH THIS SECTION WILL RESULT IN ONGOING SERVICE FEES. You acknowledge that the cancellation will be effective 72 hours after your email notification to VOCALOCITY. VOCALOCITY will provide You with email confirmation of Your cancellation of Services. If you do not receive such confirmation within 72 hours after You send a cancellation email, You must notify VOCALOCITY by sending another email to billing@vocalocity.net. You will not receive any refund or partial refund or any credits for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period and authorize VOCALOCITY to bill these fees to your payment method (e.g. your credit card). You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with VOCALOCITY. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or VOCALOCITY`s enforcement or application of this Agreement; (2) any policy or practice of VOCALOCITY, including any VOCALOCITY Privacy Policy, or VOCALOCITY`s enforcement or application of these policies; (3) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.
3. VOCALOCITY'S RIGHT TO TERMINATE OR MODIFY SERVICES.
VOCALOCITY may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event VOCALOCITY modifies the Agreement or the Services, you may terminate the Services. VOCALOCITY may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at VOCALOCITY`s sole discretion. VOCALOCITY may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from VOCALOCITY to effect such termination. Upon any termination of this Agreement (whether by you or VOCALOCITY), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. SERVICE USE RESTRICTIONS.
4.1 Compliance with Laws. You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. b) You may only use the Services for your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with with the users, services or equipment of the network. c) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to the Service. d) In addition to any other remedies available in equity or law to VOCALOCITY, failure to comply with any of the terms and conditions in this Section 4 Service Use Restrictions shall immediately terminate the Services.
4.2 Fair Use.
While most Fair Uses for our Services are permitted by VOCALOCITY, there are certain uses that cause extreme network capacity issues and interference with the network. Any use of the Services or any other action that causes a disruption in the network integrity of VOCALOCITY services or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. Examples of such prohibited uses include, but are not limited to, any autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with residential or small business usage. You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the VOCALOCITY services. You agree and represent that you are purchasing the Services and/or the Equipment for your own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of VOCALOCITY.
VOCALOCITY reserves the right to review usage of unlimited minute usage plans to ensure that you are not abusing such plans. You agree to use unlimited minute plans for normal voice or fax calls and will not employ methods or devices to take advantage of unlimited plans by using the voice or fax services excessively or for means not intended by VOCALOCITY. VOCALOCITY may terminate service immediately if, in its sole discretion, you are abusing the unlimited minute plan.
IF OVER A THIRTY DAY PERIOD, YOUR UNLIMITED USAGE EXCEEDS MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF VOCALOCITY’S CUSTOMERS OVER THE SAME THIRTY DAY PERIOD, YOU WILL BE IN VIOLATION OF VOCALOCITY’S FAIR USE POLICY. For purposes of this policy and your plan, "unlimited usage" means the combined number of inbound and outbound voice minutes and FAX PAGES, BUT excluding all advertising and informational messages sent to you directly by Vocalocity, as determined by us in our sole discretion. we reserve the right to at anytime enforce this policy in accordance with its terms (i.e., usage within any thirty (30) day period in excess of more than three (3) times the average level of usage of our unlimited plan customers over that thirty (30) day period). IN NO EVENT SHALL YOU EXCEED THE COMBINED USAGE OF 500 FAX PAGES IN ANY THIRTY DAY PERIOD. IN NO EVENT SHALL YOU EXCEED THE COMBINED voice USAGE OF 1,800 minutes IN ANY THIRTY DAY PERIOD. In the event you have violated this policy, you will automatically be charged per minute of use in excess of the fair usage limit AT THE THEN-CURRENT RATE ESTABLISHED BY VOCALOCITY, which is currently $0.06 per minute and your service will be immediately terminated. THIS OVERAGE FEE APPLIES TO ALL PLANS INCLUDING THE UNLIMITED PLANS.
5. PERSONAL INFORMATION AND PRIVACY.
VOCALOCITY utilizes the public Internet and third party networks to provide voice and data services. Accordingly, VOCALOCITY cannot guarantee the security of your voice and video communications. VOCALOCITY is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your relationship with VOCALOCITY. VOCALOCITY will not sell, rent, or lease your personally identifiable information to others. Unless required by law or subpoena VOCALOCITY will only share the personal data you provide with other VOCALOCITY entities and/or business partners that are acting on VOCALOCITY's behalf to complete the activities described herein in accordance with the VOCALOCITY Privacy Policy, located at www.vocalocity.com/privacy. Such VOCALOCITY entities and/or national or international business partners are governed by VOCALOCITY's Privacy Policy with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, VOCALOCITY may disclose personally identifiable information.
6. E-MAIL NOTIFICATION.
To let you know what new Services are available from time to time, VOCALOCITY will send you e-mails describing the latest Services, how to get access to the Services and changes to the Services. You agree that as a Service subscriber, VOCALOCITY may send you such e-mails to the address you provide. Because these e-mails are necessary for you to receive the Services, you will receive these e-mails even if you have opted out of receiving other e-mail from VOCALOCITY. If you do not want to receive these e-mails, you may cancel the Service at any time as provided in this Agreement. We deliver invoices only by email.
7. PORTED TELEPHONE NUMBERS ON SERVICE DISCONNECTION.
7.1 Single line Accounts. You may be able to take, or "port," your current number to another service provider. If you ask your new service provider to port a number from us, and we receive your request from the new service provider, along with any information necessary to verify such request, we will automatically terminate our Service for that number upon successful completion of the port. Once your Service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle. If a port is unsuccessful for any reason, your Service and your agreement with us will not terminate, you will remain a VOCALOCITY customer, and you will continue to be responsible for all charges and fees associated with your VOCALOCITY Service.
7.2 Multiple-line Accounts. If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional Equipment on your account, you are required to inform us of your intent to terminate all the Services on your account, prior to the successful completion of the requested port or we will select at our sole discretion the most appropriate billing plan for any remaining numbers and/or devices on your VOCALOCITY account, and you will continue to be responsible for all the charges and fees associated with the remaining Services on your VOCALOCITY account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle.
7.3 Request for VOCALOCITY to Port numbers. If you request that VOCALOCITY port a number from an existing service provider to VOCALOCITY, VOCALOCITY will use commercially reasonable efforts to assist you in the porting of such number. You acknowledge that service providers require verification of identity, as well as authorization and other reasonable information in order to port any numbers to VOCALOCITY. You must correctly complete a letter of authorization, provide us with a copy of your most recent bill from such service provider, as well as provide us with any other information required by such service provider to port your number. Failure to provide any information requested by VOCALOCITY or the third party services provider will delay the porting of the number to VOCALOCITY. VOCALOCITY shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.
8. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOCALOCITY FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOCALOCITY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF VOCALOCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VOCALOCITY RELATED TO THIS AGREEMENT OR THE SERVICES/CONTENT SHALL BE CANCELLATION OF THE VOCALOCITY SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO VOCALOCITY WITHIN THE LAST SIX MONTHS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. VOCALOCITY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH VOCALOCITY.
9. INDEMNIFICATION.
You agree to hold harmless, indemnify and defend VOCALOCITY, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys` fees and costs) arising out of or relating to any claims that you have violated any terms of this Agreement.
10. NO ASSIGNMENT.
This Agreement is personal to you (or the company which you represent), and may not be assigned without VOCALOCITY`s express written consent. If you are agreeing on behalf of a company, you represent that you are authorized to bind the company under this Agreement.
11. OTHER IMPORTANT PROVISIONS.
11.1 Arbitration & Jurisdiction. You and VOCALOCITY agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Services, or your use of the Services (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or VOCALOCITY toward the other, shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the City of Atlanta, State of Georgia. You and VOCALOCITY also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and VOCALOCITY may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate VOCALOCITY`s intellectual property rights, or may cause continuing or irreparable harm to VOCALOCITY (including, but not limited to, any breach that may impact VOCALOCITY`s intellectual property rights, or a breach by reverse engineering), VOCALOCITY may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and VOCALOCITY must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.). To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former customers of VOCALOCITY, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and VOCALOCITY); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and VOCALOCITY). This Agreement shall be governed by the laws of the State of Georgia and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia.
If any change in applicable law, regulation, rule or order materially affects delivery of Service, the parties will negotiate appropriate changes to this Agreement. If the parties are unable to reach agreement within 30 days after VOCALOCITY’s delivery of written notice requesting renegotiation: (a) VOCALOCITY may pass any increased costs relating to delivery of Service through to You and (b) if VOCALOCITY does so, You may terminate the affected Service without termination liability by delivering written notice to VOCALOCITY within 30 days after such fee increase becomes effective.
11.2 Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by VOCALOCITY or not. The acceptance of any purchase order is expressly made conditional on your consent to the terms set forth herein and any additional terms in your purchase order or similar document shall be null and void. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of VOCALOCITY. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. VOCALOCITY is not liable for editorial, pictorial, or typographical errors in this communication.
11.3. Equipment. You may be required to purchase telecom equipment in order to utilize the Services. Procuring and maintaining that equipment is your sole responsibility. VOCALOCITY may, at your request, facilitate the provision of Equipment from a third party supplier. While we suggest some equipment brands and facilitate your purchase of some equipment as an accommodation, the original equipment manufacturer – and not VOCALOCITY – shall be responsible for any equipment defects, if applicable. VOCALOCITY shall have no liability to you of any nature regarding such equipment. Please check the Equipment provider’s website for warranty, return rules and other terms and conditions applicable to such third party Equipment supplier. Equipment may not be returned to VOCALOCITY for any reason. ALL EQUIPMENT SALES ARE FINAL. Equipment may be returned to the manufacturer solely in the event of a defect which arises within the applicable warranty period, provided You comply with the terms of this Section and the RMA return policy. Prior to returning the equipment, you must contact VOCALOCITY so that VOCALOCITY may determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the equipment to the manufacturer at the address provided by VOCALOCITY in accordance with all RMA procedures. You have 10 days after receipt of an RMA to ship the equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the equipment, a replacement will be sent to you.
12. EMERGENCY SERVICES- 911 DIALING & NON-VOICE SYSTEMS
12.1 Non-Availability of Traditional 911 or E911 Dialing Service
You acknowledge and understand that the Service does NOT support traditional 911 or E911 access to emergency services. VOCALOCITY does offer a limited 911-type and that such 911-type dialing is different in a number of important ways (some, but not necessarily all, of which are described in this Agreement) from traditional 911 service. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or E911 dialing from your VOCALOCITY Service and Equipment.
12.2 Description of 911-Type Dialing Capabilities - Activation Required
VOCALOCITY does offer a 911-type dialing service in certain areas within the U.S. (but may not offer such service in certain areas of the U.S. and Canada) that is different in a number of important ways from traditional 911 services. When you dial 911, your call is routed from the VOCALOCITY network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation. You acknowledge and understand that when you dial 911 from your Equipment it is intended that you will be routed to the general telephone number for the PSAP or local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. You acknowledge and understand that your 911 call may not be routed to a PSAP but instead may be routed to a central call center where you will have to provide your location. VOCALOCITY relies on third parties for the forwarding of information underlying such routing, and accordingly VOCALOCITY and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Neither VOCALOCITY 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 911 dialing. You agree to indemnify and hold harmless VOCALOCITY and its third party provider from any claim or action arising out of misroutes of 911 calls, including but not limited to your failure to follow correct activation procedures for 911 calling or your provision to VOCALOCITY of incorrect information in connection therewith.
12.3 Service Outage
12.3.1 Power Failure or Disruption
You acknowledge and understand that 911 dialing does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require you to reset or reconfigure equipment prior to utilizing the Service or 911 dialing.
12.3.2 Broadband Service / ISP Outage or Termination / Suspension or Termination by VOCALOCITY
You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by VOCALOCITY will prevent ALL Service including 911 dialing.
12.3.3 Service Outage Due to Suspension of Your Account
You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.
12.3.4 Other Service Outages
You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
12.3.5 Limitation of Liability and Indemnification
You acknowledge and understand that VOCALOCITY's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless VOCALOCITY, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, you or any third party or user of your Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of you or any third person or party or user of your Service to be able to dial 911 or to access emergency service personnel.
12.4 Failure to Designate the Correct Physical Address When Activating 911 Dialing
Failure to provide the current and correct physical address and location of your Equipment will result in any 911 communications you may make being routed to the incorrect local emergency service provider. This must be the actual physical street address where you are located, not a post office box, mail drop or similar address.
12.5 Requires Notification if You Change Your Number or Add or Port New Numbers
You acknowledge and understand that 911 dialing does not function if you change your phone number or (for such newly added or ported numbers) if you add or port new numbers to your account, unless and until you have successfully notified VOCALOCITY of the correct address for your changed, newly added or newly ported number.
12.6 Requires Notification if You Move or Change Location
You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your Equipment to a different street address, unless and until you have successfully notified VOCALOCITY of such change in location and the correct address. Failure to provide the current and correct physical address and location of your Equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider
12.7 Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911
Due to the technical constraints on the manner in which it is possible to provide the 911 dialing feature for VOCALOCITY Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your Equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that 911 dialing from your Equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider's facilities when such calls are routed using traditional 911 dialing. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. You acknowledge and accept that VOCALOCITY relies on third parties for the forwarding of information underlying such routing, and accordingly VOCALOCITY and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. VOCALOCITY or its officers or employees, may not 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 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of VOCALOCITY.
12.8 Automated Number Identification
At this time in the technical development of VOCALOCITY 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. VOCALOCITY's system is configured in most instances to send the automated number identification information; however, one or more telephone companies, not VOCALOCITY, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
12.9 Automated Location Identification
At this time in the technical development of VOCALOCITY 911 Dialing, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP and emergency personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
12.10 Alternative 911 Arrangements
You acknowledge that VOCALOCITY does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
You acknowledge that the Equipment and Services do not support 911 emergency dialing or other emergency functions. You agree to notify any user of the Services, who may place calls using your phone services, of the 911 limitations. VOCALOCITY advises you to maintain an alternative means of accessing traditional 911 services such as traditional telephones and cellular phones.
12.11 Non-Voice Systems. You acknowledge that the Services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. You have no claim against VOCALOCITY for interruption or disruption of such systems by the Services.
