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1. Home
2. IP Addresses & ASNs
3. IP & ASN Registry Services
4. Using Whois
5. Whois Terms of Use
1. Using Whois
WHOIS TERMS OF USE
ON THIS PAGE
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* A. Use of the Whois Service
* B. Additional Terms
* 1. Changes
* 2. Supplemental Terms
* 3. Privacy
* 4. Disclaimer of Warranties & Limitations of Liability
* 5. Indemnification
* 6. Dispute Resolution
* 7. Termination
* 8. Electronic Contracting and Notice
* 9. Miscellaneous
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Effective: 9 April 2014
Please read the following Whois Service Terms of Use (these “Terms”) carefully
because, by accessing and using the Whois database available on ARIN.net (“Whois
Service”), you accept and agree to them. These Terms form an agreement between
you and American Registry for Internet Numbers (“ARIN”). By using the Whois
Service, you represent to us that you are legally competent to enter into this
agreement.
These Terms apply to any use of the Whois Service, including compilation,
repackaging, dissemination or other use of ARIN Whois data.
A. USE OF THE WHOIS SERVICE
The Whois Service is to be used for Internet operational or technical research
purposes, including:
* Evaluating routing policies or assuring compliance with routing policies;
* Facilitating operational coordination between network operators (e.g.,
network problem resolution, outage notification, etc.);
* Providing reversed DNS and ENUM delegations;
* For use in conjunction with the normal course of your business in providing
network and Internet services so long as such use does not republish, resell,
or make publicly available data contained within the ARIN Whois database;
* Ensuring the uniqueness of Internet number resource usage;
* Conducting scientific research into network operations;
* Automated processing of abuse requests, research and tracking of abuse issues
in connection with the maintenance of Whois data, and efforts to maintain
accurate SWIP records; and
* Identifying resources used or suspected of being used for unlawful or
harassing purposes.
You are specifically prohibited from using the Whois Service (i) as part of a
commercial service or product, including the solicitation and servicing of your,
or your employer’s, customers, even if additional data not derived from the
Whois Service is incorporated or (ii) for advertising, direct marketing,
marketing research or similar purposes.
If you provide access to the Whois Service to third parties in accordance with
these Terms, you must provide the data subject to terms that are at least as
restrictive as the provisions of these Terms. You shall be responsible for any
use of the Whois Service by such third party as if you had engaged in the
activity yourself.
Unless ARIN provides specific prior written authorization, no other use of the
Whois Service other than as expressly described in these Terms is implied or
permitted. Please contact info@arin.net if you would like to discuss possible
uses of the Whois Service that are not described in these Terms.
B. ADDITIONAL TERMS
1. CHANGES
The Effective Date of these Terms is set forth at the top of this webpage. We do
not intend to change these Terms very often but reserve the right to do so. We
will not make changes that have retroactive effect unless we are legally
required to do so. Whenever possible, we will notify you in advance of changes
to these Terms. Unless otherwise noted on this webpage, the Terms, as changed,
will become effective thirty (30) days after they are initially posted.
2. SUPPLEMENTAL TERMS
Certain services offered on or through ARIN.net may be governed by other terms
and conditions presented in conjunction with them. You must agree to the other
terms before using such services. These Terms and any other terms will apply
equally. If any additional term is irrevocably inconsistent with any provision
of these Terms, the other term will prevail.
3. PRIVACY
Please make sure that you carefully read our Privacy Statement available at
https://www.arin.net/about/privacy.html to learn about the information that ARIN
collects and how we process it.
4. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
ARIN warrants that it has validly entered into these Terms and has the legal
power to do so. You warrant that you have validly entered into these Terms and
have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE Whois SERVICE IS PROVIDED “AS IS” AND
“AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ARIN
specifically disclaims all warranties and conditions of any kind, including all
implied warranties and conditions of merchantability, fitness for a particular
purpose, title, non-infringement, freedom from defects, uninterrupted use and
all warranties implied from any course of dealing or usage of trade. ARIN does
not warrant that (a) the Whois Service will meet your requirements, (b)
operation of the Whois Service will be uninterrupted or virus- or error-free or
(c) errors will be corrected. Any oral or written advice provided by ARIN or its
authorized agents does not and will not create any warranty. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
* YOU AGREE THAT IN NO EVENT WILL ARIN BE LIABLE (Y) FOR DAMAGES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION),
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY
IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF ARIN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES
WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF
THE WHOIS SERVICE. The foregoing disclaimer of liability will not apply to
the extent prohibited by applicable law.
* You acknowledge and agree that the above limitations of liability together
with the other provisions in these Terms that limit liability are essential
terms and that ARIN would not be willing to grant you the rights set forth in
these Terms but for your agreement to the above limitations of liability.
5. INDEMNIFICATION
You agree to indemnify and defend ARIN and its directors, officers, employees
and agents from and against all losses, liabilities, actual or pending claims,
actions, damages, expenses, costs of defense and reasonable attorneys’ fees
brought against ARIN by any third party arising from your use of Whois Service
or any violation of these Terms, the rights of a third party or applicable law.
ARIN reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification hereunder. In any event, no
settlement that affects the rights or obligations of ARIN may be made without
ARIN’s prior written approval.
6. DISPUTE RESOLUTION
These Terms are governed by and construed and enforced in accordance with the
internal laws of the Commonwealth of Virginia, without giving effect to the
principles of conflicts of laws of such state, and are binding upon the parties
hereto in the United States and worldwide. You and ARIN agree that the United
Nations Convention on Contracts for the International Sale of Goods does not
apply to the interpretation or construction of these Terms.
YOU AND ARIN AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN
THE MANNER SPECIFIED IN THIS SECTION [6] AND THAT YOU AND ARIN WAIVE ANY RIGHT
TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND ARIN FURTHER AGREE THAT EACH MAY BRING claims against the other only on
an individual basis and not as a plaintiff or clASS member in any PURPORTED
class or representative action or proceeding. OTHER RIGHTS THAT YOU WOULD HAVE
IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR
LIMITED IN ARBITRATION.
Any dispute between you and ARIN and its agents, employees, officers, directors,
principals, successors, assigns, subsidiaries or affiliates (collectively for
purposes of this Section [6], “ARIN Parties”) arising from or relating to these
Terms and their interpretation or the breach, termination or validity thereof,
the relationships which result from these Terms, including disputes about the
validity, scope or enforceability of this agreement to arbitration
(collectively, “Covered Disputes”) will be settled by binding arbitration in the
U.S. State of Virginia administered by the American Arbitration Association
(“AAA”) in accordance with its International Arbitration Rules in effect on the
date thereof. Prior to initiating any arbitration, the initiating party will
give the other party at least 60 days’ advanced written notice of its intent to
file for arbitration. ARIN will provide such notice by mail or e-mail using the
contact information on file with ARIN and you must provide such notice by mail
to ARIN, Attn: Legal Department, PO Box 232290 Centreville, VA 20120 USA.
Payment of all filing, administration and arbitrator fees will be governed by
the AAA’s rules. If, however, you are able to demonstrate that the costs of
arbitration will be prohibitive as compared to the costs of litigation, ARIN
will pay as much of the filing, administration and arbitrator fees as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive for you. If the arbitrator determines the claim(s) you assert
in the arbitration are frivolous, you agree to reimburse ARIN for all fees
associated with the arbitration that ARIN paid on your behalf, which you
otherwise would be obligated to pay under the AAA’s rules.
A single arbitrator will be selected in accordance with the AAA Commercial
Arbitration Rules. The arbitration shall be conducted in the English language.
The arbitrator will have the power to grant whatever relief would be available
in court under law or in equity and any award of the arbitrator will be final
and binding on each of the parties and may be entered as a judgment in any court
of competent jurisdiction. The arbitrator will not, however, have the power to
award punitive or exemplary damages, the right to which each party hereby
waives. The arbitrator will apply applicable law and the provisions of these
Terms and the failure to do so will be deemed an excess of arbitral authority
and grounds for judicial review. The arbitrator’s decision must be with written
explanation and remain confidential. ARIN and you agree that any Covered Dispute
will be submitted to arbitration on an individual basis only. Neither ARIN nor
you are entitled to arbitrate any Covered Dispute as a class, representative or
private-attorney action and the arbitrator will have no authority to proceed on
a class, representative or private attorney general basis. If any provision of
the agreement to arbitrate in this Section [6] is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms will
be enforced (but in no case will there be a class, representative or private
attorney general arbitration). Regardless of any statute or law to the contrary,
notice on any claim arising from or related to these Terms must be made within
one (1) year after such claim arose or be forever barred. For purposes of this
Section [6], these Terms and related transactions will be subject to and
governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or
actions that you may otherwise have against ARIN under the laws of any
jurisdiction outside the United States are hereby waived, including without
limitation, any claims or actions under the laws of your own country, and that
your sole location and applicable law for any disputes is in the United States
according to the terms of this Section 6.
7. TERMINATION
These Terms automatically terminate when you fail to comply with any term or
condition of them. ARIN may terminate or modify your access to Whois Service,
with or without notice to you, at any time for any reason. For example, access
to Whois Service may be denied without notice if ARIN believes that you are not
at least age 13.
8. ELECTRONIC CONTRACTING AND NOTICE
Your affirmative act of using the Whois Service constitutes your electronic
signature to these Terms (which include our Privacy Statement), and your consent
to enter into agreements with ARIN electronically.
9. MISCELLANEOUS
* These Terms, together with our Privacy Statement, contain the entire
understanding by and between ARIN and you with respect to the matters
contained herein and there are no promises, covenants or undertakings other
than those expressly set forth herein.
* These Terms (i) inure to the benefit of and will be binding upon ARIN’s and
you and your successors and assigns, respectively; and (ii) may be assigned
by ARIN but you may not assign them without the prior express written consent
of ARIN.
* If any provision of these Terms is or becomes unenforceable or invalid, the
remaining provisions will continue with the same effect as if such
unenforceable or invalid provision had not been inserted herein.
* If ARIN fails or you fail to perform any term hereof and the other party does
not enforce such term, the failure to enforce on any occasion will not
constitute a waiver of any term and will not prevent enforcement on any other
occasion.
* Nothing contained in these Terms will be deemed to constitute ARIN or you as
the agent or representative of the other or as joint venturers or partners.
* If ARIN is or you are prevented from performing or unable to perform any
obligation under these Terms due to any cause beyond the reasonable control
of the party invoking this provision, the affected party’s performance will
be extended for the period of delay or inability to perform due to such
occurrence.
USING WHOIS
* Whois/Registration Data Access Protocol (RDAP)
* Reporting a Whois Inaccuracy
* Whois-RWS
* Whois Terms of Use
RELATED
* Using Whois
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* Privacy Policy
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* Standards of Behavior
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