Terms of Service
Acceptance of Terms
By using www.who.is (“Who.is”) you agree that you are over 18 years of age and have the ability to enter into a binding agreement. Any access to or use of Who.is constitutes acceptance of the following Terms of Service (“TOS”).
Who.is offers a variety of services and products that may or may not incur fees on your part. Use of any services or products, including both products and services that do require a fee, and those that do not require a fee, constitutes acceptance of and agreement to this TOS.
IF YOU DO NOT AGREE TO ANY PROVISION IN THE FOLLOWING TOS OR IF ANY SECTION OF THE TOS IS BREACHED BY YOU; YOU ARE NOT AUTHORIZED TO, AND SHALL NOT USE OR CONTINUE TO USE, OUR SERVICES.
Please contact us if you have any questions about any provision in this agreement.
Responsibilities and Regulations
Use of our services requires that you agree to uphold the following responsibilities and abide by the following regulations. Failure to do so in any constitutes immediate breach of this TOS.
You may not use our site to engage in any behavior that violates any local law or any law or regulation that is applicable to the venue created in this agreement. This prohibition includes, but is in no way limited to, use of our products or services in any way associated with activities that:
(a) involve sending emails that: (i) are not CAN-SPAM complaint or (ii) are unsolicited by the receiver (iii) or involve the marketing of products or services that violate any applicable law or regulation to Who.is or you including but not limited to: pharmaceutical products, firearms, narcotics, products or services that violate another parties trademark, products or services that violate another parties copyright or (iv) collect and/or harvest third party information in a deceptive or illegal manner or (v) encourage or distribute the use of any fraudulent business practices.
(b) attack, harass, threaten, defame, or otherwise infringe on the legal rights of any other individual or entity including but not limited to protection afforded to them via applicable criminal or privacy regulations.
(c) violate or would cause Who.is to violate any law, regulation or ethical standard. Who.is reserves the right to determine and establish what constitutes both what qualifies as a violation or ethical standard in our sole discretion at any time.
You agree that you will not sell, copy, publish or otherwise distribute any of our products or services in any way. You agree that none of the products or services obtained throught Who.is will be used in a manner that either directly or indirectly competes with or is similar to the business model used by Who.is.
Who.is’s right to modify, change or cancel products or services
We reserve the right to modify this Agreement and/or related agreements at any time for any reason. Changes to this Agreement will be posted to our website and become effective immediately upon posting. Your continued use of and access to our site constitutes your acceptance of any modifications to this Agreement. It is your responsibility and your responsibility alone, to ensure that your continued use of this site complies with this agreement including any changes made therein.
We may, in our sole discretion, suspend, cancel, or modify our services or your use of our services at any time without notice to you.
You acknowledge and agree that all services are provided on an "as is" and "as available" basis.
Our disclosure of and how we use your information
Your personal information obtained by either your submission or our collection may be used in the following ways:
(a) For verification and/or clarification of orders; or
(b) For management of your services; or
(c) To let you know about the promotion of products and services that might be of interest to you as made available directly from Who.is and from trusted third parties.
Furthermore, we may provide information that we retain to private or public third parties including but not limited to:
(a) For inspection by law enforcement officials; or
(b) In response to criminal or civil subpoenas and court orders, or any other legal obligation;or
(c) In connection with the sale of all or a portion of our assets; or
(d)For compliance with any rule, regulation or policy of ICANN or any governmental entity; or
(e)For purposes of inspection and any other purposes as may be required or permitted by applicable laws.
We will take reasonable precautions to protect personal contact information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Some of our products and services require submission of fees. In using these services, you agree to pay all fees. You furthermore agree that:
(a) All payment of fees for our services must be made in U.S. dollars.
(b) Incomplete, incorrect or questionable signup information can result in a service or product being suspended or terminated or NOT being activated. Who.is reserves the right to place accounts on hold pending review of this information.
(c) Any losses or expenses incurred by you due to actions taken by Who.is in response to non-payment are not the responsibility of Who.is.
(d) You are authorized to pay the fees via the payment you selected. Who.is maintains a strict policy on prohibiting fraudlulent transactions. If we are made aware or in any way suspect that you are not authorized to the payment information you provided, we will permanently delete all services and products and may contact an applicable law enforcement agency.
Disclaimer of Warranties
We do not warrant goods or services purchased or obtained through any of our services, nor any transactions entered through such services. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that our services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results obtained from the use of the services or as to the accuracy or reliability of any information obtained through our services.
You download or otherwise obtain any material and/or data through the use of our services at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
To the extent some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you
Limitation of Liability
You agree that Who.is's entire liability, and your exclusive remedy, with respect to any of our services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid to us for that service. Who.is (including its agents, affiliates, officers, principals, owners, directors, employees, and contractors) shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services, or for the cost of obtaining of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Who.is's liability is limited to the minimum permitted by law.
Who.is will not accept any liability, except as set forth in the preceding paragraph, for any loss resulting from any cause, including but not limited to: negligence; conversion or trespass to chattels; willful acts or omissions; strict liability; the unauthorized or illegal activity of a third party; an error or omission in the WHOIS database; access delays or access interruptions; data non-delivery or data mis-delivery; events beyond our control or acts of God; the unauthorized use or misuse of your account, login or password; errors, omissions, or misstatements in any and all information or services provided under this Agreement; or any act or omission by you.
You acknowledge and agree that we are not responsible or liable in any way for any errors, omissions or any other actions by the Registry arising out of or in connection with the your application for registration or renewal of a particular domain name. Neither are we liable for the Registry's failure to register or renew a particular domain name.
You agree to release, indemnify, and forever hold harmless, Who.is and our directors, officers, employees, agents, contractors, shareholders, affiliates and assigns, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising out of or related to your use of our goods or services. This includes, without limitation, any claim, action, proceeding, suit, or demand arising out of or related to: infringement, dilution, or any other illegal activity by you, or a third party's use of our services from your computer and/or account with us; infringement or violation of any intellectual property or other proprietary right of any person or entity; violation of any of our operating rules or policies or terms and conditions of this Agreement or any other agreement relating to the services provided.
You shall promptly provide us written assurances of your indemnification obligation, if we request it. Your failure to provide such assurances will be considered a material breach of this Agreement, and may lead to suspension, transfer and/or deletion of any domain name(s) registered by you.
Your indemnification obligation shall survive the termination or expiration of this Agreement.
Breach of this Agreement
Your failure to comply completely with the terms and conditions of this Agreement, or any of our other agreements, rules or policies, will be considered a material breach of this Agreement.
Our failure to act upon or notify you of any breach shall not excuse you from that breach or from any future breach.
Our Notices to You
You acknowledge and agree that all notices from us to you will be sent via email to the contact email address provided for your account at the time the notice is prepared. Any notice sent shall be deemed to have been received and effective at the time and date of transmission logged by the sender's email server.
We have no responsibility to attempt contact through any means or address you may provide, other than the email address listed on your account.
Severability of the Terms of This Agreement
Terms of this Agreement are severable. If any term, provision or section of this Agreement is declared illegal, invalid or unenforceable, then it shall be severed and disregarded and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.
If we fail to require your performance of a provision of this Agreement, it will not be considered a waiver of our right to require such performance at any later time. Our waiver of a breach of any provision of this Agreement will not be considered a waiver of the provision itself, nor a waiver of that breach or any future breach.
This Agreement, all of our other published agreements, rules and policies, constitute the entire agreement between you and us, and supersedes all previous agreements and understandings between you and Who.is.
Law Governing This Agreement; Venue; Your Waiver of Jury Trial
This Agreement is entered into in the State of Colorado. Any disputes regarding the Agreement will be governed by and interpreted under the laws of the State of Colorado. You agree that any action relating to or arising out of this Agreement, from your use of our website, or otherwise relating to the provision of services to you, will be brought in an appropriate court located within the City and County of Denver, Colorado.
You agree to waive any right to trial by jury in any proceeding relating to or arising out of this Agreement.
Last Updated on June 13, 2012