Acceptable Use Policy (AUP)

SHINJIRU TECHNOLOGY SDN BHD (hereinafter referred to as "SHINJIRU") is committed to providing services at a standard of excellence by combining the best practices in the industry. This policy covers prohibited activities on all servers in SHINJIRU network, including but not limited to Shared Hosting, Cloud Hosting and services, VPS, Dedicated Servers, Website Builder and Co-location.

1. GOALS AND SCOPE

• 1.1. This Acceptable Use Policy (AUP) specifies the actions considered abusive and prohibited by SHINJIRU. The current AUP has been formulated with the following goals in mind:
  • To preserve the value of the Internet as a resource for information and free expression and respect the privacy and security of Internet users.
  • To enhance the quality of our services and to protect all Internet users from illegal, irresponsible, or disruptive Internet activities.
  • To ensure security, reliability and privacy of SHINJIRU systems and network, and the networks and systems of others.
  • To avoid situations that may cause SHINJIRU to incur civil liability.
  • To maintain the reputation of SHINJIRU as a responsible organisation that strongly discourages irresponsible practices.
• 1.2. The current AUP's scope is governing the usage of products and services of SHINJIRU or of any third party which are subscribed to or obtained through SHINJIRU. This AUP is incorporated by reference into the Terms and Conditions applicable to SHINJIRU CUSTOMER (CUSTOMERs, users, and visitors are referred collectively as "CUSTOMER").

2. RESPONSIBILITIES

• 2.1. Each CUSTOMER is responsible for complying with this AUP, and for providing assistance to SHINJIRU in investigating and resolving any issue pertaining to the non-compliance of the AUP when requested by SHINJIRU.
• 2.2. Each CUSTOMER will be held responsible for the actions of any third party acting on its behalf or for its benefit and such CUSTOMER shall be held directly accountable for any violations of this AUP by such third party.
• 2.3. SHINJIRU does not control the content of data traversing our networks and/or services. Therefore, SHINJIRU assumes no responsibility for the content of such data or communication that may be transmitted over SHINJIRU networks and/or services, unless otherwise expressly informed by SHINJIRU to CUSTOMER.

3.UPDATES

• 3.1 SHINJIRU reserves the right to modify the AUP at any time, effective upon posting of the modified Policy to this webpage. Use of SHINJIRU services is conditional upon acceptance of AUP. It is CUSTOMER's responsibility to regularly check for modifications of any policies on our website.

4. COMPLAINTS AND DISPUTES

• 4.1 All abuse complaints and disputes on issues not listed in our AUP will be dealt with according to the laws of Malaysia. The court of Malaysia shall have exclusive jurisdiction in the event of disputes resulting from or relating to any complaints, disputes or agreements between the CUSTOMER and the complainant. Should the complainant agree to leave the dispute decision to the laws of Malaysia, the complainant shall accept that SHINJIRU as the content hosting provider cannot be held liable for any consequential, incidental, exemplary, punitive or multiple damages. Until the decision of the dispute is made known, SHINJIRU reserves the right to continue providing the services to the CUSTOMER.

5. SUSPENSION OF SERVICES

• 5.1. Suspension of services may be caused by abuse and violations of system or network security, be it an action by the service owner or a result of a compromised service. These offences may result in suspension, cancellation or criminal and civil liability. Shinjiru carries the right to suspend and/or cancel any service under its network without prior notice. Using SHINJIRU network, services, or systems to store or send content which is illegal according to the laws of Malaysia is not permitted for any reason. Examples of system or network abuse or security violations include, without limitation, the following:
  1. SPAM (UNSOLICITED EMAIL)
     1. SHINJIRU does not tolerate Spam or email marketing of any kind, whether legal or illegal. Spamming, whether or not it overloads or disrupts services of our CUSTOMERS, is prohibited. The term "Spamming" includes, but is not limited to, the sending unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not confirmed Opt-In. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the email lists operated by our CUSTOMERs. SHINJIRU does not tolerate improper business practices, therefore all CUSTOMERS are not allowed to utilise purchased lists.
     2. CUSTOMER shall not transmit or disseminate unsolicited commercial emails (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall CUSTOMER utilise UCE or Spam to promote or benefit from any sites or businesses that are located on SHINJIRU network.
     3. CUSTOMER must not violate the CAN-SPAM Act of 2003. SHINJIRU reserves the right not to host any site or information that is advertised by Email Marketing, even if such conduct is CAN-SPAM compliant. Email Marketing creates a risk that SHINJIRU IP addresses will be blacklisted from other networks and so could adversely affect CUSTOMERS.
     4. If you would like to utilise Email Marketing for business use, please refer to Mailblast services from SHINJIRU.
     5. CUSTOMER may not send or attempt to send email messages or transmit any electronic communications using a name or an address of someone other than CUSTOMER for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify CUSTOMER's identity in connection with use of SHINJIRU services is prohibited.
     6. If spamming leads to blacklisting of SHINJIRU IP address it will be penalised, please refer to Terms and Conditions for more information.
  2. HACKING
     "Hacking" includes, but is not limited to, unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network. Attempting to breach security or authentication measures without express authorisation of the owner of the system or network is also considered hacking.
  3. STORAGE OR BACKUP
     Using a shared hosting account as a backup/storage device is strictly not permitted. Shared hosting account are meant for hosting CUSTOMER's website content and not for storing data. Utilising web hosting space for archiving of electronic files is also prohibited.
  4. COPYRIGHT INFRINGEMENT
     Use of any SHINJIRU services to host any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, will not be tolerated. Any CUSTOMER found repeatedly violating copyrights will be suspended or terminated.
     If you believe that your intellectual property is being infringed upon or if you would like to make copyright claim, please email our abuse department.
     Please review SHINJIRU's Copyright and Disclaimer for more information on SHINJIRU's copyrighted material and intellectual property.
  5. SYSTEM AND NETWORK SECURITY
     Any violation or attempted violation of any system or network security element is prohibited. System and network security violations include, but are not limited to, the following:
     1. Unauthorised Monitoring
        Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network is prohibited.
     2. Interference
        SHINJIRU does not tolerate interference with service of any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
     3. Forging
        Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting is prohibited.
     4. Virus, Trojan, Malware Distribution
        Use of SHINJIRU services to distribute viruses or any other forms of data which can cause considerable harms to any network is prohibited. We do not allow using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, port scanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
     5. TOR Hosting Server
        Use of SHINJIRU services to host "TOR" hosts / Onion network is prohibited as it may cause IPs in the same network to be blacklisted.
     6. Anonymous Proxies
        Anonymous proxies are easily abused and often negatively impact the network they are connected to, therefore they are prohibited in SHINJIRU network.
  6. OFFENSIVE MATERIALS
     Use of SHINJIRU service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.
  7. CHILD PORNOGRAPHY
     SHINJIRU has zero tolerance towards child pornography. Child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Display of any harmful activities towards children is prohibited by the corresponding laws. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law. CUSTOMER is held fully responsible for any misuse of account regardless of whoever committed the act.
  8. TERRORISM
     It is prohibited to use SHINJIRU services to promote any terrorist activities which include but not limited to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities. Terrorism supporting websites are strictly prohibited in our system.
  9. FRAUD
     Use of SHINJIRU services to commit fraud which includes and not limited to fake investment websites, speculation websites, fake banks and investment institution is prohibited. CUSTOMER are forbidden to impersonate another person or entity for personal gain.
  10. RUSSIAN BUSINESS NETWORK (RBN)
      The Russian Business Network (commonly abbreviated as RBN) is a multi-faceted cybercrime organisation, specialising in and in some cases monopolising personal identity theft for resale. As listed above no fraud activities are allowed in SHINJIRU system or network. Due to the threat of RBN, SHINJIRU does not accept any CUSTOMERS from Eastern Europe countries such as Belarus, Bulgaria, Czech Republic, Hungary, Moldova, Poland, Romania, Russia, Slovakia and Ukraine. Should SHINJIRU discover any CUSTOMERS from Eastern Europe countries (via Eastern Europe IP), we reserve the right to suspend the account for further investigation which may lead to account termination.
  11. INTERNET RELAY CHAT (IRC)
      IRC is well-known for being a platform for a Command and Control or "C&C" type of technology, allowing the culprit control over other computers (a botnet) where the malware was installed. All IRC bots are forbidden in SHINJIRU network.
  12. Other Prohibited Activities
      Engaging in any activity that, in SHINJIRU's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) our services, our operations, reputation, or the ability of SHINJIRU's CUSTOMER to effectively use our services is prohibited. Such prohibited activities include:
      1. Utilising SHINJIRU services for any illegal activities.
      2. Any activity which causes service interruptions to SHINJIRU's network and/or any outside network.

6. SHARED HOSTING RESOURCES ABUSE

• Shared Hosting servers are servicing multiple customers at the same time and in order to provide uninterrupted service to all our CUSTOMERS we do not allow CUSTOMERS to abuse shared resources. Any abuse will result in 24 hours suspension to maintain the stability of the server and to ensure no more business impact to other customers in the same server. It is prohibited to utilise, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with website or email hosting. Such abuse of resources includes but is not limited to:
  1. RESOURCES OVERLOAD
     Overload of SHINJIRU services until the system performance or other CUSTOMERS' business is affected which including and not limiting to CPU resources overload, bandwidth overload, memory resources overload, MySQL connections overload and massive email spamming by scripts.
     For more detailed information on penalties for abusing shared hosting resource limits you may refer to the Terms and Conditions.
  2. GAME SERVERS
     SHINJIRU strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows Hyper-V based Virtual Private Server (VPS) or Dedicated Server platforms only. Please contact sales for more information on both solutions for hosting Game Servers.
  3. TORRENTS
     It is prohibited to run any bit torrent application, tracker, or client as it may abuse our system. CUSTOMERS are allowed to provide link to legal torrents on their website, however, it is not allowed to host them on SHINJIRU Shared Hosting servers.

7. DDOS ATTACK POLICY

• 7.1. SHINJIRU CUSTOMERS are not allowed to use SHINJIRU resources and servers to perform any form of DDoS/DoS attacks. Subscribers who are attacked by DDoS/DoS shall be null-routed to prevent damage to our network and other users. If a SHINJIRU server is being attacked by any form of DoS, the account under attack will be terminated with immediate effect. We do not provide DDoS/DoS friendly hosting, however CUSTOMER may subscribe to our anti-DDoS protected network to have the account re-activated and protected from further attacks.
  1. DDoS Attacked (Being Attacked)
     1. If a server's IP is being DDoS, the said DDoS IP will be null-routed for a minimum of 24-48 hours.
     2. For servers with DDoS Protection, the mitigation process will be automatically performed and a notification will be sent to the server owner. Please take note that the IP under mitigation would be blocked from ICMP as a part of our mitigation strategy. Therefore the said server will appear to be unreachable when PING is performed.
     3. The server will only be released once it is relocated to a different network segment to try and protect the server from the current DDoS attack.
     4. If there is a second recurring DDoS attack, the server will be suspended to prevent a major network outage on all network devices and servers. A one-time fee of RM300 is applicable to perform null-route on the server in order to reinstate it.
     5. Should the same server get attacked for a third time, permanent suspension will be enforced and hosting subscription will be terminated with no refund.
  2. DDoS Attacking (Attacking Others)
     1. If a server is found to be sending out attacking DDoS packets, the server will be put under suspension with the IP being null-routed immediately. CUSTOMER will be alerted and will be required to investigate and perform the necessary fix on the compromised server. In order to do so, our support engineers will extend the ability of the server owner to connect the server's RDC or SSH connection. Server will be reinstated upon confirmation that the root cause for the outgoing attacks is fixed and cleared.
     2. For Co-Location CUSTOMERS, server owners will be required to send their engineers onsite to the data centre to perform the investigation and necessary fix before the server is reinstated.
     3. The server hosting will be terminated and a permanent suspension notice will be sent to the server owner for any reoccurring outgoing attacks.
     4. SHINJIRU reserves the right to immediately terminate the CUSTOMER if the CUSTOMER is found to be DDoS attacking.

  NOTE:

  For Shared Hosting subscriptions, the first DDoS attack (incoming or outgoing) will be considered coincidental and the account will be released after 24 - 48 hours. If the account is attacked for the second time, a permanent suspension will be performed for the said subscription There will be no plea upon the final decision on the Permanent Suspension. CUSTOMER may request for the data backup link. Anti-DDoS subscription is only applicable for the IP that is mitigated. Clients are recommended to subscribe to the Anti-DDoS protection for all IP addresses under their server subscription. You may contact our sales department for a discounted quote.

8. TERMINATION OF SERVICES

• 8.1. SHINJIRU reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP. SHINJIRU at its best effort will notify any CUSTOMER of any violation so that the CUSTOMER can investigate the case and provide necessary explanation or solution.
• 8.2. Failure to respond to email from our abuse department may result in the suspension or termination of services. In some critical cases, SHINJIRU reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, CUSTOMER is given a warning and/or incurs an abuse fee. If SHINJIRU feels as though this first offense was a deliberate attempt then the account and all associated accounts will be closed without warning and without a refund. SHINJIRU does not issue refunds for terminating service due to any of the causes specified above. An account with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted.
• 8.3. SHINJIRU reserves the right to refuse service to anyone. Any material that, in our judgement, is illegal, threats or violates our Terms and Conditions or any other policy in any manner may be removed or suspended from our servers with or without notice.
• 1. RESELLERS
     We will suspend the site in question and will notify you to take action. SHINJIRU may, but not obligated to, monitor the reseller account for later violations and abuse. If accounts under reseller repeatedly violate the current AUP, it may result in the immediate termination of reseller's account.
  2. DIRECT CUSTOMERS
     Services will be terminated with or without notice. If applicable, the violations will be reported to the appropriate agency. If you believe this AUP is being violated or would like to dispute violation claims please contact our abuse department.

9. REPORTING AUP VIOLATIONS

• 9.1. Should you have any information, concerns or complaints in relation to any violations of this AUP, kindly contact us during office hours (between 9am to 6pm, Monday to Friday, UTC +8) at the following contact points:

  Telephone:	03-7987 1191
  Email:	[email protected]
  Address:	No.19-2, Wisma Laxton, Jalan Desa, Taman Desa, Off Jalan Klang Lama, 58100 Kuala Lumpur, Malaysia.