Special Provisions Applicable to IP Phone Services

In certain instances, the IP Phone Service provides phone communications through IP packets that are carried over an
IP network (“VoIP”). The Service includes direct-dialed calling and certain advanced features. Eastex reserves the
right to offer, modify or discontinue features or advanced features, and may require additional costs for features, in
Eastex’s discretion. The Service is not mobile or nomadic and will function only in your home or other installed service location.

When you accept the IP Phone Service, you become the main account holder for each telephone number assigned to
the Service and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently.

For IP Phone Service, non-recurring and usage-based charges generally billed in the billing cycle following the
transaction include, but are not limited to, international calling (including surcharges for international termination to a
wireless phone number), Operator Services, Directory Assistance, call trace, and overage minutes associated with
defined minutes-of-use plans. Partial minutes are rounded up for per-minute usage charges.

IP Phone Service requires telephones which you supply. You agree that neither you nor any third party will move
Equipment used for IP Phone Service within your premises or to any other physical location outside of the premises
where it was installed by Eastex.

You also acknowledge that Eastex may establish general practices and limits concerning use of the IP Phone Service and may restrict calls to certain area codes (e.g., 900/976 calls) as determined by Eastex. You acknowledge that Eastex also reserves the right to log off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that Eastex reserves the right to change its general practices and limits at any time without advance notice.

Local Number Portability. In the event you are transferring an existing non-Eastex phone number to Eastex for your IP Phone Service (i.e., porting a number to telephone and long distance service), you authorize Eastex to process your order for telephone and long distance service and to notify your existing provider of your decision to switch your local, local toll, and long distance services to IP Phone Service, and you represent that you are authorized to take this action.

Not all telephone numbers are eligible for porting to IP Phone Service.

BECAUSE THE IP PHONE SERVICE IS DEPENDENT ON THE IP NETWORK, THE AVAILABILITY OF AN
ADEQUATE POWER SUPPLY, AND CORRECT EQUIPMENT CONFIGURATION, EASTEX DOES NOT
GUARANTEE THAT IP PHONE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACKNOWLEDGE AND
UNDERSTAND THAT EASTEX CANNOT GUARANTEE THAT THE IP PHONE SERVICE IS COMPLETELY SECURE.

YOU ACKNOWLEDGE AND UNDERSTAND THAT IP PHONE SERVICE REQUIRES ELECTRICAL POWER TO
FUNCTION AND THAT YOU THEREFORE MUST AT ALL TIMES MAINTAIN A WORKING BACKUP BATTERY FOR
THE EQUIPMENT.

IP Phone 911 Limitations. YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF 911 SERVICE OVER IP PHONE SERVICE AND THE DISTINCTIONS
BETWEEN 911 SERVICE OVER IP PHONE SERVICE VERSUS 911 SERVICE OVER TRADITIONAL TELEPHONE
SERVICE. YOU AGREE TO ADVISE ALL INDIVIDUALS WHO MAY PLACE CALLS OVER IP PHONE SERVICE OF
THE 911 LIMITATIONS DESCRIBED BELOW.

EASTEX MAKES NO WARRANTY THAT IP PHONE SERVICE FOR ACCESS TO 911 WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE OR THAT BATTERY BACKUP POWER WILL BE SUFFICIENT TO
MAINTAIN THE SERVICE THROUGHOUT ANY AND/OR ALL POWER OUTAGES.

911 SERVICE OVER IP PHONE SERVICE IS ONLY AVAILABLE AT YOUR SERVICE ADDRESS, WHILE
CONNECTED TO PROPERLY POWERED EQUIPMENT AND AFTER TELEPHONE AND LONG DISTANCE HAS
BEEN ACTIVATED.

911 SERVICE OVER IP PHONE SERVICE WILL NOT FUNCTION IF YOUR EQUIPMENT FAILS OR IS NOT
CONFIGURED CORRECTLY OR IF YOUR IP PHONEE IS INTERRUPTED OR NOT FUNCTIONING FOR ANY
REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE (UNLESS YOU HAVE
WORKING BACK-UP BATTERY POWER), NETWORK OUTAGE, OR DISCONNECTION OF YOUR SERVICE
BECAUSE OF BILLING ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR
RECONFIGURE THE EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICES, INCLUDING USE FOR
911 CALLING. YOU ACKNOWLEDGE THAT EASTEX STRONGLY RECOMMENDS YOU MAINTAIN AT ALL
TIMES AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES, SUCH AS VIA TRADITIONAL TELEPHONE
SERVICE.

YOU ACKNOWLEDGE AND UNDERSTAND THAT EASTEX WILL NOT BE LIABLE FOR ANY LOSSES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING YOUR IP PHONE SERVICE OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT AND/OR THE CHARACTERISTICS, LIMITATIONS, AND/OR FAILURE OF THE 911 NETWORK ITSELF.

WITHOUT LIMITING ANY PROVISIONS OF THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, AND
HOLD HARMLESS EASTEX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS,
EMPLOYEES, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION
WITH THE IP PHONE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR
REVENUE), LIABILITIES, DAMAGES, FINES, PENALTIES, DEMANDS, ACTIONS, COSTS, AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF, YOU OR
ANY THIRD PARTY OR USER OF THE EASTEX IP PHONE SERVICE, REGARDLESS OF THE NATURE OF THE
CLAIM, INCLUDING WITHOUT LIMITATION CLAIMS RELATED TO 911 DIALING, ARISING FROM OR IN
CONNECTION WITH ANY FAILURE OR OUTAGE OF THE IP PHONE SERVICE OR ANY FAILURE OR OUTAGE
OF THE 911 NETWORK ITSELF.

Home Alarm and Other Device Compatibility. Monitored fire alarm and burglar alarm systems and medical
monitoring devices may not be compatible with IP Phone Service.

If you have or purchase a monitored fire alarm or burglar alarm system or a medical monitoring device that you intend to use with the IP Phone Service as the communications pathway, you agree to contact your provider for those systems/devices to determine compatibility with IP Phone Service and to arrange for your provider to test such systems/devices after installation of IP Phone Service. You also acknowledge and understand that even if such systems and devices are compatible with IP Phone Service, they will not be able to communicate with monitoring stations during a power outage unless you maintain battery backup power for the IP Phone Service as described in this Agreement. If you purchase a monitored burglar alarm or monitored fire alarm system after the Service has been installed, you also agree to call Eastex prior to installation of any such system. Subsequent installation of these systems may require rewiring of the IP Phone Service, which may also result in time and material charges. (Eastex does not provide support for, or re-wiring of the IP Phone Service in support of, medical monitoring systems or devices).

EASTEX MAKES NO WARRANTY THAT (i) IP PHONE SERVICE USED AS A COMMUNICATIONS PATHWAY FOR
MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS
OR DEVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE SERVICE WILL BE
COMPATIBLE WITH ANY PARTICULAR OR ALL MONITORED BURGLAR ALARM(S), MONITORED FIRE
ALARM(S), OR MEDICAL MONITORING SYSTEM(S) OR DEVICE(S), OR (iii) BATTERY BACKUP POWER WILL
BE SUFFICIENT TO MAINTAIN THE SERVICE THROUGHOUT ANY AND/OR ALL POWER OUTAGES.

BY ACCEPTING THE SERVICES, YOU USE IP PHONE SERVICE AT YOUR OWN RISK AND WAIVE ANY CLAIM
AGAINST EASTEX FOR INTERFERENCE WITH OR DISRUPTION OF A MONITORED FIRE ALARM OR BURGLAR ALARM SYSTEM, A MEDICAL MONITORING DEVICE, OR OTHER SUCH SYSTEMS OR DEVICES DUE TO THE IP PHONE SERVICE.