EMERGENCY SERVICES - Rubicon E911

Definitions E911 and Traditional 911

Enhanced-911 or E-911 enables calls to be routed to Public Safety Answering Points (PSAP) such that both the calling phone number and the address are immediately available to the PSAP operator.

Traditional 911 provides only the phone number to the PSAP operator. The caller must stay on the line and be able to provide location information in order to receiv e emergency response services.

Non-Availability of Traditional 911 or E911 Service.

CUSTOMER MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. CUSTOMER acknowledges and understands that RUBICON does NOT support traditional 911 and E911 access to emergency services. The limited emergency response service provided by us differs in a number of important ways from traditional 911 and E911 as explained further below. Rubicon E911 will route your 911 calls to the public safety answering point (PSAP) supporting the service address you registered with your account. The emergency operator receives the address of the caller. With this service the caller does not need to verbally give their location to the operator. Because of the limitation on Rubicon E911, we recommend that CUSTOMER maintain an alternate means of accessing traditional emergency response services.

CUSTOMER acknowledges and understands that Rubicon E911 cannot be used in conjunction with a Soft Phone or non-interconnected Virtual Numbers (virtual numbers not associated with a DID and therefore cannot receive calls from a PSTN line). Our Rubicon E911 is not automatic; CUSTOMER must separately take affirmative steps, as described in this Agreement, to register the address where CUSTOMER will use the Services in order to activate the Rubicon E911 feature. CUSTOMER must do this for each interconnected virtual number that CUSTOMER obtains. CUSTOMER acknowledges and understands that Rubicon E911 is available only in US and the service is intended only for CUSTOMER who calls from US territory. CUSTOMER shall inform any household residents, guests and other third persons who may be present at the physical location where CUSTOMER utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the our Rubicon E911 as compared with traditional 911 or E911 Service.

Registration of Physical Location Required.

CUSTOMER acknowledges and understands that for each interconnected virtual number that CUSTOMER use for the Service, CUSTOMER must register with the physical location where CUSTOMER will be using the Service with that virtual number. When CUSTOMER moves the Device to another location, CUSTOMER must register your new location. If CUSTOMER do not register your new location, any call CUSTOMER make using the Rubicon E911 feature may be sent to an emergency center near your old address. CUSTOMER will register your initial location of use when CUSTOMER subscribes to the Service. Thereafter, CUSTOMER may register a new location by logging into your control panel and clicking on the “Update E911 Info” button located at the top portion of every page in www.rubiconipnet.com webpage. For purposes of the 911 features, CUSTOMER may only register one location at a time for each phone line CUSTOMER use with the Service. Failure in reregistering the new address prior to utilizing the Rubicon E911, CUSTOMER will have a risk of paying additional charge to RUBICON for $95 per call.

Confirmation of Activation Required.

CUSTOMER acknowledges and understands that your Rubicon E911 will not be activated for any phone line that CUSTOMER are using with the Service, unless and until CUSTOMER has submitted a verified address. Failure in submitting the verified address prior to utilizing the Rubicon E911, CUSTOMER will have a risk of paying additional charge to RUBICON for $95 per call.

How Emergency Personnel are contacted.

CUSTOMER acknowledges and understands that RUBICON contracts with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center.

When the center receives your call, the operator will have the address CUSTOMER entered in our 911 database as well as your DID number that CUSTOMER associated with your virtual number. If CUSTOMER has not provided this information, CUSTOMER must provide your address and phone number in order to get help and CUSTOMER will automatically be charged for $95 per call for not providing the address and phone number prior to using RUBICON 911 Service.

Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If RUBICON learns that this is the case, RUBICON will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near CUSTOMER to dispatch help. CUSTOMER hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.

Service Outages.

(a) Service Outages Due to Power Failure or Disruption. CUSTOMER acknowledges and understands that Rubicon E911 does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including Rubicon E911, will not function until power is restored. Following a power failure or disruption, CUSTOMER may need to reset or reconfigure the Device prior to utilizing the Service, including Rubicon E911.

(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. CUSTOMER acknowledges and understands that service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including Rubicon E911, from functioning.

(c) Service Outage Due to Suspension or Termination of Your Account. CUSTOMER acknowledges and understands that service outages due to suspension or termination of your account will prevent all Service, including Rubicon E911, from functioning.

(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. CUSTOMER acknowledges and understands that your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that CUSTOMER alerts us to this situation, RUBICON will attempt to work with CUSTOMER to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the Rubicon E911 feature, may not function. CUSTOMER acknowledges that RUBICON is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including Rubicon E911, that may result. In the event CUSTOMER lose service as a result of blocking of ports or any other impediment to your usage of the Service, CUSTOMER will continue to be responsible for payment of the Service charges unless and until CUSTOMER terminate the Service in accordance with this Agreement.

(e) Other Service Outages. CUSTOMER acknowledges and understands that if there is a Service outage for any reason, such outage will prevent all Service, including Rubicon E911, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

Re-Verifying Your Address is Required if CUSTOMER

Change Your Number or Add or Port New Numbers. CUSTOMER acknowledges and understands that Rubicon E911 does not function if CUSTOMER change your phone number or if CUSTOMER add or port new phone numbers to your account, unless and until CUSTOMER successfully register your location of use for each changed, newly added or newly ported phone number.

Network Congestion; Reduced Speed for Routing or Answering Rubicon E911 Calls.

CUSTOMER acknowledges and understands that there may be a greater possibility of network congestion and/or reduced speed in the routing of a Rubicon E911 call made utilizing the Service as compared to traditional 911 Service over traditional public telephone networks.

Possible Lack of Automatic Number Identification.

CUSTOMER acknowledges and understands that it may or may not be possible for the local emergency personnel to automatically obtain your phone number when CUSTOMER use Rubicon E911. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. As a result, the operator who answers your Rubicon E911 call may not be able to automatically obtain your phone number and call CUSTOMER back if the call is not completed or is not forwarded, is dropped or disconnected, if CUSTOMER are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.

No Automated Location Identification.

CUSTOMER acknowledges and understands that in most service areas, it is not possible at this time to transmit to the local emergency response center the address that CUSTOMER registered for Rubicon E911. CUSTOMER will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator may not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if CUSTOMER are unable to speak to tell the operator your location, or if the Service is not operational for any reason.

Disclaimer of Liability and Indemnification.

CUSTOMER acknowledges and understands that RUBICON do not have any control over whether, or the manner in which, calls using Rubicon E911 are answered or addressed by any local emergency response center. RUBICON disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. END USE acknowledges and understands that RUBICON rely on third parties to assist us in routing Rubicon E911 calls to local emergency response centers and to a national emergency calling center. RUBICON disclaims 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 our

RUBICON, nor its officers or employees, may be held liable for any claim, damage, or loss, and CUSTOMER hereby waive any and all such claims or causes of action, arising from or relating to Rubicon E911 unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. CUSTOMER shall defend, indemnify, and hold harmless our RUBICON and or any of our subsidiaries, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to CUSTOMER in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, CUSTOMER or any third party relating to the absence, failure or outage of the Service, including Rubicon E911, incorrectly routed Rubicon E911 calls, and/or the inability of any user of the Service to be able to use Rubicon E911 or access emergency service personnel.

Alternate 911 Arrangements.

CUSTOMER acknowledges and understands that RUBICON strongly encourages CUSTOMER to have an alternate means of accessing traditional 911 or E911 services or terminating the Service. RUBICON does not recommend CUSTOMER rely on a non-traditional 911 service in an emergency.

Rubicon E911 Fees.

CUSTOMER acknowledges and understands that RUBICON charge a fee of $3.00 per month. This is to cover the cost of the service that RUBICON must pay when RUBICON connect such calls.

Abuse

USTOMER acknowledges and understands that while Rubicon E911 is not traditional 911, abusing the Rubicon E911, making false or prank calls to a Rubicon E911 is still a crime. If CUSTOMER commits such acts, your account will be terminated and CUSTOMER may be prosecuted by your local and state governments.