This Agreement ("Agreement") is between Central Wisconsin Communications, LLC, ("CWC"), d/b/a Solarus, and the undersigned End User of Voice over Internet Protocol ("VoIP") communications services. This Agreement governs both the services and devices described below provided by and approved by CWC to be connected to the CWC VoIP network. In this Agreement, "you" "your," "End User," "user," and "Customer" mean the End User of the CWC services defined below, and "CWC," "we," "our," and "us" mean CWC. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING MARKETING AND INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE CWC WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING CWC FOR FURTHER DIRECTIONS.
CWC VoIP service is an enhanced informational communication service whereby the voice communication is converted to VoIP and carried, in part, over High Speed Internet networks, also known as broadband Internet service. "Service" or "Services" is defined to include VoIP calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which CWC, in its sole discretion, may add, modify, or delete from time to time. "Service" or "Services" do not include broadband Internet service.
Service requires: (a) a broadband connection via DSL ("Digital Subscriber Line"), procured from CWC and (b) a specialized customer premise equipment called a Telephone or Terminal Adapter ("TA"), Analog Telephone Adapter ("ATA"), Integrated Access Device ("IAD"), IP Office or other such equipment (henceforth called "Device") provided by CWC that allows connectivity from a regular telephone handset (which you need to supply), or a specialized IP telephone ("Internet Protocol telephone") provided by CWC, to your broadband connection, and which you are responsible for installing yourself pursuant to instructions provided to you by CWC. If you receive packaging and/or Devices from CWC that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact CWC's customer service department immediately.
VoIP is dependent on the broadband connection, adequate power, and correct configuration of the IP phone, IP office, Terminal Adapter ("TA") or other device used to convert the voice signal to an Internet Protocol ("IP") signal. CWC does not guarantee that the service will be continuous or error-free. In addition, service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications and/or other service interruptions/outages, which may or may not be within our control or may be considered "acts of God".
You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, home security systems set up to make automatic phone calls, medical monitoring equipment, fax machines, satellite television systems and computer modems. By accepting this Agreement, you waive any claim against CWC for interference or disruption of such services and equipment due to the services.
Residential Use of Service and Device
If you have subscribed to CWC's Residential Services, the Service and any Device provided by CWC are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial, profit-making, non-profit, or governmental activities, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from CWC in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay CWC'S higher rates for commercial service on account of all periods, including past periods, in which you use or used the Service for non-residential, commercial or governmental purposes. CWC reserves the right to immediately terminate or modify the Service, if CWC determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use.
Business/Commercial Use of Service
If you have subscribed to CWC'S Business/Commercial service, the Service and any Device provided by CWC are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from CWC in advance. You agree that the CWC Business/Commercial plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. CWC reserves the right to immediately terminate or modify the Service, if CWC determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
Use of Service and Device
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when, in CWC's sole judgment, the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. CWC reserves the right to terminate your service immediately and without advance notice if CWC, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at CWC's discretion be immediately charged to your credit card or bill. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless CWC against any and all liability for any such use. If CWC, in its sole discretion believes that you have violated the above restrictions, CWC may forward the objectionable material, as well as your communications with CWC and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding. These requirements are in addition to any requirements or restrictions imposed by your broadband Internet service provider.
Use of Service and Device by
Customers Outside the United States
While the Service may be used within the United States to contact persons in other countries, CWC does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States, and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless CWC against any and all liability for any such use. Should the removal from the United States of the Device violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless CWC against any and all liability for such violation. CWC reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States.
Loss of Service Due to Power
Failure, Internet Service Outage, Termination, Suspension,
or Termination by CWC
You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet Service Provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or CWC terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or an ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911 calling feature if provided as part of the service. Should CWC suspend or terminate your Service, the Service will not function until such time as CWC restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on CWC's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of CWC are and shall remain the exclusive property of CWC and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that CWC will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
Tampering with the Service or Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from CWC which CWC may deny in each instance in its sole discretion. CWC reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You agree not to hack or disrupt the Service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
Theft of Service
You agree to notify CWC immediately, in writing or by calling the CWC customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as CWC receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
The Device must be returned to CWC within five (5) days of the termination of Service and (i) the Device must be undamaged and in original condition, reasonable wear and tear excluded; (ii) all parts, accessories, documentation and packaging materials must be returned; and (iii) equipment must be returned with a valid return authorization number obtained from CWC customer service department. If any of these conditions are not met, you will be charged for unreturned equipment in the amount of $79.95. You are responsible for any and all costs and risks of return shipping of equipment.
Ownership and Risk of Loss
You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped until the time (if any) when it is returned by you pursuant to Section 13, and has been received by CWC.
You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by CWC. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Federal or State telecommunications regulatory agencies.
Number Transfer on Service Termination
Upon termination of the Service, if you wish to have CWC release a telephone number that was ported in for you from a previous service provider, CWC will make reasonable efforts to do so, provided that: (i) your new service provider is able to accept such number, (ii) you make the request before your account with CWC has been terminated; and (iii) your CWC account is completely current including payment for all charges.
Suspension of Your Account
You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues, non-payment or delinquency of your account or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 dialing.
YOU ACKNOWLEDGE AND UNDERSTAND THAT CWC WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING CWC OR TO ACCESS ANY EMERGENCY SERVICE PERSONNEL DUE TO THE CHARACTERISTICS AND LIMITATION OF CWC SERVICE SET FORTH IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CWC, 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, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. YOU ACKNOWLEDGE THAT CWC DOES NOT OFFER LIFELINE SERVICE, AND THAT WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE.
Changes to this Agreement
CWC may change the terms and conditions of this Agreement including the rates and charges for Service from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of the CWC website (currently located at http://www.talkwithus.biz). Such changes will become binding on Customer, on the date posted to the CWC website and no further notice by CWC is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
In addition to the requirements set forth in Section 13, all returned Devices must be in the original packaging with the UPC and MAC bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return authorization number obtained from CWC's customer service department. The User is responsible for the cost and risk of return shipping of equipment. THE MONEY BACK GUARANTEE WILL NOT BE HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS.
If you make use of CWC Toll Free feature or any toll free feature that may be offered by CWC in the future, you acknowledge and agree that CWC is entitled to recover from you any charges imposed on CWC by payphone owners or operators, either directly indirectly through CWC suppliers in connection with toll free calls made to your number, or any charges imposed on CWC by its suppliers to recover such costs. CWC may recover these amounts by means of a per-call charge, rounded up to the next cent, or in such other fashion as CWC deems appropriate for the recovery of these costs.
for Directory Calls
CWC will charge 99 cents for each call made to CWC directory assistance.
Limitation of Liability
Neither CWC nor its stockholders, officers, directors employees, affiliates or agents, nor any other service provider who furnishes services to Customer in connection with this agreement shall be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: (a) act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of god; strikes; fire; lighting; flooding; natural disasters; power surges; war; riot; government actions; (e) equipment, network or facility shortage; (f) equipment or facility relocation; (g) service, equipment, network or facility failure caused by the loss of power to Customer; (h) outage of Customer's ISP or broadband service provider; (i) act or omission of Customer or any person using the Service or Device provided to Customer; (j) any failure or defect in any Device supplied to Customer; or (k) any other cause that is beyond CWC control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 911 dialing) to be connected or completed, or degradation of voice quality.
Limitation of Damages
CWC'S AGGREGATE LIABILITY FOR (A) ANY FAILURE OR MISTAKE; (B) ANY CLAIM WITH RESPECT TO CWC'S PERFORMANCE OR NONPERFORMANCE HEREUNDER OR (C) ANY CWC ACT OR OMISSION IN CONNECTION WITH THE SUBJECT MATTER HEREOF, SHALL IN NO EVENT EXCEED CREDIT FOR SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
IN NO EVENT SHALL CWC, ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OF OR DAMAGE TO CUSTOMER'S DATA, FILES, PROGRAMS OR INFORMATION, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT CWC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, any Device supplied by CWC or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Resolution of Disputes-Mandatory
Any dispute or claim between Customer and CWC arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Madison, Wisconsin and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
No Warranties on Service
CWC MAKES NO WARRANTIES AS TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FINESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMACE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, CWC DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CWC OR CWC AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
No Warranties or Limited Warranties
If Customer received the Device new from CWC and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer's Device did not include a limited warranty from CWC at the time of receipt, Customer agrees that it accepts its Device "AS IS" and that Customer is not entitled to replacement or refund in the event of any defect. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE, CWC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHATABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You are liable for any and all claims that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or any other user's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. CWC reserves the right to terminate or suspend affected Services, and/or remove your or any other users' content from the Services if CWC determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with CWC's ability to provide Services to you or others, or if CWC receives notice from anyone that your or any other users' use of content may violate any laws or regulations. CWC's actions or inaction under this Section shall not constitute review or approval of your or any other users' use or content. You will indemnify and hold CWC against any and all liability arising from the content transmitted by or to you or to any other users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
The Agreement and the relationship between you and CWC shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 32, you and CWC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Wisconsin, and waive any objection as to venue or inconvenient forum.
The failure of CWC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
This Agreement and the rates and terms for Services found on CWC or Solarus website constitute the entire agreement between you and CWC and govern your use of the Service, superseding any prior agreements between you and CWC and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon CWC.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Addendum to Voice Over Internet
Protocol Agreement (VoIP)
EMERGENCY SERVICES - 911 DIALING PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF CWC 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS. You agree to notify any user who may place calls using your Service, including any household residents or guests who may be present in your household, of the limitations of 911 Emergency Dialing. We recommend that you maintain an alternative means of accessing emergency services in the event of Service disruption for any reason.
Optional 911 Service
911 Emergency Dialing is available as an optional service in select areas. To activate this service, you must register the physical location of your Device with CWC, and that location must be within the geographic serving area of a Public Safety Answering Point ("PSAP") to which CWC has enabled for this service. If you fail to activate and properly configure 911 Emergency Dialing, the Service will not support 911 Emergency Dialing, and you acknowledge and agree to this requirement. 911 Emergency Dialing will not function until you receive notification from CWC, via electronic mail, website notation or some other means, that 911 Emergency Dialing has been successfully enabled for your service, and you acknowledge and agree to this requirement.
You must provide the correct Service Address during the registration process, which will be utilized by CWC in the establishment and operation of 911 Emergency Dialing. Failure to provide the correct and proper address location may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach and render emergency service. You acknowledge that 911 dialing will not function properly if you move your Device to another service address, either temporarily or permanently, unless the new address has been properly recorded and in an area for which CWC provides 911 Emergency Dialing. You may change your Service Address by following the procedures specified on the CWC website.
Basic/Traditional 911 Service
In select areas, CWC may not support 911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a 911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using CWC may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.
Enhanced 911 Service
In select area, CWC provides Enhanced/E911 capabilities, if you have activated and properly configured 911 Emergency Dialing. When the caller dials 911 on a CWC enabled phone with E911 service, CWC will utilize the location information you provided at the time of activation, or as subsequently and properly updated, validated and acknowledged by CWC. This location information will be automatically delivered to the PSAP with the 911 call. If the location information you provided is incorrect, the call may be misdirected to a PSAP that does not serve your location, and may be unable to render sufficient emergency service. You are totally responsible for maintaining accurate physical location information on your CWC account. If you move your CWC equipment to another location, you must update your service address in accordance with the instructions on the CWC website.
911 Emergency Dialing will not function if the Device is not configured correctly or if your CWC Service is not functioning for any reason, including, but not limited to, in the event of a power outage, High Speed/broadband service outage, customer owned or leased equipment failure or degradation of such equipment or any suspension or disconnection of CWC Service. For technical reasons associated with the possibility of network congestion in the event of a local disaster, there is a greater possibility that a CWC call will produce a busy signal, fail to be completed, or experience longer connection times, as compared to traditional 911 calls.
You understand and acknowledge that CWC 911 Emergency Dialing has certain characteristics that distinguish it from conventional 911 Service. These characteristics may make CWC unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate CWC service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls.
Suspension of Your
You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues, non-payment or delinquency of your account or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent all service, including Emergency 911 dialing.
YOU ACKNOWLEDGE AND UNDERSTAND THAT CWC WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING CWC OR TO ACCESS ANY EMERGENCY SERVICE PERSONNEL DUE TO THE CHARACTERISTICS AND LIMITATION OF CWC SERVICE SET FORTH IN THIS DOCUMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CWC, 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, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. YOU ACKNOWLEDGE THAT CWC MAY NOT OFFER LIFELINE SERVICE, AND THAT WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTENATIVE MEANS OF ACCESSING EMERGENCY SERVICE.
This Agreement shall automatically terminate in the event that the Customer becomes subject to voluntary or involuntary bankruptcy, insolvency, reorganization, or liquidation proceedings; makes an assignment for the benefit of creditors; or admits in writing its inability to pay debts when due. Solarus may terminate this Agreement by sending notice of termination in writing if the Customer fails to remedy any breach of the terms and conditions herein within ten (10) days after written notice of the alleged breach. In the event of a termination under this paragraph 5, the Customer agrees to pay Solarus the Termination Charge described in paragraph 6 of this Agreement.