911 Information

FreePhoneLine offers a form of 9-1-1 service that is similar to traditional 9-1-1 service but has some important differences and limitations when compared with enhanced 9-1-1 service (E911) available in most locations in conjunction with traditional telephone service.

Non-Availability of Traditional 911 or E911 Dialing Service
With both traditional 9-1-1 and E911 service, your call is sent directly to the nearest emergency response centre. In addition, with E911 service, your call back number and address are visible to the emergency response centre call-taker. With FreePhoneLine your call is being sent via the Internet rather than a traditional phone line, and the most up to date client information may not arrive with this call, meaning a different method is required to send this client information accurately. With FreePhoneLine service the 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the customer at the time of service subscription or as properly updated by the customer from time to time.  The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number with the operator as this information may not be available to them. You are encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible.

Registration of Physical Location
You should ensure your address/location information, updated through your online account, is kept current at all times. In case you are not able to speak during the 911 call, the call taker would dispatch emergency response vehicles to your last registered address. You need to update your 911 Dialing information whenever you move your device to a new location. Note: please allow up to 3 business days for the 9-1-1 data base to be updated.

Service Outages & Delays
9-1-1 emergency dialing may not be available during a power outage, may not be available if using the FreePhoneLine software client if your computer is malfunctioning, or suspension or disconnection of the FreePhoneLine service because of billing issues, or any disconnection or suspension of underlying broadband access service and will be unavailable during a broadband internet outage. If there is a power outage, you may be required to reset or reconfigure their telephony gateway device, if using a FreePhoneLine gateway, prior to being able to use the service, including for 9-1-1 dialing purposes. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls.

Conveying Limitations to Household Residents and Guests
You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the FreePhoneLine service, of the important differences in and limitations of FreePhoneLine 9-1-1 dialing as compared with traditional E9-1-1 service, as outlined above.

FREEPHONELINE SERVICE SCHEDULE TO
FIBERNETICS FREEPHONELINE MASTER SERVICES AGREEMENT

Freephoneline is a digital  phone service offered by Fibernetics Freephoneline Inc. ("FPL"), part of the  the Fibernetics Corporation group of companies (the "Freephoneline Service" or the "Service"). This Freephoneline Service Schedule is an attachment to and forms an integral part of the FPL  Master Services Agreement (the "Agreement") and the Customer agrees to be bound by the terms and conditions set out in this Freephoneline Service Schedule as well as the FPL Master Services Agreement which can be found at  www.freephoneline.ca/terms.

THIS  FREEPHONELINE SERVICE SCHEDULE IS SUBJECT TO THE LIMITATION OF LIABILITY CONTAINED IN THE MASTER SERVICES AGREEMENT.

THE CUSTOMER MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN THE CUSTOMER AND FPL. THESE TERMS AND CONDITIONS OF USE GOVERN THE CUSTOMER"S USE OF THIS INTERNET SITE ("SITE") AND THE SERVICES OFFERED, INCLUDING THE SERVICE SOFTWARE, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, DATA, FILES AND INFORMATION AND ANY ONLINE OR ELECTRONIC DOCUMENTATION ("Software"). EACH TIME THE CUSTOMER USES THIS SITE OR THE SERVICE, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS MAY BE UPDATED AND CHANGED WITHOUT NOTICE TO THE CUSTOMER. THIS AGREEMENT TAKES PRECEDENCE OVER ANY OTHER AGREEMENT OR TERMS EMBEDDED WITHIN THE SOFTWARE.
The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If the Customer is under the legal age of majority in the jurisdiction in which it lives and wishes to subscribe to the Service, a parent or legal guardian must subscribe to the Service on behalf of the Customer.

1. SUBSCRIPTION
   
   The Customer, as identified in the Customer Account (created in accordance with section 7 herein), and as may be referred to as "You" or "Customer", subscribes to Freephoneline Services subject to the terms and conditions specified herein.
   
   The Customer is responsible for providing accurate information  and for updating any information on the Customer’s account.  Fibernetics reserves the right to suspend or terminate the Customer’s account if  provided with incomplete or inaccurate information at the time of subscription or any time thereafter 
   
   
2. 9-1-1 – EMERGENCY SUPPORT FOR THE SERVICE
   
   PLEASE READ THE INFORMATION BELOW ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY! By using or paying for the Services, the Customer acknowledges and agrees to all of the information below regarding the limitations of using the Service for dialing 9-1-1. The Customer acknowledges and understands that the Service does offer a limited 9-1-1 type service and that such 9-1-1 type dialing differs in important respects from traditional 9-1-1 service, as described below. The Customer agrees to advise all users who may place calls over the Service from the Customer’s location of these limitations.
   
   BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS.

1. FPL 9-1-1 emergency dialing is only officially supported in software and on Analogue Terminal Adapters (ATAs) provided by FPL for use with the Service.
2. The 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of Service subscription or as properly updated by the Customer from time to time.
3. FPL 9-1-1 emergency dialing has certain limitations relative to Enhanced 9-1-1 service. Enhanced 9-1-1 service is the type of 9-1-1 service that is generally available on most traditional primary exchange telephone services. With Enhanced 9-1-1 service, your address information associated with your telephone number is usually available to the Public Safety Answering Point at the time of your 9-1-1 call. With FPL 9-1-1 emergency dialing your call is being sent via the Internet rather than a traditional phone line, and as the most up to date customer address information may not arrive with this call, a different method is required to send this customer address information accurately. This method may involve the use of an intermediary emergency service operator to help ascertain your current location information.
4. Be prepared to confirm your location and telephone number with the operator who answers the 9-1-1 call since the operator may not have this information. It is also recommended to keep in mind that FPL is your telephone service provider because if necessary, the FPL central call centers can contact emergency services in severe emergency situations to attempt to help. You are also encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible. Please note that it may take up to three (3) days upon initial activation of service for your address information to fully propagate throughout the 9-1-1 systems.
5. FPL 9-1-1 emergency dialing may not be available during a power outage, may not be available if using the FPL software client and the Customer’s computer is malfunctioning, in the event of suspension or disconnection of the Service because of billing issues or breach of terms of service, or any disconnection or suspension of underlying broadband access service. FPL 9-1-1 emergency dialing will also be unavailable during a broadband internet outage. If there is a power outage, the Customer may be required to reset or reconfigure their ATA, if using an FPL ATA, prior to being able to use the Service, including for 9-1-1 dialing purposes.
6. If using an FPL ATA,  9-1-1 dialing will not function correctly if the Customer moves the ATA to a location other than that provided to FPL at the time of Service activation.  In such an event, in order to have 9-1-1 calls routed correctly, the Customer must update its service address at least three (3) days prior to moving by updating their information via the FPL web site.
7. Customer must keep its  registered location information current by updating it with FPL  to help ensure success with the emergency service operator who may assume that Customer is at the last registered address if he/she is not able to speak during a 9-1-1 call. Customer’s  registered location information is used to accurately connect  to the appropriate emergency response center so that they may trigger the appropriate emergency response.
8. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls placed from a fixed location known to the service provider.
9. Customer should inform any household residents, guests and other persons who may be present at the physical location where  the FPL service is utilized of the important differences in and limitations of FPL 9-1-1 dialing as compared with traditional Enhanced 9-1-1 service, as set out above.
10. Customers traveling outside of Canada will not have 9-1-1 dialing services.
11. If Customer is not comfortable with the limitations of the FPL 9-1-1 emergency dialing, Customer should consider having an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services or disconnecting the Service.
    
    
12. The Customer acknowledges and understands that FPL will not be liable for any service outage and/or inability to dial 9-1-1 using the Service or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, FPL, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS FPL, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.

3. SOFTWARE

1. Software license

1. At the time of subscription, Customer shall receive or shall be entitled to download the Software required to run and operate the Service.
2. Subject to the terms and conditions of this Agreement, FPL grants to Customer a non-exclusive, non-transferable, revocable,  limited license to use the Software.
3. Customer shall have no right to transfer, assign or sublicense the Software.

  b. Restrictions on altering the Software or the code in any way

Except as otherwise specified in this Schedule , the Customer may not: (i) copy the Software, other than one copy which is permitted as a backup; (ii) Modify or create any derivative works of any Software, Service or documentation, including translation or localization (code written to published application programming interfaces or APIs); (iii) Sublicense or permit simultaneous use of the Service by more than one user; (iv) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Software related to the Service;(v) Redistribute, encumber, sell, rent, lease, sublicense, or use the Software or the Service in a timesharing or service bureau arrangement, or otherwise transfer the Software or any rights to the  Software; (vi) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Service; or (vii) Publish any results of benchmark tests run on any Software to a third party without FPL’s prior written consent.

  c. Ownership of Software and Service

All right, title and interest in the copyright, patents and intellectual property rights in the Software and the Service or any part thereof remain with FPL or the original owner of such rights, as the case may be.

4. USE OF THE SERVICE:

1. System Requirements
   
   The Customer is responsible for ensuring that Customer’s computer and system meet the minimum system requirements to run the Service which can be found at www.freephoneline.ca/downloadDesktopApplication . If the Customer’s system does not meet these requirements, FPL is not responsible for any connection difficulties or Service delays, deficiencies, interruptions or related damages the Customer may have as a result.
   
   
2. Installation
   
   The Customer is responsible for the download and installation of the Software and the Service.
   
   
3. Third Party Software and Downloads

1. FPL is not responsible for third party software downloads or hardware installed by the Customer which may alter the Service connection, the Customer"s computer configuration or which may prevent or alter internet connection, speed, or service or have any other impact on the Service.
2. FPL is not responsible for any spyware, malware or virus the Customer contracts on his/her computer from using the internet or the World Wide Web.
3. FPL assumes no responsibility whatsoever for any internet or email or other connection software the Customer may run on its computer.  FPL assumes no responsibility for any damages that may result from the use of such software.

  d. Number Transfer or "Porting"

If Customer intends to change to another service provider, Customer may request to take or "port" the telephone number supplied by FPL to such other service provider. If Customer asks a new service provider to port a number from FPL and FPL receives such request (with 30 days notice), FPL will terminate the Service with respect to such number shortly after the successful completion of the port.  Customer will remain responsible for any charges and fees associated with that number until the Service was terminated.  If a port is unsuccessful for any reason,  the Service and this Agreement will not terminate and Customer will continue to be responsible for any charges and fees associated with the Service and Customer’s account.   

e. Directory Listing

The phone number(s) that Customer obtains in connection with the Service will not be listed in any telephone directories.

f. No 0+ , Operator Assisted Calling or 900 calls

The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls and third party billing calls).  Further, the Service does not support 1-900 calls or other similar services. The Service does support 411 calls, which shall be charged at a rate to be determined from time to time by FPL, and it also supports 311 calls where available.  The Service may support certain calling card calls or other companies’ flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.

g. Long Distance

Long distance calls are free when Customer is calling to Freephoneline’s ON-NET Canadian cities. For a current listing of  ON-NET cities please check www.freephoneline.ca/features. For calling to OFF-NET destinations the Customer may purchase long distance credits.  Charges for long distance calling will be applied against the credits at the then current long distance rates, which may change from time to time, without notice to Customer.  All destinations have landline rates and cellular rates. Calls are billed 30 second increments. For more information on purchasing long distance credits and for current long distance rates please see www.freephoneline.ca/ldServices.

 h. Acceptable Use Policy

The Customer may make use of the Services solely for his/her own personal, residential use. The Service is to be used for voice only purposes. The Customer may not resell or transfer the Service to any other person for any purpose, or charge any other person for the use of the Service.

The Customer must adhere to the FPL Acceptable Use Policy which can be found at www.freephoneline.ca/terms.

5. EQUIPMENT

1. The Customer may purchase or rent equipment from FPL in connection with the Services ("Equipment"). 
2. The Customer shall cause the Equipment to be operated in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws. 
3. The Customer will not sell, lease or otherwise dispose of the Equipment (or any part thereof) and will keep the Equipment free of all encumbrances.  In the case of Equipment purchase, the Customer may sell, lease or otherwise dispose of the Equipment after all amounts owing have been satisfied. 
4. At all times, the Customer will use the Equipment only in the manner for which it is designed and as a prudent and careful owner would.
5. The Customer will bear the risk of loss, destruction or confiscation to the Equipment from the time the Equipment is delivered to the Customer and the Customer is responsible for insuring the Equipment as of the date of such delivery.

6. SUPPORT

1. FPL offers varying types of support for the Service. The Customer should review the "FAQ" and "Forum" sections of the Freephoneline site http://forum.freephoneline.ca to address Service related questions.  Further, the Customer may contact Freephoneline directly with Service related questions at the email or telephone number indicated in the "Contact Us" section.
2. With respect to Equipment, FPL will offer technical assistance and support for degradation or malfunction due to normal wear and tear to the hardware or equipment rented or purchased from FPL unless otherwise specified.
3. FPL will not provide support for third party services, hardware, software, PC repair services, enhancements, upgrades or modifications that are not purchased, rented or licensed from FPL.
4. FPL will not in any event be held responsible to correct or fix any problems or errors relating to or caused by the installation, configuration or modification of the Customer’s equipment or system or any components thereof or to incur any costs related thereto.

7. ACCOUNT INFORMATION AND PAYMENT

1. To subscribe for the Services and download the Software, the Customer shall provide the required information at the application section of this Site and create an account ("Customer Account").
2. One (1) Customer Account is permitted per person.
3. Any fees and charges for the Service, Equipment, or other services or products purchased under this Freephoneline Service Schedule, including shipping and handling charges, will be paid by the Customer on credit card (Visa, MasterCard or American Express).   
4. The Customer will be responsible for all applicable taxes.
5. For purchases with immediate payment, Customer will be provided with an electronic receipt of payment.
6. For purchases that have monthly charges, Customer will be billed monthly, one (1) month in advance.   All monthly services require pre-authorized payment via credit card. A Customer who provides payment by credit card agrees to allow FPL to bill his or her card on each successive billing date.  The Customer shall notify FPL of any changes in credit card number and expiration date. If the card is not honoured for any reason, and if alternative billing has not been established, the Account and the Service may be suspended until the payment is received.
7. Currently there is no charge for the basic Freephoneline Service (not including Equipment, long distance or other ancillary services such as 411 calling and secondary telephone numbers).  If fees are to be charged on the Freephoneline Service in the future,  FPL will provide the Customer thirty (30) days written notice to the email address submitted at registration (or current email address) and will confirm credit card details for the purposes of payment.
   

8. SERVICE TERM & CANCELLATION

1. Service Term for Freephoneline Service.
   
   The term of the Service will begin on the date the Software is downloaded by the Customer ("Activation Date") and will end when the Service is cancelled by the Customer or by FPL in accordance with section 7(c) below (the "Term"). 
    
2. Ancillary Services.
   
   If the Customer orders from FPL any ancillary or supplementary services to the Service, including, but not limited to, DSL, long distance and secondary telephone numbers, such services  shall have specific fees and charges applied and may be provided on a specific term, which shall  be detailed  in the order process. A  listing of available ancillary services and charges may be found at www.freephoneline.ca/optionalServices
   
   
3. Service Cancellation

1. The Service may be cancelled at any time by the Customer by providing thirty (30) days written notice to FPL.
2. If  the Customer cancels the Service prior to ninety (90) days from the Activation Date, FPL may charge an administrative fee of $100 to the Customer.
3. Any ancillary or supplementary services that Customer subscribes to from FPL under a specific service term or that have separate fees or charges attached may be subject to termination charges.  The termination provisions and termination charges, if applicable, will be applied in accordance with the relevant service schedule and the FPL Master Services Agreement.  
4. If the Customer does not use the Service for a period of ninety (90) days from the Activation Date, FPL has the right to cancel the Service and recall the telephone number assigned to the Customer’s account.
5. FPL has the right to cancel the Service immediately due to Customer’s breach of this Agreement or this Schedule or any abuse or action that is inconsistent with the FPL Acceptable Use Policy.
6. Upon termination, all rental equipment must be returned, within fifteen (15) days from the date of termination, failing which the Customer will be charged the full purchase price. Returned equipment must include all original cables and power adapters and must not have any physical damage.  

9. PRIVACY

FPL respects the Customer’s privacy and will protect Customer’s privacy and personal information in accordance with FPL Privacy Policy which can be found at www.freephoneline.ca/terms.
FPL, as part of the a Fibernetics Corporation group of companies, shares information with affiliate Fibernetics companies, and with specific branding partners,  in this case Labatt Brewing Company Limited ("Labatt") and its affiliated companies or their agents and contractors, in order to offer customers products and services that they may find attractive.  Customer acknowledges that it is aware that FPL is working with branding partner Labatt to market and supply the Freephoneline Service to the Customer.  Therefore, with respect to this offering of the Freephoneline Service with Labatt, Customer consents to the collection, use, and disclosure of Customer’s personal information by and between FPL and Labatt and each of their affiliates, agents and contractors for the following purposes:

• To provide a positive customer experience, and deliver, bill for, and collect payment for products and services;
• To understand customer requirements and preferences and make information available regarding products and services offered by FPL and Labatt and  their affiliates, agents and contractors

10. ORDER OF PREFERENCE

This Freephoneline Schedule forms part of the FPL Master Services Agreement.  In the event of conflict between this Schedule and the FPL Master Services Agreement, the terms and conditions of this Schedule shall prevail to the extent of the conflict.

Intellectual Property Notices
Copyright 2010  Fibernetics Freephoneline Inc at 605 Boxwood Drive, Cambridge, Ontario, Canada N3E 1A5. All rights reserved.

This Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of Fibernetics Corporation and its affiliates, and are protected by Canadian and international copyright, trade-mark, and other laws.  The Customer’s use of the Site and the Service does not transfer to the Customer  any ownership or other rights in the Site or its content or the Service.

"Freephoneline", together with all associated graphics, logos, and slogans, is a trade-mark of  Fibernetics Corporation , and may not be used or reproduced without Fibernetics Corporation"s express prior written permission.

Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Site.