Copyright & DMCA Policy

1. Who we are and what this covers

TomSparkBox (SparkBox) is made by Cloakpoint Media LLC ("we", "us"). We respect copyright and expect everyone who uses our software and services to do the same. This policy explains how to tell us about material on a service we host that you believe infringes your copyright, how a user can respond, and what happens to accounts that infringe repeatedly. It works alongside our Terms of Service.

It applies to material stored on systems we operate:

• tomsparkbox.com, including our guides, blog and release downloads;
• demox.world, our forum and support site: public posts and comments, and files attached to private support tickets;
• Hosted Hearth group chats at yourname.hearthchat.net;
• Off-site backup storage for SparkBox customers.

2. What SparkBox is, and what we do not do

SparkBox is software that people install on their own computers. It sets up general-purpose, open-source apps (a media player, library managers, download clients, a photo library, file sync and many more) that run entirely on the customer's own hardware. It is used for personal media collections, home videos, photos, documents and other lawful purposes.

• We do not host, store, index, search for, link to or supply movies, TV shows, music or any other media. We do not operate, recommend or pre-configure any indexer, tracker or content source, and no media passes through our servers when a SparkBox user downloads, stores or streams something.
• We have no access to customers' computers. We cannot see, control, remove or disable what a person keeps on their own hardware, and we do not monitor what they do with the software. (The one exception is an optional remote-support session that a customer can switch on themselves, for a limited time, with sparkbox support enable; it is used only to fix the problem they asked about.)
• If you believe someone is infringing your copyright with files on their own computer, we are not the host of that material and cannot take it down. Your notice belongs with the service that actually carries it (for example the person's internet or hosting provider). We will reply to tell you so.
• We respond to valid legal process as described on our Legal Requests page, which also lists what records we hold and what we do not have.

3. Our designated agent

Send copyright notices and counter-notices to our designated agent:

• Name: Copyright Agent, Cloakpoint Media LLC
• Email: legal@tomsparkbox.com (subject line "DMCA notice" or "DMCA counter-notice")
• Postal address: [BUSINESS MAILING ADDRESS]
• Telephone: [PHONE NUMBER]

This address is for copyright and legal matters only. Product support requests sent here are not answered; use private support instead.

4. How to send a copyright notice

Under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), a notice must be in writing and include:

1. your physical or electronic signature (or that of a person authorised to act for the copyright owner);
2. identification of the copyrighted work you say is infringed (or, for several works, a representative list);
3. identification of the material you say is infringing and information reasonably sufficient for us to find it on our service, ideally the exact URL of the post, comment, file or page;
4. your name, postal address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorised to act on the owner's behalf.

Before sending a notice, consider whether the use may be fair use or otherwise permitted. Under 17 U.S.C. § 512(f), a person who knowingly misrepresents that material is infringing may be liable for damages. Notices that do not substantially meet these requirements may not be acted on; where a notice is only partly complete we will try to contact the sender.

5. What we do when we receive a valid notice

• We remove or disable access to the identified material promptly.
• We make a reasonable effort to tell the user who posted or stored it, and we may send them a copy of the notice (including the sender's name and contact details) so they can respond.
• We record the notice against the user's account for the repeat-infringer policy in section 7.
• Hosted Hearth messages and files and off-site backups are encrypted on the customer's side, so we cannot read or review them. We act on a notice for these services by disabling the specific file or account the notice identifies.

6. Counter-notice

If you believe material of yours was removed by mistake or misidentification, you may send our designated agent a counter-notice (17 U.S.C. § 512(g)(3)) that includes:

1. your physical or electronic signature;
2. identification of the material that was removed and where it appeared before removal;
3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who sent the original notice or their agent.

We will send a copy of a valid counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action to stop the infringement, we may restore the material 10 to 14 business days after we receive the counter-notice.

7. Repeat infringers

We terminate, in appropriate circumstances, the accounts of users of our hosted services who repeatedly infringe copyright. This covers demox.world accounts, hosted Hearth, and off-site backup accounts.

• Each valid notice that is not successfully answered by a counter-notice (or withdrawn) counts as a strike against the account that posted or stored the material.
• An account with three strikes within 12 months is terminated. We may terminate sooner where infringement is flagrant or deliberate, and we may also end a person's access to our other services.
• A terminated user may not open a new account to get around this policy.
• For paid hosted services, termination under this policy follows the Terms of Service.

8. Our own software and content

SparkBox installs independent open-source projects under their own licences (see the Terms). If you believe our own code, website text or images infringe your rights, send a notice to the same address and we will review it.

9. Changes

We may update this policy. The date at the top shows when it last changed.