Terms of Service for Micronic Inc. Hosted Webservice

MicronicInc provides MicronicInc HostedWebservice (defined below) to you subject to the following conditions. This is a legal agreement between you and Micronic Inc. In consideration of MicronicInc allowing you to use and accessMicronicInc HostedWebservice you agree to be bound by the terms of this agreement (“Agreement”).

  •  Definition of WhoisWebservice

MicronicInc HostedWebservice consist of all services and information made available by MicronicInc via the Internet, including the whoisdata.download web site, the MicronicInc Hosted web service, and any other properties not covered by separate agreements.

  •  Grant of License

You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the “MicronicInc Properties”) received via WhoisData.Download in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a MicronicInc HostedWebservice account. Micronic Inc. retains all rights not expressly granted by this Agreement.

 

You may only use Micronic Inc. Hosted Webservice and the MicronicInc Properties as follows:

    • Human Interactive Use. You may interact with WhoisData.Download as a human being in a non-automated fashion.
    • Automated Use. You should not use any automated application to access the data provided by WhoisData.Download without explicit, prior authorization from Micronic Inc.
    • No Abuse. You may not use MicronicInc Hosted Webservice for abusive purposes, nor may you use MicronicIncHosted Webservice from applications designed to abuse computer resources accessible through any network—local, wide-area, or internet. MicronicInc does not collect your queries information and is not responsible for any potential abuse stemming from your client application. Abuse includes but is not limited to: unauthorized data mining, denial of service attacks, unauthorized computer system incursions, and any actions that violate applicable laws or regulations. You may not use MicronicInc Hosted Webservice in any manner that could damage, disable, overburden, or impair MicronicInc Hosted Webservice (or the network(s) connected to MicronicInc Hosted Webservice) or interfere with any other party’s use and enjoyment of MicronicInc Hosted Webservice. You may not attempt to gain unauthorized access to MicronicInc Hosted Webservice, other accounts, computer systems or networks connected to MicronicInc Hosted Webservice, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by MicronicInc through MicronicInc Hosted Webservice.
    • Whois Data.
      1. Data usage. You may not use Whois contact information obtained through MicronicInc Hosted Webservice to for any usage where prohibited by applicable law. If you use Whois data from MicronicInc Hosted Webservice in your own application or service, you agree not to allow your users to use the Whois contact information to in a manner that voilates applicable law. In any case, MicronicInc does not collect or analyze your query, you must be responsible for complying with all regulations and laws.
      2. Display and Transfer. MicronicInc Hosted Webservice provide Whois data primarily for your internal use. You may display to third parties up to ten (10) fields parsed from any given Whois record. You may also display complete records that are raw and unparsed. You may also use parsed data internally in applications or services that you provide to third parties. Except in the aforementioned cases, you agree not to transfer or sell parsed Whois data to third parties. “Parsed data” 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.
    • No Resale or Sublicensing. Except as allowed above, you 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 MicronicInc Hosted Webservice or MicronicInc Properties without prior written consent from Micronic Inc. You may not allow other parties to use your MicronicInc Hosted Webservice account or login credentials.
  •  Monitoring

You understand and agree that MicronicInc only logs basic information from your query for up to 2 weeks to ensure proper function of your usage of MicronicInc Hosted Webservice. MicronicInc does not use data from user queries for any purpose other than the ones stated above.

  •  Uptime

MicronicIncWebservice’s historic uptime has been 99.9% over the past year. It is Whois API’s goal to maintain an uptime of 99.9% or greater. You understand and agree that service outage can occur due to unexpected reasons, in which case MicronicInc will restore service in a reasonable and timely fashion. MicronicInc is not responsible for any loss as a result of service outage.

  •  Response Time

You understand and agree that MicronicIncWebservice’s response time can vary depending on many factors including server load, network latency, and technical reasons. Response time can be as low as 500 ms or much longer due to specified reasons above. A “typical” average response time is about 2 to 3 seconds.

  •  Response Data validity

You understand and agree that Data returned by MicronicIncWebservice undergo a sequence of backend processes and gets parsed by our intelligent parse system which is constantly improving. Given the freeform nature of Whois Data, parsing error can occur. Raw whois data is always returned for you to validate. Raw whois data can also be incomplete in rare circumstances, in which case it will be stated in the response and you would not be charged any credit.

  •  Indemnification

You agree to defend, indemnify, and hold harmless MicronicInc and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney’s fees, relating to or arising out of any breach of this Agreement or any use of MicronicInc Hosted Webservice by you, or by any other person using MicronicInc Hosted Webservice through you or using your computer.

  •  Warranty and Disclaimer

You understand and agree that MicronicInc Hosted Webservice are provided on an “as is” and “as available” basis. You expressly agree that use of MicronicInc Hosted Webservice is at your sole risk. To the maximum extent permitted by applicable law, MicronicInc disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Without limiting the foregoing, neither MicronicInc nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (a) that MicronicInc Hosted Webservice, including its content, will meet your requirements or be accurate, complete, reliable, or error free; (b) that the service will always be available or will be uninterrupted, accessible, timely, or secure; (c) that any defects will be corrected, or that the service will be free from viruses, “worms,” “trojan horses” or other harmful properties; (d) the availability for sale, or the reliability or quality of any products discussed or referenced in the service; (e) any implied warranty arising from course of dealing or usage of trade; and (f) that the service is noninfringing.MicronicInc and its affiliates hereby disclaim, and you hereby waive and release MicronicInc and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising out or in connection with this Agreement, MicronicInc Hosted Webservice, and MicronicInc Properties, whether or not arising from the negligence (active, passive or imputed) of MicronicInc or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through MicronicInc Hosted Webserviceis done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from use of MicronicInc Hosted Webservice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

  •  Limitation of Liability

In no event shall MicronicInc, 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 MicronicInc Hosted Webservice, even if MicronicInc has been advised of the possibility of such damages. In any event, MicronicInc’s cumulative liability to any user for any and all claims relating to the use of MicronicInc Hosted Webservice shall not exceed the total amount paid by the user for MicronicInc Hosted Webservice during the preceding three month period.

  •  Termination

You may terminate this Agreement by ceasing to use MicronicInc Hosted Webservice and the MicronicInc Properties. MicronicInc reserves the right to terminate this Agreement (and/or your account) or discontinue MicronicInc Hosted Webservice or any portion or feature thereof for any reason and at any time at its sole discretion. Upon any termination or notice of any discontinuance, you must immediately stop and thereafter desist from using MicronicInc Hosted Webservice, including the MicronicInc Properties, and any applicable portions or features thereof, and delete all MicronicInc Properties in your possession or control (including from your application and your servers).

  •  Breach of Agreement

This Agreement will terminate automatically if you fail to comply with the terms of this Agreement. Upon termination of this Agreement, all rights and licenses granted in the Agreement shall immediately terminate. You will immediately delete any MicronicInc Properties or other MicronicInc proprietary information in your possession or control.

  •  Modification of Agreement

MicronicInc may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the MicronicInc web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of MicronicInc Hosted Webservice or the MicronicInc Properties following MicronicInc’s posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change. MicronicInc may modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new Agreement on the MicronicInc web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of MicronicInc Hosted Webservice or the MicronicIncProperties following MicronicInc’s posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change.

  •  Governing Law

This Agreement shall be governed by the laws of the State of California, U.S.A. Exclusive jurisdiction over disputes arising under this Agreement or regarding use of MicronicInc Services will be in the state and federal courts of and sitting in Alameda County, California, U.S.A. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. In any litigation involving this Agreement or the use of MicronicInc Hosted Webservice, the prevailing party will be entitled to recover reasonable attorneys’ fees.

  •  Entire Agreement

This Agreement constitutes the entire agreement between you and MicronicInc regarding MicronicInc Hosted Webservice and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and MicronicInc regarding MicronicInc Services. Except as provided by Section 9, this Agreement may not be amended, varied or supplemented except by a writing executed by both you and Whois API that specifically references this Agreement and the provision(s) to be amended, varied or supplemented, and, without limitation of the foregoing, no provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance, or any other matter not set forth in a writing executed as provided above in this sentence.