Terms of Sales

Last Updated Date: November 5th, 2024

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ISPTEK, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These Terms of Sale (as may be amended, modified or supplemented from time to time, these “Terms”) apply to your (“you” or “Customer”) purchase and sale of Products & Services (defined below) through isptek.co (the “Site”). These Terms are subject to change by ASHTONTEK ETM, LLC, a Pennsylvania limited liability company, doing business as ISPTek (referred to as “ISPTek” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. These Terms apply to ISPTek providing to Customer: (i) products, materials, supplies, machinery, parts, tools or equipment (the “Equipment”), (ii) standard usage-based and dedicated wireless data services (“Wireless Services”) and Internet Services (defined below), (iii) rental of Equipment (“Rental”), (iv) sales of Equipment (“Sales”), and (v) wholesale Services provided by ISPTek to Customers authorized to resell those Services (“Wholesale Services”). All Equipment, Wireless Services, Rental, Sales, Wholesale Services, and related services provided by to Customer by or through ISPTek are referred to collectively as “Products & Services”. Tangible items being sold are sometimes referred to herein as “Products” and intangible items are sometimes referred to herein as “Services”.

Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any Products & Services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Products & Services through this Site.

2. Order Acceptance and Cancellation; Internet Services Term. You agree that your order is an offer to buy, under these Terms, all Products & Services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Products & Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. All Products & Services ordered under these Terms are subject to availability.

We cannot guarantee the availability of Products & Services and your Products & Services may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all Products & Services or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship Products & Services which have substantially similar functionality and specifications to the Products & Services ordered by you or cancel your order.

For any Internet Services (defined below), the term of the Internet Services (the “Internet Services Term”) will begin on the Commencement Date (as hereinafter defined) and extend for the period specified in the Order Form (defined below). Upon expiration of the then existing Internet Services Term, the Internet Services Term shall, unless otherwise stated on a renewal Order Form, renew for an additional period of the same length as the then existing Internet Services Term unless either you or ISPTek delivers written notice to the other party thirty (30) days prior to the expiration of such Internet Services Term.  The “Commencement Date” for Internet Services will be the date specified in the Order Form, or with respect to Wireless Services the date upon which ISPTek notifies Customer that the Service is available for Customer’s use. IF YOU TERMINATE YOUR USE OF THE INTERNET SERVICES PRIOR TO THE END OF THE INTERNET SERVICES TERM, YOU OWE THE AMOUNTS THAT WOULD HAVE BEEN DUE TO ISPTEK THROUGH THE END OF THE INTERNET SERVICES TERM HAD IT NOT BEEN TERMINATED, WHICH SHALL BE PAYABLE UPON TERMINATION.

3. Prices and Payment Terms.

(a)        All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Products & Services will be the price in effect at the time the order is placed and will be set out in your Order Form (defined below), and Customer agrees to pay ISPTek for the Products & Services ordered in accordance with the prices and terms set forth in the Order Form, or if not specified therein, then the ISPTek price schedule prevailing on the date of (i) delivery of Equipment made the subject of the Sale or Rental, or (ii) performance or provision of the Services. For Wholesale Services, ISPTek will provide wireless cellular data to Customer for a set per month fee, per data plan. Price increases to Products & Services will only apply to orders placed after such changes provided that ISPTek may adjust the rates for month-to-month Services via written notice to Customer. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Customer’s total and will be itemized in your shopping cart and your order confirmation. You agree to indemnify and hold ISPTek harmless from all taxes, assessments or other governmental impositions of any nature whatsoever which may be levied upon the sales or use of the Products & Services. Notwithstanding anything to the contrary contained herein, ISPTek may, with at least 30 days’ notice to Customer, change prices, charges, and fees in response to any changes in service or pricing made by the underlying carrier or in response to any regulatory changes.

(b)       We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(c)        Terms of payment are within our sole discretion and payment must be received by us before we accept an order. All payments, unless otherwise specified in the proposal, work order, field ticket, delivery ticket, notes to pricing, contract, invoice email, facsimile, text message or other communication referencing these Terms or to which these Terms are attached (the “Order Form”) shall be made in U.S. Dollars to ISPTek at 314 South Henderson Road, Suite G #387, King of Prussia, Pennsylvania 19406 at the time of purchase. If credit or payment terms are not met, in addition to its other legal rights, ISPTek may (i) defer or cancel, at its option, all or any portion of the Products & Services, and (ii) charge Customer interest at the lesser of (A) eighteen percent (18%) per annum, or (B) the maximum rate permitted by applicable law, on the unpaid balance due. Customer will pay all of ISPTek’s costs, including attorney’s fees and court costs, incurred in connection with the collection of past due amounts from Customer to the extent permitted by law. Nothing herein shall be interpreted to prevent ISPTek from claiming, filing or enforcing any liens when the rights thereto arise directly from Customer’s failure to pay us in breach of these Terms.

(d)       For any purchases by credit card, the purchase will be processed through a third-party payment processor which you will be re-directed to when you go to complete a purchase. We have no control over the third-party payment processor’s website and accept no responsibility for it or for any loss or damage that may arise from your use of it, and your use of third-party payment processor’s website is entirely at your own risk and subject to the terms and conditions of use for their website. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

(e)        We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(f)        Prices for Sales and Rentals may not include the cost of personnel or equipment or aids required to install any Equipment. Upon request, ISPTek will provide such personnel and equipment or aids at its then applicable rates.

4. Fiber and Cellular Data Plans. ISPTek offers Products & Services that include fiber internet plans, SIM card plans, cellular plans, data plans and hardware plans (collectively, “Plans”).

(a)        ISPTek offers Plans on either a month to month basis or for terms of one (1) to three (3) years. IF CUSTOMER TERMINATES ITS PLAN PRIOR TO THE END OF THE APPLICABLE PLAN TERM, THE FULL AMOUNT TO BE PAID UNDER THE PLAN FOR THE FULL TERM OF THE PLAN SHALL BE DUE TO ISPTEK AT THE TIME OF CANCELLATION. All Plans that are month to month can be cancelled anytime provided that Customer will be billed a minimum of one (1) month.

(b)       For Plans that include Customer’s Rental of Equipment, ISPTek remains the owner of the Equipment and Customer shall follow ISPTek’s instructions to return the Equipment at the end of the Plan term or earlier cancellation. If Customer fails to return the Equipment as specified by ISPTek, then Customer will be billed and/or auto charged for the Equipment at the Equipment’s Manufacturer’s Suggested Retail Price (MSRP) or fair market value if the Equipment is no longer for sale anymore as new.

(c)        SIM cards are to only be used in carrier certified devices and devices that are approved by ISPTek for use with the Plans, and all other uses are strictly prohibited.

5. Shipments; Delivery; Title and Risk of Loss.

(a)        We will arrange for shipment of the Products & Services to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

(b)       Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. ISPTek will use its commercially reasonable efforts to have Products & Services ready for shipment by the agreed date, subject to receipt by ISPTek of all necessary Customer information. WE ASSUME NO LIABILITY FOR DAMAGES INCURRED AS A RESULT OF LATE DELIVERY OF PRODUCTS & SERVICES, REGARDLESS OF CAUSE. Upon delivery of Products & Services to Customer’s location or pick up by Customer or its agents, Customer shall inspect all Products & Services and confirm that it is in good working order and repair, and suitable for Customer’s needs. If Customer fails to inspect the Products & Services immediately upon delivery, Customer shall be deemed to have accepted the Products & Services as delivered.

6. Returns and Refunds. Except for any Equipment designated on the Site as final sale or non-returnable, we will accept a return of the Equipment for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of shipment with valid proof of purchase and provided such Equipment is returned in its original condition. To return Equipment, you must email our Returns Department at support@isptek.co to obtain a Return Merchandise Authorization (“RMA”) number before shipping your Equipment back to us. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.

Refunds are processed within approximately three (3) business days of our receipt of your returned Equipment. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS & SERVICES DESIGNATED ON THIS SITE AS NON-RETURNABLE. MOREOVER, THERE ARE NO REFUNDS FOR ANY PRODUCTS & SERVICES THAT ARE NOT EQUIPMENT, INCLUDING INTERNET SERVICES, WIRELESS SERVICES AND INTERNET SERVICES.

7. Additional Rental Terms.

(a)        Customer shall immediately inspect and test their Rental Equipment upon delivery and notify us within five (5) days of such delivery if there is any issue with their Rental Equipment. If Customer does not notify us within such five (5) day period, Customer is acknowledging and agreeing that Customer has inspected the Rental Equipment, finds it in good working order and repair, and suitable for Customer’s needs.

(b)       Customer represents that it will use the Rental Equipment in a careful and proper manner and shall comply with all ISPTek specifications and all laws and regulations relating to the possession, use, storage and maintenance of the Rental Equipment.

(c)        Customer represents that its Rental Equipment will be operated by skilled personnel, trained in the use of the Rental Equipment. Customer agrees to keep all Rental Equipment free from liens and encumbrances arising in connection with Customer’s operations and/or use of the Rental Equipment.

(d)       Customer, at its sole cost, shall provide and maintain insurance against the loss, theft, damage or destruction of the Rental Equipment in an amount not less than the replacement value.

(e)        Upon the expiration of any Rental term, Customer will at its sole cost return or coordinate the return of the Rental Equipment to the facility designated by ISPTek, in working condition, reasonable wear and tear excepted. Upon receipt, ISPTek will service and inspect the Rental Equipment, and in the event that ISPTek determines any is damaged, then Customer shall be responsible for all costs for service work, inspections and parts required to bring the Rental Equipment to good working condition. Failure to return Equipment shall be governed by Section 4(b) of these Terms.

(f)        Customer shall be solely responsible for any damages, loss or destruction to ISPTek’s Equipment or other products, other than normal wear and tear.

8. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the Products & Services offered on our Site. The availability of Products & Services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Products & Services offered on our Site. However, the Products & Services offered on our Site may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product or Equipment. To obtain warranty service for defective products or Equipment, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS & SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

9. Limitation of Liability; Indemnification. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR LOSS OF DATA, DATA FILES OR PROGRAM, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR IN CONNECTION WITH THE PRODUCTS & SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS & SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

In no event shall ISPTek’s third-party suppliers be liable to Customer or any other party for any loss arising out of the provision of Wireless Services hereunder and Customer hereby waives the right to make a claim against any such supplier, except to the extent that Customer has separately established a contract with said supplier for Wireless Services or a wireless component.

You hereby agree to defend, indemnify and hold ISPTek, its affiliates, members, owners, officers, directors, shareholders, employees and agents, harmless against any and all claims, actions, demands, losses, damages, and liabilities of any kind (including, without limitation, reasonable attorney’s fees) arising out of or relating to any acts or omissions of you or your agents, affiliates, officers, contractors or employees in connection with the sales or the use or performance of the Products & Services, including, but not limited to (i) willful misconduct or negligence of you, (ii) violation by you of any applicable laws or regulations, (iii) any breach by you of the AUP Terms, and (iv) breach by you of any of the Terms.

10. Goods Not for Resale or Export; Wholesale Services.

(a)        You represent and warrant that you are buying Products & Services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States. Except as described in this Section, Customer represents that it does not operate as an internet service provider, is not a telecommunications carrier, reseller or shared tenant service provider registered with the Federal Communications Commission (FCC), and the Wireless Services are not for resale. If Customer becomes an internet service provider, telecommunications carrier, reseller or shared tenant service provider registered with the FCC or an international call center, ISPTek may suspend Wireless Service, terminate these Terms or revise Customer’s pricing and terms to reflect Customer’s reseller status retroactively to the date that Customer’s status changed.

(b)       You cannot provide Whole Services without the express written consent of ISPTek. If we permit you to provide Wholesale Services, it shall be subject to the following conditions:

(i)        Customer must maintain a current business license certificate (or state equivalent) on file and provide a copy, with Tax ID, to ISPTek.

(ii)       Customer is solely responsible for obtaining and maintaining any and all necessary state and federal licenses, certifications, and authorizations required for Customer to resell the Services. ISPTek assumes no responsibility for Customer’s violation of any state or federal laws or regulations related to Customer’s resale of Services.

(iii)      Customer shall be responsible for all sales, service and support of each data plan. Customer may set its own pricing and plan details for its customers and should establish its own brand with unique benefits and features as Customer deems fit.

(iv)      Customer may not use the brand name of any underlying wireless service provider, or ISPTek or other trade names or marks associated with any underlying wireless service provider, or ISPTek in any marketing of any kind, including but not limited to electronic, television, radio, print, verbal or sponsorship marketing.

(v)       The underlying wireless service provider has the authority to mitigate network congestion, suspend data access or cancel SIM card access from its network for excessive data consumption, illegal activity, misuse or abuse of service. Further, the underlying wireless service provider has the right to change plan details and availability at any time and, although existing plans are typically “grandfathered” and allowed to remain in place, the underlying wireless service provider’s decisions regarding plan details and availability are left to its sole, absolute and unfettered discretion. The rights set forth in this Terms shall have no effect on such rights of the underlying wireless service provider, and the underlying wireless service provider shall have no obligation to disclose the cause or basis for a cancellation of service. Accordingly, Customer shall not be entitled to any refund of activation fees or any monthly usage fees in the event of cancellation of service by the underlying wireless service provider for any reason.

11. Termination. ISPTek may suspend Wireless Services and/or terminate these Terms or any Wireless Service or other Service with no further liability if: (a) Customer fails to make payment as required under these Terms and such failure remains uncorrected for five (5) days following written notice from ISPTek, (b) Customer fails to perform any other material obligation under these Terms, or otherwise breaches these Terms, and does not remedy such failure within ten (10) days following notice from ISPTek, or (c) Customer or any of Customer’s users violates the AUP Terms (defined hereinafter), or (d) immediately in the event of bankruptcy or insolvency of Customer, or if Customer makes any assignment for the benefit of creditors or take advantage of any act or law for relief of debtors (hereinafter collectively referred to as “Customer Default”). In the event of a Customer Default, ISPTek shall have the right to (i) suspend Rental, Service(s) or Wireless Service(s) to Customer; (ii) cease accepting or processing orders for Rentals, Services or Wireless Service(s); and/or (iii) terminate these Terms or any Rental, Service or Wireless Service. If these Terms are terminated due to a Customer Default, Customer shall reimburse ISPTek for all costs of implementation of terminated Wireless Service(s) or other Services (including third party cancellation fees, if any); or (ii) if Customer terminates any Wireless Service or other Service on or after the applicable Commencement Date(s), Customer immediately shall pay ISPTek all charges for Wireless Service(s) previously rendered and rendered through the date of termination. Additionally, Customer agrees to pay ISPTek’s reasonable expenses (including attorney and collection agency fees) incurred by ISPTek due to a Customer Default to the extent permitted by law.

Notwithstanding anything to the contrary contained herein, these Terms may be terminated, or the Rentals, Services or Wireless Services may be suspended, immediately by ISPTek in the event ISPTek is prohibited from furnishing such Products & Services due to any regulation and/or ruling, including modifications thereto, by any regulatory agency, legislative body or court of competent jurisdiction. In the event of any such termination or suspension due to ISPTek being prohibited from furnishing such Products & Services pursuant to this Section, ISPTek will provide Customer as much prior notice as reasonably possible.

12. Network Maintenance. ISPTek may perform system maintenance with respect to the Wireless Services and Internet Services. Customer acknowledges that ISPTek’s regular or everyday network maintenance may result in certain Wireless Service or Internet Service interruptions. If scheduled or unscheduled network maintenance should result in the interruption of Wireless Service or Internet Service, to the extent possible it shall be accomplished after written notification to Customer (if such notification is oral due to unscheduled maintenance, it shall be followed by written facsimile or e-mail notification if reasonably possible) and will be completed within a reasonable time. In no event shall interruption for system maintenance constitute a failure of performance by ISPTek. Corrections of interruptions will be the sole remedy of the Customer for interruptions in the Products & Services.
13. Acceptable Use Policy Terms. By using the Products & Services that provide (or include) access to the Internet, including hosting services (software applications and hardware), fiber services, or services provided over the Internet or wireless data networks (“Internet Services”), Customer agrees to these Acceptable Use Policy Terms (“AUP Terms”).

(a)        Scope. By using the Products & Services, Customer agrees to comply with these AUP Terms and to remain responsible for its users. ISPTek reserves the right to change or modify the AUP Terms at any time by posting a new version on the Site. Revised versions of the AUP Terms are effective immediately upon posting. Accordingly, Customers using the Products & Services providing Internet Services should regularly visit the Site and review the Terms, including these AUP Terms, to ensure that their activities conform to the most recent version. Customer’s use of the Internet Services after changes to the AUP Terms are posted shall constitute acceptance of any changed or additional terms. Customer and all others who use the Internet Services must comply with these AUP Terms. As further described herein, Customer’s failure, or others’ using the Customer’s Internet Services failure, to comply with these AUP Terms could result in suspension or termination of Customer’s Internet Services. Therefore, Customer should take steps to ensure that any individuals Customer permits to use the Internet Services are aware of these AUP Terms and agree to abide by them. If Customer is unwilling to comply with these AUP Terms, Customer must immediately stop all use of the Internet Services.

(b)       General Prohibitions. ISPTek prohibits the use of the Internet Services in any way that is unlawful, harmful to or interferes with the use or operation of ISPTek’s network or systems, or the network of any other provider, interferes with the use or enjoyment of the Internet Services by others, infringes intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy, or is otherwise violates any law or regulation. Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Site or from a website that contains ISPTek content is a violation of these AUP Terms. Customer shall not use the Internet Services in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.  Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded, uploaded, created, accessed or transmitted using the Internet Services. ISPTek has no responsibility for any material created on the ISPTek network or accessible using the Internet Services, including content provided on third-party websites linked to the ISPTek network.

(c)        Security. Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use the Internet Services, including implementation of necessary patches and operating system updates. The Internet Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of ISPTek’s, or another party’s server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

(i)        Unauthorized monitoring, scanning, probing, or any activity intended to intercept data or harvest email addresses without permission.

(ii)       Hacking, attacking, gaining unauthorized access to, bypassing, or testing vulnerabilities within user authentication, security measures, or any host.

(iii)      Accessing or attempting to access networks, servers, personal computers, network devices, software, or data without the explicit permission of the system or network owner.

(iv)      Impersonating others or covertly collecting personal information of third parties (e.g., phishing).

(v)       Using any program, file, script, command, or transmitting messages meant to interfere with terminal sessions or restrict Internet or communication access.

(vi)      Distributing or employing security-compromising tools (such as SNMP tools), including cracking software, password-guessing programs, packet sniffers, or network probes, unless part of authorized and legitimate network security efforts.

(vii)     Transmitting unauthorized or pirated software.

(viii)    Using manual or automated methods to bypass any usage limits set on Internet Services.

(ix)      Providing information or assistance to cause harm or security breaches on ISPTek’s network or that of any other Internet service provider.

(x)       Operating as an Internet service provider or reselling Internet Services without authorization.

(xi)      Restricting, inhibiting, or interfering with others’ access to or enjoyment of Internet Services, or impairing others’ ability to send or retrieve information. This includes, but is not limited to, transmitting files or software with harmful features like worms, viruses, spyware, Trojan horses, root kits, etc., that may damage another’s computer or network or enable system hijacking (except for tools used for security functions, such as parental controls).

(xii)     Causing any performance degradation, whether intentional or not, to Internet Services or any ISPTek (or ISPTek supplier) host, server, network, node, or service, impacting the facilities used to deliver Internet services.

(xiii)    Failing to implement reasonable security measures to help prevent violations of these AUP Terms.

(d)       Enforcement and Notice: Customer’s failure to observe the guidelines set forth in these AUP Terms may result in ISPTek taking actions anywhere from a warning to a suspension or termination of Customer’s Internet Services. When feasible, ISPTek may provide Customer with a notice of an AUP Term violation via e-mail or otherwise allowing the Customer to promptly correct such violation. ISPTek reserves the right, however, to act immediately and without notice to suspend or terminate affected Internet Services in response to a court order or government notice that certain conduct must be stopped, or when ISPTek determines, in its sole discretion, that the Customer’s use of the affected Internet Services may: (i) expose ISPTek to sanctions, prosecution, civil action or any other liability; (ii) cause harm to or interfere with the integrity or normal operations of ISPTek’s network or networks with which ISPTek is interconnected; (iii) interfere with another ISPTek Customer’s use of the Internet Services or the Internet; (iv) violate any applicable law, rule or regulation; or (v) otherwise present an imminent risk of harm to ISPTek or its Customers.

14. Privacy. Our Privacy Policy, linked on the homepage of the Site, governs the processing of all personal data collected from you in connection with your purchase of Products & Services through the Site. ISPTek does not monitor what the Customer’s data is being used for, nor keep track of websites or IP addresses that Customers are communicating with, nor otherwise keep a log of traffic or a history of traffic via any of ISPTek’s systems. ISPTek does not sell Customer information.
15. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), power outages, Internet and system outages, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
16. Intellectual Property. All intellectual property rights of ISPTek, including but not limited to the trademarks, service marks, copyrights, patents, trade secrets, etc., whether registered or unregistered, used in relation to the Products & Services shall belong to ISPTek absolutely. Nothing in these Terms shall be construed as granting, by implication or otherwise, any license or right to you to use any intellectual property rights of ISPTek without our prior written approval, which may be given or withheld in our sole discretion.
17. Sanctioned Persons. By purchasing Products & Services, Customer hereby represents and warrants that it, and its owners, agents, officers, and affiliates is not now and has never been listed or named as, nor has ever acted directly or indirectly for or on behalf of any person, group or entity or nation named in any sanction list maintained by the United States as a terrorist, a sanctioned, banned or blocked person, entity, nation, or transaction. You shall not, and agree to not, transfer the Products & Services to sanctioned countries, sanctioned persons and anyone on a list of prohibited persons.
18. Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
19. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
20. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ISPTek.
21. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
22. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
23. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.