911 DEFINITIONS AND SERVICE REQUIREMENTS

Also found under Section 3 of the Terms & Conditions
August 2007

1. "911 Services" means functionality that allows End-users to contact emergency services, including, without limitation, police, fire and hospital medical services. In areas served by selective routers, 911 Services may include Enhanced 911 ("E-911") Service, in which emergency calls to the appropriate public safety answering point ("PSAP") serving the End-User address and DID/DOD information. 911 Service may not be immediately available in all Markets.


2. "DID/DOD" means an access line associated with a particular telephone number that allows for inbound and outbound voice calls (sometimes referred to as a Direct Inward Dial and Direct Outward Dial number) that is assigned by Provider or that Provider ports for the provision of Service.


3. "Emergency Call Relay Center" (ECRC) means Provider or its agents inbound call center, staffed 24 hours per day, 7 days per week, and 365 days per year for emergency call handling support.


4. "Emergency Call" means a 911 call placed by a Voice over Internet Protocol ("VoIP") End-User to Carrier's Internet Protocol ("IP") services.


5. "Master Street Address Guide" (MSAG) means a database of street names and house number ranges within their associated communities and Emergency Services Numbers ("ESN") to enable the proper routing of 911 calls.


6. "Native 911 Solution" means a solution for VoIP calls includes both "native call routing," where a public switched telephone network ("PSTN") selective router identifies all 911 calls and routes to the trunk group serving the appropriate PSAP for that NPA/NXX, and delivery of ALI to the PSAP call taker. A native 911 solution is currently not available in the U.S. for VoIP calls.


1. Provider shall provide 911 Services to End-Users as part of the service.


2. End-User acknowledges and agrees that 911 Services shall only be available in the Rate Center associated with the particular DID/DOD assigned. End-User further acknowledges and agrees that 911 Services will not be available, and Provider shall have no liability to End-User, or any third party for failure to provide 911 Services, in the event that (i) a DID/DOD is assigned to an End-User located outside of the Rate Center associated with such DID/DOD; (ii) the telephone device to which a DID/DOD has been assigned is moved outside of the Rate Center associated with such DID/DOD; (iii) outage, degradation or other disruption of power at the End-User location; (iv) outage, degradation or other disruption of the End-User broadband Internet connection; (v) End-User's failure or delay in maintaining and updating or notifying Provider of change in End-User information as required.


3. Additional Limitations.


1. The Provider-provisioned 911 service routes VoIP V911 calls via native 911 solution where Provider's backbone has access to the E911 service infrastructure.


2. For regions where the Services provides a native 911 solution, the following limitations apply:


1. In the event of an address geo-coding or MSAG validation failure, the error records can not be processed in real-time; commercially reasonable efforts will be made to resolve the records in error. There may be instances that will prevent the correction of errors, causing delays in provisioning the End-User's data into the provisioning systems. Addresses in error that can not be resolved will be returned to the End-User for correction.


2. The Services is predicated on using primary line PSAP boundaries for routing Services emergency calls to the appropriate PSAP. The primary wire line boundary information is collected and is entered into a database for real-time queries for PSAP boundary lookup. End-User acknowledges that primary wire line PSAP boundary data may not be available for the entire United States and that this 911 service is dependent on the PSAPs to provide such information resulting in the use of wireless PSAP boundary data to route a VoIP emergency call.


3. For regions where Services provides a non-native 911 solution, the following limitations apply:


1. The Services uses wireless PSAP boundaries when a primary wire line PSAP boundary is not available. Therefore, the 24x7 PSAP DN provided when a VoIP End-User places an emergency call may correspond to a PSAP other than the PSAP that would normally receive wire line emergency calls placed from the End-User's location.


2. End-User physical service address and call back number will not be presented to the PSAP.


3. In the event caller cannot speak, End-User acknowledges that no information will be provided to the PSAP to contact the Provider to obtain information that could allow them to dispatch emergency services to caller's location. Each PSAP's internal processes will dictate how the call should be handled.


4. For emergency call routing using the ECRC (i) in the event caller cannot speak or identify their address, (ii) connectivity between the VoIP End-User address database the ECRC is interrupted, (iii) Provider's Network Operation Center (NOC) cannot provide the End-User's location information, End-User acknowledges that Provider or Provider's backbone service has no further ability to assist the caller and End-User agrees to indemnify and hold harmless Provider from all third party claims arising from such circumstances. End-User will be charged a $250.00 fee per incident in the event End-User does not update address information and a call is routed to the ECRC.


4. Outages due to electrical, internet or other general failures. End-user acknowledges that the services, including limited 911, will not function in the absence of electrical power, access to the internet or other general failures associated with the voip network. End-user acknowledges that the services will not function if there is an interruption of end-users broadband or high-speed internet access service.


5. Non-voice systems. End-user acknowledges that the services are not set up to function with out-dialing systems including home security systems, medical monitoring equipment, satellite television systems and some facsimile systems. By consenting to these terms and conditions end-user waives any claim against provider for interruption or disruption of such systems by the services.


6. Limitation of liability for 911 calling. End-user agrees to hold harmless provider and its vendors for any and all losses, damages or other injuries (including personal injury or death) incurred by end-user or their guests as a result of such 911 service limitations.