Tucows's Contract? How does this work?
Date: Wednesday September 11 2002, @02:29AM
Topic: Registrars

ALX writes "When one does a WHOIS search of a particular URL (searched through Dotster.com's WHOIS service) that originates with Tucows, in my case it was www.free4pornlovers.com which I received in a SPAM message, you get the WHOIS information, followed by this wonderful agreement/terms of use (see below) which leave a whole lot to be desired. How does this work?"

They're providing me with the terms of use AFTER they've provided the information. Then, they top it all off by reserving the right to terminate your access to the Tucows WHOIS database for "excessive querying" or "failure to otherwise abide by this policy." While the terminology is wonderful, I'm not exactly sure of 1) what "excessive" means; 2) what would constitute "failure to otherwise abide by this policy"; and 3) how they will terminate my access if I commit either of the first 2 so-called violations. Who drafted this thing, and does it conform with ICANN? Isn't WHOIS data supposed to be public information? Are Tucows' "terms" valid, even though they provide notice of vague terms after-the-fact? Is this legal?

"The Data in the Tucows Registrar WHOIS database is provided to you by Tucows for information purposes only, and may be used to assist you in obtaining information about or related to a domain name's registration record.

Tucows makes this information available "as is," and does not guarantee its accuracy.

By submitting a WHOIS query, you agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to: a) allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass, unsolicited, commercial advertising or solicitations to entities other than the data recipient's own existing customers; or (b) enable high volume, automated, electronic processes that send queries or data to the systems of any Registry Operator or ICANN-Accredited registrar, except as reasonably necessary to register domain names or modify existing registrations.

The compilation, repackaging, dissemination or other use of this Data is expressly prohibited without the prior written consent of Tucows.

Tucows reserves the right to terminate your access to the Tucows WHOIS database in its sole discretion, including without limitation, for excessive querying of the WHOIS database or for failure to otherwise abide by this policy.

Tucows reserves the right to modify these terms at any time.

By submitting this query, you agree to abide by these terms.

NOTE: THE WHOIS DATABASE IS A CONTACT DATABASE ONLY. LACK OF A DOMAIN RECORD DOES NOT SIGNIFY DOMAIN AVAILABILITY."

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Re: Tucows's Contract? How does this work?
by fnord (groy2kNO@SPAMyahoo.com) on Wednesday September 11 2002, @06:03AM (#9154)
User #2810 Info
As already noted by others this isn't unique to TuCows, and using a direct tool I've been kicked off the likes of .mil for excessive queries, I think I was up to 5. -g
[ Reply to This | Parent ]
Re: Tucows's Contract? How does this work?
by fnord (groy2kNO@SPAMyahoo.com) on Wednesday September 11 2002, @12:35PM (#9177)
User #2810 Info
I didn't know that AOL dialup or broadband assign you a unique address with each query. Please tell us more. -g
[ Reply to This | Parent ]
Re: Tucows's Contract? How does this work?
by fnord (groy2kNO@SPAMyahoo.com) on Thursday September 12 2002, @06:48AM (#9196)
User #2810 Info
What about Register.com vs Verio? -g
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  • This article comes from ICANNWatch
    http://www.icannwatch.org/

    The URL for this story is:
    http://www.icannwatch.org/article.pl?sid=02/09/11/062946