Emergency (911) Services Conditions and Limitations

YOUR SAFETY IS OF THE UTMOST IMPORTANCE TO 1-TO-ALL. THIS IS WHY 1-TO-ALL'S 1-TO-ALL NETWORK SERVICE OFFERS AN EMERGENCY CALLING FEATURE THAT PERMITS YOU TO DIAL 9-1-1 TO REACH EMERGENCY PERSONNEL. HOWEVER, THE 911-TYPE SERVICE OFFERED THROUGH 1-TO-ALL'S 1-TO-ALL NETWORK IS FUNDAMENTALLY DIFFERENT IN SEVERAL IMPORTANT WAYS (SOME, BUT NOT NECESSARILY ALL, OF WHICH ARE DESCRIBED IN THIS AGREEMENT) FROM TRADITIONAL WIRELINE AND WIRELESS 911 EMERGENCY ACCESS SERVICES. 1-TO-ALL NETWORK'S 911-TYPE SERVICE IS NOT A REPLACEMENT TO THE TRADITIONAL LOCAL WIRELINE 911 SERVICES OFFERED OVER THE PUBLIC SWITCHED TELECOMMUNICATIONS NETWORK AND WIRELESS 911 SERVICES IN YOUR LOCAL SERVICE AREA. 1-TO-ALL AND ITS THIRD PARTY UNDERLYING PROVIDERS CANNOT GUARANTEE THE RELIABILITY OF THE 911-TYPE DIALING FEATURES OF YOUR SERVICE. 1-TO-ALL'S LIMITED 911-TYPE SERVICE IS AVAILABLE ONLY ON 1-TO-ALL AUTHORIZED DEVICES AND WITH 1-TO-ALL SERVICES AS DESCRIBED HEREIN. YOU MUST PROPERLY ACTIVATE AND INSTALL YOUR MULTIMEDIA TERMINAL ADAPTOR MTA* AND ENSURE THAT THE INFORMATION YOU PROVIDE TO 1-TO-ALL IS ACCURATE. YOU MUST ALSO INFORM ANY OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF THE CONDITIONS AND LIMITATIONS OF 1-TO-ALL NETWORK'S 911-TYPE DIALING AND THE NON-AVAILABILITY OF TRADITIONAL 911 SERVICES FROM YOUR MTA AND SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT 1-TO-ALL HAS APPRISED YOU OF THE CONDITIONS AND LIMITATIONS OF 1-TO-ALL'S 911-TYPE SERVICE. 1-TO-ALL STRONGLY RECOMMENDS THAT YOU ALWAYS MAINTAIN AN ALTERNATE MEANS OF REACHING A 911 OPERATOR IN CASE OF AN EMERGENCY.

Service Outage, Power Failure or Disruption

Your 911-type dialing will not function in the event of a power failure or disruption in service. Should there be an interruption in power or broadband connection (including wireless broadband connection for 1-TO-ALL Network Wi-Fi users) for any reason whatsoever, the Service and 911 dialing will not function unless and until power and service is fully restored. In the event of a power failure you may be required to reset your MTA device prior to utilizing the Service or dialing 9-1-1. Service outages or termination of service by your broadband provider or any other broadband provider supplying the broadband service to which you connect your MTA, and/or ISP or by 1-TO-ALL will prevent ALL Service including 911 dialing. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing.

Use of TDD or TTY Devices

Your 911-type service may not be fully compatible with all types of TDD or TTY devices for the hearing impaired and that where such devices are used to make calls, Neither 1-TO-ALL nor 1-TO-ALL's third party providers, hold themselves out as providing or enabling 1-TO-ALL to provide emergency services compatible with any TDD/TTY or other hearing impaired devices.

Connecting Your MTA

1-TO-ALL Network's 911-type service will not function unless you have successfully configured and connected your MTA and provided accurate and updated information to 1-TO-ALL. Even if you properly connect your MTA and receive a dial tone, there may still be a lag time between when you connect your 1-TO-ALL Network Device and when your 1-TO-ALL Network 911-type dialing feature is fully activated. You cannot dial 911 from 1-TO-ALL Network unless and until you have confirmation that your MTA is operational as described herein and in your User Guide.

Failure to Designate the Correct Service Address When Activating 911 Dialing or Moving Your MTA

Your Service Address is the physical address that you provided during the sign-up process. The Service Address is the physical location from where you intend to use your MTA. Where the Service Address is visible to the emergency response operator, this is where emergency personnel will be sent to if you cannot communicate your actual physical location if different from your Service Address. If you have more than one 1-TO-ALL Network Device at your Service Address and each MTA has a different number, you must make sure that the Service Address corresponds to each number where your 1-TO-ALL Network Device is physically located. If you move your 1-TO-ALL Network Device to a location other than your primary Service Address, you may not be able to place emergency calls or your calls could be misrouted to the incorrect emergency operator or incorrect emergency service personnel, or emergency personnel could be dispatched to the wrong address 1-TO-ALL does NOT recommend that you use the 1-TO-ALL Network Device to dial emergency access services if you move your Device away from your Service Address. You acknowledge and understand that neither 1-TO-ALL nor its third party service providers shall have any responsibility or liability for provision of the Service and 911-type access if the MTA is moved outside of your Service Address.

Changing Your Service Address

If you want to permanently relocate your MTA a new Service Address, you must contact 1-TO-ALL's Customer Service at 1-800-455-4185 to update your address and determine whether 1-TO-ALL Network's 911-type services are available at the new location. 1-TO-ALL Network's 911-type dialing is not available in all service areas. If 1-TO-ALL Network's 911-type service is available at your new Service Address, it may be necessary for 1-TO-ALL to assign a new number to you.

Network Congestion, Routing or Answering of 911 Calls

There is a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made from your 1-TO-ALL Network Service as compared to traditional 911 dialing over wireline or wireless public telephone networks. 911 dialing from your MTA may be routed to a general administrative operator for the local emergency service provider (which may not be answered outside of business hours), and may not be routed to the same local 911 dispatcher(s) who are specifically designated and trained to receive 911 calls when such calls are routed using traditional 911 dialing.

Automated Number Identification

The emergency dispatcher or administrative operator may not be able to identify your phone number when you dial 911 using 1-TO-ALL Network. Existing emergency response systems are not always technically capable of receiving and/or passing routing information properly. Accordingly, emergency personnel may not be able to identify your phone number in order to call you back if your call is not completed, dropped or disconnected, or if you are unable to speak to tell the emergency dispatcher or operator your phone number and/or if the Service is not operational for any reason. If you enable any call redirection services with your 1-TO-ALL Network such as Call Forwarding or Call Block, emergency personnel may not be able to call you back if your call is disconnected for any reason.

Automated Location Identification (E911)

It is not always possible to transmit your Service Address when you dial 9-1-1. Even where it is possible to transmit your Service Address to the 911 dispatcher, if you move your MTA, emergency personnel will be dispatched to your Service Address and not the actual physical location of your MTA (if different from the Service Address). 1-TO-ALL does not recommend that you move your MTA once connected at your Service Address. If you dial 911, you must immediately tell the dispatcher your location (or the location of the emergency, if different). You must also not disconnect the line as the dispatcher may not have a phone number to use to call you back and you may be required to redial 9-1-1. If you are unable to speak and describe your location, the emergency dispatcher may not be able to locate you or dispatch emergency personnel to the correct location. You or anyone using your 1-TO-ALL Network Service will need to state the nature of the emergency promptly and clearly, including your location. You acknowledge and understand that emergency operators and emergency personnel will not be able to find your location if the call is not completed, dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

Home Security Systems and other Non-voice Communications Equipment

By agreeing to 1-TO-ALL Network's Emergency (911) Conditions and Limitations you hereby waive any claim against 1-TO-ALL and 1-TO-ALL's third party providers in connection with your 1-TO-ALL Service and MTA, for interference with or disruption of such home security systems and any and all other communications or electronic equipment due to your 1-TO-ALL Services and MTA.

Local Number Portability

The Conditions and Limitations of your 1-TO-ALL Network 911-type dialing feature as described in this agreement apply even if you are porting your number to your 1-TO-ALL Network service. If your MTA is not yet activated as of the Port Effective Date (the date on which your phone service is transferred to 1-TO-ALL Network), your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. To avoid an interruption in your phone service, it is extremely important that you properly install your MTA prior to, or on, the Port Effective Date. An estimate of the Port Effective Date will be provided to you by 1-TO-ALL via e-mail following your completion of the ordering process.

Limitation of Liability and Indemnification

You acknowledge and understand that 1-TO-ALL's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless 1-TO-ALL, its officers, directors, employees, affiliates and agents and any other underlying service provider who furnishes services to you in connection with this Agreement or the 1-TO-ALL Network Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) by, or on behalf of, You or any third party or user of Your 1-TO-ALL Network Service relating to the absence, failure or outage of the Service, including 1-TO-ALL Network's 911-type dialing and/or inability of You or any user of Your 1-TO-ALL Network Service to be able to dial 911, to access emergency service personnel, to access the correct Public Service Answering Point associated with your telephone number, or to correctly route an emergency call if you move your MTA outside of your Service Address.

Limitation of Liability and Indemnification

As described herein, 1-TO-ALL Network's 911-type dialing is NOT the same as traditional 911 or E911 dialing, and does not necessarily include all of the capabilities of traditional 911 and E911 dialing.
YOU ACKNOWLEDGE AND UNDERSTAND THAT 1-TO-ALL'S ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE EQUIPMENT AND SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL 1-TO-ALL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF 1-TO-ALL'S SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT OR TO THE SERVICES PROVIDED BY 1-TO-ALL (INCLUDING, BUT NOT LIMITED TO 1-TO-ALL NETWORK'S 911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR 1-TO-ALL NETWORK SERVICE TO BE ABLE TO DIAL 911, TO ACCESS EMERGENCY SERVICE PERSONNEL, TO ACCESS THE CORRECT PUBLIC SERVICE ANSWERING POINT ASSOCIATED WITH YOUR TELEPHONE NUMBER, OR TO CORRECTLY ROUTE AN EMERGENCY CALL IF YOU MOVE YOUR MTA OUTSIDE OF YOUR SERVICE ADDRESS) UNLESS IT IS PROVEN THAT THE ACT OR OMISSION PROXIMATELY CAUSING THE CLAIM, DAMAGE, OR LOSS CONSTITUTES GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT ON THE PART OF 1-TO-ALL OR ITS UNDERLYING SERVICE PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 1-TO-ALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER UNDERLYING SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF YOUR 1-TO-ALL NETWORK SERVICE.

Release

By purchasing 1-TO-ALL Network Services and checking the 911 Acknowledgments box during your sign up process, You acknowledge that you have read and understand, and agree to the terms and conditions of this Agreement (including the Emergency (911) Conditions and Limitations contained herein) and that you hereby expressly release 1-TO-ALL, its directors, officers, employees, agents and underlying service providers from any and all liability associated with your use of 1-TO-ALL Network's Services (including the Emergency (911) Conditions and Limitations for customers receiving 1-TO-ALL Network's Emergency (911) Service).

Sole Remedy

Your sole and exclusive remedies are expressly set forth in the Terms of Use Agreement these Emergency (911) Conditions and Limitations. Some jurisdictions may not permit the exclusion or limitation of implied warranties, and some jurisdictions may not permit the limitations or exclusion of incidental or consequential damages, so certain of the above exclusions may not apply. In such jurisdictions, the liability of 1-TO-ALL, its directors, officers, employees, agents and underlying service providers shall be limited to the maximum extent permitted by law.

** Please note that the Conditions and Limitations 1-TO-ALL Network Emergency (911) Services as contained herein apply to 1-TO-ALL Network's Wi-Fi devices. Accordingly, all references to MTA include the Wi-Fi devices provided to users of 1-TO-ALL's 1-TO-ALL Network Wi-Fi service.