Terms of Service

Webhole Vault — A product of Clifford's Webhole

1. Agreement to These Terms

These Terms of Service (“Terms”) govern your access to and use of Webhole Vault, including the Webhole Vault website, account services, private media storage services, and related features (collectively, the “Service”).

By creating a Webhole Vault account, purchasing a subscription, or otherwise expressly agreeing to these Terms, you enter into an agreement with Webhole Vault and agree to be bound by these Terms and our Privacy Policy.

You may not create or use a Webhole Vault account unless you agree to these Terms.

If you do not agree to these Terms, do not create an account or use the Service.

These Terms apply beginning on the date you first accept them and remain applicable while you maintain or use a Webhole Vault account, subject to the provisions concerning termination, deletion, and provisions that by their nature survive termination.

2. Eligibility and Account Registration

You must be at least eighteen (18) years old to create or maintain a Webhole Vault account.

By creating an account, you represent that you are at least 18 years old and legally capable of entering into these Terms.

You agree to provide accurate and reasonably current information when creating and maintaining your account, including a valid email address that Webhole Vault may use for account-related communications.

Your Webhole Vault account is personal to you. You are responsible for maintaining the confidentiality and security of your login credentials and for taking reasonable measures to prevent unauthorized access to your account.

You may not knowingly permit another person to access the Service using your credentials in a manner that circumvents these Terms, account restrictions, or applicable law.

If you know or reasonably suspect that your account or credentials have been compromised, you should promptly change your credentials and notify Webhole Vault at contact@webholevault.com.

Webhole Vault may require additional verification when reasonably necessary to protect an account, investigate suspected unauthorized access, or protect the security of the Service.

Creating an account using false information for the purpose of fraud, impersonation, evading account restrictions, or other unlawful activity is prohibited.

3. The Webhole Vault Service

Webhole Vault provides a private online service that allows registered users to upload, store, organize, view, retrieve, download, and manage supported photographs and other supported media associated with their accounts.

Webhole Vault is designed as a private storage service. The Service is not a social network, public photo-hosting service, public gallery, or content-discovery platform. Webhole Vault does not provide public profiles, public galleries, or public sharing links as part of its standard service.

Customer media is made available through authenticated account access and is not intentionally published by Webhole Vault for public viewing or indexing by Internet search engines.

Available storage capacity and certain features depend upon the customer's applicable trial or subscription plan. Storage limits and plan features may change in accordance with these Terms.

Webhole Vault may make reasonable changes, updates, maintenance modifications, security improvements, or technical changes to the Service as necessary to operate, secure, maintain, and improve it.

Webhole Vault does not guarantee that the Service will operate without interruption or error at all times. Additional provisions concerning service availability, security, and data protection appear elsewhere in these Terms.

4. Customer Content and Ownership

Photographs, images, and other supported media that you upload to Webhole Vault are referred to in these Terms as “Customer Content.”

Webhole Vault does not claim ownership of your Customer Content. You retain all ownership, copyright, and other intellectual-property rights that you have in your Customer Content.

By uploading Customer Content, you grant Webhole Vault a limited, non-exclusive license to store, copy, process, create private thumbnails or other technical derivatives of, back up, retrieve, transmit, and deliver your Customer Content solely as reasonably necessary to operate and provide the Service.

This license does not give Webhole Vault the right to sell your Customer Content, publish it to the public, use it in advertising, create public galleries from it, or use it to train artificial-intelligence or machine-learning models.

The license granted under this section exists only to the extent reasonably necessary to provide and operate the Service and ends when the applicable Customer Content has been deleted from Webhole Vault's active systems, subject to temporary retention in backups, storage-provider versioning or lifecycle systems, and any retention required by applicable law.

You represent that you have the legal right to possess and store the Customer Content you upload. You are not required to personally own the copyright in every item you store, provided that your possession and storage of that content is otherwise lawful.

Uploading Customer Content to Webhole Vault does not transfer ownership of that content to Webhole Vault.

5. Acceptable Use and Prohibited Content

Webhole Vault is intended for the private storage and management of lawful Customer Content. Webhole Vault does not restrict Customer Content merely because its subject matter may be personal, sensitive, controversial, or objectionable to others, provided that possession and storage of that content and the user's use of the Service are lawful.

You may not use Webhole Vault to possess, store, facilitate, or engage in activity that violates applicable federal, state, or local law.

You may not use the Service to commit or facilitate fraud; gain unauthorized access to accounts, systems, networks, or data; distribute malicious software; attack, disrupt, overload, probe, or interfere with Webhole Vault or its infrastructure; circumvent storage quotas, security measures, access controls, or account restrictions; impersonate another person for fraudulent or unlawful purposes; or otherwise use the Service to facilitate unlawful activity.

You may not knowingly upload or store content that is unlawful for you to possess or store.

You are responsible for ensuring that your use of the Service and your possession and storage of Customer Content comply with applicable law.

Webhole Vault may restrict access to content, suspend account activity, preserve information, or take other reasonable action when necessary to investigate suspected violations of these Terms, protect the security or integrity of the Service, comply with applicable law or valid legal process, or satisfy a legal preservation or reporting obligation.

Webhole Vault does not routinely inspect or monitor Customer Content merely to determine whether Webhole Vault approves of its subject matter.

6. Privacy and Access to Customer Content

Webhole Vault is designed to provide private storage for Customer Content. Customer Content is associated with the user's authenticated account and is not intentionally made available through public galleries, public profiles, public sharing links, or public content-discovery features.

Webhole Vault does not routinely view, inspect, review, or monitor Customer Content.

Authorized Webhole Vault personnel may access Customer Content only when reasonably necessary to provide technical support requested by the customer; investigate or respond to suspected unauthorized account access, security incidents, fraud, abuse, or violations of these Terms; diagnose, maintain, secure, or restore the Service when access to particular Customer Content is reasonably necessary; comply with applicable law, valid legal process, court orders, preservation requirements, or mandatory reporting obligations; or protect the rights, safety, security, or integrity of Webhole Vault, its customers, or others where permitted by law.

When access to Customer Content is required solely to provide customer-requested technical support, Webhole Vault will seek the customer's permission before viewing the content when reasonably practical.

Any authorized access to Customer Content will be limited, where reasonably practical, to the information necessary for the purpose requiring access.

Webhole Vault does not sell Customer Content, use Customer Content for advertising, publish Customer Content to the public, or use Customer Content to train artificial-intelligence or machine-learning models.

Webhole Vault may use third-party infrastructure and service providers as reasonably necessary to operate the Service. Such use does not transfer ownership of Customer Content to those providers or alter the ownership and privacy commitments contained in these Terms.

Additional information concerning the collection, use, retention, and disclosure of personal information is provided in the Webhole Vault Privacy Policy.

7. Free Accounts, Item Limits and Service Plans

Webhole Vault currently offers a Free account at no charge. No payment card or other payment information is required to create or use the current Free account.

Under the current Free account model, a Free account does not have a scheduled expiration date. The Service, available plans, features, limits, and eligibility may evolve as described in these Terms.

A Free account may retain up to 1,000 supported media items at a time, including photos and videos combined. Customer Content retained in Trash or another recoverable state counts toward this item limit until it is permanently removed.

Free accounts support individual video uploads up to 25 MB per file. Other technical upload, file-type, security, or processing limits may also apply to Customer Content as reasonably necessary to operate and protect the Service.

If an account reaches its applicable retained-item or other plan limit, new uploads may be disabled until the customer permanently removes sufficient retained content or otherwise becomes eligible for additional capacity.

Permanently removing eligible items from Trash frees those items from the Free account's retained-item count after the deletion has been processed by the Service. Copies or versions may remain temporarily in underlying backup, lifecycle, recovery, or legally required retention systems as described elsewhere in these Terms and the Privacy Policy.

Webhole Vault may introduce additional free, promotional, testing, trial, or paid plans in the future. Any material limits, prices, billing terms, or additional conditions applicable to such a plan will be disclosed as appropriate before enrollment or purchase.

A Free account does not automatically convert into a paid subscription. If Webhole Vault introduces paid subscriptions, a customer must affirmatively select and purchase a paid subscription before Webhole Vault will begin charging that customer.

8. Future Subscription Billing, Automatic Renewal, Cancellation and Refunds

Webhole Vault does not currently require a paid subscription to use the current Free account. The provisions in this Section describe terms that will apply if and when Webhole Vault makes paid recurring subscriptions available.

Before purchasing a paid subscription, Webhole Vault will disclose the applicable subscription price, billing frequency, recurring nature of the subscription, storage capacity, item limits, or other material plan limits, and material cancellation terms.

A paid subscription will begin only after the customer affirmatively selects and purchases the applicable plan. Merely having or using a Free account does not authorize Webhole Vault to charge the customer.

By purchasing a paid subscription, the customer authorizes Webhole Vault and its payment processor to charge the payment method provided for the disclosed subscription price and applicable taxes or other charges, if any.

If a paid subscription is offered on an automatically renewing basis, the recurring billing interval and renewal terms will be disclosed before purchase. The subscription will continue according to those disclosed terms until canceled.

Customers will be provided a method to cancel an automatically renewing paid subscription. Webhole Vault will not charge a cancellation fee merely for canceling a subscription.

Cancellation will prevent future renewal charges in accordance with the cancellation terms disclosed for the subscription. Unless otherwise required by applicable law or expressly stated by Webhole Vault, cancellation will not retroactively terminate a billing period that has already been paid.

Subscription payments may be non-refundable once an applicable billing period begins, except where a refund is required by applicable law or where Webhole Vault expressly provides otherwise.

Nothing in these Terms limits any refund, cancellation, or other consumer right that cannot lawfully be waived.

If Webhole Vault changes the recurring price applicable to an existing paid subscription, reasonable advance notice will be provided before the new price is charged when required by applicable law or the applicable subscription terms.

Webhole Vault may use a third-party payment processor if paid subscriptions are introduced. The Privacy Policy will describe applicable payment-related data practices and service providers as appropriate.

9. End of Service or Plan Eligibility and Content Retention

If Webhole Vault discontinues a plan, ends a customer's eligibility for a particular plan, terminates or suspends an account as permitted by these Terms, or a future paid subscription ends without renewal, access to some Service features may be restricted.

When reasonably appropriate for the circumstances, an affected account may enter a read-only retention period before stored Customer Content becomes eligible for deletion.

During a read-only retention period, the customer may continue to sign in and access and download existing Customer Content, subject to these Terms. New uploads may be disabled.

Unless Webhole Vault communicates a different retention period for the applicable circumstances, the standard read-only retention period is 30 days.

Webhole Vault will make reasonable efforts to notify the customer using the email address associated with the account when an account enters a time-limited read-only retention period and stored Customer Content is approaching eligibility for deletion.

After the applicable read-only retention period expires, the account and its Customer Content may be scheduled for deletion, subject to these Terms, applicable law, preservation obligations, and any other retention requirements that apply.

Customers are responsible for downloading Customer Content they wish to preserve before an applicable retention period expires.

Webhole Vault does not guarantee indefinite retention of Customer Content after a customer's right to use the Service has ended.

Deletion from the active Webhole Vault account does not necessarily result in instantaneous physical erasure from every underlying storage system. Deleted information may remain temporarily within storage-provider versioning, backups, recovery systems, or other systems as described in the Privacy Policy and as permitted or required by applicable law.

10. Customer-Requested Account Deletion

A customer may request permanent deletion of their Webhole Vault account through the account-deletion process provided by the Service.

Deleting an account is different from canceling a paid subscription. Canceling a subscription stops future renewal as described in these Terms. Requesting account deletion begins the process of permanently removing the customer's Webhole Vault account and associated Customer Content.

To help prevent accidental or unauthorized deletion, Webhole Vault may require the customer to re-authenticate, verify account ownership, and explicitly confirm the deletion request.

After a valid account-deletion request is confirmed, the account will ordinarily enter a 30-day deletion-pending period. During this period, new uploads may be disabled and the account may be restricted while the deletion request remains pending.

Webhole Vault will make reasonable efforts to send confirmation of the deletion request and the anticipated deletion date to the email address associated with the account.

During the 30-day deletion-pending period, the customer may cancel the account-deletion request through any recovery method made available by Webhole Vault.

After the 30-day deletion-pending period expires, the deletion request may become irreversible, and Webhole Vault may delete the account, associated account records, and Customer Content through its normal deletion processes.

Customers should download any Customer Content they wish to preserve before final account deletion.

Deletion from Webhole Vault's active systems does not necessarily cause instantaneous physical erasure from every underlying storage system.

Webhole Vault may retain limited information beyond the ordinary deletion period when reasonably necessary to comply with applicable law or valid legal process, satisfy preservation or accounting obligations, prevent or investigate fraud or abuse, resolve disputes, enforce these Terms, or protect the security and integrity of the Service.

Webhole Vault will not retain Customer Content following account deletion for the purpose of advertising, sale, public publication, or artificial-intelligence or machine-learning training.

11. Trash, Restoration and Permanent Photo Deletion

When a customer deletes individual Customer Content through the standard Webhole Vault deletion process, that content may first be moved to Trash rather than being immediately and permanently removed.

Customer Content placed in Trash will ordinarily remain eligible for restoration for approximately 30 days, unless it is permanently deleted earlier by the customer, deletion is required by law, or circumstances outside Webhole Vault's reasonable control prevent continued retention.

While Customer Content remains in Trash, it continues to count toward the customer's applicable retained-item, storage, or other plan limit because the content remains stored and recoverable.

Customers may restore eligible Customer Content from Trash during the applicable recovery period using the restoration features provided by Webhole Vault.

If a customer chooses Permanently Delete, the content will no longer be recoverable through the customer's Webhole Vault account once the permanent-deletion process has successfully completed.

Customer Content remaining in Trash beyond its applicable recovery period may become eligible for automatic permanent deletion.

Permanent deletion from the customer's active Webhole Vault account does not necessarily result in instantaneous physical erasure of every underlying copy.

Webhole Vault may preserve particular Customer Content when required by applicable law, valid legal process, a preservation obligation, or another legal requirement.

Webhole Vault does not guarantee recovery of Customer Content after the Trash recovery period has expired or after a permanent-deletion request has successfully completed.

12. Service Availability, Backups and Risk of Data Loss

Webhole Vault uses reasonable measures designed to maintain the availability, integrity, and security of the Service and Customer Content.

However, no Internet-connected storage service can guarantee uninterrupted availability, error-free operation, absolute security, or that data loss, corruption, or temporary unavailability will never occur.

The Service may occasionally become unavailable because of scheduled or emergency maintenance, software or hardware failures, security incidents, Internet or network disruptions, third-party infrastructure failures, upgrades, natural disasters, or other circumstances within or outside Webhole Vault's reasonable control.

Webhole Vault will make reasonable efforts to maintain and restore the Service following disruptions within its control.

Customers should maintain an independent copy of important or irreplaceable Customer Content. Webhole Vault should not be used as the customer's only copy of irreplaceable photographs or other media.

Webhole Vault may use redundant storage, backups, versioning, disaster-recovery systems, or third-party infrastructure as part of operating and protecting the Service. The existence of any such systems does not constitute a guarantee that particular Customer Content can always be recovered.

Customers are responsible for confirming that important uploads have successfully completed and for maintaining independent copies appropriate to the importance of their content.

Nothing in this section limits rights or remedies that cannot lawfully be excluded or limited under applicable law.

13. Security and Security Incidents

Webhole Vault uses reasonable administrative, technical, and organizational safeguards designed to protect customer accounts, personal information, and Customer Content against unauthorized access, disclosure, alteration, loss, or misuse.

Customers acknowledge that no method of Internet transmission, online storage, or electronic security can guarantee absolute security.

If Webhole Vault discovers a security incident involving unauthorized access to customer information or Customer Content, Webhole Vault will take reasonable steps to investigate the incident, contain and remediate identified threats, preserve relevant information when appropriate, and determine whether notification or other action is required under applicable law.

When notification to affected customers is required by applicable law, Webhole Vault will provide such notification in accordance with applicable legal requirements.

Webhole Vault may temporarily restrict access to an account or portions of the Service when reasonably necessary to investigate suspected compromise, prevent continuing unauthorized access, protect Customer Content, preserve evidence, or protect the security and integrity of the Service.

Customers should promptly notify Webhole Vault at contact@webholevault.com if they know or reasonably suspect that their account credentials have been compromised.

Webhole Vault may cooperate with service providers, security professionals, insurers, legal counsel, governmental authorities, or law enforcement when reasonably necessary to investigate or respond to a security incident and when permitted or required by applicable law.

Nothing in this section limits any security, breach-notification, or consumer-protection obligation imposed upon Webhole Vault by applicable law.

14. Suspension and Termination by Webhole Vault

Webhole Vault may temporarily restrict, suspend, or terminate an account when Webhole Vault reasonably determines that such action is necessary because of a material violation of these Terms, unlawful activity, fraud, payment abuse, attacks on the Service, circumvention of technical protections, a material security or operational threat, suspected account compromise, or a legally binding requirement.

When circumstances reasonably permit, Webhole Vault will provide notice of a material account suspension or termination and, where appropriate and lawful, provide the customer a reasonable opportunity to correct the violation or retrieve lawful Customer Content.

Webhole Vault may take immediate action without advance notice when reasonably necessary to address an active security threat, suspected account compromise, fraud, unlawful activity, risk of harm, or legal obligation, or when Webhole Vault is prohibited by law from providing notice.

Suspension of an account does not necessarily mean that Customer Content will be deleted.

Webhole Vault will not intentionally destroy Customer Content for the purpose of interfering with valid legal process, a preservation obligation, or an investigation with which Webhole Vault is legally required to cooperate.

Where an account is permanently terminated, Customer Content will be handled according to the applicable retention and deletion provisions of these Terms, except where continued preservation or earlier removal is required by law.

Nothing in this section requires Webhole Vault to continue providing access to Customer Content when providing such access would itself violate applicable law or a legally binding order.

15. Government Requests and Legal Process

Webhole Vault respects the privacy of its customers and does not voluntarily disclose Customer Content or non-public account information to governmental authorities merely upon informal request.

Webhole Vault may disclose Customer Content, account information, or other records when Webhole Vault reasonably determines that disclosure is required by applicable law, valid legal process, a subpoena, court order, search warrant, preservation requirement, or other legally binding governmental demand.

Where reasonably practical, Webhole Vault may review governmental demands for apparent legal validity, appropriate authority, and scope before producing customer information.

Webhole Vault may seek clarification, modification, limitation, or other appropriate relief when a request appears defective, invalid, excessively broad, or otherwise legally objectionable.

Webhole Vault will endeavor to disclose only information reasonably responsive to the lawful scope of a valid demand.

When legally permitted and reasonably practical, Webhole Vault may notify the affected customer of a governmental request for their information.

Webhole Vault may preserve Customer Content, account records, logs, or other information when required by a valid preservation request or other applicable legal obligation.

Webhole Vault may make disclosures permitted or required by applicable law in emergency circumstances involving an imminent risk of death or serious physical harm.

Nothing in these Terms requires Webhole Vault to obstruct lawful investigations, conceal or destroy evidence, violate a preservation obligation, or notify a customer when such notification is prohibited by law.

16. Copyright and DMCA

Webhole Vault respects the intellectual-property rights of others and expects customers to use the Service in accordance with applicable copyright and intellectual-property laws.

You may upload and store Customer Content only when you have the legal right to possess and store that content.

Webhole Vault does not claim ownership of copyrights or other intellectual-property rights in Customer Content merely because that content is stored through the Service.

If Webhole Vault receives a copyright infringement notice concerning Customer Content, Webhole Vault may review the notice and take action when required or appropriate under applicable law.

Where applicable, Webhole Vault intends to process qualifying copyright infringement notifications and counter-notifications in accordance with the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. § 512.

In appropriate circumstances, Webhole Vault may terminate accounts of customers who are determined to be repeat copyright infringers.

Submission of a copyright complaint does not automatically establish that infringement has occurred.

Webhole Vault may restore or otherwise handle affected Customer Content following a valid counter-notification in accordance with applicable law.

Webhole Vault will provide information on its website identifying the method for submitting copyright and DMCA notices, including the contact information for Webhole Vault's designated DMCA agent when applicable.

Nothing in this section limits any rights, defenses, exceptions, or remedies available under applicable copyright law.

17. Webhole Vault Intellectual Property

Except for Customer Content and third-party materials, Webhole Vault and its licensors retain all rights, title, and interest in and to the Service and Webhole Vault's original materials, including its name, logos, branding, website content, documentation, graphics, interface elements, software, source code, designs, and other materials protected by applicable intellectual-property laws.

A Webhole Vault account or subscription provides the customer with a limited, personal, non-exclusive, non-transferable right to access and use the Service in accordance with these Terms.

You may not copy, reproduce, distribute, sell, license, publicly display, or commercially exploit Webhole Vault's proprietary materials except as permitted by applicable law or with Webhole Vault's prior authorization.

You may not use Webhole Vault's name, logos, branding, or other identifying materials in a manner that falsely suggests sponsorship, endorsement, affiliation, or authorization by Webhole Vault.

Certain components used to operate the Service may be provided under open-source, commercial, or other third-party licenses and remain subject to their applicable license terms.

Nothing in this section gives Webhole Vault ownership of Customer Content.

18. Third-Party Service Providers

Webhole Vault may use third-party service providers and infrastructure providers as reasonably necessary to operate, secure, maintain, support, and provide the Service.

These providers may perform functions such as data storage, hosting and infrastructure, email delivery, payment processing, security services, monitoring, backup or disaster recovery, and other technical or business-support functions.

Webhole Vault will use reasonable care in selecting and managing service providers that may process Customer Content or personal information on Webhole Vault's behalf.

The use of a third-party service provider does not transfer ownership of Customer Content to that provider.

Webhole Vault does not authorize its service providers to sell Customer Content, publicly publish Customer Content, use Customer Content for advertising, or use Customer Content to train artificial-intelligence or machine-learning models on Webhole Vault's behalf.

Third-party infrastructure and services may occasionally experience outages, failures, maintenance events, security incidents, or other disruptions outside Webhole Vault's direct control.

Webhole Vault may change service providers or infrastructure providers when reasonably necessary for security, reliability, functionality, cost, legal compliance, or operation of the Service.

When a change in service provider would result in a material change to how customer personal information or Customer Content is collected, used, or disclosed, Webhole Vault will provide notice or obtain consent when required by applicable law or these Terms.

Additional information concerning categories of service providers and privacy practices will be described in the Webhole Vault Privacy Policy.

19. Changes to the Service, Plans, Pricing and Terms

Webhole Vault may modify, update, add, discontinue, or replace features of the Service as reasonably necessary to improve, maintain, secure, operate, or develop Webhole Vault.

Webhole Vault may also change available account plans, retained-item limits, storage capacities, plan features, eligibility, or pricing from time to time.

Changes to subscription pricing will apply prospectively. Webhole Vault will not retroactively increase the price of a billing period that has already been paid.

When Webhole Vault makes a material change to the recurring subscription price or other material subscription terms applicable to an existing customer, Webhole Vault will provide advance notice and any consent, cancellation, refund, or other mechanism required by applicable law before the change takes effect.

Webhole Vault may revise these Terms from time to time. Minor, administrative, clarifying, or non-material changes may become effective when revised Terms are published with an updated effective date.

When a revision materially affects customers' rights or obligations, Webhole Vault will provide reasonable advance notice and obtain renewed consent when required.

Webhole Vault will maintain reasonable records identifying the version and effective date of its Terms.

Webhole Vault will not use a change to these Terms as a means of retroactively granting itself materially broader rights to Customer Content inconsistent with the ownership and privacy commitments under which the Customer Content was originally provided.

Webhole Vault will not retroactively modify these Terms merely to authorize the sale of Customer Content, use of Customer Content for advertising, public publication of private Customer Content, or use of Customer Content for artificial- intelligence or machine-learning training without obtaining any consent required by applicable law and the nature of the proposed change.

If a customer does not agree to a material change requiring renewed acceptance, the customer may discontinue use of the Service and cancel any applicable subscription, subject to the retention and retrieval provisions of these Terms.

20. Notices and Communications

You agree to provide and maintain a valid email address associated with your Webhole Vault account.

Webhole Vault may use that email address to send communications reasonably necessary to operate, administer, secure, and provide the Service, including verification, authentication, security, billing, subscription, price, expiration, storage-limit, deletion, legal, and material policy notices.

These communications are considered transactional or service-related communications and may be necessary for Webhole Vault to provide and administer your account.

Where reasonably practical, particularly important notices concerning account expiration, pending account deletion, or approaching eligibility for deletion of Customer Content may also be displayed within the authenticated Webhole Vault interface.

You are responsible for maintaining an email address that you can access and for keeping your account contact information reasonably current.

Marketing or promotional communications are separate from communications necessary to operate the Service. Where consent is required by applicable law, Webhole Vault will not treat acceptance of these Terms or creation of an account as consent to receive optional marketing communications.

Customers may opt out of optional marketing communications. Opting out of marketing does not prevent Webhole Vault from sending necessary transactional, security, billing, legal, or account communications.

Notices to Webhole Vault may be sent using the contact methods identified on the Webhole Vault website, including contact@webholevault.com, except where a different method is specifically provided.

21. Disclaimer of Warranties

Webhole Vault will use reasonable care in operating and providing the Service consistent with these Terms.

Except for obligations expressly stated in these Terms and to the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis.

Webhole Vault does not warrant that the Service will be uninterrupted, error-free, completely secure, or available at all times, or that every software defect, transmission failure, storage failure, security incident, or other technical problem can be prevented.

Webhole Vault does not guarantee that Customer Content can always be recovered following hardware failure, software failure, corruption, unauthorized activity, deletion, expiration of an applicable retention period, failure of third-party infrastructure, or other circumstances affecting the Service.

To the maximum extent permitted by applicable law, Webhole Vault disclaims implied warranties that may otherwise apply to the Service, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent that such warranties cannot lawfully be excluded or limited.

No statement in these Terms excludes, limits, or waives any warranty, consumer protection, statutory right, or other legal protection that cannot lawfully be excluded, limited, or waived.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Webhole Vault and its owners, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Service or these Terms, including damages resulting from loss of use, loss of business opportunity, loss of profits, or loss of data, except to the extent that such liability cannot lawfully be excluded or limited.

The limitations in this section apply only to the maximum extent permitted by applicable law and will not apply to liability that applicable law prohibits Webhole Vault from excluding or limiting.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, or any other liability that cannot lawfully be excluded or limited.

Nothing in this section eliminates any non-waivable consumer right or remedy available under applicable law.

The limitations described in this section are intended to allocate the risks associated with providing an online storage service at the subscription prices charged by Webhole Vault and should be interpreted consistently with applicable law.

23. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Webhole Vault and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable costs and expenses, including reasonable legal fees, arising directly from your unlawful use of the Service; your material violation of these Terms; Customer Content that you did not have the legal right to possess or store; your infringement or violation of another person's legal rights; or fraud, malicious activity, intentional misuse, or other unlawful conduct attributable to you.

Your indemnification obligations apply only to the extent that the applicable claim, liability, damage, or expense results from conduct for which you are legally responsible.

Webhole Vault will provide reasonable notice of an indemnified claim when reasonably practical and may permit you to participate in the defense or resolution of the claim where appropriate.

You may not agree to a settlement on behalf of Webhole Vault that admits wrongdoing by Webhole Vault, imposes an obligation upon Webhole Vault, or requires Webhole Vault to pay money without Webhole Vault's prior consent.

This section does not require you to indemnify Webhole Vault for Webhole Vault's own fraud, willful misconduct, unlawful conduct, or other liability that applicable law does not permit Webhole Vault to shift to a customer.

24. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to the Service will be governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent that applicable federal law or another law that cannot lawfully be displaced applies.

Before initiating formal legal proceedings concerning a dispute arising from the Service or these Terms, you and Webhole Vault agree to make a reasonable, good-faith effort to resolve the dispute informally.

A customer may begin the informal dispute process by contacting Webhole Vault and describing the nature of the dispute and the relief requested.

Unless immediate legal action is reasonably necessary to prevent irreparable harm, preserve a legal right, comply with a filing deadline or statute of limitations, protect the security or integrity of the Service, or obtain emergency relief, the parties will ordinarily allow up to 30 days after receipt of a dispute notice to attempt informal resolution.

Nothing in this section prevents either party from pursuing a claim in an applicable small-claims court when that court has jurisdiction or from seeking temporary, emergency, injunctive, or other relief where appropriate.

These Terms do not presently require customers to resolve disputes through mandatory binding arbitration and do not presently contain a class-action waiver.

Webhole Vault may consider adopting an arbitration or alternative dispute-resolution provision in the future only through an appropriate amendment to these Terms, with legally required notice or consent and after appropriate legal review.

25. General Legal Terms

Entire Agreement. These Terms, together with the Webhole Vault Privacy Policy and any additional terms expressly presented and accepted in connection with a particular feature, subscription, or service, constitute the agreement concerning your use of the Service.

Severability. If any provision is determined to be invalid, unlawful, or unenforceable, it will be enforced to the maximum extent permitted by law or severed where appropriate, while the remaining provisions continue in effect.

No Waiver. Webhole Vault's failure or delay in enforcing a provision does not waive the right to enforce it later.

Assignment. You may not transfer or assign your Webhole Vault account or your rights or obligations under these Terms without Webhole Vault's consent, except where applicable law provides otherwise.

Webhole Vault may assign or transfer its rights and obligations in connection with a merger, acquisition, reorganization, sale of substantially all relevant business assets, change in business structure, or similar transaction, subject to applicable law and the privacy and Customer Content protections contained in these Terms.

No Third-Party Beneficiaries. Except where expressly provided otherwise, these Terms do not create contractual rights for unrelated third parties.

Headings. Section titles are provided for convenience and do not independently alter the meaning of these Terms.

Electronic Agreement. Where permitted by applicable law, these Terms and related notices, disclosures, and agreements may be presented and accepted electronically.

Survival. Provisions that by their nature should continue after expiration, cancellation, deletion, or termination will survive to the extent necessary to give them effect.

Relationship of the Parties. These Terms do not create a partnership, joint venture, employment relationship, agency relationship, franchise, or fiduciary relationship between a customer and Webhole Vault.

Non-Waivable Rights. Nothing in these Terms is intended to eliminate, restrict, or waive rights or protections that applicable law does not permit the parties to eliminate, restrict, or waive.

26. Contact Information and Effective Date

Questions concerning these Terms, a Webhole Vault account, or the Service may be directed to:

Webhole Vault
A product of Clifford's Webhole
Email: contact@webholevault.com
Website: webholevault.com

Specific matters may have separate contact procedures provided elsewhere on the Webhole Vault website, including copyright and DMCA notices, security reports, account-support requests, and other matters requiring specialized handling.

These Terms become effective for a customer when the customer accepts the version presented during account registration or when a revised version becomes effective in accordance with Section 19.

Webhole Vault may maintain prior versions of these Terms for recordkeeping and to document the terms applicable during earlier periods of the Service.