We are required by Federal law to obtain your affirmative acknowledgement that you have read and understand the limitations detailed below concerning Evolve IP’s (hereinafter “Evolve IP”) provision of emergency calling services. The Evolve IP Services do not offer 911 or E-911 emergency services like the services that you get from a telephone company. You acknowledge and understand that Evolve IP does not support traditional 911 and E-911 access to emergency services. Traditional 911 services automatically route your calls to a trained 911 dispatcher, available on a 24-hour basis, using special answering facilities at the local Public Safety Answering Point (PSAP) for your location. Traditional E-911 services automatically provide to the PSAPs the calling party’s call back number and location.

Evolve IP’s limited emergency services differ from traditional emergency services that you receive from the telephone company in several important ways described below. We recommend that you inform all employees, visitors, and other third parties who may be present where the Evolve IP Services will be used of these limitations.

(i) UNDER CERTAIN CIRCUMSTANCES, EMERGENCY DIALING SERVICE MAY NOT BE AVAILABLE TO CUSTOMER. FOR EXAMPLE, IF CUSTOMER’S INTERNET CONNECTION IS NOT FUNCTIONING, IF THERE IS AN ELECTRICAL POWER OUTAGE, OR IF CUSTOMER’S INTERNET SERVICE OR VOIP SERVICE IS DISCONNECTED FOR ANY REASON WHATSOEVER, INCLUDING DISCONNECTION OR AN OUTAGE RESULTING FROM FAILURE TO PAY FOR SERVICES, CUSTOMER WILL NOT BE ABLE TO PLACE ANY CALLS INCLUDING EMERGENCY 911 CALLS.

(ii) YOUR EMERGENCY DIALING SERVICE MAY NOT FUNCTION OR MAY NOT DELIVER EMERGENCY CALLS IN A TIMELY MANNER IF THERE IS NETWORK CONGESTION OR ANY OTHER SLOW DOWN ASSOCIATED WITH YOUR INTERNET CONNECTION.

(iii) CUSTOMER SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE TO NOTIFY EVOLVE IP IN WRITING IMMEDIATELY UPON ANY ADDRESS CHANGE WITH RESPECT TO ANY USER OR HANDSET FROM THE ADDRESS PROVIDED BY CUSTOMER AS THE PRIMARY LOCATION THEREFOR. CUSTOMER ACKNOLWEDGES AND AGREES THAT EVOLVE IP WILL RELY UPON CUSTOMER’S PROVISION OF ADDRESS INFORMATION WITH RESPECT TO USER OR HANDSET LOCATION IN REGISTERING WITH THE DATABASES ON WHICH EMERGENCY CALL TAKERS RELY AND THAT ANY FAILURE ON THE PART OF CUSTOMER TO PROVIDE UPDATED INFORMATION IMMEDIATELY UPON A CHANGE TO SUCH INFORMATION COULD HAVE SIGNIFICANT CONSEQUENCES FOR CUSTOMER AND/OR ITS USERS.

(iv) IF CUSTOMER PROVIDES AN INCORRECT ADDRESS FOR THE DELIVERY OF EMERGENCY SERVICES OR MOVES THE DEVICE(S) ASSOCIATED WITH THE SERVICE AND/OR DOES NOT PROVIDE EVOLVE IP WITH UPDATED ADDRESS INFORMATION, THE 911 CALL WILL BE ROUTED, IF AT ALL, TO THE INCORRECT PSAP AND THE EMERGENCY CALL TAKER WILL RECEIVE INCORRECT ADDRESS INFORMATION, TO THE EXTENT THE CALL TAKER RECEIVES SUCH INFORMATION AT ALL. MOREOVER, THE EMERGENCY CALL TAKER MAY NOT BE CAPABLE OF ROUTING THE EMERGENCY CALL TO THE APPROPRIATE PSAP. CUSTOMER FURTHER RECOGNIZES THAT IT MAY TAKE UP TO FIVE (5) BUSINESS DAYS FOR NEWLY PROVIDED LOCATION INFORMATION TO BE POPULATED IN THE RELEVANT DATABASES SUCH THAT DURING THIS FIVE (5) DAY BUSINESS PERIOD EMERGENCY CALL OPERATORS MAY RECEIVE INACCURATE LOCATION INFORMATION.

(v) IN THE EVENT THAT YOU DO NOT NOTIFY EVOLVE IP IN WRITING OF AN ADDRESS CHANGE WITH RESPECT TO A USER OR HANDSET, AND YOU ARE USING AN OUT OF RATE CENTER TELEPHONE NUMBER, EMERGENCY SERVICE PERSONNEL CANNOT AUTOMATICALLY TRACK YOUR LOCATION THROUGH YOUR SYSTEM AND IT IS THEREFORE IMPORTANT THAT YOU KEEP YOUR LOCATION REGISTRATION UPDATED. FOR EXAMPLE, IF YOU LIVE AND USE YOUR EVOLVE IP PHONE IN PHILADELPHIA, PENNSYLVANIA FROM THE 215/267 AREA CODES, BUT YOUR ASSIGNED EVOLVE IP TELEPHONE NUMBER HAS NA AREA CODE OF 212, A NUMBER USUALLY FOR NEW YORK CITY, WHEN YOU DIAL 911, YOU MAY NOT BE ABLE TO REACH ANY EMERGENCY PERSONNEL. EVEN IF YOU DO REACH EMERGENCY PERSONNEL, YOU WILL NOT BE CALLING THE EMERGENCY PERSONNEL NEAR YOUR ACTUAL LOCATION (THE PHILADELPHIA CALLER MAY BE CALLING EMERGENCY SERVICES LOCATED IN NEW YORK) AND THE EMERGENCY PERSONNEL MAY NOT BE ABLE TO TRANSFER YOUR CALL OR RESPOND TO YOUR EMERGENCY.

(vi) UNDER CERTAIN CIRCUMSTANCES – HIGH VOLUME USAGE, NETWORK MAINTENANCE OR OTHER SITUATIONS THAT LEAD TO EMERGENCY CALL FAILURES – EVOLVE IP’S EMERGENCY SERVICES MAY BE ROUTED TO A GENERAL OR ADMINISTRATIVE NUMBER OF THE EMERGENCY CALL TAKER OR A LOCAL EMERGENCY SERVICE PROVIDER AND WILL NOT NECESSARILY BE ROUTED TO A TRAINED DISPATCHER. IN ADDITION, SERVICES MAY NOT BE AVAILABLE ON A 24 HOUR BASIS, YOU MAY EXPERIENCE A BUSY SIGNAL, OR YOU MAY NOT BE ABLE TO REACH ANY EMERGENCY SERIVCES PERSONNEL AT ALL.

(vii) UNDER CERTAIN CIRCUMSTANCES – HIGH VOLUME USAGE, NETWORK MAINTENANCE OR THE OTHER SITUATIONS THAT LEAD TO EMERGENCY CALL FAILURES – EVOLVE IP’S EMERGENCY SERVICES MAY BE ROUTED TO A NATIONAL CALL CENTER. WHILE THIS CALL CENTER IS STAFFED 24 HOURS A DAY, 7 DAYS A WEEK, 365 DAYS A YEAR WITH TRAINED EMERGENCY CALL TAKERS, THE CALL TAKER MAY NOT BE ABLE TO TRANSFER YOUR CALL TO THE APPROPRIATE LOCAL EMERGENCY CALL TAKER LOCATION DELAYING THE DISPATCH AND RECEIPT OF EMERGENCY SERVICES. UNDER CERTAIN CIRCUMSTANCES, EMERGENCY CALL TAKERS IN THE NATIONAL CALL CENTER MAY NOT HAVE ACCESS TO YOUR TELEPHONE NUMBER AND LOCATION INFORMATION REQUIRING YOU TO PROVIDE SUCH INFORMATION. IF THE CALL IS DROPPED OR LOST FOR ANY REASON, THE EMERGENCY CALL TAKER MAY NOT BE ABLE TO CALL YOU BACK TO DISPATCH ASSISTANCE.

(viii) CUSTOMER AGREES TO ALERT ALL EMPLOYEES, CONTRACTORS, GUESTS, AND OTHER THIRD PARTIES OF ALL THESE LIMITATIONS AND CUSTOMER AGREES TO MAINTAIN AN ALTERNATIVE MEANS TO ACCESS E911 SERVICES.

(ix) CUSTOMER ACKNOWLEDGES AND AGREES THAT EMERGENCY DIALING WILL NOT WORK WITH A SOFT CLIENT (A/K/A “SOFT PHONE”).

(x) CUSTOMER ACKNOWLEDGES AND AGREES THAT ON AN “EXTENSION-ONLY PHONE” OR A “SHARED CALL APPEARANCE-ONLY PHONE”, THE EMERGENCY SERVICES PERSONNEL RESPONDING TO A 911 CALL DIALED FROM ONE OF THOSE PHONES WILL ONLY SEE THE PHYSICAL ADDRESS OF THE MAIN LOCATION OF THE ACCOUNT THAT THE “EXTENSION-ONLY PHONE” OR “SHARED CALL APPEARANCE-ONLY PHONE” IS ASSOCIATED WITH. CUSTOMER WILL NEED TO MAINTAIN AN ALTERNATIVE MEANS FOR ACCESSING 911 IN AREAS WHERE AN “EXTENSION-ONLY PHONE” OR A “SHARED CALLED APPEARANCE-ONLY PHONE” IS IN USE.

(xi) CUSTOMER ACKNOWLEDGES THAT ANY INTERNATIONAL TELEPHONE NUMBERS PROVIDED FOR USE WITH THE SERVICES TO NOT SUPPORT 999, 911, E911, OR OTHER EMERGENCY RESPONSE CALLING FUNCTIONALITY.