911 Limitations

This notice contains important provisions regarding 9-1-1 service from your VoIP phone.

Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional

9-1-1 EMERGENCY SERVICES.

9-1-1 service:

Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently from traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your VoIP phone as described below.

Placing 9-1-1 calls:

When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record provided by FGL Telecom VoIP service customer for the VoIP service (“Your VoIP Telephone Provider”). However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing. For example, your call may be forwarded to a third-party specialized call center that handles emergency calls. This call center is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call center.

How your information is provided:

The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number provided by your VoIP Telephone Provider for your telephone number. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Failure to keep information current will result in a Customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that Customers are at the last registered address.

Correctness of information:

You are responsible for informing your VoIP Telephone Provider of any changes to your contact information (including name, address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

Upon moving to a new address, or change of use of your IP Phone service, the Customer must immediately notify and advise FGL Telecom by email or by telephone with the most current location information. Failure to advise FGL Telecom of any changes will adversely affect the ability to access 9-1-1 Service. You may also update your most likely physical address online through the FGL Telecom Portal.

9-1-1 NOTE FOR AUTO ATTENDANT CLIENTS:

For Auto Attendant customers with their associated extensions, please note that only the main company number and the main company service address will be on file for 9-1-1, regardless of where the associated extension is located.

Disconnections:

You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

Connection time:

For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls. 9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to: Failure of service or your service access device: If your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage, and changing locations (for instance, if you move your system access equipment to a location other than that described in your account information or otherwise on record with Your VoIP Telephone Provider), you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls.

Alternate services:

If you are not comfortable with the limitations of 9-1-1 emergency calls, ask Your VoIP Telephone Provider to provide you with an alternate means for accessing traditional 9-1-1 emergency services.

Inform other users:

You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP telephone of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

Liability:

You are advised to review this section with respect to FGL Telecom’s limitations of liability.

Conveying Limitations to other household residents and guests:

You should inform any household residents, guests and other persons who may be present at the physical location where you utilize FGL Telecom service, of the important differences in and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 service, as set out above.

Disclaimer of Liability and Indemnification:

We do not have any control over whether, or the manner in which, calls using our 9-1-1 emergency service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 9-1-1 emergency calls to local emergency response centers and to a national emergency calling center. We 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 FGL Telecom nor its officers, directors, employees, affiliates or agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 9-1-1 emergency service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless FGL Telecom, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1 emergency service, incorrectly routed 9-1-1 emergency calls, and/or the inability of any user of the Service to be able to use 9-1-1 or access emergency service personnel.

THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS FGL TELECOM VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST FGL TELECOM, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO FGL TELECOM IP PHONE 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.