Acceptable Use Policy:​

The Hub, powered by Spark Space Creative Acceptable Use Policy (“AUP”) applies to the use of any product, service or website provided by us (The Hub, powered by Spark Space Creative), whether we provide it directly or use another party to provide it to you (each “Hub Service” or “Hub Downloadable Content”). This AUP is designed to ensure compliance with the laws and regulations that apply to The Hub, powered by Spark Space Creative. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the Hub Service unless you agree to them. By using the Hub Service, you are agreeing to these terms.

Proper usage of the Hub Services:

• In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the Hub Service in a manner that:
• is threatening, abusive, harassing, stalking, or defamatory;
• is deceptive, false, misleading or fraudulent;
• is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
• contains vulgar, obscene, indecent or unlawful material;
• infringes a third party’s intellectual property right(s);
• publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
• uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
• downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
• falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
• restricts or inhibits any other user of the Hub Service from using and enjoying our website and/or the Hub Service;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
• is legally actionable between private parties;
• is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;
• encourages, promotes, facilitates or instructs others to engage in illegal activity;
• promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. 
• Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Hub Service, regardless of whether the Hub Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Hub Service.
• You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the Hub Service.
• You will use the Hub Service for your internal business purposes and will not: (i) willfully tamper with the security of the Hub Service or tamper with our customer accounts; (ii) access data on the Hub Service not intended for you; (iii) log into a server or account on the Hub Service that you are not authorized to access; (iv) attempt to probe, scan, or test the vulnerability of any Hub Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Hub Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Hub Service or make the Hub Service available to a third party other than as indicated in your subscription to the Hub Service; (vii) use the Hub Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Hub Service without our prior written consent.

Proper usage of the Hub Downloadable Content:

You will respect the limits that apply to your use of the Hub Downloadable Content as specified below:

• Any downloadable files are not to be edited in any way that is:
  • • threatening, abusive, harassing, stalking, or defamatory;
    • deceptive, false, misleading or fraudulent;
    • invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
    • contains vulgar, obscene, indecent or unlawful material;
    • infringes a third party’s intellectual property right(s);
    • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
    • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
    • restricts or inhibits any other user of the Hub Downloadable Content from using and enjoying our website and/or the Hub Downloadable Content;
    • is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence;
    • encourages, promotes, facilitates or instructs others to engage in illegal activity;
    • promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. 
    • Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the Hub Downloadable Content, regardless of whether the Hub Downloadable Content is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the Hub Downloadable Content.
    • You will use the Hub Downloadable Content for your internal business purposes and will not: (i) willfully tamper with the security of the Hub Downloadable Content or tamper with our customer accounts; (ii) access data on the Hub Downloadable Content not intended for you; (iii) log into a server or account on the Hub Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Hub Downloadable Content or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Hub Downloadable Content unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Hub Downloadable Content or make the Hub Downloadable Content available to a third party other than as indicated in your subscription to the Hub Service; (vii) use the Hub Downloadable Content for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Hub Downloadable Content without our prior written consent.
• Downloadable content can only be shared within the agency that purchased the membership.
• Content may be shared facility to facility ONLY if said facilities are owned, rented, or leased by the agency that purchased the membership and/or content.

For Head Start only:

• Content cannot be shared from one Head Start association to another.
• Content cannot be shared from one home-based facility to another.

General terms:

• We may immediately suspend your access to the Hub Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. In addition to suspending your access if you breach this AUP, we may terminate your subscription/membership agreement for cause. You acknowledge we may disclose information regarding your use of any Hub Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
• We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
• We may update and change any part or all of this AUP. If we update or change this AUP, the updated AUP will be posted at https://sparkspacecreative.com/the-hub-terms-of-service-and-conditions/