Terms & Conditions

WhoisFreaks

By using the WhoisFreaks (“Service”), or any services of WhoisFreaks, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

All use of the website, information, services, and content distributed through or in conjunction with or made available on the website is offered to you subject to your acceptance of these terms and our Privacy Policy.

The following terms and conditions incorporate a legal agreement between you and WhoisFreaks and set forth the terms and conditions by which WhoisFreaks will make the WhoisFreaks API and Database services available in order to electronically provide you with the use of and access to WhoisFreaks Data & Services.

WhoisFreaks reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. At any time, you can review the most current version of our Terms of Service.

Violation of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

WhoisFreaks services:

For the purposes of this Agreement, "WhoisFreaks API and Database Services" shall consist of:

  1. All data and information feeds, media, software, and/or electronic documentation made available or supplied by WhoisFreaks or its licensees, and
  2. WhoisFreaks' databases.
  3. Certain other software, data, and/or documents supplied by WhoisFreaks or its licensees to facilitate the use of such data or services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between you and WhoisFreaks from time to time.

Scope of License

Grant of License

WhoisFreaks hereby grants to you a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the WhoisFreaks API and Database strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.

Scope of the WhoisFreaks Services License

Subject to your compliance with the terms of this Agreement, you are hereby permitted to receive, process, and display information retrieved from WhoisFreaks API or Database to individual end-users of your application(s), provided:

  1. Such end-user use this information strictly for their own personal use.
  2. You do not permit your end users to store, distribute, or otherwise exploit WhoisFreaks API and Database for any other purposes.
  3. Database buyers use the data for their own business only and do not reproduce, disclose, modify or distribute the database to any third-party.
  4. For clarity, and without limiting the foregoing, you are permitted solely to use WhoisFreaks Services for reference by your end-users. Except as expressly provided herein, under no circumstances whatsoever may you transfer or permit the transfer of WhoisFreaks API & Database outside of your application(s).

Responsibility to Protect Information

You shall use your best efforts and take all necessary steps to safeguard WhoisFreaks API & Database to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any WhoisFreaks API & Data is made in whole or in part. To the extent that you become aware of any such unauthorized use of WhoisFreaks API & Database, you shall immediately notify WhoisFreaks by emailing "support@whoisfreaks.com".

Violation of the TOS

In the event that you or any end users use WhoisFreaks API or WhoisFreaks Database in violation of this Agreement, WhoisFreaks shall have the option of electing liquidated damages.

Services and Data

Account Terms

  1. You may not use the service unless you are over the age of 13.
  2. You must be a human. Account created by automated methods are not permitted and will be removed.
  3. You must provide accurate and complete registration information any time you register to use the Service.
  4. You must sign up with your real company or personal email. Signups from disposable email addresses, shared mailboxes or any other fraudulent signups will be deleted.
  5. Usage of WhoisFreaks APIs and Databases is strictly prohibited for gambling, adult content, dating, alcohol industry, and any illegal activities.

API and Database Usage

Subject to the terms herein, WhoisFreaks will provide you with access to WhoisFreaks API and/or Database. All the API calls to the WhoisFreaks API must reference the credentials issued to you by WhoisFreaks. You may not disclose your credentials to any other party. You are solely responsible for ensuring the secrecy and security of your credentials and will be responsible for all activities that occur using such credentials. You shall not use the WhoisFreaks API in a manner that constitutes excessive or abusive usage.

One aspect of WhoisFreaks' products is the provision of databases to our customers. A purchased database license is valid with limit in time, for the available database edition at the time of the purchase, and all subsequent database editions available during any included update period. This license grants the buyer the rights to exploit - but not redistribute in any form, including derivative works, or making available to the public through any means.

The database is licensed per server (physical or virtual) and such servers can have one or more physical or virtual cores. The organization or individual can use one deployment for as many projects running on as many physical or virtual servers or devices as necessary, as long as they are all owned by or leased to the same physical or legal entity. This license explicitly prohibits usage of the database to offer free or commercial IP geolocation API services or any other related service that would conflict with the services offered by WhoisFreaks. The Licensee acknowledges that it has no rights to the WhoisFreaks intellectual property and all such rights shall belong to WhoisFreaks only.

This database license can’t be bundled with the applications which are to be deployed outside of the organization's infrastructure such as on premise applications which will run under licensee's customers infrastructure. For such use cases, you must purchase a second redistributable license from WhoisFreaks.

Payment and Billing

The WhoisFreaks API and Database Services are subscription-based services (SaaS). You pay in advance for your plan which gives you a fixed amount of API requests for a fixed period (monthly or yearly).

For monthly plans, the API requests for your plan will expire after 30 days. For yearly plans, the request count will expire after a year.

If you exceed requests for a period of time, your requests will still be served. You will have to pay a surcharge as per your plan pricing states.

You will be automatically charged at the end of a billing period. If your payment fails for a billing period, you will be notified via email. Three attempts will be made to charge your card. If the payment does not go through after the 3rd attempt, your account will be suspended and we will stop serving your API requests until the payment is completed.

When you sign up at Whoisfreaks.com, you will be given 100 free API credits. Once you consume 100 credits, your requests will not be served.

In the case of database, you get the license to provision the DB on fixed amount of physical or virtual servers. If you need to provision on more servers, you’ll have to buy more licenses. You can however deploy one licensed database onto one development server and unlimited development workstations.

Cancellation & Refund Policy

  1. You can cancel your account at any time from your dashboard.
  2. You will be able to use the WhoisFreaks API service until the end of the billing period. In the case of a yearly plan, you shall be able to use your plan until the end of the billed year. In the case of the monthly plan, you shall be able to use your plan until the end of the billed month.
  3. If you cancel the Service before the end of your current billing period, your cancellation will take effect immediately and you will not be charged again. However, your requests will be served till your current billing period.
  4. WhoisFreaks, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other WhoisFreaks service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. WhoisFreaks reserves the right to refuse service to anyone for any reason at any time.
  5. Upon cancellation, if you wish to have your data removed completely from our service at any time, you shall do so by sending an email to support@whoisfreaks.com.
  6. Refunds will not be provided for payments older than 120 days.
  7. If you cancel before the end of a billing period, you are eligible for a refund. The refund may be calculated on either your usage of the API requests or the time period lapsed.
  8. You are not entitled to a full refund if you have used any part of the allocated API requests for a billing period.

Accessibility of Services

You hereby acknowledge that from time to time, the WhoisFreaks API may be inaccessible or inoperable for any reason, including, without limitation:

  • Equipment (hardware) malfunctions;
  • Software malfunctions;
  • Periodic maintenance procedures or repairs which WhoisFreaks may undertake from time to time; and/or,
  • Causes beyond the reasonable control of WhoisFreaks and/or not reasonably foreseeable by WhoisFreaks.
We will try our best to maintain 99.99% uptime SLA and if we fail to maintain it, we will make a partial refund of that month's payment based on the downtime timings only upon customer request.

Modification of Content

You acknowledge that WhoisFreaks may from time to time, and in its sole discretion, update or change the content or format of WhoisFreaks API Data or the WhoisFreaks API.

WhoisFreaksshall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since WhoisFreaks strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. you may be required to use the most recent version of the WhoisFreaks API in order to ensure the functionality of your application(s) with WhoisFreaks API Data & Services.

Proprietary Rights

Trademarks

"WhoisFreaks", "whoisfreaks.com", the WhoisFreaks logo and other identifying marks of WhoisFreaks are and shall remain the trademarks and trade names and exclusive property of JFreaks Software Solutions, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.

Licensed, Not Sold

Use of WhoisFreaks API Data & Services is licensed, not sold.

Consent to Privacy Policy

In the course of providing the WhoisFreaks API, WhoisFreaks collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the WhoisFreaks API and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read WhoisFreaks’s Privacy Policy. By agreeing to the terms of this Agreement, you are expressly consenting to WhoisFreaks’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.

Ownership Rights

You acknowledge that WhoisFreaks owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the WhoisFreaks API Data & Services or the WhoisFreaks API, and that you shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting you or any end users any ownership rights in or to any WhoisFreaks API Data & Services or the WhoisFreaks API.

Intellectual Rights

You shall not knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of WhoisFreaks in WhoisFreaks API Data & Services You shall also not dispute or contest the ownership(directly or indirectly), validity, or enforceability of the intellectual property rights of WhoisFreaks in WhoisFreaks API Data & Services, or assist any party to do so.

Termination of Services

WhoisFreaks reserves the right at any time to terminate this Agreement or withdraw from distributing WhoisFreaks API Database Services or providing access to the WhoisFreaks API, if for any reason it no longer retains the right to publish or distribute the WhoisFreaks API Data & Services.

Disclaimer

Provided in Good Faith

The WhoisFreaks API is provided by WhoisFreaks in good faith and although WhoisFreaks endeavors to ensure that WhoisFreaks API Data & Services are accurate and obtained from sources believed to be reliable, WhoisFreaks does not guarantee or warrant:

the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of WhoisFreaks API Data & Services or the WhoisFreaks API; or that the WhoisFreaks API Data & Services or the WhoisFreaks API is free from errors or other material defects.

Disclaimer

Your use of the Website is at your own risk. WhoisFreaks provides the Website, the WhoisFreaks content, and Services "as is" and without warranties of any kind, either expressed or implied. WhoisFreaks disclaims all warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement. WhoisFreaks does not warrant that the functions or content contained in the Website will be uninterrupted (beyond our 99.99% SLA) or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. The WhoisFreaks Content may include technical inaccuracies or typographical errors, and WhoisFreaks may make changes or improvements at any time. WhoisFreaks does not represent or warrant that the information accessible via this Website or the Services is accurate, complete, or current.

Limitation of Liability

In no event shall WhoisFreaks, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the WhoisFreaks API be liable to you or to any end-users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the WhoisFreaks API and/or the WhoisFreaks API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if WhoisFreaks knew or should have known of the possibility of or could have prevented such damages.

Indemnity

You shall indemnify, defend, and save harmless WhoisFreaks, its affiliates , and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:

  • any act or omission by you or any person connected, affiliated, or associated with you with respect to this Agreement and/or the WhoisFreaks API; and/or,
  • any non-fulfillment or breach of any covenant or agreement on your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by you contained in this Agreement.

General

These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and WhoisFreaks with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and WhoisFreaks relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and WhoisFreaks.

If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give the greatest effect to the original intention of the parties hereto. WhoisFreaks' failure to insist upon, or enforce strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.

You agree that these Terms of Service, WhoisFreaks' Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

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