Availability of Traditional 911 or E-911 Dialing
Service
You acknowledge and understand that the Service supports traditional
911 or E-911 access to emergency services where made available by the county or
municipality having authority for such 911/E-911 service only within Inter
Mountain Cable's operating service area. Inter Mountain Cable does offer a
911/E-911 type service available only on Inter Mountain Cable Devices as
described herein. Please contact Inter Mountain Cable to see if service in the
area you are in accommodates 911/E-911. E-911 service is similar to the service
of traditional incumbent landline telephone E-911 service. E-911 calls are
directed to the agency in each county that has control of E-911 provisioning.
With E-911 calls, the calling telephone number, name and address will be
provided to the emergency answering center as directed and proved for by the
controlling agency in each county. Inter Mountain Cable will provide to such
agency the telephone number, name and address as provided by you (the customer)
when signing for the service. If you move your location within the same county
and you want the address updated for E-911 purposes you must notify Inter
Mountain Cable at 606-478-9406 so that we may update your address for billing
and 911 emergency information purposes. Such notification shall be provided by
the party responsible for the service. If such notification is not received as
described by Inter Mountain Cable, and if the device is moved to a different
address and if a call is made to 911 then the emergency agency receiving the
call will most likely receive the address information as originally provided by
you, the customer, to Inter Mountain Cable. Where E-911 service is not
available, Inter Mountain Cable will NOT provide Service.
Description of 911-Type Dialing Capabilities
Inter Mountain Cable relies on third parties (those agencies responsible for
the provisioning of E-911 data bases and call delivery in each county and or
responsible municipality) for the forwarding of information underlying such
routing, and accordingly Inter Mountain Cable and its third party provider(s)
disclaim any and all liability or responsibility in the event such information
or routing is incorrect. You acknowledge and understand that the Public Safety
Answering Point (PSAP) and emergency personnel may or may not be able to
identify your phone number in order to call you back or identify your location
if the call is unable to be completed, is dropped or disconnected, or if you
are unable to speak to tell them your phone number and/or if the Service is not
operational for any reason, including without limitation those listed elsewhere
in this Agreement. Neither Inter Mountain Cable nor its officers or employees
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 911 dialing
unless it is proven that the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or intentional
misconduct on the part of Inter Mountain Cable. You agree to indemnify and hold
harmless Inter Mountain Cable and its third party provider from any claim or
action arising out of misroutes of 911 calls, including but not limited to your
failure to provide Inter Mountain Cable with correct address information and/or
any future change of address.
Failure to Designate the Correct Physical
Address When Activating 911 Dialing
Failure to provide
the current and correct physical address and location of your Inter Mountain
Cable equipment in your service request may result in any 911/E-911
communication you make being routed to the incorrect local emergency service
provider or that responding emergency personnel may be sent to the wrong
address. This address must be the actual physical street address where you are
located, not a post office box, mail drop or similar address.
Requires Notification to Inter Mountain Cable if
You Move or Change Location within Inter Mountain Cable's Service Area
If you move to a new address where Inter Mountain Cable provides 911/E-911 service
and you fail to notify Inter Mountain Cable of your new address, you
acknowledge and understand that 911 dialing may not function properly. Failure
to provide the current and correct physical address and location of your Inter
Mountain Cable equipment may result in any 911 dialing you may make being
routed to the incorrect local emergency service provider and/or emergency
personnel being dispatched to the wrong location. You can notify Inter Mountain
Cable at 606-478-9406.
911 and E-911 Does Not Function without Broadband
connection and/or Power
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 (which may or may not be provided by Inter Mountain
Cable) 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 Inter Mountain Cable terminate the
Service in accordance with this Agreement. Should there be an interruption in
the power supply or 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/E-911 calling feature. Should Inter
Mountain Cable suspend or terminate your Service, the Service will not function
until such time as Inter Mountain Cable 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).
Possibility of Network Congestion and/or Reduced
Speed for Routing or Answering 911
Although network routing for 911 calls is engineered by the parties responsible for the network to accommodate 911 calls within an acceptable number, you acknowledge and
understand that there is a possibility of network congestion and/or reduced
speed in the routing of a 911/E-911 communication made utilizing your Inter
Mountain Cable equipment. You understand and acknowledge that Inter Mountain
Cable relies on third parties for the forwarding of information underlying such
routing, and accordingly Inter Mountain Cable and its third party provider(s)
disclaim any and all liability or responsibility in the event such information or
routing is incorrect. Inter Mountain Cable or its officers or employees, may
not 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 911 dialing
unless it is proven that the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or intentional
misconduct on the part of Inter Mountain Cable.
Education of your household residents, guests and
others
You agree to inform any household residents, guests and other third
persons who may be present at the physical location where you utilize the
Service of the non-availability of traditional 911 or E-911 dialing from your
Inter Mountain Cable Service and Device(s) and/or the possibility that the
emergency service that answers a 911/E-911 call may not have the appropriate
address location and that the caller may be required to give such information
at the time of the call, if you have not updated your current address information.
You also agree to inform your family, household residents, guests and any other
users of the service of the 911/E-911 information and issues as described in
this agreement.
LIABILITY: YOU
ACKNOWLEDGE AND AGREE THAT INTER MOUNTAIN CABLE WILL NOT BE LIABLE FOR ANY
SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, AND/OR INABILITY TO
ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS INTER MOUNTAIN CABLE AND ITS ASSOCIATED PARTIES FROM ANY AND ALL
CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT
NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD
PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE
SERVICES, INCLUDING THOSE RELATED TO 911/E-911.