user of Voice Service that Spectrum voice -enabled customer premises equipment is electrically powered and, in the
<br />event of a power outage or Spectrum network failure, Voice Service and 911 may not be available. Customer shall
<br />distribute to all end users of Voice Service labels/stickers (to be supplied by Spectrum) and Instruct all end users of
<br />Voice Service to place them on our near the equipment used in conjunction with Voice Service. The location and
<br />address associated with Voice Service will be the address identified on the Service Order (the "Service Location"),
<br />b. Customer Is not permitted to move Spectrum Equipment from the Service Location In which it has been Installed. If
<br />Customer moves the voice -enabled cable modem or IAD to an address other than the Service Location Identified on
<br />the Service Order, calls from the modem or IAD to 911 will appear to 911 emergency service operators to be coming
<br />from the Service Location Identified on the Service Order and not the new address. Customer shall be solely responsible
<br />for directing emergency personnel at the customer premises at each Service Location.
<br />c. In some geographic areas, Voice Service does not provide the capability to support Enhanced 911 service from
<br />multiple locations or from a location other than the Service Location. In those areas, If Customer Intends to assign
<br />telephone numbers to one or more locations other than the Service Location, Customer shall obtain from the Incumbent
<br />LEC, a competitive LEC, or Spectrum a local telephone line or lines and ensure that (1) the address(es) associated
<br />with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that
<br />911 calls will deliver to the 911 answering point the actual location and address of the 911 caller and (2) all 911 calls
<br />originated from the additional location(s) are transported and delivered over those local telephone lines. IN SUCH
<br />AREAS, CUSTOMER FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPECTRUM, ITS
<br />AFFILIATES, ITS SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
<br />EMPLOYEES AND AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND
<br />EXPENSES, INCLUDING REASONABLE ATTORNEYS' AND OTHER PROFESSIONALS' FEES, ARISING OUT OF
<br />OR RELATING TO 911 CALLS MADE BY END USERS OF THE VOICE SERVICE FROM LOCATIONS OTHER THAN
<br />THE SERVICE LOCATION.
<br />d. Customer will be notified by Spectrum as to whether the Voice Service to which Customer subscribes Includes the
<br />capability to support Enhanced 911 service from multiple locations or from a location other than the Service Location.
<br />Customer agrees that Spectrum will not be responsible for any losses or damages arising as a result of the
<br />unavailability of Voice Service, including the Inability to reach 911 or other emergency services, the Inability to contact
<br />a security system or remote medical or other monitoring service provider or any failure or fault relating to Customer -
<br />provided equipment, facilities or services. the use of third -party enterprise 911 solutions, or Customer's attempt to
<br />access Voice Service from a remote location.
<br />e. By purchasing the Services, Customer certifies that Customer shall not use the Services, or allow the Services to be used: 1) to
<br />provide 911 or E911 services; it) route 911 or E911 traffic to any public safety answering point, statewide default answering
<br />point, or appropriate local emergency authority or emergency responders; or iii) for any Automatic Location Information
<br />services related to E911. in addition, Customer shall not use the Services, or allow the Service to be used, Ina manner that
<br />would cause, or be likely to cause, Spectrum to qualify as a "Covered Service Provider' as defined in 47 C.F.R. §12.4 or any
<br />successor rules of the Federal Communication Commission ("FCC"). Any breach of this provision shall constitute a material
<br />breach of this Agreement and Spectrum shall have the Immediate right, without notice or penalty, to Terminate this Agreement
<br />or, in Spectrum's sole discretion, suspend Services to Customer.
<br />2. Customer Caller -ID: If Customer activates Custom Caller ID for Trunks, which permits a customer to define the telephone
<br />number that Spectrum makes available to call recipients for Caller ID purposes, the telephone number chosen must be
<br />active and assigned to Customer. Custom Caller ID for Trunks may be used only where Customer employs a customer
<br />premises equipment solution that ensures that 911 and other emergency calls placed by an end user are routed to an
<br />appropriate public safety answering point or other responding agency based on the caller's location, In a manner consistent
<br />with applicable law. If Customer activates the Customer Caller ID feature, they must configure their PBX to out -pulse a telephone
<br />number that Is active In their Spectrum account and accurately identifies the service location/address for all outbound emergency
<br />911 calls to be handled by that PBX. By activating Custom Caller ID for Trunks, Customer represents and warrants that it
<br />employs such a customer premises equipment solution and agrees to continue using such a solution until Customer
<br />discontinues its use of Custom Caller ID for Trunks. Telemarketers or other entitles using Custom Caller 10 for Trunks must
<br />comply with applicable federal and state laws, including obligations requiring Identification of: (1) the telemarketer or the
<br />party on whose behalf the telemarketing call is made and (it) the calling party's number ("CPN"), automatic number
<br />Identification ("ANI"), or customer service number of the party on whose behalf the telemarketing call is made. The use of
<br />substitute or fictitious CPN, ANI, or other calling party Information is prohibited. Custom Caller ID for Trunks may not be
<br />used by any person or entity in connection with any unlawful purpose.
<br />3. MonitoringfAlarm Systems: Customer acknowledges that Spectrum does notguarantee that Voice Service will operate
<br />with alarm, security, medical and/or other monitoring systems and services or Customer -provided equipment, facilities and
<br />services ("Alarm Services"). Customer must ensure that all Alarm Services and related signal transmission services are
<br />tested to validate that they remain fully operational after installation of Voice Service. Customer is solely responsible for
<br />obtaining such testing from the appropriate Alarm Service providers, ensuring that such testing is completed in a timely
<br />Commercial Bulk Services Agreement v.161213 CONFIDENTIAL Page 16 of 31
<br />02016 Charter Communications. All Rights Reserved.
<br />Lynne P. Bell
<br />E -signed 2017.12.0711:02PM PST
<br />iynne.bett@chalter. conn
<br />Document Integrity Verified i MA be smn cs¢enraa,am,,,,,uarwmw,
<br />
|