Acceptable Use Policy (AUP)

Complaints & Disputes

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 agreed 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 Customers.

Suspension of Services

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. Hacking

  Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

• 2. Unauthorized Monitoring

  Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

• 3. Interference

  Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

• 4. Forging

  Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

• 5. Offensive Material

  Use of SHINJIRU service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

• 6. Fraud, Phishing & Scamming

  Use of SHINJIRU service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.

• 7. Virus, Trojan and Malware Distribution

  Use of SHINJIRU service to distribute Virus or any other forms of data which can cause considerable harms to any network. 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, portscanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.

• 8. Terrorism Activities

  Use of SHINJIRU services to promote terrorist activities which including and not limiting to forums for terrorists, personal websites for terrorists, audio, photo and videos of terrorist activities.

• 9. System 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.

• 10. Spam (UNSOLICITED EMAIL)

  Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the SHINJIRU network, nor to collect responses from UCE or Spam regardless of whether sent over the SHINJIRU network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or 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 the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.

• 11. 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. 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.

• 12. Storage Device

  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.

• 13. Internet Relay Chat (IRC)

  IRC is well-known for being a platform for a Command and Control or "C&C" type of technology, where malware that was placed (or downloaded and ran) on a machine on local network connecting outbound, "beaconing" back to the C&C server (generally just an IRC channel with a password) so that the Master of the malware could control the other computers known as a botnet.

• 14. Game Hosting Server

  Shinjiru strictly prohibits clients from hosting game servers on shared hosting. Game servers are only allowed to be installed and hosted on Windows KVM based virtual private server (VPS) or dedicated servers platforms only. Please contact sales for more information on both solutions for hosting Game Servers.

• 15. Distributed Denial of Service (DDoS)

  No Shinjiru resources and servers may be used to perform any form of DoS attacks. If a server is being attacked by any form of DoS, the said account will be terminated with immediate effect. Customers may subscribe to our anti DDoS protected network to have the account re-activated and protected from further attacks. If the attack continues and goes beyond the limit where our DoS protected network could mitigate, Shinjiru will null-route, ACL or otherwise suspend the services in its entirety to maintain quality of service for other Customers on our network.

• 16. System and Network Security

  IP Spoofing
  IP spoofing, or IP address spoofing, refers to the creation of Internet Protocol (IP) packets with a false source IP address or a modified source address to impersonate another computer system or both.

  Port Scanning
  Port scanning is a method of determining which ports on a network are open and could be receiving or sending data. It is also a process for sending packets to specific ports on a host and analyzing responses to identify vulnerabilities.

Investigation & Cancellation of Services

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 customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. 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 fees. 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. Dedicated Server or Websites with unresolved Abuse or AUP matters which are not responded to within 10 days will be considered abandoned and will be deleted from the offending account.

If your or your end users’ actions have caused the Shinjiru mail servers or IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the internet, you will be assessed a USD100 abuse administrative charge and fees of USD100 per hour for employee time incurred to contact list holders, remove any blocks and protect our mail servers and IP ranges.

Shinjiru reserves the right to refuse service to anyone. Any material that, in our judgment, is illegal, of threats or violates our terms of service in any manner may be removed or suspended from our servers with or without notice.

For Resellers: We will suspend the site in question and will notify you to take action. If Customer’s account has repetitive occurrence of this type, it may result in the immediate termination of Customer’s account.

For Direct customers: Customer’s services will be terminated with or without notice.

DDOS Attack Policy

DDoS Attacked (Being Attacked)

• 1) Customers are provided with free Layer 3 or 4 DDoS protection at 1Gbps/1,488,095pps. Customers who subscribe to our DDoS Protection can refer to the table below for more details.

  Protection According to Subscription
  Bandwidth	Packet per Second
  5Gbps	7,440,475
  10Gbps	14,880,950

• 2) If a server’s IP is being DDOS, the said DDOS IP will be nullrouted/blackholed for a minimum of 24-48 hours.

• 3) The server hosting will only be released until it is relocated to a different network segment that has minimal DDoS mitigation service to try and protect the server from the current DDoS attacks.

• 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 USD100 is applicable to perform nullroute/ blackhole on the server to reinstate the server.

• 5) Should the same server is to be attacked for a third time,
  Permanent Suspension will be enforced and hosting subscription will be terminated with no refund.

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 nullrouted/ blackholed 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 for 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 are fixed and cleared.

NOTE: For Co-Location Server hosting, 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.

2) The server hosting will be terminated and a Permanent Suspension notice will be sent to the server owner for any reoccurring outgoing attacks.
NOTE: For Shared Hosting subscriptions, the first DDoS attack (incoming or outgoing) will be considered coincidental and 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. AntiDDOS 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 Sales for a discounted quote.

Reporting AUP Violations

Please email to : abuse@shinjiru.com

Complaint Procedure

SHINJIRU promotes a high level of responsible behaviour with the use of its services. The Company respects the rights of others and requires that users of its services do the same.

If you have identified that SHINJIRU services are used in violation of the SHINJIRU’s Terms and Conditions, you can send an abuse notification.

The procedure and requirements for the abuse notifications are set forth below. SHINJIRU would like to emphasize that if the necessary information related to the abuse was not presented, SHINJIRU cannot take appropriate measures. When processing an application in accordance with the present document, SHINJIRU is guided by the following principles:

Limitation of Liability

SHINJIRU complies with the laws and does not have control over the use of its services by its Customers. SHINJIRU does not assume the functions of a judicial or law enforcement agency. SHINJIRU cannot define whether or not the content posted is illegal. In case of any disputes, an Applicant should contact a law enforcement agency or a court.

Presumption of good faith

Customer:
SHINJIRU respects its Customers and proceeds on the basis that they comply with the legal requirements and SHINJIRU’s Terms and Conditions while using the services.

Applicant:
The application procedure should not interfere with the necessary legal actions. An Applicant must understand that evidence tampering is illegal.

General conditions

An application will only be taken into processing if it meets the requirements outlined in this document.

We solely process applications or complaints of unlawful and/or illegal content if received in writing. Any applications or complaints that contradict the notice and takedown procedure as described below, will not be processed.

The application must be sent to abuse@shinjiru.com

The application should state that the applicant undertakes to indemnify for losses incurred by the SHINJIRU in the case of unwarranted server suspension, if afterward the application is proved to contain false information about the violation of the applicant’s copyright.

It is Applicant’s obligation to maintain its own email addresses for reports and to promptly and appropriately respond to all emails sent to these addresses.

Requirements and Procedure

• The application must include the following identification information:

• For individuals — first, middle and last names, passport details (number, issuing authority, issue date), contact information (phone number and/or Fax, email address).

• For legal entities — company name, factual and legal addresses, contact information (phone number and/or Fax, email address).The application must be in .PDF format complete with genuine identity verification such as signature of the complainant or the legal entities stamping.

• The application should reference an IP address where the reported content is located or from which the reported conduct occurred. The IP address in question must belong to SHINJIRU.

• Include the links to the infringing material or activity. Include only URLs or domain names, on which an Applicant is seeking resolution. These URLs should resolve to an IP address belonging to SHINJIRU!

• Provide a description of the content or conduct that Applicant wishes to report and an explanation as to why it is infringing Applicant’s rights or violating applicable law or applicable SHINJIRU’s Terms and Conditions.

• Include consent from an Applicant to process his personal data (if an Applicant is an individual).

• An Applicant must attach copies of documents confirming his rights or ownership. The Application may be accompanied by the documents containing other pertaining information.

Once complaint is submitted, SHINJIRU will consider the accuracy of the application. SHINJIRU evaluates reports referred to in the document to determine whether they are unequivocally unlawful and/or punishable. SHINJIRU does not disclose information on the status of the application except for the cases stipulated by law.

The following actions are construed as an abuse by SHINJIRU:

• Repeated applications, phone calls, emails, livechats to various channels. Take note that only Abuse Dept. handle these applications. Repeated actions to other channels will result in permanent ban of the contact.

• Repeated applications, formally corresponding to the requirements of this document, but containing false information based on the inspection results.

• Falsification of documents (including electronic) and information.

• Filing of the complaint in a way that violates SHINJIRU’s Terms and Conditions, Terms of Services, this document or using unreliable information.

• Use of automatic mailings and/or “robots” to access and/or to communicate with SHINJIRU.

• Appeal by the Applicant after claim submission containing the same complaint in relation to the same subject in any other way, if there is no reference to the number of the originally submitted claim (ticket number).

Objection

In some cases, SHINJIRU may grant a Customer an option to contest the alleged violation by submitting a counter-notice. SHINJIRU shall review the submitted information and may (at its sole discretion) decide to reject Customer’s counter-notice, and require Customer to take immediate remedial action, if, at SHINJIRU’s sole discretion, Customer’s or the end user's content or actions are unmistakably unlawful and/or may subject SHINJIRU to third party applications and/or litigation.

Modification

This document is not exhaustive, SHINJIRU reserves the right to modify it from time to time. The continued use of the Services after a modification has been communicated, constitutes Customer’s acceptance of the document.

Miscellaneous

Nothing in this text should be construed as a legal advice. For the definitive word on the law, legal help, etc. SHINJIRU highly recommends to seek qualified legal counsel. Never send abuse applications directly to personal email addresses of SHINJIRU employees and never call about abuse to personal mobile telephone numbers of SHINJIRU personnel.