This Agreement between you (“Customer,” “You,” “They” “Their”) and Continental Divide Electric Cooperative, Inc. (“CDEC,” “Service Provider,” “Us,” “Our,” “We”) is applicable to CDEC's Red Bolt Broadband service (“Service”).
1. TERMS AND CONDITIONS: Customer acknowledges that the terms and conditions of their current Red Bolt Broadband Service Agreement are incorporated by reference as though fully set forth herein, and Customer agrees to be bound by them.
2. EMERGENCY SERVICES: Red Bolt Broadband's emergency services facilitate the routing of emergency calls from end users (located in the United States and Canada) to an E911 service bureau, which routes calls to the appropriate Public Safety Access Platform ("PSAP") or call center based on the physical location currently registered in the Cloud Voice Platform as the end user's address. Red Bolt Broadband's emergency services are exclusive of services offered by PSAPs or other emergency services call centers, which are considered third-party services.
3. REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION. Customer is required to register a valid and verified physical location of each end user's voice equipment (phone or softphone) upon original provisioning of Red Bolt VoIP services and immediately upon any location change. Customer acknowledges, and will inform end users, that the physical location registered for the end user's equipment will be the only location transmitted to the emergency call taker. Failure to maintain accurate location information may result in e911 communications not functioning properly. When Customer notifies CDEC of a change to the end user's registered location, there may be a delay in making the new location available to route 911 calls. It is the Customer's responsibility to advise the appropriate emergency call taker of the new registered location.
4. VOIP 911 LIMITATIONS AND RESTRICTIONS: Customer acknowledges that e911 service does not have the same functionality or availability as that of traditional wire-line 911 services and is subject to certain limitations and restrictions, including those described herein. Customer acknowledges, represents and warrants that they have been informed by CDEC, and will inform all end users, and require end users to notify any potential user of the VolP services that e911 services will not function or will not function properly for any of the following reasons:
- Customer fails to provide CDEC with an accurate, verified and current physical location of the voice handset.
- Loss or interruption of electrical power to a user's telephone, ATA, modem, router, switch or any other devices in the critical path between the user's device and Red Bolt Broadband's Cloud Voice Platform.
- Loss or interruption of internet access at the user's location.
- Improper installation or failure of device, software or any other devices in the critical path between the user's telephone handset and Red Bolt Broadband's Cloud Voice Platform.
- Suspension, disconnection, termination or failure of the service to function for any reason.
- The user attempts a 911 call from a location/address different than the location/address registered with CDEC.
- Due to technical factors in network design or due to network congestion, there may be a possibility of a busy signal or abnormal wait times.
5. 911 DISCLOSURE/ACKNOWLEDGMENT: Customer is responsible for ensuring all end users agree to a 911 service limitation disclosure/acknowledgment before initiating any VoIP services, wherein the end user acknowledges they understand the limitations on VoIP 911 service as compared to traditional wire-line service.
6. 911/E911 LIMITATION OF LIABILITY/INDEMNITY: CDEC and its affiliates, officers, directors, employees, consultants, agents, licensors, suppliers, and resellers will have no liability to Customer, their end users, or any third party, and waives all claims and causes of action, arising out of, or related to Customer, their end users, or any third party's inability to dial 911 or any emergency telephone number or access an emergency service operator or emergency service. Customer hereby releases and agrees to indemnify, defend, and hold harmless CDEC, its affiliates, officers, directors, employees, consultants, agents, licensors, suppliers, and resellers from any and all claims, liability, damages, losses, expenses, and/or costs (including but not limited to attorneys' fees and costs of suit) by, or on behalf of Customer or any third party or end user, arising from, or related to the failure of 911/e911 to function or function properly or Red Bolt Broadband's provision of 911/ e911 services or failure to provide access to 911/ e911 services.