Terms of Service

911 / E911 MATTERS. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT THE SOUTHEAST POOLPHONE, INC. D/B/A SOUTHEAT TELEPHONE SERVICES (“STS”) E911/ SERVICE IS BASED ON PROPRIETARY WIRELES RELAY TECHNOLOGIES AND THEREFORE ITS 911/E911 SERVICES ARE DIFFERENT FROM TRADITIONAL WIRELINE BASED SERVICES. CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER STS, ITS UNDERLYING CARRIER(S), NOR ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY, OR ANSWERING OF EMERGENCY SERVICES OR IN RESPONDING TO EMERGENCY CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO CUSTOMER. CUSTOMER FURTHER AGREES AND ACKNOWLEDGES THAT IT IS INDEMNIFYING AND HOLDING HARMLESS STS FROM ANY CLAIM OR ACTION FOR ANY CALLER PLACING SUCH A CALL WITHOUT REGARD TO WHETHER THE CALLER IS AN EMPLOYEE OR CUSTOMER OF CUSTOMER. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY INJURY ARISING OUT OF A LACK OF OR MISROUTING OF 911 CALLS, REGARDLESS OF WHETHER THE CALL FAILED OR WAS ROUTED BY A PUBLIC SAFETY ANSWERING POINT OR AN OFFICIAL EMERGENCY OPERATOR, IS NEITHER THE FAULT NOR LIABILITY OF STS AND CUSTOMER HOLDS STS AND ITS SUBSIDIARIES AND AFFILIATES, AS WELL AS THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY DAMAGES OR LIABILITIES. THE LIMITATIONS APPLY TO ALL CLAIMS REGARDLESS OF WHETHER THEY ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY OTHER THEORIES OF LIABILITY.

9-1-1 Service Will NOT Work If You Experience A Power Outage, Service Outage or any other network disruption.

Outages of your electricity and problems with your connection, including network congestion, will disrupt any STS calling service and you will not be able to use it for 9-1-1 emergency calling.

9-1-1 Service Will NOT Work If Your Service Is Disconnected Or You Experience An Outage For Any Reason.

If you have a service outage due to a suspension of your account due to billing issues or for any other reason, you will not be able to use any STS calling services for any calls, including for emergency 9-1-1 calls.

You May Not Be Able To Reach the Correct Emergency Service Center If You Fail to Register A Valid Service Address.

Failure to provide a correct physical address in the correct format may cause all Basic 9-1-1 Service or E9-1-1 calls to be routed to the incorrect local emergency service STS. Furthermore, use of any STS calling service from a location other than the location to which such service was ordered, i.e., the “primary registered address,” may result in Basic or Enhanced 9-1-1 calls being routed to the incorrect local emergency service STS.

You May Not Be Able to Reach the Correct Emergency Services If You Move Your Phone to a Location Different From the Address You Initially Registered.

It is important that you register accurate location information every time you move the equipment associated with your STS calling service. If you move your STS equipment to another location without reregistering, when you dial 9-1-1, you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, if you have not provided valid location information you will not be calling the emergency personnel near your actual location and this emergency personnel may not be able to transfer your call or respond to your emergency.

You May Not Be Able to Reach the Correct Emergency Services If You Fail to Accurately Register or Reregister Your New Location Or Call 9-1-1 Within 48 Hours of Updating Your Location.

It is important that you register an accurate location when you initiate your service and every time you move the equipment associated with your STS calling service. When you change your location, it may take up to 48 hours for your location change to be reflected in our records. During that time, you may not be able to reach may not be able to reach the correct emergency services center or any emergency service STS by dialing 9-1-1.

STS Calling Services Allow One Emergency Service Address to be Associated with Each Telephone Number.

Certain STS calling services do not have a telephone number associated with them but allow for placing and receiving calls. For example, STS offers a “softphone client” service. Customers may choose to buy calling services from STS that have a telephone number but then use the softphone client to allow multiple users to place and receive calls using one telephone number. Customers must use the softphone client and STS calling service that has a telephone number associated with it from the same location. Using a service that does not have a telephone number in a remote location will result in the wrong address information being sent in the event of placing an emergency call by dialing 911. The emergency call operator may not be able to transfer the call to appropriate emergency call operators. In the event that Customer intends to use STS calling services in multiple locations, at least one telephone number will be required for each location. You acknowledge and agree to this limitation and agree that you will obtain at least one telephone number for each location associated with STS calling service.

STS UNDERSTANDS THAT YOU HAVE READ AND UNDERSTAND THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 EMERGENCY SERVICES AVAILABLE THROUGH STS CALLING SERVICES

Any obligations that may be imposed by federal and state law on operators of private branch exchange or multiline telephone systems are obligations imposed on you, the Customer, and not on STS.

STS’ calling services will only be used for business, non-residential purposes in an environment that requires either multiple lines or extensions and if this situation ever changes you will discontinue the use of STS’ calling services.

Customer agrees to defend, indemnify, and hold STS and its affiliates, as well as their respective directors, officers, and employees, harmless from any losses, liabilities, damages, fines, penalties, actions, claims, or expenses (collectively referred to as “Claims”), (including reasonable lawyer’s fees and court costs) that STS may suffer or incur as a result of a Claim brought or asserted against STS by any third party, to the extent arising out of, relating to, or caused by any act or omission of Customer or a user (including Customer’s or a user’s failure to provide STS with accurate data) which prevents a 9-1-1 call made by Customer or one of its users from being successfully routed by STS, except to the extent caused by STS’s gross negligence or reckless or willful misconduct.

E 9-1-1 KARI’S LAW/RAY BAUM’S ACT MLTS DISCLOSURE AND WAIVER

Notice of Compliance of MLTS E9-1-1 Requirements.

Effective February of 2020, Kari’s Law requires direct 9-1-1 dialing and notification capabilities in multi-line telephone systems (MLTS), In addition, Kari’s Law applies only with respect to MLTS that are manufactured, imported, offered for first sale or lease, first sold or leased, or installed after February 16, 2020\.

MLTS manufacturers and vendors must pre-configure these systems to support direct dialing of 9-1-1—that is, to enable the user to dial 9-1-1 without having to dial any prefix or access code, such as the number 9.  In addition, MLTS installers, managers, and operators must ensure that the systems support 9-1-1 direct dialing.

MLTS providers must also implement the notification requirement of Kari’s Law, which is intended to facilitate building entry by first responders.  When a 9-1-1 call is placed on a MLTS system, the system must be configured to notify a central location on-site or off-site where someone is likely to see or hear the notification.  Examples of notification include conspicuous on-screen messages with audible alarms for security desk computers using a client application, text messages for smartphones, and email for administrators.  Notification shall include, at a minimum, the following information:

1. The fact that a 9-1-1 call has been made;
2. A valid callback number; and
3. The information about the caller's location that the MLTS conveys to the public safety answering point (PSAP) with the caller to 9-1-1; provided, however, that the notification does not have to include a callback number or location information if it is technically infeasible to provide this information.  (47 CFR § 9.3.)

IT IS THE CUSTOMER’S RESPONSIBILITY TO MAKE SURE IT HAS REASONABLE EMPLOYEE MONITORING OF THE NOTIFICATION SYSTEM.

Under Section 506 of RAY BAUM’S Act, an MLTS provider must ensure that “dispatchable location” is conveyed with 9-1-1 calls to dispatch centers, regardless of the technological platform used, including 9-1-1 calls from MLTS.  Dispatchable location means a location delivered to the PSAP with a 9-1-1 call that consists of the validated street address of the calling party, plus additional information such as suite, apartment, or similar information necessary to adequately identify the location of the calling party.  (47 CFR § 9.3.)  

IT IS THE CUSTOMER’S RESPONSIBILITY TO MAKE SURE IT HAS REASONABLE EMPLOYEE MONITORING OF THE DISPATCHABLE LOCATION DESIGNATION SO THAT WHEN EMERGENCY 9-1-1 FIRST RESPONDERS ARRIVE THEY KNOW WHAT ROOM/LOCATION TO DIRECT THEM TO.

IT IS CUSTOMER’S RESPONSIBILITY TO UPDATE THE 911 PSAP system with the address and dispatchable location of each phone DID and Simplicity has no liability and disclaims any responsibility to maintain the proper PSAP locations for the Customers.