E911 Terms of Service

1. Definitions

"911 Services" means functionality that allows end users to contact emergency services by dialing the digits 911.

"Enhanced 911 Service" or "E911" means the ability to route an emergency call to the designated Public Safety Answering Point ("PSAP") serving the Customer's registered address and to deliver the user's telephone number and registered address information automatically to the emergency operator answering the call.

"Basic 911 Service" means the ability to route an emergency call to the designated PSAP serving the Customer's registered address. With Basic 911, the emergency operator will not have automatic access to the caller's telephone number or address information unless verbally provided.

"Registered Address" means the valid physical street address that Customer has provided and registered with IPComms for each telephone number (DID) used with the Service.

"Unregistered DID" means any telephone number assigned to Customer's account that does not have a valid Registered Address on file with IPComms.

"Emergency Call Center" or "ECC" means a national emergency call center that receives and processes 911 calls that cannot be automatically routed to the appropriate PSAP due to missing, incomplete, or invalid location information.

2. Customer E911 Registration Obligations

2.1 Mandatory E911 Registration

Customer is solely responsible for registering a valid E911 address for each telephone number (DID) assigned to Customer's account. Customer must provide accurate location information for each DID prior to using such DID for outbound calling. IPComms provides Customer with access to an E911 registration portal and/or API to register and manage E911 addresses.

2.2 Address Validation

Customer must ensure that all E911 addresses are validated against the Master Street Address Guide (MSAG) database. Addresses that fail MSAG validation may not be properly routed to the correct PSAP. Customer is responsible for correcting any address validation errors.

2.3 Address Updates

Customer must update E911 address information whenever the physical location associated with a DID changes. Address updates may take up to 48 hours to propagate to all PSAP systems. Customer understands that during this propagation period, 911 calls may be routed based on previously registered address information.

2.4 Multi-Line Telephone System (MLTS) Compliance

If Customer operates a Multi-Line Telephone System, Customer is solely responsible for compliance with Kari's Law and RAY BAUM's Act Section 506, including but not limited to:

• Enabling direct 911 dialing without requiring a prefix or access code
• Providing dispatchable location information including building, floor, and room/suite details
• Configuring on-site notifications when 911 calls are placed

3. Unregistered 911 Calls and Associated Fees

3.1 Handling of Unregistered 911 Calls

If a 911 call is placed from an Unregistered DID (a telephone number without a valid E911 address on file), IPComms will route the call to an Emergency Call Center (ECC). ECC personnel will attempt to obtain location information from the caller and manually route the call to the appropriate PSAP. This process may significantly delay emergency response times.

3.2 Unregistered 911 Fee

This fee is a pass-through charge from IPComms' upstream carrier to cover the costs of ECC handling and manual call routing. Customer agrees to pay this fee within thirty (30) days of invoice.

3.3 Customer Acknowledgment

Customer acknowledges that:

• The Unregistered 911 Fee is not a penalty but a legitimate cost recovery charge
• Customer has the ability and obligation to register E911 addresses for all DIDs
• IPComms provides tools to facilitate E911 registration
• Customer's failure to register E911 addresses creates risk to public safety and liability for Customer

4. E911 Service Limitations and Disclaimers

Customer acknowledges and agrees to inform all employees, guests, and other persons who may use IPComms' VoIP calling services of the following limitations:

4.1 VoIP 911 Differs from Traditional 911

IPComms' VoIP calling services are Internet-based, and the 911 calling capabilities are different from those offered by traditional telephone service providers. VoIP 911 services depend on accurate address registration and functioning Internet connectivity.

4.2 Power and Network Outages

4.3 Service Suspension

911 Service WILL NOT work if Customer's service is suspended or disconnected for any reason, including non-payment.

4.4 Geographic Mismatch

If Customer uses a telephone number with an area code that does not match Customer's actual geographic location, 911 calls may not reach the correct PSAP or any emergency services at all. Even if emergency personnel are reached, they may not be near Customer's actual location.

4.5 Address Registration Errors

Failure to provide a correct physical address in the correct format may cause 911 calls to be routed to the incorrect PSAP. Use of services from a location other than the Registered Address may result in 911 calls being routed incorrectly.

4.6 Mobile/Nomadic Use

If Customer moves equipment to a location different from the Registered Address without updating the E911 registration, 911 calls may be routed to the wrong PSAP or may not connect to emergency services at all.

4.7 Propagation Delays

Address updates may take up to 48 hours to propagate through emergency services databases. During this period, 911 calls may be routed based on previously registered information.

5. Regulatory Compliance

5.1 FCC Requirements

IPComms is required by the Federal Communications Commission (FCC) to provide E911 services to all customers. Customer may not opt out of E911 service. IPComms complies with applicable FCC regulations including 47 CFR Part 9.

5.2 Kari's Law

For customers operating Multi-Line Telephone Systems, Kari's Law requires direct 911 dialing capability without the need for a prefix (such as "9" for an outside line) and on-site notification when 911 calls are placed. Customer is solely responsible for configuring their systems to comply with Kari's Law.

5.3 RAY BAUM's Act

Section 506 of RAY BAUM's Act requires that 911 calls convey "dispatchable location" information, which may include building, floor, room, or other specific location details beyond a street address. Customer is responsible for providing and maintaining accurate dispatchable location information for all endpoints.

6. Indemnification and Limitation of Liability

6.1 Customer Indemnification

Customer shall indemnify, defend, and hold harmless IPComms, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Customer's failure to register accurate E911 addresses
• Customer's failure to update E911 addresses when locations change
• Customer's failure to comply with Kari's Law, RAY BAUM's Act, or other applicable regulations
• Any 911 call placed from an Unregistered DID

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IPCOMMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PROVISION OR FAILURE OF E911 SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM DELAYED EMERGENCY RESPONSE, MISROUTED 911 CALLS, OR INABILITY TO CONNECT TO EMERGENCY SERVICES. IPCOMMS' TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF E911 SERVICES SHALL NOT EXCEED THE FEES PAID BY CUSTOMER FOR E911 SERVICES DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

7. End User Notification Requirements

If Customer resells or provides IPComms' services to end users, Customer is solely responsible for:

• Providing end users with notice of E911 limitations substantially similar to those contained in this document
• Obtaining end user acknowledgment of such limitations
• Collecting and registering accurate E911 addresses for all end user DIDs
• Ensuring compliance with all applicable E911 regulations

Customer shall indemnify IPComms for any claims arising from Customer's failure to meet these obligations.

8. Acknowledgment