IQWhois provides IQWhois Hosted Webservice (as defined below) to you subject to the following conditions. This is a legal agreement between you and IQWhois. In consideration of IQWhois allowing you to use IQWhois Hosted Webservice and by accessing IQWhois you agree to the terms of this agreement (“Agreement").
You are granted a limited, revocable, nonexclusive license to use any data, images, text, content, tools or other information (collectively referred to as the "IQWhois Properties") received via IQWhois Hosted Webservice in accordance with the terms and conditions described herein. You agree that you will provide accurate information when signing up for a IQWhois Hosted Webservice account. IQWhois retains all rights not expressly granted by this Agreement.
You may only use IQWhois Hosted Webservice and the IQWhois Properties as follows:
IQWhois Webservice's historic uptime has been 99.9% over the past year. It is IQWhois goal to maintain an uptime of 99.9% or greater. You understand and agree that service outtage can occur due to unexpected reasons, in which case IQWhois will restore service in a reasonable and timely fashion. IQWhois is not responsible for any loss as a result of service outtage.
You understand and agree that IQWhois Webservice's response time can vary depending on many factors including server load, network latency, and technical reasons.
You agree to defend, indemnify, and hold harmless IQWhois 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 IQWhois Hosted Webservice by you, or by any other person using IQWhois Hosted Webservice through you or using your computer.
You understand and agree that IQWhois Hosted Webservice is provided on an "as is" and "as available" basis. You expressly agree that use of IQWhois Hosted Webservice is at your sole risk. To the maximum extent permitted by applicable laws, IQWhois disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, neither IQWhois nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (a) that IQWhois 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; (f) that the service is non-infringing. IQWhois and its affiliates hereby disclaim, and you hereby waive and release IQWhois and its affiliates from, any and all obligations, liabilities, rights, claims or remedies in tort arising from or in connection with this Agreement, IQWhois Hosted Webservice, and IQWhois Properties, whether or not arising from the negligence (active, passive or imputed) of IQWhois or its affiliates. You acknowledge and agree that any content downloaded or otherwise obtained through IQWhois is 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 IQWhois 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.
In no event shall IQWhois, 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 IQWhois Hosted Webservice, even if IQWhois has been advised of the possibility of such damages. In any event, IQWhois's cumulative liability to any user for any and all claims relating to the use of IQWhois Hosted Webservice shall not exceed the total amount paid by the user for IQWhois Hosted Webservice during the preceding three-month period.
You may terminate this Agreement by ceasing to use IQWhois Hosted Webservice and the IQWhois Properties. IQWhois reserves the right to terminate this Agreement (and/or your account) or discontinue IQWhois 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 IQWhois Hosted Webservice, including the IQWhois Properties, and any applicable portions or features thereof, and delete all IQWhois Hosted Webservice in your possession or control (including from your application and your servers).
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 IQWhois Properties or other IQWhois proprietary information in your possession or control.
IQWhois 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 IQWhois web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of IQWhois Hosted Webservice or the IQWhois Properties following IQWhois's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change. IQWhois 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 IQWhois web site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued use of IQWhois Hosted Webservice or the IQWhois Properties following IQWhois's posting of a change notice or new Agreement on the web site will constitute binding acceptance of the change.
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 IQWhois Services will be in the state and federal courts of and sitting in Collin County, Texas, 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 IQWhois Hosted Webservice, the prevailing party will be entitled to recover reasonable attorneys' fees.
This Agreement constitutes the entire agreement between you and IQWhois regarding IQWhois Hosted Webservice and supersedes any and all prior or contemporaneous representation, understanding, agreement or communication between you and IQWhois regarding IQWhois 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 IQWhois 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 writing executed as provided above.