Terms of Service

Whois JSON API makes available database services, webservices, and allows for the download of data from data feeds as described herein and as specified on its website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Your use of the data, tools, or other services offered or otherwise made available by Whois JSON API signifies your agreement to the following terms and conditions and any policies referenced herein (collectively, the "Agreement"). This Agreement is a binding legal contract entered into by you and Whois JSON API. You and the company you represent (if any), are referred to herein as the "Customer". If you are the representative of a larger organization, you hereby represent and warrant that you have the requisite authority to bind such organization, or shall otherwise not make use of the services and/or products made available by Whois JSON API.

Definition of Whois JSON API Hosted Webservice

• "Data" means all data retrieved via the Services, whether as Parsed Data or raw format database dumps, and whether provided via Webservices or Data Feed. Data includes data provided in any format, including but not limited to MYSQL, and CSV files.
• "Purchase Order Form" means a Whois JSON API ordering document which, if duly executed by both Parties, sets forth the Data that Customer may access and use pursuant to this Agreement.
• "Services" means the services as provided by Whois JSON API to Customer pursuant to this Agreement, including but not limited to the Data Feed and Webservices API services.
• "Data Feed" means the provision Data as a data feed, namely in a downloadable format for use off of local storage.
• "Webservices" is the provision of the Data via webservices API, for retrieval from network storage.
• "Parsed Data" as used herein refers to specific data fields separated from the original record. Examples of such fields include, but are not limited to, registrant name, postal address, postal code, country code, phone number, and email address.
• "License and Use Exhibit" means a separately executed document covering additional services, data, or allowed uses.

Ownership

As between Customer and Whois JSON API, Whois JSON API owns and shall continue to own the Services, all underlying software making the Services operable, the Data, Parsed Data, all derivatives thereof, and all intellectual property rights therein.

SaaS and Commercial Use License

Subject to this Agreement, the applicable plan, and any executed order form, Whois JSON API grants Customer a limited, nonexclusive, non-transferable license to access and use the Services during the subscription term.

Customer may use the API within Customer's applications, websites, internal tools, commercial products, and hosted services. Customer may provide access to API-powered functionality and results to Customer's end users as part of Customer's own product or service, provided Customer remains responsible for that use and complies with this Agreement.

Usage is governed by plan limits, request quotas, rate limits, concurrency limits, billing terms, and any written order form. Usage is not restricted to a single server, virtual machine, site, region, or deployment environment unless a separate signed agreement says otherwise.

Whois JSON API shall retain all rights not expressly granted herein, and Customer shall not use the Data, Services, or any Whois JSON API Properties in any manner not expressly allowed.

OEM, Reseller, and White-Label Use

Standard plans allow Customer to build API-powered functionality into Customer's own applications and services. OEM, reseller, marketplace, white-label, sublicensing, or standalone resale use requires a separate written agreement with Whois JSON API.

Under an approved OEM or reseller agreement, Customer may embed the API into Customer's products and resell access according to the scope, pricing, attribution, support, and compliance terms in that agreement.

Use Restrictions

• No Abuse; Prohibited Uses. Customer may not use the Data or the Services, or any APIs provided by Whois JSON API for any abusive purpose, nor may Customer use the Data or the Services to abuse computer resources accessible through any network—local, wide-area, or internet. Whois JSON API does not collect Customer queries information and is not responsible for any potential abuse stemming from any Customer client application. The term "abuse" as used herein shall include, but is not limited to, unauthorized data mining, denial of service attacks, unauthorized computer system incursions, and any actions that violate applicable laws and/or regulations. Furthermore, Customer may not use the Data or the Services in any manner that could damage, disable, overburden, or impair Whois JSON API’s Data, Services, and/or the network(s) connected thereto, or interfere with any other party's use and enjoyment of Whois API’s Data and Services. Customer may not attempt to gain unauthorized access to Whois JSON API’s Data or Services, or any other accounts, computer systems or networks connected to the Services, through hacking, password mining, or any other means. Finally, Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Whois JSON API through its Services.
• Plan Limits and Automated Use. Customer's use must stay within the request limits, rate limits, concurrency limits, feature limits, and billing terms for the applicable plan or order form. Whois JSON API may reject, throttle, suspend, or limit requests that exceed applicable limits or threaten the reliability, security, or integrity of the Service. Unless a plan or written agreement states otherwise, limits apply across all deployments, applications, and instances using Customer's account or tokens in aggregate.
• Data usage. Customer may use API results in Customer's applications and workflows, including commercial products, subject to applicable law and this Agreement. Customer may not use contact information, personal data, or domain data obtained through the Services for unlawful marketing, spam, harassment, unlawful profiling, credential attacks, or any purpose prohibited by applicable law or registry policy. Customer is responsible for Customer's applications, customers, and end users that receive or use API-powered functionality or results.
• Credential Protection. Customer shall not allow unauthorized parties to use Customer's account or API credentials and shall remain responsible for activity conducted through Customer's credentials. Customer must not publish API keys in client-side code, public repositories, logs, URLs, screenshots, or support tickets.
• Resale Scope. Customer may expose API-powered functionality and results to end users as part of Customer's own application or service. OEM, reseller, marketplace, white-label, sublicensing, or standalone resale use requires a separate written agreement with Whois JSON API.

Term

This Agreement is effective as of the date of your first access and/or use of the Services and shall continue in effect for as long as the term of any license granted pursuant to a duly executed License and Use Exhibit, or Service provided hereunder pursuant to any Purchase Order Form, unless earlier terminated in accordance with the terms of this Agreement.

Fees, Payments, & Taxes

• Fees for particular permitted uses and license grants shall be as specified in the relevant duly executed License and Use Exhibit
• All Purchase Order Forms are subject to acceptance by Whois JSON API in writing.
• All service orders are non-cancelable, and all fees paid thereunder are non-refundable.
• Prices are subject to change at any time. Fees for the services and license grants provided per the terms herein do not include any taxes. Customer is responsible for any and all of its tax liability arising from the payment of any fees described herein, unless exempt therefrom.
• Payment of the total invoice amount, without offset or deduction, is due five (5) days from the invoice date or as otherwise approved in writing by Whois JSON API. On any past due invoice, Whois JSON API may charge (i) interest from the payment due date to the date of payment at 18% per annum, plus reasonable attorney fees and collection costs; or (ii) the maximum amount that is allowed under the applicable law, whichever is less. At any time, Whois JSON API may change the terms of Customer’s credit, require financial data from Customer for verification of Customer’s creditworthiness, require a bank guarantee or other security, or suspend any outstanding Purchase Order Forms of Customer. Whois JSON API may apply payments to any of Customer’s accounts. If Customer defaults on any payment under this Agreement, Whois JSON API may reschedule or cancel any outstanding delivery and declare all outstanding invoices due and payable immediately. Unless otherwise provided by applicable law, any credit issued by Whois JSON API to Customer in respect of any of Customer’s accounts will expire if unused for twelve (12) months following the date of issuance of such credit.
• Payment & Documentation of Taxes. All prices quoted are exclusive of all applicable sales, use and other related taxes. Whois JSON API shall invoice Customer for all taxes applicable to payment of fees pursuant to this Agreement, itemized by type and jurisdiction, which Whois JSON API is required by law to collect from Customer.
• Entity Size. Fees described herein or in any Purchase Order Form are based on, among other factors, the size of the licensing entity. Notwithstanding anything to the contrary within this Agreement or on any Purchase Order Form, upon any increase of the licensing entity employee count of more than twenty percent (20%), the licenses granted herein shall cease to be effective, and the parties shall mutually agree upon different pricing. For the avoidance of doubt, upon the merger with, purchase by, or purchase of another entity, all employee counts shall be aggregated. Should two or more entities with licenses to Whois JSON API products merge or otherwise become structured in a way to be under common control, license fees shall continue to be due for such products under separately entered license agreement.

Invoice Disputes

Within thirty (30) days of the invoice date, Customer must notify Whois JSON API in writing and provide sufficiently detailed support of any invoice dispute. If Customer fails to do so, Customer is deemed to have waived its right to dispute that invoice and the invoice will be deemed accurate and valid.

Trademarks

Either party may make general statements to confirm the existence of this Agreement. Whois JSON API grants Customer the limited right to use Whois JSON API’s logos and trademarks in any marketing and promotional materials associated with this Agreement. Customer grants Whois JSON API the limited right to use Customer’s logos and trademarks in any marketing and promotional materials associated with this Agreement, including but not limited to on WHOS API’s website.

Indemnification

Customer agrees to defend, indemnify, and hold harmless WHOS 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 Customer’s use of the Data, the Services, or any Parsed Data; any breach of this Agreement by Customer; or any use of Whois JSON API’s Data, Services, or Parsed Data by any third party via the use of Customer’s credentials, software, computers, or systems.

Warranties and Disclaimers

Customer understands and agrees that the Whois JSON API Services are provided on an "as is" and "as available" basis. Customer expressly agrees that use of the Whois JSON API Services is at Customer’s sole risk.

To the maximum extent permitted by applicable law, Whois JSON 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 non-infringement.

Without limiting the foregoing, neither Whois JSON API nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant: (a) that the Whois JSON API Data, Services, or Parsed Data, will meet Customer’s 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 non-infringing.

Customer acknowledges and agrees that any content downloaded or otherwise obtained through the Services is done at Customer’s own discretion and risk and that Customer will be solely responsible for any damage to Customer’s computer system or loss of data that results from any use of the Services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to Customer. Customer may also have other legal rights, which vary from jurisdiction to jurisdiction.

Limitation of Liability

In no event shall Whois JSON 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 the Whois JSON API Data, Services, or Parsed Data, even if Whois JSON API has been advised of the possibility of such damages. Notwithstanding anything contained herein to the contrary, Whois JSON API's cumulative liability to Customer for any and all claims relating to this Agreement and/or the use of the Whois API Data, Services, and Parsed Data shall not exceed the total amount paid by Customer to Whois JSON API for the Services, during the three (3) month period preceding the claim.

Termination

Customer may terminate this Agreement by ceasing to use the Data, the Services, and the Whois JSON API Properties. Notwithstanding anything contained herein and/or any License and Use Exhibit or Purchase Order Form to the contrary, Whois JSON API reserves the right to terminate this Agreement (and/or Customer’s account) or discontinue the Services 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, Customer must immediately stop and thereafter desist from using the Services, including the Data and Whois JSON API Properties, and any applicable portions or features thereof, and delete all Data and Whois JSON API Properties in Customer’s possession or control (including but not limited to in Customer’s applications and on Customer’s computer systems and servers). Upon notice of termination, all amounts due for the then-current term of the contract become immediately due and payable, and all of Customer’s rights to any Data, Services, and Parsed Data will automatically lapse.

Breach of Agreement

This Agreement will terminate automatically if Customer fails to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate, and Customer will immediately delete any and all Whois JSON API proprietary information, including but not limited to Services, Data, and the Whois JSON API Properties, in Customer’s possession or control.

Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the State of California, without reference to its conflict of laws provisions. Any dispute or controversy arising under or in connection with this Agreement shall be settled by binding arbitration, conducted in accordance with the commercial rules of the American Arbitration Association then in effect. Judgment may be entered on the award of the arbitrator in any court having jurisdiction. Any determination by such arbitrator shall be consistent with the provisions of this Agreement as set forth herein. In any litigation involving this Agreement or the use of Whois JSON API’s Services, the prevailing party will be entitled to recover reasonable attorneys' fees.

Entire Agreement; No Third-party Beneficiary; Severability

This Agreement constitutes the entire agreement between Customer and Whois JSON API, regarding the Data, Services, and Parsed Data noted herein and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between Customer and Whois JSON API regarding the same. This Agreement may not be amended, varied or supplemented except by a writing executed by both Customer and Whois JSON API that specifically references this Agreement and the provision(s) to be amended, varied or supplemented. No representation or statement not contained in this Agreement shall be binding upon Whois JSON API as a warranty or otherwise. This Agreement does not provide any third party with any remedy, claim, liability, reimbursement, cause of action or other right or privilege. Notwithstanding anything to the contrary herein, Whois JSON API may amend this Agreement at any time and at its sole discretion. Should any such amendment materially affect rights of Customer, Whois JSON API shall make conspicuous notice of such amendment via the website and/or e-mail. Customer’s continue use of the Services after such amendment shall signify Customer’s acknowledgement and acceptance thereof.

Confidentiality

If Customer receives from Whois JSON API any information marked "Confidential" and/or "Proprietary," then Customer agrees not to use such information except in the performance of this Agreement, and to treat such information in the same manner as it treats its own confidential information. The obligation to keep information confidential shall not apply to any such information that has been disclosed in publicly available sources; is, through no fault of Customer, disclosed in publicly available source; is in the rightful possession of Customer without an obligation of confidentiality; or is required to be disclosed by operation of law, provided the Customer provides Whois JSON API with prior written notice of said required disclosure; thereby, affording Whois JSON API an opportunity to contest said disclosure and protect its Confidential and/or Proprietary information. Except as otherwise provided herein, the obligation not to disclose shall be for a period of three (3) years after the disclosure of the Confidential Information.

Survival

Any provisions that by their nature should survive the termination of this Agreement (including all Purchase Order Forms), for any reason whatsoever, shall survive the expiration or earlier termination of this Agreement (including all Purchase Order Forms). Without in any way limiting the foregoing, the following sections shall survive the termination of this Agreement for any reason: 2, 6 – 14, 16 – 20, 22, and 23.

Severability

Customer hereby agrees that in the event that any one or more of the provisions of this Agreement (including in a Purchase Order Form) shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. Moreover, Customer further agrees that if any one or more of the provisions contained in this Agreement shall be held to be excessively broad as to duration, distance, activity or subject, such provisions shall be construed by limiting and reducing them so as to be enforceable to the maximum extent allowed by applicable law.

Headings

All headings are for ease of reference only and will not affect the construction or interpretation of this Agreement.

No Assignment

Customer may not assign this Agreement (including any applicable Purchase Order Form) without the prior written consent of Whois JSON API. This Agreement is binding on all successors and assigns. Whois JSON API may assign this Agreement without the prior written consent of Customer.

Compliance with Laws

The parties shall observe and comply with all applicable laws, rules and regulations applicable to the performance of their respective obligations under this Agreement including, but not limited to, anti-corruption laws (such as the U.S. Foreign Corrupt Practices Act) and regulations in respect of import or export of Products.

Independent Contractors

The relationship of the parties will be that of independent contractors and the parties agree that this Agreement does not establish a joint venture, agency relationship, or partnership. Nothing contained in this Agreement will be construed to establish a relationship that would allow a party to make representations or warranties on behalf of another except as expressly set forth herein.

Export Control

The Data, Services, and Parsed Data are subject to the export control laws and regulations of federal statute, as amended. Customer may not export or re-export the Data, Services, or Parsed Data, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, South Africa (military and police entities), Syria, and Vietnam); (ii) any third-party who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any third-party who has been prohibited from participating in the U.S.A. export transactions by any federal agency.

Force Majeure

Whois JSON API is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of nature, acts or omissions of the Customer, operational disruptions, man-made or natural disasters, epidemic medical crises, power outages, hackers, viruses, materials shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor or materials through its regular sources.

Additional Service Terms

Portions of the Service may be subject to additional terms in addition to this Agreement. Your use and continued use of said Services shall signify your agreement to said additional terms.

Service Levels

Whois JSON API aims to provide 99.9% monthly uptime for paid API plans. Enterprise plans may include SLA-backed uptime commitments and service credits when stated in a separate written agreement or order form. Unless an SLA applies, uptime targets are service goals and do not create credits, refunds, penalties, or other remedies. Scheduled maintenance, emergency maintenance, third-party outages, customer-side issues, force majeure events, abuse mitigation, and events outside Whois JSON API's reasonable control may be excluded from SLA calculations.

EULA

Customer shall maintain terms, policies, or other appropriate controls for end users that receive API-powered functionality or results through Customer's application. Those downstream terms must prohibit unlawful use of the Data, Parsed Data, Results, and Services and must be no less protective of Whois JSON API's rights than commercially reasonable SaaS terms for comparable services.

Treatment of Personal Data

• Privacy Policy. Whois JSON API’s Privacy Policy, available at https://whoisjsonapi.com/page/privacy, is hereby incorporated into this Agreement by reference.
• Customer Data. Whois JSON API processes Customer data solely to provide, secure, support, maintain, and improve the Services, comply with law, enforce this Agreement, and prevent abuse. Whois JSON API does not sell Customer data or use Customer data for unrelated advertising purposes.
• GDPR and DPA. To the extent Whois JSON API processes Personal Data on Customer's behalf as a Processor, with Customer as Controller, the Data Processing Addendum applies. The terms "Processor", "Controller", "Personal Data", and "Processing" have the meanings prescribed by the GDPR where applicable.
• Customer Responsibilities. Customer is responsible for determining whether Customer's use of the Services is lawful, obtaining required notices and consents, honoring data subject rights, and ensuring that Customer's applications and end users comply with applicable data protection laws.