NOTE: These terms relate to the use of the whois by those acting as whois2 gateways. These are different from the whois1 terms of use, which also apply to the end user of a whois2.
1. Interpretation
1.1. In this contract words written in bold have a special meaning:
1.1.1. our document ‘The Definitions and Interpretation Terms’ which gives a list of standard definitions and rules on the interpretation of contracts is incorporated in this contract as if it was set out in full – it lists most of the terms given special meaning here; and
1.1.2. other words with special meanings are listed below:
contract (i) these terms, (ii) The Definitions and Interpretation Terms’ (see clause 1.1.1) and (iii) the credit and payment terms
bad query any query or other request to the whois2 system which;
• is not in the whois2 format;
• is sent in an incorrect manner (e.g. to the incorrect port),
• has incorrect, faked, fraudulent, stored, invented or misleading end user domain name or IP address details,
• is for a domain name which cannot be queried via whois2,
• is submitted on behalf of an end user who has exceeded their limit;
• is sent by an end user who does not accept the whois1 terms of use;
• is part of a pattern of abuse which we have brought to your attention or which you know about for any other reason; and/or
• exceeds the limit (or your individual limit , if one is set); and
whois2 format the format and other requirements of and for whois2 queries set out on our website.
2. Grant
2.1. On the terms of this contract and subject to the policy, you may use our whois2 system.
2.2. Only domain names for which we supply whois responses generally will receive a valid response to a whois2 query. A list of the domain names we provide whois responses for is set out in the whois1 terms of use. We may in the future be able to increase the range of domain names for which we will provide a whois response: if this is possible, but the information is sourced from a third party (because, for example, it relates to a second level domain we do not operate), we may make (on giving 30 days notice on our website) such reasonable changes to this contract as are necessary to effect such an expansion of the whois .
3. Limits and Method of Use
3.1. In our acceptable use policy we specify the limit for whois2 use and the limit applies to you unless we decide that your particular circumstances justify the setting of a different limit specific to you.
3.2. We aim to notify you of any changes to the limit or acceptable use policy in advance but this may not always be possible when dealing with urgent abuse .
3.3. You must not exceed your limit, but if despite this you do exceed your limit ;
3.3.1. we shall, in accordance with the acceptable use policy, slow responses to queries, or ignore or block some or all queries ; and
3.3.2. if you exceed your limit on multiple occasions, or seriously exceed your limit on one or more occasions, we may suspend or cancel this contract in accordance with clause 6.2.
3.4. There is a total number of permitted whois queries for each end user which they may make via any form of our whois. This limit is stated in the acceptable use policy. We may reject queries originated by end users who have exceeded their limit or who are subject to sanctions for abuse without regard to your limit .
3.5. We will publish guidance for users of the whois2 on our website which will specify the whois2 format. You must make reasonable efforts to comply with that guidance in your use of the whois2. If you do not comply with the guidance, our systems may not recognise or respond to your queries .
3.6. The connection to our whois server is the means by which you are identified to us so you must not do, or permit, anything which would lead to incorrect, inaccurate, false or misleading information being given as part of the connection (as distinct from the queries made over that connection).
3.7. We will only permit you to connect to the whois2 service when you do so from (one of) the IP address(es) specified in your application. The limit is set ‘per user’ not ‘per IP address’.
3.8. If we think that you may not be complying with clauses 3.5 and/or 3.6, we may request in writing evidence from you which shows how you do (or do not) comply and you shall promptly supply us with such evidence in the form requested.
4. Use of WHOIS data
4.1. The purpose of the whois2 is to allow users to act as a gateway for end users who are making a live query. If you wish to make a whois query yourself, you must use the whois1 service or (if appropriate) the DAC: you may not use the whois2 service in such a way that you are both the end user and the whois2 gateway.
4.2. Where you have made a whois2 query on behalf of an end user you:
4.2.1. may not intercept or make a copy of the address data (if any) returned by us; but
4.2.2. provided you accept and abide by the whois1 terms of use in respect of the whois2 result (and do not block any part of the result from the end user) you may intercept a copy of all other elements of the whois2 result.
4.3. You must not permit the use of the whois2 from your computer systems or those under your control unless;
4.3.1. the output passed to the end user clearly contains in legible form all elements of the whois2 output, including all intellectual property rights notices, terms of use, and disclaimers;
4.3.2. the source of the whois result is not misrepresented, amended, confused or disguised;
4.3.3. you have no reason to believe that the end user has not accepted in full, and intends to comply with, the whois1 terms of use; and
4.3.4. the query is the result of a live (within the last minute) request by the end user (i.e. the end user may not give you his IP address and ask you to keep submitting queries on his behalf without further instructions).
5. Payment
5.1. We currently provide the whois2 free of charge.
6. Service Levels, Prevention of Abuse, Anti-avoidance measures
6.1. We aim to provide our services in a neutral and impartial way, and we have obligations to protect the information on the register. Accordingly we will have, and update from time to time, an acceptable use policy which will set out what constitutes abuse and how it can be dealt with, including details of;
6.1.1. levels of acceptable use (including the limit );
6.1.2. acceptable or unacceptable uses of the services we provide under this contract ;
6.1.3. acceptable or unacceptable uses of the data derived or obtained from the services we provide under this contract ;
6.1.4. activities which are banned because they provide or may provide unfair advantages to particular users or which involve co-operation between users in an attempt to secure an advantage;
6.1.5. activities which are banned because they endanger or may endanger our system(s) or which may compromise the service we can provide generally to users;
6.1.6. require users to declare to us any affiliations they may have with other users;
6.1.7. require users to provide us with reasonable evidence if they are reasonably suspected of abuse ;
6.1.8. how the acceptable use policy is to be enforced;
6.1.9. what sanctions apply; and
6.1.10. anti-avoidance terms to further restrict abuse .
6.2. You must comply with this contract and the acceptable use policy . If you do not we may:
6.2.1. terminate this contract under clause 8.3.1;
6.2.2. immediately suspend this contract until such time as we are satisfied that the abuse will not reoccur; and/or
6.2.3. take such other action as is specified in the acceptable use policy .
6.3. If we suspend this contract under clause 6.2.2 we shall notify you within 24 hours.
6.4. You shall make reasonable efforts not to send bad queries to the whois2. If you send bad queries to the whois2 we may (subject to clause 6.5):
6.4.1. request that you alter the form of your queries so that they are no longer bad queries and we shall be entitled to ask you for, and you shall promptly provide evidence of the steps you are taking to reduce such bad queries to a level acceptable to us; and/or
6.4.2. take action under our acceptable use policy ; and/or
6.4.3. (unless the problem is short-term and minor, or long-term but trivial) terminate this contract under clause 8.3.1.
6.5. We understand that it may not be possible for the level of bad queries to be zero and accordingly we will take that into account when deciding what action (if any) to take in respect of bad queries submitted to the whois2. Where it appears that the submission of bad queries was involuntary and reasonable steps are being taken to minimise future levels of bad queries our general approach will be to offer guidance rather than to take one of the other steps under this contract, but we reserve the right to use any of the options under clauses 6 or 8 as appropriate.
6.6. We do not guarantee that the whois2 will be available without interruption and we may suspend its operation without notice or liability to you, for technical, legal or anti-abuse reasons.
6.7. Despite clause 6.5, our aim is to keep the whois2 available and if the whois2 is withdrawn for an extended period we will endeavour to explain why and give a non-binding estimate of when it, or an alternative service, is likely to be provided.
7. Third Parties, End Users and Agents
7.1. You may not assign or subcontract any of your rights and obligations under the contract without our prior written consent.
7.2. We will hold records of your identity, and any contacts relevant to the service being provided. You will ensure that every contact consents to us holding the information. It is your duty to keep us updated on whom you wish us to accept instructions from.
7.3. You may write to us to ask for a copy of the records of your identity we hold about you. We may if asked in writing, give our records of your identity to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;
7.4. If you are issued with or have an identifier (e.g. a password, personal information or code) for use with us or our systems you must keep it secret and safe because we shall be allowed to assume that any action done or requested using that identifier or a product of it was done or requested by you or by someone authorised to act for you and we shall have, and be entitled to enforce, procedures for dealing with lost, revoked or compromised identifiers.
8. Suspension, Termination and Revision
8.1. This contract begins on the date that we notify you that we have accepted your application to use the whois2 and continues indefinitely unless terminated, or suspended, in accordance with the contract .
8.2. Either party may terminate this contract by notifying the other party not less than one month in advance.
8.3. (Without altering clause 6.2), either party may terminate or suspend this contract by notifying the other if the other:
8.3.1. commits a material breach of any term of the contract and (in the case of a breach which is capable of remedy) fails within 14 days after the other notifies them to remedy the breach and explain in writing the steps taken to remedy of the breach; or
8.3.2. has a receiver or similar officer appointed over it or any part of its assets, or passes a resolution for winding up (except for the purpose of a genuine scheme of solvent amalgamation or reconstruction), or becomes insolvent, bankrupt or subject to an administration order, or enters into any voluntary arrangement with its or his/her creditors, or ceases or threatens to cease to carry on business.
8.4. Where either party (being a body corporate) has ceased to exist, or (being an individual) has died, the duty to notify under clause 8.3.2 is waived.
8.5. Any termination, suspension or expiry of the contract will not affect any accrued rights of action of either party, nor will it affect the coming into force or continuation in force of any provision of this contract which is expressly, or by implication, intended to come into or continue in force on or after termination or expiry.
8.6. Any termination, suspension or expiry of the contract will not affect the application to or validity of the ‘Definitions and Interpretation Terms’ (clause 1.1.1) or the credit and payment termsin relation to any other contract in which they are incorporated.
9. Accuracy, and Exclusions of Liability
9.1. We are entitled to change the register or whois records, at any time.
9.2. The whois may not be a real-time system, and is not designed to assist you to register domain names which have recently been deleted from the register and you should be aware that the whois data can be up to 15 minutes behind the register from which it is sourced.
9.3. Nothing in this contract shall be taken to attempt to exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
9.4. Subject to clause 9.3;
9.4.1. all representations, and all warranties, whether express or implied by statute, law or otherwise, relating to the operation of the whois and the data in it are excluded to the maximum extent permissible by law; and
9.4.2. we will not have any liability whatsoever to you or any end user to whom you relay results as a result of any failure or inaccuracy, delay or error in the operation of the whois or the information from it.
9.5. Subject to clause 9.3, we will in no event (whether in contract, tort or otherwise) be liable for;
9.5.1. any loss of revenue;
9.5.2. loss of profits;
9.5.3. loss of goodwill;
9.5.4. loss of data; or
9.5.5. indirect or consequential loss suffered by you or the end user
arising out of this contract or your use or provision of the whois2 .
10. Intellectual Property and Relationship of the Parties
10.1. Neither this contract, nor action taken by the parties in accordance with it, creates or will be deemed to have created a partnership, association, joint venture or other co-operative entity between the parties. Neither party shall have any authority to bind the other in any way.
10.2. As a confirmatory assignment you assign to us any intellectual property rights you have in the register (if any).
11. General
11.1. If either party cannot perform any of its contractual obligations as a result of events beyond its reasonable control, then such party will not have to perform that obligation for the duration of the relevant event.
11.2. This contract is the entire contract between you and us in relation to this subject and supersedes all prior agreements, arrangements and understandings between the parties relating thereto. For clarity, nothing in this contract shall operate to terminate or amend any registration agent agreement, or contract in relation to the whois1, prss, DAC or other service provided by us to you.
11.3. No forbearance or delay by you or us in enforcing the provisions of the contract will prejudice or restrict its rights, nor will any waiver of any right operate as a waiver of any subsequent breach.
11.4. We may make reasonable changes to the terms of this contract from time to time after discussion with our Policy Advisory Board (or any similar body supplementing or replacing it) and after consultation with the user group for this service. We will notify you at least 30 days before the changes take effect. We will only make changes if there is a good reason for doing so.
11.5. The contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts, save in matters of enforcement of the judgement of an English Court, where the parties submit to the non-exclusive judgement of the English Court.