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EMERGENCY 911 SERVICES

PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY USING AND PAYING FOR THE SERVICES, CUSTOMER ACKNOWLEDGES AND AGREES TO ALL OF THE INFORMATION BELOW REGARDING THE TELCO EXPERTS VOICE 911 EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR ENHANCED 911 (“e911”) CALLS.

CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT TELCO EXPERTS OFFERS A 911 EMERGENCY SERVICE AS DESCRIBED HEREIN AND THAT SUCH 911 DIALING IS DIFFERENT IN A NUMBER OF IMPORTANT WAYS (SOME, BUT NOT NECESSARILY ALL, OF WHICH ARE DESCRIBED IN THIS AGREEMENT) FROM TRADITIONAL 911 SERVICE, AND THAT TELCO EXPERTS HAS TOLD YOU THAT THE TELCO EXPERTS SERVICE DOES NOT SUPPORT TRADITIONAL 911 OR E911. TELCO EXPERTS 911 DIALING CANNOT BE USED IN CONJUNCTION WITH A SOFT PHONE APPLICATION AND IS ONLY AVAILABLE ON TELCO EXPERTS PROVIDED DEVICES OR EQUIPMENT. YOU AGREE TO INFORM ANY HOUSEHOLD RESIDENTS, GUESTS AND OTHER THIRD PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE NON-AVAILABILITY OF TRADITIONAL 911 OR E911 DIALING FROM YOUR TELCO EXPERTS SERVICE AND DEVICE(S) AND TO INFORM THEM OF THE IMPORTANT DIFFERENCES AND LIMITATIONS OF TELCO EXPERTS 911 DIALING SERVICE AS COMPARED WITH TRADITIONAL 911 OR E911 DIALING THAT ARE SET FORTH IN THIS AGREEMENT.

911-Type Dialing Capabilities With Telco Experts VOIP Service

WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING TELCO EXPERTS VOIP, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER MAY BE LOCATED AT A PUBLIC SAFETY ANSWERING POINT (“PSAP”) DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE OR OTHER BACK-UP EMERGENCY ANSWERING SERVICES. TELCO EXPERTS RELIES ON THIRD PARTIES FOR THE FORWARDING OF INFORMATION UNDERLYING SUCH ROUTING, AND ACCORDINGLY TELCO EXPERTS AND ITS THIRD PARTY PROVIDER(S) DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH INFORMATION OR ROUTING IS INCORRECT. IN ADDITION, TELCO EXPERTS 911 SERVICE HAS FEWER CAPABILITIES THAN TRADITIONAL 911 OR E911 SERVICE. IN PARTICULAR, TELCO EXPERTS 911 EMERGENCY DIALING IS ONLY AVAILABLE AT THE PHYSICAL STREET ADDRESS REGISTERED WITH TELCO EXPERTS FOR THE PARTICULAR AREA CODE AND PHONE NUMBER.

Customer acknowledges and agrees that 911-type Services shall only be available at the physical street address associated with the particular area code and phone number assigned to Customer. Customer further acknowledges and agrees that 911-type Services will not be available to a particular customer and neither Telco Experts nor its underlying service providers shall have any liability to Customer or any third party for failure to provide 911 Services to Customer in the event of the assignment of a area code and phone number to you located outside of the exchange area associated with your physical street address or relocation of any Telco Experts Equipment to which an area code and phone number has been assigned to a location other than Customer’s physical street address as registered with Telco Experts.

Failure To Designate The Correct Physical Street Address.

IF CUSTOMER DOES NOT CORRECTLY IDENTIFY THE ACTUAL CURRENT AND CORRECT PHYSICAL STREET ADDRESS LOCATION WHERE ITS TELCO EXPERTS EQUIPMENT WILL BE LOCATED AT THE TIME CUSTOMER REGISTERS FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. When activating the Service Customer must provide the actual physical street address where the Telco Experts Equipment will be located, not a post office box, mail drop or similar address. Customer acknowledges and understands that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your Telco Experts Equipment to a different street address. Any change of the device’s physical address must be coordinated with Telco Experts for the service and 911 to work properly.

Automated Number & Location Identification

THE PSAP RECEIVING TELCO EXPERTS VOICE 911 EMERGENCY SERVICE CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. Telco Experts’ system is configured in most instances to send the automated number identification information and to transmit identification of the address that you have registered with Telco Experts to the PSAP and local emergency personnel for Customer’s area when Customer dials 911; however, one or more telephone companies, not Telco Experts, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so. Customer acknowledges and understands that PSAP and emergency personnel may or may not be able to identify Customer’s phone number and location in order to call Customer back if the call is unable to be completed, is dropped or disconnected, or if Customer is unable to speak to tell them Customer’s phone number and location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

Power Failure, Outages Or Disruptions Of Service.

CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT TELCO EXPERTS VOICE 911 SERVICE WILL NOT FUNCTION IF TELCO EXPERTS EQUIPMENT FAILS OR IS NOT CONFIGURED CORRECTLY OR IF YOUR SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, A POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION INCLUDING SUSPENSION OR TERMINATION OF SERVICE BY CUSTOMER’S BROADBAND PROVIDER AND/OR ISP OR BY TELCO EXPERTS FOR ANY REASON INCLUDING BILLING ISSUES OR FOR OTHER REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT. IF THERE IS A POWER OUTAGE THE SERVICE AND 911 DIALING WILL NOT FUNCTION UNTIL POWER IS RESTORED AND CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE TELCO EXPERTS EQUIPMENT PRIOR TO BEING ABLE TO USE THE SERVICE, INCLUDING FOR 911 PURPOSES.

Possibility Of Network Congestion And Reduced Speed For Routing Or Answering 911.

CUSTOMER ACKNOWLEDGES AND AGREES THAT FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WHEN USING VOIP THERE IS A GREATER POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL 911 CALLS OVER TRADITIONAL PUBLIC TELEPHONE NETWORKS. Customer acknowledges and agrees that Telco Experts relies on third parties for the forwarding of information underlying such routing, and accordingly Telco Experts and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect.

Limitation of Liability and Indemnification.

AS DESCRIBED HEREIN, 911-TYPE DIALING USING THE SERVICE (OR ANY VOIP SERVICE) CURRENTLY IS NOT THE SAME AS TRADITIONAL 911 OR E911 DIALING, AND AT THIS TIME, DOES NOT NECESSARILY INCLUDE ALL OF THE CAPABILITIES OF TRADITIONAL 911 DIALING. CUSTOMER ACKNOWLEDGES AND AGREES TO SUCH LIMITATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER RELEASES ANY CLAIM IT MIGHT OTHERWISE HAVE AGAINST TELCO EXPERTS AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OF ITS UNDERLYING PROVIDERS, SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDERS WHO FURNISH SERVICES TO CUSTOMER OR TELCO EXPERTS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE (COLLECTIVELY, “RELEASEES”), ARISING OUT OF THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 DIALING AND/OR INABILITY OF CUSTOMER OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL AND/OR MISROUTES OF 911 CALLS, INCLUDING BUT NOT LIMITED TO MISROUTES RESULTING FROM YOUR PROVIDING TELCO EXPERTS INCORRECT ADDRESS INFORMATION IN CONNECTION THEREWITH (COLLECTIVELY, A “911 ISSUE”). CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH TELCO EXPERTS RELEASEE FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES, COLLECTIVELY, A “911 LOSS”) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PERSON OR PARTY OR USER OF THE SERVICE RELATING TO A 911 ISSUE. CUSTOMER COVENANTS NOT TO ASSERT ANY CLAIM RELATED TO A 911 LOSS AGAINST ANY RELEASEE..