VoIP & Hosted PBX
1. Enhanced 911 Versus Basic or Limited E911
ACE 911 dialing ("911 Dialing") is different from traditional 911 service. ACE's customers have access to either basic 911 or Enhanced 911 ("Enhanced E911") service, depending on the capability of their emergency center.
- Enhanced E911 Service. With Enhanced E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.
- Basic and Limited E911 Service. Customers in locations where the emergency center is not equipped to receive, capture or retain your telephone number and/or address have basic 911 or limited E911. With basic 911 or limited E911, the local emergency operator answering the call may not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he or she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers upgrade to Enhanced E911 and become capable of receiving all of our customers' information, ACE will automatically upgrade customers with basic or limited 911 to Enhanced E911 service. ACE will not give you notice of the upgrade. By using ACE's service, you authorize ACE to disclose your telephone number, name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
2. You Must Notify All Users That 911 Dialing is Different Than Traditional 911 Service.
You should inform all employees, guests and other third persons who may be present at the physical location where you utilize ACE's service of the important differences in and limitations of ACE's 911 Dialing as compared with basic 911 or Enhanced E911. The documentation that accompanies each device enabled for service (the "Device" or "Devices") will include a sticker concerning the potential non-availability of basic 911 or Enhanced E911 (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 you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care department at email@example.com.
3. You Must Register The Location of Your Physical Address.
For each phone line and telephone number that you utilize with the ACE service, you must register with ACE the physical location where you will be using the ACE service with that phone number. Your initial location will be registered as a part of subscribing to the ACE service. It is incumbent on you to confirm the accuracy of your physical address, and if you have any changes, additions or transfers of phone numbers you must notify us immediately by calling 212-868-2366 or [online at www.aceinnovative.com. ACE is providing a VoIP Trunking solution for businesses intended strictly for use at the physical address of the business. Users who are residential users or who have nomadic equipment or phones where the calling location changes as the Device moves to another location may not use ACE's service. If you are a residential user or nomadic user who attempts to make unauthorized use of ACE's service from the new location, 911 calls made will be sent to an emergency center near your old address.
4. Outages May Disrupt the ACE Service and/or E911 Dialing.
Service Outages Due to Power Failure or Disruption.911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the ACE service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the ACE service, including 911 Dialing. Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or Internet Service Provider ("ISP") Service.
Service outages or suspensions or disconnections of service by the underlying broadband provider or ISP will prevent all ACE service, including 911 Dialing, from functioning.
Service Outage Due to Disconnection of Your ACE Account.Service outages due to disconnection of your account will prevent all ACE service, including 911 Dialing, from functioning.
Service Outages Due to Customer Premise Equipment, ISP or Broadband Provider Blocking of Ports or Other Acts.Your Firewall, ISP, broadband provider or other third party may intentionally or inadvertently block the ports over which the ACE service is provided or otherwise impede the usage of the ACE service. If you suspect this has happened to you, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your ACE service is impeded, your ACE service, including 911 Dialing, may not function. You acknowledge that ACE is not responsible for the blocking of ports by any firewall or third party or any other impediment to your usage of the ACE service, and any loss of ACE service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the ACE service, you will continue to be responsible for payment for the ACE service charges unless and until you disconnect the ACE service in accordance with the terms of your written agreement with ACE covering the ACE services.
Other Service Outages.If there is a service outage for any reason, such outage will prevent all ACE service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this policy.
5. Network Congestion May Reduce Speed of Routing or Answering 911 Dialing Calls.
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the ACE service as compared to traditional 911 dialing over traditional public telephone networks.
6. Changes to Your Address or Use of a Non-Native Number May Cause Delays in Assistance.
Address changes through the process described in paragraph 4 above require processing, and delays in updating your new address in an applicable automatic location information (ALI) database my impair or restrict the ability of emergency personnel to help you. You should allow at least 24 hours for the ALI database to update before your new address will be available to emergency personnel, where available. In addition, if you move to a location that uses a different area code, exchange or other number system from the telephone number that has been assigned to you, processing your emergency call may be delayed by a local emergency center.
7. Disclaimer of Liability and Indemnification.
ACE does not have any control over whether, or the manner in which, calls using ACE's 911 Dialing service are answered or addressed by any local emergency response center. ACE disclaims any and all responsibility for the conduct of local emergency response centers. ACE relies on third parties to assist it in routing 911 Dialing calls to local emergency response centers. ACE 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. None of ACE, its affiliates, or any of their partners, shareholders, members, directors, managers, officers, employees or agents may be held liable for any claim, cause of action, damage, loss, liability, expense, cost, fee, charge, or penalty, and by using the ACE 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 ACE's 911 Dialing service unless such claims, causes of action, damages, losses, liabilities, expenses, costs, fees, charges, or penalties arose solely from ACE's gross negligence or willful misconduct. You shall defend, indemnify, and hold harmless ACE, 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 ACE 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 the ACE service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the ACE service to be able to use 911 Dialing or access emergency service personnel.
8. You May Want to Make Alternate 911 Arrangements or Choose Not to Use ACE 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 the ACE service.