911 Notification

IMPORTANT NOTIFICATION IN CONNECTION WITH 9-1-1 DIALING SERVICES USING KCNET DIGITAL PHONE SERVICE

KCnet provides you local regional and long distance phone services over your broadband connection. There is one important difference between the KCnet Digital Phone service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with KCnet has important limitations that you should be aware of and that you advise others that may use the KCnet service in your residence or business.

YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE KCnet Digital Phone SERVICE.

IF YOU MOVE THE LOCATION OF WHERE YOU USE THE KCnet Digital Phone SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION. ADDITIONALLY, IF 9-1-1 IS DIALED AT AN UNREGISTERED ADDRESS, YOU MAY BE ASSESSED A FEE OF $75.00 PER OCCURRENCE.

Additional limitations are as follows:

• If you lose power or there is a disruption to power at the location where KCnet Digital Phone Service is used, neither KCnet Digital Phone Service nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the KCnet Digital Phone Service device prior to utilizing the service, including the 9-1-1 dialing feature.
• If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither KCnet Digital Phone Service nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.
• If your KCnet account is suspended or terminated, the KCnet Digital Phone service outage will prevent the 9-1-1 dialing feature from functioning.
• There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing KCnet Digital Phone Service as compared to traditional 911 dialing over traditional public telephone networks.

Labels will be sent to your billing address that must be placed on or near all equipment that is used to make calls using the KCnet Digital Phone service so that you or others using the equipment are reminded or advised of the limitations of the 9-1-1 dialing feature.

You are responsible for the accuracy and the completeness of the address that you submit to KCnet for the location at which KCnet Digital Phone Service will be used and to which emergency service will be sent in the event that you use the KCnet Digital Phone 9-1-1 dialing service. You are responsible for updating and of the advising the Company of any and all changes to the address or location at which KCnet Digital Phone will be used. KCnet uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither KCnet, its officers, directors, stockholders, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to KCnet Digital Phone 9-1-1 dialing service unless such claims or causes of action arise from KCnet's gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless KCnet, its officers, directors, stockholders, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, KCnet Digital Phone 911 dialing feature or service or access emergency service personnel.