INTRODUCTION
Community Broadband provides a variety of Internet, Phone
and Networking services (the "Services") to its residential
customers (the 'Subscribers"). By using the Services, Subscribers
consent to be bound by the terms of this Policy, which may be
updated at any time, effective upon posting at
http://communitybroadband.com.
This Policy should be read in conjunction with our
Terms
of Service,
Acceptable
Use Policy,
Privacy
Policy and all other posted policies. Each Subscriber and
those who access some of the Services through a Subscriber's
account, but do not have accounts ("Visitors"), are
responsible for ensuring that the use of all Services complies
with this Policy.
Any violation of this Policy, or any policy posted at http://communitybroadband.com,
or use of the Service for any other illegal activity is subject
to immediate termination of service without notice. Any subscriber
who does not agree to be bound by these terms should immediately
terminate use of the services and notify the customer service
department at 541-504-6600.
1. INTRODUCTION TO COMMUNITY BROADBAND 911 EMERGENCY DIALING
SERVICES
In response to a recently announced FCC ruling, Community Broadband
is required to ensure that our Phone and Voice service subscribers
understand the limitations of the Community Broadband 911 Emergency
Dialing services (specifically Community Broadband E911 and
911 Dialing) as explained below. Please read this page completely
and visit the 911 Emergency Dialing FAQs
page for answers to many common questions regarding Community
Broadband Emergency Dialing services.
Enhanced 911 (E911): E911 service automatically provides
the local emergency response operator with the caller's phone
number and physical address. This enables emergency services
personnel to be dispatched to the scene even if the caller is
unable to speak or if the call is suddenly disconnected. Community
Broadband E911 service is currently not available in all areas.
We expect availability to increase throughout the region in
upcoming months. Where E911 is not already available, we offer
a limited emergency calling service known as "911 Dialing"
(see below). We've made it easy to check if you have E911 service
at your location - just dial 933 from your Community Broadband
Phone for E911 availability.
Although E911 service from a Voice over IP provider (such as
Community Broadband) performs similarly to "traditional"
landline 911, there are some circumstances which may limit the
availability and /or effectiveness of E911 when an emergency
call is placed from a Voice over IP phone. Please read section
2. COMMUNITY BROADBAND EMERGENCY DIALING REGISTRATION &
LIMITATIONS for a description of these limitations.
911 Dialing: Where we do not currently offer E911, we
offer a feature known as "911 Dialing" which is a
limited emergency calling service available only on Community
Broadband-certified Devices and Equipment. 911 Dialing uses
the address you provide to determine the nearest emergency response
center and then sends your call to a general number at that
center, which may not be manned at all hours. When the center
receives your call, the operator will not have your address
and may or may not have your phone number on hand, thus you
must provide that information in order to get help. Certain
circumstances may limit the availability and/or effectiveness
of 911 Dialing. Refer to section 2. COMMUNITY BROADBAND EMERGENCY
DIALING REGISTRATION & LIMITATIONS and section 3. ADDITIONAL
911 DIALING LIMITATIONS for more information.
For your safety, Community Broadband has provided stickers
concerning the potential non-availability of traditional 911
or E911 dialing (the "911 Sticker") with each Phone
and/or Device that you purchase. It is your responsibility to
write down your appropriate local emergency services telephone
numbers (fire, police, EMS) on the stickers and place them on
or near your Phone and Equipment. It is also your responsibility
to educate your family members, employees, coworkers, guests
and any others who might use your Phone on how to use the Service
in the event of an emergency. Contact customer
service for additional 911 stickers.
2. COMMUNITY BROADBAND EMERGENCY DIALING REGISTRATION &
LIMITATIONS
2.1. Registration of Physical Service Location Required.
Our 911 Emergency Dialing services are not automatic; you must
separately take affirmative steps, as described in this document
and on our website, to register with Community Broadband the
physical address where the Service will be used for each phone
number. The initial location of use will be registered as the
"Physical Service Address" that you designate above.
When you move your Phone and/or Equipment to a new location
(either temporarily or permanently) you must register your new
service address. You can do this via the Phone Service Support
form on the Contact Us page or by
calling Customer Service. Otherwise your 911 call could be routed
to an emergency response center not in your immediate area and,
if you have E911 service, the emergency operator may receive
an incorrect address. You may only register one location at
a time for each Community Broadband phone line. Delays in updating
911 databases may occur when you change your registered location;
Emergency Dialing services may not be available at such new
location for up to three business days.
2.2 Service Outages.
(a) Service Outages Due to Power Failure or Disruption.
Community Broadband Emergency Dialing services do not function
in the event of a power failure or disruption. If there is an
interruption in the power supply, the Service, including Emergency
Dialing, will not function until power is restored. After power
is restored, you may need to reset or reconfigure your Phone
and/or Equipment before being able to use the Service.
(b) Service Outages Due to Internet Outage, Suspension or
Termination of Your Account.
Service outages or suspensions or terminations of service
(by Community Broadband or chosen ISP) will prevent the Service,
including Emergency Dialing, from functioning.
(c) Other Service Outages.
Service outages (Community Broadband or chosen ISP) for
any reason will prevent all Service, including Emergency Dialing,
from functioning. Such outages may occur for a variety of reasons,
including, but not limited to, the reasons described in this
Agreement.
2.3 Equipment Failure.
Community Broadband Emergency Dialing services will not function
if your Phone or Equipment fails or is not configured correctly.
If there is a power outage, you may be required to reset or
reconfigure your Phone and/or Equipment before being able to
use the Service.
2.4 Re-Activation Required if You Change Your Number or
Add or Port New Numbers.
Community Broadband Emergency Dialing services do 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. You can do this via the Phone Service Support
form on the Contact Us page or by
calling Customer Service.
2.5 Network Congestion; Reduced Speed for Routing or Answering
911 Calls.
There may be a greater possibility of network congestion and/or
reduced speed in the routing of 911 calls made utilizing the
Service as compared to traditional 911 calls made over traditional
public telephone networks, possibly resulting in busy signals
or unexpected answering wait times.
2.6 Local Emergency Response Operator Unable to Capture
Location and/or Callback Phone Number Information.
(a) Calls using E911: Local Emergency Response Center Not
Configured for E911 Service.
In some instances the local emergency response center receiving
the E911 call may not have a system configured for E911 services
or be able to capture automatic number or location information.
As a result, the operator will not know your location and may
not be able to call you back if the call is not completed, is
dropped or disconnected, if you are unable to speak to provide
the operator with your phone number and location information,
or if the Service is not operational for any reason.
(b) Calls using 911 Dialing: No Automatic Location Information;
Local Emergency Response Center Not Configured for Automatic
Phone Number Information.
When placing an emergency call using 911 Dialing, the emergency
response operator will not capture automatic location information.
Although our system is configured to send automatic phone number
information, in some cases the local emergency response center
may not have a system configured to receive this information.
As a result, the operator will not know your location and may
not be able to call you back if the call is not completed, is
dropped or disconnected, if you are unable to speak to provide
the operator with your phone number and location information,
or if the Service is not operational for any reason. Refer to
section 3. ADDITIONAL 911 DIALING LIMITATIONS for more information.
3. ADDITIONAL 911 DIALING LIMITATIONS
3.1 Non-Availability of E911 Dialing Service.
Community Broadband E911 access to emergency services are not
currently supported in all locations. Where we do not offer
E911 service, we offer a feature known as "911 Dialing"
which is a limited emergency calling service available only
on Community Broadband-certified Phones, Devices or Equipment.
The 911 Dialing service may not work at all when used in conjunction
with a Soft Phone, Virtual Numbers or Subscriber provided Customer
Premise Equipment. Contact customer service
for more information.
You shall inform any family members, employees, coworkers,
guests or any other third persons 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 911 Dialing as compared with traditional
911 or E911 service. Accompanying each Phone and Device that
you purchase will be a 911 Sticker concerning the potential
non-availability of traditional 911 or E911 dialing. It is your
responsibility to write down your local emergency telephone
numbers on the stickers and place them on the Phones and Devices
that you use with the Service. Contact customer
service for additional 911 stickers.
3.2 How Emergency Services are Contacted.
We contract with a third party to use your registered physical
service address to determine the nearest emergency response
center and then forward your call to a general number at that
center. Some local emergency response centers may decide not
to have their general numbers answered by live operators 24
hours a day. If we learn that this is the case, we will send
your call instead to a national emergency calling center and
a trained agent will contact an emergency response center near
you to dispatch help. You 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 service address.
3.3 No Automatic Location Information; Local Emergency Response
Center Not Configured for Automatic Phone Number Information.
When placing an emergency call using 911 Dialing, the emergency
response operator will not capture automatic location information.
Although our system is configured to send automatic phone number
information, in some cases the local emergency response center
may not have a system configured to receive this information.
As a result, the operator will not know your location and may
not be able to call you back if the call is not completed, is
dropped or disconnected, if you are unable to speak to provide
the operator with your phone number and location information,
or if the Service is not operational for any reason.
4. DISCLAIMER & ALTERNATE ARRANGEMENTS
4.1 Disclaimer of Liability and Indemnification.
We do not have any control over whether, or the manner in which,
calls using Community Broadband Emergency Dialing services 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 calls to
local emergency response centers and the 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 Community Broadband 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 Emergency
Dialing services unless such claims or causes of action arose
from our gross negligence, recklessness or willful misconduct.
You shall defend, indemnify, and hold harmless Community Broadband,
its officers, directors, employees, affiliates and agents and
any other service provider who furnishes services to you in
connection with the Service, from any and all claims, losses,
damages, fines, penalties, costs and expenses (including, without
limitation, reasonable attorney fees) by, or on behalf of, you
or any third party or user of the Service relating to the absence,
failure or outage of the Service including Emergency Dialing
services, incorrectly routed 911 calls, and/or the inability
of any user of the Service to be able to use Emergency Dialing
services or access emergency services personnel.
4.2 Alternate 911 Arrangements.
By signing this agreement you acknowledge that Community Broadband
Emergency Dialing services have certain characteristics that
distinguish them from traditional landline 911 services. These
characteristics may make Community Broadband Emergency Dialing
unsuitable for some customers. You should carefully evaluate
your own circumstances when deciding whether to rely solely
upon Community Broadband Emergency Dialing. You acknowledge
that it is your responsibility to determine the technology or
combination of technologies best suited to meet your calling
needs, and to make the necessary provisions for access to emergency
calling services. If you are not comfortable with the limitations
of Community Broadband Emergency Dialing, you should consider
having an alternate means of emergency calling (such as maintaining
a conventional landline phone or wireless phone) or terminating
the Service.
Please visit the 911 Emergency Dialing
FAQs page for answers to many common questions regarding
Community Broadband Emergency Dialing services.