Terms and conditions for TCPIPUtils API

Last updated on 12 October 2016. You can print or save this document as PDF file here.

Webdevmedia offers an application programming interface (API) for the use of TCPIPUtils in an automated manner. Using the API you can receive data using the TCPIPUtils service from Webdevmedia.

Use is subject to the below terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Webdevmedia.

Article 1. Access to the API

1.1 The API is available for use by registered users. After you have completed your registration, you can login to your account and use the service.

1.2 You must secure access to your API key against third parties. In particular you must keep your API key strictly confidential. Webdevmedia may assume that all actions undertaken with your API key is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Webdevmedia that someone else knows your API key.

Article 2. Grant of permission

2.1 For as long as you adhere to all terms and conditions of this document, Webdevmedia hereby grants you permission to use the API for your websites, applications and other services.

2.2 It is forbidden to use the API for acts that would violate a person's privacy or relevant data protection law, any purpose in a context of racist or discriminatory content, any use in a context of erotic or pornographic content (even if legal), any use in a context encouraging hacking, cybercrime and the like, as well as any other activity that is in violation of Dutch or other applicable laws and regulations. In particular, you may never use TCPIPUtils API to allow, enable, or otherwise support any marketing activities, regardless of the medium used (including, but not limited to, e-mail, telephone and postal mail).

2.3 You agree that you will not use any data accessed through the API in a manner in violation of any terms or conditions set forth by the third party source of the data. Sources of the data made available through the service are listed in the API documentation available in the member section of the website (http://www.tcpiputils.com/download/apidoc.pdf).

2.4 Use of the API must be fair to other users ('fair use policy'). In particular your use should not deviate in an extreme manner from the average. In addition Webdevmedia can temporarily limit or suspend the API in case of maintenance, disruptions or abuse.

2.5 Data obtained by the API service may only be used immediately upon receiving on your websites, applications and other services. You are not allowed to copy, print, distribute, reproduce or sell the data. You will not permit your visitors or end users to access the data in bulk.

2.6 Data obtained by the API service may be stored for a period up to 24 hours (caching), provided that it is necessary to avoid additional API calls. Webdevmedia is however not liable if you present your users or visitors with outdated data. You must take all measures in your power to ensure a visitor or end user cannot copy data obtained using the API (except where the copy is technically unavoidable).

2.7 You are free to present the data obtained using the API at your own discretion and using your own layout on websites, applications and other services under your control.

2.8 It is not permitted to include the name and/or logo of Webdevmedia in connection with any presentation of data obtained from the API. In any event is it is strictly forbidden to use the name or logo of Webdevmedia to create the impression you are part of Webdevmedia or have a special status or relationship with Webdevmedia.

2.9 Should Webdevmedia discover that you violate any of the above, or receive a valid complaint alleging the same, Webdevmedia will issue a warning. For repeat offenses Webdevmedia may limit or suspend your access to the API until the violation has been ended. In urgent or serious cases Webdevmedia may intervene without warning.

2.10 Webdevmedia may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Webdevmedia from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1 Webdevmedia uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

3.2 Webdevmedia actively maintains the TCPIPUtils API. In case maintenance is reasonably expected to negatively impact availability, Webdevmedia carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

3.3 Webdevmedia may from time to time adapt TCPIPUtils API and the API definition. Your feedback and suggestions are welcome but ultimately Webdevmedia decides which adaptations to carry out (or not). Webdevmedia shall announce planned adaptations at least thirty days in advance.

3.4 Webdevmedia is available for a reasonable level of support for using the API through the website and/or e-mail (or other channels notified to you). Webdevmedia however does not guarantee that all problems or requests raised by you can be processed or solved.

Article 4. Intellectual property

4.1 The service TCPIPUtils API (excluding the data served), tools, the accompanying software as well as all service documentation and images on the website is the intellectual property of Webdevmedia. None of these items may be copied or used without prior written permission of Webdevmedia, except and to the extent permitted by mandatory law.

4.2 All data provided by TCPIPUtils API is gathered using public third party sources such as blocklists and DNS records. We claim no intellectual property rights over the data. Data available through the service may be protected by third parties copyrights, trademarks, patents, or other proprietary rights and laws, all of which are the property of their respective owners. Sources of the data made available through the service are listed in the API documentation available in the member section of the website (http://www.tcpiputils.com/download/apidoc.pdf). You agree to use any data provided via the service solely in a manner consistent with the license and any restrictions provided by the applicable source.

4.3 Data you store or process using the service is and remains your property (or the property of your suppliers or licensors). Webdevmedia receives an unlimited license for the use of this information, including the right to sell (sublicense) the information to third parties, the right to use this information for other services of Webdevmedia and the right to modify and/or delete the information.

4.4 If you send information to Webdevmedia, for example a bug report or suggestion for improvement, you grant Webdevmedia a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.5 Webdevmedia shall not store or access any data which you access or transfer using TCPIPUtils API, except to the extent necessary to deliver the agreed service or support, and unless Webdevmedia is forced to do so by law or order of competent authority. In these cases Webdevmedia shall use its best efforts to limit access to the information as much as possible and notify you as soon as reasonably possible, and permitted, of the law or order regarding the access. You agree and understand that in order to deliver the service, it may be necessary to transmit your queries to the third party database sources. In order to protect your privacy while using the service, we attempt to ensure that the sources cannot link your queries to you.

Article 5. Compensation for API access

5.1 Access to the API requires payment of a fee per call. The fee is measured in terms of API credits. API credits need to be purchased in advance.

5.2 Payment is possible by credit card, by PayPal money transfer, or as explained further on the website.

5.3 API credits are valid for 12 months.

5.4 Webdevmedia measurement of your use of the API credits is final.

5.5 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of Webdevmedia shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2 Webdevmedia in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3 Damages may only be claimed if reported in writing to Webdevmedia at most two months after discovery.

6.4 In case of force majeure Webdevmedia is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

6.5 All data provided by TCPIPUtils API is gathered using automated means from public third party sources such as blocklists and DNS records. Although Webdevmedia takes steps to ensure all data provided is accurate and recent, Webdevmedia cannot guarantee the accuracy, completeness, condition or availability of any data provided by TCPIPUtils API. Webdevmedia will in no event be held liable for any errors or omissions contained in the data provided by its services.

6.6 Webdevmedia is in no event liable for any damages whatsoever that hold connection or are related to the data and functions published by Webdevmedia or by use of the TCPIPUtils API service. You indemnify and hold harmless Webdevmedia against all other claims by third parties.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you purchase API credits and then remains in force for one year. You may terminate your membership and/or stop using the service at any time.

7.2 After this period the agreement is terminated and remaining API credits are withdrawn.

7.3 Please note: it is not possible to export data you store or process using the service.

Article 8. Changes to terms

8.1 Webdevmedia may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5).

8.2 Webdevmedia shall announce through the service changes or additions at least thirty days before their taking effect.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of TCPIPUtils API after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with TCPIPUtils API shall be brought before the competent Dutch court for the principal place of business of Webdevmedia.

9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by Webdevmedia shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 Webdevmedia is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of TCPIPUtils API or the associated business activities.

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