Updated October 22, 2009

HAMILTON RELAY, INC.
TERMS & CONDITIONS
FOR USE OF INTERNET-BASED
RELAY SERVICES

NOTE: USE OF ANY INTERNET-BASED RELAY SERVICES OFFERED BY HAMILTON CONSTITUTES:
(a) ACCEPTANCE OF THESE TERMS AND CONDITIONS, INCLUDING THE COMPANY'S PRIVACY POLICY; AND (b) A REPRESENTATION THAT YOU OR THE PERSON YOU ARE CALLING IS EITHER HARD OF HEARING OR DEAF, OR OTHERWISE HAS A PHYSICAL CONDITION NECESSITATING THE USE OF A RELAY SERVICE.

911 CALLS — INTERNET-BASED RELAY EMERGENCY CALLS ARE NOT THE SAME AS TRADITIONAL TELEPHONE OR TTY EMERGENCY CALLS. IN AN EMERGENCY, HAMILTON RECOMMENDS THAT YOU USE A TELEPHONE OR TTY IF POSSIBLE TO MAKE AN EMERGENCY CALL IN ORDER TO CONNECT YOU DIRECTLY WITH EMERGENCY OFFICIALS. WITH AN INTERNET-BASED EMERGENCY CALL, HAMILTON MAY NOT AUTOMATICALLY BE ABLE TO OBTAIN YOUR LOCATION INFORMATION OR ROUTE YOUR CALL TO APPROPRIATE EMERGENCY PERSONNEL IF:

(I) YOU HAVE NOT PROVIDED HAMILTON AN UP-TO-DATE REGISTERED LOCATION;

(II) YOU HAVE NOT CHOSEN HAMILTON AS YOUR DEFAULT PROVIDER; OR

(III) YOUR REGISTERED LOCATION IS NOT SERVED BY THE WIRELINE E911 NETWORK OR IS NOT AVAILABLE TO HAMILTON.

Hamilton is required to transmit 911 emergency calls for internet-based relay services in accordance with federal law. As part of this requirement, and in order to transmit important information to emergency service providers, Hamilton may request your name and number at the beginning of an emergency call or, if we have your registered location information, will transmit such information, making it critical that you update registered location information as necessary.

Visit WWW.HAMILTONCAPTEL.COM and select YOUR state from the drop down menu for 911 dialing via Web CapTel FAQs.

Disclaimer of 911 Liability.

As a common carrier and emergency communications service provider for purposes of the Federal NET 911 Act, Hamilton asserts immunity and other protection from liability under both state and federal law in connection with its provision of 911 dialing service as part of any Internet-based Service. In addition, Hamilton disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Hamilton does not have any control over any local emergency response center or the national emergency calling center. Therefore, Hamilton is not responsible for whether those centers answer calls made using Hamilton's 911 dialing service, how they answer such calls, or how they handle them. Hamilton relies on third parties to assist in routing 911 dialing calls to local emergency response centers and/or, to the extent permissible under federal law, to a national emergency calling center. Hamilton cannot ensure that your local emergency service provider is capable of handling 911 calls from Internet-based relay service users. Accordingly, Hamilton is neither liable nor responsible if the data used by a third party to route such calls is incorrect or produces an erroneous result. Neither Hamilton nor its officers, directors, shareholders, employees, agents or subcontractors may be held liable for any claim, damage, loss, fine, penalty, cost, and/or expense (including, without limitation, any and all attorneys' fees) by, or on behalf of, any Hamilton customer or any third party or user of Hamilton's Service, relating to or arising out of Hamilton's Service, including, without limitation, 911 dialing, or any device used in connection with Hamilton's Service.

1. Definitions

"Hamilton" means Hamilton Relay, Inc. or any related company or affiliate, and their respective employees, subcontractors and suppliers. "Service" or "Services" means any Internet-based relay service Hamilton may offer, including without limitation, Hamilton Internet Relay Service ("Hamilton Instant Relay" or "Hamilton Internet Relay"), and Hamilton Web CapTel Service ("Hamilton Web CapTel"). "TRS" means telecommunications relay service. "You," "your," "User" or "Users" refers to individuals using any of the above Services. "911 calls" or "911 dialing" means emergency calls to local or national emergency call centers, either directly or through a relay service provider, and includes Hamilton's transmission of available phone number and location address information to those entities, whether obtained from the User directly or from the User's registered location information. "FCC" means Federal Communications Commission.

2. Description of Services

Hamilton Internet Relay allows the User to place a telephone call to the communication assistant ("CA") by use of the Internet to a standard phone user. Hamilton Internet Relay also allows standard phone users to initiate calls. Hamilton Web CapTel allows the User to place or receive telephone calls to a captioned telephone service, by use of the Internet, to/from a standard phone user. Hamilton Web CapTel makes use of speech to text recognition to provide captions of a call to the User while allowing the User to hear what they can and speak their portion of the call directly to the standard phone user. Users are able to place domestic local, regional, long-distance and emergency 911 TRS calls to anywhere in the United States. International and 900 calls are not currently permitted.

3. Technical Requirements

  1. Requirements for using Hamilton Internet Relay are:
    • Operating system – Windows XP
    • Browser – Internet Explorer versions 5.5 or greater
    • Netscape Communicator 4.7 or greater
  2. Requirements for using Google, MSN or AIM:
    • Users must comply with the technical requirements set by Google, MSN or AIM.
  3. Requirements for using WebCapTel are:
    • Supported Browsers – Internet Explorer 6 & 7, Firefox 2, Safari
    • Browser Must Have JavaScript, Cookies, and Native XMLhttp Support Enabled
    • Internet connection – Broadband

If User utilizes a different browser or requires other technical support, Hamilton provides limited support at 800-618-4781 for Hamilton Internet Relay and at 877-455-4227 for Web CapTel. Hamilton is under no obligation to provide technical support for the use of the Services.

4. Trademarks

Hamilton Relay, Hamilton Internet Relay, That's What I'm Talking About, Web CapTel, CapTel and the other trademarks, logos and service marks used in this site ("Trademarks") are the property of Hamilton, or their respective owners. Nothing contained in the site should be construed as granting by implication or otherwise a license or right to use the Trademarks without the written permission of Hamilton or the owner thereof. Web CapTel® and CapTel® are registered trademarks of Ultratec, Inc.

5. Availability

Services are intended to be available 24 hours a day, 7 days a week. However, technical or other situations affecting the Services may arise, which could result in the Services being temporarily unavailable. Services may also not be available at times due to interruptions or technical problems with the User's Internet Service Provider or the User's Instant Messaging Service Provider for other reasons outside the control of Hamilton.

6. Types of Calls Allowed and Instructions for Use

The Services permit the User to place certain calls subject to the following additional limitations:

LIMITATIONS OF EMERGENCY CALLS.
The Services handle 911 calling differently than traditional telephone services. The fastest way to call 911 is directly from your TTY; in contrast, the Services do not provide a direct link. Federal law requires that you ensure that your registered location information is updated, or that you provide your location information to us at the beginning of the call, in order to transmit your physical location to an emergency center. (You may also use your telephone or TTY to call 911 directly.)

All calls must terminate to a number within the United States. Please visit www.hamiltoncaptel.com and select YOUR state from the drop down menu for information regarding 911 dialing via Web CapTel.

Registered Users and 10-Digit Numbering

Under federal law, users of Internet-based relay services (other than Web CapTel) must register with a default provider by November 12, 2009. If you do not select a default provider by November 12, 2009, Hamilton will no longer be able to complete non-emergency Internet-based relay calls for you without first registering you.

Hamilton participates as a default provider and will distribute one or more locally-based 10-digit telephone numbers to Users upon request. When you receive a 10-digit number, Hamilton will route and deliver all inbound and outbound calls to that number unless you choose to place a call with, or receive a call from, another relay provider. Hamilton does not pass through numbering-related costs to its Users at this time.

You may obtain a 10-digit number from and register with the default provider of your choice, notwithstanding any prior relationship you may have had with another provider. You may change your default provider at any time and still keep your 10-digit number, by porting your number to a new default provider (see "Number Portability" below). Even though you must select a default provider, you may make calls through and receive calls from any provider, and you are not limited to making or receiving calls through your default provider. Hamilton does not currently distribute end-user equipment; however, you should be aware that no provider may condition your continued use or possession of equipment (or the receipt or upgrade of different equipment) on your selection of that provider as your default provider.

By accepting a 10-digit number from Hamilton, you are affirming that you are eligible to use the Services and that you agree to comply with the terms and conditions herein and with all applicable federal requirements. You also agree to provide Hamilton with a record of affirmative acknowledgement of having received and understood these terms and conditions. Please note that in some instances long distance charges may apply to persons making calls to the User's 10-digit number. Hamilton is not responsible for such charges.

You may submit, update and confirm receipt of registered location information by visiting Hamilton's website at www.hamiltonrelay.com and selecting "Update My Account". IT IS IMPORTANT FOR USERS OF THE SERVICE TO MAINTAIN ACCURATE, UP-TO-DATE REGISTERED LOCATION INFORMATION WITH HAMILTON, SO THAT EMERGENCY CALLS CAN BE PROCESSED QUICKLY AND ACCURATELY. Hamilton is required by federal law to verify the accuracy of the registered location information submitted by Users, including the User's name and mailing address, and reserves the right to reassign or reclaim a 10-digit number under Hamilton's verification procedures as necessary.

In addition, Hamilton is required by federal law to verify whether a caller who places a call via the Services is registered with another provider in order to distinguish a new user from an existing user who is dialing around the default provider with which he or she is registered. To comply with this requirement, Hamilton must request a user's 10-digit number from the relay Numbering Directory, and by using the Services you are authorizing Hamilton to access your number in this manner.

Number Portability

Internet-based relay services are competitively based services, and Users are permitted under federal law to "port" (move) to a different Internet-based relay provider at any time, while keeping their 10-digit number. If you have already obtained a 10-digit telephone number from a VRS or IP Relay provider other than Hamilton, but would like to select Hamilton as your default provider, you may port that number to Hamilton. To do so, please contact Hamilton at 1-877-445-4563 V/TTY or visit www.hamiltonrelay.com and select "Register Today". You may also port your 10-digit number to a default provider other than Hamilton by contacting that provider.

The FCC has issued a Consumer Advisory regarding "New Ten-Digit Numbering and Emergency Call Handling Procedures for Internet-Based Telecommunications Relay Services," which is available at http://www.fcc.gov/cgb/consumerfacts/trstendigit.html.

Please see Hometown Number FAQs for further details about porting your number.

7. Confidentiality/Privacy

Calls made using the Services are confidential. All CAs will abide by the law and regulations applicable to TRS. When calling 911, your available location and phone number information will be transmitted to local emergency service providers. Such information may also be provided to law enforcement and other public safety officials in order to assist them with respect to your call for emergency services. The full text of Hamilton's privacy is available at the following link: View View Privacy Policy

8. Security

Hamilton has and will continue to implement security features and strict policy guidelines to safeguard the privacy of any User-identifiable information from any unauthorized access or improper use. However, Hamilton is not liable for any security breaches caused by the User's or other third party's violations of federal or state law. Moreover, Hamilton cannot guarantee the confidentiality of any communication or material transmitted to/from Hamilton via its website or via email. Hamilton is thus not responsible for the security of such information.

9. Fraudulent Use; Recording Calls

Users will not use the Services for any unlawful, abusive, or fraudulent purposes. Subject to applicable federal rules, if Hamilton has reason to believe that a User is abusing a Service or using a Service fraudulently or unlawfully, Hamilton retains the right to immediately suspend, restrict, or cancel the Service without advance notice, including withdrawal of any rights of any User to the numbers assigned to such User. Users shall not record calls made using the Services, and to the extent User does make and retains recordings of calls made using the Services, User shall indemnify Hamilton as set forth in Section 10 below.

10. Indemnification

Hamilton is not responsible to any and all claims against Hamilton that arise from the use of the Services. The User agrees to indemnify and hold Hamilton harmless from and against all costs and expenses related to any such claims, including attorneys' fees. This provision of the Terms and Conditions shall be applicable during use of the Services and following such use.

11. Limitation of Liability

As a common carrier and/or emergency communications service provider for purposes of the Federal NET 911 Act, Hamilton asserts immunity and other protection from liability under both state and federal law. Hamilton shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to, the actions or omissions of Hamilton's licensees, acts of God, fire, floods or other catastrophes, national emergencies, wars, terrorist acts, strikes or other labor difficulties or preemption of existing Services to comply with any law, order or regulation of any governing authority.

HAMILTON SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY FEES RESULTING FROM USER'S USE OF THE SERVICES OR THE FAILURE OF OR INABILITY OF THE USER TO USE THE SERVICES.

12. No Warranties

HAMILTON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES ARE MADE AVAILABLE ON AN "AS-IS" AND AS AVAILABLE BASIS. Hamilton makes no warranties regarding the Services and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose. Hamilton does not authorize anyone to make a warranty on its behalf, and the User may not rely on any statement of warranty as a warranty to the User by Hamilton.

13. Miscellaneous

No Third Party Rights
This agreement does not provide any third party with a remedy, claim or right of reimbursement.

Assignment
Hamilton may assign all or part of its rights or duties in connection with the Services without any notification to Users. If Hamilton makes such an assignment, Hamilton shall have no further obligations to Users.

14. Notices/Miscellaneous

Notices from the User to Hamilton, must be transmitted by certified United States mail directed to:

Hamilton Relay, Inc.
1006 Twelfth Street
Aurora, NE 68818
Attn: President

Notices from Hamilton to the User may be made by posting a notice on Hamilton's web site, by published advertisement, postcard, letter, revisions to these Terms and Conditions or an e-mail.

  1. Severability — If any part of these Terms and Conditions are found invalid, the remainder shall remain valid and enforceable.
  2. Governing Law — These Terms and Conditions and provision of the Services shall be governed by laws of the State of Nebraska. The exclusive location for jurisdiction and venue of any litigation or other proceeding arising in connection with these Terms and Conditions or the Services shall be in federal or state court located in Lancaster County, Nebraska.
  3. Entire Agreement — These Terms and Conditions constitute the entire agreement between the User and Hamilton regarding the Services, and supersede all prior agreements, understandings, statements or proposals and representations, whether written or oral. These Terms and Conditions may only be amended as stated below. No written or oral statement, advertisements, or service description not expressly contained herein shall contradict, explain or supplement these Terms and Conditions.
  4. Changes to Terms and Conditions — These Terms and Conditions may be updated by Hamilton from time to time and without notice to comply with changes in practice and/or as required by law. You should review these Terms and Conditions periodically for any changes — a change in the Effective Date at the top of this web page will indicate that changes to the Terms and Conditions have been made. Your continued use of the Services following the posting of any changes to these Terms and Conditions means that you agree to be bound by the terms of these Terms and Conditions.