Terms of Service
Last updated: August 5, 2026
Acceptance of These Terms
These Terms of Service (the "Terms") govern your access to and use of sparkroadmedia.com and any products, materials, and services provided by Spark Road Media (collectively, the "Services"). Spark Road Media is a division of EMH Stores LLC. By accessing or using the Services, you agree to be bound by these Terms on behalf of yourself or the business you represent. If you do not agree, do not use the Services. You must be at least 18 years old to use the Services.
Our Services
Spark Road Media provides website design, hosting, and maintenance services for local service businesses, and operates the Hometown Card shared direct-mail program. Our services are described on our Services page and in any written agreement between us and the client. Where a signed client agreement conflicts with these Terms, the signed agreement controls.
Payments and Billing
Website build fees are one-time payments due before work begins. Hosting fees are billed monthly or annually as agreed. Direct-mail block fees are billed per edition as agreed. All prices are listed on our Services page or in your written agreement. We reserve the right to update pricing with 30 days notice. Payments are processed by our third-party payment processor. Failed or reversed payments may result in suspension of services until the balance is settled.
Website Ownership
You own the content of your website. We retain ownership of the underlying code and design framework. If you cancel hosting, we will provide an export of your content upon request.
Updates and Changes
Clients on active hosting plans receive unlimited content and design updates. Updates are processed in the order received and completed as quickly as reasonably possible. "Unlimited" refers to the number of requests, not to unlimited scope: a request that amounts to a new build, a new site, or a fundamental redesign may be quoted separately.
Cancellation
You may cancel hosting at any time. Annual payments are non-refundable after 30 days. Monthly payments can be cancelled before the next billing cycle. There are no cancellation fees. Direct-mail placements cannot be cancelled once an edition has gone to print.
Your Responsibilities
You are responsible for the accuracy and legality of any content, claims, offers, images, or logos you provide to us for use on your website or in printed materials, and for holding the rights to use them. You agree not to use the Services to publish unlawful, infringing, deceptive, or harmful content, or to interfere with the operation or security of our systems.
Communications Consent
By providing your email address or phone number, you agree that we may contact you about your inquiry, your account, your projects, and your services. Consent to receive marketing calls or texts is not a condition of purchasing anything from us, and you can opt out at any time as described below and in our Privacy Policy.
SMS / Text Message Program
Program description: our SMS program sends appointment reminders, order and project updates, customer service replies, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services. Opting out: you can cancel the SMS service at any time by texting "STOP" to the number that messaged you. We will send a confirmation, after which you will no longer receive messages. To rejoin, sign up again as you did initially or text "START". Help: reply "HELP" for assistance, or email us at the address below. Carrier liability: carriers are not liable for delayed or undelivered messages. Message and data rates: message and data rates may apply for messages sent to you and from you. For questions about your text or data plan, contact your wireless provider. Recurring messages: by opting in, you authorize us to send recurring text messages to the mobile number you provide. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services. Prohibited content: our messages will never contain phishing or social engineering attempts to obtain your private information, illegal content, or SHAFT content (sex, hate, alcohol, firearms, tobacco) that does not comply with federal and state law. Opt-in data: all text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the text message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.
Protected Health Information (HIPAA)
The Services are website, marketing, and communication services. They are not designed, configured, or offered for the creation, receipt, maintenance, or transmission of Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act ("HIPAA"). We do not act as a Business Associate as that term is defined under HIPAA, and we do not enter into Business Associate Agreements. Nothing in these Terms creates a Business Associate relationship. If you are a covered entity or a business associate under HIPAA, you represent and warrant that you will not submit, upload, transmit, or otherwise make PHI available to us or through any system we provide or manage for you, including any website form, CRM, chat, calendar, or SMS service. If PHI is submitted in error, you agree to notify us promptly and we will delete it. You remain responsible for your own compliance obligations with respect to your patients, and you agree to indemnify and hold us harmless from any claim, penalty, or loss arising from PHI you submit in breach of this section. If your organization requires services that involve PHI, contact us in advance; absent a separate signed written agreement, the Services must not be used for any purpose involving PHI.
AI Features
Our website includes an AI chat assistant, and some services we build may include AI chat or voice features. You may be interacting with an automated system rather than a person. AI-generated responses can contain inaccuracies and should not be relied on as professional advice. You can request a human at any time. Our use of conversation data is described in our Privacy Policy.
Third-Party Platforms
Parts of what we deliver run on third-party platforms, including GoHighLevel / LeadConnector, Stripe, and Cloudflare. Those platforms are owned and operated by their providers, not by us. We are not responsible for service interruptions, outages, data loss or corruption, security breaches, or changes to features originating from those platforms. Their own terms and privacy policies apply to the data they process, and we cannot guarantee their continued availability. For issues with the core functionality of a third-party platform, you may need to contact that provider directly.
Intellectual Property
The Spark Road Media name, logo, site content, and the underlying code and design framework of the websites we build remain our property or that of our licensors. You receive a license to use the website we deliver for your business for as long as your agreement with us is active. You may not copy, resell, or redistribute our framework or templates.
Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted or error-free, and we do not guarantee any particular ranking, traffic, lead volume, or business result.
Limitation of Liability
Spark Road Media is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities. Our total liability for any claim is limited to the amount you paid us in the 12 months preceding the claim.
Indemnification
You agree to indemnify and hold harmless Spark Road Media, EMH Stores LLC, and their officers and agents from any claim, loss, liability, or expense arising from content you provide, your use of the Services, or your breach of these Terms.
Governing Law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of law rules. Any dispute arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in Waukesha County, Wisconsin, and you consent to the jurisdiction of those courts.
Changes to These Terms
We may update these Terms from time to time. We will post the updated version here with a new "last updated" date, and changes take effect when posted. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
Contact Us
Questions about these Terms: Email: ed@sparkroadmedia.com Phone: (262) 262-6300 Spark Road Media, a division of EMH Stores LLC, Brookfield, WI