TERMS AND CONDITIONS
In this document, “Sparklight” means Sparklight, Inc. and any Sparklight affiliate or subsidiary authorized to provide you with services. Specifically, Sparklight affiliates or subsidiaries including Sparklight Business and Sparklight VoIP LLC. Please read and review this document carefully before accessing further information on this web site. By proceeding to access this web site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not access or use this web site. Sparklight, Inc. may modify this agreement and its terms and conditions, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this web site shall be deemed your conclusive acceptance of the agreement and its terms and conditions and any modifications thereto.
In this site, Sparklight, Inc. has attempted to provide information that is accurate, complete, and reliable as of the time it was published or posted. However, Sparklight, Inc. makes no representation about the suitability or accuracy of the content provided by third parties or other information published on this site. All documents and related graphics are provided “As Is” without warranty of any kind, either express or implied.
Sparklight, Inc. hereby disclaims all responsibility or warranties with regard to content provided by Sparklight, Inc. or by third parties, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Sparklight, Inc. neither makes nor implies a warranty as to the accuracy, completeness, or reliability of the content provided herein, including, without limitation, information regarding Sparklight, Inc.’s planned or prospective service offerings or service coverage. Sparklight, Inc. disclaims all liability for technical inaccuracies, typographical errors, or other errors or omissions contained within this site. Sparklight, Inc. does not warrant that this site or the server that makes it available are free of viruses or other harmful components, nor that access to this site will be uninterrupted or error-free, and Sparklight, Inc. assumes no responsibility for any and all damage caused thereby. By proceeding to access this site, you hereby assume the entire risk of relying upon the information provided herein.
In no event shall Sparklight, Inc. be liable for any damages, including, without limitation, special, direct, indirect, incidental, consequential, punitive, lost profits, or other damages arising from or in connection with the use, inability to use, or loss of the data contained within this site, whether in an action of contract, negligence, third-party claim, other tortuous action, or any other action or claim. This disclaimer applies to any damages, injury or loss caused by any failure in performance, error, defect, interruption, deletion, delay in operation or in the transmission thereof to the user, or for any other claims or losses arising there from or occasioned thereby.
You agree not to violate, or attempt to violate, the security of the Sparklight web site or the Sparklight Internet Service. Any violations may result in criminal or civil liabilities to you. Examples of security violations include, but are not limited to: (a) accessing data not intended for you; (b) logging into an account you are not authorized to access; (c) taking any action in order to obtain web sites to which you are not entitled; (d) attempting to probe, scan, or test the vulnerability of this web site or the Sparklight Internet Service; and/or (e) attempting to interfere with this web site or the Sparklight Internet Service.
You agree to use this web site only for legitimate purposes and not to engage in the operation of any unlawful transactions or business. You agree not to use or allow any third party to use the web site for or in furtherance of any unlawful purpose. You also agree to take all necessary precautions to preserve the secrecy of usernames and passwords and also to preserve the privacy of other users and the security of the web site in accordance with this Agreement.
You expressly release Sparklight, and its directors, officers, shareholders, employees, representatives, agents, attorneys, consultants, successors and assigns, and their respective third party contractors from any responsibility to monitor the web site. Sparklight reserves the right to suspend or terminate your access to the web site immediately upon a violation or suspected violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Agreement.
You hereby represent, warrant and covenant to Sparklight that you shall use the web site and only for purposes set forth in this Agreement. You also agree to defend, indemnify and hold harmless Sparklight, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, demands, losses, damages, liabilities, obligations, judgments, costs charges and expenses, including reasonable attorneys’ fees, arising out of, in connection with or based upon, (a) your breach of any representation or warranty made herein, (b) the content you submit, post, transmit or make available through the web site (c) your use of and connection to the web site, or (d) your violation of any rights of another.
Sparklight, Inc. may make changes to the information provided in this site, or to the products or services provided herein, at any time without notice. However, Sparklight, Inc. has no obligation to provide such modifications or updates, or to continue to provide access to this site and may discontinue this site at any time in its sole discretion.
Closed captioning information
For immediate technical concerns or service issues with Closed Captioning, please call (toll-free) 1.877.MY.CABLE (877.692.2253), fax 602.200.0516, or email us at: NOC@sparklight.biz. Formal written complaints should be addressed to:
Emerson Yearwood, Assistant General Counsel
Regulatory Affairs, Sparklight, Inc.
210 East Earll Drive, Phoenix, AZ 85012.
Sparklight Business copyright notice
While the information on this site may be accessed by anyone and you are encouraged to visit this site often, all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this site, and the selection, coordination, and arrangement of such content, are owned by Sparklight, Inc., to the fullest extent provided under the Copyright Act, as well as international copyright laws.
All rights in the product, company, and trade names, logos product packaging and designs of all Sparklight, Inc. and affiliated company products belong exclusively to Sparklight, Inc. and its related companies, and are protected from copying and simulation under national and international trademark and copyright laws. In this document, “Sparklight” means Sparklight, Inc. and any Sparklight affiliate or subsidiary authorized to provide you with services. Specifically, Sparklight affiliates or subsidiaries include Sparklight VoIP LLC. All rights reserved.
Except as otherwise provided, nothing contained herein shall be construed as conferring upon you any license or right under any copyright or trade or service mark of Sparklight, Inc. or any third party.
Sparklight, Inc. hereby authorizes you to make one electronic or hard copy of the information posted on any page on this site, provided that such copy is used for noncommercial, personal use only, and further provided that any such copy shall retain all copyright, trademark, service mark, and other proprietary notices and legends contained herein.
Under domestic and international copyright laws, you are expressly prohibited from copying, reproducing, distributing, transmitting, or modifying this information for commercial purposes. You are further prohibited from “mirroring” any information provided herein and from providing a link to this site from your own site or any other third party site, without the express written permission of Sparklight, Inc. To secure written permission, please contact the Sparklight by using the form below.
Other product, company, brand, and trade names mentioned within this site may be the trademarks of their respective holders.
Statement of copyright compliance
Sparklight, Inc. is committed to protecting the intellectual property rights of others and expects all users of Sparklight’s services as well as visitors to our websites to honor those rights.
To make a claim of copyright infringement:
We will process all notices of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. 512 et. seq. The DMCA addresses the rights and obligations of owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet and of Internet Service Providers, such as Sparklight, Inc., on whose servers infringing material may reside.
Copyright holders who believe that their works have been infringed by a user of Sparklight’s hosting services may send written notice to the following authorized agent designated to receive notification of claimed infringements:
Assistant General Counsel
210 East Earll Drive
Phoenix AZ 85012
When providing notice of claimed copyright infringement, please provide the following information:
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of the allegedly infringing material and information reasonably sufficient to permit Sparklight to locate the material;
- your name, address, daytime telephone number, and email address, if available, so that Sparklight may contact you if necessary;
- a statement by you that you believe in good faith that the complained of use of the copyrighted material is not authorized by the copyright owner, its agent, or law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or someone who is authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
Upon receipt of a notice complying with the DMCA, Sparklight will inform the alleged infringer, in writing, of the claim against him or her. Sparklight also will act quickly to remove or disable access to the allegedly infringing material, and where selective action is not possible, Sparklight will terminate the alleged infringer’s Internet access.
If you believe that you have been wrongly accused of copyright infringement, you may submit a written counter notice to Sparklight’s authorized agent. Such counter notice must contain:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- your name, address, and telephone number;
- and a statement that you consent to the jurisdiction of the federal district court in which you are located, and that you will accept service of process from the complainant.
As required by the DMCA, Sparklight will not judge the rights of the parties, but will notify the original complainant upon receipt of a counter notice. If the complainant does not initiate a lawsuit, Sparklight will restore the subscriber’s Internet access after 10 days of receipt of the counter notice.
Please note that United States law provides significant penalties for submitting an initial notice of claimed copyright infringement, or a counter notice, falsely.
Please email us at firstname.lastname@example.org to report any copyright infringement.
By submitting this complaint, you represent, under penalty of perjury, that the above information is accurate, that you are the copyright owner or are authorized to act on such person’s behalf, and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.