Shinjiru

Web Hosting

Private Domain Terms & Conditions

TERMS AND CONDITIONS TO PRIVATE DOMAIN REGISTRATION IN THE PUBLIC WHOIS DATABASE (Version 1.0 of 08 September 2008)

Because We care about protecting the privacy of Your personal information, Shinjiru offers You the possibility of private domain name registration service. This optional service allows You to hide some of Your personal information from the public Whois database, within the limits of the present special conditions, which You agree to have read and accepted unconditionally.

The development of this service was motivated by Our customers, who would like to have increased protection against having their personal information recorded automatically by scripts or systems and being used for commercial solicitation or deviant practices such as spamming. It is also motivated by Shinjiru's wish to efficiently combine the principle of private domain registration with the rules set forth by the Trustee Authorities and the Registries that govern the global technical operation of the domain name system.

Capitalized words have the definition attributed to them in Shinjiru's General Terms and Conditions of Domain Name Registration, with the exception of “You” which defines herein any physical person that is the holder of a Shinjiru handle; “We” always designates Shinjiru.

Section Privacy.1 : Description of the Private Domain Registration Service
  • This option allows You to use Shinjiru’s private domain registration services if you acknowledge and accept that this option neither has the goal or result of getting around the principle of the necessity of being able to identify the owners and contacts of domain names on the Internet, but only to limit the exposure of the personal information of domain name owners and contacts on the internet via public the Whois databases, to help avoid being used for commercial solicitation or deviant practices such as spamming.
Section Privacy.2 : Adherence to all of Your obligations

  • All Your contractual obligations, and particularly those stated in our General Terms and Conditions of Domain Name Registration, as well as the penalties incurred in the event of a breach of contract, remain fully in effect.

    In particular, even if You choose by exception to choose Our private domain registration service to hide Your information and replace it with Our own in the public Whois database, in Your function both as Contact and/or Owner of a domain name, You must remain identifiable and contactable at any time.

    You acknowledge and accept that the activation of this option allows You to not systematically have Your contact information published, though it does not and cannot hinder the obligation to present the true contact information as registered for the owner and for each of the contacts of the domain name, to any person that requests it.

    Consequently, activation of the Private Domain Registration option does not free You in any way from providing, either for Yourself or for Your contacts, complete, exact and reliable data (first and last name, complete postal address, valid email address, valid telephone number, and if applicable Your fax and cellphone number), and to keep them constantly updated.

    If You do not provide accurate, reliable, and complete contact information, Your domain name may be deleted, and You may be held liable either to Shinjiru or to a third party.

Section Privacy.3 : Providing complete information
  • You acknowledge and accept that We will disclose the complete contact information that has been registered for the Shinjiru handle that is attached to a domain name:
    • to any third party that requests it: third parties must be able to contact You and/or to send You complaints, whether to allow You to, if applicable, contest the charges Yourself or to correct Your situation so that You are in conformity with Your contractual obligations (notably the absence of the violation of the rights of third parties, and the abiding by all applicable local laws) by assuring that You have the possibility of responding to accusations;
    • to the authorities or authorized third parties as obliged under Malaysia law;
    • in the event of a dispute over a domain name (legal procedure or alternative dispute resolution procedure).
Section Privacy.4 : Conditions and limitations of the activation of this service
  • Activation of this service is only possible:
    • for a physical person, that is the holder of a Shinjiru handle (this service is not available to moral persons);
    • for a Shinjiru handle (ex. XXX-SHINJIRU), and not on a domain name. Its activation or deactivation therefore affects the Whois information for all of the domain names associated to this handle (with the exception of domains that are incompatible with the service or not blocked against transfer, see below). If You would like to activate or deactivate the service for only certain domain names, You would need to create separate Shinjiru handles for them.
    • for some TLD (Top Level Domain), as certain domain names are incompatible with this service, given their technical functioning and/or rules as set forth by the Trustee Authorities and Registries that are in charge of their management. We indicate the domain names that are incompatible with this service on Our website, and alert You during the activation of the service, so that You can confirm Your choice with full knowledge of this, and so that You can associate the incompatible domains with other handles if You wish.
    • Additionally, the ability to use this service for domain names to which the handle is associated requires:
    • activating, by checking the appropriate box either during the creation of a Shinjiru handle or via the contact management interface.
    • locking the domain names against transfer (a free option that You can choose from the contact management interface that allows You to manage the transfer restrictions to another Registrar).
    Consequently, You acknowledge and accept that it is possible that, even if You have activated this service, Your complete contact information might appear in the Whois for certain domain names (domains that are incompatible or unlocked against transfer).

    You also acknowledge and accept that the Private Domain Registration service, which was applied to a domain name, may be removed, following changes made to the handle, either by Yourself or in application of technical or legal obligations of which We will inform You beforehand by email and by Your control panel, which You must consult on a regular basis.

    Specifically, You acknowledge to have been informed of and You accept unconditionally that, despite its activation, this service will not be possible in the following instances:
    • for domain names that are incompatible, due to the TLD (indicated in Your domain overview, allowing You to confirm Your choice or to associate them with another handle),
    • for domain names that use an existing private registration service at the Registry level. In this instance, Your personal information is managed by the Registry, and Shinjiru's Private Domain Registration service cannot be applied.
    • for domains that are in the process of being transferred to another Registrar, since the activation of Private Domain Registration is incompatible with the proper technical functioning of the inter-registrar transfer process. The option must be deactivated in order for the transfer to occur, which You accept unconditionally,
    • depending on the Shinjiru services used, for technical or legal reasons. You will be informed of the incompatibility of a service with the Private Domain Registration service, so that You can confirm Your choice with this knowledge or to associate incompatible domain names with other handles if You wish.
Section Privacy.5 : Activation and Deactivation of the Private Domain Registration service
  • The activation of the service is possible at the moment of the creation of a Shinjiru handle. You may at any time thereafter activate or deactivate this option by contacting Shinjiru for each handle.
Section Privacy.6 : Consequences of the activation of the service
  • During a Whois look-up in the public databases, only the contact information of the handle that has the service activated will be masked and replaced with Our Own. This is true whether or not the handle corresponds to the owner or one of the Contacts (administrative, technical, or billing) with the exception that the domain must be compatible with the service, and after the propagation throughout the various worldwide databases, over which Shinjiru has no control over the delay periods.

    • Concretely, once the service has been activated, only the following information may be seen in the Whois:
    • Your first and last name,
    • an email address in a specific “anti-spam” format, that nonetheless allows third parties to contact You (emails will be forwarded automatically, and passed through our anti-spam filter to an email address that You provided in advance),
    • Shinjiru’s contact information that is specifically designed for this service.
    Note that this substitution only applies to the publication in the public Whois database as part of this service.

    Your complete, reliable, and up-to-date information will still be taken, registered, and processed in Our database and in that of the Registries, and sent to any third party that requests it, in accordance with Our Terms and Conditions and the Rules and Regulations of domain name registration as set forth by the Registries and Trustee Authorities.

    No mail, document, or request can be sent to You at this substitution address. You acknowledge to have been informed of this fact, and You accept all the consequences thereof. Third parties are also informed of this when they consult the Whois listing.
Section Privacy.7: Consequences of the deactivation of this service
  • The deactivation of this service, makes all the contact information that You have declared for the given handle, for all the domains managed by the handle in question, visible in the public Whois database, whether it be the owner or one of the contacts, without distinction. This also occurs only after the propagation of the change has occurred in the various databases throughout the world, with the understanding that Shinjiru has no control over the rapidity of these databases being updated.

    It is therefore Your obligation to verify the list of domain names associated with this handle before deactivating the service. You may therefore confirm Your choice with a full knowledge of what it will affect, and if necessary to associate certain domain names to different handles if You wish.
Section Privacy.8 : Role and involvement of Shinjiru with regards to this service
  • The role of Shinjiru remains unchanged as neutral technical intermediary in the registration and management of domain names.

    Therefore, You acknowledge and accept that:
    • this service is not one of a local presence, anonymity, or forwarding of correspondence (with the exception of forwarded emails via special “anti-spam” addresses),
    • Shinjiru has no obligation to forward postal mail, messages, or any other document that is addressed to You at the default address which substitutes Your own in the Whois, and declines any and all responsibility with regards to this,
    • You alone are responsible for the consequence of the activation of this service, notably if a third party is unable to contact You.
    We will not publish Your contact information, but rather, We will substitute it with our own, only in order to limit the abusive use of Your information due to its publication in the public Whois databases.

    Neither You nor Your Contacts is authorized to make any use whatsoever of Shinjiru's contact information once it has been substituted for Your own. In particular, You are forbidden from using this information when addressing a third party, or to indicate it in place of Your own in the framework of Your legal obligations, whether this be procedural, or as a publisher, host, or manager of a website, for example. You will be held liable to Shinjiru as well as to third parties for such use of this service.
Section Privacy.9 : Exclusion and limitation of Shinjiru's responsibility
  • Shinjiru can not guarantee that the activation of this service will block all spam, gathering of Your personal information, or other unwanted commercial solicitation, as Shinjiru can not, at its level, control the security of the entire internet, which is decentralized.

    Therefore, You recognize that Shinjiru can not be held responsible if You are, despite the means that We put in place, victim of spam, or of any other infraction or deviant internet practice.

    Shinjiru’s liability is also excluded in that the communication of Your personal information to a third party, to which You give Your express permission, is unconditional.

    Likewise, You acknowledge that Shinjiru cannot be held liable in the event of the suspension or interruption of the Private Domain Registration service, in the event of :
    • technical necessity
    • an event beyond our control
    • a legal or procedural obligation
    • application of a decision of a court order, or an organization accredited by a Trustee Authority in the framework of an alternative dispute procedure, or any other competent authority.
    Finally, We substitute Our contact information with Yours only for technical reasons tied to the requirements of the domain name system, without this service being in any way considered as a contact address of any sort. Therefore, You explicitly agree to guarantee and hold harmless Shinjiru from any indemnity whatsoever connected to the substitution of Our contact information with Your own.

    Additionally, by explicit agreement between the parties, Shinjiru cannot be held liable for any indirect prejudice caused by Your use of this service, in conformity with Our General Terms and Conditions of Domain Name Registration.
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