WhitePages Pro API Test Account Terms of Use

WhitePages, Inc. Pro API Test Account Terms of Use, last updated on May 24th, 2011

The following API terms of use (the “Agreement”) set forth the standard terms pursuant to which WhitePages, Inc. (the “Company”) makes available to you its Pro application protocol interface Test Account (the “API”).

BY SUBMITTING AN APPLICATION, YOU (AND THE ORGANIZATION THAT YOU REPRESENT, IF ANY) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE API.

1. SERVICE.

1.1. License.

(a) Granted To You. The API is an application that allows you to interface with the Company’s database to access and view residential, business, and government listings (the “Data”). Under and subject to the terms of this Agreement, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, limited license to: (i) implement the API in your application so that it (your application) can access and query the Data, and (ii) display the Data to consumers for their own personal use. In other words, you may develop, distribute, or host an application (e.g., a web site, mobile device application, personal computer application) that is designed to access and query the Data solely via the API. This license is without the right to sub-license.

(b) Granted To End Users. By way of a separate license, the Company grants consumers who utilize your application (the “End Users”) a revocable, non-exclusive, non-transferable, non-assignable, limited license to access and use the API and the Data (the “Service”) for their own personal use. This license is also without the right to sub-license.

(c) Reservation of Rights. Any rights not expressly granted in this Agreement are reserved by the Company.

1.2. General Requirements and Restrictions. The above license is subject to the following general restrictions:

(a) you shall not submit any false or misleading information in your application to access and use the Service;

(b) any application you develop utilizing the API shall be designed to access and use the Data only as allowed by this Agreement;

(c) you may not develop an application using the API that provides a calling party name to a called party for display on the device receiving the call (e.g., land-line telephone, mobile telephone, computer or personal navigation device) by automatically (i.e., without human intervention) comparing the telephone number of the calling party with the Data during the communication session initiated by the calling party (for purposes of clarification, the foregoing language does not prohibit you from developing an application using the API that allows reverse phone lookups, whereby an End User manually inputs a telephone number to retrieve the information associated with that telephone number); 

(d) you shall not access or attempt to access the Company’s database other than through the API;

(e) you shall not falsify or alter any unique identifier (e.g., API Key (defined below)) in, or assigned to, your application, or otherwise obscure or alter the source of queries coming from your application;

(f) if requested by the Company, you shall provide instructions on how the Company can access any application you have developed utilizing the Service;

(g) if you implement the API on a restricted web site, you shall provide the Company with a log-in name and password that will allow the Company to access the web site;

(h) you shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service, other than as provided in this Agreement;

(i) you shall not violate or attempt to violate the security of the Service (e.g., accessing a server or account you do not have authorization for; attempting to test, scan, probe, or hack the vulnerability of the API or any network used by the API; attempting to circumvent any authentication measures; overload, flooding, or pinging the API);

(j) you shall not transit or otherwise make available any material that contains software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others;

(k) you shall not use the Service in a manner that, in the Company’s sole reasonable discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply with or is inconsistent with this Agreement;

(l) you shall communicate the End User terms in Section 1.5 to End Users and shall obtain their agreement to such terms via a click-wrap or browse-wrap agreement;

(m) the click-wrap or browse-wrap agreement between you and any End User shall specifically state that the Company:(i) is a third party beneficiary of the agreement; and (ii) shall have the right to enforce the terms of the agreement;

(n) you shall not use the Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;

(o) you shall not use the Service in any manner that exposes the Company to any harm or liability of any nature;

(p) you shall not make any representations or warranties about the Service to any third party; and

(q) you shall not use the Service in violation of any federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the Company to violate any such laws, rules, or regulations.

1.3 Data-Related Restrictions. The above license is subject to the following restrictions regarding the Data:

(a) you may only present the Data in response to an individual query – you may not present the Data in bulk format;

(b) you shall not retain or store any Data for any reason;

(c) you shall not aggregate or otherwise combine Data from individual queries for any reason;

(d) you may only provide the Data to End Users on an “as is” basis and pursuant to the terms of this Agreement;

(e) you shall not use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Data, or permit any third party to do the same; and

(f) you shall not present the Data so that it appears to be derived from a third-party web site.

1.4 Technical Restrictions.

(a) Calls Per Day. Your use of the Service is limited to one hundred (100) calls to the API per day. If you exceed this per-day limit, the API will temporarily stop working for you. If you exceed the limit on more than one (1) occasion, your access to and use of the Service may be permanently terminated. If you would like to request an increased volume of API calls for your API Key, please send your request (including your contact information and description of intended use) to API-Applications@whitepages.com. The Company reserves the right to change the call per day limit at any time in its sole discretion.

(b) Throttle Rate. The rate at which the API may be called (the “Throttle Rate”) has been set at two (2) API calls per second. You will not attempt to circumvent any technical measures we may put in place to enforce the Throttle Rate. The Company reserves the right to change the Throttle Rate at any time in its sole discretion.

1.5 End User Terms. The following terms (the “End User Terms”) must be clearly and unambiguously communicated to, and agreed to by, End Users:

(a) License. By using this application to obtain the Data from the Company’s database, End Users are entering into an agreement the Company governing their use of the Data. End Users may only use the Data for their own personal use, and may not:

(i) publish, offer, sell, license, transmit, distribute, reproduce, or modify the Data in any manner;

(ii) retain or store any carrier, city or state Data that is returned as a partial result;

(iii) retain or store any Data in bulk for any reason;

(iv) aggregate retained or stored Data for any reason;

(v) use the Data for marketing purposes;

(vi) use the Data in any manner related to credit granting, credit monitoring, account review, insurance underwriting, employment, or any other purpose covered by the Fair Credit Reporting Act;

(vii) use the Data as a derivative database to verify, confirm, enhance, audit, update, or development any files, products, or databases owned, licensed, or marketed by other companies;

(viii) use the Data for the routing of telephone calls;

(ix) use the Data as part of a CD-ROM disc or other stand-alone product;

(x) use the Data in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;

(xi) use the Data in any manner that exposes the Company to any harm or liability of any nature; and

(xii) use the Data in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.

(b) The Data. The Data may be changed, updated, or deleted without notice at any time and for any reason.

(c) The API. End Users may only use the API solely as necessary to obtain the Data from the Company’s database in accordance with these End User Terms.

(d) Trademarks. End Users are not granted any license in connection with the Company’s trade names, logos, and other trademarks and service marks, and may not copy, reproduce, publish, or display them.

(e) Termination. In the event that you lose the rights licensed by the Company under this Agreement, End Users will no longer be able to obtain the Data from the Company’s database via your application; however, they may continue to use the Data that they have retained or stored.

(f) Privacy. End Users shall comply with Company’s Privacy Policy available at https://pro.lookup.whitepages.com/privacy.

(g) Representations. End Users represent and warrant that they have the authority to enter into an agreement with the Company governing their use of the Data and that they will comply with these End User Terms.

(h) Disclaimer of Warranties. The Data is provided to End Users on an “as is” basis without warranties of any kind.

(i) Limitation on Liability. The Company will not be liable to End Users in any manner in connection with their use of the Data.

(j) Indemnification. End Users shall indemnify, defend, and hold harmless the Company from and against all claims, actions, and judgments arising out of their use of the Data.

(k) Third Party Beneficiary. The Company shall be a third party beneficiary of any agreement between you and any End User, and shall have the right to enforce the terms of any such agreement.

1.6 Privacy. Your access to and use of the Service is subject to the practices set forth in the Company’s Privacy Policy available at . You are responsible for communicating these requirements as well as your own requirements to End Users.

1.7 API Key. After receipt of your application for access to the Service, you will be assigned a unique key that is associated with your WhitePages Pro API Test Account (the “API Key”). The API Key enables your application to access and use the Service on a nonexclusive basis. All calls to the API made by your application must include your API Key. You must keep you API Key confidential and you may not share it with any third party. You will use only a single Mashery.com account to request an API Key from the Company. You are solely and entirely responsible for all uses of the Service occurring under your API Key. The Company will only issue one (1) API Key per developer or organization.

1.8 Violations. If you become aware of a breach of any part of this Agreement by you or any End User, you shall take prompt commercially reasonable actions to remedy such violation. Further, you shall notify the Company of such violation via API-Legal@whitepages.com.

1.9 Fee for Use. At this time, the Service is offered and provided without charge; however, the Company reserves the right to implement a fee and payment terms for use at any time in its sole discretion. In the event that the Company elects to charge a fee for the Service, you will not be charged for the Service unless we obtain your prior agreement to pay such charges. You may elect to stop using the service rather than incur fees.

1.10 The Data. The Data accessible via the API may be changed, updated, or deleted without notice for any reason in the Company’s sole discretion. You acknowledge and agree that the Company may include “dummy information” in the Data that does not relate to any actual person or entity, for the purposes of allowing the Company to monitor compliance with this Agreement. The Data may also include advertising for the Company or third parties.

1.11 Future Versions. The Company reserves the right to release subsequent versions of the Service and to require you to obtain and use the most recent version.

1.12 Availability/Support. The Company may, in its sole discretion, use commercially reasonable efforts to provide the Service to you twenty-four (24) hours a day, seven (7) days a week subject to normal maintenance downtimes, but it shall not be responsible for any disruption of the Service, regardless of length. Furthermore, the Company shall not be liable for losses or damages you may incur due to any errors or omissions in the Data, or due to your inability to access the Data due to disruption of the Service. Your sole remedy for breach of this section shall be to terminate the Agreement.

1.13 Featured Application. The Company may feature applications on http://developer.whitepages.com. At its sole discretion, the Company may select your application for featuring, in which case the posted content may include: (i) your name or the name of the entity you represent; (ii) your trade names, logos, trademarks, or service marks, or the trade names, logos, trademarks, or service marks of the entity that you represent; (iii) a screen shot of your application; (iv) a short text description; and (v) a link to your application’s web site. If your application is selected, you grant the Company a non-exclusive, worldwide, royalty-free limited license to use, copy, reproduce, publish, and distribute the content described above (including any trade names, logos, trademarks, or service marks) for purposes of featuring your application.

2. BRANDING.

2.1 Attribution/Links.

(a) Linked Logo. You agree that on each web page or application window that displays Data to End Users, you shall display and link the Powered by WhitePages.com logo per the instructions available at <http://developer.whitepages.com/page/attribution>, and include a link to <www.whitepages.com>.

(b) Links in Results. Responses to API calls will include at least one (1) hypertext link to <www.whitepages.com>. You agree to serve at least one (1) of these links with the Data to End Users.

2.2 Trademarks.

(a) License. The Data may include the trade names, logos, and other trademarks and services marks of the Company (collectively, “Trademarks”). In connection with the inclusion of the Trademarks in the Data, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, limited license to display the Trademarks for purposes of promoting the Company’s ownership and provision of the Data. The Trademarks are the property of the Company, and you shall not, by virtue of this Agreement, obtain or claim any right, title, or interest to or in the Trademarks, except the right to display as specified herein.

(b) Restrictions. The above license to display the Trademarks is subject to the following restrictions. You may not:

(i) display a Trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by the Company (other than your involvement with the Service), or could reasonably be interpreted to suggest editorial content has been authored by, or represents the views or opinions of the Company or Company personnel;

(ii) display a Trademark on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to under-aged persons;

(iii) display a Trademark as the most prominent logo or element on a web site;

(iv) display a Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to the Company in its sole discretion;

(v) display a Trademark in connection with any violation of law or regulation;

(vi) use the Trademarks to disparage the Company or its services; or(vii) remove, modify, obscure or alter these Trademarks.

You understand and agree that the Company has the sole discretion to determine whether your use of the Trademarks is in compliance with the above restrictions. If the Company determines that your use is not in compliance, it may issue instructions as to how to bring you use into compliance. You agree to promptly comply with these instructions or cease your use of the Service.

3. TERM AND TERMINATION.

3.1 Term. The term of this Agreement (the “Term”) shall commence on the date upon which your API Key is issued and shall continue in full force and effect until terminated herein.

3.2 Suspension/Termination. The Company may suspend, or terminate all or any aspect of the Service, including use of Company Trademarks, at any time. The Company may suspend or terminate your access to and use of the Service at any time for any reason. You may terminate this Agreement, at any time for any reason, by ceasing to use the Service and the Trademarks, removing the implementation of the API from your application, and deleting all copies of the Trademarks. In the event of termination of the Service, your access and use of the Service, or this Agreement, all licenses shall immediately terminate, you shall remove the API from your application, and End Users may no longer make use of the Data. Section 5 and 6 shall survive the termination of this agreement.

3.3 Agreement Modifications. You hereby agree that the Company may change, revise, or modify this Agreement at any time in its sole discretion, and that you will review this Agreement on a regular basis. The Company will provide advance notice of changes by posting information on this web page and changing the “lasted updated” date above. Your continued use of the Service seven (7) days after notice of changes has been given shall constitute your acceptance of the revised terms. If you do not agree to the changes, you may terminate this Agreement by discontinuing use of the Service.

4. NOTICES.

4.1 To You. In connection with your application, you must submit a working e-mail address. You hereby agree that we may deliver notices to you via that e-mail address. Notices delivered via e-mail shall be deemed given and received on the transmission date of the e-mail. We may also provide certain notices to you by posting information on .

4.2 To the Company. In the event that you need to communicate with the Company, notices should be sent to API-Legal@whitepages.com.

5. REPRESENTATIONS/DISCLAIMER.

5.1 Representations. You represent and warrant to the Company that::

(a) you are authorized to enter into this Agreement in your individual capacity or on behalf of the entity you represent;

(b) entry into this Agreement shall not violate any outstanding obligation you have to any third party;

(c) you shall use the Service strictly in accordance with the limitations set forth in this Agreement;

(d) you have provided accurate registration information;

(e) you will ensure that the End Users receive and agree to the End User terms set forth in Section 1.5, and comply with their requirements; and

(f) the Company shall be a third party beneficiary (with enforcement rights) of any agreement between you and any End User.

5.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ANY DATA MADE AVAILABLE BY IT, INLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU IS ADVISED OF THE PURPOSE), WARRANTIES AGAINST INTELLECTUAL PROPERTY AND OTHER INFRINGEMENT AND THE IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE. THE COMPANY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS PROVIDED BY THE COMPANY AND ANY OTHER INFORMATION TECHNOLOGY, CONTENT, PRODUCTS OR SERVICES PROVIDED BY THE COMPANY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. MISCELLANEOUS.

6.1 Confidentiality. You shall not reveal to third parties any material non-public information learned by you in the course of utilizing the Service, including, but not limited to, the terms of this Agreement other than as specified herein.

6.2 Limitation on Liability. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE OR MALFUNCTIONS IN THE SERVICE, INACCURACY OR INCOMPLETENESS OF THE UNDERLYING DATA; (B) THE COST OF PROCURING SUBSTITUTE SERVICES; (C) ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6.3 Indemnification. You shall indemnify, defend and hold harmless the Company and any of their officers, affiliates, directors, shareholders, employees and agents, from and against any and all loss, costs damage assessments, injuries, expenses (including but not limited to reasonable attorneys’ fees and costs), claims and liabilities arising out of or incurred due to your: (i) breach of this Agreement, (ii) use or misuse of the Service, (iii) negligence, misconduct, misrepresentation to End Users, and (iv) failure to abide by the restrictions set forth herein. You shall not, without the prior written consent of the Company, settle, compromise or consent to the entry of any judgment that could impose any liability or obligation upon the Company. If the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; and failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of any indemnified claim, with counsel of the Company’s choice at your expense.

6.4 Waiver. The Company shall not be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Company, and then only to the extent specifically set forth in such writing. A waiver with reference to a particular event shall not be construed as a continuing waiver of any right or remedy as to a subsequent event.

6.5 Severability. If the application of any provision or provisions of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by any court of competent jurisdiction, then: (i) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (ii) such provision or provisions shall be reformed without further action by the parties hereto and only to the extent necessary to make such provision or provisions valid and enforceable when applied to such particular facts and circumstances.

6.6 Governing Law/Venue. This Agreement will be governed by and interpreted in accordance with the applicable U.S. federal law and the laws of the State of Washington without regard to choice of law provisions. Each party hereto: (i) consents to and waives any objections to personal jurisdiction, service of process, and venue in the state and federal courts located in King County, Washington, and (ii) agrees that any action or proceeding arising out of or related to this Agreement will be filed and prosecuted only the aforementioned courts. The most prevailing party in any legal action relate to this Agreement shall be entitled to its reasonable attorneys’ fees. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you against the Company and arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

6.7 Independent Contractors. The Company and you are independent contractors under this Agreement, and nothing herein will be construed to create a partnership, joint venture, franchise or agency relationship between the Company and you. Neither party has any authority to enter into an agreement of any kind on behalf of the other party.

6.8 No Third Party Beneficiaries. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise.

6.9 Force Majeure. The Company will not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Service, resulting directly or indirectly from acts of nature, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond each party’s reasonable control.

6.10 Assignment. You may not assign, delegate, or transfer its rights and obligations under this Agreement to any third party (including but not limited to a successor-in-interest, or pursuant to a sale, merger, or other corporate transaction) without the express prior written consent of the Company. You acknowledge that the Company may assign this Agreement without your consent. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and shall be enforceable by the parties hereto and their respective successors and assigns.

6.11 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understanding, express or implied or written, among the parties.