Our policies were designed with fairness and simplicity in mind.
We're happy to answer any questions you have about terms and conditions.
Master Services Agreement
Our Master Services Agreement is available for anyone who wants to see it. The MSA contains the terms and conditions for Pilot's services.
DIA Service Level Agreement
Terms in this SLA are for informational purposes only. Please see our Master Services Agreement for the SLA that applies to each service.
Bandwidth Availability Guarantee
Pilot guarantees that subscribed bandwidth will be 100% available between any two points on Pilot’s network at all times.
Pilot does not guarantee that subscribed bandwidth will be 100% available between any two points on the internet. Outside networks may experience technical issues or limitations that can impact your service’s performance. While Pilot ensures that all points of ingress and egress do not reach their provisioned capacity, Pilot cannot ensure or verify the integrity of neighboring networks.
If, for any reason, purchased bandwidth is not available as a result of congestion on Pilot’s network, Pilot will commence its congestion mitigation procedure within 15 minutes of acknowledgement of a reported issue. Applicable account credits will automatically be issued in accordance with the credit schedule.
Intrusive Testing Procedure
If a service’s performance is believed to be degraded or incapable of using its subscribed bandwidth, Pilot may determine that it is necessary to perform additional tests to verify the availability of subscribed bandwidth and re-certify the service’s integrity.
Intrusive testing may involve disconnecting network equipment and/or disrupting live traffic across your network. Pilot will schedule an intrusive testing window around the needs of the Customer, at which time, a Customer representative must be on-site and a Pilot engineer will be available remotely to coordinate testing.
For purchased bandwidth of 1 Gbps and greater, the usage of specialized testing devices may be required to achieve desired throughput. Pilot does not make any representations or warranties as to the performance of your computers, peripherals, or other network hardware and/or their abilities to sustain data transfers at any purchased bandwidth level.
You agree to participate in intrusive testing if Pilot engineers determine that these tests are necessary in demonstrating bandwidth availability. Pilot reserves the right to deny the issuance of account credits otherwise allocated under its service guarantees when a request for intrusive testing at a mutually agreeable time is refused.
If an on-site service call is required and intrusive testing by a Pilot engineer reveals full bandwidth availability and no service degradation, a dispatch fee may apply.
Congestion Mitigation Procedure
Pilot will begin to attempt to mitigate any congestion or oversaturation on its network within 15 minutes of an acknowledgement to an initial report. Pilot will continue to provide updates to you in 15 minute increments until the congestion has been mitigated or until Pilot determines that it is not possible to resolve the issue from its Network Operations Center.
If it is not possible to resolve a congestion condition from Pilot’s Network Operations Center, Pilot may deem it necessary to increase capacity at certain points on its network or its fiber system. In the event that this becomes necessary, Pilot guarantees that it will increase physical capacity within 72 hours subject to Physical Access and Safety limitations imposed by third-parties.
Should Pilot need to engage in congestion mitigation, applicable account credits will automatically be issued in accordance with the credit schedule.
Congestion mitigation and any possible account credits associated with such mitigation do not apply to denial of service (DoS) or distributed denial of service (DDoS) attacks toward Pilot’s network or Pilot’s customers.
Pilot guarantees that your service’s connection to the Internet will be available at all times. Disruptions to your service that result in the inability to access the Internet in it’s entirety will result in the automatic application of account credits in accordance with the credit schedule.
There are many factors outside of Pilot’s control that may result in service disruption including, but not limited to, scenarios documented elsewhere in this agreement. The determination of service availability is made at Pilot’s sole discretion.
Pilot guarantees that packet loss between any two points on Pilot’s network will not exceed 0.1% at any time. In the event that packet loss is reported and observed in excess of this target, credit will automatically be applied in accordance with the credit schedule.
Pilot guarantees that round-trip latency between any two points on Pilot’s network will not exceed 5ms at any time, provided that both points are located in the same metropolitan area. In the event that round-trip latency is reported and observed in excess of this target, credit will automatically be applied in accordance with the credit schedule.
Pilot provides 24/7 monitoring of Pilot-owned devices. Pilot does not proactively monitor all customer equipment using ICMP and/or SNMP protocols.
In the event that a Pilot-owned device becomes unreachable from our Network Operations Center, Pilot will attempt to contact you via phone and/or email within 15 minutes.
Failure to proactively monitor a service will result in the automatic issuance of an account credit in accordance with the credit schedule.
In the event of an issue with your Pilot service, Pilot guarantees a 15 minute response interval for issue acknowledgement. Issue acknowledgement may occur via email, telephone, our internal help desk.
From time to time, it may be necessary to perform scheduled maintenance on Pilot’s network that causes a disruption to your service. Pilot may conduct such maintenance on any day between the hours of 12AM and 8AM local time, provided that Pilot has given you at least 24 hours written notice of such maintenance.
In the event that Pilot must perform unscheduled maintenance on its network without providing a minimum of 24 hours written notice, credits will automatically be assessed in accordance with the service schedule.
Maintenance that is required as a result of damage to Pilot’s fiber-optic cable system by third parties does not qualify as scheduled maintenance or unscheduled maintenance.
Denial of Service / Distributed Denial of Service
In the event of a Denial of Service (DoS), or Distributed Denial of Service (DDoS) attack toward the Pilot Network or a Pilot customer, Pilot will begin mitigation efforts within 15 minutes.
Pilot is not responsible for service interruptions as a result of any attack on our network by a third party.
Mitigation of DoS / DDoS attacks may involve temporarily filtering traffic towards a customer-facing IP address in a practice commonly referred to as “null routing”. Pilot does not accept responsibility for interruptions or downtime caused as a result of null routing an attacked IP address.
Customer Premise Equipment
For Pilot-owned devices provided in connection with your services, we guarantee that we will facilitate the installation of a replacement device within one business day of an assessed failure by the Pilot Network Operations team.
It is your obligation to provide Pilot with any and all necessary access to perform repairs or replacements associated with our services. Pilot is not responsible for any delay to restore or repair it’s services caused by your failure or delay in providing necessary access to Pilot technicians.
Pilot does not accept responsibility for physical damage to Pilot-owned devices once installed in your space, whether intentional or accidental, including damages caused by power related issues such as surges and/or brownouts. It is your obligation to provide surge protection and/or battery backup protection if desired.
Pilot does not accept responsibility for the failure, mis-configuration, or deficiency of equipment not provided by Pilot for use in connection with your services.
Damage to the Fiber System
In the event of physical damage to Pilot’s underground or aerial fiber-optic cable system, Pilot will identify the location of the damaged components and dispatch technicians to that location within two hours of the initial issue report.
Pilot strives for a four hour repair interval in the event of damage to its underground or aerial fiber-optic cable system, however, Pilot does not accept responsibility for delays in the repair interval due to the frequent involvement of emergency responders, safety restrictions and/or access restrictions.
In the event of physical damage to indoor components of the fiber-optic cable system, Pilot will dispatch technicians within one business day, subject to building-imposed or safety-related access limitations that may prevent us from making necessary repairs in a timely manner. Depending on the scope of repair, a re-installation fee may be applied at Pilot’s sole discretion.
Use of Alternate Service
In the event that you elect to procure or use alternate services at any time, Pilot accepts no responsibility for any charges or fees incurred in connection with their usage.
Pilot is not responsible for any failure to meet its service level objectives or guarantees that is caused by a Force Majeure event. Force Majeure events include, but are not limited to: damage to the fiber-optic cable system by a third party, fire, explosions, power failures, strikes or labor disputes, water (including flooding), physical access limitations, acts of god, the elements (including severe storms), war, civil unrest, or acts of terror.
Credit Issuance and Refund Policy
Pilot will issue any applicable account credits within 15 days of the SLA event. Credits are issued at the sole discretion of Pilot. Account credit may not be redeemed for cash, and account credit will automatically be applied to future invoices. No credit issuance may exceed 100% of the monthly charges for any affected services.
No refunds will be provided by Pilot for any reason.
Pilot’s Escalation Matrix is available to Customers upon request.
Congestion (Resolved by NOC)
100% Bandwidth Availability
5% per hour
Congestion (Resolved outside NOC)
100% Bandwidth Availability
20% per incident
5% per hour after interval
Service Availability (100% Packet Loss)
100% Service Availability
5% per hour
0.1% loss across Pilot's network
5% per hour
5ms round-trip across Pilot's network
5% per hour
Notification within 15 minutes
10% Per Incident
Technical Support Response
Acknowledgement within 15 minutes
10% Per Incident
Minimum notice period of 24 Hours
5% Per Incident
Updated October 2018
Pilot respects your privacy and is committed to protecting it. Unlike many other ISPs, Pilot does not harvest or sell our customers’ data when they use our services to connect to the Internet (“Services”). When customers use our Services, we collect only customers’ anonymized, aggregated data to manage network traffic, and do not store that data longer than we need to. This network data is not used to identify a customers’ online activities, monitor the websites they visit, or track the emails they send.
This policy describes the types of information Pilot may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information Pilot collects:
• When using Pilot Services
• In email, text, and other electronic communications between you and Pilot
• Through Pilot's website (the "Website")
It does not apply to information:
• We collect offline, outside of the Website and Services, or via other means
1. Privacy of Minors
Pilot does not intentionally gather Personal Information from visitors who are under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information to the extent reasonably practicable.
2. Types of Data We Collect
“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of this data. “Anonymous Data” means data that is not associated with or linked to your Personally Identifiable Information; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personally Identifiable Information and Anonymous Data, as described below.
Creation of Anonymous Data.
We may create Anonymous Data records from Personally Identifiable Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. Pilot reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
We collect several types of information from and about users of our Website and services in connection with customer accounts, including information:that is about you but individually does not identify you, such as IP address, your router’s MAC address, company name, or account information; and/or about your internet connection, the equipment you use to access our Website and usage details.
Pilot may collect information:
• Directly from you when you provide it to or contact Pilot, via online surveys, forms, or other means;
• Automatically as you navigate through the website. Information collected automatically may include usage details, IP addresses, and information collected through cookies;
• From third parties (for example Google Analytics) to track and analyze data from our website; orFrom our business partners in relation to customer or prospective customer accounts.
3. Use of your Personal Information
Pilot uses information that we collect about you or that you provide to us, including any personal information:
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To facilitate the creation of and secure your Account on our network.
• Identify you as a user in our system.
• Provide improved administration of our Website and Services.Provide the Services you request.Improve the quality of experience when you interact with our Website and Services.
• Send you a e-mails to verify ownership of the e-mail address and provide security or support and maintenance advisories.
• Respond to your inquiries related to employment opportunities or other requests.
• To make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
• To send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Pilot.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
4. Disclosure of Personal Information
We may disclose aggregate and Anonymous Information without restriction.
• To our subsidiaries, joint ventures, or affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pilot’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Pilot about our Website users or customers is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.With your consent.
Pilot may disclose Personal Information if it believes that such disclosure is necessary:
• To comply with any court order, law, legal investigation, or legal process, including to respond to any government or regulatory request, within the narrow scope of that request.
• To enforce or apply our Terms of Service, Service Level Agreement, Acceptable Use Policy and other agreements and policies located at www.pilotfiber.com/legal, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pilot, our employees, our customers, or others.
5. Third Party Websites
6. Your Choices Regarding your Personal Information
We will periodically send you e-mails or SMS messages that directly promote the use of our Site or Services or relate to your use of the Services. When you receive these communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).
Despite your indicated e-mail preferences, we may send you Service related communication.
Changes to Personal Information.
You may change any of your Personal Information in your Account by editing your Account settings or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain such information for fraud prevention or similar purposes. We do not alter our practices in response to “Do Not Track” requests.
7. Security of Your Personally Identifiable Information.
We are committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.
8. Contact Information
Pilot Fiber, Inc. 325 Hudson St., Floor 10, New York, NY 10013email: email@example.com.
Acceptable Use Policy
Our Acceptable Use Policy (“AUP”) outlines what you can and cannot do when using Pilot's services (the “Service(s)”), and what the responsibilities are of individuals who access the Services.
Prohibited Uses of Pilot's Services
Public Servers and Proxies: Unless permitted in writing, you cannot operate a server or program which makes a Service available to the general public. You also cannot use Pilot's services to host servers or programs on behalf of others in exchange for compensation, (ie. running a web hosting company) without Pilot’s prior written consent. Any servers or programs that are to be used solely within your organization are permitted.
Spamming: You cannot send unsolicited bulk and/or commercial messages using our services. In other words, don't spam. If you are sending bulk e-mail of any kind, you must maintain complete and accurate records of both Opt-In and Opt-Out requests. Sending "Opt-Out" only email is strictly prohibited and is considered unsolicited.
Copyright Infringement: You cannot engage in any activity that infringes or misappropriates the intellectual property of others. This includes but is not limited to copyrights, trademarks, service marks, trade secrets, software piracy, and patented content.
Obscene Content: You cannot transmit or distribute any material which violates any applicable law or regulation. Using Pilot's network to advertise, transmit, post, display, or otherwise make available child pornography or obscene material is prohibited. While we will never prohibit any material allowed by law or protected by your First Amendment rights, we are required by law to notify law enforcement agencies when we become aware of the presence of child pornography being transmitted through our network.
Defamatory or Abusive Language: Defamatory or Abusive Language:You cannot use our services as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging Headers or Content: You cannot forge or misrepresent packet or message headers, whether in whole or in part, to mask the originator of the content. In addition, you cannot forge or misrepresent any data with false or misleading content.
Illegal or Unauthorized Access: Hacking is not allowed. You may not access computers, accounts, or networks belonging to any other party illegally or without authorization. We do not permit the utilization of network scanning utilities unless authorized in advance. You are prohibited from attempting to disrupt, degrade, impair, or otherwise violate the integrity of our services or the computers, accounts, or networks of any other party. You may not engage in any activity that could potentially result in the 'blacklisting' of any Pilot IP addresses.
Technology Exploitation: You cannot attempt to exploit any scripts presented on web pages, or perform any activities that disrupt the use of or otherwise interfere with the ability of others to use our services.
Export Control Violations: You are not permitted to export encryption software over the internet, or otherwise in violation of ITAR to points outside of the USA.
Malicious Activities: You cannot send internet viruses, worms, or trojan horses. In addition, the coordination of denial of service attacks, SYN floods, or mail bombs is expressly prohibited. In a broader context, we prohibit any activities that will interfere with or disrupt how other users can use our services. We also prohibit any activities that can be harmful to or interfere with third party networks, equipment, websites, or applications.
No phishing or pharming: Simulating or emulating communications from and/or to a website of a third party for the purpose of collecting identifiable information, authentication credentials, or any other information from a legitimate user is strictly prohibited. Furthermore, using malware or DNS cache poisoning to wrongfully redirect a user to a simulated service is also prohibited.
Any illegal activity: You are not permitted to engage in any activities that are determined to be illegal, including but not limited to: advertising, transmitting, pyramid schemes, credit card fraud, and pirating software.
Your responsibilities as a user:
You are solely responsible for any material that you either access or distribute using our service. You are also solely responsible for maintaining the security and confidentiality of your credentials and network. You agree to immediately notify us of any unauthorized use of your services, breach of security, or should you become aware of any violations to this AUP by any person. Violation of this AUP or applicable laws or regulations may subject you to immediate termination.
Pilot will respond in a quick and efficient manner to process and investigate all notices of alleged infringement and will take appropriate actions in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Upon receipt of notices complying with the DMCA, we will make reasonable efforts to notify subscribers of alleged copyright violations, and when under our control, we will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringement and will remove or disable access to any reference or linkage to the material or activity claimed to be infringing. We will terminate the services of Subscribers whom are repeat infringers.Should you believe that copyrighted work has been illegally copied and is accessible via our services in a way that constitutes copyright infringement, you may notify us by providing us with the information required by Section 512(c)(3) of the DMCA (17 USCA 512). Notices of claimed infringement should be sent to: Legal Department, Pilot Fiber, Inc., 325 Hudson Street, Floor 10, New York NY 10013 or via email to: firstname.lastname@example.org.
Pilot Voice Emergency Services (911) Policy
Use of Pilot Voice services is subject to this Pilot Voice Emergency Services (911) Policy (“Policy”). This Policy is subject to, and made a part of, the Master Services Agreement (“MSA”) and Voice Services Addendum entered into by the Parties. Capitalized terms used but not defined herein have the meaning given them in the MSA or Voice Services Addendum, as the case may be.
Pilot Voice Services, such as Hosted Voice and Digital Voice, provide access to emergency calling services, allowing most Voice Service end-users to access either basic 911 or Enhanced 911 (“E911”) service. Pilot Voice end-users using a registered IP desk phone, Pilot Voice mobile application softphone with active cellular connectivity, or ATA in conjunction with an analog desk phone can dial 911 directly from those devices/endpoints, in accordance with the terms below. 911 CANNOT BE DIALED FROM THE PILOT VOICE WEB-BASED SOFTPHONE.
Emergency calling services through Pilot works 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.
Registering Your Location
You must register the address of the physical location where you will use each registered endpoint with Pilot Voice immediately upon activation of your endpoint. This is your “Registered Address”. For endpoints sharing the same physical location, only one 911 registration is required for those endpoints. You or your Account Administrator will be asked to provide accurate Registered Addresses for all registered endpoints at the time of your Pilot Voice on-boarding . You must use Pilot Voice only at the Registered Address provided for the applicable registered endpoint. IF YOU MOVE A REGISTERED ENDPOINT, YOU MUST IMMEDIATELY UPDATE THE REGISTERED ADDRESS WITH THE NEW PHYSICAL LOCATION OF THE DEVICE WITH PILOT BY CONTACTING OUR SUPPORT TEAMS AT (855) 578-5500, SUPPORT@PILOTFIBER.COM, OR REQUESTING AN UPDATE HERE: https://www.pilotfiber.com/e911. 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 are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained for each registered endpoint, and that its end-users are aware of how the Registered Address can be updated.
Pilot Voice 911 service will not function (i) in the event of an Internet or power outage; (ii) if your Pilot Voice service loses its connection to the Internet; (iii), with respect to only the Pilot Voice mobile application, if you do not have mobile service, as the Pilot Voice mobile application cannot send emergency calls over Wi-Fi access, (iv) when using the Pilot Voice web-based softphone or (v) outside of the continental United States and Canada. It is also 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 Pilot Voice endpoints are registered, or if you are dialing from a phone number that is not a Canadian or United States based number.
USERS UNCOMFORTABLE WITH ANY OF THESE LIMITATIONS SHOULD MAINTAIN AN ALTERNATE MEANS OF REACHING 911, SUCH AS MOBILE TELEPHONE OR TRADITIONAL LANDLINE SERVICE.
How It Works
When you dial 911 using Pilot Voice, the Pilot Voice 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 Pilot Voice telephone number or your Registered Address. You should always be prepared to provide the emergency operator with your Pilot Voice 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. Pilot does not control whether or not the emergency operator receives your telephone number and Registered Address.
In some cases, 911 calls dialed from your Pilot Voice registered 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 Pilot Voice 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.
Pilot Voice Mobile Application
Calls to 911 placed through the Pilot Voice 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 Pilot Voice mobile application cannot place emergency calls over Wi-Fi access. Emergency dialing is not available through the Pilot Voice 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 Pilot Voice users relying on the Pilot Voice 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.
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 Pilot Voice service may be used, of the limitations of Pilot Voice 911 Service. Customer must affix a Pilot-provided sticker to each device used with Pilot Voice, reminding end-users to keep their 911 Registered Address up to date.
Disclaimer of Liability for Emergency Call Response
Your use, and use by your employees, guests and other third parties, of Pilot Voice 911 Services are subject to the limitations described herein. The availability of certain features, such as transmission of a Registered Address or your Pilot Voice telephone number, depends on whether local emergency response centers support those features, and other factors outside of Pilot’s control. Pilot relies on qualified third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. Pilot does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. Pilot 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 any applicable law, you hereby release, discharge, and hold harmless Pilot 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 PILOT, AND ANY THIRD-PARTY PROVIDER(S) FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, OR PENALTIES ARISING OUT OF: (I) CUSTOMER OR ITS END USER’S PROVISION TO PILOT 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 LIMITATIONS SET FORTH IN THIS POLICY; (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.
Pilot Voice Telephone Number Policy
Use of Pilot Voice services is subject to this Pilot Voice Telephone Number Policy (“Policy”). This Policy is subject to, and made a part of, the Master Services Agreement (“MSA”) and Voice Services Addendum entered into by the Parties. Capitalized terms used but not defined herein have the meaning given them in the MSA or Voice Services Addendum.
Customer may obtain new,US-based, 10-digit telephone numbers (also known as DIDs) (“Number(s)”) from Pilot for use with Pilot Voice, or may port existing 10-digit telephone numbers to Pilot Voice, subject to the terms below.
New Telephone Number Availability
Pilot makes new Numbers available for use with voice and fax services, which Customer may select for assignment to the Customer’s Pilot Account (“Account”). Pilot’s listing of a Number as available may be erroneous and does not constitute a representation or guarantee that such Number is actually available for such assignment. In the event a chosen Number is not actually available, Pilot may remove such Number from an Account and supply a different Number.
The porting of phone numbers, which is the transferring of telephone numbers from one telecommunications provider to another, into or out of a Pilot Voice Account requires Customer’s provision of specific and detailed information toPilot and/or other service providers, and Customer must follow all procedures imposed by other service providers or Pilot in order to comply with law an dindustry standards.
Number Port-In: A number port-in is defined as a Customer transferring a telephone number owned or leased by it to Pilot Voice from another telecommunications service provider. In this case, Pilot gathers information from the Customer that it uses to request the telephone number from the Customer’s existing provider.
Number Port-Out: A number port-out is defined as a Customer transferring a telephone number owned or leased by it to another telecommunications service provider from Pilot Voice. In this case, the other provider gathers information from Customer that it uses to request the telephone number from Pilot.
Number Port-In Request Procedures
Customer must keep its requested Number active with its current provider until the confirmation of a successful port in order to port a number from that provider to Pilot. In order to request the porting of aNumber into an Account, the Account Administrator, must make a request to Pilot’s support teams by calling (855) 578-5500, emailing email@example.com, or, during the service registration process, by filling out the initial port-request document provided by Pilot following the placing of a service order and provide all information requested as part of the number port-in request process (which may include without limitation providing an executed Letter of Agency) or as otherwise requested by Pilot. Porting requests are generally processed between the hours of 8:30 am – 5:00 pm EST, Monday-Friday. After-hours porting requests must be approved by Pilot and will be processed the following day, in accordance with industry practice. Some aspects of porting Numbers into a Pilot Voice Account rely on the provider from whom the Number is being requested. Therefore, the completion of any Number port request may depend on factors outside of Pilot’s control, including delays caused by Customer and/or other service providers.
Unauthorized Number Port-Outs
Pilot is required by law to comply with any valid porting request. At times, phone numbers may be ported out accidentally from an Account due to acts or omissions of third parties, and it may be difficult or impossible for Pilot to: (i) prevent such port-outs: (ii) retrieve numbers ported out of an Account; or (iii) port such numbers back into an Account. Pilot has no responsibility or liability due to such accidental, unauthorized port-outs.
Accurate Porting Information
Customer represents and warrants that all information provided in connection with any request to port in or port out numbers to or from Pilot(including without limitation any information or representations in any Letter of Agency) by Customer or any party acting on its behalf or direction will be true, accurate, and up-to-date.
Customer Compliance With Porting Laws
The porting of numbers is subject to telecommunications and other laws and may be subject to third-party terms and conditions. Customer, and/or any party acting on Customer’s behalf, shall not: (i) violate any applicable law or engage in any fraudulent or deceptive conduct in its porting-related requests or activities; (ii) engage in or facilitate “slamming” or the porting out of any telephone or facsimile Number or change or attempt to change any party’s telephony service provider without first obtaining the proper, requisite consents and authorizations; or (iii) violate contractual or other obligations to service providers or other third parties.
Release of Numbers
In the event of Account termination or cancellation, all Numbers associated with the Account which have not previously been ported to another provider may be released. The cancellation of individual Digital Voice lines or Hosted Voice seats may result in the release of the associated numbers if those numbers have not previously been ported to another provider or provisioned with another line or seat on the Account Customer is solely responsible for working with its new third-party provider to port out any numbers prior to termination or cancellation of Customer’s Account or Services, or any individual line or seat.
Number Publication by Customer
All new or ported Number assignments are provisional until verified by Pilot and confirmed by Customer. Customer shall not publicize, list, or communicate any Number that is assigned to the Account, or purchase or invest in any materials or media reflecting any such Number unless and until Customer has confirmed that such Number is active and functioning as desired. Acceptable methods of confirmation include test calling such Number from a non-Pilot service plan and verifying that the fees and charges that will be incurred in connection with use of such Number are acceptable to Customer.