LEGAL

9-1-1 Service Terms & Conditions

This 911 Service Schedule is a description of, and contains additional terms related to, the 911 functionality (the “911 Service”).

Service Description

The 911 Service described and provided herein are a Basic 911 or “B911” type of service, as further described in Section 3 below.

Activation and Nature of 911 Service

The 911 Service is available upon, and applicable 911 Service fees are charged, as of the Services Activation Date. The Customer understands and agrees that the Services (including the 911 Service) provided by Acronym to the Customer are Local services (as defined by the CRTC) and will be routed through Acronym’s or its provider’s network (the “Network”).

E911 vs. Basic 911 Service

The 911 Service is a Basic 911 service, which differs in a number of important ways from traditional 911 or Enhanced 911 (“E911”) dialing available with most traditional telephone services, and has specific limitations relative to E911. When placing a call to emergency services with E911, the end user’s telephone number and location are automatically transmitted to the operator during the call. With Basic 911 service, the end user’s telephone number and location are not automatically transmitted to the operator. The operator at the answering location verbally obtains the pertinent information that identifies the caller’s need and physical location. The operator then determines the appropriate agency and transfers the caller.

911 Service Description

When the Customer dials 911, the Customer’s call is routed from the Network to an emergency services operator. The Customer will need to confirm with the operator that they are still located at the address the Customer has registered with Acronym. If the Customer calls from a location other than the address registered with Acronym, the Customer will need to provide the operator with a current address or location. The operator will then determine the appropriate emergency agency and transfer the Customer’s call accordingly. There may be an additional delay to transfer the Customer’s emergency service call to areas not served by traditional 911. When the Customer dials 911, they are not to hang up unless told to do so by the operator or the emergency service attendant. If the call is disconnected prematurely the Customer will need to call back to re-establish a connection with our emergency services operator. The Customer must provide Acronym with the Service Address for each activated and/or ported direct inward dialing number (“DID”) and/or charge number as applicable and ensure each location information is kept current at all times. Only DIDs and/or charge numbers that are provisioned with Acronym and have applicable fees paid may be used as the Calling Line ID (the telephone number presented by the calling party to the called party – in this case the 911 operator – as the calling party’s telephone number) by the Customer for making 911 calls through the 911 Service. The use of any other DID or charge number (including but not limited to a spoofed number) constitutes a violation of the Agreement and a public safety hazard. In the event the Customer is unable to speak during a 911 call our operator will automatically dispatch emergency services to the address registered on file. If the Customer dials 911 when they are outside of Canada or the United States our emergency services operator will advise them to hang up and find a local phone line and dial the appropriate emergency services (it may not be 911).

Power or Broadband Outage

A power failure or disruption may require the Customer to reset or reconfigure equipment prior to using the service. Power disruptions or failures or ISP (Internet Service Provider) outages or partial outages or Services suspension / disconnection, are likely to prevent dialing to emergency service numbers including 911. In the events listed above the Customer may need to access a traditional phone or cellular phone to make an emergency call. The Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or related equipment, including without limitations, improper modification or any tampering with their computer or related software or hardware, the 911 Service may not function; the Customer will continue to be billed for the Services (including the 911 Service) until the Customer or Acronym terminate the Services in accordance with this Agreement.

Informing Others of the 911 Service Limitations

Customer must inform any persons who may be present at the physical location where the Customer utilizes the 911 Service of the limitations of the 911 Service as compared with traditional 911 service, as set out above. If the Customer is not comfortable with the limitations of the 911 Service the Customer should arrange an alternate means of accessing traditional 911 services.

Express Consent

Before Services commence, the Customer must provide express consent by which the Customer acknowledges their understanding of the 911 Service limitations as compared to an E911 service, as directed in Telecom Decision CRTC 2005-21, and using one of the approved methods of obtaining express consent as detailed Telecom Decision CRTC 2005-15.

Customer Notification

The Customer agrees to cooperate with Acronym in complying with the customer notification obligations as set out in CRTC Decision 2005-61.

Customer’s Physical Address

The Customer must provide Acronym with the Service Address for each activated and/or ported DID and/or charge number as applicable and ensure information for each location is kept current at all times.

Changes to Customer’s Physical Address

Acronym will contact Customers each time they change their billing address to confirm their most likely physical address for emergency purposes and to provide each Customer with the ability to update their most likely physical address online as directed in Telecom Decision CRTC 2010-387.

Use and Resale of 911 Service

The 911 Service is for the Customer’s use only. The Customer agrees that it shall not resell the 911 Service to any other party.

Anonymous 911 Calls

The Customer agrees to ensure anonymous 911 calls are not made or routed through the Network.

Use and Resale of 911 Service

Acronym will contact Customers each time they change their billing address to confirm their most likely physical address for emergency purposes and to provide each Customer with the ability to update their most likely physical address online as directed in Telecom Decision CRTC 2010-387.

Anonymous 911 Calls

The Customer agrees to ensure anonymous 911 calls are not made or routed through the Network.

Limitation of Liability and Indemnification Pertaining to 911 Service

Acronym and its 911 Service provider shall not be liable to the Customer for any damages, claims or losses arising from or relating to the absence, failure or outage of the 911 Service, including but not limited to the inability of a Customer or any third party or user of a Customer’s 911 Service to dial 911, inability to access emergency service personnel, and/or for any misroutes of 911 calls through the 911 Service (each a “911 Service Claim”), except to the extent that the 911 Service Claim was a result of a Acronym’s or its 911 Service provider’s breach of the Agreement, its negligent acts or omissions and/or its willful misconduct. Except to the extent caused by Acronym’s or its 911 Service provider’s breach of the Agreement, its negligent acts or omissions and/or its willful misconduct, and notwithstanding any other terms of the Agreement, the Customer agrees to indemnify and hold harmless Acronym and its 911 Service provider and each of their shareholders, and their respective officers, directors, employees, agents, and legal representatives, to a maximum total amount of one million dollars ($1,000,000.00CAD), from any and all claims, losses, damages, fines, penalties, costs, expenses, legal fees, etc., incurred by, or on behalf of, the Customer or any third party, arising from or relating to a 911 Service Claim.

Acknowledgement

By signing the CSA and the Special Terms that this Schedule is attached to, the Customer acknowledges that it has read and understood the terms and conditions contained in this 911 Service Schedule and agrees to adhere and fulfill all obligations set forth herein. The Customer hereby provides its express consent and acknowledges its understanding of the 911 Service limitations as compared to an E911 service.