BoosterSpark Acceptable Use Policy
effective July 1, 2020
This acceptable use policy ("Acceptable Use Policy", "AUP", "Policy") is an agreement between BoosterSpark ("us", "we" or "our") and you ("user", "you" or "your"). This Policy sets forth general guidelines and acceptable and prohibited uses of the BoosterSpark platform.
"BoosterSpark" and "BoosterSpark platform" refer to our Software-as-a-Service (SaaS) platform which helps booster clubs maximize the impact made on their community.
"We" and "us" and "our" refer to Cedarock Communications which owns and operates BoosterSpark.
"You" refers to the individual accessing or using BoosterSpark. You can be a User or a Club.
"User" refers to any person who creates a user account. This account will allow you to sign in to BoosterSpark and any BoosterSpark-powered website.
"Club" refers to booster club organizations who can or do utilize BoosterSpark.
"Subscription" and "subscribe" refer to the recurring monthly service provided by BoosterSpark to Clubs.
"Account" refers to the User's or Club's BoosterSpark account.
"Plan" varies by use. It can refer to a BoosterSpark Subscription plan, a Club's Membership plan, or a Club's Sponsorship plan.
"Content" refers to writings, video, audio, photographs, graphics, or other material generated by Clubs and Sponsors on BoosterSpark-powered websites.
You may not use BoosterSpark to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
- Distributing malware or other malicious code.
- Disclosing sensitive personal information about others.
- Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
- Distributing pornography or adult related content.
- Promoting or facilitating prostitution or any escort services.
- Hosting, distributing or linking to child pornography or content that is harmful to minors.
- Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
- Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
- Facilitating unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Threatening harm to persons or property or otherwise harassing behavior.
- Infringing the intellectual property or other proprietary rights of others including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Publishing false, inaccurate, or misleading content.
- Publishing obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) content.
- Ridiculing, mocking, disparaging, intimidating, or abusing anyone.
- Violating any applicable law, regulation, or rule.
- Violating the privacy or publicity rights of any third party.
- Soliciting personal information from anyone under the age of 18.
- Exploiting others in a sexual or violent manner.
- Making disparaging comments connected to race, national origin, gender, sexual preference, or physical handicap.
- Facilitating, aiding, or encouraging any of the above activities through our services.
You acknowledge and agree that you may not use our servers nor your BoosterSpark-powered website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, BoosterSpark, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this policy and/or there are activities that threaten the stability of our network. You further acknowledge and agree that BoosterSpark reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in BoosterSpark's discretion for security purposes.
Any User in violation of this Policy is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to, the following:
- Use or distribution of tools designed for compromising security of the BoosterSpark platform.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
- Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
You may not consume excessive amounts of system resources or use BoosterSpark in any way which results in performance issues or which interrupts the services for other users. Prohibited activities that contribute to excessive use include without limitation:
- Deliberate attempts to overload BoosterSpark and broadcast attacks (i.e. denial of service attacks).
- Engaging in any other activities that degrade the usability and performance of BoosterSpark.
You may not use BoosterSpark to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our services in any manner associated with the transmission, distribution, or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
We value freedom of expression and encourage users to be respectful with content they post. We are not a publisher of user content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or our services, as determined in our sole discretion.
Copyrighted material must not be published via our services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately investigate and, upon confirmation, notify the person or persons responsible for publishing it and, in our sole discretion, will remove the infringing material. We may terminate service for users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any user for the removal of any such material. If you believe your copyright is being infringed by a person or persons using our services, please send a report of the copyright infringement to the contact details listed at the end of this Policy.
You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you. You must protect the confidentiality of your login details, and you should change your password periodically.
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
- Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
- Reporting violations to law enforcement as determined by us in our sole discretion.
- A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of services.
Accounts suspended and terminated due to violations will not be re-activated.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
If you have discovered and would like to report a violation of this Policy, please contact us immediately.
We reserve the right to modify this Policy or its terms at any time, effective upon posting of an updated version of this Policy on boosterspark.com. Continued use of the BoosterSpark platform after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using boosterspark.com or any BoosterSpark-powered website you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the BoosterSpark platform.
If you have any questions or concerns about this policy, you may contact us in writing at:
- BoosterSpark, 394 Abbey Ln, Antioch IL 60002