POVN VOIP E911 Disclaimer

POVN provides you with phone services over your broadband connection. There is an important difference between the POVN service and the phone service provided over a traditional phone line — this difference is that the 9-1-1 dialing feature with POVN has important limitations that you should be aware of and that you advise others that may use the POVN service in your residence or business.

You are responsible for activating the 9-1-1 dialing feature by taking affirmative steps to register the address where you will use the POVN service by providing a valid physical address to our technical support department.

If you move the location of where you use the POVN service, you must affirmatively activate the 9-1-1 dialing feature at that location by registering the address with us. If you fail to register your location or change the address to a new location, the 9-1-1 dialing feature will not function properly and potentially no emergency service will be sent to your location.

If you lose power or there is a disruption to power at the location where POVN is used, neither POVN nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the POVN device prior to utilizing the service, including the 9-1-1 dialing feature.

If your internet connection or broadband service is lost, suspended, terminated or disrupted, neither POVN nor the 9-1-1 dial feature will function until the internet connection or broadband service is restored.

If your POVN account is suspended or terminated, the POVN service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing POVN as compared to traditional 911 dialing over traditional public telephone networks.

You are responsible for the accuracy and the completeness of the address that you submit to POVN for the location at which POVN will be used and to which emergency service will be sent in the event that you use the POVN 9-1-1 dialing service.

You are responsible for updating and of the advising us of any and all changes to the address or location at which POVN will be used. POVN uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers.

We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers.

We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither POVN, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents 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 POVN 9-1-1 dialing service unless such claims or causes of action arise from POVN’s gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless POVN, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, POVN 911 dialing feature or service or access emergency service personnel.