Please read this E911 Disclosure carefully. It describes important limitations of emergency calling using Ultatel’s VoIP-based services and the responsibilities of Customer and end users. This Disclosure is incorporated by reference into the Master Services Agreement (“MSA”), the Service Agreement, the Acceptable Use Policy (“AUP”), and the Website Terms of Use, and is referenced in Section 2 of the Service Terms of the MSA and the corresponding section of the Service Agreement.

Customer agrees to provide a copy of this Disclosure (or a substantively similar disclosure) to all of its end users of the Services and to obtain their acknowledgment where required by applicable law.

1. How VoIP E911 Differs from Traditional 911

Ultatel’s 911 service uses Voice over Internet Protocol (“VoIP”) technology rather than legacy circuit-switched telephony. As a result, Ultatel’s 911 service has characteristics that differ materially from traditional landline 911. Customer and end users should evaluate these differences carefully and consider maintaining alternative means of contacting emergency services (such as a wireless mobile phone or traditional landline).

In particular, Ultatel’s VoIP-based 911 service depends on:

• electric power at the location of the device used to place the 911 call;
• a working broadband internet connection between the device and Ultatel’s network;
• the device itself being properly configured and operating;
• accurate registered location information for the device, provisioned in advance with Ultatel; and
• the operation of third-party networks, including the public switched telephone network (“PSTN”), the National Emergency Number Association (“NENA”) infrastructure, and the local Public Safety Answering Point (“PSAP”) that handles emergency calls.

2. Conditions Under Which 911 Calls May Fail or Misroute

Customer and end users acknowledge that 911 calls placed using the Services may not complete, may be delayed, or may be misrouted in any of the following circumstances:

• during a power outage at the device location, unless the device has battery backup and the battery is charged and functional;
• during an internet, broadband, or third-party network outage;
• if the device or Ultatel ATA, IAD, IP phone, or softphone application has been disconnected, removed, damaged, improperly configured, or moved without updating the registered service address;
• if the registered service address on file with Ultatel is incorrect or out of date;
• if a softphone application is used at a physical location different from the registered service address;
• if 911 service has been suspended due to non-payment, breach of the AUP, or for security reasons;
• if the local PSAP is unable to receive automated location information; or
• for reasons outside Ultatel’s reasonable control, including malfunctions of upstream networks, third-party 911 service providers, or PSAPs.

Even when a 911 call connects, the PSAP and emergency responders may not receive the call-back number or location information automatically, and may be unable to call back if the call is dropped. End users should be prepared to clearly state their physical address and call-back number to the dispatcher.

3. Customer Responsibilities

Customer is responsible for the following, and must require its end users to do the same:

• Provide an accurate physical address (no post office boxes) for each device or user when service is initially provisioned, and update Ultatel promptly whenever a device is moved to a new location.
• Maintain power and an operational broadband connection at the location of each device used to access the Services. Where required for business continuity, install battery backup capable of providing power during outages.
• Configure devices in accordance with Ultatel’s instructions, including any required software updates.
• Ensure that all employees, contractors, and other end users of the Services are informed of the limitations described in this Disclosure and are trained on how 911 service works on the Services. Customer should consider posting this Disclosure (or a similar notice) at locations where Services are used and including it in employee onboarding materials.
• Update the registered service address whenever a device, IP phone, softphone, or mobile application is used at a location other than the previously registered location.
• If using softphone applications, configure the application with the user’s current physical location prior to use.

Customer acknowledges that Ultatel’s ability to deliver accurate 911 service is directly dependent on Customer’s compliance with these responsibilities. Address updates may take up to two (2) business days to propagate through emergency calling databases. During the propagation period, 911 calls may continue to be routed based on the prior registered address.

4. Compliance with Federal Emergency Calling Laws

4.1 Kari’s Law

Pursuant to Kari’s Law (47 U.S.C. § 623), Ultatel’s multi-line telephone systems (“MLTS”) and related services support direct dialing of 911 (without requiring a leading digit, prefix, or other code) and notification to a designated location at the customer site (such as a front desk or security operations center) when a 911 call is placed. Customer is responsible for designating one or more notification recipients in the Ultatel administrative portal and for ensuring that designated recipients are reachable. Failure to designate a recipient may impair the notification feature.

4.2 RAY BAUM’s Act

Pursuant to RAY BAUM’s Act and FCC implementing rules, 911 calls placed through the Services convey a “dispatchable location” to the PSAP, including the validated street address and (where reasonably available) more specific location information such as floor, suite, or room number. Customer is responsible for accurately provisioning, in advance, dispatchable location information for each device, fixed location, and roaming user. Where Ultatel provides tools for end users to update their location, Customer is responsible for instructing end users to use these tools and to update location information when working from home or other off-site locations.

4.3 STIR/SHAKEN Caller Identification

Ultatel implements STIR/SHAKEN caller authentication to combat illegal robocalls and to support accurate caller identification. STIR/SHAKEN does not affect the routing or delivery of 911 calls but supports caller identification on outbound non-emergency calls.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Ultatel and its affiliates, officers, directors, employees, agents, and third-party providers shall not be liable for any failure of, delay in, or misrouting of, 911 service caused by:

• power outages or interruptions at Customer’s or end user’s premises;
• interruption or failure of broadband or internet connectivity;
• Customer’s or end user’s failure to provide accurate registered location information or to update such information promptly upon a change of location;
• Customer’s or end user’s use of the Services in a manner inconsistent with this Disclosure, the AUP, or the applicable Service Agreement;
• malfunction, misconfiguration, damage, or relocation of Customer Equipment, Customer Purchased Equipment, or Ultatel Equipment;
• the conduct, errors, or unavailability of any third-party network, 911 service provider, PSAP, or local emergency response agency; or
• events outside Ultatel’s reasonable control.

To the extent that an E911 failure is caused by Ultatel’s gross negligence or willful misconduct, Ultatel’s liability shall be subject to the limitations of liability set forth in the applicable Service Agreement, including the General Cap, the Super-Cap (where applicable), and the exclusion of indirect, incidental, special, consequential, and punitive damages.

6. Indemnification

Customer shall indemnify, defend, and hold harmless Ultatel and its affiliates, officers, directors, employees, agents, and third-party providers from and against any claim arising out of or related to: (a) Customer’s or any end user’s placement of (or attempt to place) 911 calls using the Services; (b) the failure of any 911 call to complete or to be routed correctly because of inaccurate or out-of-date registered location information provided by Customer or any end user; (c) Customer’s failure to inform end users of the limitations described in this Disclosure; or (d) Customer’s breach of its responsibilities under Section 3 of this Disclosure. The foregoing indemnification is subject to the indemnification procedures set forth in the applicable Service Agreement.

7. Customer Acknowledgment

By executing the Service Agreement, signing up for the Services, or using the Services, Customer acknowledges that it has read, understood, and accepted the limitations and responsibilities described in this Disclosure, and that it has notified, or will promptly notify, all end users of the Services of these limitations and responsibilities.

8. Updates to This Disclosure

Ultatel may update this Disclosure from time to time to reflect changes in technology, applicable law, or Ultatel’s service offerings. Material updates will be communicated by reasonable means and will be effective as of the date posted at www.ultatel.com/e911.

9. Contact

To update a registered service address, request information about Ultatel’s 911 service, or report a 911-related issue, contact Ultatel customer support at 1-800-930-9912 or support@ultatel.com.