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NxN provides Voice over Internet Protocol (“VoIP”) services. The VoIP Services do not support E911 dialing or other emergency functions in the same way that traditional telephone services do. The Canadian Radio-television and Telecommunications Commission (“CRTC”) has mandated that VoIP service providers must inform its customers of these differences and how they may affect users’ ability to access 911 and E911 services.

It is important that you and each user of the VoIP Services understand how these differences affect your ability to access 911 and E911 services. If you have any questions or concerns about the information contained in this Notice, please contact NxN immediately.

You and each user of the VoIP Services must be aware of, understand and comply with the following:

VOIP SERVICES, INCLUDING 911 AND E911 SERVICES (THE ABILITY TO CONTACT EMERGENCY SERVICES BY DIALING 9-1-1 THROUGH THE VOIP SERVICES), MAY NOT OPERATE IN CERTAIN SITUATIONS.

Power Outages. The VoIP Services, including 911 and E911 services (the ability to contact emergency services by dialing 9-1-1), will not function in the event of a power failure or disruption. Once power service is restored, the Customer may be required to reset or reconfigure the VoIP equipment in order to use the VoIP Services to contact emergency services by dialing 9-1-1.

Broadband Connection Disruption. Disruption in your broadband connection, including outages, interruptions or degradation, or termination or suspension for any reason of your broadband services, including nonpayment, will result in the loss of VoIP Services, including 911 and E911 services (the ability to contact emergency services by dialing 9-1-1). Once the broadband connection services are restored, the Customer may be required to reset or reconfigure the VoIP equipment in order to use the VoIP Services to contact emergency services by dialing 9-1-1.

Suspension of VoIP Services. Any suspension of the VoIP Services will result in the loss of 911 and E911 services (the ability to contact emergency services by dialing 9-1-1). Once the VoIP Services are restored, you may be required to reset or reconfigure the VoIP equipment in order to use the VoIP Services to contact emergency services by dialing 9-1-1.

Network Congestion. Network congestion or other network problems, including those due to technical constraints, could result in your calls being dropped or delayed, including 911 and E911 calls to emergency services. Also, your 911 and E911 calls may take longer to connect than 911 and E911 calls made using traditional non-VoIP telephone service.

VOIP 911 AND E911 SERVICE CALLS MAY NOT BE COMPLETED OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST YOU.

Moving Your Device to a Different Physical Address. VoIP 911 and E911 service (the ability to contact emergency services by dialing 9-1-1), will not function if you move your equipment or device to a different street address or location other than your current Registered Location (the most recent information obtained by NxN that identifies the physical location of the Customer’s VoIP enabled phone or device). If you wish to move your device to an alternate physical address (even if the move is temporary or short term you must notify NxN and provide the alternate physical address information. You acknowledge and understand that it may take several days for any change in address to be completed. Your failure to submit this information to NxN could result in your 9-1-1 calls being routed to emergency personnel who will not be able to assist you and emergency personnel being dispatched to the incorrect location.

Emergency Personnel May Not Be Able to Identify or Recognize Your Phone Number. Not all public safety answering points (“PSAP”) are technically capable of recognizing your telephone number. Also, if you use a non-native telephone number (a telephone number from a local exchange area different from where you are located), the PSAP may not be able to recognize your telephone number. This means that emergency personnel may not be able to call you back if the call cannot be completed, is dropped, disconnected or if you cannot communicate your number to them. If possible, you should be prepared to give the PSAP, emergency personnel, or other operator your phone number, the nature of your emergency and your location.

Valid Address In the 911 Database. Customer is responsible for notifying NxN of the valid address in for entry in the 911 database for each phone number they intend to send 911 calls from. Customer is also responsible for sending all 911 calls associated to these numbers to NxN. 911 calls not sent to NxN will not display a caller’s location and may not complete to a PSAP or Emergency Call Relay Center.

ALTERNATIVE MEANS OF CONTACTING 911 AND E911 SERVICES.

NxN recommends that you maintain an alternate means of contacting 911 and E911 emergency services and you must inform users of the VoIP Services of such alternate means. 

DISCLAIMERS AND LIMITATIONS

NxN does not control how 911 and E911 calls are answered or handled by any local emergency response center. NxN relies entirely upon third parties to route 911 and E911 calls to local and national emergency response centers. NxN disclaims all responsibility for: (i) the actions and conduct of any and all national and local emergency response centers; (ii) any third party data used to route the call that is incorrect or yields an erroneous result; and (iii) 911 or E911 service failure caused, in whole or part, by Customer’s acts or omissions.

IN NO EVENT SHALL NxN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR ANY THIRD-PARTY PROVIDER OR VENDOR WHO MAY FURNISH SERVICES OR PRODUCTS TO YOU IN CONNECTION WITH THE VOIP SERVICES OR THE EQUIPMENT BE HELD LIABLE TO CUSTOMER, ANY USER OF THE VOIP SERVICES, OR OTHER PARTY FOR ANY CLAIM, DAMAGE, OR LOSS WHATSOEVER ARISING FROM OR RELATING TO 911 OR E911 DIALING AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO 911 OR E911 DIALING.

ACKNOWLEDGMENT

You affirmatively acknowledge that (i) you have read and understood this 911 and E911 Disclosure; (ii) you understand that while using the VoIP Services you may not be able to contact emergency services by dialing 9-1-1; and (iii) you understand that you must inform users of the VoIP Services that they may not be able to contact emergency services by dialing 9-1-1 while using the VoIP Services. You agree to indemnify, defend and hold NxN harmless against any claims brought by a third-party user of the VoIP services arising from their use or attempted use of 911 or E911 services through the VoIP Services.