Common use of Disclaimer of Liability and Indemnification Clause in Contracts

Disclaimer of Liability and Indemnification. Sangoma does not have any control over whether, or the manner in which, calls using Sangoma's 911 Dialing service are answered or addressed by any local emergency response center. Sangoma disclaims any and all responsibility for the conduct of local emergency response centers. Sangoma relies on third parties to assist it in routing 911 Dialing calls to local emergency response centers. Sangoma 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. Sangoma may not be held liable for any claim, cause of action, damage, loss, liability, expense, cost, fee, charge, or penalty, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma and any other service provider who furnishes services to you in connection with the Sangoma’s Service, from any and all claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of Sangoma’s Service to be able to use 911 Dialing or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notification.

Appears in 2 contracts

Samples: cdn.sangoma.com, www.sangoma.com

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Disclaimer of Liability and Indemnification. Sangoma does We do not have any control over whether, or the manner in which, calls using Sangoma's answering and response to 911 Dialing service are answered or addressed by any local emergency response centercalls. Sangoma disclaims any and We disclaim all responsibility for the conduct of local any emergency response centers. Sangoma relies We rely on third parties to assist it us in routing 911 Dialing calls to local emergency response centers. Sangoma disclaims We disclaim any and all liability or responsibility in the event such third party data used to route calls call routing is incorrect or yields an erroneous result. Sangoma may not be held liable for any claimNEITHER TPX NOR ITS OFFICERS, cause of actionDIRECTORS, damageEMPLOYEES, lossAFFILIATES, liabilityOR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, expenseDAMAGE, costOR LOSS, feeAND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, chargeARISING FROM OR RELATING TO OUR 911 DIALING SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM OUR GROSS NEGLIGENCE, or penalty, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconductRECKLESSNESS OR WILLFUL MISCONDUCT. You shall defend, indemnify, and hold harmless Sangoma TPx, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service, from any and all claims, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or 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 Sangoma’s the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing or access emergency service personnel. You May Want to Make Alternate YOU ARE RESPONSIBLE FOR NOTIFYING TPX OF ANY CHANGES TO THE SERVICE LOCATION AND CONTACT INFORMATION PROVIDED TO ALLOW THEM TO MAINTAIN ACCURATE RECORDS AT ALL TIMES. NOT FOLLOWING THESE REQUIREMENTS MAY RESULT IN AN ADDITIONAL $125.00 FEE ASSESSED FOR EACH 911 Arrangements or Choose Not to Use Sangoma’s Service If you are not comfortable with the limitations of the CALL PLACED FROM A LOCATION NOT PROPERLY DOCUMENTED IN THE DATABASE. FINALLY, USE OF THIS SERVICE AT A NON-REGISTERED LOCATION OR FAILURE TO PROVIDE UPDATED INFORMATION TO TPX THAT RESULTS IN INACCURATE DATABASE RECORDS CAN CAUSE 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationCALLS TO BE ROUTED TO AN INCORRECT PSAP THAT CANNOT PROVIDE EMERGENCY SUPPORT TO YOUR LOCATION.

Appears in 1 contract

Samples: www.tpx.com

Disclaimer of Liability and Indemnification. Sangoma does You acknowledge and understand that FORKED DEER CONNECT and its suppliers will not be liable for any Service outage and/or inability to dial 911 using the FORKED DEER CONNECT Service or to access emergency service personnel due to the characteristics and limitation of the FORKED DEER CONNECT Service as set forth in this document. You agree to defend, indemnify, and hold harmless FORKED DEER CONNECT and its suppliers, 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 user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE. In addition, FORKED DEER CONNECT and its suppliers do not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service SERVICE are answered or addressed by any local emergency response center. Sangoma disclaims any FORKED DEER CONNECT and its suppliers disclaim all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma relies FORKED DEER CONNECT and its suppliers rely on third parties to assist it us in routing 911 Dialing SERVICE calls to local emergency response centerscenters and to a national emergency calling center. Sangoma disclaims FORKED DEER CONNECT and its suppliers 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. Sangoma may not be held liable for any claimNeither FORKED DEER CONNECT and its suppliers, cause of actionnor its officers, damagedirectors, lossemployees, liability, expense, cost, fee, charge, or penaltyaffiliates, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service 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 the 911 SERVICE unless such claims or causes of action arose from FORKED DEER CONNECT and its suppliers gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless FORKED DEER CONNECT and its suppliers, 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, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingSERVICE, incorrectly routed 911 Dialing SERVICE calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing SERVICE or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If Furthermore, you acknowledge that FORKED DEER CONNECT and its suppliers do not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceSERVICE, FORKED DEER CONNECT and its suppliers strongly recommend that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Appears in 1 contract

Samples: forkeddeerconnect.com

Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that Velocity Broadband will not be liable for any Service outage and/or inability to dial 911 using the Velocity Broadband Service or to access emergency service personnel due to the characteristics and limitations of the Velocity Broadband Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the City of Hudson, Ohio, the City of Xxxxxx - Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers 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 user of the Service relating to the failure or outage of the Service, including those related to the 911 Service. In addition, Velocity Broadband does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service Service are answered or addressed by any local emergency response center. Sangoma Velocity Broadband disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma Velocity Broadband relies on third parties to assist it us in routing 911 Dialing Service calls to local emergency response centerscenters and to a national emergency calling center. Sangoma Velocity Broadband 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. Sangoma may not be held liable for any claimNeither Velocity Broadband nor its officers, cause of actionelected officials, damagedirectors, lossemployees, liabilityaffiliates, expense, cost, fee, charge, or penalty, volunteers and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service 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 the 911 Service unless such claims or causes of action arose from Velocity Broadband gross negligence, recklessness or willful misconduct. You agree to defend, indemnify, and hold harmless Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' reasonable attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingService, incorrectly routed 911 Dialing Service calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing Service or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If Furthermore, you acknowledge that Velocity Broadband does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceService, Velocity Broadband strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Appears in 1 contract

Samples: City of Hudson Velocity Broadband Services Agreement

Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that XXXXX FIBER will not be liable for any Service outage and/or inability to dial 911 using the XXXXX FIBER Service or to access emergency service personnel due to the characteristics and limitation of the XXXXX FIBER Service as set forth in this document. You agree to defend, indemnify, and hold harmless XXXXX FIBER, 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 user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE. In addition, XXXXX FIBER does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service SERVICE are answered or addressed by any local emergency response center. Sangoma XXXXX FIBER disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma XXXXX FIBER relies on third parties to assist it us in routing 911 Dialing SERVICE calls to local emergency response centerscenters and to a national emergency calling center. Sangoma XXXXX FIBER disclaims any and all liability or responsibility in the event such third third-party data used to route calls is incorrect or yields an erroneous result. Sangoma may not be held liable for any claimNeither XXXXX FIBER nor its officers, cause of actiondirectors, damageemployees, loss, liability, expense, cost, fee, charge, or penaltyaffiliates, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service 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 the 911 SERVICE unless such claims or causes of action arose from XXXXX FIBER xxxxx negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless XXXXX FIBER, 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, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingSERVICE, incorrectly routed 911 Dialing SERVICE calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing SERVICE or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If Furthermore, you acknowledge that XXXXX FIBER does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceSERVICE, XXXXX FIBER strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxxemergency service. Instructions for Proper Care and Use of Your Battery Please follow the more detailed instructions included with your battery for proper use, storage and care of your battery to ensure that it will function as needed during a power outage. If you do not store your battery correctly, it may shorten its useful life. Environmental factors such as temperature can shorten your battery’s Serviceuseful life. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level We recommend that you store your battery above 41°F and there below 104°F. These batteries are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service rechargeable; however, they will not last forever and provides outbound dialing capacity or access shall should be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfixreplaced every 2 years, or trunk- access codewhen your device starts to make a loud beeping sound. A business owner or operator That sound means that provides residential or business facilities utilizing a telephone system or equivalent system the battery is depleted and must be replaced. See the instructions above for purchase and replacement options. You should also periodically, as described in subsection Athe instructions included with your battery, shall configure remove and test your battery to verify both the telephone or equivalent system to provide a notification to a central location on the site operation of the residential or business facility when a person within backup battery and its condition. Xxxxx Utilities will provide battery maintenance on any UPS purchased through Xxxxx Utilities at the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able current service call rate. Please call Xxxxx Fiber to be configured to provide such notification without an improvement to the system’s hardwareschedule fiber maintenance. The requirement of this subsection Xxxxx Xxxxx does not require a business owner or operator to have a person available at the central location to receive such notificationremotely monitor battery health.

Appears in 1 contract

Samples: www.e-u.cc

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Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that Velocity Broadband will not be liable for any Service outage and/or inability to dial 911 using the Velocity Broadband Service or to access emergency service personnel due to the characteristics and limitations of the Velocity Broadband Service as set forth in this Agreement. You agree to defend, indemnify, and hold harmless the City of Hudson, Ohio, the City of Xxxxxx - Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers 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 user of the Service relating to the failure or outage of the Service, including those related to the 911 Service. In addition, Velocity Broadband does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service Service are answered or addressed by any local emergency response center. Sangoma Velocity Broadband disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma Velocity Broadband relies on third parties to assist it us in routing 911 Dialing Service calls to local emergency response centerscenters and to a national emergency calling center. Sangoma Velocity Broadband 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. Sangoma may not be held liable for any claimNeither Velocity Broadband nor its officers, cause of actionelected officials, damagedirectors, lossemployees, liabilityaffiliates, expense, cost, fee, charge, or penalty, volunteers and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service 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 the 911 Service unless such claims or causes of action arose from Velocity Broadband gross negligence, recklessness or willful misconduct. You agree to defend, indemnify, and hold harmless Velocity Broadband, its officers, elected officials, directors, employees, affiliates, volunteers and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' reasonable attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingService, incorrectly routed 911 Dialing Service calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing Service or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If Furthermore, you acknowledge that Velocity Broadband does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceService, Velocity Broadband strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Appears in 1 contract

Samples: City of Hudson Velocity Broadband Services Agreement

Disclaimer of Liability and Indemnification. Sangoma You acknowledge and understand that IBBS will not be liable for any Service outage &/or inability to dial 911 using the IBBS Service or to access emergency service personnel due to the characteristics & limitation of the IBBS Service as set forth in this document. You agree to defend, indemnify, & hold harmless IBBS, its officers, directors, employees, affiliates, & agents & any other service provider who furnishes services to you in connection with the Service, from any & all claims, losses, damages, fines, penalties, costs, & expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE. In addition, IBBS does not have any control over whether, or the manner in which, calls using Sangoma's the 911 Dialing service SERVICE are answered or addressed by any local emergency response center. Sangoma IBBS disclaims any and all responsibility for the conduct of local emergency response centerscenters and the national emergency calling center. Sangoma IBBS relies on third parties to assist it us in routing 911 Dialing SERVICE calls to local emergency response centerscenters and to a national emergency calling center. Sangoma IBBS 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. Sangoma may not be held liable for any claimNeither IBBS nor its officers, cause of actiondirectors, damageemployees, loss, liability, expense, cost, fee, charge, or penaltyaffiliates, and by using the Service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma agents and any other service provider who furnishes services to you in connection with the Sangoma’s Service 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 the 911 SERVICE unless such claims or causes of action arose from IBBSS gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless IBBS, 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, causes of actionlosses, damages, lossesfines, liabilitiespenalties, expenses, costs, fees, charges, or penalties costs and expenses (including, without limitation, attorneys' attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s the Service, including 911 DialingSERVICE, incorrectly routed 911 Dialing SERVICE calls, and/or the inability of any user of Sangoma’s the Service to be able to use 911 Dialing SERVICE or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If Furthermore, you acknowledge that IBBS does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 Dialing serviceSERVICE, IBBS strongly recommends that you should consider having always have an alternate alternative means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notificationemergency service.

Appears in 1 contract

Samples: Subscriber Agreement

Disclaimer of Liability and Indemnification. Sangoma Digium Cloud Services does not have any control over whether, or the manner in which, calls using Sangoma's Digium Cloud Services' 911 Dialing service are answered or addressed by any local emergency response center. Sangoma Digium Cloud Services disclaims any and all responsibility for the conduct of local emergency response centers. Sangoma Digium Cloud Services relies on third parties to assist it in routing 911 Dialing calls to local emergency response centers. Sangoma Digium Cloud Services’ 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. Sangoma None of Digium Cloud Services, its affiliates, or any of their partners, shareholders, members, directors, managers, officers, employees or agents may not be held liable for any claim, cause of action, damage, loss, liability, expense, cost, fee, charge, or penalty, and by using the Service Digium Cloud Services’ service you hereby waive any and all such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties, arising from or relating to Xxxxxxx’s Digium Cloud Services’ 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from Sangoma’s Digium Cloud Services’ gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless Sangoma Digium Cloud Services’, its affiliates, all of their partners, shareholders, members, directors, managers, officers, employees and agents, and any other service provider who furnishes services to you in connection with the Sangoma’s ServiceDigium Cloud Services’ service, from any and all claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of Sangoma’s Servicethe Digium Cloud Services’ service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of Sangoma’s Service the Digium Cloud Services’ service to be able to use 911 Dialing or access emergency service personnel. You May Want to Make Alternate 911 Arrangements or Choose Not to Use Sangoma’s Service If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting Xxxxxxx’s Service. Direct Access to 9-1-1 Service Required A law called “Xxxx’s Law” is effective at the federal level and there are also certain state Xxxx’s law requirements. Certain of these laws requires Sangoma to provide our customers with notification of the statutory provisions contained in Kari’s Law. Xxxx’s Law states that: A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk- access code. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided that the business owner or operator’s system is able to be configured to provide such notification without an improvement to the system’s hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notification.

Appears in 1 contract

Samples: www.sangoma.com

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