Emergency Services - TOS
VoIP e911 Service
Our Terms of Service agreement outlines the rules and guidelines that govern your interaction with our platform, ensuring a fair and secure experience for all users. It covers key aspects such as user responsibilities, content usage, privacy protection, and dispute resolution mechanisms. By agreeing to these terms, you join a community dedicated to responsible and respectful online engagement, fostering a positive and trusted environment.
Last updated December 18, 2023
Emergency Services - Terms of Service Agreement
These Terms of Service (the “Agreement”) are an agreement between Durnwood, Inc (“Durnwood” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Durnwood and of the Durnwood.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
We do not and cannot control the content, quality or accuracy of information available through our system or over the Internet in general. However, as with any user-oriented service, our service has certain policies and rules that will be enforced for your benefit and all other Internet users throughout the world.
Non-Availability of Traditional 911 or e911 Service
USER MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. USER acknowledges and understands that DURNWOOD does NOT support traditional 911 and E911 access to emergency services. The limited emergency response service provided by us differs in several important ways from traditional 911 and E911 as explained further below. USER must maintain an alternate means of accessing traditional emergency response services.
USER acknowledges and understands that our 911 Service cannot be used in conjunction with a Soft Phone or non-interconnected Virtual Numbers (virtual numbers not associated with a DID and therefore cannot receive calls from a PSTN line). Our 911 Service is not automatic; USER must separately take affirmative steps, as described in this Agreement and on our website, to register the address where USER will use the Services in order to activate the 911 feature. USER must do this for each interconnected virtual number that USER obtains. The 911 Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for E911 Service and below. USER shall inform any household residents, guests and other third persons who may be present at the physical location where USER utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the our 911 service as compared with traditional 911 or E911 Service. The documentation that accompanies each Device that USER purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 Service (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 USER use with the Service. If USER did not receive a 911 Sticker with your Device, or USER require additional 911 Stickers, please contact our customer care department.
Registration of Physical Location Required
Confirmation of Activation Required
How Emergency Personnel are contacted
USER acknowledges and understands that DURNWOOD contracts with a third party to use the address of your registered location to determine the nearest emergency response center and then forwards your call to a general number at that center. When the center receives your call, the operator will have the address USER entered in our 911 database as well as your DID number that USER associated with your virtual number. If USER has not provided this information, USER must provide your address and phone number to get help. In order to allow the emergency operations center personnel to call USER back, if necessary, DURNWOOD immediately disables any call forwarding that USER may have established in your account. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If DURNWOOD learns that this is the case, DURNWOOD will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near USER to dispatch help. USER hereby authorizes us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
(a) Service Outages Due to Power Failure or Disruption. USER acknowledges and understands that 911 Service does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Service, will not function until power is restored. Following a power failure or disruption, USER may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Service.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. USER acknowledges and understands that service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Service, from functioning.
(c) Service Outage Due to Suspension or Termination of Your Account.
USER acknowledges and understands that service outages due to suspension or termination of your account will prevent all Service, including 911 Service, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. USER acknowledges and understands that your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that USER alerts us to this situation, DURNWOOD will attempt to work with USER to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Service feature, may not function. USER acknowledges that DURNWOOD is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Service, that may result. In the event USER lose service as a result of blocking of ports or any other impediment to your usage of the Service, USER will continue to be responsible for payment of the Service charges unless and until USER terminate the Service in accordance with this Agreement.
(e) Other Service Outages. USER acknowledges and understands that if there is a Service outage for any reason, such outage will prevent all Service, including 911 Service, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
Re-Verifying Your Address is Required
Network Congestion; Reduced Speed for Routing or Answering 911 Service Calls.
Possible Lack of Automatic Number Identification
No Automated Location Identification
Disclaimer of Liability and Indemnification
USER acknowledges and understands that DURNWOOD do not have any control over whether, or the manner in which, calls using our 911 Service are answered or addressed by any local emergency response center. DURNWOOD disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center.
USER acknowledges and understands that DURNWOOD relies on third parties to assist us in routing 911 Service calls to local emergency response centers and to a national emergency calling center. DURNWOOD 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. Neither our company, nor its officers or employees, may be held liable for any claim, damage, or loss, and USER hereby waive any and all such claims or causes of action, arising from or relating to our 911 Service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. USER shall defend, indemnify, and hold harmless our Durnwood and or any of our subsidiaries, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to USER in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, USER or any third party relating to the absence, failure or outage of the Service, including 911 Service, incorrectly routed 911 Service calls, and/or the inability of any user of the Service to be able to use 911 Service or access emergency service personnel.