Terms of Service
1 – Parties
1.1 This agreement is executed between Sparfly LLC (hereinafter referred to as “Sparfly”) providing the services outlined in the services section, and the individual or entity identified in the new customer registration section (hereinafter referred to as the “Customer”), in relation to the use of the website operated at www.sparfly.com (hereinafter referred to as the “Site”) and the services purchased through the Site under the terms and conditions set forth herein.
1.2 The parties declare, acknowledge, and undertake the accuracy of the information provided in this agreement.
2 – Subject
2.1 This agreement governs the rights and obligations of the parties arising from the provision of services selected and purchased by the customer through the Site, the payment to be made to Sparfly for such services, and the permissions and limitations based on the information provided by the customer during registration.
2.2 Membership information is provided by the customer during registration and is presumed to be accurate and complete.
2.3 Sparfly may require and verify the customer’s contact information (email, phone, etc.) for notifications, newsletters, or account verification. The services may be conditional on successful verification.
2.4 Sparfly may use the registered contact information to send service-related notices or newsletters.
3 – Responsibilities
3.1 Sparfly will provide the services requested and paid for by the customer. Upon order confirmation and payment, Sparfly undertakes to deliver the specified services.
3.2 Payment details and applicable taxes are presented during checkout and shall be paid according to the customer’s selected plan (monthly/yearly).
3.3 Service will commence upon order confirmation. Account and password security is the sole responsibility of the customer.
3.4 The customer agrees to comply with Sparfly’s terms and notices. The customer may not resell or redistribute services provided for personal use.
3.5 All communications between Sparfly and the customer are confidential and may not be disclosed without written permission from Sparfly.
3.6 The customer agrees not to access or interfere with unauthorized files or software and is liable for any resulting damages.
3.7 The customer is responsible for all applicable taxes, duties, and charges related to the use of the services.
3.8 The customer is solely responsible for the legality of content, files, and communications within the services.
3.9 Sparfly is not liable for content misuse, loss of data, or interruptions. The customer is responsible for backups.
3.10 Domain registrations completed and paid for belong to the customer. Sparfly acts as an agent for registrar-related tasks.
3.11 Sparfly’s total liability is limited to the monthly service fee. Sparfly is not liable for indirect or unforeseeable damages.
3.12 Sparfly will take reasonable measures to maintain backups, but the customer must ensure their own data backup.
3.13 Specific terms for each service are outlined on respective product pages.
3.14 Sparfly reserves the right to modify services over time.
3.15 Services must not harm other users. Violations may lead to service suspension without notice.
3.16 Unlimited resources are subject to fair use. Abuse may result in warnings or suspension.
3.17 Sparfly may terminate service at any time, refunding the remaining balance.
3.18 Expired services may be terminated. Data retention is not guaranteed for unpaid services.
3.19 Domain-related services follow ICANN and registrar rules.
3.20 Domain management errors must be promptly reported to Sparfly.
3.21 WHOIS data is the responsibility of the customer. Non-verified records may be suspended.
3.22 Domain services comply with ICANN and registrar policies.
3.23 Domain disputes follow registrar and ICANN (UDRP) procedures.
3.24 Sparfly may restrict access to disputed domains.
3.25 WHOIS privacy does not exempt customers from legal obligations.
3.26 Sparfly may change domain service terms without notice. Renewals are subject to current terms.
3.27 Expired domains may be parked or deleted. Domains not renewed may enter redemption, requiring additional fees for recovery.
3.28 Domains are services, not goods. Rights lapse if payments are not made.
4 – Term
4.1 The agreement takes effect upon order and payment.
4.2 The term is based on the selected billing cycle.
5 – Fees
5.1 Fees are presented at the time of order and include applicable taxes.
5.2 Prices may change without notice due to inflation or supply costs. Non-acceptance terminates service at the end of term.
5.3 Refunds are based on exchange rates at the order date.
5.4 Payment is due within 5 business days after ordering.
5.5 Late payments may incur interest and late fees.
5.6 Services may be suspended until payment is completed.
5.7 Payment notifications must include product name, order number, and payment method.
6 – Suspension
6.1 Services may be suspended due to payment issues or policy violations.
6.2 During suspension, all services (email, FTP, etc.) are inaccessible.
7 – Termination
7.1 Breach of agreement or false information may result in termination without notice.
7.2 No refunds are given for terminated accounts. A penalty of 5 times the contract fee applies.
7.3 Early termination by the customer requires paying half of the remaining term’s fees.
8 – Communication
8.1 Legal notices are sent to the address provided during registration.
8.2 Notices are valid whether received or not unless updated in writing.
8.3 Sparfly may send messages via email or SMS, which are deemed legally delivered.
9 – Default
9.1 Payment not received within 5 days is considered default. Interest and penalties apply.
9.2 Legal actions may include 7% interest, 50% penalty, 10% attorney fee, and legal costs.
9.3 Customer agrees to bear bond costs for injunctive relief or liens.
10 – Data Protection and Privacy
10.1 All data handling complies with applicable U.S. federal and state privacy laws (e.g., CCPA where applicable).
10.2 Personal data will be processed and protected in accordance with Sparfly’s Privacy Policy.
10.3 Customer agrees to obtain any required consents from data subjects when sharing personal data with Sparfly.
10.4 Data may be shared with third parties as necessary under standard contractual safeguards.
10.5 International transfers are subject to proper legal mechanisms (e.g., SCCs).
10.6 The customer is responsible for secure transmission and legal processing of personal data.
10.7 Sparfly will maintain appropriate security measures.
10.8 Any breach must be reported within 24 hours. Cooperation is expected.
10.9 Legal requests must be communicated within 48 hours.
10.10 All parties agree to comply with relevant data protection laws.
10.11 Data subject requests must be forwarded within 48 hours.
10.12 For personal data processed under this Agreement, Sparfly is the data processor, and Customer is the data controller.
10.13 Customer is liable for damages arising from non-compliance with data laws.
11 – Acceptable Use Policy
The following uses are prohibited:
• Malicious content (e.g., viruses, malware);
• Intellectual property violations;
• Fraud, threats, or hate speech;
• Torrent or illegal content;
• Illegal pornography;
• Privacy violations;
• Unsolicited advertising or spam;
• Activities harming Sparfly or third parties.
Violation may lead to immediate suspension or termination without liability.
12 – Force Majeure
12.1 Events beyond control (e.g., outages, natural disasters, war, pandemics) are force majeure.
12.2 Affected parties are not liable for delays caused by such events.
12.3 If lasting more than one month, either party may terminate without penalty.
13 – Jurisdiction
13.1 This agreement is governed by the laws of the State of Delaware (or Wyoming, depending on incorporation), United States. Disputes will be resolved in the courts of the applicable state.
14 – General Terms
14.1 The General Terms of Use available on the Sparfly website also apply to all services.
—
General Terms of Service
These Terms of Service apply to all services/packages offered by Sparfly LLC, unless otherwise stated in a separate User Agreement.
1. The email quota for each hosting account is equal to the package disk space. The email sending limit is 200 emails/hour. Sparfly LLC reserves the right to modify hourly sending limits at its discretion.
2. Backups taken by the customer may be stored on the server for up to 20 days. After this period, backups may be automatically deleted by the system.
3. Hosting packages may not be used for file sharing, file/data storage, download centers, or other purposes that contradict standard web hosting concepts.
4. Packages may not be used for bulk/spam email sending. Sparfly LLC reserves the right to limit hourly sending without prior notice.
5. Customers are responsible for backing up their data. Sparfly LLC shall not be held liable for any data loss.
6. Free migration services do not guarantee 100% transfer accuracy or availability.
7. Unlimited features are based on fair usage. Customers may not use packages beyond reasonable limits. CPU limits are enforced, and monthly traffic is monitored with a fair use limit of 50GB.
8. Unless otherwise specified, CPU usage per account is limited to 25% per core. Some packages may allow up to 50% usage.
9. Unless otherwise stated, the inode (file count) limit per hosting account is 100,000.
10. Only domains associated with the active hosting account can be used. If domains are used for other services (e.g., email), Sparfly LLC may suspend service without notice.
11. Addons/Alias/Parked domains must belong to the account holder. Using domains not owned by the customer may result in suspension.
12. No backend functions or library modifications may be performed that affect server security.
13. Only standard functions are available in the control panel. Installing third-party modules (e.g., for WordPress, OpenCart) is not allowed unless explicitly supported.
14. SSH access is not provided on shared hosting environments.
15. Functions such as exec, escapeshellarg, popen, and proc_open are disabled for security reasons.
16. Sparfly.com reserves the right to monitor and limit excessive resource usage (CPU, disk space, MySQL/MSSQL, traffic, etc.) and may suspend or throttle usage accordingly.
17. Sparfly.com may modify server performance settings, including IP, server hardware, or infrastructure, without prior notice.
18. Discounts, campaigns, promotions, and free services may be terminated or limited at Sparfly’s discretion. Abuse may result in termination of benefits or account suspension.
19. Each account has a single administrator. Shared access or third-party login may result in access being restricted.
20. Sparfly.com reserves the right to terminate services without refund for policy violations.
21. Sparfly.com may change or update these Terms of Service at any time. Pricing changes are governed by Section 22.
22. Due to changes in material costs, partner/vendor pricing, inflation, and legal obligations, Sparfly reserves the right to change its prices with a 30-day notice. If the customer does not accept price changes, they may terminate the service by notifying Sparfly LLC via email ([email protected]) at least 5 business days before the next billing cycle.
Prohibited Domains and Content Policy
This policy outlines the types of domains and content that are not permitted to be registered, transferred, or hosted on our servers under Sparfly LLC (hereafter “Company”), in accordance with U.S. federal and state laws, and industry best practices. Violations may result in immediate suspension or termination of the service without prior notice.
Prohibited Domain Names
We do not allow the registration, transfer, or hosting of domain names that fall into any of the following categories:
• Domains violating U.S. federal laws or encouraging illegal activity.
• Domains impersonating or misleadingly referring to financial institutions or banking services (e.g., “chasebranch”, “wellsfargopay”, “bofaonline”).
• Domains imitating credit card payment or billing platforms (e.g., “payinvoice”, “cardpaynow”).
• Domains infringing upon trademarked gaming titles or systems (e.g., using brand names like “Fortnite”, “WoW”, “Metin2”, “MT2” without authorization).
Prohibited Content & Services
You may not host, store, or distribute content or services related to the following on our servers:
• Content that violates any U.S. federal or state law, including but not limited to the DMCA, CAN-SPAM Act, COPPA, and Patriot Act.
• Toplist sites or “traffic exchange” platforms.
• IRC bots, scripts, or servers.
• Proxy services, anonymizers, or VPN services designed to evade detection or regulation.
• Phishing or fraudulent sites mimicking legitimate entities.
• Unauthorized image hosting or hotlinking services (e.g., similar to Photobucket, Tinypic).
• Autosurf, PTC, PPC, or ad-click manipulation systems.
• IP scanners, port scanners, or similar network scanning tools.
• Brute force tools, hacking utilities, or password cracking applications.
• Email bombing tools or spam-sending software/scripts.
• Commercial ad/banner rotation networks.
• File upload/mirror services (e.g., similar to Rapidshare, Hotfile).
• Unauthorized streaming of copyrighted audio, music, or radio content.
• Hosting or facilitating debt recovery, debt trading, or loan documents not compliant with U.S. law.
• High-Yield Investment Programs (HYIP), Ponzi schemes, or MLM/pyramid schemes.
• Sites involved in currency speculation (Forex), crypto mining, or unlicensed digital asset exchanges.
• Unlicensed sale of government-regulated products.
• Gambling, lottery, or betting-related content not legally authorized in the hosting jurisdiction.
• Text-based multiplayer games (MUDs, RPGs, PBBGs) that promote hacking or abuse.
• Hacking tutorials, tools, software, or archive repositories.
• Forums or platforms distributing pirated software, warez, or illegal content.
• Fake escrow, fake banking, or fraud sites (as referenced on sites like escrow-fraud.com).
• Bulk email marketing platforms (e.g., Mailer Pro) or apps enabling mass mailing.
• Browser-based email click scripts or auto-clickers.
• Unauthorized streaming of live sports broadcasts (e.g., UFC, FIFA, NBA, WWE).
• Automated friend-adders or social spam tools.
• Anonymous or bulk SMS sending applications.
• Sites related to cryptocurrency mining, trading, or exchanges, unless properly registered and compliant with local laws.
• Payday loan services or lead generation related to high-interest lending practices.
• Any form of child pornography, exploitation, or content that may be harmful to minors — zero tolerance applies. Any content suspected of violating this policy will be immediately removed, and relevant authorities will be notified as required by law.
Enforcement
Violating any portion of this policy may result in:
• Immediate account suspension or termination.
• Deletion of violating content or domains without prior notice.
• Reporting to law enforcement or appropriate authorities when required by law.
If you have questions about whether your content or domain is permitted, please contact our compliance team at [[email protected]].
Acceptable Use & Conduct Policy
This Acceptable Use Policy (“Policy”) outlines activities that are prohibited when using the services of Sparfly LLC (“Sparfly”, “we”, “us”). Any use of our services, by you or your network/users, that violates the following rules or raises reasonable suspicion thereof will be considered unauthorized and may result in immediate suspension or termination of services without liability or compensation.
By using our services, the Customer (“you”) agrees not to store or distribute any of the following content via our infrastructure:
• Malicious content including viruses, malware, or other harmful software, or links/references to such content.
• Content that violates third-party rights, including intellectual property, or content that is defamatory, abusive, threatening, harassing, discriminatory, hateful, or otherwise objectionable.
• Content that facilitates or promotes illegal or fraudulent activity, including criminal behavior or scams.
• Torrents, magnet links, or files facilitating the unauthorized distribution of copyrighted material.
• Any pornographic material involving criminal acts or facilitating access to such content.
• Content that violates personal privacy, including the processing of third-party personal data without consent or legal basis.
• Any form of spam, unauthorized advertising, unsolicited messages, or junk mail.
• Activities that interfere with Sparfly’s systems or the systems of others, or that could cause damage to shared infrastructure. This includes running processes, bots, or scripts that may degrade performance or availability.
⸻
System Usage & Resource Policy
Our mission is to provide reliable, high-performance services to all customers. To ensure the stability and quality of our platform, all users must follow resource usage rules outlined in their service plans.
• Excessive usage of disk space, CPU, bandwidth, or other server resources that adversely affects server performance or other clients is strictly prohibited.
• We operate a zero-tolerance policy on spam. Our email systems must not be used to send unsolicited emails or bulk promotional messages.
⸻
Data Responsibility & Backups
We understand that the data hosted on our systems may be valuable to our customers. However:
• We cannot estimate the actual value of your data. If your data is more valuable than the monthly cost of your service, you must inform us and implement additional safeguards accordingly.
• Even if you have purchased a backup service, we strongly recommend keeping regular backups of your websites and data on your own systems.
• Regardless of the service level, you are 100% responsible for maintaining your own backups.
• In case of data loss, if we possess system-level backups (taken for disaster recovery), we will gladly share those backups with you upon request, even if you have not purchased a backup plan.
Good Faith Usage
All plans and resources are monitored and managed under the principle of good faith usage. We reserve the right to take necessary actions—including suspension or restriction—if services are used beyond reasonable limits or in a manner that jeopardizes system integrity.
If you have any questions about these policies or need clarification on your responsibilities, please contact our support team at [email protected]
—
Web Design and Software Services Agreement
Effective Date: Upon acceptance or payment by the Client.
ARTICLE 1 – PARTIES AND DEFINITIONS
This Agreement is entered into by and between Sparfly LLC (hereinafter referred to as “Service Provider” or “Sparfly”), and the individual or legal entity identified in the order form or online panel as the purchaser of services (hereinafter referred to as “Client”).
By placing an order or making a payment on sparfly.com and sub domains the Client acknowledges that they have read, understood, and agreed to be bound by this entire Agreement.
⸻
ARTICLE 2 – SUBJECT OF THE AGREEMENT
This Agreement covers the web design and/or software development services that the Client requires for the purposes of communication, promotion, advertising, or similar activities to be provided by Sparfly.
⸻
ARTICLE 3 – CLIENT OBLIGATIONS
3.1. The Client is responsible for providing the server/hosting infrastructure and any hardware or software requirements needed to host the delivered project, unless purchased as an add-on service from Sparfly.
3.2. The Client must supply all necessary text, images, and other materials in a timely manner. Delays due to late delivery of such materials shall not be the responsibility of Sparfly.
3.3. The Client acknowledges that all proprietary software techniques used by Sparfly remain the intellectual property of Sparfly and shall not be duplicated or distributed without written consent.
3.4. The Client accepts full responsibility for all content, opinions, statements, and materials provided. Sparfly shall not be held liable for any third-party claims related to such content.
3.5. The Client is solely responsible for maintaining backups and securing all data. Sparfly shall not be liable for any data loss or damage, and the Client waives all claims for compensation.
3.6. The Client affirms that they hold all necessary rights for any content, media, or assets provided to Sparfly. Sparfly is not liable for any copyright issues arising from the Client’s materials.
⸻
ARTICLE 4 – SPARFLY OBLIGATIONS
4.1. Sparfly shall deliver the web design and/or software requested by the Client for their promotional or business needs.
4.2. Sparfly will fix bugs or malfunctions reported within 1 to 4 weeks of delivery, subject to additional charges depending on the nature of the issue.
4.3. Any additional development or design changes requested by the Client (e.g., homepage redesigns, additional pages, banners) will be quoted and billed separately.
⸻
ARTICLE 5 – CONFIDENTIALITY AND SECURITY
5.1. Both parties shall maintain the confidentiality of non-public data. Sparfly agrees not to share access credentials or customer information (FTP, database, admin panel, etc.) with any third party.
5.2. Sparfly is not responsible for damages resulting from the Client’s employees or third parties misusing or disclosing access credentials.
⸻
ARTICLE 6 – VALIDITY OF ELECTRONIC COMMUNICATIONS
All communications, including emails, instant messages, and faxes, shall be considered legally binding and admissible in legal proceedings.
⸻
ARTICLE 7 – NOTICES
All notices related to this Agreement shall be sent to the addresses specified in the Client’s online profile or order details. Changes must be submitted via certified mail to be effective.
⸻
ARTICLE 8 – WARRANTY
8.1. Sparfly will test and deliver the software/site in functional form. A 7-day limited warranty period begins upon delivery.
8.2. Sparfly is not responsible for issues arising from external/internal factors such as server crashes or cyberattacks. Fixes in such cases may incur additional charges.
8.3. After the warranty expires, Sparfly disclaims responsibility for all issues, including but not limited to technical incompatibilities, human error, or hacking attempts.
⸻
ARTICLE 9 – PRICING AND PAYMENT
A fixed service fee will be quoted in advance. The Client shall pay 70% upfront and the remaining 30% once 80% of the project is completed. Additional work or changes may be billed separately depending on scope and requirements.
⸻
ARTICLE 10 – PROJECT COMPLETION AND CANCELLATION
If Sparfly is unable to complete the project due to reasons beyond the Client’s control, a partial refund may be issued based on the completed portion of the work.
10.1. If any portion of the service (such as website drafts, software, licenses, designs, etc.) has been delivered, the initial deposit (50%) will be considered non-refundable.
⸻
ARTICLE 11 – PROJECT PLAN
All pricing and project details are specified in the attached Quote or the service page at https://shop.sparfly.com or https://panel.sparfly.com.
⸻
ARTICLE 12 – DEVELOPMENT PROCESS
The Client may track project progress through a client dashboard or demo environment. Project timelines will be shared in writing depending on Sparfly’s workload and the selected service package.
⸻
ARTICLE 13 – GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and interpreted under the laws of the State of Delaware or Wyoming (based on incorporation), United States. All legal disputes shall be resolved in the appropriate state or federal courts located within the state of incorporation.
—
Advertising and Social Media Management Services Agreement
Effective Date: Upon order placement or initial payment by the Client.
⸻
1. Parties
This Agreement is made by and between Sparfly LLC (hereinafter referred to as the “Provider”) and the person or entity purchasing the service through sparfly.com and dub domains (hereinafter referred to as the “Client”).
By placing an order or making payment, the Client acknowledges that they have read, understood, and accepted the entire contents of this Agreement.
⸻
2. Definitions
• Client:
The person or entity purchasing services listed by the Provider on the above websites, using any acceptable method of payment.
• Provider:
Sparfly LLC, the rightful owner and seller of advertising and social media services on the above platforms.
• Website (“Site”):
The online platform located at sparfly.com and its subdomains where e-commerce and service-related operations are conducted.
• Services:
Refers to services offered by the Provider via the Site, including but not limited to Google Ads, Meta Ads, and Social Media Content Management. The Provider reserves the right to modify or update the Services at any time.
⸻
3. Purpose and Scope
This Agreement outlines the conditions for utilizing advertising and social media management services (e.g., Google Ads, Meta Ads, Social Media Content Creation) and defines the rights and obligations of both parties.
⸻
4. Force Majeure
Neither party shall be held liable for failure or delay in fulfilling contractual obligations due to events beyond their control, including but not limited to natural disasters, war, terrorism, governmental restrictions, power/internet outages, platform account reviews (e.g., Google/Meta), or international sanctions.
⸻
5. Rights and Obligations
5.1 Client Responsibilities
a) The Client agrees to abide by this Agreement and all applicable laws and policies while using the services.
b) The Client acknowledges that the Provider may be legally required to disclose Client information to government authorities upon valid legal request.
c) The Client is responsible for the accuracy and legality of all information provided. The Provider is not liable for inaccuracies or legal issues arising from Client-submitted content.
d) The Client may not transfer or assign any part of this Agreement without the written consent of the Provider.
e) The Provider may manage advertising campaigns on platforms such as Google, Meta, TikTok, or LinkedIn, or may provide content creation services on these platforms.
f) The specific services and scope will be based on the agreed-upon package or offer.
g) For long-term services, payments will be made monthly or annually. Automatic invoice creation will occur prior to the due date.
h) The Client must provide necessary access credentials for platform setup and management. Failure to provide access shall not entitle the Client to a refund.
i) The Provider may request billing details (e.g., credit card or bank information) for platform integration. This data is not stored and is used only for one-time or recurring advertising payments.
j) The Provider is not liable for platform-specific algorithm issues, performance fluctuations, overcharges, or advertising interruptions. Campaign results are influenced by third-party platform dynamics.
k) The Provider reserves the right to refuse service for content violating platform or legal policies, including fraud, hate speech, pornography, or gambling. The Provider is not liable for suspended or restricted accounts.
l) The Provider may amend this Agreement at any time and notify active Clients via system email.
m) The Client is solely responsible for any intellectual property rights, licenses, and content they provide. The Provider will notify the Client when usage rights are necessary but bears no liability for copyright violations.
⸻
6. Cancellation and Refund Policy
Advertising and social media management services are pre-paid and non-refundable. The Provider reserves the right to suspend or terminate any related services without notice due to non-payment or issues with other Sparfly services.
⸻
7. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Delaware (or Wyoming, depending on Sparfly LLC’s incorporation). The parties agree to submit to the exclusive jurisdiction of the state and federal courts in the relevant state.
