1. VOIP Services:
2. 911/E911 Disclosure:
a. Guardian LLC’s VOIP services (including 911/E911 services) will not function if your VOIP enabled device (i.e. adapter or sip phone) fails, is not configured correctly, or for other reasons, which include, but are not limited to: power outage, broadband service outage, network congestion, suspension or disconnection of your VOIP service because of non-payment or late payment, or if you fail to meet the minimum technical service requirements. If there is a power outage, you may be required to reset or reconfigure your equipment prior to being able to use your VOIP service, including for 911/E911 purposes. We recommend that you secure an alternative method to access 911/E911 service.
b. VoIP 911/E911 service is different from traditional 911. The Enhanced 911, or E911, service is only available to you if deliver the address, name and phone number of your phone to the Public Service Answering Point (PSAP) in the county in which you reside.
c. This information is delivered from a database that may require up to 7 days to update once the new information is provided. If you move or change your VOIP enabled device to a different address, updating the 911/E911 database requires additional effort on your part.
d. If you move, or move your VOIP service to a new physical address, it is your responsibility to notify us of the new physical address. Please make sure that the physical address in your online account is the correct physical address where your VOIP enabled device will most often be used.
e. E911 GPS Option: We use a built in navigator and that will provide us with your latitude and longitude. We will then use that information to get your physical location based on a Geocoding API through Google maps.
f. If you do not provide us with the proper physical address and you require the use of emergency services, your 911/E911 calls will appear with your old address information resulting in emergency crews being dispatched to the last registered physical address. We specifically disclaim, any and all liability that may, or are a result of, incorrect or incomplete information you provide to Guardian LLC or any of its subsidiaries in relation to 911 emergency services.
g. VOIP adapters do not work without power. In the event of a commercial power outage, your phone service will not work without you providing the electricity locally to power equipment.
h. 911/E911 surcharges will be charged on your monthly statement which may include charges of up to $85.00 per 911/E911 placed.
3. Service Distinctions:
a. Our VOIP service is not a telecommunications service. This service is subject to different regulatory treatment than telecommunications service.
b. Events beyond our control may affect your service such as power outages, fluctuations in the internet, and outages/issues with upstream backbone providers, etc.
c. This service does not support 0+ or operator assisted calling, including collect calls, third party billing calls, 900 or calling card calls. Our service may not support x11 services in all calling areas (211, 411, etc).
d. You acknowledge that our VOIP service may not be compatible with all non-voice communications equipment, including, but not limited to home security systems, satellite television systems, fax machines, medical equipment, etc.
e. By signing up for our VOIP services, you waive all claims against interference or disruption of these services and equipment.
4. Non-Permitted Uses:
You are not permitted to use our VOIP services in a way that we determine:
a. compromises network security or capacity, degrades network performance, uses malicious software or “malware”, or otherwise adversely impacts network service levels;
b. uses applications which are designed for unattended use, robo-call(s), automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
c. misuses our VOIP service, including, robo-call(s), “spamming” or sending abusive, unsolicited, or other automated communications;
d. resells ours VOIP service, either alone or as part of any other good or service;
e. tampers with, reprograms, alters, or otherwise modifies our software or devices to circumvent any of our policies or violate our intellectual property rights;
f. causes harm or adversely affects us, the network, our other customers, employees, business, or any other person; or
g. is not otherwise in accordance with these Terms.
If you are found to be violating this section or any other of our Terms, we reserve the right to suspend or terminate your VOIP services effective immediately.
We retain all ownership and intellectual property rights of all VOIP software used to perform our VOIP services.
6. Scope of Work:
Unless otherwise stated, all VOIP services and corresponding software, intellectual property, systems and processes used by you will at all times remain our property. You may not sell, transfer, lease, encumber or assign all or part of any software, intellectual property, systems or process used to any third party.
7. Other Terms:
Unless otherwise stated in this section, all other terms and conditions posted by Guardian LLC shall apply to VOIP services.