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HTDNET, LLC

*E911/911 AVAILABILITY NOTICE*

OUR FULL TERMS REGARDING VoIP AND E911/911 DIALING IS AVAILABLE AT: https://www.htd.net/terms-of-service/
Excerpt from our Terms of Service – Section 4.5 VoIP.

4.5.8. 911/E911.

4.5.8.1. Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as “911 Dialing” which is a limited emergency calling service available only on HTDNET certified devices or Equipment. The 911 Dialing feature may not work at all when used in conjunction with a SoftPhone, Virtual Numbers or Customer-provided Customer Premise Equipment. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each HTDNET phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under “Features,” and below. You shall inform any potential users who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the HTDNET 911 Dialing feature as compared with traditional 911 or E911 dialing, and (iii) YOU REPRESENT AND WARRANT THAT YOU HAVE BEEN INFORMED BY HTDNET OF THE REASONS TO HAVE AT LEAST ONE BACKUP METHOD OF ACCESSING 911/E911 SERVICE, SUCH AS A CIRCUIT-SWITCHED TDM TELEPHONE OR CELLULAR TELEPHONE, PER CUSTOMER LOCATION. The documentation that accompanies each device that you purchase or lease from HTDNET should include a WARNING LABEL/sticker concerning the potential non-availability of traditional 911 or E911 dialing (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each device, to place the 911 Sticker on each device that you use with the Service. If you did not receive a 911 Sticker with your device, or you require additional 911 Stickers, please contact Customer Support at voip@htd.net. 

4.5.8.2. REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION.  YOU ARE REQUIRED TO REGISTER YOUR PHYSICAL LOCATION WITH HTDNET UPON ORDERING THE SERVICE AND UPON MODIFYING AN EXISTING HTDNET SUBSCRIPTION BY CONTACTING VOIP@HTD.NET. IN LIEU OF SIGNING AN ONLINE E911 AGREEMENT, YOU MAY RETURN A E911 SERVICE LIMITATION DISCLOSURE/ACKNOWLEDGEMENT FORM BEFORE STARTING SERVICE, WHEREIN YOU ACKNOWLEDGE THAT YOU HAVE READ, AND UNDERSTAND THE LIMITATIONS ON VOIP 911 DIALING AS COMPARED TO TRADITIONAL WIRELINE SERVICE.  HTDNET WILL NOT PROVIDE SERVICE PURSUANT TO THIS AGREEMENT UNTIL YOU HAVE SIGNED AND RETURNED THE ACKNOWLEDGEMENT OR AGREED ONLINE. YOU WILL RECEIVE ONE E911 RECORD PER BUSINESS ADDRESS UNLESS YOU PURCHASE ADDITIONAL E911 RECORDS FOR ADDITIONAL USERS/LOCATIONS.  YOU MUST REGISTER THE PHYSCIAL LOCATION FOR EACH E911 RECORD.  THE ADDRESS INFORMATION PROVIDED MUST INCLUDE SUFFICIENT INFORMATION TO ENABLE EMERGENCY RESPONDERS TO LOCATE THE CALLING PARTY AND MUST COMPLY WITH ANY MULTILINE TELEPHONE SYSTEM REQUIREMENTS APPLICABLE TO YOU.  FOR EXAMPLE, IF APPLICABLE PURSUANT TO ANY APPLICABLE MULTILINE TELEPHONE SYSTEM REQUIREMENTS, IF YOUR LOCATION IS A MULTI-STORY BUILDING, YOU MUST PROVIDE FLOOR AND SUITE NUMBER IN ADDITION TO ADDRESS INFORMATION.  YOU ARE REQUIRED TO IMMEDIATELY UPDATE YOUR PHYSICAL LOCATION WHENEVER THE PHYSICAL LOCATION OF YOUR EQUIPMENT CHANGES BY CONTACTING VOIP@HTD.NET. YOU ACKNOWLEDGE THAT THE PHYSICAL LOCATION REGISTERED FOR EACH E911 RECORD WILL BE THE LOCATION TRANSMITTED TO THE EMERGENCY CALL TAKER, AND THAT HTDNET’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE THEN-CURRENT REGISTERED PHYSICAL LOCATION FOR YOU.  IF YOU DO NOT ACCURATELY IDENTIFY YOUR LOCATION UPON ORDERING THE HTDNET SERVICE AND/OR DO NOT UPDATE SUCH INFORMATION WHEN YOUR LOCATION CHANGES, 911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT EMERGENCY CALL TAKER.  WHEN YOU NOTIFY HTDNET OF A CHANGE IN THE REGISTERED LOCATION OF THE COMPANY OR AN INDIVIDUAL USER (FOR A SPECIFIC E911 RECORD), 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. IF YOU FAIL TO PROVIDE A REGISTERED ADDRESS, HTDNET MAY SUSPEND THE VOIP SERVICE. You may register a location by following the instructions from the “911” registration link on your HTDNET phone portal dashboard features page. For purposes of the 911 Dialing feature, you may only register one location at a time for each phone line you use with the Service.

4.5.8.3. CUSTOMER RESPONSIBILITIES.  YOU MAY NOT RESELL OR DISTRIBUTE ANY 911 SERVICES OFFERED BY HTDNET.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY UNAUTHORIZED USE OF 911 SERVICES PROVIDED BY HTDNET. YOU MAY NOT BLOCK ANY PHONE NUMBER ON A USER HANDSET WHEN DIALING 911.  DOING SO MAY INHIBIT THE CORRECT ROUTING OF 911 CALLS WHICH MAY HAVE SERIOUS LEGAL CONSEQUENCES. YOU SHALL BE SOLELY RESPONSIBLE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HTDNET, PURSUANT TO THIS AGREEMENT, FOR ANY 911 FAILURE DUE TO YOUR BLOCKING OF 911 CALLS OR FAILURE TO UPDATE YOUR REGISTERED INFORMATION AS REQUIRED.

4.5.8.4. Service Outages.

a) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing.

b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Dialing, from functioning.

c) Service Outage Due to Suspension or Termination of Your HTDNET, LLC Account. Service outages due to suspension or termination of your account will prevent all Service, including 911 Dialing, from functioning.

d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that HTDNET is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.

e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

4.5.8.5. Re-Activation Required if You Change Your Number or Add or Port New Numbers. 911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.

4.5.8.6. Network Congestion: Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.

4.5.8.7. Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.

4.5.8.8. No Automated Location Identification. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator will not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.

4.5.8.9. Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither HTDNET 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 our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless HTDNET, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

4.5.8.10. Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should have an alternate means of accessing traditional 911 or E911 services or terminating the Service.

4.6. HTDNET Equipment.  To use certain HTDNET Services, you must either purchase certain HTDNET equipment (“Equipment”), or utilize one or more industry standard Service compatible device/s provided by an independent third party if you receive the prior approval of such use by HTDNET’s management, which approval may be withheld in the sole discretion of HTDNET. You understand and agree that the Equipment, along with certain related software may be required to obtain updates or upgrades to the foregoing from time to time.  Your ability to use certain Services may be affected by the performance of these items.  You acknowledge and agree that system requirements for the Services may change from time to time and that adherence to the system requirements is your responsibility.  You are responsible for ensuring that your networks and systems are adequately secured against unauthorized intrusion or attack and for regularly backing up your data and files in accordance with good computing practices.  You shall be responsible for maintaining the security of any required user names and passwords (including both for the Account Administrator and users), and shall not disclose them to any third party.  You are also bound by the additional terms for VoIP-enabled Equipment in Schedule A hereto.

OUR FULL TERMS REGARDING VoIP AND E911/911 DIALING IS AVAILABLE AT: https://www.htd.net/terms-of-service/
Above Excerpt from our Terms of Service – Section 4.5 VoIP.

 
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