The following information relates to emergency services dialing and is an important part of the terms and conditions for Digital Voice service as provided by HiLight (“HiLight Digital Voice Service”). Your signature on the “Customer Acknowledgement and Authorization” acknowledges that you have read, understood, and accept these limitations of the HiLight Digital Voice Service and its reliance on VoiP (Voice over Internet Protocol) relative to emergency services & 911 dialing as described below.

 PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE HILIGHT DIGITAL VOICE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF 911 EMERGENCY DIALING SERVICE (“HILIGHT E911 SERVICE”), AND UNDERSTAND THE DISTINCTIONS BETWEEN the HILIGHT E911 SERVICE AND TRADITIONAL 911 CALLS.

• the HILIGHT E911 SERVICE DOES NOT WORK IF YOU FAIL TO REGISTER OR UPDATE THE HILIGHT E911 SERVICE WITH YOUR CURRENT LOCATION
• the HILIGHT E911 SERVICE WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE OUTAGE DUE TO ANY CAUSE
• the HILIGHT E911 SERVICE WILL NOT WORK IF YOUR SERVICE HAS BEEN CANCELLED BY YOU OR SUSPENDED OR TERMINATED BY HILIGHT

 All of the HiLight Digital Voice Service customers have access to Enhanced 911 (E911) service (“HiLight E911 Service”). With the HiLight E911 Service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Although they have access to this information, please be prepared to provide any information requested by the emergency operators, if possible.  With E911 service, when you dial 911, your telephone number and registered address may be sent to the local emergency center assigned to your location. Emergency operators may have access to the information they need to send help and call you back if necessary. We do not have control over emergency operators nor can we guarantee that a 911 call will be routed to the correct operator. Customers in locations where the emergency center is not equipped to receive their telephone number and address may have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, they may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak. You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.

Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center.

Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers and local emergency centers.

 Registration of Physical Location Required.

Use of the HiLight Digital Voice Service is permitted only at the address to which it is registered. Use from an alternate location is strictly prohibited. Should HiLight be required to direct emergency personnel, the location information that is provided to an emergency operator is always the address that you provided when the Service was ordered. In addition, you are agreeing to cooperate with HiLight’s efforts to provide you with the HiLight E911 Service. For example, it is incumbent on you to confirm the accuracy of your physical address with HiLight. For purposes of the HiLight E911 Service, you may only register one location at a time for each phone line. Regardless of what address you register for a portable device, emergency calls you make from these devices will be routed to the HiLight Digital Voice Service national emergency response center.

Notify All Users / Inform All Present.

You are responsible for informing any household residents, guests, employees and other third persons who may be present at the physical location where you utilize the HiLight Digital Voice Service of the important differences in and limitations of E911 Service as compared with traditional 911 land line or cell phone service.  You agree to assume the obligation to inform any employees, guests and other third persons who may be present at the physical location where you utilize the services and/or products we provide under this Agreement of the important differences in and limitations of your phone service as compared with basic 911 or E911. The documentation that accompanies each telephone device will include a sticker concerning the potential non-availability of basic 911 or E911 (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each device, to place the 911 Sticker as near as possible to each phone that you use with the service. If you did not receive a 911 Sticker with your telephone device, or you require additional 911 Stickers for phone devices we do not provide, please contact our customer care department at (503) 693-4400 for additional 911 Stickers which we will provide for no additional cost.

Re-Registration Required if You Change Your Number or Add or Port New Numbers.

The HiLight E911 Service does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number and receive confirmation from HiLight.

Confirmation of Activation Required.

Your HiLight E911 Service will not be activated for any phone line that you are using with the HiLight Digital Voice Service, UNLESS AND UNTIL YOU RECEIVE AN EMAIL FROM HILIGHT CONFIRMING THAT THE HILIGHT E911 SERVICE HAS BEEN ACTIVATED FOR THAT PHONE LINE.

Service Outages.

Service outages, suspensions or disconnections of your broadband service will prevent all service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.   You acknowledge that HiLight is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination of your HiLight Digital Voice Service or any failures resulting from local or national disasters.

a. Service Outages Due to Power Failure or Disruption. You acknowledge and understand that the HiLight E911 Service does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the HiLight Digital Voice Service, including the HiLight E911 Service, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the VoIP device prior to utilizing the HiLight Digital Voice Service, including the HiLight E911 Service.               

b. Service Outages Due to Internet Outage or Suspension or Disconnection of Service. Service outages or suspensions or disconnections of the HiLight Digital Voice Service by the City of Hillsboro will prevent all HiLight Digital Voice Service, including the HiLight Digital Voice Service E911 Service, from functioning. You acknowledge and understand that the HiLight Digital Voice Service and E911 Service requires a fully functional broadband connection to the Internet, which is provided by HiLight as part of the HiLight Digital Voice Service package. Service outages due to disconnection of your account will prevent all service, including 911 Dialing, from functioning.          

c. Blocking of Ports.  Other third party transport providers may intentionally or inadvertently block the ports over which the service is provided or otherwise impede the usage of the service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your service, including the 911 Dialing feature, may not function. You acknowledge that we are not responsible for the blocking of ports or any other impediment to your usage of the service, and any loss of service, including 911 Dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the service, you will continue to be responsible for payment of the service charges unless and until you disconnect the service in accordance with this Agreement.    

d.  Other Service Outages. If there is a service outage for any reason, such outage will prevent all HiLight Digital Voice Service, including the HiLight E911 Service, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

Network Congestion & Reduced Speed.

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made utilizing the HiLight Digital Voice Service as compared to traditional 911 dialing over traditional public telephone networks.

Disclaimer of Liability and Indemnification.

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks. HiLight and its agents, suppliers or contractors, including but not limited to Momentum Telecom, Inc., (“Momentum”) do not have any control over whether, or the manner in which, calls using 911 dialing service are answered or addressed by any local or national emergency response center. HiLight and its agents, suppliers or contractors, including but not limited to Momentum, disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. HiLight and its agents, suppliers or contractors, including but not limited to Momentum, rely on third parties to assist in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. HiLight and its agents, suppliers or contractors, including but not limited to Momentum, disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER HILIGHT AND ITS AGENTS, SUPPLIERS OR CONTRACTORS, INCLUDING BUT NOT LIMITED TO MOMENTUM, NOR OUR OR THEIR ELECTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND SUBSCRIBER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO 911 DIALING SERVICE. You agree to defend, indemnify, and hold harmless the City of Hillsboro, HiLight and its agents, suppliers or contractors, including but not limited to Momentum, as well as our and their officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the 911 Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the service to be able to use 911 Dialing or access emergency service personnel.

Alternate 911 Arrangements.

You acknowledge that HiLight does not offer Lifeline service, and that if you are not comfortable with the limitations of the HiLight E911 Service, HiLight strongly recommends that you always have an alternative means of accessing emergency service.

Burglary, Fire and Medical Monitoring Systems

HiLight makes no warranty that (i) HiLight’s Digital Voice Service used as a communications pathway for monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices, will be uninterrupted, timely, secure, or error-free; (ii) the service will be compatible with any particular or all monitored burglar alarm(s), monitored fire alarm(s), or medical monitoring system(s) or device(s); or (iii) battery backup power, if any, will be sufficient to maintain the service throughout any and/or all power or network outages.

Telephone Required

HiLight Digital Voice Service requires a regular analog touchtone landline telephone, which you must supply and which must be connected to the HiLight network, either directly or through your service location’s inside wiring. (Rotary and pulse phones will not work).

Electrical Power and Back-Up Battery

You are responsible for providing the electrical power necessary for the HiLight Digital Voice service to function. The Service (including E911 Service) will not function during a power outage without a backup power source. An optional battery back-up feature is available for your Service. With a fully-charged battery (or batteries), the battery back-up feature will power the basic calling functions of your HiLight Digital Voice service for up to __ hours, depending on the type of battery backup device installed.

You acknowledge and understand that HiLight’s Digital Voice requires electrical power to function and that, therefore, you must at all times maintain a working backup battery for your Digital Voice service to function. You acknowledge and understand that it will take a minimum of __ hours to charge an initial backup battery after HiLight’s Digital Voice is installed and/or after a replacement battery is installed. In the event of a power outage, the battery backup unit only supplies power for voice services from a phone that is not dependent on a power supply. Cordless phones and telecommunications devices used to assist customers with disabilities require a separate power supply to function. If you are using such devices with HiLight’s Digital Voice, a separate backup battery or other power source may be required if there is a power outage. HiLight recommends that you have at least one alternative means of calling 911 in a power outage such as wired phone or cellphone, which can access the network without the need of a power source.

In the event of a power failure, network backup power systems are in place.  The device providing service also provides limited battery backup.  Excessive use during a power outage will result in shortened life of the internal battery. The device will provide indication of low battery voltage. You should notify us for instructions or replacement.  Failure of network power backup systems or the telephone device’s internal backup system during a power failure or disruption will prevent all service, including 911 dialing from functioning.  

You further acknowledge and understand that to conserve battery power during a power outage, you should not attempt to use the backup batteries for any purpose other than to power HiLight’s Digital Voice. You acknowledge and understand that you are solely responsible for determining when the battery backup unit requires replacement and for replacing and recycling used batteries in accordance with manufacturer or other directions. You also acknowledge and understand that you are solely responsible for obtaining and maintaining backup batteries or other sources of power for any cordless phones you use with HiLight’s Digital Voice. If you require a new battery you may notify HiLight or the manufacturer to request replacement.

Location of Service and Movement of Equipment

You agree that neither you nor a third party will move any equipment used for HiLight’s Digital Voice Service within your premises or to any other physical location outside of the premises where it was installed by HiLight. HiLight’s Digital Voice Service is not designed to be nomadic and will not function properly if the network interface connection is moved or altered by a non-HiLight employee or agent.  This service is provided at a specific permanent address and not available as a nomadic offering. Before you move the telephone device(s) to another location, you must notify us to determine if service can be provided at your new permanent address. Service will only be provided at locations where E911 or basic 911 connectivity are available.       

If you are not comfortable with the limitations of the 911 dialing service described above, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the service.

The City of Hillsboro reserves the right to modify this HiLight Digital Voice 911 Disclaimer and Limitation of Liability at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes. 
 
Effective January 1, 2024 
Version 2.0