911 emergency service over a VoIP phone (Broadband Internet) has certain limitations compared to Enhanced 911 services available on most traditional phones. It is important that you understand and agree to the conditions and limitations regarding 911 service outlined in this service agreement update.
Spout's 911 service is available upon Service activation. Applicable 911 fees are charged as of the service activation date. The 911 service provided by Spout differs in a number of important ways from traditional 911 or E911 dialing available with most traditional telephone services - and has specific limitations relative to Enhanced 911 (E911).
When placing a call to emergency services with E911 or Enhanced 911 the user's telephone number and location are automatically transmitted to the operator during the call.
With Basic 911 (B911) the user's telephone number and location are not automatically transmitted to the operator. The operator at the answering location verbally obtains the pertinent information that identifies the caller's need and physical location. The operator then determines the appropriate agency and transfers the caller. Spout provides a basic 911 type service.
When the user dials 911 the user's call is routed from Spout's network to our emergency services operator. The user will need to confirm with the operator that they are still located at the address the Customer has registered with Spout. If the user calls from a location other than the address registered with Spout, the user will need to provide our operator with a current address or location. The operator will then determine the appropriate emergency agency and transfer the user's call accordingly. There may be an additional delay to transfer the user's emergency service call to areas not served by traditional 911.
When the user dials 911, they are not to hang up unless told to do so by our operator or the emergency service attendant. If the call is disconnected prematurely the user will need to call back to re-establish a connection with the emergency services. The Customer must provide Spout with the service address for each activated and/or ported DID and/or charge number as applicable and ensure each location information is kept current at all times. Only DID numbers that are provisioned with Spout and have applicable fees paid may be used as the Calling Party ID for 911 calls. The use of any other DID or charge number constitutes a violation of this Agreement and a public safety hazard. In the event the user is unable to speak during a 911 call our operator will automatically dispatch emergency services to the address registered on file. If the user dials 911 when they are outside of Canada or the United States our emergency services operator will advise them to hang up and find a local phone line and dial the appropriate emergency services (it may not be 911).
A power failure or disruption may require The Customer to reset or reconfigure equipment prior to using the service. Power disruptions or failures or ISP (Internet Service provider) outages or partial outages or service suspension / disconnection, are likely to prevent dialing to emergency service numbers including 911. In the events listed above a user may need to access a traditional phone or cellular phone to make an emergency call. The Customer acknowledges that in the event of an outage, malfunction or any other unavailability of their Internet connection or related equipment, including without limitations, improper modification or any tampering with their computer or related software or hardware, the service may not function; the Customer will continue to be billed for the service until the Customer or Spout terminate the service in accordance with this Agreement.
The Customer must inform users and potential users of the limitations of Spout's 911 service as compared with traditional 911 service, as set out above. If a user is not comfortable with the limitations of Spout's 911 service The Customer should arrange an alternate means of accessing traditional 911 services.
Neither Spout, its affiliates or any of their respective officers, directors, employees, or agents may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The Customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his Customer phone line or to access emergency service personnel 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 Spout. Subject to the provisions of this agreement, Spout does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The Customer agrees to defend, indemnify, and hold harmless Spout, its affiliates, and their respective officers, directors, employees, agents, legal representatives and any other service provider that offers services to the Customer or Spout in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs, expenses, legal fees, etc., by, or on behalf of, the Customer, any third party or user of the Customers' service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls.