Terms of Service

SPARK Web Services

Introduction

This agreement is between The Educational Foundation for Prince William County Public Schools Inc., hereinafter referred to as SPARK, and subscribers to our web services, hereinafter referred to as user. This agreement is effective for any period during which User subscribes to any service offered by SPARK. These terms are only a general listing of our terms of service. For specific service related terms, please contact us by clicking Contact Us at the top of any page.

Termination

If a SPARK account is used to violate the Acceptable Use Policy or our Terms of Service, we reserve the right to terminate your service without notice. We prefer to advise users of inappropriate behavior and any necessary corrective action, however, certain violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Illegal Use

SPARK web services may not be used for illegal purposes, or in support of illegal activities. SPARK reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. The user agrees that for purposes of venue, this agreement was entered into in Prince William County, Virginia, and any dispute will be litigated in Prince William County, Virginia, and the user hereby consents to the personal jurisdiction of the Virginia State Courts.

1. Content:

User agrees to take sole responsibility for all content, including audio streaming, web pages, and any other service that is utilized. SPARK is not liable for any action taken against a user as a result of their web content.

2. Content Restrictions:

SPARK will not actively monitor the content of users’ personal accounts used for authentication to SPARK web services. The user will not use SPARK electronic resources for any illegal activity, including the sharing of copyrighted materials as well as slanderous material. User will not run any program that is specifically designed to bog down server resources.

3. Liability:

SPARK will not be held liable for any injury, loss of business, loss of property, loss of data, or other mishap caused by the use provider’s services or provider error. We perform full monthly and weekly incremental back-ups; however, SPARK shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. SPARK is hereby waived of any legal obligation pertaining to the use of our service.

6. Privacy:

SPARK will not release any personal information about our users, unless permission is expressly granted. Some information may be made public, if user chooses to list their content on our site for promotional purposes. SPARK reserves the right to collect, publish, and otherwise use anonymous data pertaining to the use of its web services at any time for purposes including, but not limited to, advertisement, planning, or improvement of service.

7. Legal Notice:

Notwithstanding anything to the contrary contained in this contract, neither SPARK nor any of its employees or agents, warrant that the functions contained in the web services will be uninterrupted or error-free. The entire risk as to the quality and performance of the web services is with the user. In no event will SPARK be liable to the user or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the data center or any other circumstances beyond our reasonable control, any lost time, lost progress or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate services, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor’s computer or Internet software, even if SPARK has been advised of the possibility of such damages.

8. Amendments:

SPARK reserves the right to revise, amend, or modify the Terms of Service, Acceptable Use Policy, Privacy Policy, and our other policies and agreements at any time and in any manner. It is the responsibility of the user to periodically check this agreement for such changes.

These terms are effective from January, 2015. Last Modified: February 24, 2015.