KWIC Internet - Digital Home Phone - Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY. IT EXPLAINS THE 9-1-1 SERVICEINCLUDED WITH YOUR PHONE SERVICE

By using or paying for KWIC Internet Digital Home Phone service (hereinafter referred to as “Service”), you, the Customer, acknowledge and agree to all of the information below regarding the limitations of the type of 9-1-1 service associated with the Service. The Customer acknowledges and understands that the Service offers a limited 9-1-1 service and that such service differs in several important ways from traditional 9-1-1 service, as described below.

The Customer agrees to advise all users who may place calls using the Service of the limitations put forth below:

  1. KWIC Internet 9-1-1 emergency service is supported only by the software and/or Analogue Telephone Adapters (ATAs) or modems provided by KWIC Internet for use with the Service.
  2. 9-1-1 calls from the Service may be routed to a different dispatch centre than traditional 9-1-1 calls. The dispatcher will be located either at the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of subscription or as properly updated by the Customer whenever any applicable address details change.
  3. KWIC Internet 9-1-1 emergency service has certain limitations relative to Enhanced 9-1-1 service. Enhanced 9-1-1 service is the type of 9-1-1 service that is generally available on most traditional primary exchange telephone services. With Enhanced 9-1-1 service, your address information is usually available to the Public Safety Answering Point at the time of your 9-1-1 call. With KWIC Internet 9-1-1 emergency service, your call is being transmitted via the Internet rather than a traditional phone line. Because of this difference, the most up-to-date Customer address information may not arrive with the call, so a different method is required to accurately send this Customer information. This method may involve the use of an intermediary emergency service operator to help determine your current location.
  4. Anyone using the Service must be prepared to confirm their location and telephone number with the operator who answers the 9-1-1 call, as the operator may not have access to this information. Remember that KWIC Internet is your telephone service provider, and if necessary can contact 9-1-1 in situations of severe emergency to attempt to provide assistance. Once you have dialed 9-1-1, do not hang up unless you are told to do so. If your call is disconnected, call back as soon as possible. Please note that it may take up to three (3)days after initial activation of service for your address information to fully propagate throughout the 9-1-1 systems.
  5. 9-1-1 service may not be available during a power outage or network outage. 9-1-1 service may not be available if the Customer’s computer system, modem, router, equipment, wiring, or other network-enabled device is improperly configured or connected. 9-1-1 service may not function in the event of an account suspension due to non-payment or a breach of the Terms of Use, in the event of a suspension of the Customer’s Internet service by the respective Internet Service Provider due to non-payment or a breach of that provider’s terms of service. In addition, a Force Majeure event or act of God may interrupt the Service, including 9-1-1 service. The Service will be unavailable in the event of a broadband internet outage or power failure. In the event of a power outage, the Customer may be required to power-cycle (restart) the ATA or modem in order to restore the Service to its usual working conditions.
  6. 9-1-1 service may not function correctly if the Customer moves or changes locations without updating their location information with KWIC Internet. In order to have 9-1-1 calls routed correctly, the Customer must update his or her location information at least three (3)days prior to moving by calling Customer Service at 1-888-594-2266, or visiting http://www.kwic.com/corporate/contact-us.php
  7. The Customer must keep their registered location information current by updating it with KWIC Internet to help ensure successful call routing by the emergency call operator. In the event that the person placing a 9-1-1 call is unable to speak, the operator may assume that the Customer’s location is the last registered address associated with the telephone numberused to place the call. Customer location information is used to connect to the nearest and/or most appropriate emergency response centre, so it must be kept current to ensure proper response from emergency services.
  8. For technical reasons, the possibility of network congestion may mean that a 9-1-1 call will produce a busy signal or be answered in a longer time than usual, when compared with calls from a traditional 9-1-1 service placed from a fixed location that is known to the emergency service provider.
  9. The Customer should inform all residents, guests, and any other occupants both temporary and permanent who may utilize the Service, of the ways in which the Service differs from and is limited relative to traditional Enhanced 9-1-1 service, as set out above.
  10. Customers travelling outside of Canada will not have access to 9-1-1 service.
  11. If the Customer is not comfortable with assuming the risk associated with the limitations set out above, it is the Customer’s responsibility to procure an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services, or to disconnect the Service entirely.
  12. The Customers acknowledges and understands that KWIC Internet is not liable for any service outage and/or inability to dial 9-1-1 using the Service, or for any lack of emergency response resulting from the characteristics and limitations of the Service set out above. THECUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, KWIC INTERNET, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND UNDERLYING CARRIERS ARE NOT LIABLE FOR ANY INJURY, DEATH OR DAMAGES TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INABILITY ON THE PART OF KWIC INTERNET OR ITS END USERS TO ACCESS 9-1-1 AND/OR 9-1-1 EMERGENCY SERVICE. THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS KWIC INTERNET, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.