Emergency (911) Services Conditions and Limitations

YOUR SAFETY IS OF THE UTMOST IMPORTANCE TO NET2PHONE. THIS IS WHY NET2PHONE'S VOICELINE 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 NET2PHONE'S VOICELINE IS FUNDAMENTALLY DIFFERENT IN SEVERAL IMPORTANT WAYS FROM TRADITIONAL WIRELINE AND WIRELESS 911 EMERGENCY ACCESS SERVICES. VOICELINE'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. NET2PHONE AND ITS THIRD PARTY UNDERLYING PROVIDERS CANNOT GUARANTEE THE RELIABILITY OF THE 911-TYPE DIALING FEATURES OF YOUR SERVICE. NET2PHONE'S LIMITED 911-TYPE SERVICE IS AVAILABLE ONLY ON NET2PHONE AUTHORIZED DEVICES AND WITH NET2PHONE SERVICES AS DESCRIBED HEREIN. YOU MUST PROPERLY ACTIVATE AND INSTALL YOUR MULTIMEDIA TERMINAL ADAPTOR MTA, OR DEVICE ("MT" OR"DEVICE") AND ENSURE THAT THE INFORMATION YOU PROVIDE TO NET2PHONE 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 VOICELINE'S 911-TYPE DIALING AND THE NON-AVAILABILITY OF TRADITIONAL 911 SERVICES FROM YOUR MTA AND SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT NET2PHONE HAS APPRISED YOU OF THE CONDITIONS AND LIMITATIONS OF THE EMERGENCY (911) SERVICES AS SET FORTH HEREIN. NET2PHONE STRONGLY RECOMMENDS THAT YOU ALWAYS MAINTAIN AN ALTERNATE MEANS OF REACHING AN EMERGENCY (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 where applicable) 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 and/or ISP or by Net2Phone will prevent ALL Service including emergency (911) dialing. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including emergency (911) dialing.

Use of TDD or TTY Devices
Your emergency 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 Net2Phone nor Net2Phone's third party providers, hold themselves out as providing or enabling Net2Phone to provide emergency services compatible with any TDD/TTY or other hearing impaired devices.

Connecting Your MTA
The emergency (911)-type service will not function unless you have successfully configured and connected your MTA and provided accurate and updated information to Net2Phone. Even if you properly connect your MTA and receive a dial tone, there may still be a delay in time when your emergency (911)-type dialing feature is fully activated. You cannot dial emergency (911) 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 Device at your Service Address and each Device has a different number, you must make sure that the Service Address corresponds to each number where your Device is physically located. If you move your 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. Net2Phone does NOT recommend that you use the Device to dial emergency access services if you move your Device away from your registered Service Address. You acknowledge and understand that neither Net2Phone 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 registered Service Address.

Changing Your Service Address and Use of Service Outside the United States and Canada
If you want to change your registered Service Address, you must contact Net2Phone's Customer Service at 1-800-455-4185 to update your address and determine whether emergency (911)-type services are available at the new location. Emergency (911)-type dialing is not available in all service areas. Emergency (911)-type service will NOT function outside of the United States or Canada. If Emergency (911)-type service is available at your new Service Address, it may be necessary for Net2Phone to assign a new phone number to you.

Network Congestion
There is a greater possibility of network congestion and/or reduced speed in the routing of an emergency (911) call made from your Net2Phone VoiceLine Service as compared to traditional 911 dialing over wireline or wireless public telephone networks.

Automated Number Identification
The emergency dispatcher or administrative operator may not be able to identify your phone number when you dial emergency (911) using Net2Phone VoiceLine. 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 Net2Phone VoiceLine 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)
Emergency personnel will be dispatched to your registered Service Address. This may or may not be the actual physical location of your MTA if you registered an incorrect or false Service Address or moved the MTA without updating your registered Service Address with Net2Phone. 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 need a phone number to use to call you back. 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 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 Net2Phone's Conditions and Limitations of Emergency (911) Services, you hereby waive any claim against Net2Phone and Net2Phone's third party providers in connection with your Net2Phone 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 use of the Net2Phone Services and MTA.

Local Number Portability
The Conditions and Limitations of Emergency (911) Services as described in this agreement apply even if you are porting your number to your Net2Phone VoiceLine service. If your MTA is not yet activated as of the Port Effective Date (the date on which your phone service is transferred to Net2Phone VoiceLine), 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 Net2Phone via e-mail following your completion of the ordering process.

Limitation of Liability and Indemnification
You acknowledge that Net2Phone's VoiceLine'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 further acknowledge that the emergency (911) services hereunder may not work under all circumstances and is not as reliable as traditional 911 and E911 dialing.

YOU ACKNOWLEDGE AND UNDERSTAND THAT NET2PHONE'S ENTIRE LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE EQUIPMENT AND SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL NET2PHONE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR UNDERLYING SERVICE PROVIDERS BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF NET2PHONE'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 NET2PHONE (INCLUDING, BUT NOT LIMITED TO CLAIMS OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM THE FAILURE OF NET2PHONE VOICELINE'S 911-TYPE DIALING AND/OR INABILITY OF YOU OR ANY USER OF YOUR NET2PHONE VOICELINE 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 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 NET2PHONE OR ITS UNDERLYING SERVICE PROVIDERS. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NET2PHONE, 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 NET2PHONE VOICELINE SERVICE.

Release
By purchasing Net2Phone VoiceLine 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 Conditions and Limitations of Emergency (911) Services contained herein) and that you hereby expressly release Net2Phone, its affiliates, directors, officers, employees, agents and underlying service providers from any and all liability associated with your use of Neet2Phone VoiceLine Services (including the Conditions and Limitations of Emergency (911) Services for customers receiving Net2PHone VoiceLine Emergency (911) Service).

Sole Remedy
Your sole and exclusive remedies are expressly set forth in the Terms of Use Agreement including these Conditions and Limitations of Emergency (911) Services. 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 Net2Phone, its directors, officers, employees, affiliates, agents and underlying service providers shall be limited to the maximum extent permitted by law.

Copyright 2006, Net2Phone, Inc. All Rights Reserved.

Last Modified: August 7, 2006.