SparkLIT

Terms of Service Violations & Legal Issues



Users of the SparkLIT site agree to abide by our General Terms of Service and Membership Agreement.

SparkLIT services are used for communication, self-expression and freedom of speech. We believe our services promote these values.

All complaints and requests for action must be submitted via mail or fax; we cannot respond to email or telephone complaints. Our technical support staff will not be able to assist you with legal matters.

We respect our users' ownership of and responsibility for the content they choose to share. We believe that censoring this content is contrary to our goals as a service.

However, there are some boundaries as to the type of content that may be hosted with SparkLIT. The boundaries are those which allow us to comply with legal requirements and that serve to enhance the service for everyone.

CATEGORIES OF LEGAL ISSUES:
1. PERSONAL ABUSE

Definition:
 Uploading, posting, emailing or otherwise transmitting any Content that is threatening, abusive, tortious, defamatory, or libelous.

SparkLIT is one of the world's largest online services, and it should come as no surprise that users occasionally post materials to a board that someone may find objectionable. Unfortunately, SparkLIT cannot evaluate the propriety of the hundreds of thousands of new posts made on its service each day. For example, we are simply not in any position to evaluate an allegation that a particular post is defamatory.

It is for this reason that under United States federal law (47 U.S.C.), service providers like SparkLIT are not liable for content posted to their services by third parties. Accordingly, SparkLIT will not, as a matter of practice, remove postings based on allegations of abuse without legal process that SparkLIT reasonably believes compels a response. By contrast, where a party presents a court order establishing that particular content is abusive and should be removed, SparkLIT will respond as it believes appropriate. We will also respond appropriately to intellectual property claims, and may remove any post as we see fit, in accordance with our Terms of Service.



Procedure:
 All requests or information related to subpoenas and court orders in conjunction with abuse should be mailed or faxed to SparkLIT headquarters, attention: Legal Department

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2. SUBPOENA/COURT ORDER

Definition:
 Any legal process that SparkLIT reasonably believes compels a response.

Procedure:
 All requests or information related to subpoenas and court orders in conjunction with abuse should be mailed or faxed to SparkLIT headquarters, attention: Legal Department

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3. ILLEGAL PORNOGRAPHIC MATERIAL

Definition:
 Posting or otherwise causing to appear, or linking to, on any SparkLIT, any material SparkLIT reasonably believes to constitute or solicit illegal activity, including but not limited to: child pornography, pedophilia, incest, bestiality.

Procedure:
 Fill out and send a Legal Issue Submission Form.
Select "Posting of Illegal Material" under "Specify Your Issue"

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4. COPYRIGHT INFRINGEMENT

Definition:
 It is SparkLIT's policy to respond to clear notices of alleged copyright violation

Procedure:
 Fill out and send a Legal Issue Submission Form
Select "Copyright Infringement" under "Specify Your Issue"
In the description, include URL's that contain the specific posts that you believe are in violation; where appropriate, provide a description of the posts, including user name and a description of contents. Also include information required for DMCA compliance.

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5. PRIVATE AND CONFIDENTIAL INFORMATION

Definition:
 We do not allow the publishing of private confidential information (for example credit card numbers, social security numbers, driver's license numbers)

Procedure:
 Fill out and send a Legal Issue Submission Form
Select "Violations of Privacy" under "Specify Your Issue"

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6. UNLAWFUL USE OF SERVICES

Definition:
 Our products and services should not be used for unlawful purposes or for the promotion of illegal activities.

Procedure:
 Fill out and send a Legal Issue Submission Form

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7. HATEFUL CONTENT

Definition:
 Users may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.

Procedure:
 Fill out and send a Legal Issue Submission Form

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8. VIOLENT CONTENT

Definition:
 Users may not publish direct threats of violence against any person or group of people.

Procedure:
 Fill out and send a Legal Issue Submission Form

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9. SPAM, MALICIOUS CODES AND VIRUSES

Definition:
 We do not allow transmitting of viruses, malware and unsolicited commercial ads.

Procedure:
 Fill out and send a Legal Issue Submission Form

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10. INTERFERENCE WITH SPARKLIT-AFFILIATED ADVERTISEMENTS OR COPYRIGHT INFORMATION

Definition:
 Placing Ad-Blocking or any other code or program in any coding field or other section of an Activeboard, upon which one has administrative power, to circumvent the appearance of advertisements, SparkLIT-affiliated banners, or copyright information on a non-Gold ActiveBoard; posting or otherwise causing to appear on any ActiveBoard a link to a site which offers ad-blocking.

Claims of this behaviour are not sufficient - evidence of code or other specific means are required.

Procedure:
 Fill out and send a Legal Issue Submission Form

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