Service Limitations

a) IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:

Description : VoIP services allow the customers 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 the customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional911 emergency services.

Differences to Traditional Telephone Service : Because of the unique nature of VoIP telephone calls, emergency calls to 911 through ZiD Internet will be handled differently than traditional telephone services. The following provisions describe the differences and limitations of 911 emergency calls, and the Customer hereby acknowledges and understands that the ZiD Internet service is not a traditional telephone service. There are important differences between traditional 911 telephone services and the services provided by ZiD Internet as set out in these Terms and Conditions. Customers

must review the section below in its entirety .

Placing 911 calls : If the customer makes a 911 emergency call, ZiD Internet will attempt to

automatically route the customers 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the customers address of record on his or her account. However, due to the limitations of the VoIP telephone services, the customers 911 call may be routed to a different location than that which would be used for traditional 911 dialing. For example, the customers call may be forwarded to a third-party, specialized call center that handles emergency calls. This call center is different from the PSAP (Public Safety Answering Point) that would answer a traditional 911 emergency call, which has automatically generated the customers

address information. Consequently, the VoIP customer will be required to provide his or her name, address, and telephone number to the call center operator.

How your information is provided : ZiD Internet will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the customers account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the customers name, phone number or physical location. Therefore, when making a 911 emergency call, the customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information. If the customer is unable to speak, the dispatcher may not be able to locate him/her if

the customer’s 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 : The customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with his or her account. If the customer does not correctly identify the actual location where he/she is located,

or if the customers account information has recently changed or has otherwise not been updated,

911 calls may be misdirected to an incorrect emergency response site. For example, if the Customer changes the address from which he or she uses their ZiD VOX or ZiD VOX PC Phone service, access to 9-1-1 Service will not function properly. Upon moving to a new address, or change of use of ZiD VOX service, the Customer must immediately notify and advise ZiD Internet by email or by telephone with the most current location information. Failure to advise ZiD Internet of any changes will adversely affect the ability to access 9-1-1 Service.

911 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 911, regardless of where the associated extension is located.

Disconnections : During the 9-1-1 call, the customer must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have the customers number or contact information. If the customer is inadvertently disconnected, he/she must call back immediately.

Connection time : For technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.

911 calls may not function : For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

- If your service or your system (service) access equipment fails or is not configured correctly

• 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,

- network or Internet outage in the event of a power; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls;

• changing locations —if you move your system access equipment to a location other than that described in the customer’s account information or otherwise on record with ZiD Internet.
• Therefore, it is strongly advised that backup power supply be made available, such as a UPS.

Inform other users : The customer must ensure full understanding of the 9-1-1 Service

limitations and is responsible for notifying, and agrees to notify, any user or potential

users of VoIP services aware of the nature and limitations of 911 emergency calls on the

VoIP services as described herein.

Liability : Customers are advised to review this section with respect to ZiD Internet’s limitations of liability.

b) THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS ZID INTERNET DIV OF ZYMOS, Inc. VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST ZID INTERNET, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE ZID INTERNET’s ZiD VOX 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.