VoIP & 9-1-1 Policies

Mackenzie Technology Solutions (“MTSI”, “us”, “we”, or “our”) operates the VoIP & 9-1-1 (the “Service”).

EMERGENCY SERVICES - 911 DIALING

Non-Availability of Traditional 911 or E911 Dialing Service.

MTSI VoIP offers a form of 911 service (“911 Dialing”) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (“E911”) available in most locations in conjunction with traditional telephone service. With both traditional 911 and E911 service, your call is sent directly to the nearest emergency response center. In addition, with E911 service, your call back number and address are visible to the emergency response center call-taker. With MTSI 911 service, your call is sent to a national emergency call center. The call center operator will request or confirm your location information and then transfer your 911 call to the emergency response center nearest to your location. You should be prepared to provide or confirm your address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, you should dial 911 again.

911 Dialing from Mobile Softphone Applications:

Mobile VoIP applications are not a replacement for your cellular or landline service and you cannot make emergency (e.g., 911) calls using the software. However, this does not prevent you from using your mobile phone or landline for making emergency calls via your provider as normal. Neither your phone number nor your location will be reported to an emergency operator when dialing an internationally recognized emergency service number using the mobile softphone application. MTSI at its sole discretion may disable the 911 calling service from mobile softphone applications. Any emergency calls to 911 are subject to a $150 administration fee.

Registration of Physical Location Required for Desktop Phones Only.

You should ensure your location information, when registered with MTSI, is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information if you move your device to a different location and/or if you add a new line to your account. Regardless of what address you register for MTSI VoIP Service, the national emergency response center does not necessarily receive your phone number or physical location information when you place a 911 call. Your 911 Dialing service is activated when you subscribe to MTSI VoIP Service.

Service Outages.

911 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or MTSI VoIP service, or mobile network where you are using a mobile softphone application, is suspended or disconnected. You must maintain your broadband connection in order to use the Service, or, for certain mobile applications, a WIFI or other data connection (e.g., 3G/4G) which we do not provide. Certain Services may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s or other Android or Apple tablets or devices which we may or may not provide.

Re-Registration Required if You Change Your Number or Add or Port New Numbers.

You must successfully register your location of use for each changed, newly added or newly ported number in order for 911 Dialing to function as intended. Regardless of what address you register for MTSI VoIP Service, the national emergency response center does not necessarily receive your phone number or physical location information when you place a 911 call.

Network Congestion; Reduced Speed for 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 Service as compared to traditional 911 Dialing over traditional public telephone networks.

Disclaimer of Liability and Indemnification.

We do not have any control over whether, or the manner in which, calls using our 911 Dialing service 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 Dialing calls to local emergency response centers and to a 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 MTSI nor its officers, directors, employees, affiliates or agents and any other service provider who furnishes services to you in connection with the 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 our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or wilful misconduct. You shall defend, indemnify, and hold harmless MTSI 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, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.

Alternate 911 Arrangements.

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 Service.

LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

Limitation of Liability.

We will not be liable for any delay or failure to provide the Service, including 911 Dialing or your blocking of an emergency number (e.g., police, fire department, hospital), at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

• an act or omission of an underlying carrier, service provider, vendor or other third party;

• equipment, network or facility failure;

• equipment, network or facility upgrade or modification;

• force majeure such as (but not limited to) acts of God or nature, strikes, fire, war, riot, terrorism, government actions;

• equipment, network or facility shortage;

• equipment or facility relocation;

• service, equipment, network or facility failure caused by the loss of power to you or to us;

• outage or blocking of ports by your ISP or broadband service provider or other impediment to usage of the Service caused by any third party;

• any act or omission by you or any person using the Service provided to you; or

• any other cause that is beyond our control, including, without limitation, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.

Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.

Contact Us

If you have any questions about this Policy, please contact us.