e911 Limitations

This policy forms part of, and is governed by the Customer Agreement and/or the BRIGHTER.TEL Terms of Service, as applicable. Terms used herein but not otherwise defined shall have the meanings ascribed to them in the Agreement or the Terms of Service.

BRIGHTER.TEL provides access to emergency calling services, allowing most BRIGHTER.TEL users to access either basic 911 or Enhanced 911 (E911) service. BRIGHTER.TEL Office users with a Digital Line, using IP Desk Phones or Softphones, can dial 911 directly from their IP Desk Phones or Softphone. VIRTUAL EXTENSIONS AND MOBILE USERS WITHOUT A DIGITAL LINE CANNOT COMPLETE 911 CALLS.

Emergency calling services work differently than you may have experienced using traditional wireline or wireless telephones. Your access may differ depending on your location or the device you are using.

1. Registering Your Location

You must register the address of the physical location where you will use each phone with BRIGHTER.TEL immediately upon activation of your endpoint and upon relocation. This is your Registered Address. You or your Account Administrator must accurately register at least one emergency telephone number per physical location. You must use BRIGHTER.TEL voice services only at the Registered Address provided for the emergency number and endpoint. If you move a registered device, you must immediately update the Registered Address with the new physical location of the device with BRIGHTER.TEL through the Manager Portal or in your account settings. If you do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit your current location information to emergency responders, delaying emergency assistance to you. It may take up to several hours for the address update to take effect. Customers with more than one Digital Line are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each Digital Line, and that their End Users are aware of how the Registered Address can be changed.

2. Service limitations

BRIGHTER.TEL 911 service will not function (i) in the event of an Internet or power outage; (ii) if your broadband, ISP, or BRIGHTER.TEL Service is terminated; and (iii), with respect to only the BRIGHTER.TEL Mobile Application, if you do not have mobile service, as the BRIGHTER.TEL Mobile Application cannot send emergency calls over Wi-Fi access. It is possible that network congestion may delay or prevent completion of any 911 call. You will not be able to complete a 911 call if you move to a physical location outside the country in which your Digital Line is provided, or if you are dialing from a BRIGHTER.TEL number that is not a Canadian or United States number.

Users uncomfortable with any of these limitations should use an alternate means of reaching 911.

3. How it Works

When you dial 911 using voice services from BRIGHTER.TEL, the BRIGHTER.TEL phone number and the Registered Address you have provided is sent to the local emergency center serving your location. In some areas, emergency operators have access to this information; however, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see your BRIGHTER.TEL telephone number or your Registered Address. You should always be prepared to provide the emergency operator with your BRIGHTER.TEL telephone number and Registered Address in case the call is dropped or disconnected. If you are unable to speak, the emergency operator may not be able to send help to your location and/or call you back should the call be disconnected. BRIGHTER.TEL does not control whether or not the emergency operator receives your telephone number and Registered Address.

In some cases, 911 calls dialed from your BRIGHTER.TEL Office device cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 911 network. 911 calls that are directed to the NECC may not include your BRIGHTER.TEL telephone number or your registered address. Trained operators at the NECC will request your name, location, and telephone number and attempt to reach emergency responders in your local area. Until you give the operator your phone number, and location, he/she may not be able to call you back or dispatch help to your location if the call is dropped or disconnected.

4. Mobile Applications

Calls to 911 placed through the BRIGHTER.TEL Mobile Application on a smartphone are automatically routed to the native dialer on the smartphone, and the call will be handled by your wireless service provider if wireless service is available. If your wireless service is unavailable, the 911 call cannot be placed. The BRIGHTER.TEL Mobile Application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the BRIGHTER.TEL Mobile Application on tablets or other mobile devices without a native phone dialer and a wireless service plan.

In some areas, emergency operators are able to receive text messages sent to 911. Texts to 911 by BRIGHTER.TEL users relying on the BRIGHTER.TEL Mobile Application are automatically directed to the native dialer on the mobile phone, allowing you to send the text through your wireless service provider, if available. If wireless service is unavailable, the text cannot be sent. Text-to-911 is not available on tablets or other mobile devices without a native phone dialer and a wireless service subscription.

5. Notification of Employees, Guests, or Other Users
Customers must notify any employees, contractors, guests, or persons who may place calls using the Services or may be present at the physical location where the Services may be used, of the limitations of BRIGHTER.TEL 911 Service from your BRIGHTER.TEL IP phone, other equipment, or the BRIGHTER.TEL Softphone. Customer must affix a BRIGHTER.TEL-provided sticker warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use the Services, as required by 47 C.F.R. § 9.5.

6. Disclaimer of Liability for Emergency Call Response

Your use, and use by your employees, guests and other third parties, of BRIGHTER.TEL’s 911 Services are subject to the limitations described herein. The availability of certain features, such as transmission of a Registered Address or your BRIGHTER.TEL telephone number, depends on whether local emergency response centers support those features, and other factors outside of BRIGHTER.TEL’s control. BRIGHTER.TEL relies on qualified third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. BRIGHTER.TEL does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. BRIGHTER.TEL disclaims all responsibility for the conduct of local emergency response centers, the NECC, third parties engaged by Customer to facilitate address updates, and all other third parties involved in the provision of emergency response services. To the extent permitted by applicable Law, you hereby release, discharge, and hold harmless BRIGHTER.TEL from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call.

Customer indemnifies and holds harmless BRIGHTER.TEL, and any third-party provider(s) from any and all third-party claims, losses, damages, fines, or penalties arising out of: (i) Customer or its End User’s provision to BRIGHTER.TEL of incorrect information, including physical addresses, or failure to update a Registered Address; (ii) Customer’s failure to properly notify any person who may place calls using the Services of the 911 limitations; or (iii) the absence, failure, or outage of emergency service dialing using the Services for any reason; and (iv) the inability of any End User to be able to dial 911 or access emergency service personnel for any reason.