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RegistrarStats.com Terms of Service Agreement


This Terms of Service Agreement ("Agreement") between you (“you” or “your”) and RegistrarStats.com (“we”, “us” or “our”) sets forth the terms and conditions of your use of our comprehensive tools for researching registries, registrars, domain names, IP addresses and more, including but not limited to all information, data, documents, content, materials, graphics, logos, API code and software (the “Materials”).

Your use of the RegistrarStats.com site (“Site”) and any Materials is made available to you for your personal, non-commercial use and subject to the terms and conditions of this Agreement. The Site and Materials are collectively referred to herein as the “Services”.

BY USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, DO NOT USE THE SITE.

  • 1. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendment by us or applicable law that may not be reflected in the text of this Agreement. Before any material changes to this Agreement become binding on you (other than changes resulting from regulations or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record or alerting you of changes by posting notification on the Site. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedy is to terminate your use of the Site. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) 30 days after we notify you of the change, or (2) immediately if such change is a result of a new or amended regulation or applicable law.

  • 2. YOUR ACCOUNT: Access to the Site and some of our Materials may be without charge and/or without requiring prior registration. That does not alter the binding effect of this Agreement. Other portions of the Site and some of our Materials are available to you only if you create an account ("Account") and pay the applicable subscription fees to access certain sections of the Site or some of our Materials (“Fees”). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.

  • a. ACCOUNT CONTACT INFORMATION:

  • a) You must provide certain current, complete and accurate information about you with respect to your Account information. You must maintain and update this information as needed to keep it current, complete and accurate. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining access to the Services.

  • b. OBLIGATIONS RELATING TO THE ACCOUNT:

  • a) Authorized access and use of an account is limited to the named account holder only. Third party access to the Services is strictly prohibited and my result in immediate termination of the account without refund of any prepaid fees.

  • b) If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.

  • c) You represent and warrant that you will not access the Site or use the Materials for any unlawful purpose, including but not limited to the infringement of any intellectual property right, any misuse of Whois data, the unauthorized reproduction or duplication by yourself or any other party of any portion of the Site or Materials, or the violation of any laws, rules, or regulations (the "Illegal Uses"). Engaging in any Illegal Uses will constitute an incurable material breach of this Agreement.

  • d) You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to receive access to the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.

  • c. USE OF FREE SERVICES: We may provide Services for which we do not charge an additional fee ("Free Services"). We may discontinue any Free Services at any time with or without providing you prior notice.

  • 3. USE OF THE SITE AND MATERIALS: The Services may be used solely for informational, personal, non-commercial purposes. You are not authorized or allowed to distribute, republish, sell or otherwise use or make the Services available to others without express, written consent from us.

  • 4. INTELLECTUAL PROPERTY: The Services are property of us, our affiliates, advertisers or licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws in the United States and internationally. Certain names, products or services that may be mentioned on the Site may be the trademarks of their respective owners. All rights are reserved.

  • 5. LIQUIDATED DAMAGES FOR UNAUTHORIZED USE: You hereby agree to pay liquidated damages to us in the amount of one hundred thousand dollars (US$100,000) for any non-personal or commercial use of the Services, including without limitation any unauthorized sharing with individuals or groups. In addition, should we incur any attorneys’ fees or other costs in collecting and/or enforcing this liquidated damages provision, you agree to reimburse us for all such fees and costs. The parties acknowledge that the liquidated damages set forth above are reasonable in amount, that actual damages would be extremely difficult or impractical to determine and that any dispute or potential dispute over actual damages would be disruptive to the businesses of the parties so that it is in both parties’ best interest to have determined the amount of such reasonable liquidated damages.

  • 6. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:

  • a. We may terminate or suspend your access to the Services at any time for cause, which, without limitation, includes (i) abuse of the Services, (ii) payment irregularities, (iii) allegations of illegal conduct, (iv) failure to keep your Account accurate and up to date, or (v) if your use of the Services violates any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation of any copyright.

  • b. At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email. Additionally, we may terminate the Services at any time if we are required to do so by law (for example, where the provisioning of the Site, or Materials to you is, or becomes, unlawful). If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.

  • 7. FEES: You agree to pay, prior to the effectiveness of the desired Services, the applicable Fees as communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes. All fees are non-refundable, in whole or in part, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

  • 8. PAYMENT ISSUES: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we may suspend access to any and all Accounts you have with us. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee. If you have an issue with credit card or other payment charges, you should contact us regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.

  • 9. THIRD PARTY WEB SITES: The Site may contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Our Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.

  • 10. DISCLAIMER; LIMITATION ON WARRANTIES; LIMITATION OF LIABILITY:

  • a) THE SERVICES AND ANY INFORMATION AND DATA CONTAINED ON THIS SITE IS FOR INFORMATIONAL AND REFERENCE PURPOSES ONLY, MAY NOT BE APPLICABLE TO YOUR SITUATION, AND MAY CONTAIN INACCURACIES, MISSTATEMENTS, OMISSIONS AND/OR TYPOGRAPHICAL ERRORS AND MAY BE INCOMPLETE. WE MAY MAKE CHANGES IN, IMPROVEMENTS ON AND/OR UPDATES TO, THE SERVICES, INFORMATION OR DATA CONTAINED ON THIS SITE, INCLUDING THE CONTENT AND STATISTICS PROVIDED THEREIN AND THE PRESENTATION THEREOF, IN ALL CASES AT ANY TIME WITHOUT NOTICE. WE ARE NOT UNDER ANY OBLIGATION TO UPDATE THE SERVICES, INFORMATION OR DATA CONTAINED ON THIS SITE, AND THE SERVICES, INFORMATION AND DATA CONTAINED ON THE SITE SHOULD ONLY BE CONSIDERED CURRENT AS OF THE DATE ON WHICH IT IS ORIGINALLY POSTED ON OR PUBLISHED TO THE SITE.

  • b) ALL SERVICES, INFORMATION OR DATA CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF THE SERVICES, INFORMATION OR DATA, THE CURRENT OR TOPICAL NATURE OF THE SERVICES, INFORMATION OR DATA, ITS SUITABILITY FOR ANY PARTICULAR PURPOSE, THE VALIDITY OF SUCH INFORMATION OR DATA, VALID TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, INFORMATION OR DATA CONTAINED ON THIS SITE. AS TO DOCUMENTS, STATISTICS AND GRAPHICS PUBLISHED ON THIS SITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE CONTENTS OF SUCH DOCUMENTS, STATISTICS OR GRAPHICS ARE FREE FROM ERRORS OR SUITABLE FOR ANY PURPOSE; OR THAT IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS, PATENTS OR OTHER RIGHTS. NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  • c) IN NO EVENT SHALL WE BE LIABLE TO ANY PARTY, AND HEREBY DISCLAIM RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (COMMERCIAL, MONETARY OR OTHERWISE), LOSSES, INJURIES OR HARM RESULTING FROM ANY USE OF, OR RELYING UPON, ANY SERVICES, INFORMATION OR DATA CONTAINED ON THIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, OR FOR ANY ERRORS, OMISSIONS, MISSTATEMENTS OR DELAYS IN UPDATING ANY INFORMATION OR DATA CONTAINED ON THIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE. ALL LINKS ARE FOR INFORMATIONAL OR REFERENCE PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE.

  • 11. INDEMNITY: You hereby release, indemnify, and hold us and our affiliates harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement by you, or by anyone else using the Services, of any intellectual property or other proprietary right of any person or entity. We may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you. This indemnification is in addition to any indemnification set forth elsewhere in this Agreement.

  • 12. REPRESENTATIONS AND WARRANTIES: THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18 YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE.

  • 13. GOVERNING LAW AND JURISDICTION FOR DISPUTES:

  • a. The Services are controlled by us from our offices within the United States of America and are directed to U.S. users. If you choose to access the Services from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Services in violation of U.S. export laws and regulations or this Agreement.

  • b. Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington.

  • c. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This paragraph shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account.

  • 14. NOTICES: Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the information you have provided, if applicable.

  • 15. GENERAL: This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Services hereunder. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. The parties hereby incorporate the requirements of CFR 60-1.4(a), 300.5 (a) and 741.5, if applicable. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.


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