Copyright, DMCA Notice, Counter-Notice, and Repeat-Infringer Policy

1. Purpose and Scope

This Copyright, DMCA Notice, Counter-Notice, and Repeat-Infringer Policy explains how Spark Rack receives and processes claims of copyright infringement involving material stored, transmitted, linked, cached, or otherwise made available through the Spark Rack Network and Services.

Spark Rack is operated by Grand Bay Collective and acts as an online service provider for Customers who control their own websites, applications, files, messages, and other Customer Content.

1. All Spark Rack Customers and prospective Customers;
2. All End Users, authorized users, administrators, and account contacts;
3. All Spark Rack websites, portals, control panels, networks, servers, storage systems, software, and Services;
4. All resellers and downstream customers where applicable;
5. All Customer Data and Customer Content processed through the Services; and
6. All third-party providers used to support an applicable Service.

This Policy is incorporated into the Spark Rack Terms of Service and Acceptable Use Policy. It does not constitute legal advice to a complaining party, Customer, copyright owner, alleged infringer, or other person.

2. Respect for Copyright and Other Rights

Spark Rack respects copyright and expects Customers and End Users to do the same.

Customers may not use the Services to reproduce, distribute, publicly display, publicly perform, transmit, sell, license, or otherwise exploit copyrighted material without authorization, a valid legal exception, or another lawful basis.

A dispute over ownership, licensing, fair use, public-domain status, or authorization may involve legal questions that Spark Rack cannot finally decide. Spark Rack may take temporary action to limit risk while the parties resolve those questions through the statutory counter-notice process, agreement, or a court.

3. Designated DMCA Agent

Before publishing this Policy, Spark Rack must replace the bracketed fields below with the exact designated-agent information registered with the United States Copyright Office.

[DMCA AGENT NAME OR POSITION]
Spark Rack / Grand Bay Collective
PO Box 2215
Valdosta, GA 31604
United States
Telephone: [DMCA AGENT PHONE NUMBER]
Email: [DMCA AGENT EMAIL ADDRESS]

Copyright notices, counter-notices, and section 512 identification subpoenas should be directed to the designated agent. Sending a notice to sales, general support, social media, a data center, a registrar, or an individual employee may delay processing.

4. Requirements for a Copyright Infringement Notice

A notice requesting removal or disabling of access should be a written communication containing substantially all of the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
2. Identification of the copyrighted work claimed to have been infringed, or a representative list when multiple works at one online location are covered;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit Spark Rack to locate it, including exact URLs, hostnames, paths, IP addresses, timestamps, screenshots, or other technical details;
4. The complaining party’s name, mailing address, telephone number, and available email address;
5. A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notice is accurate; and
7. A statement, made under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

A notice that does not identify the material precisely may be rejected or returned for clarification. A general reference to an entire website, server, account, social profile, search result, or domain name may be insufficient when the specific material can reasonably be identified.

5. Information That Helps Spark Rack Act Promptly

A complaining party should provide enough technical detail to distinguish the material from lawful content and to identify the applicable Customer account.

1. The complete URL for each item;
2. The domain or subdomain;
3. The IP address, if known;
4. The date and time the material was observed;
5. The title, filename, post identifier, message identifier, or directory path;
6. A screenshot showing the material in context;
7. A link or description identifying the original copyrighted work;
8. An explanation of the claimed ownership or authority;
9. A description of any licensing history known to the complainant; and
10. Any urgent reason that immediate preservation or restriction is requested.

Spark Rack may request additional information when a notice is ambiguous, incomplete, duplicative, technically inaccurate, or appears to involve a contractual, trademark, privacy, defamation, or ownership dispute rather than copyright infringement.

6. What Happens After a Sufficient Notice

When Spark Rack receives a facially sufficient notice, Spark Rack may take one or more reasonable actions, including:

1. Forwarding the notice or relevant portions to the affected Customer;
2. Requesting removal or disabling of access by the Customer;
3. Temporarily disabling access to identified material;
4. Restricting a specific URL, file, directory, account function, or Service;
5. Suspending the affected Service when targeted restriction is not reasonably available;
6. Preserving relevant account, access, or complaint records;
7. Requesting clarification or additional evidence;
8. Referring the matter to an upstream provider, registrar, data center, or other appropriate service provider;
9. Rejecting a notice that is materially deficient or clearly misdirected; or
10. Taking another action Spark Rack reasonably determines appropriate under the circumstances.

Spark Rack may act without determining whether infringement actually occurred. A takedown or restriction is an administrative risk-control measure and is not a judicial finding, admission, or determination of liability.

7. Customer Notice and Opportunity to Respond

When legally permitted and reasonably practicable, Spark Rack will notify the affected Customer of a copyright complaint and the action taken.

The notice may include a copy of the complaint, including the complainant’s contact information and sworn statements. A person submitting a copyright notice should understand that the notice may be shared with the affected Customer, service providers, courts, or other parties as necessary to process the claim or comply with law.

A Customer must not retaliate against, threaten, harass, or unlawfully contact a complaining party. Any response should use lawful channels, including the counter-notice process.

8. Counter-Notice Requirements

A Customer who believes material was removed or disabled because of mistake or misidentification may submit a written counter-notice to the designated DMCA agent containing substantially all of the following:

1. The Customer’s physical or electronic signature;
2. Identification of the material removed or disabled and the location at which it appeared before removal or disabling;
3. A statement under penalty of perjury that the Customer has a good-faith belief that the material was removed or disabled because of mistake or misidentification;
4. The Customer’s full legal name, address, and telephone number;
5. A statement consenting to the jurisdiction of the appropriate United States federal district court for the Customer’s address, or, if the Customer is outside the United States, a federal judicial district in which Spark Rack may be found; and
6. A statement that the Customer will accept service of process from the person who submitted the original notice or that person’s agent.

A counter-notice that omits a required statement, uses a false identity, or does not identify the removed material may be rejected.

9. Forwarding and Restoration After a Counter-Notice

Spark Rack may forward a sufficient counter-notice to the original complaining party.

Unless Spark Rack receives notice that the complaining party filed an action seeking a court order concerning the material, Spark Rack may restore the material or cease disabling access after the waiting period required by applicable law.

Spark Rack may decline or delay restoration when another legal order, policy violation, security risk, contractual restriction, or independent basis for removal applies. Restoration through the DMCA process does not waive any other Spark Rack policy.

10. Repeat-Infringer Policy

Spark Rack adopts and reasonably implements a policy providing for termination, in appropriate circumstances, of Customers and End Users who are repeat copyright infringers.

Spark Rack may consider relevant circumstances rather than applying a single automatic numerical rule. Factors may include:

1. The number of valid or facially sufficient notices associated with an Account;
2. The number of separate copyrighted works, incidents, or affected rights holders;
3. Whether material was repeatedly reposted after removal;
4. Whether the Customer ignored or obstructed notices;
5. Whether the Customer submitted valid counter-notices;
6. Whether a complaint was withdrawn or shown to be erroneous;
7. Whether a court determined infringement occurred;
8. Whether the Customer encouraged, organized, or profited from infringement;
9. Whether the Account is primarily used for infringing activity;
10. The severity and scale of the conduct;
11. The Customer’s history of other policy violations; and
12. Any other information reasonably relevant to fair enforcement.

Possible actions include warnings, content restriction, feature restriction, temporary suspension, refusal of new Orders, nonrenewal, or termination. Spark Rack may terminate immediately when the circumstances are serious enough to justify immediate action.

11. Standard Technical Measures

Spark Rack will accommodate and will not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works when those measures satisfy applicable statutory requirements and do not impose substantial costs or burdens on Spark Rack systems.

Nothing in this section requires Spark Rack to implement a proprietary filtering system, monitor all Customer Content, or adopt a measure that is not broadly accepted through an open, fair, voluntary, multi-industry process.

12. No General Monitoring Duty

Spark Rack does not undertake a general obligation to monitor all Customer Content for possible copyright infringement.

Customers remain solely responsible for reviewing material they upload, publish, transmit, distribute, or make available and for obtaining all necessary rights and permissions.

The absence of proactive detection does not authorize infringement or prevent Spark Rack from acting when it receives notice or otherwise becomes aware of apparent infringement.

13. False, Fraudulent, or Abusive Notices

A person must not knowingly make material misrepresentations in a copyright notice or counter-notice.

Spark Rack may reject, restrict, or report notices that appear to be used for harassment, censorship, impersonation, competitive interference, removal of criticism, suppression of lawful speech, or another improper purpose.

A sender may be liable for damages, costs, or attorneys’ fees arising from knowing material misrepresentation. Spark Rack may preserve and disclose relevant records when legally permitted.

14. Fair Use and Other Legal Exceptions

Copyright law may permit certain uses through fair use, license, public-domain status, statutory exception, or another legal doctrine.

A complaining party should consider possible lawful uses before submitting a notice. A Customer should consider obtaining legal advice before submitting a sworn counter-notice.

Spark Rack does not provide legal opinions on whether a particular use is fair use and may rely on the statutory notice-and-counter-notice process.

15. Trademark, Defamation, Privacy, and Other Complaints

The DMCA process is intended for copyright claims. It is not the proper process for every dispute involving:

1. Trademarks or trade dress;
2. Defamation or business disparagement;
3. Privacy or publicity rights;
4. Contract disputes;
5. Trade secrets;
6. Patent rights;
7. Domain-name ownership;
8. Fraud;
9. Harassment;
10. Impersonation; or
11. Unlawful content unrelated to copyright.

Those matters should be reported through the appropriate abuse, legal, security, or court process. Spark Rack may nevertheless act under another policy when the reported material violates applicable law or Spark Rack terms.

16. Preservation Requests and Copyright Subpoenas

Spark Rack may preserve relevant records when required by valid legal process or when reasonably necessary to protect legal rights, prevent fraud, investigate Abuse, or respond to a dispute.

A request for subscriber identification under section 512 must be issued through the proper United States district-court process and served on Spark Rack through the legal-request channel.

A copyright complaint by itself does not entitle a complainant to private Customer information.

17. Customer Responsibilities

Every Customer must:

1. Use only material the Customer owns, licenses, or is otherwise legally authorized to use;
2. Maintain records of licenses and permissions where appropriate;
3. Respond promptly to Spark Rack copyright notices;
4. Remove or disable material when required;
5. Not repost disputed material merely to evade enforcement;
6. Not create another Account to evade restriction or termination;
7. Not interfere with standard technical measures;
8. Not submit false counter-notices;
9. Maintain accurate contact information;
10. Require End Users to comply with copyright law; and
11. Indemnify Spark Rack as provided in the Terms of Service for claims arising from Customer Content or conduct.

18. Reseller Responsibilities

A reseller must maintain and reasonably enforce a copyright policy for downstream customers, promptly forward notices, preserve relevant records, and take action when instructed by Spark Rack.

A reseller may not conceal the identity of a downstream customer, ignore repeated notices, or make representations that Spark Rack has approved allegedly infringing content.

The reseller remains responsible for all activity under the reseller Account.

19. No Guarantee of a Particular Outcome

Spark Rack does not guarantee that a complaint will result in removal, that a counter-notice will result in restoration, that a court will agree with either party, or that disputed material will remain available during a disagreement.

Processing time depends on completeness, complexity, technical location, Customer cooperation, legal restrictions, and the volume of requests.

20. Contact and Required Registration

Questions about this Policy may be submitted through the legal or abuse channel in the Spark Rack Customer Portal.

Publishing this Policy does not replace Spark Rack’s obligation to maintain a current designated-agent registration with the United States Copyright Office. The public contact information in this Policy must match the registered information.

Spark Rack
Attn: Copyright and DMCA Matters
PO Box 2215
Valdosta, GA 31604
United States

21. Acknowledgment

By using the Services, Customer acknowledges that:

1. Customer is responsible for all Customer Content and all necessary rights and permissions.
2. Spark Rack may remove or disable access to material after receiving a sufficient copyright notice.
3. Spark Rack may forward notices and counter-notices to the opposing party.
4. Spark Rack may terminate repeat infringers in appropriate circumstances.
5. A takedown is not a judicial finding of infringement.
6. A counter-notice is a sworn legal communication and should not be submitted casually.
7. False notices and counter-notices may create legal liability.
8. Copyright complaints do not automatically entitle a complainant to Customer information.
9. Other Spark Rack policies continue to apply even when material is restored through a counter-notice.