Thank you for visiting our website. SRU Communications (hereinafter referred to as “SRU,” "us" or “we”) is committed to protecting and respecting your privacy. Your privacy is important to us, and this policy will walk you through our practices and how we safeguard your information and use any information you provide us, as well as explain your rights and how to contact us.
Your personal information
We collect and process some or all of the following types of information from you in the course of your use of our website and/or by providing you our services:
Information we collect from other sources
We may also obtain personal data from publicly available listings, including, but not limited to:
When we disclose your information
We will disclose your information to third parties only for the purpose of completing tasks and providing services to you on our behalf. For example, to host our servers, we may pass your information to our third-party service providers, agents, subcontractors, and other associated organizations.
Other than as set out above, and to the degree that is necessary in order for us to carry out our obligations arising from any contracts entered into between you and SRU (such as credit card processing services, order fulfillment and other services), we will not share your data with third parties unless you have given consent for us to do so.
Use of your information
We rely on the following lawful bases for using your information:
We may use information held about you in the following ways:
Marketing
In addition to the above uses, we may use your information and, where you have given consent to permit selected third parties to use your information, to notify you about goods or services which may be of interest to you. With your information, we may contact you by electronic means (e-mail or SMS) only if you have consented to such communication. If you do not want us to use your data in this way, you may unsubscribe from our electronic communications using the method indicated in the relevant communication or inform us at any time by contacting us in accordance with the Contact section of this policy.
Securing your information
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access, including any procedures and security measures that may be required by law.
Paid Services
If you signed up for Paid Services, we obtain limited information about your payment card from our payment processor. Currently, our payment processor is Stripe. Stripe uses and processes your complete payment information in accordance with Stripe’s Privacy Policy.
Note that we do not collect any payment information when you subscribe to one of our services. We have an agreement with Stripe as our payment processor.
Data Transfers
Personal information that you submit while enrolling in or using our services or website may be transferred to countries other than where you live. Your personal information may be transferred to countries that do not have the same protection laws as the country where you provided the information.
We rely on a number of means to transfer personal information, which are subject to Chapter V of the European General Data Protection Regulation (“GDPR”). This includes:
Information about our use of cookies
Cookie Policy
Our website, like many other commercial websites, may use a standard technology called “cookies” to collect information about how our website is used.
Cookies are small strings of text that websites can send to your browser to identify your browser as one that has visited the website before. Cookies cannot retrieve any other data from your hard drive and cannot obtain your e-mail address or disseminate your personal identifiable information.
This is how we can distinguish you from other users of our website. This helps us provide you with a good and personal experience when you browse our website and to improve our website.
By using our website, you agree to our use of cookies.
Changes to our Privacy Policy and Cookie Policy
We reserve the right to modify these policies at any time. Any changes we may make to our policies in the future will be notified and made available to you using our website. Your continued use of the website and our services will be deemed your acceptance of our updated Privacy Policy and Cookie Policy.
Contact
Any questions, comments, or requests regarding our Privacy and/or Cookies Policy should be addressed to info@SRUcommunications.com.
SRU Communications is committed to providing reliable, high-quality service to support Clients using our service. This Service Level Agreement (SLA) outlines the minimum service a Client may expect from the SRU Product for the contracted term of the service.
The following SLA represents SRU’s sole responsibility and the Client’s sole remedy regarding SRU’s SLA and Voice Service Availability Guarantee.
DEFINITIONS
Client
Client shall mean an SRU Communications, SRU, customer who has executed a binding agreement for SRU Communications SRU service, excluding any Client whose account is, or during the period in question, was not in good financial standing with SRU Communications or is in violation of the terms and conditions or SRU’s acceptable use policy outlined in SRU’s Terms of Service.
The terms of this SLA take effect immediately upon the completion of the SRU’s Commit Date for service activation. In the month when a Client’s SRU service is terminated, the Customer is not eligible to receive credits for SRU Communications not meeting its service commitments for that month.
Service Fees
User Fees are priced per seat, per month for Call Center, Advanced, Standard and Basic to be paid by the Client for SRU phone extensions. Excluded fees consist of 800 number measured services, international rates, and additional Call Center levels.
Scheduled Maintenance
Scheduled Maintenance refers to normal maintenance scheduled for either preventative measures or the upgrade of SRU’s data network, voice network, and servers used to deliver SRU Services to the Client. SRU Communications makes every effort to conduct Scheduled Maintenance during our normal maintenance window of 12:01AM – 5:00AM EST. It is SRU’s policy to notify clients with as much advanced notice as possible by broadcast message and/or posting on the SRU.com website. Such effects related to Scheduled Maintenance shall not give rise to service credits outlined in this SLA.
Unscheduled Maintenance
Unscheduled Maintenance refers to urgent SRU Communications efforts to correct network conditions that are likely to cause service outages or severe network performance degradation impacting multiple Clients and requires immediate action. Unscheduled Maintenance may degrade the quality of service to include the possibility of outages. SRU’s policy is to notify the Client with as much advance notice as possible under the circumstance by broadcast message and/or posting on srutech.com prior to performing the maintenance. Such effects related to urgent Unscheduled Maintenance shall not give rise to service credits outlined in this SLA.
SERVICE LEVEL AGREEMENT
Voice Service Availability Guarantee
SRU Communications SRU product has a 100 percent uptime goal and a credit allowance will be given for interruptions in the SRU service preventing inbound or outbound calling on any or all phone extensions in excess of One minute for each seat affected. The time attributed toward Voice Service Unavailability begins when the Trouble Ticket reporting the outage is opened by the Client with SRU Customer Support and ends when the affected service is again operational. Two or more interruptions during any one 24-hour period will be combined into one cumulative interruption.
Length of Interruption Credit Per Seat Affected 1 minute to 1 hour = 1-day credit 1 hour 1 minute to 24 hours = 3 days credit 24 hours 1 minute or more = 15 days credit
The Voice Service Availability guarantee is subject to the following limitations:
No credit allowance will be made for any interruption in service related to any of the following:
Inability to access the Web-based portal will not give rise to service credits outlined in this SLA. The amount of credit available per month is subject to a cap as described in this Agreement.
GENERAL
CREDIT AND PAYMENT PROCEDURE
To receive credit for the Voice Service Availability Guarantee, the Client must;
Credits are based on the Client’s SRU User Service Fee and may arise from multiple service guarantees outlined in this SLA. The total combined credits applied to the Client’s SRU Service will not exceed the SRU User Fee in any calendar month.
The Client will pay its entire service bill and shall not offset any Service Credits it would anticipate receiving from SRU Communications. Client shall cooperate with SRU Communications in any Service Claim investigations.
For each cumulative hour of outage or fraction thereof in any calendar month, at Client’s request Client’s account shall be credited for the pro-rated charges for one day of the SRU Communications SRU User Monthly Service Fee for the service with respect to which a Voice Service Availability guarantee has not been met. Service Credits delivered as remedies in conjunction with this SLA represent SRU’s sole responsibility and the Client’s sole remedy related to SRU’s service.
POLICY CHANGE
SRU Communications reserves the right to change, amend, and/or revise this SLA policy at any time. Changes and/or revisions to the SLA will be deemed effective upon posting the applicable revision on SRU Communications.com website.
BY USING PROVIDER’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS BELOW. ALL SERVICE ORDERS AND SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions (the “Agreement”) are entered into by and between SRU Communications (“Provider”) and the customer purchasing products or services from Provider (“Customer”).
The following terms will have the meanings set forth below.
This Agreement will commence on the date Provider accepts the Service Order and will continue for the period of time specified in the Service Order (the “Initial Term”). At the end of the Initial Term, the Agreement will automatically renew for successive additional one-year periods (each a “Renewal Term”), unless either party provides the other party, at least thirty (30) days prior to the end of the Initial Term or applicable Renewal Term, written notification in accordance with Section 20.1 of its desire to cancel the Services. The Initial Term and any Renewal Terms are collectively the “Term.”
(a) Provider is entitled, at its sole discretion, to suspend, terminate or change the Services without advance notice upon any misuse by Customer of the Services in any way, Customer’s breach of the Agreement, Customer’s failure to pay any sum due hereunder, or suspected fraud or other activity by Customer or a User that adversely affects the Services, Provider, Provider’s network or another customer’s use of the Services. Provider will be entitled to determine, at its sole discretion, what constitutes a misuse of the Services, and Customer agrees that Provider’s determination is final and binding on Customer. Provider may require, and if required, Customer will pay, an activation fee as a condition for changing or resuming a terminated or suspended account.
(b) Provider is entitled to terminate any affected portion of the Services if: (i) Provider is prohibited by law from providing such portion of the Services; or (ii) any material rate or term contained herein and relevant to the affected Services is substantially changed by or as a result of any regulation or order issued by any court of competent jurisdiction, the Federal Communications Commission (“FCC”), any other local, state or federal government authority, or any carrier or internet service provider.
(c) Upon termination of this Agreement under this Section 4.2, Customer will be responsible for payment of the full monthly Service Fee for the month in which termination occurs, in addition to any accrued but unpaid usage and other charges. If this Agreement is terminated by Provider pursuant to subsection 4.2(a), Customer shall also pay the Early Termination Charge.
Any telephone number provided by Provider (“Number”) to the Customer will be leased and not sold. Provider reserves the right to change, cancel or move the Number should Provider reasonably determine, its sole discretion, that it is required to do so as a result of its agreements with its underlying service providers or for other business purposes related to the provision of the Services.
The Services use the public internet and third-party networks to transmit voice communications and data. Provider is not liable for the interception, use or disclosure of Customer’s or its Users’ voice communications or data. Provider does not represent, warrant or covenant that the Services will maintain the privacy or security of Customer’s or its Users’ voice communications or data. Customer agrees that Provider is entitled to monitor Customer’s and Users’ use of the Services to protect, maintain or improve the Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to protect Provider, its customers or other third parties affiliated with Provider; or for any other good cause. If required by law, Customer will inform its Users that Provider may monitor the Users’ communications and store and use the Users’ personally identifiable information as necessary to provide the Services.
Provider reserves the right to establish or modify general practices and limits concerning use of the Services and Software, including, without limitation, the maximum number of days that content will be retained by the Service and the maximum disk space or bandwidth capacity that will be allotted on servers owned or operated by Provider on Customer’s behalf. Where practical, Provider will provide Customer with prior notice of such new or modified practices; provided, however, that Provider will have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability of any kind.
Customer agrees that there are federal and state statutes governing the electronic recording of telephone conversations and that Provider will not be liable for any illegal use of any recording services provided to Customer or its Users. It is Customer’s responsibility to determine if the electronic recordings are legal under applicable federal and state laws and to comply with those laws. Customer will defend, indemnify and hold harmless Provider for any claims, damages, fines, penalties or costs (including, without limitation, attorneys’ fees) arising out of Customer’s or its User’s failure to adhere to applicable electronic recording laws.
Customer is solely responsible for maintaining the confidentiality of Customer’s account login information (including, without limitation, its Users’ account login information) and will not allow a third party to use the Services. Customer is solely responsible for any and all activities that occur under Customer’s account or its Users’ accounts, including, without limitation, fraudulent use of the account. Customer and its Users must comply with laws regarding online behavior, acceptable content and the transmission of equipment and information under applicable export laws. Customer also agrees to comply with applicable local rules or codes of conduct (including, if applicable, codes of conduct or policies imposed by employers) regarding online behavior and acceptable content. Use of the Services is void where prohibited. Customer will immediately notify Provider of any unauthorized use of Customer’s account or its Users’ accounts or any other breach of security related to Customer’s account, its Users’ accounts or the Services. Customer and each User must “log off” at the end of each session. Provider is not liable for any loss or damage arising from Customer’s or its Users’ failure to comply with any of the foregoing obligations. In consideration for using the Services, Customer will: (a) provide certain current, complete and accurate information about Customer and Users when prompted to do so by Provider; and (b) maintain and update this information as required to keep it current, complete and accurate. Customer agrees that Customer is solely responsible for the content of all visual, written or audible communications (“Content”) sent, displayed or uploaded by Customer or a User in using the Services. Although Provider is not responsible for any such communications, Provider may reject or remove any Content that violates a law or this Agreement. Customer or the User retains copyright and any other rights already held in Content that Customer or the User submits, posts or displays on or through the Services or any music or ring-tones Customer or a User uses in connection with the Services. Customer understands and agrees that by displaying, exchanging or uploading Content to a Provider website, transmitting Content using the Services or otherwise providing Content to Provider, Customer automatically grants (and warrants and represents that it has a right to grant) to Provider a worldwide, royalty-free, sub-licensable (so Provider affiliates, contractors, resellers and partners can deliver the Services), perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Services, including, without limitation, on associated websites. Furthermore, Customer represents and warrants that it has all necessary consents and rights to transmit Content and other communications from its Users to Provider.
Customer acknowledges that Users may violate one or more of the above prohibitions, but Provider assumes no responsibility or liability for such violation. If Customer becomes aware of misuse of the Services by any person, entity or organization, Customer agrees to contact Provider Customer Support at (844) 782-1387or service@SRU.com. Provider may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Provider be liable in any way for any data or other content available on a website or actions taken while using the Services, including, but not limited to, any errors or omissions in any such data, content or activity or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any data, content or activities on a website. Provider does not endorse and has no control over what Users post, submit to or do on a website. Customer acknowledges that Provider cannot guarantee the accuracy of any information submitted by any User of a website, nor any personally identifiable information about any User. Provider reserves the right, in its sole discretion, to reject or remove content.
(a) E911 SERVICE WILL NOT FUNCTION IF CUSTOMER’S OR ITS USER’S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF CUSTOMER’S OR ITS USER’S SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND OR OTHER INTERNET SERVICE OUTAGE OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, CUSTOMER OR THE USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE SERVICE, INCLUDING FOR E911 PURPOSES. E911 SERVICE MAY NOT FUNCTION IF CUSTOMER OR A USER RELOCATES EQUIPMENT OR USES A NON-NATIVE TELEPHONE NUMBER OR FOR ANY OTHER REASON BEYOND PROVIDER’S CONTROL.
(b) AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S OR A USER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE ALI IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO PROVIDER’S NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE ALI WILL BE ACTIVATED WITHIN THIS SCHEDULE.
(c) THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING PROVIDER E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN ALI. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE PROVIDER E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE PROVIDER NETWORK, THERE IS A POSSIBILITY THAT A PROVIDER 911 CALL WILL PRODUCE A BUSY SIGNAL, THE CALLER WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES OR THE LOCAL EMERGENCY SERVICE OPERATOR WILL TAKE LONGER TO ANSWER THE CALL THAN 911 CALLS PLACED VIA TRADITIONAL, CIRCUIT-SWITCHED TELEPHONE NETWORKS. IF CUSTOMER OR ITS USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE PROVIDER EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, PROVIDER E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.
PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A WORKMAN-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR-FREE OR WITHOUT DEGRADATION OR LOSS OF DATA OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF, OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Customer will defend the Provider Parties, at Customer’s expense, against any third-party claim or action and indemnify and hold harmless the Provider Parties from any and all losses, damages, liabilities, penalties, settlement obligations, costs, attorneys’ fees and other legal expenses related to such third-party claim or action arising from or related to: (a) Customer’s breach of this Agreement or an agreement between Customer and a third party; (b) Customer’s violation, infringement or misappropriation of the third party’s intellectual property or other rights in Customer’s use of the Services; (c) Customer’s violation of the third party’s privacy, publicity, personality or other rights; (d) Customer’s fraud in use of the Services or fraud or misrepresentation regarding the nature or volume of Customer’s traffic; (e) Customer’s violation of an applicable law; (f) bodily injury, death or property damage to the extent such claim or action arises from the negligence, gross negligence or willful misconduct of Customer or in the case where strict liability applies; (g) Customer’s business, acts or omissions; or (h) acts or omissions by Users that, if done by Customer, would constitute a breach of this Agreement. Customer will not settle any claim or action without Provider’s prior written consent. Provider will have the option, at its expense, to participate in the defense or settlement of the claim or action with counsel of its own choosing. If a conflict of interests arises or exists between the parties or if Provider has a good faith belief that its rights are being harmed by the counsel selected by Customer, Provider will have the right to retain separate counsel to represent its interests at Customer’s sole cost and expense.
Provider may make a mobile application for the Services available to Customer. Subject to this Agreement, Provider grants to Customer a limited, personal, revocable, nonexclusive, non-transferable and non-sublicensable license to install and use the mobile application during the Term. Customer has no other rights in or to the mobile application. The mobile application is licensed, not sold. The terms of this Agreement apply to any updated, upgraded or new versions of the mobile application. Use of the mobile application constitutes use of the Services. Provider may require Users to agree to additional terms and conditions governing use of the mobile application, and Customer agrees that its Users will not be permitted to use the mobile application unless they agree to such terms and conditions. Customer agrees that, from time to time and without notice, Provider may amend, modify, update or upgrade the mobile application or create new versions of the mobile application. Customer agrees that Provider may automatically update the version of the mobile application that a User is using on a mobile device. Customer consents, on behalf of itself and its Users, to such updating on mobile devices. Updates may cause Customer or a User to lose data, and Provider will not be liable for such loss. Customer agrees that Provider has no obligation to provide support, maintenance or updates for or to the mobile application. To the extent the mobile application contains any third-party software, Customer’s and User’s rights and obligations with respect to such software will be subject to and governed by the third party’s terms and conditions. Provider does not make a representation or warranty that the mobile application will operate on any particular device or operating system. The mobile application is commercial computer software, and to the extent any U.S. government agency uses the mobile application, the U.S. government is only granted the limited rights granted to all other Provider customers. Provider is not a wireless licensee of the FCC, and the mobile application will not be able to provide access to E911 service unless Customer subscribes to wireless service that complies with the FCC’s E911 program, as further explained in Section 13.6.
The Services and Software, and all intellectual property therein, are and will remain the exclusive property of Provider. Provider reserves all rights not expressly granted under this Agreement. The Software may contain third-party software that is subject to the terms and conditions of third-party licenses. Neither Customer, Users nor any other third party has a right to inspect, possess, use, copy or attempt to discover the source code of (or any portion of) the Software, except to the extent that Customer, a User or a third party is expressly permitted to decompile the Software under applicable law and Customer, the User or the third party notifies Provider in writing in advance of its intention to decompile the Software and its reason for doing so.
Provider may update the Customer and User portals, and Customer agrees that Service may be unavailable during the implementation of such updates. Upon expiration, cancellation or termination of the Services, Customer and Users will relinquish and discontinue use of any accounts, Numbers, voicemail access numbers and/or web portal sites assigned to Customer by Provider or its service providers.
CUSTOMER ACKNOWLEDGES THAT SRU COMMUNICATIONS'S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THE TERMS AND CONDITIONS, AND CUSTOMER AGREES TO NOTIFY ALL OF ITS CUSTOMERS OF THE 911 LIMITATIONS DESCRIBED HEREIN. ADDITIONALLY, CUSTOMER SHALL ENSURE THAT ITS RESPECTIVE CUSTOMERS NOTIFY ALL OF THEIR POTENTIAL USERS, WHO MAY PLACE CALLS USING CUSTOMER'S SERVICES, OF THE 911 LIMITATIONS DESCRIBED IN THE TERMS AND CONDITIONS. PRIOR TO THE INITIATION OF SERVICE, CUSTOMER WILL PROVIDE ITS RESPECTIVE CUSTOMERS WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALNG.SRU COMMUNICATIONS DISCLAIMS ALL WARRENTIES. EXPRESS, IMPLIED. STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE, WITH RESPECT TO THE HOSTED COMMUNICATIONS SOLUTIONS PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A WORKMAN-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. SRU COMMUNICATIONS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER SRU COMMUNICATIONS NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S OR A USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN SRU COMMUNICATIONS'S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF SRU COMMUNICATIONS'S OR ITS SERVICE PROVIDER'S NEGLIGENCE. IN NO EVENT WILL SRU COMMUNICATIONS OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, "SRU COMMUNICATIONS PARTIES") BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR AN SRU COMMUNICATIONS PARTY'S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, AN SRU COMMUNICATIONS PARTY'S VIOLATION OF A THIRD PARTY'S RIGHT, OR AN SRU COMMUNICATIONS PARTY'S ACTS OR OMISSIONS. SRU COMMUNICATIONS WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY'S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE SRU COMMUNICATIONS PARTIES' MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO SRU COMMUNICATIONS IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE SRU COMMUNICATIONS PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.