Terms of Service

Effective Date: 09/30/2025
Last Updated: 05/05/2026

1. Acceptance of Terms

By accessing or using the Whitaker Networks, Inc. ("Whitaker," "we," "us," or "our") website located at whitakernetworks.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site.

2. Description of Services

Whitaker Networks provides information technology managed services, including but not limited to remote support, systems monitoring, cybersecurity, backup and disaster recovery, and IT consulting services. Detailed service descriptions are available through our Managed Services Agreements and related documentation.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use our Site and services. By using our Site, you represent and warrant that you meet these eligibility requirements.

4. User Accounts and Registration

4.1 Account Creation

Certain features of our Site may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. Acceptable Use Policy

You agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable laws or regulations

  • Attempt to gain unauthorized access to our systems, networks, or data

  • Upload, transmit, or distribute any viruses, malware, or other malicious code

  • Interfere with or disrupt the integrity or performance of the Site

  • Attempt to decipher, decompile, disassemble, or reverse engineer any software comprising the Site

  • Use any automated system to access the Site without our express written permission

  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

  • Collect or harvest any personally identifiable information from the Site

6. Intellectual Property Rights

6.1 Ownership

All content, features, and functionality on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of Whitaker Networks or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include any right to resell or commercial use of the Site or its contents.

6.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent. You may, however, share links to our Site content and quote brief excerpts for personal, non-commercial purposes with appropriate attribution to Whitaker Networks.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

7.2 Data Security

We implement appropriate technical and organizational measures designed to protect the security of your personal information. However, no system is completely secure, and we cannot guarantee the absolute security of your information.

7.3 Confidentiality

During your use of our services, we may have access to confidential information. We agree to maintain the confidentiality of such information and not to disclose it to third parties except as required by law or as necessary to provide our services.

7.4 State and Regional Privacy Rights

Depending on where you reside, applicable state, federal, or international privacy laws may grant you specific rights regarding personal information we collect about you. These may include the right to access, correct, delete, or port your information, and the right to opt out of certain processing activities. Laws granting such rights include, without limitation, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), the Colorado Privacy Act, the Virginia Consumer Data Protection Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, and similar laws in other jurisdictions, as well as the European Union General Data Protection Regulation (GDPR) and the United Kingdom GDPR for residents of those regions.

To exercise any rights granted under applicable law, or to ask questions about how we handle your personal information, please refer to our Privacy Policy or contact us at [email protected]. We will respond within the timeframes required by applicable law.

8. Use of Artificial Intelligence

8.1 AI in Service Delivery

Whitaker Networks uses artificial intelligence and machine learning tools as part of normal business operations. These uses include, but are not limited to, security monitoring and threat detection (such as our managed detection and response platform), help desk support and ticket triage, document drafting and review, internal research, and software development. AI is one tool among many; output produced with AI assistance is reviewed by Whitaker personnel before being used in client-facing work or published on this Site.

8.2 AI and Visitor Interactions

If you interact with this Site through a contact form, chat interface, voice channel, or marketing communication, your input may be processed using AI tools to route, summarize, or draft a response. A human at Whitaker Networks reviews substantive responses before they are sent to you. We do not use information you submit through this Site to train any third-party AI model. Information you submit is handled in accordance with our Privacy Policy.

8.3 Use by Automated Agents

You may not use automated agents, bots, scrapers, or AI-driven browsing tools to interact with this Site for purposes of bulk data collection, automated form submission, or systematic content extraction without our prior written consent. Automated agents acting on your behalf are subject to these Terms to the same extent as you are, and you remain responsible for their conduct.

8.4 No Reliance on AI-Generated Content

Content on this Site, including blog posts, technical articles, and marketing materials, may be drafted with AI assistance and reviewed by Whitaker personnel. You should not rely on Site content as legal, financial, technical, or compliance advice. Engagements requiring professional judgment are handled through signed agreements, not website content.

9. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Whitaker Networks, including websites of our technology partners and vendors. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your interactions with third-party products and services are subject to the terms and policies of those third parties. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party content, goods, or services.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHITAKER NETWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WHITAKER NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHITAKER NETWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Site

  • Any conduct or content of any third party on the Site

  • Any content obtained from the Site

  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL WHITAKER NETWORKS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE EXCEED THE GREATER OF (A) ONE THOUSAND DOLLARS ($1,000) OR (B) THE AMOUNT YOU PAID TO WHITAKER NETWORKS FOR SITE-RELATED SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES TO WEBSITE INTERACTIONS ONLY. LIABILITY ARISING UNDER A SIGNED COMMERCIAL AGREEMENT IS GOVERNED BY THE TERMS OF THAT AGREEMENT.

11. Indemnification

You agree to defend, indemnify, and hold harmless Whitaker Networks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and any dispute or claim arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or relating to these Terms or the Site that cannot be resolved through small claims court shall be resolved through binding arbitration conducted by Arbitration Resolution Services, Inc. (ARS) or another mutually agreed service, applying the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted by an arbitrator experienced in information technology services in Summit County, Ohio. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

12.3 Jurisdiction and Venue

For disputes that are not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Summit County, Ohio.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice by posting the updated Terms on the Site with a new "Last Updated" date and, where appropriate, by other reasonable means of notification. Non-material changes (such as clarifications, formatting, or contact information updates) take effect upon posting. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the updated Terms.

14. Service Level and Support

Information regarding service levels, response times, and support availability for our managed services customers is detailed in individual Managed Services Agreements. These Terms govern use of our website; service-specific terms are contained in separate contractual agreements.

15. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

16. Force Majeure

Whitaker Networks shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, as well as cyberattacks, ransomware events affecting third-party infrastructure providers, internet service disruptions, supply chain attacks, and outages of cloud services or other third-party platforms upon which our Site depends.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

18. Waiver

No waiver by Whitaker Networks of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement and Relationship to Other Agreements

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Whitaker Networks regarding your use of the Site.

If a signed Managed Services Agreement, Foundation Package Agreement, Statement of Work, or other commercial agreement exists between you and Whitaker Networks, that agreement governs the commercial relationship between the parties and controls in the event of any conflict with these Terms. These Terms continue to govern your use of this Site, marketing communications, and pre-contract interactions, except as expressly modified by such commercial agreement.

20. Assignment

These Terms are personal to you and may not be assigned or transferred by you without our express written consent. Whitaker Networks may assign or transfer these Terms, in whole or in part, without restriction.

21. Compliance and Certifications

Whitaker Networks maintains a SOC 2 Type 2 attestation. Our Trust Center, available at trust.whitakernetworks.com, provides current information about our security program, certifications, and supporting documentation. SOC 2 reports and other security artifacts may be made available to qualified clients and prospects under appropriate confidentiality protections. For requests, contact [email protected].

22. Contact Information

If you have any questions about these Terms, please contact us at:

Whitaker Networks, Inc. Email: [email protected] Phone: (330) 850-1025 Address: 41 Merz Blvd. Fairlawn, Ohio 44333