Terms of Service for Whois API Hosted Webservices

1. Definitions

1.1 “Data”

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.

1.2 “Purchase Order Form”

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 Agreement.

1.3 “Services”

Services’ refers to all offerings, integrations, and solutions provided by Whois API, including the Data Feed, Webservices API services, hosted database solutions, and any ancillary features or portals (e.g., dashboards, analytics tools). Any new offerings introduced during the term of this Agreement shall automatically fall within the definition of ‘Services’ unless expressly excluded in writing.

1.4 “Data Feed”

The provision of Data as a data feed, namely in a downloadable format for use off of local storage.

1.5 “Webservices”

The provision of the Data via Webservices API, for retrieval from network storage.

1.6 “Parsed Data”

Specific data fields separated from the original record. Examples include registrant name, postal address, postal code, country code, phone number, and email address.

1.7 “License and Use Exhibit”

A separately executed document covering additional services, data, or allowed uses.

2. Ownership

2.1 Intellectual Property Rights

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.

3. License Grants

3.1 Limited License

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 to provide accurate information when signing up for any Whois API account.

3.2 Retained Rights

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

3.3 Scope of Licenses

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.

3.4 Definition of “Site”

“Site” means one instance of the use of the Parsed Data, Data, or Services on a single machine or virtual machine.

4. Use Restrictions

4.1 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 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.

4.2 System Integrity

Customer may not use the Data or Services in any manner that could damage, disable, overburden, or impair Whois API’s Data, Services, and/or networks 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 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 its Services.

4.3 Data Limits for Automated Use

Absent prior written consent from 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 created).

4.4 Data Usage Restrictions

Customer must not use any contact information obtained via the Data or Services in any manner prohibited by applicable laws or regulations. Customer is solely responsible for ensuring that its end-users or clients use the Data in compliance with all applicable laws, including data protection and privacy laws (e.g., GDPR and CCPA). Accordingly, Customer shall have a written agreement with any party to whom it provides the Data that imposes the same use restrictions and legal compliance obligations. Customer is fully responsible for complying with all applicable laws and regulations in its use of the Data and Services and shall be solely liable for any failure to do so. Without limiting any other indemnities hereunder, Customer shall indemnify and hold Whois API harmless from any liability arising out of Customer’s or its end-users’ violation of this provision.

4.5 Display and Transfer Restrictions

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.

4.6 No Resale or Sublicensing

4.6.1 Default Restrictions

Unless otherwise stated in this Agreement or authorized in writing by Whois API, Customer’s license to use Whois API’s Services, Data, and other properties is limited to internal business purposes only. Accordingly, Customer shall not:

• Resell, sublicense, or distribute the Data or Services to any third party;
• Use the Data in any commercial product or service intended for sale, licensing, or public distribution;
• Modify or create derivative works intended for public release or commercial gain without the express written consent of Whois API.

4.6.2 Expanded Commercial Rights Through MSA

• Master Service Agreement Requirement. If Customer wishes to incorporate or otherwise utilize Whois API Data in a commercial product, service offer, or similar solution, Customer must execute a Master Service Agreement (“MSA”) with Whois API.
• License & Use Exhibit. Such MSA will include a License & Use Exhibit that clearly sets forth the scope of permitted commercial usage, license fees, term, and any additional obligations or restrictions.
• Negotiated Terms. Any expanded rights shall be negotiated at the sole discretion of Whois API and will not be effective until documented in the License & Use Exhibit.

4.6.3 Responsibility and Liability

• Account Protection. Customer is responsible for safeguarding its account credentials and preventing unauthorized access to or use of the Services.
• Breach by Affiliates or Users. Customer shall be liable for any breach of this Section by its employees, affiliates, or other authorized users.
• Suspension or Termination. Whois API reserves the right to suspend or terminate the Customer’s access to the Services immediately upon discovering any breach of these restrictions, without prejudice to any other legal remedies.

4.6.4 Legal Recourse

In addition to immediate suspension or termination of Services, Whois API reserves all rights to pursue any and all legal remedies available, including but not limited to injunctive relief and the recovery of damages, for any unauthorized resale, sublicensing, or commercial exploitation of its Data or Services.

4.6.5 Injunctive Relief

Notwithstanding the foregoing dispute resolution terms, Customer acknowledges that a breach of certain sections of this Agreement (including but not limited to provisions on Ownership, License Grants, Use Restrictions, or Confidentiality) may cause irreparable harm to Whois API that cannot be adequately remedied by monetary damages. Accordingly, in the event of any actual or threatened breach of such provisions, Whois API may seek immediate injunctive or equitable relief in a court of competent jurisdiction, without requirement to post a bond, in addition to any other remedies available. This right to seek injunctive relief will not be deemed a waiver of the obligation to arbitrate other disputes under this Agreement.

4.6.6 No Waiver

The failure of Whois API to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision, nor will any single or partial exercise of any right preclude further exercise of that right or the exercise of any other right. All waivers must be in a writing signed by an authorized representative of Whois API.

4.7 AI and ML Platform Restrictions

Customer and its affiliates shall not use, or permit any third party to use, the Data or Parsed Data (including derivatives) for the purpose of AI model training, testing, or development without receiving express, written authorization from Whois API. This prohibition includes usage in any generative AI frameworks, large language models, or predictive analytics pipelines, unless otherwise agreed upon in a duly executed addendum.

5. Term

5.1 Effective Date

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.

5.2 Auto-Renewal

All subscriptions purchased through the whoisxmlapi.com website inherently recur automatically on the monthly or annual anniversary of the original subscription purchase and may be cancelled in advance of any subscription renewal date using the account portal while logged in.

Unless otherwise specified in a Master Service Agreement (MSA) between Whois API and Customer, any other subscriptions shall automatically renew at the end of their term unless the Customer provides written notice of cancellation no less than thirty (30) days before the subscription’s end date. Renewals will be charged at the prevailing rate unless otherwise agreed upon in writing.

If a Master Service Agreement (MSA) between Whois API and the Customer contains a different auto-renewal provision, the terms set forth in the MSA shall take precedence over this section.

5.3 Cancellation Notification

Subscriptions purchased from the online self-service portals at whoisxmlapi.com can be cancelled at any time using the subscription sections of the account management portal. Customers may notify Whois API of cancellation by submitting a written notice to [email protected]. Cancellation notices received less than thirty (30) days prior to the subscription’s end date will result in renewal for an additional term.

6. Fees, Payments, & Taxes

6.1 Fees and Service Orders

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 non-refundable.

6.2 Price Changes

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.

6.3 Payment Terms

6.3.1 Immediate Collection for Website Subscriptions

• Website Purchases. Subscriptions purchased through the website via credit card, PayPal, or other authorized payment methods shall be charged in full at the time of purchase.
• Automatic Renewals. Where applicable, subscriptions may automatically renew at the end of each billing cycle, and payment shall be collected using the payment method on file unless canceled prior to renewal. The Customer is responsible for ensuring valid and up-to-date payment information is on file.

6.3.2 Invoice Payments

• Due Date. Except as otherwise stated in writing, payment of the total invoice amount shall be due within five (5) days from the date of the invoice.
• Late Payments. In the event of a late payment, Whois API may charge interest on the overdue amount at a rate of eighteen percent (18%) per annum, or the maximum rate allowed by applicable law, whichever is lower, plus any reasonable attorney fees and costs of collection.

6.3.3 Payment Disputes

• Disputed Charges. If the Customer disputes any portion of an invoice, the undisputed portion shall remain due and payable within the normal payment term.
• Notice Requirement. The Customer shall notify Whois API in writing of any disputed charges within five (5) days of the invoice date. The Parties agree to engage in good-faith negotiations to resolve any disputes promptly.

6.3.4 Financial Review and Suspension of Service

• Credit Review. Whois API reserves the right to review the Customer’s financial information and creditworthiness at any time and may require the Customer to provide additional financial documents.
• Security Requirements. Whois API may require a bank guarantee, letter of credit, or other form of security if the Customer’s creditworthiness becomes unsatisfactory or if deemed necessary for any reason.
• Suspension of Services. Whois API may suspend any pending Purchase Order Forms or services if the Customer fails to meet payment obligations or other reasonable credit requirements.

6.3.5 Allocation of Payments and Default

• Allocation of Payments. Whois API may apply any payment received to any outstanding amounts owed by the Customer, at its sole discretion.
• Default. In the event the Customer defaults on any payment obligations under this Agreement, Whois API may declare all outstanding invoices immediately due and payable, cancel any scheduled deliveries, and/or terminate ongoing services.

6.3.6 Credit Policy

• Expiration of Credits. Unless otherwise required by applicable law, any credit or discount issued by Whois API to the Customer shall expire if not used within twelve (12) months from the date of issuance.

6.3.7 Data Protection for Payment Information

• Compliance with Laws. Whois API shall handle and process all payment information in compliance with applicable data protection laws and in accordance with its Privacy Policy.
• Responsibility to Update. The Customer is responsible for promptly updating any expired or invalid payment information on file to avoid service interruptions.

6.4 Tax Documentation and Liability

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.

6.5 Entity Size and License Adjustments

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 agreements.

7. Invoice Disputes

7.1 Notification Period

Within thirty (30) days of the invoice date, Customer must notify Whois API in writing and provide sufficiently detailed support of any invoice dispute.

7.2 Waiver of Dispute

If Customer fails to notify Whois API within the specified period, Customer is deemed to have waived its right to dispute that invoice, and the invoice will be deemed accurate and valid.

8. Trademarks

8.1 Use of Whois API’s Trademarks

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.

8.2 Use of Customer’s Trademarks

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 Whois API’s website.

8.3 General Statements

Either party may make general statements to confirm the existence of this Agreement.

9. Indemnification

9.1 Scope of Indemnification

Customer agrees to defend, indemnify, and hold harmless Whois API, Inc., its affiliates, and each of their officers, directors, employees, agents, representatives, information providers, and licensors, from and against any and all claims, costs, losses, damages, judgments, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer’s use of the Data or Services (including any misuse or unlawful use by Customer); (b) any breach of this Agreement by Customer; or (c) any use of or access to the Data or Services by any third party that obtains such Data or access from Customer (including via Customer’s credentials, software, systems, or by any distribution of Data by Customer).

9.2 Covered Events

The indemnification applies to claims arising from:

• (a) Customer’s use of the Data, the Services, or any Parsed Data;
• (b) Any breach of this Agreement by Customer; or
• (c) 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 systems.

10. Warranties and Disclaimers

10.1 Disclaimer of Warranties

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.

10.2 Limitation of Representations

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 non-infringing.

10.3 Customer Responsibility

Customer acknowledges and agrees that any content downloaded or otherwise obtained through the Services is done at Customer’s own discretion and risk. Customer will be solely responsible for any damage to Customer’s computer system or loss of data resulting from any use of the Services.

10.4 Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion of implied warranties. Therefore, the above exclusions may not apply to Customer. Customer may also have other legal rights, which vary from jurisdiction to jurisdiction.

11. Limitation of Liability

11.1 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall Whois API, its affiliates, suppliers, or any of their officers, directors, employees, agents, representatives, information providers or licensors be liable for any consequential, incidental, indirect, special, punitive or direct damages (including, without limitation, lost profits, business interruption, loss of information, or other pecuniary loss) arising out of or related to the use of 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 the foregoing, Whois API’s total cumulative liability to Customer for all claims arising under or related to this Agreement or the Services shall not exceed the amount paid by Customer to Whois API for the Services in the three (3) months immediately preceding the event giving rise to the claim..

11.2 Liability Cap

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.

12. Termination

12.1 Customer Termination

Customer may terminate this Agreement by ceasing to use the Data, the Services, and the Whois API Properties and providing written notice in accordance with Section 5 (Term) and Section 6 (Fees, Payments, & Taxes).

12.2 Whois API Termination

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 at any time and for any reason at its sole discretion with a pro-rata refund of any prepaid fees for Services not yet rendered. Upon termination, all access to Data and Services shall cease.

12.3 Obligations Upon Termination

• Upon termination, Customer must immediately cease using the Services, including the Data and Whois API Properties, and delete all such materials in their possession or control, including in applications and computer systems.
• All amounts due for the then-current term of the contract become immediately due and payable.
• All rights to any Data, Services, and Parsed Data automatically lapse.

13. Breach of Agreement

13.1 Automatic Termination

This Agreement will terminate automatically if Customer fails to comply with the terms of this Agreement.

13.2 Post-Termination Obligations

Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. Customer must immediately delete all Whois API proprietary information, including Services, Data, and the Whois API Properties, from their possession or control, see Section 12.3 (Obligations Upon Termination).

14. Governing Law & Dispute Resolution

14.1 Governing Law

This Agreement shall be governed by the laws of the State of California, without reference to its conflict of laws provisions.

14.2 Dispute Resolution

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.

14.3 Prevailing Party Rights

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.

15. Entire Agreement; No Third-party Beneficiary; Severability

15.1 Entire Agreement

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 representations, understandings, agreements, or communications between Customer and Whois API regarding the same.

15.2 Amendments

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.

15.3 Third-party Beneficiary

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.

15.4 Amendments by Whois API

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 the rights of Customer, Whois API shall make conspicuous notice of such amendment via the website and/or e-mail. Customer’s continued use of the Services after such amendment shall signify Customer’s acknowledgement and acceptance thereof.

16. Confidentiality

16.1 Obligation of Confidentiality

If Customer receives from Whois API any information marked “Confidential” and/or “Proprietary,” 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.

16.2 Exceptions to Confidentiality

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 sources;
• 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.

16.3 Duration of Obligation

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.

17. Survival

17.1 Surviving Provisions

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). Notwithstanding the termination or expiration of this Agreement for any reason, the following provisions shall survive and remain in full force and effect:

(a) Section 2 – Ownership and Intellectual Property Rights;

(b) Sections 6 and 7 – Financial Obligations (including Fees, Payments, Taxes) and Invoice Disputes;

(c) Section 8 – Trademark Rights;

(d) Section 9 – Indemnification;

(e) Sections 10 and 11 – Warranties, Disclaimers, and Limitation of Liability;

(f) Section 14 – Dispute Resolution and Governing Law;

(g) Section 16 – Confidentiality;

(h) Section 18 – Severability;

(i) Section 21 – Compliance with Laws;

(j) Section 28 – Treatment of Personal Data; and

(k) Any other provisions that, by their nature, are intended to survive termination.

18. Severability

18.1 Invalid Provisions

Customer 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.

18.2 Limiting and Reducing Provisions

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.

19. Headings

19.1 Reference Only

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

20. No Assignment

20.1 Customer Assignment

Customer may not assign this Agreement (including any applicable Purchase Order Form) without the prior written consent of Whois API.

20.2 Binding on Successors

This Agreement is binding on all successors and assigns.

20.3 Assignment by Whois API

Whois API may assign this Agreement without the prior written consent of Customer.

21. Compliance with Laws

21.1 General, Anti-Corruption, and Export Compliance

Each party shall comply with all applicable laws and regulations in connection with its performance or exercise of rights under this Agreement, including, but not limited to, applicable data protection and privacy laws (such as the GDPR and CCPA), anti-corruption laws (e.g., the U.S. Foreign Corrupt Practices Act), and all applicable import/export control regulations.

22. Independent Contractors

22.1 Relationship of the Parties

The relationship of the parties will be that of independent contractors. The parties agree that this Agreement does not establish a joint venture, agency relationship, or partnership.

22.2 Limitations on Authority

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.

23. Export Control

23.1 Compliance with Export Laws

The Data, Services, and Parsed Data are subject to the export control laws and regulations of federal statute, as amended.

23.2 Restricted Countries and Uses

Customer may not export or re-export the Data, Services, or Parsed Data, directly or indirectly:

• (i) To 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) To 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) To any third party who has been prohibited from participating in the U.S.A. export transactions by any federal agency.

24. Force Majeure

24.1 No Liability for Force Majeure

Whois API is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control.

These causes include, but are 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 or viruses;
• Material shortages;
• Strikes or criminal acts;
• Delays in delivery or transportation; or
• Inability to obtain labor or materials through its regular sources.

25. Additional Service Terms

25.1 Agreement to Supplemental 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.

26. Service Levels

26.1 No Guarantee of Uptime

The Service uptime has historically been 99.9% year over year, and the uptime target continues to be to exceed 99.9%. However, absent a 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. For Enterprise Service Level Agreements, please contact [email protected]. 

26.2 Response Times

Service response times can vary, and typical requests may take upwards of several seconds to process. Absent a separate written agreement to the contrary, Whois API does not guarantee response times.

27. End User License Agreement (EULA)

27.1 Requirement for EULA

“Customer shall maintain with each End User who is provided access to any Data, Parsed Data, or Results a written End User License Agreement (“EULA”) that is at least as protective of Whois API’s rights and property as this Agreement. At a minimum, the EULA must: (i) limit Whois API’s liability to the maximum extent permitted by law; (ii) restrict the End User’s use of the Data, Parsed Data, or Results to internal, non-commercial purposes only; and (iii) prohibit any unauthorized disassembly, decompilation, reverse engineering, or copying of the Data or Services. Customer’s failure to implement such a EULA with an End User shall constitute a material breach of this Agreement. In addition, Customer agrees to indemnify and hold Whois API harmless from any claims or losses arising from an End User’s use of the Data or Services in a manner inconsistent with the required EULA terms, to the extent such inconsistency results from Customer’s failure to impose or enforce the EULA.

27.2 Minimum EULA Protections

The EULA must include provisions that are no less protective of the rights and property of Whois API than the terms of this Agreement. At a minimum, such EULA shall:

• (i) Limit Whois API’s liability to the maximum extent allowable by law;
• (ii) Restrict End User’s use of the Data, Parsed Data, or Results to internal, non-commercial use only; and
• (iii) Restrict against unauthorized disassembly, decompiling, reverse engineering, and copying.

28. Treatment of Personal Data

28.1 Privacy Policy

Whois API’s Privacy Policy, available at https://main.whoisxmlapi.com/privacy-policy, is hereby incorporated into this Agreement by reference.

28.2 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):

• (i) 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.
• (ii) A copy of these terms (the “GDPR Policy”) can be requested by emailing [email protected].  To the extent that the GDPR Policy conflicts with other terms in this Agreement, including the Privacy Policy, the GDPR Policy will control.
• (iii) 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 GDPR.

28.3 Responsibility for 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:

• (i) 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 do not violate any third-party rights or any laws, regulations, or obligations imposed by any third party.
• (ii) 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.

28.4 Cooperation and Breach Notification

• 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 suspects 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.

28.5 No Obligation for Backup

Whois API has no obligation to backup any personal data, and the personal data Whois API stores may 

be deleted at any time.

28.6 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.

28.7 CCPA Compliance

To the extent any Data or Parsed Data includes ‘personal information’ of California consumers (as defined under the California Consumer Privacy Act, CCPA), the parties acknowledge that Whois API is acting as a Service Provider for Customer. Whois API does not sell personal information provided through the Services, as ‘sell’ is defined in the CCPA. Customer warrants that it will comply with all applicable requirements of the CCPA (and any similar data privacy laws) in its use of the Data and Services. This includes providing any necessary notices and obtaining any required consents from consumers for the collection and use of personal information. Customer shall not use the Data or Services in a manner that causes Whois API to be deemed to be ‘selling’ personal information under the CCPA. Whois API will collect, process, and disclose personal information solely for the purpose of providing the Services in accordance with this Agreement, which is intended to qualify as a business purpose under the CCPA.