Customer Proprietary Network Information.  In the normal course of providing services to its users and customers, Provider collects and maintains certain customer proprietary network information (“CPNI”) typical to the industry.  CPNI includes the types of telecommunications and interconnected VoIP services Customer currently purchases or subscribes to, how Customer uses those services (for example, Customer’s calling records), and billing information related to those services.  Customer’s Provider telephone number, name, and address do not constitute CPNI.  Provider does not sell, trade, or otherwise share Customer’s CPNI with anyone outside of Provider and those parties authorized to represent Provider to offer Provider’s services or to perform functions on Provider’s behalf related to Provider’s services, except as the law may require or Customer may authorize.  Federal law generally permits Provider to use CPNI in its provision of the telecommunications and interconnected VoIP services Customer purchases or subscribes to, including billing and collections for those services.  Provider may also use or disclose Customer CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect Provider’s rights or property, to protect against the unlawful use of Provider services, or to protect other users.

Customer may elect to prohibit Provider’s use of Customer’s CPNI to market services other than services of the same type that Customer already purchases from Provider by providing Provider with Customer’s “opt-out” notice within thirty (30) calendar days of Customer’s Service commencement via an email to internet@myjec.coop.  If Customer fails to do so within such timeframe, Customer will be deemed to have given Provider consent to use Customer’s CPNI to market services other than services of the same type that Customer already purchases from Provider.  Restricting Provider’s use of Customer CPNI will not affect Provider’s provision of any service, nor will it necessarily eliminate all types of Provider marketing. 

911 limitations and restrictions.  the Service includeS a 911/E911 ACCESS component.  THE SERVICE’s 911/ E911 ACCESS COMPONENT DOES NOT HAVE THE SAME FUNCTIONALITY OR AVAILABILITY AS THAT ASSOCIATED WITHTRADITIONAL WIRELINE 911/ E911 SERVICES and is subject to certain limitations and restrictions including those described herein.  CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICE OF THE 911/ E911 LIMITATIONS DESCRIBED HEREIN.  Customer acknowledges, and is hereby on notice, that the 911/ E911 ACCESS portion of THE Service will not function or will not function properly for any of the reasons detailed BELOW and represents and warrAnts it has BEEN INFORMED BYProvider OF THE REASONS TO HAVE at least one backup method of accessing 911/e911 service, such as a circuit-switched TDM telephone or CELLULAR telephone, per custmomer location.

1. Loss or interruption of electrical power to Customer’s VoIP telephone, its ATA, Modem, Router, Switch or any other devices in the critical path from Customer’s VoIP handset to the Provider switching center at the user’s location.  The user will not be able to use the Service for calls (including “911”) during such a power interruption or outage.  Following the power interruption or outage, users may find it necessary to reset or reconfigure the Service prior to being able to use the Service for making and receiving calls, including “911” calls.
2. Loss or interruption of Internet access at the user’s location.
3. Failure of the user’s broadband or VoIP hardware (including without limitation Phones).
4. Failure of the user’s broadband or VoIP software (including without limitation soft phones).
5. Improperly installed or configured user broadband or VoIP hardware.
6. Improperly installed or configured user broadband or VoIP software (including without limitation soft phones).
7. Suspension, disconnection, or termination of the Service for any reason, including without limitation (i) for failure to pay or default, or (ii) failure of the Service to function for any reason.
8. Customer failed to provide Provider with any physical location of the Provider served VoIP handset-user, or failed to provide the correct physical location of same (i.e., the address is incorrect, incomplete, abbreviated, or misspelled).
9. Customer failed to update the user’s physical location with Provider when the user moved or changed location/address.
10. The user attempts a 911 call via a Provider served VoIP handset from a location/address different than the location/address registered with Provider.
11. For  the purposes herein (911/E911), the terms location and address shall be understood to designate information necessary to generate a proper Automatic Location Identification record ensuring proper routing to and from the proper PSAP for the call’s originating location.  Such location and address may include but not necessarily limited to the street name and number, building, unit, and zip code (e.g. Unit B-22, 1111 North Main Street, Anywhere, State, 99999).  

11.2  REQUIREMENT TO REGISTER AND UPDATE LOCATION INFORMATION.  CUSTOMER IS REQUIRED TO REGISTER THE PHYSICAL LOCATION OF EACH USER’S EQUIPMENT (PHONE OR SOFTPHONE) WITH Provider UPON ORDERING THE SERVICE AND UPON ADDING A USER/ USERS TO AN EXISTING Provider SUBSCRIPTION VIA ENTERING THE PHYSICAL LOCATION OF THE USER IN THE ONLINE ORDER FORM.  CUSTOMER IS REQUIRED TO IMMEDIATELY UPDATE EACH USER’S LOCATION WHENEVER THE PHYSICAL LOCATION OF SUCH USER’S EQUIPMENT CHANGES VIA THE SETTINGS PAGE ON CUSTOMER’S WEB-BASED USER PORTAL OR, WITH RESPECT TO SOFTPHONES, VIA THE SETTINGS PAGE ON THE SOFTPHONE. CUSTOMER ACKNOWLEDGES THAT THE PHYSICAL LOCATION REGISTERED FOR THE USER’S EQUIPMENT WILL BE THE LOCATION TRANSMITTED TO THE EMERGENCY CALL TAKER, AND THATProvider’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE THEN-CURRENT REGISTERED PHYSICAL LOCATION FOR THE USER’S EQUIPMENT.  IF CUSTOMER DOES NOT ACCURATELY IDENTIFY A USER’S LOCATION UPON ORDERING THEProvider SERVICE AND/OR DOES NOT UPDATE SUCH INFORMATION WHEN THE USER’S LOCATION CHANGES, 911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT EMERGENCY CALL TAKER.  WHEN CUSTOMER NOTIFIESProvider OF A CHANGE IN THE REGISTERED LOCATION OF A USER, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAIALABLE TO ROUTE 911 CALLS AND TO ADVISE THE APPROPRIATE EMERGENCY CALL TAKER OF THE NEW REGISTERED LOCATION.

11.3  WARNING LABELS. Provider WILL PROVIDE CUSTOMER WITH LABELS WARNING THAT THE 911/ E911 COMPONENT OF THE SERVICE MAY BE LIMITED OR NOT AVAILABLE.  CUSTOMER AGREES TO PLACE SUCH LABELS ON OR NEAR THE EQUIPMENT USED IN CONJUNCTION WITH THE SERVICE.  IN THE EVENT CUSTOMER DOES NOT RECEIVE LABELS OR REQUIRES ADDITIONAL LABELS, CUSTOMER SHOULD CONTACTProvider VIA EMAIL TO INTERNET@MYJEC.COOP.

11.4  ADDITIONAL 911/ E911 LIMITATIONS.  THE LOCAL EMERGENCY CALL TAKER RECEIVING THE 911 CALL MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN NUMBER OR LOCATION INFORMATION.  THEREFORE THE EMERGENCY CALL TAKER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE USER MAKING THE 911 CALL WHICH MAY DELAY OR PREVENT EMERGENCY SERVICES.  DUE TO TECHNICAL FACTORS IN NETWORK DESIGN AND IN THE EVENT OF NETWORK CONGESTION THERE IS A POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL, WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL, WIRELINE 911 SERVICES.

11.5  911/ E911 LIMITATION OF LIABILITY/ INDEMNITY. Provider AND its affiliates, officers, directors, employees, consultants, agents, LICENSORS, suppliers, and resellers WILL HAVE NO LIABILITY to CUSTOMER, ITS USERS, OR ANY THIRD PARTY FOR, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION, ARISING OUT OF OR RELATED TO, CUSTOMER, ITS USERS, OR ANY THIRD PARTY’S INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER OR TO ACCESS AN EMERGENCY SERVICE OPERATOR OR EMERGENCY SERVICES. Customer hereby releases and agrees to indemnify, defend, and hold harmlessProvider, its affiliates, officers, directors, employees, consultants, agents, LICENSORS, suppliers, and resellers from any and all claims, liability, damages, losses, expenses, and/ or costs (including but not limited to attorneys fees and cost of suit) BY OR ON BEHALF OF CUSTOMER OR ANY THIRD PARTY OR USER arising from or related to the failure of 911/E911 to function or function properly orProvider’s provision of 911/ E911 services or failure to provide access to 911/ E911 services.