Spectrum Enterprise v.180530 CONFIDENTIAL Page 17 of 26
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<br />Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or other
<br />monitoring service provider or any failure or fault relating to Customer Equipment, facilities or services, the use of third-party
<br />enterprise 911 solutions, or Customer’s attempt to access Communications Service from a remote location.
<br />d. In some geographic areas, Communications Service does not provide the capability to support E911 service from any location
<br />other than the Service Location. In those areas, if Customer intends to assign telephone numbers to one or more locations other
<br />than the Service Location, Customer shall obtain from the incumbent LEC, a competitive LEC, or Spectrum a local telephone
<br />line or lines and ensure that (i) the address(es) associated with the additional location(s) are loaded into the 911 database by
<br />the provider of the local telephone line(s) such that 911 calls will deliver to the 911 answering point the actual location and
<br />address of the 911 caller and (ii) all 911 calls originated from the additional location(s) are transported and delivered over those
<br />local telephone lines. IN SUCH AREAS, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS
<br />SPECTRUM, ITS AFFILIATES, ITS SERVICE PROVIDERS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS,
<br />DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND
<br />EXPENSES, INCLUDING REASONABLE ATTORNEYS’ AND OTHER PROFESSIONALS’ FEES, ARISING OUT OF OR
<br />RELATING TO 911 CALLS MADE BY END USERS OF THE COMMUNICATIONS SERVICE FROM LOCATIONS OTHER
<br />THAN THE SERVICE LOCATION.
<br />e. Customer shall not use the Communications Services, or allow the Communications Services to be used, (i) to provide 911 or
<br />E911 services; (ii) route 911 or E911 traffic to any public safety answering point, statewide default answering point, or appropriate
<br />local emergency authority or emergency responders; or (iii) for any automatic location information services related to E911 or in
<br />any other manner that would cause, or be likely to cause, Spectrum to qualify as a “Covered Service Provider” as defined in 47
<br />C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. Any breach of this provision
<br />shall constitute a material breach of the Service Agreement.
<br />f. CUSTOMER ACKNOWLEDGES THAT SPECTRUM’S “ANYWHERE CONNECT” OR OTHER SOFTPHONE SOFTWARE OR
<br />APPLICATIONS (COLLECTIVELY “SOFTPHONE APPLICATIONS”) ARE NOT A REPLACEMENT FOR MOBILE OR FIXED
<br />LINE VOICE SERVICES. SOFTPHONE APPLICATIONS DO NOT PERMIT END USERS TO MAKE 911 OR OTHER
<br />EMERGENCY CALLS. CUSTOMER SHALL PROVIDE ALTERNATIVE COMMUNICATION OPTIONS TO ENABLE END
<br />USERS TO MAKE 911 AND OTHER EMERGENCY CALLS WHEN USING SPECTRUM’S SOFTPHONE APPLICATIONS.
<br />7. Custom Caller-ID (Voice Services only): If Customer activates Custom Caller ID for Trunks, which permits a customer to define the
<br />telephone 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 Equipment
<br />solution that ensures that 911 and other emergency calls placed by an end user are routed to an appropriate public safety answering
<br />point or other responding agency based on the caller’s location, in a manner consistent with applicable law. If Customer activates
<br />Custom Caller ID, they must configure their PBX to out-pulse a telephone number that is active in their Spectrum account and
<br />accurately identifies the Service Location for all outbound emergency 911 calls to be handled by that PBX. By activating Custom
<br />Caller ID for Trunks, Customer represents and warrants that it employs such a Customer Equipment solution and agrees to continue
<br />using such a solution until Customer discontinues its use of Custom Caller ID for Trunks. Telemarketers or other entities using
<br />Custom Caller ID for Trunks must comply with applicable federal and state laws, including obligations requiring identification of: (i)
<br />the telemarketer or the party on whose behalf the telemarketing call is made and (ii) the calling party’s number (“CPN”), automatic
<br />number 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 used by any
<br />person or entity in connection with any unlawful purpose.
<br />8. Access: Customer agrees to provide Spectrum and its authorized agents with access to Customer’s internal telephone or local area
<br />network wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and
<br />operation of Communications Service over existing wiring. Customer hereby authorizes Spectrum to make any requests to
<br />Customer’s landlord, building owner and/or building manager, as appropriate, and to make any requests to other or prior
<br />communications service providers, as necessary and appropriate, to ensure that Spectrum has all access to inside wiring and cabling
<br />necessary and sufficient to efficiently and securely install Communications Service and all related Spectrum Equipment. The agents
<br />and employees of Spectrum shall have the right to enter the Service Location at any reasonable hour for the purpose of installing,
<br />inspecting, maintaining or repairing Spectrum Equipment, instruments and/or lines, or upon termination of the Communications
<br />Service, for the purpose of removing such Spectrum Equipment, instruments and/or lines.
<br />9. Exclusively for Businesses: Communications Services are offered to businesses only and are not available for residential use.
<br />10. Customer Equipment: Spectrum’s obligation is to provide Communications Services to the customer-accessible interface device or
<br />equipment installed by Spectrum at the Spectrum Network Demarcation Point at the Service Location. The “Demarcation Point” is
<br />the point of interconnection between the Spectrum Equipment or other facilities and the wiring at the Service Location. Customer is
<br />responsible for ensuring that all such Customer Equipment conforms to the Federal Communications Commission's requirements
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