AllHeart Web Inc., also known as Whois Data Center, offers various online services including databases and data feeds, as detailed on its website.
IMPORTANT: Make sure you read and understand these terms before using any services provided by AllHeart Web Inc., also known as Whois Data Center. By using these services, you're agreeing to the terms and any other policies mentioned (together known as the "Agreement").
This Agreement is a legally binding contract between you and Whois Data Center. In this document, "Customer" refers to you and any organization you might represent. If you're acting on behalf of an organization, you need to have the authority to agree to these terms for the organization, otherwise, you shouldn't use the services offered by Whois Data Center.
- "Data" shall refer to any and all information gathered through the Services, encompassing both Parsed Data and raw database dumps. Such Data may be delivered via mechanisms including, but not limited to, Web Services and Data Feed, and may be presented in diverse formats such as MYSQL, JSON, and CSV files.
- "Purchase Order Form" shall be understood as a formal document issued by Whois Data Center that, once properly executed by both Parties, specifies the Data that the Customer is permitted to access and utilize in accordance with this Agreement.
- "Services" shall denote the offerings made available by Whois Data Center to the Customer pursuant to this Agreement, including but not limited to Data Feed and API services.
- "Data Feed" shall mean the mechanism by which Data is provided in a format suitable for download and use from local storage.
- "Parsed Data" refers to Data that has been subdivided into specific fields separated from the original comprehensive record. Such fields may include, but are not limited to, registrant name, postal address, postal code, country code, phone number, and email address.
- "License and Use Exhibit" shall be considered as a document separately executed by the Parties, which outlines additional services, data types, or permitted uses beyond what is provided in this Agreement.
"Ownership" - Between the Customer and Whois Data Center, the latter shall retain full and exclusive ownership of the Services, all underlying software that enables the operation of said Services, the Data, Parsed Data, any and all derivative works arising therefrom, and all intellectual property rights associated with them.
- The Customer is hereby granted a limited, revocable, non-exclusive license to utilize the data, images, text, content, tools, or any other materials, which include but are not limited to Data, Services, and Parsed Data (collectively known as the "Whois Data Center Properties"). This license is subject to the terms and conditions set forth in this Agreement. The Customer acknowledges and agrees to furnish accurate information when registering for any Whois Data Center account.
- Whois Data Center retains all rights that are not expressly conferred upon the Customer in this Agreement. The Customer shall refrain from using the Data, Services, or any Whois Data Center Properties in any manner not explicitly permitted by this Agreement.
- Except as otherwise expressly stipulated, licenses granted for the use of Data or Services either in this Agreement or in any License and Use Exhibit are restricted to deployment at a single Customer Site, as defined herein.
- For the purposes of this Agreement, "Site" shall signify a single instance of utilization of Parsed Data, Data, or Services on an individual physical or virtual machine.
- No Abuse; Prohibited Uses: The Customer is strictly prohibited from utilizing the Data or Services, including any APIs provided by Whois Data Center, for any abusive purposes or to abuse computer resources accessible via any local, wide-area, or internet network. For the purposes of this Agreement, "abuse" encompasses unauthorized data mining, denial of service attacks, unauthorized incursions into computer systems, and any actions that breach applicable laws and/or regulations. Additionally, the Customer may not employ the Data or Services in a manner that would impair, overload, or damage Whois Data Center's Data, Services, or associated network(s), nor interfere with another party's lawful use of Whois Data Center's Data and Services. Unauthorized access to Whois Data Center's Data or Services, or any other accounts, computer systems, or networks connected to the Services through hacking, password mining, or other illicit means, is also prohibited. The Customer may not retrieve or attempt to retrieve any materials or information through means not explicitly authorized by Whois Data Center.
- Automated Use: Unless granted prior written consent from Whois Data Center, the Customer's use of the Services shall not exceed the following limitations:
- Additional Restrictions:
- 50 requests per second;
- 20 concurrent requests;
- 5 concurrent requests for bulk data.
Whois Data Center reserves the right to deny requests exceeding the above limits at its sole discretion. These limitations apply in aggregate across all instances of any applications created or run by the Customer.
3.1 Data Usage: The Customer is not permitted to use contact information acquired through the Data or Services in a manner prohibited by applicable law or regulation. The Customer bears sole liability for any utilization of the Data by its customers or users that contravenes any applicable law or regulation. The Customer must enter into a written contract with its users that restricts such misuse. Whois Data Center does not monitor the Customer's queries; therefore, the Customer is solely responsible for compliance with applicable laws and will indemnify Whois Data Center against any liability related to the Customer’s non-compliance.
3.2 Display and Transfer: Unless explicitly authorized by a duly executed License and Use Exhibit, Data obtained via the Services are for the Customer's internal use only. The Customer may not distribute, disclose, or otherwise make the Data available to any third-party, including any derivatives or portions thereof.
3.3 No Resale or Sublicensing: The Customer is prohibited from altering, copying, distributing, displaying, reproducing, licensing, creating derivative works from, sublicensing, transferring, assigning, renting, selling, or otherwise conveying any information, software, products, or services obtained from Whois Data Center’s Services without express prior written approval from Whois Data Center. The Customer shall not permit any third parties to use its Whois Data Center Services account or login credentials and remains solely responsible for any activities that occur under such credentials.
This Agreement shall become effective upon the Customer's initial access and/or utilization of the Services. It shall remain in effect for the duration stipulated in any license granted under a duly executed License and Use Exhibit or any Service engaged pursuant to a Purchase Order Form, except in cases where the Agreement is terminated earlier in compliance with its terms.
Fees, Payments, & Taxes
- Fee Structure: The fees associated with specific permitted uses and license grants shall Contact Informationbe as delineated in the corresponding, duly executed License and Use Exhibit.
- Acceptance of Purchase Orders: All Purchase Order Forms are subject to formal acceptance by Whois Data Center, communicated in writing.
- Non-Refundable and Non-Cancelable: All orders for services are non-cancelable, and all fees paid for such services are non-refundable.
- Price Adjustments: Whois Data Center reserves the right to alter prices at its discretion. Fees for services and license grants as set forth in this Agreement do not encompass any taxes. The Customer is solely responsible for any tax liability arising from the payment of fees herein, unless explicitly exempt.
- Payment Terms: The full invoice amount is due for payment within five (5) days from the date of the invoice, or as otherwise formally approved in writing by Whois Data Center. For any overdue payments, Whois Data Center reserves the right to charge interest at an annual rate of 18%, in addition to reasonable attorney fees and collection costs, or the maximum amount permissible under applicable law, whichever is lower. Whois Data Center may at any time alter the Customer's credit terms, request financial documentation for credit verification, demand a bank guarantee or other security, or suspend any outstanding Purchase Order Forms.
- Application of Payments: Whois Data Center may apply payments to any of the Customer's accounts. In the event of a default on any payment under this Agreement, Whois Data Center may reschedule or cancel any pending deliveries and declare all outstanding invoices immediately due and payable.
- Credit Expiry: Unless otherwise mandated by applicable law, any credit issued by Whois Data Center to the Customer will expire if unutilized within twelve (12) months from the date of issuance.
- Taxes: All quoted prices are exclusive of applicable sales, use, and other related taxes. Taxes required by law to be collected from the Customer will be invoiced by Whois Data Center, itemized by type and jurisdiction.
- Entity Size and Fee Adjustments: The fee structure set forth herein or in any Purchase Order Form takes into account factors including the size of the licensing entity. Should there be an increase in the employee count of the licensing entity by more than twenty percent (20%), the licenses granted under this Agreement will cease to be effective. Both parties shall then renegotiate the pricing. In the case of mergers, acquisitions, or any other structural changes leading to common control, employee counts from all entities will be aggregated for the purpose of fee calculation. Separate license agreements shall continue to apply for fees due for products licensed prior to the structural change.
- Dispute Notification Period: The Customer has a period of thirty (30) days from the date of the invoice to inform Whois Data Center in writing of any disputes related to that invoice. The dispute must be accompanied by detailed supporting documentation.
- Waiver of Dispute Rights: Failure on the part of the Customer to notify Whois Data Center of an invoice dispute within the stipulated thirty (30) day period shall be construed as a waiver of the Customer's right to dispute the invoice in question. Consequently, the invoice will be considered accurate and valid.
- General Statements: Both parties may make general statements to acknowledge the existence of this Agreement.
- Limited Rights for Whois Data Center: Customer is granted a limited right to use Whois Data Center's logos and trademarks solely in marketing and promotional materials that are directly related to this Agreement.
- Limited Rights for Customer: Similarly, Whois Data Center is granted a limited right to use the Customer's logos and trademarks in its marketing and promotional materials directly related to this Agreement. This includes, but is not limited to, use on Whois Data Center's website.
- Scope of Indemnification: The Customer agrees to defend, indemnify, and hold harmless Whois Data Center, along with its affiliates, officers, directors, employees, agents, representatives, information providers, and licensors, from and against all claims, costs, losses, damages, judgments, and expenses, including but not limited to reasonable attorney's fees.
- Grounds for Indemnification: The indemnification obligations set forth herein shall arise out of or relate to:
- Binding Effect: This indemnification clause shall be binding upon the Customer and shall inure to the benefit of Whois Data Center, its affiliates, officers, directors, employees, agents, representatives, information providers, and licensors.
a. Customer’s use of the Data, Services, or Parsed Data;
b. Any violation of this Agreement by the Customer;
c. Any usage of Whois Data Center’s Data, Services, or Parsed Data by any third party accessing these resources through the Customer's credentials, software, computers, or systems.
Certainly, here's the section with the requested numbering format:
Warranties and Disclaimers
- Basis of Service
1.1 The Customer acknowledges and agrees that Whois Data Center provides its Services on an "as is" and "as available" basis.
1.2 The Customer expressly consents to use the Services at their own risk.
- Warranty Disclaimer
2.1 To the maximum extent allowed by applicable law, Whois Data Center expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Specific Exclusions
3.1 That the Data, Services, or Parsed Data will meet the Customer's requirements or be accurate, complete, reliable, or free from errors.
3.2 That the Services will be perpetually available, uninterrupted, timely, or secure.
3.3 That any service defects will be rectified or that the Services will be devoid of viruses, "worms," "trojan horses," or other detrimental elements.
3.4 The availability, reliability, or quality of any products discussed or referenced in the Services.
3.5 Any warranty inferred from course of dealing or usage of trade.
3.6 That the Services do not infringe upon any rights.
- Assumption of Risk
4.1 The Customer agrees that any content downloaded or otherwise acquired through the use of the Services is obtained at the Customer's own discretion and risk.
4.2 The Customer will be solely responsible for any damage to their computer system or loss of data resulting from the use of the Services.
- Jurisdictional Limitations
5.1 Some jurisdictions do not permit the exclusion of implied warranties; therefore, the aforementioned exclusions may not be applicable to the Customer.
5.2 The Customer may also possess other rights that differ depending on the jurisdiction.
Limitation of Liability
- General Scope
1.1 In no event shall Whois Data Center, its affiliates, its 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.
- Types of Damages
2.1 The aforementioned liability limitation covers damages including, but not limited to, loss of business profits, business interruption, loss of business information, or other pecuniary loss.
- Use of Services and Data
3.1 These limitations apply to damages arising out of the use or inability to use the Whois Data Center Data, Services, or Parsed Data.
- Advised Possibility
4.1 This limitation applies even if Whois Data Center has been advised of the possibility of such damages.
- Monetary Cap on Liability
5.1 Notwithstanding any provisions herein to the contrary, Whois Data Center's cumulative liability to the Customer for any and all claims relating to this Agreement and/or the use of the Whois Data Center Data, Services, and Parsed Data shall not exceed the total amount paid by the Customer to Whois Data Center for the Services, during the three (3) month period preceding the claim.
Termination of Service
These terms and conditions ("Terms") govern the use of services provided by AllHeart Web Inc. through the website "WhoisDataCenter.com" ("SAAS"). By accessing or using the Service, you agree to comply with and be bound by these Terms. Please read them carefully before using the Service. The termination provisions outlined below pertain to the termination of your access to and use of the Service.
- Suspension or Termination: We reserve the right to terminate or interrupt your subscription to the service at any time, with or without prior warning, for any reason including, but not limited to, violations of these Terms. Upon termination, your right to use the Service will cease immediately.
- Termination by Customer: Customers may terminate this Agreement by discontinuing the use of the Data, Services, and Whois Data Center Properties provided by WhoisDataCenter.com. Notwithstanding any contrary provisions, WhoisDataCenter.com retains the right to terminate this Agreement, Customer accounts, or discontinue the Services for any reason and at any time at its sole discretion. Upon termination, Customers must immediately cease using the Services, delete all Data and Whois Data Center Properties, and settle any outstanding amounts due.
- Usage of Profane Language: Usage of profane language, whether through chat, email, or any other communication medium, will result in immediate termination of the Service.
- Survival of Provisions: Upon termination, all provisions of these Terms that, by their nature, should survive, will continue to be in effect. This includes ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Account Termination: If you wish to terminate your account, you may do so by discontinuing the use of the Service. Upon termination, your right to use the Service will immediately cease.
- Cancellation Process: You can cancel your account by contacting us via email and providing the necessary credentials to validate your request. Please note that upon cancellation, all your content will be permanently deleted from our system and cannot be recovered.
- Account Suspension and Abuse: We reserves the right to suspend or terminate your account for any reason, including abuse (verbal, physical, written, or threats) towards our customers or employees. Additionally, excessive bandwidth usage may lead to the immediate disabling of your account.
- Outstanding Amounts: Upon notice of termination, any amounts due for the current term of the contract will become immediately due and payable.
These termination provisions are an integral part of the Terms governing the use of the Service provided by WhoisDataCenter.com. By using the Service, you acknowledge and agree to abide by these termination conditions.
Breach of Agreement
- Automatic Termination
1.1 This Agreement will terminate automatically if the Customer fails to comply with the terms of this Agreement.
- Consequence of Termination
2.1 Upon termination of this Agreement, all rights and licenses granted herein shall immediately cease to be effective.
- Obligations Upon Termination
3.1 Customer shall immediately delete or remove any and all proprietary information of Whois Data Center in its possession or control.
3.1.1 This includes but is not limited to Services, Data, and Whois Data Center Properties.
By employing this numbering system, each specific aspect of the "Breach of Agreement" section can be easily identified and referenced.
Certainly, the "Governing Law & Dispute Resolution" section can be formalized and structured using a numbered format as follows:
Governing Law & Dispute Resolution
- Governing Law
1.1 This Agreement shall be governed by the laws of the State of Ontario, Canada, excluding its conflict of laws provisions.
2.1 Any dispute or controversy arising under or in connection with this Agreement shall be resolved through binding arbitration.
2.2 The arbitration shall be conducted in accordance with the commercial rules of the American Arbitration Association then in effect.
- Court Jurisdiction
3.1 Judgment upon the award of the arbitrator may be entered in any court having jurisdiction over the matter.
- Consistency with Agreement
4.1 Any determination made by the arbitrator shall be consistent with the provisions set forth in this Agreement.
- Attorney’s Fees
5.1 In any litigation or arbitration proceeding concerning this Agreement or the use of Whois Data Center’s Services, the prevailing party will be entitled to recover reasonable attorneys' fees.
Entire Agreement; No Third-party Beneficiary; Severability
- Entire Agreement
1.1 This Agreement constitutes the entire agreement between Customer and Whois Data Center concerning the Data, Services, and Parsed Data detailed herein.
1.2 This Agreement supersedes any prior or contemporaneous representations, understandings, agreements, or communications between Customer and Whois Data Center regarding the same subjects.
2.1 This Agreement may only be amended by a written document executed by both Customer and Whois Data Center that specifically references this Agreement and the provisions to be amended.
2.2 Notwithstanding the above, Whois Data Center may unilaterally amend this Agreement at its sole discretion.
2.3 In the event that an amendment materially affects the rights of the Customer, Whois Data Center shall provide conspicuous notice via its website and/or email.
2.4 Continued use of the Services after such an amendment will constitute the Customer's acknowledgment and acceptance of said amendment.
- No Third-party Beneficiary
3.1 No third party is intended to be a beneficiary of this Agreement, nor shall they have any remedy, claim, liability, reimbursement, cause of action, or other right or privilege arising from this Agreement.
4.1 If any provision of this Agreement is held to be unenforceable, such provision will be severed, and the remaining provisions will continue to be enforceable to the fullest extent permitted by law.
- Scope of Confidential Information
1.1 If the Customer receives any information from Whois Data Center marked as “Confidential” and/or “Proprietary,” the Customer agrees to use such information only in performance of this Agreement.
- Treatment of Confidential Information
2.1 Customer shall treat such confidential information with the same level of care as it treats its own confidential information, but in no event less than reasonable care.
3.1 The obligation to keep information confidential does not apply to information that:
3.1.1 Has been disclosed in publicly available sources.
3.1.2 Is disclosed in publicly available sources through no fault of the Customer.
3.1.3 Is in the rightful possession of the Customer without an obligation of confidentiality.
3.1.4 Is required to be disclosed by law, provided that the Customer provides Whois Data Center with prior written notice, thereby allowing Whois Data Center an opportunity to contest such disclosure.
- Duration of Confidentiality Obligation
4.1 Except as otherwise specified, the obligation to not disclose confidential information shall remain in effect for a period of three (3) years following the disclosure of such confidential information.
- General Principle
1.1 The Customer agrees that if any one or more provisions of this Agreement (or any parts thereof, including provisions in a Purchase Order Form) are found to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions of the Agreement.
- Reformation of Unenforceable Provisions
2.1 If any provision of this Agreement is held to be excessively broad, whether in terms of duration, geographical scope, activity, or subject, the Customer agrees that such provision will be modified, limited, and reduced to make it enforceable to the maximum extent compatible with applicable law.
This Severability section ensures that the rest of the Agreement remains intact even if a court or arbitrator finds one or more provisions unenforceable. It also provides a mechanism to modify such provisions to make them enforceable, preserving the original intent to the extent possible.
1.1 All headings, titles, and captions (collectively referred to as "Headings") contained in this Agreement are inserted for convenience and ease of reference only.
- No Legal Effect
2.1 Headings do not define, limit, extend, or describe the scope or extent of such section or any provision herein.
3.1 No Heading shall affect the interpretation or construction of any provision of this Agreement.
- Restrictions on Assignment
1.1 Customer shall not assign, transfer, or delegate this Agreement, or any rights or obligations hereunder, including any applicable Purchase Order Form, without the prior written consent of Whois Data Center.
- Binding Effect
2.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Whois Data Center's Right to Assign
3.1 Notwithstanding the restrictions set forth in section 1.1, Whois Data Center may freely assign or transfer this Agreement and its rights and obligations under this Agreement without requiring the prior written consent of the Customer.
The restriction on assignment is intended to protect the interests of Whois Data Center and ensure that the terms of the Agreement are adequately met by the parties involved.
Compliance with Laws
- General Compliance
1.1 Both parties agree to observe and comply with all applicable local, state, national, and international laws, rules, and regulations in the performance of their respective obligations under this Agreement.
2.1 Specifically, both parties shall adhere to all anti-corruption laws applicable to their operations and business practices, including but not limited to the United States Foreign Corrupt Practices Act.
- Import and Export Regulations
3.1 Both parties shall also comply with all applicable laws and regulations governing the import or export of products, services, or technology, as relevant to their obligations under this Agreement.
- Representations and Warranties
4.1 Each party represents and warrants that it is in compliance with, and shall remain in compliance throughout the term of this Agreement, with all applicable laws, rules, and regulations.
- Breach and Consequences
5.1 A breach of this "Compliance with Laws" section by either party shall be considered a material breach of this Agreement and shall entitle the non-breaching party to terminate this Agreement in accordance with the "Breach of Agreement" section.
By entering into this Agreement, the parties affirm their commitment to adhere to all applicable laws and regulations and acknowledge that failure to do so will be grounds for termination of this Agreement.
- Nature of Relationship
1.1 The parties to this Agreement are independent contractors. Both parties acknowledge and agree that nothing in this Agreement shall be construed as establishing a joint venture, agency, franchise, or partnership between them.
- No Authority to Bind
2.1 Neither party has the authority to bind the other or to incur any obligation on its behalf, and neither party shall represent to the contrary, either expressly, implicitly, or otherwise, except as specifically stated in this Agreement.
- Representations and Warranties
3.1 Except for any representations and warranties expressly made in this Agreement, neither party is authorized to make any representations or warranties on behalf of the other.
4.1 Each party shall be solely responsible for its actions and omissions, including but not limited to compliance with all applicable laws, rules, and regulations.
By entering into this Agreement, both parties affirm that they are acting as independent contractors and acknowledge that this Agreement does not create any other type of relationship between them.
The Data, Services, and Parsed Data are subject to the export control laws and regulations of federal statute, as amended. Customer may not export or re-export the Data, Services, or Parsed Data, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, South Africa (military and police entities), Syria, and Vietnam); (ii) any third-party who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any third-party who has been prohibited from participating in the U.S.A. export transactions by any federal agency.
1.1 Force Majeure refers to circumstances that are beyond Whois Data Center's reasonable control which prevent it from fulfilling its obligations under this Agreement.
2.1 Causes of Force Majeure
2.1.1 These may include, but are not limited to, acts of nature, acts or omissions of the Customer, operational disruptions, man-made or natural disasters, epidemic medical crises, material shortages, power outages, hacker attacks, viruses, strikes, criminal acts, and delays in delivery or transportation. 2.2 Limitation on Obligations
2.2.1 Under conditions of Force Majeure, Whois Data Center is not liable for failure to fulfill its obligations as outlined in this Agreement.
- Other Factors
3.1 Inability to Obtain Resources
3.1.1 Force Majeure also covers the inability to obtain labor or materials through regular sources.
By agreeing to these terms, the Customer acknowledges that Whois Data Center is not liable for disruptions in service or failure to fulfill obligations due to circumstances beyond its reasonable control as described herein.
Additional Service Terms
1.1 This section outlines the additional terms and conditions that may apply to specific portions of the Service provided by Whois Data Center.
- Acceptance of Additional Terms
2.1 Inclusion in Agreement
2.1.1 Some portions of the Service may be governed by additional terms ("Additional Terms"). These Additional Terms will form a part of this Agreement. 2.2 User Agreement
2.2.1 Your use and continued use of the Services that are subject to Additional Terms signifies your agreement to comply with these Additional Terms in addition to the main Agreement.
- Identification and Notification
3.1 Whois Data Center will clearly identify any Services that are subject to Additional Terms.
4.1 Failure to comply with Additional Terms will be considered a breach of this Agreement.
By using or continuing to use Services that are subject to Additional Terms, the Customer agrees to abide by these terms as part of the larger Agreement with Whois Data Center.
1.1 Historical Performance
1.1.1 The Service has historically maintained an uptime of 99.9% on a year-over-year basis. 1.2 Uptime Target
1.2.1 The target for uptime continues to be to exceed 99.9%. 1.3 No Uptime Guarantee
1.3.1 Unless explicitly agreed upon in a separate written agreement, Whois Data Center does not guarantee any minimum level of uptime. 1.4 Outage Restoration
1.4.1 In the event of an outage, Whois Data Center shall endeavor to restore the Service in a timeframe that it deems reasonable, at its sole discretion.
- Response Times
2.1 Typical Response
2.1.1 Response times for typical service requests may take upwards of several seconds. 2.2 No Response Time Guarantee
2.2.1 Unless explicitly agreed upon in a separate written agreement, Whois Data Center does not guarantee any specific response times.
By accepting these service levels, Customer acknowledges that while Whois Data Center aims for high uptime and prompt response, there are no guaranteed service levels unless explicitly provided for in a separate written agreement.
End User License Agreement Requirements (EULA)
- Obligation to Implement EULA
1.1 Customer shall implement an End User License Agreement ("EULA") for each End User who has access to, or is provided with, Data, Parsed Data, or Results under the terms of a duly executed License and Use Exhibit.
- Protective Terms
2.1 The EULA shall be no less protective of Whois Data Center's rights and property than the terms of this Agreement.
- Minimum Provisions
3.1 Liability Limitation
3.1.1 The EULA must contain provisions that limit Whois Data Center's liability to the maximum extent permitted by applicable law. 3.2 Use Restrictions
3.2.1 The EULA must restrict the End User's use of Data, Parsed Data, or Results to internal, non-commercial use only. 3.3 Intellectual Property Safeguards
3.3.1 The EULA must prohibit unauthorized disassembly, decompiling, reverse engineering, and copying of the Data, Parsed Data, or Results.
By meeting these requirements, Customer ensures that End Users are bound by terms that protect the interests and property of Whois Data Center in a manner consistent with this Agreement.
Treatment of Personal Data
- GDPR Compliance
2.1 To the extent that Customer is a Controller of Personal Data as defined by the General Data Protection Regulation (GDPR), and Whois Data Center acts as a Processor, Customer agrees to execute a separate Data Processing Addendum.
2.2 Failure to comply constitutes a material breach of this Agreement.
- Customer's Responsibility for Personal Data
3.1 Customer is responsible for ensuring that the treatment of Personal Data complies with this Agreement and all applicable laws.
3.2 Customer represents that it has obtained all necessary consents and approvals for the use and disclosure of Personal Data.
- Breach Notification
4.1 In case of a Breach of Personal Data, Customer agrees to immediately notify Whois Data Center and will cooperate in responding to the Breach.
- No Backup Obligation
5.1 Whois Data Center is not obligated to backup any Personal Data, and such data may be deleted at any time.
- License Grant for Personal Data
6.1 Customer grants Whois Data Center a perpetual, nonexclusive, worldwide license to process Personal Data on behalf of the Customer.
6.2 This license extends to any third-party providers with which Whois Data Center has an agreement requiring the sharing of Personal Data.
If you have any questions, concerns, or complaints about our Services or anything under this Agreement or other Agreements with us, please drop us email at [email protected] .