Whois API LLC ("Whois API") provides Whois Lookup (defined below) to you subject to the following conditions. This is a legal agreement between you and Whois API. In consideration of Whois API allowing you to use Whois Lookup and by accessing Whois Lookup you agree to be bound by the terms of this agreement ("Agreement").
Whois Lookup consist of all services and information made available by Whois API via the Internet at the whois.whoisxmlapi.com web site not covered by separate agreements.
You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the "Whois API Properties") received via Whois Lookup in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a Whois Lookup account. Whois API retains all rights not expressly granted by this Agreement.
You may only use Whois Lookup and the Whois API Properties as follows:
You understand and agree that Whois API may monitor your use of Whois Lookup to ensure compliance with the terms of this Agreement and to ensure proper function of Whois Lookup.
Whois Lookup's historic uptime has been 99.9% over the past year. It is Whois API's goal to maintain an uptime of 99.9% or greater. You understand and agree that service outtage can occur due to unexpected reasons, in which case Whois API will restore service in a reasonable and timely fashion. Whois API is not responsible for any loss as a result of service outtage.
You understand and agree that Whois Lookup's response time can vary depending on many factors including server load, network latency, and technical reasons. Response time can be as low as 500 ms or much longer due to specified reasons above. A "typical" average response time is about 2 to 3 second.
You agree to defend, indemnify, and hold harmless Whois API and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of Whois Lookup by you, or by any other person using Whois Lookup through you or using your computer.
You understand and agree that Whois Lookup are provided on an "as is" and "as available" basis. You expressly agree that use of Whois Lookup is at your sole risk. To the maximum extent permitted by applicable law, Whois API disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Without limiting the foregoing, neither Whois API nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (a) that Whois Lookup, including its content, will meet your requirements or be accurate, complete, reliable, or error free; (b) that the service will always be available or will be uninterrupted, accessible, timely, or secure; (c) that any defects will be corrected, or that the service will be free from viruses, "worms," "trojan horses" or other harmful properties; (d) the availability for sale, or the reliability or quality of any products discussed or referenced in the service; (e) any implied warranty arising from course of dealing or usage of trade; and (f) that the service is noninfringing. Whois API and its affiliates hereby disclaim, and you hereby waive and release Whois API and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising out or in connection with this Agreement, Whois Lookup, and Whois API Properties, whether or not arising from the negligence (active, passive or imputed) of Whois API or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through Whois Lookup is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of Whois Lookup. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.
In no event shall Whois API, its affiliates, it suppliers, or any of their officers, directors, employees, agents, representatives, information providers, or licensors be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use Whois Lookup, even if Whois API has been advised of the possibility of such damages. In any event, Whois API's cumulative liability to any user for any and all claims relating to the use of Whois Lookup shall not exceed the total amount paid by the user for Whois Lookup during the preceding three month period.
You may terminate this Agreement by ceasing to use Whois Lookup and the Whois API Properties. Whois API reserves the right to terminate this Agreement (and/or your account) or discontinue Whois Lookup or any portion or feature thereof for any reason and at any time at its sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using Whois Lookup, including the Whois API Properties, and any applicable portions or features thereof, and delete all Whois API Properties in your possession or control (including from your application and your servers).
This Agreement will terminate automatically if you fail to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. You will immediately delete any Whois API Properties or other Whois API proprietary information in your possession or control.
Whois API may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Whois API web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Whois Lookup or the Whois API Properties following Whois API's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change. Whois API may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the Whois API web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of Whois Lookup or the Whois API Properties following Whois API's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change.
This Agreement shall be governed by the laws of the State of California, U.S.A. Exclusive jurisdiction over disputes arising under this Agreement or regarding use of Whois API Services will be in the state and federal courts of and sitting in Collin County, Texas, U.S.A. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. In any litigation involving this Agreement or the use of Whois Lookup, the prevailing party will be entitled to recover reasonable attorneys' fees.
This Agreement constitutes the entire agreement between you and Whois API regarding Whois Lookup and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and Whois API regarding Whois API Services. Except as provided by Section 9, this Agreement may not be amended, varied or supplemented except by a writing executed by both you and Whois API that specifically references this Agreement and the provision(s) to be amended, varied or supplemented, and, without limitation of the foregoing, no provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance, or any other matter not set forth in a writing executed as provided above in this sentence.