Globalink
EMERGENCY SERVICES - 911 Service
Non-Availability of Traditional 911 or E911
Service.
END USER
MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING
EMERGENCY SERVICES. END USER acknowledges and
understands that Globalink Inc. does NOT support
traditional 911 and E911 access to emergency
services. The limited emergency response service
provided by us differs in a number of important
ways from traditional 911 and E911 as explained
further below. END USER must maintain an
alternate means of accessing traditional
emergency response services.
END USER
acknowledges and understands that our 911
Service cannot be used in conjunction with a
Soft Phone or non-interconnected Virtual Numbers
(virtual numbers not associated with a DID and
therefore cannot receive calls from a PSTN
line). Our 911 Service is not automatic; END
USER must separately take affirmative steps, as
described in this Agreement and on our website,
to register the address where END USER will use
the Services in order to activate the 911
feature. END USER must do this for each
interconnected virtual number that END USER
obtains. The 911 Service is different in a
number of important ways from traditional 911 or
E911 service as described on our website page
for E911 Service and below. END USER shall
inform any household residents, guests and other
third persons who may be present at the physical
location where END USER utilize the Service of (i)
the non-availability of traditional 911 or E911,
and (ii) the important differences in and
limitations of the our 911 service as compared
with traditional 911 or E911 Service.
The documentation that accompanies each Device
that END USER purchase should include a sticker
concerning the potential non-availability of
traditional 911 or E911 Service (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 END USER use with the Service. If
END USER did not receive a 911 Sticker with your
Device, or END USER require additional 911
Stickers, please contact our customer care
department.
Registration of Physical Location Required.
END USER
acknowledges and understands that for each
interconnected virtual number that END USER use
for the Service, END USER must register with the
physical location where END USER will be using
the Service with that virtual number. When END
USER moves the Device to another location, END
USER must register your new location. If END
USER do not register your new location, any call
END USER make using the 911 Service feature may
be sent to an emergency center near your old
address. END USER will register your initial
location of use when END USER subscribes to the
Service. Thereafter, END USER may register a new
location by logging into your control panel and
clicking on the “update 911 info” button located
next to your virtual number on the “DID Numbers”
page. For purposes of the 911 features, END USER
may only register one location at a time for
each phone line END USER use with the Service.
Confirmation of Activation Required.
END USER
acknowledges and understands that your 911
Service will not be activated for any phone line
that END USER are using with the Service, unless
and until END USER has submitted a verified
address.
How Emergency Personnel are contacted.
END USER
acknowledges and understands that Globalink Inc.
contracts with a third party to use the address
of your registered location to determine the
nearest emergency response center and then
forward your call to a general number at that
center. When the center receives your call, the
operator will have the address END USER entered
in our 911 database as well as your DID number
that END USER associated with your virtual
number. If END USER has not provided this
information, END USER must provide your address
and phone number in order to get help. In order
to allow the emergency operations center
personnel to call END USER back if necessary,
Globalink Inc. immediately disables any call
forwarding that END USER may have established in
your account. Some local emergency response
centers may decide not to have their general
numbers answered by live operators 24 hours a
day. If Globalink Inc. learns that this
is the case, Globalink Inc. will send your call
instead to a national emergency calling center
and a trained agent will contact an emergency
center near END USER to dispatch help.
END USER hereby authorize us to disclose your
name and address to third-party service
providers, including, without limitation, call
routers, call centers and public service
answering points, for the purpose of dispatching
emergency services personnel to your registered
location.
Service Outages.
(a)
Service Outages Due to Power Failure or
Disruption. END USER acknowledges and
understands that 911 Service 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 Service, will not
function until power is restored. Following a
power failure or disruption, END USER may need
to reset or reconfigure the Device prior to
utilizing the Service, including 911 Service.
(b)
Service Outages Due to Internet Outage or
Suspension or Termination of Broadband Service
or ISP Service. END USER acknowledges and
understands that service outages or suspensions
or terminations of service by your broadband
provider or ISP will prevent all Service,
including 911 Service, from functioning.
(c)
Service Outage Due to Suspension or Termination
of Your Account.
END USER
acknowledges and understands that service
outages due to suspension or termination of your
account will prevent all Service, including 911
Service, from functioning.
(d)
Service Outages Due to ISP or Broadband Provider
Blocking of Ports or Other Acts. END USER
acknowledges and understands that 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 END USER alerts us to this
situation, Globalink Inc. will attempt to work
with END USER 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 Service feature,
may not function. END USER acknowledges that
Globalink Inc. 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 Service, that may result. In the
event END USER lose service as a result of
blocking of ports or any other impediment to
your usage of the Service, END USER will
continue to be responsible for payment of the
Service charges unless and until END USER
terminate the Service in accordance with this
Agreement.
(e)
Other Service Outages. END USER acknowledges and
understands that if there is a Service outage
for any reason, such outage will prevent all
Service, including 911 Service, from
functioning. Such outages may occur for a
variety of reasons, including, but not limited
to, those reasons described elsewhere in this
Agreement.
Re-Verifying Your Address is Required if END
USER
Change
Your Number or Add or Port New Numbers. END USER
acknowledges and understands that 911 Service
does not function if END USER change your phone
number or if END USER add or port new phone
numbers to your account, unless and until END
USER successfully register your location of use
for each changed, newly added or newly ported
phone number.
Network Congestion; Reduced Speed for Routing or
Answering 911 Service Calls.
END USER
acknowledges and understands that there may be a
greater possibility of network congestion and/or
reduced speed in the routing of a 911 Service
call made utilizing the Service as compared to
traditional 911 Service over traditional public
telephone networks.
Possible Lack of Automatic Number
Identification.
END USER
acknowledges and understands that it may or may
not be possible for the local emergency
personnel to automatically obtain your phone
number when END USER use 911 Service. 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 Service call may not be able to
automatically obtain your phone number and call
END USER back if the call is not completed or is
not forwarded, is dropped or disconnected, if
END USER are unable to speak to tell the
operator your phone number, or if the Service is
not operational for any reason.
No Automated Location Identification.
END USER
acknowledges and understands that in most
service areas, it is not possible at this time
to transmit to the local emergency response
center the address that END USER registered for
911 Service. END USER will need to state the
nature of your emergency promptly and clearly,
including your location (and possibly your
telephone number), as the operator may 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 END USER are unable to speak to
tell the operator your location, or if the
Service is not operational for any reason.
Disclaimer of Liability and Indemnification.
END USER
acknowledges and understands that Globalink Inc.
do not have any control over whether, or the
manner in which, calls using our 911 Service are
answered or addressed by any local emergency
response center. Globalink Inc. disclaims all
responsibility for the conduct of local
emergency response centers and the national
emergency calling center.
END USER
acknowledges and understands that Globalink Inc.
rely on third parties to assist us in routing
911 Service calls to local emergency response
centers and to a national emergency calling
center. Globalink Inc. disclaims 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
our Globalink Inc., nor its officers or
employees, may be held liable for any claim,
damage, or loss, and END USER hereby waive any
and all such claims or causes of action, arising
from or relating to our 911 Service unless such
claims or causes of action arose from our gross
negligence, recklessness or willful misconduct.
END USER shall defend, indemnify, and hold
harmless our Globalink Inc. and or any of our
subsidiaries, its officers, directors,
employees, affiliates and agents and any other
service provider who furnishes services to END
USER 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, END USER or
any third party relating to the absence, failure
or outage of the Service, including 911 Service,
incorrectly routed 911 Service calls, and/or the
inability of any user of the Service to be able
to use 911 Service or access emergency service
personnel.
Alternate 911 Arrangements.
END USER
acknowledges and understands that Globalink Inc.
strongly encourages END USER to have an
alternate means of accessing traditional 911 or
E911 services or terminating the Service.
Globalink Inc. does not recommend END USER rely
on a non-traditional 911 service in an
emergency.
911 Fees.
END USER
acknowledges and understands that Globalink Inc.
charge a fee of $30.00 US Dollars for each call
made to the 911 Service. This is to cover the
cost of the service that Globalink Inc. must pay
when Globalink Inc. connect such calls.
Abuse.
END USER
acknowledges and understands that while our 911
Service is not traditional 911, abusing the 911
Service, making false or prank calls to a 911
service is still a crime. If END USER commits
such acts, your account will be terminated and
END USER may be prosecuted by your local and
state governments. |