E911 AND SERVICE REQUIREMENTS

END USER ACKNOWLEDGES THAT THE SERVICE AND E911 WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.

END USER ACKNOWLEDGES THAT THE SERVICE AND E911 WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.

END USER ACKNOWLEDGES THAT THE SERVICE IS NOT INTENDED TO FUNCTION WITH HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, SOME FAX MACHINES, AND SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST ADERA FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEM BY THE SERVICE.

END USERS WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT WITH ADERA AND MUST SELECT TELEPHONE NUMBER(S) LOCAL TO THE CALLING AREA WHERE THE EQUIPMENT IS REGISTERED AND THE E911 SERVICE IS TO BE PROVIDED.

END USERS WILL BE SUBJECT TO A MONTHLY E911 SERVICE CHARGE. THE MONTHLY E911 SERVICE FEE SHALL BE IN ADDITION TO THE APPLICABLE RESIDENTIAL PLAN CHARGE FOR THE ASSOCIATED LINE. THE MONTHLY CHARGE FOR E911 SERVICE IS ASSESSED ON A "PER-LINE" (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A LEVEL THAT REIMBURSES ADERA FOR THE DIRECT COSTS ASSOCIATED WITH PROVIDING E911 SERVICE, INCLUDING, EITHER DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGE, E911 AUTOMATIC LOCATION INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE AND CALLER ID (LIDB/CNAM) EXPENSE, AND ANY OTHER TAXES OR SURCHARGE DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE PROVISION OF E911 SERVICE TO END USER. ADERA RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGE ASSOCIATED WITH THE PROVISION OF E911 SERVICE TO REFLECT INCREASES IN THE COSTS IT INCURS. (SEE SECTION 11 REGARDING CHANGE TO THE AGREEMENT, SERVICE OR PLAN).

WHEN AN END USER DIALS 9-1-1 WITH E911 SERVICE, ADERA WILL UTILIZE THE LOCATION INFORMATION PROVIDED BY END USER AT THE TIME OF ACTIVATION OF THE SERVICE. END USER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY ADERA WILL BE BASED UPON THE PHYSICAL LOCATION ON FILE WITH ADERA.

END USER ALSO ACKNOWLEDGES THAT E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE. THE E CHARACTERISTIC MAY MAKE ADERA'S E911 SERVICE UNSUITABLE FOR SOME END USER BECAUSE END USER CIRCUMSTANCES VARY WIDELY. END USERS SHOULD CAREFULLY EVALUATE THEIR OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY UPON ADERA'S E911 SERVICE FOR EMERGENCY REPSONSE. END USER ACKNOWLEDGES THAT IT IS END USER'S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET END USER'S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISION FOR ACCESS TO EMERGENCY CALLING SERVICE (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS).

THE FOLLOWING CHARACTERISTIC DISTINGUISH E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:

ADERA'S E911 SERVICE WILL NOT FUNCTION IF END USER'S PHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF END USER'S SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF THE SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, END USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE SERVICE, INCLUDING FOR E911 PURPOSES.

AFTER INITIAL ACTIVATION OF THE SERVICE, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO E911 CALL APPROXIMATELY SEVEN (7) DAYS AFTER THE SERVICE IS ACTIVATED, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE.

THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING A E911 EMERGENCY SERVICE CALL MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICE OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION, THERE IS A POSSIBILITY THAT AN E911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIME AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, LEGACY, CIRCUIT-SWITCHED TELEPHONE NETWORK.

IF END USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE ADERA EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, E911 COMMUNICATION MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.

END USER ACKNOWLEDGES AND UNDERSTANDS THAT ADERA WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING THE SERVICE OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ADERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, VENDORS AND AGENTS AND ANY OTHER SERVICE PROVIDER WHOM FURNISHES SERVICE TO END USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.