Contents:

1 General provisions
2 Limitations and restrictions
     2.1 Information usage restrictions
     2.2 User activity restrictions
     2.3 Technical restrictions
3 Qualifying the user's activity and determining applicable sanctions
4 WHOIS access restrictions removal
     4.1 Automatic restrictions removal
     4.2 Restrictions removal on user's request
5 Final provisions

1. General provisions

These flexireg WHOIS Terms of Use (hereinafter referred to as the “Terms of Use”) set out terms and conditions of usage of the public reference WHOIS lookup service (“WHOIS service”) for the domain registries maintained in flexireg system.

The WHOIS service can be accessed via port 43 (in accordance with RFC 3912) and via web interface at www.flexireg.net. Requirements of these Terms of Use are applicable to both access methods.

2. Limitations and restrictions

When using WHOIS Service, users shall comply with information usage restrictions, user activity restrictions, and technical restrictions.

2.1 Information usage restrictions

The WHOIS service is provided for information purposes only and may be used solely to obtain information about domain names, registrars, and/or DNS servers. By using WHOIS service, the user agrees:

• to use obtained data solely for legal purposes;
• not to use obtained data to allow, enable, or otherwise support the transmission of any unsolicited communications (spam) by email, phone, or fax;
• not to perform bulk information retrieval in excess of permitted limits specified in Clause 2.3 hereof.

The user may not:

• alter any information obtained via the WHOIS service in the event of its dissemination for information purposes;
• use obtained information for its further distribution for commercial purposes.

2.2 User activity restrictions

When using the WHOIS service, the user may not engage in activities that could result in:

• disrupting the operation of flexireg’s equipment and network;
• disrupting the provision of the service or limiting the possibility for other Internet users to use this service;
• unauthorized access to flexireg’s data-processing and networking resources;
• inflicting, or threatening to inflict, a loss to other users and/or any third parties;
• deceits of third parties about the original source of the information.

2.3 Technical restrictions

A single IP address is allowed to send no more than 20 queries per 10 seconds to the WHOIS service. If the number of queries sent from a single IP address in the span of 10 seconds exceeds the aforementioned quota, the access to the WHOIS service will be forbidden.

No increase in the frequency of queries on a user’s request shall be performed.

3. Qualifying the user's activity and determining applicable sanctions

Foundation for Assistance for Internet Technologies and Infrastructure Development has the sole discretion to qualify the user’s activity either as falling or not falling under the effect of limitations and restrictions set forth in Clause 2 hereof.

Any violation of technical restrictions described in Clause 2.3 hereof is monitored automatically.

Users who have violated these Terms of Use may become subject of the following sanctions:

• Denial of the service provision;
• Introduction of special technical restrictions preventing further violation of these Terms of Use.

The sanctions are applied without any special notice to, consent by, and/or notification of the user, and they can be either recurring or non-recurring. The sanctions can be applied to the individual IP addresses, groups of IP addresses, and/or subnetworks, and they can be applied directly both to the violator and the network wherein that user operates, as well as to any networks and other systems via which the action has been performed in violation of the requirements of these Terms of Use.

4. WHOIS access restrictions removal

4.1. Automatic restrictions removal

Where access to the WHOIS service has been terminated pursuant to Clause 2.3 hereof, the ban on the access may be lifted automatically in no more than 24 (twenty-four) hours.

Where a systematic violation of the technical restrictions stipulated in Clause 2.3 hereof has occurred, automatic removal of WHOIS access restrictions could be blocked.

4.2. Restrictions removal at user's request

To remove the ban on access to the WHOIS service (except for instances of automatic removal set forth in Clause 4.1 hereof), the user shall send an email request at tech.contact@faitid.org. The request shall contain the following information:

• IP address/addresses for which access to the service was terminated;
• A list of measures the user has undertaken to remedy violations that resulted in termination of the service delivery.

5. Final provisions

Foundation for Assistance for Internet Technologies and Infrastructure Development reserves the right to amend these Terms of Use without any special notice to the service users.