Common use of Limitations of E911 Service Clause in Contracts

Limitations of E911 Service. (i) Customer agrees and acknowledges that due to the unique nature of VoIP services (including, but not limited to mobility and portability of dial-tone service), there is potential for inaccurate Customer provided physical address information, thus emergency E911 operator services cannot be provided to Customer by Allied with certainty. Customer shall defend, indemnify and hold Allied, its officers, directors, employees, agents, and contractors harmless from any and all losses, damages, claims, allegations, causes of action, liabilities, penalties, fines, costs and expenses, and any other liabilities, including, without limitation, reasonable attorneys’ fees and court costs, (collectively, “Claims”), arising out of or related to the inaccuracy of any information, the inadequacy of any procedure, and/or the act, error, or omission of any Customer employee, agent, or contractor or any User, relating to the activation, implementation, use, or provision of E911 service. Neither Allied nor any Allied employee, agent, or contractor shall be liable for damages to any person, corporation, or entity relating to or arising from the provision or unavailability of E911 service other than an act or omission constituting gross negligence or willful misconduct. Additionally, if Customer uses a PBX Key System or any other multiline telephone system in connection with the Service provided by Allied, Customer is responsible for programming the telephone system to ensure that agencies receiving E911 emergency calls through the telephone system will receive accurate information about the location of the caller. During a power outage at any Customer location, normal phone service, including E911 calling, may be unavailable. Allied uses the termination address of Customer telephone service to identify Customer calling location for E911 calls/service. To ensure that E911 authorities receive Customer’s correct address, the Allied telephone services should not be moved without advance written notification to Allied. Customer must provide at least five (5) business days prior written notice to Allied to move or relocate any telephone service.