Visionary Broadband VoIP Service 911 Disclosure and Notice Agreement

The Federal Communications Commission (“FCC”) requires that Visionary Broadband Industries, L.L.C., like all Voice over Internet Protocol (“VoIP”) service providers: (1) inform its customers of the key differences between how Visionary Broadband’s VoIP Services work versus how 911 services work when accessed using a traditional landline telephone network; (2) obtain an affirmative (i.e. signed) form from its customers showing that they have read and understood these differences; and (3) to keep this form on file showing that you have received, read and understand this Visionary Broadband VoIP Service 911 Disclosure and Notice Addendum (hereinafter referred to as the “Addendum”). A copy of the FCC VoIP 911 Order establishing the notice and recordkeeping requirements contained in this Disclosure Agreement is available at http://www.fcc.gov/cgb/voip911order.pdf and the FCC’s Consumer Guide for VoIP 911 is available at: http://www.fcc.gov/guides/voip-and-911-service. Visionary Broadband cannot provide Visionary Broadband VoIP Service until you have carefully reviewed this document, signed and dated it at the bottom. Please read this document carefully before you sign it.

By signing or electronically agreeing to this Addendum, you are affirmatively acknowledging that (1) you have read and understood this Addendum, (2) you understand that you may not be able to contact emergency services by dialing 9-1-1 using Visionary Broadband [VoIP Service], and (3) you understand that you must inform users of Visionary Broadband [VoIP Service] that they may not be able to contact emergency services by dialing 9-1-1 using Visionary Broadband [VoIP Service].

For purposes of this Notice, “Visionary Broadband” means Visionary Broadband or any subsidiaries that provide(s) [VoIP Service] to customers. If you have any questions or concerns about the information contained in this Notice, please contact Visionary Broadband customer service at (970) 731-9790 or (888) 682-1884.

  • VISIONARY BROADBAND VOIP 911 SERVICES MAY NOT OPERATE DURING A POWER OUTAGE. The analog terminal adapter (ATA) device that Visionary Broadband placed in your premises connects your Visionary Broadband service to your telephone handset. It converts your voice and your dialing information into digital information that can be transmitted over Visionary Broadband’s broadband network and over the Internet to other VoIP, wireless mobile or wireline telephones. The ATA is powered by your home or business location’s electrical power. When the ATA loses power and shuts down, your voice and data services, including your ability to dial 9-1-1 will not work. Once power service is restored, you may be required to reset or reconfigure your equipment before you will be able to use Visionary Broadband VoIP Service to contact 911 services. You are responsible for providing an uninterruptible backup power supply if you wish to ensure continued operation of your computer, broadband Internet, VoIP services and other electrical equipment in the event of a power outage.
  • VISIONARY BROADBAND VOIP 911 AND E911 SERVICES WILL NOT OPERATE IF YOUR BROADBAND CONNECTION IS DISRUPTED. You understand and acknowledge that service outages, interruptions or degradation, or termination or suspension for any reason, of service or connectivity (such as your broadband connection) provided by Visionary Broadband will prevent you from using the VoIP Services, even if the battery backup is working.
  • VISIONARY BROADBAND VOIP 911 SERVICE CALLS MAY NOT COMPLETE OR MAY BE ROUTED TO EMERGENCY PERSONNEL WHO WILL NOT BE ABLE TO ASSIST IF YOU DISABLE, DAMAGE OR MOVE THE EQUIPMENT TO A LOCATION OTHER THAN THE REGISTERED ADDRESS YOU PROVIDED TO VISIONARY BROADBAND WHEN SERVICE WAS INITIATED. You understand and acknowledge that VoIP 911 Service will not function if you move your device to a different street address or location other than your Registered Address. You also acknowledge that it may take several days for any change in address to be processed. Accordingly, you should notify Visionary Broadband in advance of any and all changes to your Registered Address by contacting Visionary Broadband customer service at (970) 731-9790 or (888) 682-1884.
  • EMERGENCY PERSONNEL MAY NOT BE ABLE TO IDENTIFY YOUR PHONE NUMBER IN ORDER TO CALL YOU BACK. You understand and acknowledge that public safety answering point (“PSAP”) and emergency personnel may not be able to identify your phone number in order to call you back if the call cannot be completed, is dropped or disconnected and/or if your VoIP 911 Service is not operational for any reason.
  • VISIONARY BROADBAND VOIP 911 AND E911 SERVICE CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK ARCHITECTURE. You understand and acknowledge that, due to technical constraints, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made utilizing your equipment as compared to 911 dialing over traditional non-VoIP public switched telephone networks.
  • IN ADDITION, YOU SHOULD MAINTAIN ALTERNATE MEANS OF CONTACTING 911 AND E911 SERVICES AND YOU MUST INFORM USERS OF VISIONARY BROADBAND VOIP 911 AND E911 SERVICE OF THESE ALTERNATE MEANS. You will receive a set of stickers explaining 911 service limitations and these stickers should be placed on or near the equipment you use to access the VoIP 911 Service. If you require additional stickers, please contact Visionary Broadband customer service at (970) 731-9790 or (888) 682-1884.

BY SIGNING THE SERVICE APPOINTMENT AGREEMENT YOU FURTHER AGREE THAT IN NO EVENT SHALL VISIONARY BROADBAND, ITS PARENT COMPANY, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER OR VENDOR WHO MAY FURNISH SERVICES OR PRODUCTS TO YOU IN CONNECTION WITH THE [VoIP Service] OR THE EQUIPMENT BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS WHATSOEVER ARISING FROM OR RELATING TO 911 DIALING AND YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO 911 DIALING.

BY SIGNING THE SERVICE APPOINTMENT AGREEMENT YOU FURTHER AGREE THAT IN NO EVENT SHALL VISIONARY BROADBAND, ITS PARENT COMPANY, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER OR VENDOR WHO MAY FURNISH SERVICES OR PRODUCTS TO YOU IN CONNECTION WITH THE [VoIP Service] OR THE EQUIPMENT BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS WHATSOEVER ARISING FROM OR RELATING TO 911 DIALING AND YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO 911 DIALING.

BY SIGNING THE SERVICE APPOINTMENT AGREEMENT, YOU FURTHER AGREE THAT VISIONARY BROADBAND RELIES ON THIRD PARTIES TO ASSIST VISIONARY BROADBAND TO ROUTE 911 CALLS TO LOCAL EMERGENCY RESPONSE CENTERS. VISIONARY BROADBAND DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA, EQUIPMENT, PERSONNEL USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT.