Terms of Service for WhoXML API Hosted Webservice

WhoXML API, INC (“WhoXML 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 any of the data, tools, or other services offered or otherwise made available by WhoXML API, INC (“WhoXML 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 WhoXML 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 WhoXML API.

We offer Premium enterprise-level support for mission-critical applications.

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Definition of WhoXML 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 WhoXML 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 WhoXML 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 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 WhoXML API, WhoXML 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.

License Grants

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 “WhoXML API Properties”) in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for any WhoXML API account.

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

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.

Use Restrictions

No Abuse; Prohibited Uses. Customer may not use the Data or the Services, or any APIs provided by WhoXML 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 the internet. WhoXML 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 WhoXML API’s Data, Services, and/or the network(s) connected thereto or interfere with any other party’s use and enjoyment of WhoXML API’s Data and Services. Customer may not attempt to gain unauthorized access to WhoXML 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 WhoXML API through its Services.
Automated Use. Absent the prior written consent of WhoXML API, your use of the Services shall not exceed:

50 requests per second;
20 concurrent requests; or
5 concurrent requests for bulk data.

WhoXML 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. WhoXML 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 WhoXML 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 is 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 WhoXML API’s Services, the Data, and/or WhoXML API Properties without the express prior written consent from WhoXML API. Furthermore, Customer shall not allow any other parties to use Customer’s WhoXML API’s Services account or login credentials and shall remain solely liable for any activities that occur using said credentials.

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