Terms of Service
Effective Date: 09/30/2025
Last Updated: 09/30/2025
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.
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.
8. 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. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. 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.
9. Disclaimers and Limitation of Liability
9.1 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.
9.2 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 EXCEED THIRTY THOUSAND DOLLARS ($30,000).
10. 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.
11. Governing Law and Dispute Resolution
11.1 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.
11.2 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 in accordance with 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.
11.3 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.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site with a new "Last Updated" date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Entire Agreement
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.
19. 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.
20. 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
SOC 2 Compliance Notice: Whitaker Networks maintains security controls and practices designed to meet SOC 2 compliance standards. Information regarding our security practices and compliance certifications is available upon request for qualified customers and prospects under appropriate confidentiality agreements.