Inline Communications Inc. e911 Terms and Conditions

IMPORTANT – READ CAREFULLY

911 SERVICE & LIMITATIONS (FOR FULLY HOSTED SERVICE)

The CRTC requires that Inline Communications Inc. provide e911 service to all customers using the Service within Canada. The terms in this section apply to all customers regardless of location. The e911 service provided by Inline Communications Inc. works differently than traditional wireline 911 emergency services. These characteristics may make e911 services unsuitable for some customers. Because Customer circumstances vary widely, customers should carefully evaluate their own circumstances when deciding whether to rely solely upon the e911 service. The customer acknowledges that it is the Customer’s responsibility to determine the technology or combination of technologies best suited to meet the Customer’s emergency calling needs and to make the necessary provisions for access to emergency calling services.

E911 CONSIDERATIONS

LIMITED AVAILABILITY

Customer acknowledges that the Service, including e911 service, will not function in all conditions, including but not limited to the following:

ABSENCE OF ELECTRICAL POWER

If there is a power outage, the Customer may be required to reset or reconfigure the Equipment before being able to use the Service and e911 service.

INTERNET ACCESS

The Service and e911 service will not function if there is an interruption of the Customer’s broadband or high-speed internet access service.

CONFIGURATION AND AVAILABILITY

Customer’s e911 services will not function if Customer’s phone fails or is not configured correctly or if the Service is not functioning for any reason, including suspension or disconnection of Service because of billing or other issues.

NETWORK ISSUES

Due to technical factors in network design, and in the event of network congestion on the Inline Communications Inc. network, there is a possibility that an e911 call will produce a busy signal or will experience unexpected answering wait times and/or take longer to answer than standard 911 calls placed via traditional, legacy, circuit-switched telephone networks.

NON-VOICE SYSTEMS

The Service and e911 service may not function without dialing systems including home security systems, medical monitoring equipment, TTY equipment, and entertainment or satellite television systems. The customer has no claim against Inline Communications Inc. for interruption or disruption of such systems by the Service, including e911 service.

COST

Inline Communications Inc. passes through to the Customer a mandatory e911 service subject to current regulatory terms to cover the costs associated with providing this service. This fee will be charged to the Customer for each occurrence.

PHYSICAL LIMITATIONS

Customers who subscribe to e911 service will be required to register the physical location of their Equipment with Inline Communications Inc., and agree to update the location whenever the physical location of their Equipment changes.

It is the customer’s responsibility to verify each of these emergency response addresses to ensure first responders are able to assist the Customer in case of an emergency. The customer acknowledges that the only mechanism for routing e911 calls to the correct emergency call taker is the physical location(s) currently registered for the account. There may be some delay before the automatic number and location information is passed to the local emergency service operator. In the event that the physical location has not been updated or is not complete, Inline Communications Inc. may attempt to route an e911 call based upon the bill-to or ship-to addresses associated with the customer’s account or initial Order.

To update the registered address of your service, send an email to support with a copy of your last invoice and the new address details. support@inlinecom.com

WARNING LABELS

Inline Communications Inc. will provide the Customer with warning labels regarding the limitations or unavailability of e911 service. The customer agrees to place a label on and/or near each telephone or other Customer premise equipment on which the services may be utilized.

911 ACKNOWLEDGEMENT

The Service does not support 911 emergency dialing or other emergency functions in the same way that traditional wireline 911 services operate. The differences are detailed in this section and you agree to notify any potential user of the services, who may place calls using your telephone/communication system(s), of the e911 limitations described herein. The customer hereby acknowledges that it has been advised of the circumstances under which e911 service may not be available or may be limited in comparison to traditional 911 emergency dialing.

e911 CHARGES

All Customers are required to subscribe to Inline Communications Inc.’s e911 service and will be subject to a monthly e911 service charge. The monthly e911 service fee shall be included in the applicable business plan charges for the associated line and the Customer shall reimburse Inline Communications Inc. for the direct costs it incurs in providing e911 service, including state, county, and municipal e911 surcharges, e911 automatic location information (ALI) database storage, line information database, and caller id (LIDB/CNAM) expenses, and any other taxes or surcharges directly or indirectly associated with the provision of e911 service. Inline Communications Inc. reserves the right to adjust the level of charges associated with the provision of e911 service to reflect increases or decreases in the costs Inline Communications Inc. incurs. Other fees may apply for usage of e911 service as outlined.

INDEMNIFICATION

CUSTOMER. CUSTOMER AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS INLINE COMMUNICATIONS INC., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS (“INDEMNIFIED PARTY” OR “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, INJURIES, AND JUDGMENTS (INCLUDING RELATED COSTS AND EXPENSES AND REASONABLE ATTORNEY’S FEES AND OTHER LITIGATION EXPENSES) (“CLAIM” OR “CLAIMS”) INCURRED BY THE INDEMNIFIED PARTY(IES) ARISING OUT OF OR RELATING TO CUSTOMER’S (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT, OR (B) MISUSE OF THE SERVICE. FURTHER, THE CUSTOMER AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS INDEMNIFIED PARTY(IES) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIM(S) RELATED TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO E911 SERVICE.

Inline Communications Inc. shall have no indemnification obligations with respect to any third party action alleging that the use of any Service, or any part thereof, in combination with products not supplied by Inline Communications Inc. infringes any third party intellectual property rights provided that the infringement is (a) due solely to the combination and use of such products together if the use of the Service independent of any product not supplied by Inline Communications Inc. would not have given rise to the claim; or (b) Customer is advised by Inline Communications Inc. either directly or by means of Documentation, marketing or other published materials that the use of Inline Communications Inc. Service in tandem with such products represents a risk of infringement; and (c) Customer combines and uses such products with Inline Communications Inc.’s Service in contravention of Inline Communications Inc.’s disclaimer.
Inline Communications Inc.’s indemnification obligations pursuant to this agreement shall be subject to the indemnified party (a) notifying the indemnifying party promptly in writing of such action, (b) giving the indemnifying party exclusive control and authority over the defense or settlement of such action, (c) not entering into any settlement or compromise of any such action without the indemnifying party’s prior written consent and (d) providing all reasonable assistance to the indemnifying party (provided that the indemnifying party reimburses the indemnified party for its out-of-pocket expenses incurred in providing such assistance).

DISCLAIMERS AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH HEREIN,
INLINE COMMUNICATIONS INC. PROVIDES THE SERVICE “AS IS” AND WITH ALL FAULTS. INLINE COMMUNICATIONS INC. HEREBY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER REMEDIES, WARRANTIES, GUARANTEES, OBLIGATIONS, REPRESENTATIONS, AND LIABILITIES, EXPRESS OR IMPLIED, ARISING IN FACT, LAW, EQUITY, CONTRACT, TORT, UNDER STATUTE, UNDER WARRANTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE, (C) ANY OBLIGATION, LIABILITY RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, VICARIOUS LIABILITY OR STRICT PRODUCTS LIABILITY OF INLINE COMMUNICATIONS INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AND (D) ANY OBLIGATION, LIABILITY, OR RESPONSIBILITY FOR LOSS OF SERVICE OR DAMAGE TO ANY EQUIPMENT OR PART THEREOF, OR ANY SERVICE DELIVERED OR PROVIDED UNDER THIS AGREEMENT OR THE ORDER. FURTHER, INLINE COMMUNICATIONS INC. DOES NOT WARRANT THAT THE SERVICE WILL BE FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS, OR THAT THE SERVICE WILL BE COMPATIBLE WITH THE CUSTOMER’S EXISTING INTERNET CONNECTION, NETWORK, OR COMMUNICATIONS INFRASTRUCTURE OR ENVIRONMENT.

DISCLAIMER OF CERTAIN DAMAGES.

IN NO EVENT WILL INLINE COMMUNICATIONS INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER ARISING IN FACT, LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE AS DESCRIBED ABOVE), STRICT LIABILITY, UNDER STATUTE, UNDER WARRANTY OR OTHER THEORY EVEN IF INLINE COMMUNICATIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

WITHOUT LIMITING THE FOREGOING, INLINE COMMUNICATIONS INC.’S (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE SERVICE REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR AND WHETHER SUCH DAMAGES ARISE IN FACT, LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE AS DESCRIBED ABOVE), STRICT LIABILITY, UNDER STATUTE, UNDER WARRANTY OR OTHER THEORY. FURTHER, THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT INLINE COMMUNICATIONS INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INCLUDING E911 SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING THE SERVICE OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE E911 DIALING CHARACTERISTICS, REQUIREMENTS, AND LIMITATIONS SET FORTH IN THIS AGREEMENT.

FORCE MAJEURE

Inline Communications Inc. will not be liable for delay or failure to furnish the Service(s) contemplated by this Agreement when the delay or failure is caused by circumstances that are not reasonably within Inline Communications Inc.’s control, including an act of God, strike or lockout or other labor dispute, an act of the public enemy, war (declared or undeclared), blockade, revolution, civil commotion, lightning, fire, storm, flood, earthquake, explosion, governmental restraint, embargo, inability to obtain or delay in obtaining governmental approvals, permits, or licenses.

GOVERNING LAW, JURISDICTION, AND FEES

This Agreement, the related Estimate(s), Order(s), add-on Orders, and the entire relationship of the parties, shall be governed by and construed under the laws of the Province of Ontario without giving effect to its choice of law principles. THE PARTIES VOLUNTARILY, KNOWINGLY, AND IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING TO WHICH THEY MAY BE A PARTY INVOLVING ANY THE AGREEMENT, THE RELATED ESTIMATE(S), ORDER(S), ADDON ORDERS, AND/OR THE RELATIONSHIP OF THE PARTIES. In any formal action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorney(s’) fees.

ENGLISH LANGUAGE

It is the express wish of the parties that this Agreement and all related documents are drawn up in English and that the English version of any document will govern.

ENTIRE AGREEMENT

The Agreement and the Estimate set forth the entire agreement of Inline Communications Inc. and you with respect to the Service, and the subject matter hereof, and supersedes all prior and contemporaneous understandings and agreements, including, without limitation, purchase orders and specifications, whether written or oral. No amendment, modification or waiver of any of the provisions of this Agreement by Customer will be valid unless set forth in a written instrument signed by the parties.

SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, the remainder of this Agreement will remain in full force and effect and shall control.

MODIFICATIONS

INLINE COMMUNICATIONS INC. RESERVES THE RIGHT, AT INLINE COMMUNICATIONS INC.’S SOLE DISCRETION, TO CHANGE, MODIFY OR OTHERWISE ALTER THESE TERMS AND CONDITIONS AT ANY TIME YOU CAN FIND THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS AT WWW.INLINECOM.COM (THE “WEBSITE”). SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE WEBSITE. IF YOU DO NOT AGREE TO THE POSTED, REVISED TERMS AND CONDITIONS, YOUR SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT, SUBJECT TO SECTIONS WITHIN THIS AGREEMENT. CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT: SUPPORT@INLINECOM.COM.

AUTHORIZATION & CONFIRMATION

BY ACCEPTING THE BELOW THE CUSTOMER AGREES THAT THE ABOVE TERMS AND CONDITIONS ARE LEGALLY BINDING AND TO COMPLY WITH THOSE TERMS AND CONDITIONS SPECIFIED.