e911 Regulations & Enhancements:

• Kari's Law

• Section 506 of RAY BAUM’S Act 

For More Information on Kari's Law & RAY BAUM'S Act; click here

e911 Disclosure Notice

This Notice is a material part of eTech’s VoIP Service Agreement. The Customer represents, warrants and agrees that it has read, understood and agrees to these limitations, restrictions and terms applicable to eTech’s VoIP Services (the “Services”).

1.0 As fully detailed in this Notice, eTech Hosted VoIP Service e911 capabilities are subject to the following limitations and terms of service.

• e911 SERVICE MAY NOT WORK IF THERE IS A POWER OUTAGE.

• e911 SERVICE MAY NOT WORK IF YOUR BROADBAND CONNECTION IS DISRUPTED OR CONGESTED FOR ANY REASON, OR IF YOUR SERVICE IS TERMINATED OR SUSPENDED FOR ANY REASON (INCLUDING BUT NOT LIMITED TO NON-PAYMENT).

• e911 SERVICE MAY NOT BE OPERATIVE UNTIL YOU INITIATE BILLING SERVICE WITH eTech; AFTER ALL PORTS ARE COMPLETED, OR NEW NUMBERS ARE ACTIVATED; OR IF YOU MOVE YOUR SERVICE ADDRESS WITHOUT NOTIFYING eTech.

• e911 SERVICE WILL NOT WORK PROPERLY IF YOU MOVE YOUR PHONE TO A NEW LOCATION WITHOUT UPDATING YOUR ADDRESS IN THE e911 SYSTEM.

• e911 SERVICE MAY NOT WORK IF YOU USE eTech FOR REMOTE USE WITHOUT NOTIFYING eTech AND MODIFYING THE USER PERSONAL ADDRESS INFORMATION.

• e911 SERVICE MAY NOT WORK IF THE TELEPHONE NUMBER PROGRAMMED ON THE VoIP PHONE IS FROM A DIFFERENT GEOGRAPHIC RATE CENTER THAN WHERE THE VoIP PHONE IS PHYSICALLY LOCATED.

• e911 SERVICE MAY NOT WORK IF YOU INCORRECTLY FILLED OUT YOUR ADDRESS VERIFICATION FORM.

• e911 SERVICE MAY NOT WORK IF YOU USE A PC-BASED SOFT PHONE.

• e911 SERVICE MAY NOT WORK IF THE TELEPHONE NUMBER PROGRAMMED ON THE VoIP PHONE BEGINS WITH A TOLL-FREE PREFIX (800, 811, 822, 833, 844, 855, 866, 877, 880, 881, 882, 888, 889)

2.0 EMERGENCY SERVICES – e911 CALLING

2.1 Non-Availability of Traditional 911 or E911 Calling Service

eTech e911 Service is a mandatory component of all eTech services (“eTech Service” or “eTech Services”).  eTech e911 Service enables Customers to communicate with emergency services by dialing 911. By signing a Service Activation Form for eTech Services, the Customer acknowledges and agrees that eTech 911 Service is different in important ways from traditional landline 911 and cellular/wireless 911. eTech e911 services may not be sufficient to meet the needs of every Customer. Customer acknowledges that it is Customer’s responsibility to determine the technology or combination of technologies best suited to meet Customer’s emergency calling needs and to make any arrangements necessary to access such services. Customer therefore acknowledges and agrees that eTech Service does NOT support traditional 911 access to emergency services. Customer shall inform ALL employees, staff, users, and other third-party persons who may be present at Customer’s physical location(s) where Customer uses eTech Service of the non-availability of traditional 911 dialing. If Customer activates eTech emergency dialing service, Customer shall inform ALL employees, staff, and users.

2.2 Description of Emergency Dialing Capabilities

2.2.1 Activation Required

(a) eTech offers emergency dialing service in the United States that is different in a number of important ways from traditional 911 service.  While eTech’s voice products are configured to permit 911 services, 911 emergency dialing is NOT automatic. eTech will enable direct 911 dialing and other features required by law for the systems it installs and complete the set up for such functionality at the Customer’s main number(s) at the time of initial installation.

Customer is solely responsible for determining the number of end user devices and/or lines to be used in connection with its eTech Services, and following eTech’s initial installation and set-up as described herein, for proper activation, use and updating of the same. When Customer dials 911, the 911 call is routed from eTech’s network to the Public Safety Answering Point (PSAP) a call center operated by designated service personnel.  Customer acknowledges and agrees that 911 calls made via eTech Service may be routed to the general telephone number for the PSAP or local emergency service provider and may not be routed to the 911 dispatcher(s) who is specifically designated to receive incoming 911 calls using traditional 911 dialing.

(b) eTech relies on third-parties for the forwarding of information underlying such routing and, accordingly, eTech and eTech’ s third-party service provider(s) disclaim any and all liability or responsibility in the event any such information or routing is incorrect. As described herein, this emergency dialing on eTech Service is NOT the same as traditional 911 or e911 calling, and does not necessarily include all of the capabilities of traditional 911 dialing. Neither eTech nor eTech’s officers, directors, employees, agents, suppliers, contractors, or vendors shall be held liable for any claim, damage, or loss, and Customer hereby waives any and all such claims, causes of action, liability, and damages arising from or relating to emergency dialing unless such claim, damage, cause of action, or loss directly results from eTech’s gross negligence or intentional misconduct. Customer shall indemnify and hold harmless eTech and eTech’ s officers, directors, employees, agents, suppliers, contractors, or vendors from any claim, cause of action, liability, or loss arising out of or related to misrouting of or inability to make emergency calls, including, without limitation, Customer’s failure to follow correct activation procedures for 911 emergency calling or Customer supplying eTech or any of its third-party service providers with any inaccurate, outdated, or incorrect information in connection therewith.

2.3 Service Outage

2.3.1 Power Failure or Disruption

Customer acknowledges and agrees that emergency dialing will not function in the event of a power failure or disruption. If there is an interruption in the power supply, a power surge, or a power failure, the Service and emergency dialing will not function until power is restored. Customer acknowledges and agrees that a power failure, power surge, or power disruption may require Customer to reset or reconfigure equipment prior to using the Service or being able to make emergency 911 calls.

2.3.2 Service Suspension or Termination by eTech or Broadband Service Provider

Customer acknowledges and agrees that a Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by eTech, or by the provider of Customer’s broadband Internet services, will prevent ALL Service, including the ability to make emergency 911 calls.

2.3.3 Other Service Outages

Customer acknowledges and agrees that if there is an internet outage for ANY reason, such outage will prevent ALL Service, including the ability to make emergency 911 calls. Such an outage may occur for a variety of reasons, including, without limitation, those reasons described elsewhere in this e911 Disclosure Notice or the eTech Terms of Service posted at www.eTechnws.com/legal/voip-service-agreement-(terms-and-conditions).

2.4 Registered Location

2.4.1 Registered Location Required

All Customers ARE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF ALL EQUIPMENT USED WITH THE SERVICE AT THE TIME OF SERVICE ACTIVATION AND AT THE TIME THAT ANY DEVICE USING THE SERVICE IS RELOCATED. eTech will complete the initial 911 registration for all main numbers, users, lines and devices. eTech will obtain the correct information from the Customer and will complete the initial registration. It is the Customers responsibility to verify and validate the information after registration. Assistance may be obtained through eTech’s support site or by calling eTech customer service 512-707-1918; however, following the initial system installation described above, Customer is still responsible for the accuracy of the required location for each number, line or device using eTech’s Service. Such physical location shall include, at a minimum, the street address, floor and unit/suite/bldg. number at which such equipment is used. Customer agrees to ensure that the physical location of its equipment is correct and to immediately update eTech with the new location whenever the physical location of any device changes. Customer further acknowledges and understands that any location information passed to emergency personnel by eTech will be based upon the physical location provided by Customer to eTech.

2.4.2 Failure to Designate and Identify the Correct Physical Address When Activating 911

Customer acknowledges and agrees that Customer’s failure to keep current Customer’s correct physical location(s) will result in any 911 call being routed to the incorrect local emergency service provider or other emergency communication made by Customer and/or from Customer’s actual location (if different from the location previously supplied to eTech by Customer). Customer’s physical location(s) may NOT be a post office box, mail drop, or similar address. Neither eTech nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911 calling purposes is the same as Customer’s billing address for receipt of invoices.

2.4.3 Re-Activation Required in Event of Change, Add or Port New Numbers

Customer acknowledges and agrees that emergency 911 calls do not function with respect to telephone numbers that Customer changes, adds, and/or ports to Customer’s eTech account unless and until eTech activates the 911 calling feature for each such changed, newly added, and newly ported telephone number. Even if eTech successfully activates 911 emergency dialing with other telephone numbers through which Customer receives Service from eTech, Customer acknowledges and agrees that Customer MUST separately activate emergency 911 dialing for any and all changed or newly added or ported telephone number.

2.4.4 Re-Activation Required in Event of Location Change

Customer acknowledges and agrees that emergency 911 calling will not function properly or at all if Customer moves, relocates, or otherwise changes the physical office location(s) or the location of any device used with the Service to any different street address, unless and until Customer successfully informs eTech of such relocation. Customer acknowledges and agrees that Customer’s failure to provide eTech with Customer’s updated and correct physical location(s) will result in any emergency 911 calls being routed to the incorrect local emergency service provider. Neither eTech nor Customer shall assume under any circumstances that Customer’s physical office location for emergency 911 calling purposes is the same as Customer’s billing address for receipt of invoices.  

2.5 USE OF eTech’S SERVICE OUTSIDE THE UNITED STATES.

The Customer understands that if the service is used from any location outside the United States, e911 service will note be accessible, and no e911 emergency calls can be made.

2.6 Automated Number Identification

Customer acknowledges and agrees that it May Not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify Customer’s telephone number when Customer dials 911 via eTech e911 Service. Customer acknowledges and agrees that PSAP and emergency personnel may be unable to identify Customer’s telephone number in order to call Customer back in the event that an emergency call is unable to be completed, is dropped, or disconnected, or if a caller is unable to speak to provide the telephone number from which the caller is calling, and/or if the Service is not operational for any reason including, without limitation, the reasons and situations listed elsewhere in this e911 Disclosure Notice and the eTech Terms of Service.

2.7 Automated Location Identification

Customer acknowledges and agrees that it May Not be possible to transmit identification of the Customer’s physical address to the PSAP and local emergency personnel for Customer’s area when Customer or any caller at Customer’s premises dials 911. Customer acknowledges and agrees that a caller must state the nature of the emergency promptly and clearly, including the caller’s specific physical location, as PSAP and emergency personnel May Not have this information. Customer acknowledges and agrees that PSAP and emergency personnel may not be able to find a caller’s location if the call is unable to be completed, is dropped, or disconnected, or if the caller is unable to speak to provide the location from which the caller is calling and/or if the Service is not operational for any reason including, without limitation, those reasons and situations listed elsewhere in this e911 Disclosure Notice and the eTech Terms of Service.

2.8 Multiple-Line Systems

2.8.1 Notification.

Customers whose Services involve multiple phone lines or “Seats” will designate a location (including email and/or mobile phone number) to receive notification whenever an e911 call is placed using Customer’s Services, and at which an employee, contractor or other person(s) designated by Customer is likely to see such notification 24/7/365. Customer will ensure that such information remains up-to-date in its account and applicable system software or hardware, and shall notify eTech promptly upon any change in such information.

2.8.2 Multi-Seat System Management

Customer will be responsible for managing and directing eTech in the configuration and operation of any multi-line or multi-seat voice Service ordered by Customer. Without limiting the generality of the this, it is the Customer who will be responsible for managing its use of the Services and its operation of all equipment and devices used with the Services in accordance with all applicable laws, including without limitation, Kari’s Law, RAY BAUM’s Act, and the implementing regulations of the Federal Communications Commission, as well as applicable state laws in Customer’s location(s). Customer’s obligations shall include, without limitation, (a) designating one or more administrators who are authorized to order seats, lines or other modifications to the Service, or to reconfigure hardware used with the Service; (b) determining the number of lines, seats and or DID numbers required for Customer’s needs, the assignment and re-assignment of lines, Seats and/or DID numbers among its End Users, changes in the number, location or other characteristics of lines or Seats required; and (c) the day-to-day operations of the Service.

2.9 Alternative 911 Arrangements

Customer acknowledges and agrees that eTech does not offer primary line or lifeline services. eTech strongly urges Customer to always maintain means of accessing traditional e911 emergency services from all Customer locations and take appropriate measures and precautions to ensure such emergency services are available to Customer and callers at Customer’s premises. Customer should always open a ticket at eTech Support <support@etechnws.com> or call 877-707-1918 to maintain updated e911 information with eTech.

3.0 Warranty Disclaimer, Limitation of Liability and Indemnification

Except as otherwise expressly stated in this Notice or the VoIP Service Agreement, the emergency services are provided on an “as is” basis. eTech EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE EMERGENCY SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Customer acknowledges and agrees that, to the fullest extent permitted by applicable law, eTech shall not be liable for any inability to complete emergency 911 calls from any Customer line or Customer site or to access emergency service personnel, for any reason whatsoever, except to the extent that such failure is caused by eTech’s gross negligence or willful misconduct. This disclaimer of liability is in addition to the limitations of liability set forth in the VoIP Service Agreement available at http://www.etechnws.com/legal.

CUSTOMER SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS eTech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE eTech SERVICE, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, LIABILITY, FINES, PENALTIES, COSTS, AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, ANY ABSENCE, FAILURE, OR OUTAGE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMERGENCY 911 CALLING AND/OR INABILITY OF CUSTOMER OR ANY CUSTOMER EMPLOYEE, THIRD-PERSON OR PARTY, OR USER OF eTech’S SERVICE TO BE ABLE TO CALL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL. IN NO EVENT SHALL eTech BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO CUSTOMER’S USE OF OR INABILITY TO USE e911 SERVICES.

Customer agrees and acknowledges that eTech has entered into the Terms of Service /or any other agreement or service order with Customer and is providing its Service in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this e911 Disclosure Notice, including, without limitation, this Section and the eTech terms of service, and that the same form an essential basis of the agreement between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in the Service Activation Form and this e911 Disclosure Notice, including, without limitation, this Section, shall survive and apply even if found to have failed their essential purpose; and Customer hereby waives its right to contest the enforceability of any provision of this e911 Disclosure Notice by reason of such failure.