LIMITATION OF LIABILITY
Customers are strongly advised to carefully review this section with respect to TCS’s limitations of liability.
(a) The parties agree that TCS shall in no event be liable to you or any other person for any indirect, consequential, special, incidental, reliance or punitive damages, or for any lost profits of any kind or nature whatsoever, regardless of the foreseeability thereof, arising out of the provision of Service or in any way arising out of these Terms and any related agreements, whether in an action arising out of breach of contract, breach of warranty, delay, negligence, strict tort liability, patent or intellectual property matters or any other legal or equitable theory. However, in the event a court of competent jurisdiction finds TCS liable, your exclusive remedy and TCS’s sole liability for damages to you for any cause whatsoever regardless of form of action, including negligence, shall be for direct damages only and, except in the case of death, bodily injury and physical damage to property, wholly caused by TCS’s negligence, shall not exceed an amount equivalent to the ordinary price of the relevant service purchased for one (1) month (to be determined as an average of billings in respect of such service over the closest previous three months in which there were no such problems or defects in the service). No action or proceeding against TCS may be commenced more than one (1) year after the event giving rise to such claim. The provisions of this section shall survive termination of these Terms.
(b) Without limiting the generality of the foregoing, TCS is not liable to you, any other user or other person for damages resulting from:
– any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
– a user’s conduct, acts or omissions, or the operation or failure of your equipment or facilities;
– any event beyond the reasonable control of TCS including acts of God, inclement weather including but not limited to lightning, floods, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
– TCS’s failure, for any reason, to activate or have readily available service on the activation or usage date requested by or conveyed to or by you; service interruptions, delays in communications, errors or defects in transmissions, or failures or defects in TCS services or facilities; or any corrupted data, files or viruses which affect you or the TCS high speed internet service. It is your responsibility to safeguard your system, through appropriate means (for example, using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network of TCS or its suppliers as a result of your failure to properly secure your system may result in the immediate cancellation of your TCS high speed internet service.
EMERGENCY SERVICES
VOIP AND 911 SERVICE:
(a) Description: VoIP services allow Customers to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
(b) 9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.
(c) Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. Due to the limitations of the VoIP telephone services, your 9-1-1 call will be routed to a different location than that which would be used for traditional 9-1-1 dialing. Your call will be answered by a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which automatically generates your address information, and consequently, you should be prepared to provide your name, address, and telephone number to the call centre. Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services.
(d) How your information is provided: The VoIP service will attempt to automatically provide the 9-1-1 operator with the name, address and telephone number associated with your account. However, for technical reasons, the 9-1-1 operator receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the 9-1-1 operator of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.
(e) Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site. You may update your contact information through TCS’s website and must allow 3-4 business days for this information to be updated.
(f) Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must dial 9-1-1 again immediately.
(g) Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.
(h) 9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
-Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages,
-VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage. In the event of a power, network or Internet outage, you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and,
-changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with TCS.
(i) Customer Responsibilities: You agree
(a) to ensure your contact and address information on file with TCS is always accurate and kept up to date by visiting the TCS website located at www.tcscanada.com or contacting TCS customer service at 416-635-1234.;
(b) to notify any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein; and,
(c) to display the current address and telephone number in a manner that will enable any user or potential users of your VoIP services to communicate the information during a 9-1-1 call.