Definition of Whois 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, MYSSQL,
and CSV files.
- “Purchase Order Form” means a Whois API ordering document which, if duly executed by
both Parties, sets forth the Data that Customer may access and use pursuant to this
- “Services” means the services as provided by Whois 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
- "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.
As between Customer and Whois API, Whois 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.
You are granted a limited, revocable, nonexclusive license to use any data, images, text,
content, tools, or other information, including but not limited to Data, the Services,
and Parsed Data (collectively referred to as the "Whois API Properties") in accordance
with the terms and conditions described herein. You agree that you will provide accurate
information when signing up for any Whois API account.
Whois API shall retain all rights not expressly granted either herein, and Customer shall
not use the Data, Services, or any Whois API Properties in any manner not expressly
Unless otherwise expressly stated, any licenses to use the Data or Services granted
herein or in any License and Use Exhibit are limited to use thereof at a single Customer
Site (as defined below).
“Site” means one instance of the use of the Parsed Data, Data, or Services on a single
machine or virtual machine.
- No Abuse; Prohibited Uses. Customer may not use the Data or the Services, or any
APIs provided by Whois 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 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 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 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 API through
- Automated Use. Absent the prior written consent of Whois API, your use of the
Services shall not exceed:
- 50 requests per second;
- 20 concurrent requests; or
- 5 concurrent requests for bulk data.
Whois API may reject requests in excess of the foregoing at its sole discretion. The
above limits apply to all instances of any application created, made available, or
otherwise run by you in aggregate (e.g, no more than 50 requests per second across
all instances of any applications create).
- Additional Restrictions.
- Data usage. Customer may not use contact information obtained through the
Data or Services for any purpose or in any manner prohibited by applicable
law or regulation. Customer shall be solely liable for any use of the Data
(or any derivative thereof) by Customer’s customers and/or users in any
manner or for any purpose that violates applicable law or regulation, and
shall have a written contract with such customers and/or users restricting
such use. Whois API does not collect or analyze Customer’s queries, as such
Customer shall be solely responsible for complying with all applicable
regulations and laws, solely liable for failure to do so, and, without in
any way limiting any other indemnification obligations herein, shall
indemnify Whois API from and against any liability arising from or related
to Customer’s failure to adhere to the terms of this provision.
- Display and Transfer. Unless expressly allowed per the terms of a duly
executed License and Use Exhibit, the data obtained via the Services are
provided solely for Customer’s internal use, and Customer shall not
distribute or otherwise make available, the Data to any third-party,
including but not limited to, portions and/or derivatives thereof.
- No Resale or Sublicensing. Customer may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, sublicense, transfer, assign, rent, sell or otherwise convey any
information, software, products or services obtained from Whois API’s
Services, the Data, and/or Whois API Properties without the express prior
written consent from Whois API. Furthermore, Customer shall not allow any
other parties to use Customer’s Whois API’s Services account or login
credentials, and shall remain solely liable for any activities that occur
using said credentials.
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 API in writing.
- All service orders are non-cancelable, and all fees paid thereunder are
- 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 API. On any
past due invoice, Whois 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 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 API may apply payments to any of
Customer’s accounts. If Customer defaults on any payment under this Agreement, Whois
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 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
- Payment & Documentation of Taxes. All prices quoted are exclusive of all applicable
sales, use and other related taxes. Whois API shall invoice Customer for all taxes
applicable to payment of fees pursuant to this Agreement, itemized by type and
jurisdiction, which Whois 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 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.
Within thirty (30) days of the invoice date, Customer must notify Whois 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.
Either party may make general statements to confirm the existence of this Agreement.
Whois API grants Customer the limited right to use Whois API’s logos and trademarks in
any marketing and promotional materials associated with this Agreement. Customer grants
Whois 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.
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 API’s Data, Services, or Parsed Data
by any third party via the use of Customer’s credentials, software, computers, or
Warranties and Disclaimers
Customer understands and agrees that the Whois API Services are provided on an "as is"
and "as available" basis. Customer expressly agrees that use of the Whois API Services
is at Customer’s 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 non-infringement.
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 the Whois 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
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 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 API Data, Services, or Parsed Data, even if Whois API
has been advised of the possibility of such damages. Notwithstanding anything contained
herein to the contrary, Whois 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 API for the
Services, during the three (3) month period preceding the claim.
Customer may terminate this Agreement by ceasing to use the Data, the Services, and the
Whois API Properties. Notwithstanding anything contained herein and/or any License and
Use Exhibit or Purchase Order Form to the contrary, Whois 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 API Properties,
and any applicable portions or features thereof, and delete all Data and Whois 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 API proprietary information, including but not limited to Services, Data, and
the Whois 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 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 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 API regarding the same. This Agreement may not be amended, varied or
supplemented except by a writing executed by both Customer and Whois 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 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 API may amend this Agreement at
any time and at its sole discretion. Should any such amendment materially affect rights
of Customer, Whois 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.
If Customer receives from Whois 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 API
with prior written notice of said required disclosure; thereby, affording Whois 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
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.
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.
All headings are for ease of reference only and will not affect the construction or
interpretation of this Agreement.
Customer may not assign this Agreement (including any applicable Purchase Order Form)
without the prior written consent of Whois API. This Agreement is binding on all
successors and assigns. Whois 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.
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.
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.
Whois 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
The Service uptime has historically been 99.9% year over year, and the uptime target
continues to be to exceed 99.9%. However, absent separate written agreement to the
contrary, Whois API does not guarantee any minimum uptime, and shall have no obligation
with respect to uptime other than to restore any outages in a reasonable timeframe, in
its sole discretion.
Service response times can vary, and typical requests may take upwards of several seconds
to process. Absent separate written agreement to the contrary, Whois API does not
guarantee response times.
Customer shall have in place with each End User that has access to, or is otherwise
provided with Data, Parsed Data, or Results, as allowed per a duly executed License and
Use Exhibit, an End User License Agreement (“EULA”) that is no less protective of the
rights and property of Whois API than the terms of this Agreement. At a minimum, such
EULA shall contain provisions limiting Whois API’s liability by the maximum extent
allowable by law; restricts End User’s use of the Data, Parsed Data, or Results to
internal, non-commercial use only; and restricts against unauthorized disassembly,
decompiling, reverse engineering, and copying.
Treatment of Personal Data
https://main.whoisxmlapi.com/privacy-policy, is hereby incorporated into this
Agreement by reference.
- GDPR Compliance. To the extent that Customer handles or otherwise has access to
Personal Data (as that term is defined in Regulation (EU) 2016/679, generally known
as the General Data Protection Regulation or GDPR), and that Whois API is a
Processor of that Personal Data for Customer (with Customer as Controller), Customer
agrees to execute a separate data processing addendum with Whois API which governs
such Processing of Personal Data. Failure to adhere to the foregoing shall be a
material breach of these terms. A copy of these terms can be found at
(the “GDPR Policy”). To the extent that the GDPR Policy conflicts with other terms
Notwithstanding Customer’s failure to execute the aforementioned data processing
addendum, Whois API’s rights and your obligations under the data processing addendum
are hereby incorporated by reference into this Agreement. The terms “Processor”,
“Controller”, and “Processing” shall have the meanings prescribed to them within the
- Personal Data. Customer is solely responsible for Personal Data, the personal data
of each of its users, and any personal data that it accesses or comes across in
connection with its use of the Services, Data, and/or Parsed Data. Customer hereby
represents and warrants that said personal data and its access, use, and/or
disclosure thereof are in accordance with this Agreement (including the Privacy
Policy and GDPR Policy) and does not violate any third-party rights or any laws,
regulations, or obligations imposed by any third-party. In addition, Customer hereby
represents and warrants that it has obtained or will obtain and maintain all
necessary consents, approvals, and waivers to permit it to access, use, and/or
disclose such personal data. Whois API will reasonably cooperate with you in
facilitating data subject requests and rights required by applicable law. Customer
will provide immediate notification to Whois API if personal data was, or Customer
reasonably personal data has been, acquired by an unauthorized person (a “Breach”).
Customer will reasonably cooperate with Whois API in the event of a Breach,
including sharing information relevant to the Breach.
- No Backup. Whois API has no obligation to backup any personal data and the personal
data Whois API stores may be deleted at any time.
- Personal Data License Grant. To the extent that Whois API is a processor of personal
data (or otherwise manipulates or handles personal data) on behalf of Customer,
Customer hereby grants to Whois API during the term of the Agreement, an
irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide,
transferable, sublicensable license to the personal data. To the extent that an
agreement between Whois API and any of its third-party providers requires Whois API
to grant a license in said personal data to such third-party provider, the scope of
the license set forth in the foregoing sentence shall be deemed to include the
rights necessary to enable Whois API to grant such license.
If you have any questions, concerns, or complaints about our Services or anything under
this Agreement or other Agreements with us, please contact us.