Acceptable Use Policy (AUP)

Effective Date: x x, xxxx
Last Updated: x x, xxxx

ACCEPTABLE USE POLICY

This Acceptable Use Policy (AUP) is an integral part of SCALIBIT’s Terms of Service (ToS) and is incorporated by reference into the agreement governing your access to and use of the Services.

This Acceptable Use Policy (“AUP”) applies to all infrastructure, compute, and network-based services made available by SCALIBIT.COM, either directly or through its affiliated entities (“SCALIBIT”, “we”, or “us”), including but not limited to server, cloud, GPU, compute, and IP-related services (collectively, the “Services”).

The Services covered by this AUP include, but are not limited to:

• Dedicated Servers: Enterprise-grade physical Dedicated Servers and Bare Metal server configurations.

• GPU Servers: GPU Cloud Instances, Dedicated GPU Servers, AI/HPC clusters, Large Language Model (LLM) training/inference nodes, and other GPU-accelerated or AI-driven workloads.

• Virtual Machines (VMs): Virtualized compute environments, including VPS (Virtual Private Servers) and VDS (Virtual Dedicated Servers).

• Cloud Servers: Cloud-based server instances and Dedicated Cloud Server environments.

• Cloud Compute: Standard Performance, High Performance, and High Frequency compute instances.

• Optimized Cloud Compute: General Purpose, CPU Optimized, Memory Optimized, and Storage Optimized configurations.

• IP Address Services: Assignment, routing, announcement, management, and direct leasing of IPv4 and IPv6 address resources, including the maintenance of IP reputation.

• Ancillary Add-ons and Beta Services: Optional, supplementary, experimental, or preview features and services directly linked to active Services.

• Software & Licensing Services: Operating system licenses, control panels, virtualization layers, and other infrastructure-related software components.

SCALIBIT reserves the right to introduce, modify, replace, or discontinue Services at any time. All current and future Services — including newly introduced infrastructure, compute, network, IP-related, experimental, beta, or region-specific offerings — shall be subject to this Acceptable Use Policy as amended from time to time.

YOUR ACCESS TO AND USE OF THE SERVICES ARE EXPRESSLY CONDITIONED UPON YOUR COMPLIANCE WITH THIS AUP. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AUP. IF YOU DO NOT AGREE WITH ANY PART OF THIS AUP, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICES.

1. GENERAL STATEMENT

SCALIBIT operates solely as a neutral provider of leased and unmanaged infrastructure, dedicated servers, and cloud-based computing services, including specialized GPU servers. SCALIBIT does not provide managed services, application management, content hosting services, monitoring services, or ongoing system administration, and does not act as a systems operator, application service provider, or platform operator.

SCALIBIT does not create, upload, modify, operate, administer, control, monitor, moderate, or assume any editorial responsibility over any Customer systems, applications, data, or content. All software, services, data, configurations, and workloads deployed within the Services are installed, managed, and controlled exclusively by the Customer, who bears sole legal and operational responsibility for their use.

This Acceptable Use Policy (“AUP”) defines the permitted and prohibited uses of SCALIBIT Services and sets forth the standards of conduct expected from all Customers, Users, and any person accessing or utilizing the Services, whether directly or indirectly.

This AUP is intended to protect SCALIBIT’s infrastructure, network integrity, personnel, customers, upstream providers, and the broader Internet ecosystem from unlawful, abusive, disruptive, or high-risk activities (including AI misuse, GPU abuse, or network exploitation). SCALIBIT may, in its sole discretion, suspend, restrict, isolate, or terminate access to the Services if it determines that this AUP has been violated or that continued operation poses legal, security, operational, or reputational risk.

You agree to comply with all applicable local, state, and federal laws of the United States, as well as all foreign, national, and international laws, rules, and regulations relevant to your use of the Services — including, without limitation, the laws and regulations of the jurisdictions where the Services are delivered and where the servers, network infrastructure, and IP address resources used in connection with the Services are physically hosted or operated by upstream data center providers and network infrastructure providers.

The transmission, storage, processing, or distribution of any information, data, or material in violation of any such law is strictly prohibited. This includes, without limitation, content or activity that infringes copyright, trademark, trade secret, or other intellectual property rights; violates export control or sanctions laws; constitutes an illegal threat; or is obscene, defamatory, or otherwise unlawful. Furthermore, you are solely responsible for the legal compliance of any AI models, outputs, or automated processes hosted on or generated through SCALIBIT infrastructure.

SCALIBIT reserves the right to refuse service to any person or entity. Any content, activity, or use of the Services that, in SCALIBIT’s sole judgment, violates this AUP, the Terms of Service, or applicable law may be disabled, restricted, null-routed, or removed with or without prior notice. Failure to respond to abuse, compliance, or security notices within the time period specified by SCALIBIT may result in immediate suspension or termination of Services. SCALIBIT shall not be liable for any damages, data loss, or business interruption arising from such enforcement actions.

You are fully responsible for all activity conducted through your account, infrastructure, IP addresses, credentials, or access mechanisms — whether performed by you, your employees, contractors, agents, customers, end-users, or any unauthorized third party. Any use of the Services to assist, facilitate, enable, or support another party in activities that would violate this AUP if performed by you directly constitutes a violation of this AUP. Customer shall remain the sole point of contact and remains liable for the actions of any sub-users or downstream clients.

All Services provided by SCALIBIT may be used for lawful purposes only. The transmission, storage, processing, presentation, routing, or distribution of any content or data in violation of applicable law is strictly prohibited. Examples of prohibited activities are provided throughout this AUP; however, such examples are illustrative only and do not represent an exhaustive list of unacceptable uses.

SCALIBIT does not monitor or control customer content as a matter of routine and assumes no responsibility for claims arising from the Customer’s use of the Services. This includes, without limitation, content or activity that promotes illegal conduct, infringes intellectual property rights, facilitates cybercrime, abuses network resources, or causes harm to third parties or Internet infrastructure. Links to such content or services are also prohibited.

You acknowledge and agree that violations of this AUP may result in enforcement actions including, but not limited to, service suspension, termination, traffic filtering, IP null-routing, data deletion, reporting to upstream providers, or referral to law enforcement authorities where required. No refunds or credits shall be issued for Services suspended or terminated due to violations of this AUP. Any costs incurred by SCALIBIT as a result of such violations (e.g., cleanup fees, IP de-listing costs, legal fees) shall be the sole responsibility of the Customer.

You are responsible for ensuring that all Users accessing the Services through your account comply with this AUP at all times. Failure to enforce compliance by your Users constitutes a material violation of this AUP.

2. ACCURATE AND UP-TO-DATE INFORMATION

You are required to provide and maintain true, accurate, current, and complete information at all times in connection with your use of the Services. This obligation applies to all information provided during account registration, service ordering, identity or business verification, billing, payment processing, communications with SCALIBIT, abuse or compliance inquiries, support tickets, and through the Client Control Panel.

This includes, without limitation, accurate contact details, legal entity information, beneficial ownership details (where applicable), billing and payment information, technical contact data, and any information required for compliance, abuse handling, or legal requests. SCALIBIT reserves the right to request official documentation (including but not limited to government-issued identification, business registration certificates, or proof of address) to verify the information provided at any time.

Providing false, misleading, incomplete, outdated, or unverifiable information — or failing to promptly update such information when it changes — constitutes a material breach of this Acceptable Use Policy and the Terms of Service (TOS). Accessing the Services through anonymity-enhancing tools (such as proxy servers, VPNs, or TOR nodes) during the registration or payment process to circumvent identity verification or geographic restrictions is strictly prohibited and may result in immediate account termination.

If such a breach is not cured within the applicable cure period specified in the TOS (if any), SCALIBIT may, in its sole discretion, suspend, restrict, or terminate the Services without refund. In cases involving fraud, misrepresentation, abuse evasion, sanctions risk, or legal exposure, SCALIBIT may take immediate enforcement action without prior notice.

SCALIBIT shall have no liability for any losses, damages, service disruptions, enforcement actions, or legal consequences arising from your failure to provide or maintain accurate and current information. You acknowledge that inaccurate or outdated information may impair SCALIBIT’s ability to provide Services, respond to abuse or legal requests, or maintain network and regulatory compliance.

3. ILLEGAL OR ABUSIVE ACTIVITY OR CONTENT

You may not use the Services for any unlawful, illegal, abusive, deceptive, or harmful purpose. All SCALIBIT Services may be used for lawful purposes only and must comply with all applicable laws and regulations.

You agree to comply with all applicable local, state, and federal laws of the United States, as well as all foreign, national, and international laws, rules, and regulations relevant to your use of the Services — including, without limitation, the laws and regulations of the jurisdictions where the servers, network infrastructure, and IP address resources used in connection with the Services are physically hosted or operated by upstream data center providers and network infrastructure providers.

SCALIBIT reserves the right, in its sole discretion, to refuse service to any person or entity. Any content, activity, or conduct that violates this Acceptable Use Policy, the Terms of Service, or applicable law may result in suspension, restriction, null-routing, content removal, or termination of Services with or without prior notice.

You may not use, nor encourage, promote, facilitate, instruct, or assist others to use, the Services to transmit, store, process, display, distribute, or otherwise make available any content or activity that is illegal, criminal, fraudulent, abusive, infringing, deceptive, or otherwise unlawful.

• 3.1 Illegal, Harmful, or Fraudulent Activities. Any activity that is illegal, tortious, or harmful to others, including but not limited to child sexual abuse material (CSAM), human exploitation, scams, phishing, pharming, financial fraud, Ponzi or pyramid schemes, deceptive promotions, or “get-rich-quick” schemes. SCALIBIT maintains a zero-tolerance policy regarding CSAM and will report such activity to the National Center for Missing & Exploited Children (NCMEC) or relevant law enforcement as required by law.

• 3.2 Intellectual Property Infringement. Content or activity that infringes, misappropriates, or violates copyrights, trademarks, trade secrets, privacy rights, or other proprietary or intellectual property rights of any third party. Unauthorized use, redistribution, or resale of SCALIBIT Services or access thereto without express written authorization is prohibited.

• 3.3 Offensive or Abusive Content. Content that is obscene, defamatory, libelous, threatening, harassing, discriminatory, misleading, invasive of privacy, or otherwise objectionable, including content involving minors, non-consensual acts, extreme violence, hate speech, or incitement to harm individuals, groups, or animals. This includes the creation, hosting, or distribution of non-consensual synthetic media (e.g., "Deepfakes") or AI-generated content intended to harass or deceive.

• 3.4 Malware and Harmful Code. Distribution, deployment, or operation of malware or malicious code, including viruses, worms, trojans, ransomware, spyware, botnets, or any software designed to damage, disrupt, intercept, or gain unauthorized access to systems, networks, or data.

• 3.5 Identity Misrepresentation. Impersonation, identity theft, misrepresentation of affiliation, or submission of false or misleading information regarding identity, credentials, ownership, or authorization.

• 3.6 Illegal or Fraudulent Use of Infrastructure or IP Resources. Using SCALIBIT Services, servers, or assigned IP addresses to facilitate, conceal, or enable illegal or fraudulent activity — including identity theft, payment fraud, illegal marketplaces, money laundering, or processing proceeds of unlawful activity — is strictly prohibited.

• 3.7 VPN, Proxy, or Anonymization Services for Unlawful Use. Provisioning, operating, or using VPNs, proxies, anonymization, tunneling, or traffic-obfuscation services for the purpose of facilitating, concealing, or enabling illegal, abusive, fraudulent, or prohibited activities is strictly prohibited. This includes masking identity, location, or source IPs to evade law enforcement, sanctions, abuse detection, or compliance controls. Usage that results in the blacklisting or degradation of SCALIBIT IP reputation is a material breach of this AUP.

Any Service or IP address determined to be involved in prohibited activity under this Section may be immediately suspended, null-routed, or terminated without refund. SCALIBIT may revoke IP allocations and restrict network access where necessary to protect its infrastructure, upstream providers, or legal obligations.

Law Enforcement and Regulatory Cooperation: Where required by applicable law or upon receipt of a lawful and verifiable request, SCALIBIT may cooperate with competent authorities and disclose only information lawfully available within SCALIBIT’s own systems, such as customer identification data, service records, assigned IP addresses, or configuration metadata.

You remain solely responsible for all activity conducted through your Services and assigned IP resources. Violations of this Section may result in immediate enforcement action and referral to appropriate authorities where required by law.

4. PROHIBITED USE OR CONTENT

You are solely responsible for all content, data, traffic, workloads, and activities transmitted, stored, processed, or made available through your use of the Services, whether directly or indirectly.

The following list of prohibited uses and activities is not exhaustive and is provided as a non-exclusive guide. SCALIBIT reserves the right to determine, in its sole discretion, whether any use of the Services constitutes a violation of this Acceptable Use Policy.

You may not use the Services to publish content, operate workloads, or engage in any activity that is unlawful, harmful, abusive, deceptive, or that may expose SCALIBIT, its upstream providers, or network partners to legal, regulatory, operational, or reputational risk.

Any violation of this Section may result in immediate enforcement action, including but not limited to suspension, restriction, null-routing, isolation, or termination of Services, with or without prior notice, and without refund.

Customers must ensure that their use of the Services complies with all applicable local, state, and federal laws of the United States, as well as all applicable foreign, national, and international laws and regulations, including but not limited to laws relating to data protection, privacy, export controls, sanctions, telecommunications, cybersecurity, and cybercrime.

This obligation includes compliance with the laws and regulations of the jurisdictions where the servers, network infrastructure, and IP address resources used in connection with the Services are physically hosted or operated by upstream data center providers and network infrastructure providers. SCALIBIT reserves the right to suspend, restrict, or terminate Services that violate applicable law or that are subject to a lawful investigation, court order, or regulatory request by competent authorities.

4.1 Unacceptable Material and Prohibited Activities

The following content, activities, and uses of the Services are strictly prohibited. This list is not exhaustive and is intended to provide guidance. Any activity that is unlawful, abusive, disruptive, deceptive, or that exposes SCALIBIT to legal, regulatory, operational, or reputational risk may result in immediate suspension or termination of Services without notice.

• Illegal, Criminal, or Fraudulent Activity. Any use of the Services to engage in, facilitate, conceal, or promote illegal or criminal conduct, including fraud, identity theft, payment fraud, phishing, scams, money laundering, terrorist financing, forgery, deception, or processing proceeds of unlawful activity.

• Sexual Content and Harm to Minors. Pornographic content; child sexual abuse material (CSAM); child erotica; content depicting or exploiting minors; bestiality; or any material harmful to minors. CSAM will be reported immediately to competent authorities without notice.

• Gambling and High-Risk Financial Schemes. Gambling services, betting platforms, lotteries, HYIP programs, Ponzi or pyramid schemes, payday loans, prime bank instruments, escrow fraud, or unlicensed investment or trading platforms.

• Malware, Hacking, and Cybercrime. Botnets, malware, ransomware, command-and-control infrastructure, exploits, brute-force tools, scanners, sniffers, unauthorized access attempts, denial-of-service attacks, or any activity that compromises security or network integrity.

• Spam and Messaging Abuse. Unsolicited bulk email (UBE), spam campaigns, purchased mailing lists, mail bombers, bulk SMS gateways, abusive newsletters, or any activity that violates anti-spam laws or upstream policies. Any activity resulting in the blacklisting of SCALIBIT IP addresses will incur a mandatory cleanup fee as defined in the TOS.

• Proxy, VPN, and Anonymization Abuse. Operating proxies, VPNs, anonymizers, or obfuscation services for illegal, fraudulent, abusive, or deceptive purposes, including concealment of identity to evade law enforcement, sanctions, or abuse mitigation.

• Intellectual Property and Privacy Violations. Content or actions that infringe copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary or personal rights of any party.

• Export Controls and Sanctions. Any activity that violates U.S. export control laws, OFAC sanctions, SDN restrictions, or applicable international trade and sanctions regulations.

• Network and Resource Abuse. Excessive or abusive consumption of CPU, RAM, storage, bandwidth, or network resources; activities that degrade service performance; or actions that undermine the stability of SCALIBIT’s infrastructure, upstream providers, or the Internet.

• Objectionable or Harmful Content. Content that is defamatory, hateful, abusive, threatening, violent, discriminatory, harassing, misleading, or otherwise unlawful or harmful to individuals, entities, or public order.

• Unauthorized Data Collection. Harvesting, monitoring, intercepting, or collecting personal data, communications, or credentials without lawful basis or explicit consent.

• Medical and Regulated Data. Storage or processing of Protected Health Information (PHI) or regulated medical data subject to HIPAA or similar healthcare laws. SCALIBIT does not provide HIPAA-compliant services and does not enter into Business Associate Agreements.

• Any Other High-Risk Activity. Any activity that SCALIBIT determines, in its sole discretion, to be unlawful, abusive, misleading, or to pose unacceptable legal, regulatory, security, or reputational risk.

Violations of this Section may result in immediate suspension or termination of Services, traffic filtering, IP revocation, data deletion, reporting to upstream providers, or referral to law enforcement authorities where required by law. No refunds shall be issued for enforcement actions taken under this AUP.

4.1.1 Cryptocurrency, Cryptomining, and Financial Abuse

The use of SCALIBIT Services, servers, compute resources, GPUs, storage systems, or assigned IP addresses for cryptocurrency mining, blockchain mining, proof-of-work or proof-of-stake mining, staking-as-a-service, farming, or any similar resource-intensive crypto-related activity is strictly prohibited.

Without limitation, the following activities are expressly forbidden:

• Cryptomining and Infrastructure. Operating or participating in cryptocurrency mining, GPU mining, CPU mining, pool mining, cloud mining, node mining, or validator infrastructure, whether for personal use or on behalf of third parties.

• Financial Fraud and Deception. Using SCALIBIT Services or IP addresses to facilitate, conceal, or enable fraud, scams, phishing, fake online purchases, stolen or cloned credit card usage, chargeback fraud, identity theft, or any form of financial deception, including through VPNs, proxies, or anonymization services.

• Anonymization for Illegal Use. Deploying VPNs, proxies, anonymization layers, or tunneling services on SCALIBIT infrastructure for the purpose of hiding identity, location, or origin of traffic in connection with illegal, abusive, or fraudulent activity.

• Prohibited Financial Services. Using SCALIBIT Services, servers, or IP addresses in connection with money laundering, terrorist financing, sanctions evasion, darknet markets, illegal marketplaces, or prohibited financial services.

• Scam Platforms and Schemes. Operating fraudulent or deceptive cryptocurrency-related platforms, including fake exchanges, scam investment sites, Ponzi schemes, pyramid schemes, rug pulls, phishing wallets, or misleading token offerings.

• Risk Exposure. Using SCALIBIT infrastructure in any manner that exposes SCALIBIT, its upstream data center providers, or network infrastructure providers to regulatory, financial, legal, reputational, or law-enforcement risk.

Any violation of this section may result in immediate suspension, IP null-routing, service termination without refund, and where required, reporting to competent authorities, financial institutions, upstream providers, or law enforcement agencies.

4.2 Conditions of Use and User Obligations

• Legal Compliance. You will comply with all applicable local, state, and federal laws of the United States, as well as all applicable foreign, national, and international laws, regulations, ordinances, rules, and requirements of any competent authority or regulator, including the laws of the jurisdictions where the servers, network infrastructure, and IP address resources used in connection with the Services are physically hosted or operated by upstream data center providers or network infrastructure providers.

• Prohibited Anonymization. You will not use SCALIBIT Services, servers, network infrastructure, or assigned IP addresses for VPN, proxy, tunneling, anonymization, or obfuscation purposes where such use is intended to conceal identity, evade detection, bypass safeguards, or facilitate any illegal, abusive, or fraudulent activity.

• Bulk Messaging and Spam. You will not transmit, initiate, relay, or facilitate any form of Unsolicited Bulk Email (UBE), spam campaigns, mail bombing, or similar messaging abuse using SCALIBIT infrastructure, whether directly or indirectly.

• Advertising Standards. Any outbound messaging, notification, or communication containing advertising or promotional content must comply with all applicable anti-spam laws and include a functional and automated opt-out mechanism, where legally required.

• Platform Misuse. You will not use the Services to post, relay, or distribute inappropriate, abusive, misleading, or unlawful communications through newsgroups, mailing lists, chat services, forums, or similar Internet-based platforms.

• Unauthorized Access. You will not make, attempt, authorize, or permit any unauthorized access to SCALIBIT systems, APIs, networks, infrastructure, or to any third-party systems, servers, services, or accounts.

• Malicious Code. You will not deploy, execute, permit, or allow remote code execution of malicious software, including malware, exploits, backdoors, ransomware, or other harmful code.

• Network Attacks. You will not engage in, attempt, or facilitate denial-of-service (DoS/DDoS) attacks, port scanning, network probing, packet flooding, or any invasive or disruptive activity against SCALIBIT infrastructure or against any other network, system, or Internet user.

• Forging and Spoofing. You will not forge, alter, falsify, misrepresent, or omit message headers, routing information, IP addresses, signatures, or identifying marks, nor engage in spoofing or impersonation intended to deceive others as to the true origin or identity of traffic or communications.

• Unauthorized Content. You will not display, store, process, distribute, or otherwise make available any content or material that you are not legally authorized to use, including but not limited to copyrighted works, proprietary software, trade secrets, personally identifiable information (PII), confidential data, or protected information.

• Impersonation. You will not impersonate any individual, organization, authority, or entity, nor misrepresent your affiliation, identity, credentials, or authority in connection with the use of the Services.

• High-Risk Activities. You may operate workloads associated with high-risk or safety-critical activities — where interruption, malfunction, or misuse of the Services could result in personal injury, loss of life, environmental damage, or catastrophic harm — only with SCALIBIT’s prior explicit written consent. Such activities include, without limitation, nuclear facilities, air traffic control systems, life-support or medical control systems.

• Protection of Minors. You will not harm, exploit, abuse, or seek to harm minors in any manner, directly or indirectly.

• Streaming and Bandwidth. You will not operate audio or video streaming platforms, broadcast services, or similar high-bandwidth media distribution services that materially impact network stability or violate upstream provider policies, unless expressly authorized in writing by SCALIBIT.

• Crypto-Related Prohibitions. You will not host, deploy, or operate services that utilize cryptocurrency mining pools, mining scripts, embedded mining code, promote cryptocurrency “get-rich-quick” schemes, operate crypto exchanges, airdrop platforms, or similar crypto-related activities, all of which are prohibited under this AUP and the Terms of Service.

4.3 Prohibited Websites, Content, Links, and Advertisements

You may not host, publish, distribute, link to, or advertise any website, content, service, or material that:

• Intellectual Property Infringement. Infringes upon or violates any copyright, trademark, patent, trade secret, or other proprietary or intellectual property rights of any individual, organization, or entity.

• Hatred and Hostility. Promotes, incites, or encourages hatred, discrimination, or hostility against any social, ethnic, national, racial, religious, political, or other protected group.

• Malicious Software. Contains or distributes viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious code or software designed to interfere with, damage, disrupt, or limit the functionality of any system, software, hardware, or network.

• Cybercrime Tools. Contains or distributes illegal software, hacking tools, cracking utilities, or phreaking software, including warez, exploits, or circumvention tools.

• Pirated Media and Works. Distributes copyrighted software, media, or digital works that are not lawfully licensed or freely available without charge, including but not limited to ROMs, ROM emulators, pirated software, or MPEG Layer 3 (MP3) files.

• Hardware Stress and Resource Abuse. Running workloads that intentionally cause hardware degradation, excessive thermal stress, or utilizing GPUs/CPUs in a manner that bypasses manufacturer-specified operating limits or SCALIBIT’s resource management policies is strictly prohibited.

• Relay and Anonymization Services. Operates or facilitates proxy servers, traffic-relaying systems, anonymization gateways, or similar services, whether standalone or embedded within other services.

• Deceptive Schemes. Promotes or facilitates money-making schemes, multi-level marketing (MLM), pyramid schemes, or other deceptive, misleading, or unlawful financial activities.

• Torrent and Indexing Systems. Hosts, links to, or operates torrent trackers, torrent portals, or similar file-indexing or distribution systems.

• Peer-to-Peer Networks. Facilitates or operates peer-to-peer (P2P) file-sharing networks or distributed content-sharing systems.

• Adult and Exploitative Content. Contains adult content, pornography, obscene material, unlawfully harassing content, or any material related to child exploitation, child sexual abuse, or sex-related merchandising.

• Privacy and Minor Safety. Stores, processes, or distributes personal data, private information, images, photographs, videos, or identifying information of any third party — including minors — without valid legal basis, lawful authority, or appropriate consent.

• Harassing and Defamatory Material. Contains data or material that is unlawful, abusive, threatening, harassing, defamatory, or otherwise violates applicable laws or regulations.

• Misinformation and Synthetic Media. Distributes or promotes false, misleading, deceptive, or intentionally inaccurate information, including fake news, manipulated content, or non-consensual synthetic media (Deepfakes) generated via AI/GPU workloads.

• Extremism and Violence. Promotes, glorifies, encourages, or provides support for violence, extremism, or terrorist activity in any form.

Note to Resellers: If you are reselling SCALIBIT infrastructure, you are responsible for ensuring your end-users comply with this Zero Tolerance policy. Any violation by your end-user will be treated as a violation by you.

  4.4 Zero Tolerance Adult Content Policy

SCALIBIT maintains a strict zero-tolerance policy for adult content. Any material considered “adult” in nature is strictly prohibited on SCALIBIT Services, servers, infrastructure, and assigned IP addresses.

This prohibition includes, without limitation, any media, content, or material containing nudity, partial nudity, sexually explicit content, pornographic material, sexual acts, or adult-oriented themes, as well as any content deemed inappropriate, explicit, or adult in nature at SCALIBIT’s sole discretion.

Any violation of this Section constitutes a material breach of this Acceptable Use Policy and will result in immediate suspension or permanent termination of the affected Service without refund. SCALIBIT reserves the right to remove or disable such content without prior notice and to take any additional action deemed necessary to comply with applicable law or upstream provider requirements.

5. NO SPAM, EMAIL OR OTHER MESSAGE ABUSE

You agree to comply at all times with our Anti-Spam Policy and acknowledge that compliance with this Section is a material condition of your use of SCALIBIT Services. Any violation of this Section constitutes a material breach of the Agreement and may result in immediate suspension or termination of Services without refund.

You must not distribute, publish, send, or facilitate the sending of unsolicited or bulk email, messages, promotions, advertising, or solicitations (including “spam”) of any kind, whether commercial or informational. This includes any communication that is not requested by the recipient or that violates applicable anti-spam laws, including but not limited to the CAN-SPAM Act, the EU ePrivacy Directive, or equivalent regulations in your jurisdiction.

You shall not alter or obscure email headers, forge sender identities, or use false or misleading header information. You must not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not take any action which directly or indirectly results in any of SCALIBIT’s IP addresses or domains being listed on any abuse or blocklisting database (including but not limited to Spamhaus, Barracuda, Proofpoint, UCEPROTECT, RIPE NCC Abuse, or other reputable anti-abuse databases).

You must use reasonable efforts to secure any device, system, or network within your control against being used in violation of applicable laws or this AUP. This includes maintaining up-to-date security patches, antivirus protection, firewall rules, and ensuring that no systems under your control operate as open relays, open proxies, or permit unauthorized third-party mail relay.

You must comply with all applicable laws and regulations governing bulk or commercial email in your jurisdiction. In addition, any bulk or commercial messaging must meet the following minimum requirements:

• You must have a clear and accessible privacy policy or similar disclosure posted for each domain associated with the mailing.

• You must maintain systems to track and handle abuse complaints effectively.

• You must not obscure or falsify the source of your email in any manner.

• You must provide and actively monitor a valid abuse contact (e.g., abuse@yourdomain.com) and respond promptly to abuse complaints.

• Recipients must have provided verifiable affirmative opt-in consent, and you must be able to provide proof of such consent within forty-eight (48) hours upon request.

• You must verify that the individual granting consent owns or controls the email address.

• All messages must clearly identify the sender, include a physical contact address, and contain a functional opt-out mechanism effective within forty-eight (48) hours.

• You must honor revocations of consent and cease further messaging to that recipient within forty-eight (48) hours.

You must maintain valid SPF, DKIM, and DMARC records for all domains used in outbound messaging. Failure to implement or maintain these authentication mechanisms may result in message rejection, deliverability degradation, or suspension of outbound email privileges.

Proper reverse DNS (rDNS / PTR) configuration must be maintained for all mail-sending IP addresses. Failure to maintain valid PTR records may result in message rejection, degraded reputation, or suspension of outbound email privileges.

The following activities are strictly prohibited:

• Sending Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE).

• Using SCALIBIT Services to send or relay messages through unauthorized or compromised systems.

• Forging or falsifying mail headers, sender identities, or message identifiers.

• Operating or promoting services via spam or abusive messaging (“spamvertising”).

• Running open mail relays, open proxies, or misconfigured messaging systems.

• Engaging in phishing, fraudulent, or deceptive messaging via email, SMS, instant messaging, or social platforms.

• Participating in any activity that results in IP reputation loss or blocklisting.

These policies apply to all messages sent using SCALIBIT Services or any messages sent by or on behalf of you that directly or indirectly reference a system, service, or resource hosted on SCALIBIT infrastructure, including transactional, promotional, or informational messages.

Enforcement and Remedies.

SCALIBIT enforces a strict zero-tolerance policy for spam and messaging abuse. If any Service is used for or associated with spam or abuse, SCALIBIT may take immediate action, including rate limiting, filtering, null-routing, suspension, or termination of Services without prior notice. Such action may extend to related accounts or resources and may be triggered by automated enforcement systems operated by SCALIBIT and/or its upstream data center providers, network infrastructure providers, or third-party mitigation partners.

SCALIBIT reserves the right to block outbound SMTP traffic (Port 25) by default or upon detection of suspicious activity to protect network reputation.

If actual damages cannot be reasonably calculated, you agree to pay liquidated damages of $500.00 or $1.00 per spam message or abuse event, whichever is greater. In addition, blacklist remediation fees starting at $500.00 may apply. Furthermore, any fines, penalties, or "cleanup fees" charged to SCALIBIT by its upstream data center providers, regional carriers, or network infrastructure providers where the Services, servers, or assigned IP addresses are physically hosted, announced, or routed, due to Customer’s messaging abuse, shall be fully reimbursed by the Customer, plus a 20% administrative surcharge.

Customers may be required to confirm cessation of abuse and implement corrective actions. SCALIBIT may impose a non-refundable reactivation fee prior to restoring any suspended Service. Repeat or severe violations may result in permanent termination without refund.

Liquidated Damages and Blacklist Remediation.

If actual damages cannot be reasonably calculated, you agree to pay liquidated damages of $500.00 or $1.00 per spam message or abuse event, whichever is greater. In addition, blacklist remediation fees starting at $500.00 may apply to cover delisting, engineering time, or third-party costs.

IP Reputation Repair and Upstream Cost Recovery. To the maximum extent permitted by applicable law, in addition to liquidated damages, the Customer shall be held fully liable for all costs associated with the remediation of abuse incidents originating from their services. This includes, without limitation: (i) all administrative and labor costs incurred by SCALIBIT; (ii) any and all fines, penalties, or surcharges imposed on SCALIBIT by upstream data center providers, network infrastructure providers, or transit carriers; (iii) third-party fees associated with IP de-listing and Real-time Blackhole List (RBL) removal; and (iv) any technical expenses required to restore the reputation of IP address ranges assigned to the Customer or utilized in connection with the Services. The Customer’s liability for these costs, directly arising from such abuse incidents, is absolute and shall survive the termination or cancellation of the Customer's account.

Indemnification and Legal Defense. To the maximum extent permitted by applicable law, the Customer agrees to indemnify, defend, and hold harmless SCALIBIT, its affiliates, directors, officers, employees, contractors, and upstream providers from and against any and all claims, demands, damages, losses, liabilities, penalties, regulatory actions, fines, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to any spam, abuse, unlawful activity, or policy violation originating from or associated with the Customer’s services, servers, or assigned IP addresses.

Deliverability, IP reputation, and blocklisting management are the sole responsibility of the Customer. SCALIBIT is not liable for deliverability loss, reputation damage, or third-party blocklisting arising from Customer behavior or misconfiguration.

SCALIBIT reserves the right to preserve logs, investigate complaints, and cooperate with law enforcement, judicial authorities, regulators, and upstream providers in accordance with applicable law and privacy obligations.

All assigned IP addresses and messaging systems must comply with this AUP, applicable local, state, and federal laws of the United States, applicable foreign, national, and international laws, and relevant RIR policies. Any misuse may result in immediate suspension or revocation of IP allocations and Services.

5.1 IP Address Usage and Responsibility

All IP addresses assigned to customers under SCALIBIT Services are allocated and managed either directly by SCALIBIT, by its network infrastructure providers, or through upstream data center providers where SCALIBIT deploys rented or colocated infrastructure. Such assignments represent temporary, non-transferable usage rights granted solely for the duration of the active service term and do not constitute ownership. All assigned IPs remain under the administrative and operational control of SCALIBIT and/or its upstream data center providers and network infrastructure providers.

Customers must utilize at least eighty percent (80%) of assigned IPv4 addresses within thirty (30) days of allocation and maintain compliance with applicable Regional Internet Registry (RIR) utilization and justification requirements. Under-utilized, abused, or unjustified allocations may be reclaimed without refund to ensure compliance with RIR and SCALIBIT’s internal IP Address Services Policy.

Customers are fully responsible for all activities originating from their assigned IP space, including any actions by employees, resellers, contractors, or clients using their systems. Prohibited uses include, but are not limited to: spamming, phishing, malware distribution, brute-force or denial-of-service (DoS/DDoS) attacks, port scanning, proxy/VPN tunneling, anonymization, or any unlawful or unethical activity. Misuse may result in immediate suspension, IP revocation, or termination of related services without refund and may be reported to competent authorities or upstream providers when required to maintain network integrity.

Reverse DNS (rDNS/PTR): rDNS functionality is available only for infrastructure-based services that include dedicated IP allocations and must follow SCALIBIT’s rDNS naming and verification policy. rDNS operations are performed under the administrative and operational control of SCALIBIT and its upstream data center providers and network infrastructure providers.

SCALIBIT and its upstream data center providers retain full administrative and operational control over all IP address space assigned, routed, or announced through their networks. Failure to comply with IP management, justification, or abuse policies may result in immediate suspension, reassignment, or permanent termination of affected services without refund. All IP usage must comply with SCALIBIT’s Acceptable Use Policy, this Agreement, and applicable law.

5.2 Email Configuration, Deliverability, and Authentication Responsibility

SCALIBIT does not provide managed email hosting or shared email services as part of its core infrastructure offerings. All email-related functionality operated on or through SCALIBIT Services is customer-managed unless expressly agreed otherwise in writing.

For all SCALIBIT infrastructure services — including but not limited to Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Compute Services, Optimized Cloud Compute Services, GPU Servers, and Dedicated Servers (Bare Metal) — email server configuration, authentication, security, compliance, and deliverability are the sole responsibility of the Customer.

SCALIBIT provides initial infrastructure provisioning only (such as operating system deployment and root or administrative access). SCALIBIT does not monitor, manage, configure, or maintain Customer-operated mail transfer agents (MTAs), mail applications, or messaging systems.

5.2.1 Authentication and DNS Configuration

Customers are solely responsible for properly configuring and maintaining all email-related DNS records and authentication mechanisms, including but not limited to: SPF, DKIM, DMARC, rDNS (PTR), MX records, TLS/SSL certificates, and SMTP policies.

SCALIBIT does not automatically create, manage, or enforce DMARC or other domain-level authentication policies. Failure to implement or maintain proper authentication may result in message rejection, spam filtering, reputation degradation, or blocklisting by third-party mail providers.

5.2.2 Deliverability and Reputation

SCALIBIT does not guarantee email deliverability to any recipient, domain, or third-party mail system. Message delivery may be affected by factors outside SCALIBIT’s control, including but not limited to: message content, sending patterns, complaint rates, recipient-side filtering policies, and the reputation rules of external mail providers.

Customers are solely responsible for maintaining the reputation of their servers, IP addresses, domains, and sending practices. SCALIBIT shall not be liable for delayed, rejected, filtered, or undelivered messages resulting from misconfiguration, reputation issues, third-party filtering, or external blocklisting databases.

5.2.3 Reverse DNS (rDNS / PTR)

Reverse DNS (rDNS / PTR) records are not automatically assigned. Customers may request rDNS updates for assigned IP addresses through the Customer Portal or support ticket, subject to validation and compliance review.

Fraudulent, misleading, or impersonating rDNS records (including references to third-party domains or brands without authorization) are strictly prohibited and may result in immediate suspension, IP revocation, or service termination without refund.

5.2.4 External Networks and ISP-Originated Traffic

When Customers connect to their mail servers using external devices or networks (such as desktop clients, mobile devices, or remote locations), outbound messages may originate from public IP addresses assigned by third-party Internet Service Providers (ISPs).

Such IP addresses are outside SCALIBIT’s control and may appear in reputation or blocklisting databases (e.g., dynamic IP listings). SCALIBIT cannot influence or remediate deliverability issues caused by external ISP-originated traffic. Customers remain fully responsible for securing and maintaining their own network reputation.

5.2.5 Spam, Abuse, and Enforcement

The transmission of spam, bulk, or unsolicited messaging from any SCALIBIT Service is strictly prohibited. All email-related activity must comply with this AUP and the Anti-Spam & Abuse Policy.

If SCALIBIT detects spam, abuse, excessive complaint rates, or reputation-related risk, it may take immediate enforcement action without prior notice, including but not limited to: rate limiting, outbound port suspension, IP null-routing, service suspension, or termination.

Repeated or severe violations may result in permanent service termination without refund and revocation of assigned IP resources. Blacklist remediation or delisting efforts may incur additional non-refundable administrative or third-party costs as specified in the Anti-Spam & Abuse Policy.

5.2.6 Optional Administrative Assistance

At the Customer’s request, SCALIBIT may provide limited administrative assistance for initial mail server setup or verification as a paid service. Such assistance does not constitute ongoing management, monitoring, or responsibility for email deliverability or reputation.

Ongoing maintenance, compliance, monitoring, and reputation management remain solely the Customer’s responsibility.

6. EXCESSIVE RESOURCE CONSUMPTION AND NETWORK ABUSE

Customers may not use SCALIBIT Services in any manner that results in excessive, disproportionate, or abusive consumption of system resources or network capacity, or that otherwise degrades the performance, availability, stability, or security of SCALIBIT Services, the infrastructure on which such services operate, or other customers.

Unless explicitly designated as dedicated, isolated, or unmetered, all SCALIBIT Services are subject to reasonable operational limits designed to preserve service stability and infrastructure integrity. The absence of an express numerical limit does not imply unlimited usage or permission to consume resources in a manner that causes harm, instability, or operational risk.

6.1 Prohibited Resource Abuse

The following activities constitute excessive use or abuse of SCALIBIT Services and are strictly prohibited, without limitation:

• Operating or facilitating open, public, anonymous, or high-load proxy services, anonymization gateways, traffic relays, or similar systems that generate sustained or abusive network load.

• Running persistent background processes, daemons, bots, scripts, or automated workloads that continuously consume CPU, memory, disk I/O, or network resources in a manner inconsistent with normal infrastructure usage.

• Hosting or operating high-bandwidth services such as public file distribution platforms, mirrors, mass download services, streaming platforms, or content delivery workloads that disproportionately consume network capacity without prior written authorization.

• Conducting large-scale crawling, scraping, harvesting, indexing, or automated querying activities that generate sustained resource exhaustion or service instability.

• Executing benchmarking, stress testing, load testing, or performance testing against SCALIBIT Services, the underlying infrastructure, or upstream networks without explicit prior written approval.

• Maintaining non-essential persistent network connections, socket floods, idle connection loops, or similar patterns intended to reserve or exhaust system or network resources.

• Operating or facilitating any form of cryptocurrency mining, validation, or blockchain consensus activity — including but not limited to CPU or GPU mining, proof-of-work (PoW), proof-of-stake (PoS), staking nodes, validator infrastructure, mining pools, or embedded mining code — is strictly prohibited on all SCALIBIT Services.

• Utilizing GPU or CPU resources in a manner that causes persistent thermal throttling, hardware instability, or bypasses resource isolation mechanisms to negatively impact the performance of other customers ("Noisy Neighbor" effect).

6.2 Network Abuse and Traffic Manipulation

Customers must not engage in any form of network abuse, interference, or manipulation, including but not limited to bandwidth saturation, packet flooding, SYN floods, ICMP floods, excessive API polling, malformed packet transmission, or protocol abuse.

Unauthorized port scanning, packet sniffing, traffic interception, probing, reconnaissance, or intrusion attempts against any SCALIBIT Service, or against the upstream data center providers and regional carriers where the Customer-controlled servers and services are physically hosted, are strictly prohibited.

The use of tunneling, traffic obfuscation, protocol manipulation, or routing techniques intended to disguise traffic origin, evade detection, bypass safeguards, or facilitate prohibited activity constitutes a violation of this Acceptable Use Policy.

Initiating, participating in, facilitating, amplifying, or directing any form of denial-of-service (DoS) or distributed denial-of-service (DDoS) attack — including traffic floods, reflection or amplification attacks, or resource-exhaustion techniques — is strictly prohibited and constitutes a material breach of this Policy.

6.3 Service-Level Indicators, DDoS Events, and Enforcement

SCALIBIT does not operate, control, or perform any form of network-level traffic monitoring, packet inspection, flow analysis, interception, or deep packet inspection. All routing, switching, packet handling, transit traffic, and DDoS mitigation infrastructure are operated exclusively by the upstream data center providers and regional carriers where the Customer-controlled servers and services are physically hosted.

Notwithstanding the foregoing, SCALIBIT may observe service-level operational indicators necessary to maintain service stability and contractual compliance, including but not limited to: system health signals, resource saturation alerts, service availability status, automated abuse notifications, upstream provider alerts, and incidents reported by upstream data center providers or network infrastructure providers.

Such indicators do not include packet contents, payload data, destination information, browsing activity, communication metadata, NetFlow records, or traffic telemetry. SCALIBIT does not generate, collect, store, or retain any network-layer logs or packet-level data.

Distributed denial-of-service (DDoS) attacks and volumetric traffic floods are mitigated, filtered, or null-routed solely by the upstream data center providers and network infrastructure providers. In the event of a DDoS incident affecting a Customer’s Service, SCALIBIT may coordinate with upstream providers to apply temporary mitigation measures, traffic filtering, or null-routing as required to protect network stability. Such actions may result in service interruption and are not considered service failures. Any costs, fines, penalties, or overage charges imposed by upstream data center providers or network infrastructure providers due to inbound or outbound DDoS attacks or traffic anomalies associated with the Customer’s Service shall be the sole responsibility of the Customer.

Where service-level indicators, upstream notifications, or verified abuse reports demonstrate excessive resource consumption, service instability, policy violations, or risk to infrastructure integrity, SCALIBIT may take immediate corrective action at its sole discretion.

Corrective actions may include, without limitation: resource throttling, process termination, service isolation, traffic filtering, IP null-routing, temporary suspension, or permanent termination of Services. Enforcement actions may be taken with or without prior notice where necessary to protect operational stability, upstream compliance, or legal obligations.

SCALIBIT is under no obligation to provide detailed telemetry, traffic data, or forensic evidence in connection with enforcement actions, as such data is not generated or controlled by SCALIBIT. Decisions made under this Section are final and not subject to dispute.

SCALIBIT is under no obligation to provide detailed telemetry, traffic data, or forensic evidence in connection with enforcement actions, as such data is not generated or controlled by SCALIBIT. Decisions made under this Section are final, non-negotiable, and do not entitle the Customer to any credits, refunds, or claims for damages due to service interruption or data loss.

6.4 Customer Responsibility and Security Obligations

Customers are solely responsible for implementing appropriate security controls, rate limiting, resource constraints, firewall rules, and abuse-prevention measures to ensure their systems do not participate in or facilitate abusive activity, whether intentionally or due to compromise.

Failure to secure systems that repeatedly generate excessive load, abuse traffic, or service instability — including as a result of malware, misconfiguration, or negligent administration — may result in immediate suspension or termination without refund.

6.5 Legal, Regulatory, and Upstream Cooperation

Where excessive usage, network abuse, cybercrime, or service disruption implicates legal, regulatory, or upstream provider obligations, SCALIBIT may preserve limited service-level records, restrict traffic, or isolate affected services and cooperate with competent authorities or upstream providers as required by applicable law.

Any such cooperation shall be limited to the minimum scope required and conducted in accordance with applicable data protection, privacy, and lawful disclosure frameworks as set forth in the Terms of Service.

Nothing in this Section limits SCALIBIT’s right to enforce this AUP, the Terms of Service, or to take any action necessary to protect its infrastructure, customers, or contractual obligations.

7. RESOURCE USAGE AND CUSTOMER RESPONSIBILITIES

Customers are solely responsible for the operation, configuration, security, and resource usage of all Customer-controlled services, including but not limited to Dedicated Servers and Bare Metal, GPU Servers (including Dedicated GPU Servers, GPU Cloud Instances, and AI/HPC workloads), Virtual Machines (VMs) (including VPS and VDS), Cloud Servers (including Dedicated Cloud Server environments), Cloud Compute (Standard Performance, High Performance, High Frequency), and Optimized Cloud Compute (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized).

System resources such as CPU, GPU, memory (RAM), disk I/O, storage capacity, and network bandwidth must not be consumed in a manner that causes service degradation, instability, abuse conditions, or disruption to SCALIBIT Services, the upstream data center providers where such services are physically hosted, or other customers.

SCALIBIT does not guarantee uninterrupted performance, resource availability, or capacity beyond the technical specifications of the purchased Service. The absence of an explicit numerical limit does not imply unlimited usage or permission to consume resources in a manner that creates operational, technical, legal, or reputational risk.

7.1 Customer-Managed Environments

For all infrastructure-based services, including GPU Servers and AI/HPC workloads, SCALIBIT acts solely as an infrastructure hosting provider. Customers retain full administrative, technical, and operational control over their systems, including operating systems, applications, workloads, models, datasets, data, access credentials, and security configurations.

SCALIBIT does not access, monitor, manage, or maintain Customer data, applications, workloads, models, or software, except where expressly required by a valid legal obligation or where limited administrative access is explicitly requested by the Customer for a clearly defined support task. The Customer acknowledges that all Services are "Unmanaged" or "Self-Managed" unless otherwise specified in a separate service agreement. SCALIBIT’s support is limited to infrastructure-level availability and power/network delivery.

Customers are solely responsible for system updates, security patching, hardening, access control, firewall configuration, intrusion prevention, and protection against malware or unauthorized access. SCALIBIT shall not be liable for any damage, data loss, compromise, or service interruption resulting from Customer misconfiguration, negligence, or failure to maintain secure systems.

7.2 Backup and Data Preservation Responsibility

SCALIBIT does not provide automatic, managed, or guaranteed backups for any infrastructure- based Services, including GPU Servers and AI/HPC workloads. All backup creation, verification, storage, retention, and restoration processes are the sole responsibility of the Customer.

Customers must maintain independent, off-platform backups sufficient to restore data, models, configurations, and services in the event of accidental deletion, corruption, compromise, misconfiguration, software failure, or hardware malfunction.

SCALIBIT shall not be held responsible or liable for data loss, corruption, or unavailability under any circumstances, including but not limited to hardware failure, GPU failure, RAID controller malfunction, storage media degradation, power interruption, or force majeure events.

7.3 Hardware Failure and Service Limitations

While SCALIBIT utilizes enterprise-grade hardware, including specialized GPU hardware, no hardware or storage medium is immune to failure. Hardware replacement, repair, or component swaps are performed by the upstream data center providers and are subject to their specific Service Level Agreements (SLAs) and replacement timelines. SCALIBIT shall not be liable for delays caused by upstream provider maintenance schedules or component availability. Hardware replacement, repair, or component swaps do not include data recovery, model recovery, or workload preservation unless explicitly stated in the Service description.

Customers acknowledge that hardware failure may result in partial or total data loss and agree that maintaining recoverable backups is their sole responsibility.

7.4 System-Level Security, IP Hygiene, and Compliance

Customers must maintain accurate and compliant configurations for DNS, reverse DNS (rDNS), IP usage, email authentication (SPF, DKIM, DMARC), and all network-facing services. Failure to remediate abuse complaints, IP reputation issues, or security incidents may result in suspension, isolation, or permanent termination of Services.

Any remediation costs, administrative actions, or third-party fees incurred as a result of abuse, misuse, or repeated policy violations may be charged to the Customer in accordance with the Terms of Service.

7.5 Unauthorized Infrastructure Use

Operating unauthorized services or workloads — including but not limited to file repositories, high-volume data storage platforms, content distribution systems, AI model resale or rehosting, benchmarking tools, stress or load testing frameworks, or similar activities that impose disproportionate load — is strictly prohibited and constitutes excessive resource usage.

Any unlawful, abusive, or fraudulent activity originating from Customer-controlled environments, including GPU and AI workloads, is the sole responsibility of the Customer. SCALIBIT reserves the right to suspend or terminate Services and to cooperate with competent authorities and upstream infrastructure operators where required by law or contractual obligation.

Failure to maintain secure configurations, apply updates, or prevent recurring abuse or policy violations may result in immediate suspension, throttling, or permanent termination without refund.

AI Compliance and Intellectual Property: Any unlawful, abusive, or fraudulent activity originating from Customer-controlled environments, including GPU and AI workloads, is the sole responsibility of the Customer. Customer represents and warrants that their use of GPUs for AI model training or inference complies with all applicable intellectual property laws and AI regulations. SCALIBIT shall not be liable for any copyright infringement or regulatory violations arising from Customer-generated AI outputs or models.

8. UNAUTHORIZED SYSTEM ACCESS

Customers may not directly or indirectly use the Services to gain unauthorized access to, interfere with, disrupt, or compromise the integrity, availability, or security of any system, network, or data. This prohibition applies to all SCALIBIT Services, including but not limited to Dedicated Servers and Bare Metal, GPU Servers (including Dedicated GPU Servers, GPU Cloud Instances, and AI/HPC workloads), Virtual Machines (VMs) (including VPS and VDS), Cloud Servers (including Dedicated Cloud Server environments), Cloud Compute, and Optimized Cloud Compute.

Unauthorized access includes any attempt to access, probe, manipulate, or interfere with systems, networks, or services operated by SCALIBIT, the upstream data center providers and regional carriers where the Customer-controlled servers and services are physically hosted, or any systems lawfully connected to or interacting with such environments.

8.1 Prohibited Access Activities

The following activities are strictly prohibited, without limitation:

• Accessing or attempting to access any system or network without authorization, including but not limited to probing, port scanning, fingerprinting, vulnerability scanning, or bypassing authentication or security controls;

• Launching, participating in, or facilitating attacks against any system or network, including Denial of Service (DoS), Distributed Denial of Service (DDoS), brute-force attacks, packet flooding, amplification attacks, or resource exhaustion;

• Intercepting, monitoring, capturing, modifying, or tampering with data, traffic, or communications without lawful authority or explicit consent;

• Spoofing, forging, or misrepresenting identity or network information, including IP addresses, MAC addresses, protocol headers, or routing information, to disguise origin or evade security controls;

• Using automated, scripted, or unauthorized methods — including scraping, crawling, indexing, data mining, bots, macros, brute-force tools, or similar technologies — to access, collect, or manipulate SCALIBIT websites, APIs, systems, or Client Area without explicit written authorization;

• Attempting to exploit, disable, evade, or interfere with any security mechanism, access control, abuse detection, or protective measure implemented by SCALIBIT or upstream infrastructure operators;

• Deploying or distributing malware, viruses, worms, trojans, ransomware, keyloggers, rootkits, backdoors, or any software intended to damage, disrupt, surveil, or gain unauthorized control over systems or data.

8.2 Enforcement and Immediate Actions

Any attempt to gain unauthorized access, compromise system security, disrupt service stability, or interfere with network operations — whether detected through automated system health signals, external abuse reports, or notifications from upstream data center providers and carriers — may result in immediate suspension or termination of the affected Service without prior notice.

SCALIBIT reserves the right to disable affected systems, restrict network access, isolate services, or null-route traffic where necessary to protect infrastructure integrity, upstream compliance, or other customers. Restoration of Services may require completion of a security review, administrative assessment, and may be subject to non-refundable reactivation or remediation fees.

8.3 Customer Security Obligations

Customers are solely responsible for maintaining secure system configurations, applying timely security updates and patches, protecting credentials, and ensuring that their systems, workloads, and IP addresses are not used to perform or facilitate unauthorized access attempts.

Failure to implement appropriate security controls or to prevent recurring unauthorized activity — including as a result of compromise, misconfiguration, or negligence — may result in immediate suspension, permanent termination, or account closure without refund.

Failure to implement appropriate security controls or to prevent recurring unauthorized activity — including as a result of compromise, misconfiguration, or negligence — may result in immediate suspension, permanent termination, or account closure without refund. SCALIBIT shall not be liable for any data loss, encryption (ransomware), or unauthorized exfiltration resulting from Customer’s failure to secure their own environment.

8.4 Prohibition on Concealment and Anonymization

Customers must not use SCALIBIT Services or assigned IP addresses to bypass, mask, anonymize, or conceal the origin of attacks, network traffic, or identity. The operation or promotion of proxy, VPN, tunneling, or anonymization services that facilitate or conceal unauthorized access, intrusion, or network abuse is strictly prohibited.

8.5 Legal and Contractual Consequences

Violations of this Section may result in enforcement actions, penalties, or liquidated damages under the applicable enforcement provisions of the Terms of Service. SCALIBIT may also cooperate with competent law enforcement authorities, regulators, upstream data center providers, or network operators where required by applicable law or contractual obligation.

Nothing in this Section limits SCALIBIT’s right to take any action necessary to protect its infrastructure, upstream relationships, legal position, or customers, or to enforce compliance with this AUP and the Terms of Service.

9. DATA STORAGE, BACKUPS, AND RETENTION

SCALIBIT provides infrastructure-based services only. Unless expressly stated otherwise in a specific Service description, SCALIBIT does not provide managed storage, archival services, or guaranteed backup solutions for Customer-controlled environments.

Customers are solely responsible for determining appropriate data storage strategies, retention policies, and backup architectures suitable for their workloads, risk profile, and compliance requirements.

9.1 No Use of Services as Backup or Archive Repositories

Customer-controlled Services may not be used primarily as backup repositories, file archives, long-term storage vaults, or passive data retention systems where such usage is inconsistent with the intended operational purpose of the Service or results in disproportionate storage, I/O, or network utilization.

SCALIBIT reserves the right to restrict, throttle, or suspend Services where storage usage patterns negatively impact system stability, infrastructure integrity, or upstream provider requirements.

9.2 Customer Backup Responsibility

The following Services do not include automatic, managed, or guaranteed backups:

• Dedicated Servers and Bare Metal

• GPU Servers, including Dedicated GPU Servers, GPU Cloud Instances, and AI/HPC workloads

• Virtual Machines (VMs), including VPS and VDS

• Cloud Servers, including Dedicated Cloud Server environments

• Cloud Compute (Standard Performance, High Performance, High Frequency)

• Optimized Cloud Compute (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized)

Customers must independently design, implement, verify, and maintain their own backup solutions, including off-platform or off-site backups sufficient to restore data and services in the event of accidental deletion, corruption, compromise, misconfiguration, software failure, or hardware malfunction.

SCALIBIT shall not be liable for any data loss, corruption, or unavailability under any circumstances.

9.3 Hardware Failure and Data Loss

While SCALIBIT utilizes enterprise-grade hardware and infrastructure deployed within facilities operated by upstream data center providers, no hardware, storage medium, or component is immune to failure. Disk failures, RAID degradation, controller malfunctions, power interruptions, or other hardware incidents may result in partial or total data loss. The Customer acknowledges that hardware-level redundancy (such as RAID) is a mechanism for service continuity only and does not constitute a backup.

Hardware replacement, component swaps, or system recovery efforts do not include data recovery, restoration, or preservation unless explicitly stated in the applicable Service description.

9.4 Data Retention and Service Termination

For all Customer-controlled Services, no customer data is retained after service termination, cancellation, suspension, or re-provisioning.

Upon termination or cancellation of a Service, all data — including data stored on local disks, attached volumes, temporary storage, snapshots, caches, or ephemeral resources — is permanently and irreversibly deleted and cannot be recovered. Due to the automated nature of infrastructure management by upstream data center providers, this deletion may occur immediately and automatically upon service expiration or termination.

Customers are solely responsible for exporting, migrating, or backing up all data prior to service termination. SCALIBIT assumes no responsibility for data recovery after termination under any circumstances.

9.5 Operational Intervention

SCALIBIT reserves the right to intervene, restrict storage usage, isolate Services, or take corrective action where storage behavior or data usage patterns pose a risk to infrastructure stability, upstream compliance, or contractual obligations.

Nothing in this Section limits SCALIBIT’s rights under the Terms of Service, including provisions relating to suspension, termination, abuse enforcement, or infrastructure protection.

10. CRYPTOCURRENCY MINING AND BLOCKCHAIN VALIDATION

The mining, validation, or facilitation of any cryptocurrency or blockchain-based asset is strictly prohibited across all SCALIBIT Services and infrastructure.

SCALIBIT determines whether a workload constitutes prohibited mining or blockchain-related activity at its sole and absolute discretion, based on resource consumption patterns, process signatures, network behavior, or notifications from upstream data center providers.

• Dedicated Servers and Bare Metal

• GPU Servers, including Dedicated GPU Servers, GPU Cloud Instances, AI/HPC clusters, and accelerator-based workloads

• Virtual Machines (VMs), including VPS and VDS

• Cloud Servers, including Dedicated Cloud Server environments

• Cloud Compute

• Optimized Cloud Compute

The prohibition includes, but is not limited to: proof-of-work (PoW) mining, proof-of-stake (PoS) validation, staking nodes, validator infrastructure, mining pools, hash-rate resale, embedded or hidden mining code, browser-based mining, containerized mining workloads, and any software, process, or service designed to utilize CPU, GPU, memory, storage, or network resources for cryptocurrency generation, consensus participation, or blockchain validation.

Any attempt to disguise, obfuscate, or indirectly facilitate mining or validation activity — including through proxy workloads, workload chaining, traffic tunneling, or resource masking — constitutes a violation of this Section.

Hardware Damage and Liquidated Damages: Cryptocurrency mining causes excessive heat and premature hardware degradation. Any Customer found violating this Section agrees to pay liquidated damages to cover hardware wear and tear, administrative costs, and potential fines from upstream providers. Such damages shall be no less than $500.00 per instance or the actual cost of hardware replacement, whichever is greater.

Any Service found to be engaging in, facilitating, or benefiting from prohibited mining or blockchain validation activity may be immediately suspended, isolated, or permanently terminated without prior notice and without refund.

SCALIBIT reserves the right to take additional enforcement actions, including but not limited to: service null-routing, infrastructure isolation, contractual termination, and cooperation with upstream data center providers, carriers, financial intelligence units (FIUs), and competent authorities where required by law or contractual obligation.

No refunds, credits, or service extensions shall be issued for suspensions or terminations arising from violations of this Section.

11. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

Customers may not use SCALIBIT Services to infringe upon the intellectual property rights of any third party. This includes, without limitation, the unauthorized copying, distribution, or hosting of copyrighted works such as software (including warez), movies, music, books, photographs, source code, or proprietary AI datasets and models. The sale, promotion, or facilitation of counterfeit, pirated, or unlawfully copied goods is strictly prohibited.

Neutral Infrastructure Provider Status: SCALIBIT operates solely as a provider of interactive computer services and neutral infrastructure. Pursuant to 47 U.S.C. § 230 (CDA) and 17 U.S.C. § 512 (DMCA), SCALIBIT does not create, edit, or monitor User Content. As an infrastructure-level provider, we have no technical access to Customer-controlled data, encrypted workloads, or AI model checkpoints and cannot perform content-level inspection or selective removal.

11.1 Copyright Complaints and Reporting

If you believe your intellectual property rights are being infringed, you may submit a complaint to copyright-complaints@scalibit.com. Since SCALIBIT does not manage or control the underlying data within the Services, legal and infringement notices are typically forwarded to the Customer for immediate resolution.

11.2 DMCA Notices (United States)

For formal claims under the DMCA (17 U.S.C. § 512), SCALIBIT follows a notice-and-takedown procedure. Official notices must be submitted to our designated agent at copyrightclaims@scalibit.com in accordance with our DMCA Copyright Policy. General DMCA inquiries may be sent to dmca@scalibit.com.

Customer Obligation: Customers must investigate and remediate reported infringement within forty-eight (48) hours. Failure to act may result in SCALIBIT disabling access or terminating the Service. SCALIBIT shall not be liable for any data loss or business interruption resulting from good-faith compliance with DMCA or legal takedown requests, even if the material is later found to be non-infringing.

11.3 AI-Generated Content and Training Data

Any content, datasets, or models created, hosted, or trained using Artificial Intelligence (AI) are classified as User Content. The Customer bears sole legal responsibility for ensuring that AI workloads do not infringe upon third-party copyrights, trademarks, or personality rights. SCALIBIT does not perform originality, derivative work, or fair-use analysis for AI-generated outputs.

11.4 Repeat Infringer Policy

In accordance with applicable laws, SCALIBIT maintains a policy of terminating, in appropriate circumstances, the accounts of Customers who are deemed to be repeat infringers or who demonstrate a willful disregard for intellectual property rights.

12. DMCA AND INTELLECTUAL PROPERTY COMPLIANCE PROCEDURES

SCALIBIT respects the intellectual property rights of others and operates as a neutral infrastructure provider. We process claims of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Nothing in this Section obligates SCALIBIT to independently monitor or investigate Customer content; enforcement actions are taken solely based on valid notices, upstream notifications, or legal requirements.

12.1 Notice, Forwarding, and Technical Limitations

Upon receipt of a valid and complete DMCA-compliant notice, SCALIBIT’s role is limited to forwarding the notice to the affected Customer for response and remediation. As SCALIBIT does not have administrative access to Customer-controlled environments (including Dedicated Servers, Bare Metal, Virtual Machines, Cloud Environments, and GPU Instances), SCALIBIT cannot technically access, modify, or delete specific files or content within a Customer’s system.

Customers are required to investigate and remediate reported material within forty-eight (48) hours. If a Customer fails to comply or respond within this timeframe, SCALIBIT reserves the right to suspend or terminate network access to the entire Service to ensure legal compliance.

12.2 Required Elements of a Valid Notice

To be processed, a notice must be submitted in writing to SCALIBIT’s Designated Agent and include: (i) a physical or electronic signature; (ii) identification of the infringed work; (iii) identification of the infringing material and technical info sufficient to locate it (e.g., IP address and timestamp); (iv) complainant’s contact info; (v) a "good-faith belief" statement; and (vi) a statement under penalty of perjury that the info is accurate. Incomplete notices may be rejected.

12.3 Repeat Infringers and Disclosure

SCALIBIT reserves the right to suspend or terminate Services of any Customer determined to be a repeat infringer. In appropriate circumstances, SCALIBIT may terminate Services based on a single confirmed instance of severe infringement.

SCALIBIT may preserve or disclose limited administrative records (e.g., account identifiers) related to a complaint only where required by a valid subpoena, court order, or as permitted under our Information Requests Policy. Any such disclosure is limited to the minimum scope required by law.

12.5 Designated DMCA Agent

SCALIBIT.COM - Designated Copyright Agent
Email: copyrightclaims@scalibit.com
Registered with the U.S. Copyright Office pursuant to 17 U.S.C. § 512(c)(2).

13. BACKUPS AND DATA RESPONSIBILITY

SCALIBIT provides infrastructure-based services only. Customers are granted full administrative control over their servers and environments. No managed, automatic, integrated, or platform-level backup services are provided with any SCALIBIT Service.

SCALIBIT utilizes enterprise-grade hardware and data center infrastructure; however, SCALIBIT does not guarantee data integrity, availability, durability, or recoverability in the event of hardware failure, disk failure, RAID controller malfunction, power interruption, software error, human error, misconfiguration, cyber incidents, or force majeure. The Customer acknowledges that hardware-level redundancy (such as RAID) is a mechanism for service continuity only and does not constitute a backup.

The following services do not include any backup services provided by SCALIBIT:

• Dedicated Servers and Bare Metal

• GPU Servers (Dedicated GPU Servers, GPU Cloud Instances, AI/HPC workloads)

• Virtual Machines (VPS, VDS)

• Cloud Servers (including Dedicated Cloud Server environments)

• Cloud Compute (Standard Performance, High Performance, High Frequency)

• Optimized Cloud Compute (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized)

Customers are solely and fully responsible for designing, implementing, maintaining, verifying, and securing their own backup and data protection strategies. SCALIBIT does not create, store, manage, monitor, verify, retain, or validate backups, snapshots, volumes, replicas, or system images on behalf of Customers. IT IS THE CUSTOMER’S SOLE AND ABSOLUTE RESPONSIBILITY TO BACK UP ALL DATA. UNDER NO CIRCUMSTANCES SHALL SCALIBIT BE LIABLE FOR ANY DATA LOSS, DATA CORRUPTION, OR DATA UNAVAILABILITY, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION.

Immediate Deletion Upon Termination: Upon service termination, cancellation, suspension, or re-provisioning, all Customer data is permanently and irreversibly deleted. SCALIBIT does not retain data, snapshots, disks, volumes, or system states after termination. Due to the automated nature of infrastructure management by upstream data center providers, this deletion may occur immediately and automatically. Data recovery is not possible under any circumstances.

This policy applies uniformly across all SCALIBIT services, regions, and data center locations and is implemented in accordance with applicable data protection and privacy laws, including GDPR and CCPA where applicable.

14. NO SECURITY VIOLATIONS

Customers may not use the Services to violate, compromise, or attempt to compromise the security, integrity, confidentiality, or availability of any infrastructure, server, virtualized environment, cloud service, network component, software platform, or related system (each, a “System”). Such activities pose a direct threat to SCALIBIT’s network, the upstream data center providers, and other Internet users.

Prohibited activities include, without limitation:

14.1 Harmful or Malicious Software

Uploading, distributing, executing, or facilitating any content, software, script, workload, container, or code designed to damage, disrupt, interfere with, intercept, expropriate, or gain unauthorized control over any System or data. This includes, without limitation, viruses, malware, spyware, adware, trojans, worms, logic bombs, ransomware, cryptominers, rootkits, backdoors, or similar malicious mechanisms.

14.2 Unauthorized Access

Accessing, attempting to access, probing, scanning, enumerating, or testing the vulnerability of any System, service, network, account, or data without explicit authorization, including bypassing or attempting to bypass authentication, isolation boundaries, access controls, or security safeguards.

14.3 Interception and Surveillance

Monitoring, capturing, intercepting, mirroring, recording, or analyzing data, traffic, communications, or signals within or transiting any System or network without proper authorization. As SCALIBIT does not operate, control, or perform network-level traffic monitoring or packet inspection, any security violations detected via notifications from upstream data center providers or regional carriers where the Services/servers are physically hosted shall be deemed verified knowledge for enforcement purposes.

14.4 Falsification or Obfuscation of Origin

Using forged, falsified, misleading, or manipulated headers, routing information, IP addresses, source identifiers, or other technical attributes to disguise origin, evade detection, bypass safeguards, or misrepresent traffic, workload behavior, or system activity.

Any attempt to compromise, disrupt, or interfere with the stability, security, or availability of SCALIBIT Services, upstream networks, or third-party systems may result in immediate suspension or permanent termination of Services without prior notice. Decisions made under this Section are final and do not entitle the Customer to any credits or refunds.

SCALIBIT reserves the right to take all necessary enforcement actions, including service isolation, traffic restriction, IP null-routing, and cooperation with upstream data center providers and regional carriers where the Services and servers are physically hosted. SCALIBIT shall not be held liable for any data loss, service interruption, or business damage resulting from security-related enforcement actions taken in good faith to protect its network or comply with the requirements of its providers.

15. NO NETWORK ABUSE

Customers may not use the Services to initiate unauthorized network connections, disrupt network operations, interfere with traffic flows, or engage in any activity that degrades, destabilizes, or abuses SCALIBIT Services, the infrastructure of upstream data center providers where Services and servers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed.

Prohibited activities include, without limitation:

15.1 Monitoring, Crawling, and Harvesting

Performing monitoring, crawling, scraping, indexing, harvesting, or automated data extraction against any system, service, website, API, or network component in a manner that impairs, overloads, disrupts, or circumvents access controls or usage limitations.

15.2 Deceptive or Fraudulent Network Activity

Engaging in phishing, social engineering, credential harvesting, impersonation, spoofing, Internet scams, or any deceptive technique designed to obtain information, access, or value through misrepresentation or concealment.

15.3 Network Interference and Attacks

Interfering with, disrupting, or degrading network operations, including but not limited to flooding, packet amplification, broadcast attacks, mail bombing, resource exhaustion, or conducting Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks.

15.4 Abuse-Enabling Network Services

Operating open or unrestricted network services that are commonly abused by third parties, including but not limited to open proxies, open mail relays, open recursive DNS resolvers, unauthenticated VPN gateways, or Tor exit nodes.

15.5 Circumvention of Network Restrictions

Attempting to bypass, evade, or defeat technical limitations, rate limits, quotas, filters, controls, safeguards, or enforcement mechanisms applied by SCALIBIT or the upstream data center providers and regional carriers.

15.6 Retaliatory or Targeted Abuse

Engaging in any activity intended to retaliate against, intimidate, or cause harm to SCALIBIT, its personnel, or its providers, including actions that result in SCALIBIT systems or IP addresses becoming the target of network attacks or blocklisting.

15.7 Identity Obfuscation for Abuse

Concealing, falsifying, or misrepresenting identity or technical attribution for the purpose of abuse, including forged headers, misleading IP attribution, or falsified contact information.

15.8 Excessive Resource or Network Usage

Consuming bandwidth, CPU, GPU, or network capacity in a manner that adversely impacts other customers or infrastructure stability. Such conduct is governed in conjunction with Section 6 (Excessive Resource Consumption and Network Abuse).

15.9 Cryptocurrency Mining and Blockchain Abuse

Any form of cryptocurrency mining, staking, or blockchain-related activity is strictly prohibited and governed in conjunction with Section 10 (Cryptocurrency Mining and Blockchain Validation).

15.10 Illegal or Fraudulent Network Use

Using SCALIBIT Services or IP addresses to facilitate, conceal, or support illegal activity, including identity theft, payment fraud, or the processing of proceeds derived from unlawful activity.

Any violation of this section may result in immediate suspension, isolation, null-routing, or permanent termination of Services without prior notice. Decisions regarding network abuse are made based on service-level indicators and notifications from the upstream data center providers and regional carriers where the infrastructure is physically hosted and IP addresses are announced; SCALIBIT shall not be liable for any service interruption resulting from such enforcement.

16. VULNERABILITY TESTING AND SECURITY ASSESSMENTS

Customers may not probe, scan, test, assess, exploit, or attempt to bypass the security of any SCALIBIT infrastructure, network segment, service component, platform, IP addresses, or the upstream data center providers where Services and servers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed, without SCALIBIT’s prior written authorization.

This prohibition applies regardless of intent and includes both passive and active techniques, whether performed manually or through automated tools. Testing against a Customer's own allocated environment is also prohibited if such activity impacts the stability or security of the shared network or the underlying infrastructure.

16.1 Prohibited Testing Activities

Unauthorized security testing includes, but is not limited to:

• Port scanning, service enumeration, fingerprinting, or banner grabbing;

• Vulnerability scanning, exploit testing, or penetration testing;

• Load testing, stress testing, traffic simulation, or benchmarking that impacts network or system stability;

• Malware analysis, sandbox detonation, or payload execution on live infrastructure;

• Testing that affects SCALIBIT systems, upstream data center providers, regional carriers, or other customers.

16.2 Authorization Requirement

Any form of vulnerability testing, penetration testing, or security assessment may only be conducted after receiving explicit written authorization from SCALIBIT. Authorization must specify the scope, methodology, timing, target systems, and duration of the permitted testing.

Testing performed outside the approved scope, timeframe, or methodology shall be treated as unauthorized activity, regardless of prior approvals. Authorization from SCALIBIT does not exempt the Customer from liability for any damage caused to the upstream infrastructure or third parties during the test.

16.3 Enforcement and Consequences

Unauthorized vulnerability testing is considered a serious security violation and may result in immediate suspension, isolation, null-routing, or permanent termination of Services without prior notice.

SCALIBIT reserves the right to report unauthorized testing activities to upstream data center providers and regional carriers where required by law or contractual obligation.

16.4 Customer Responsibility

Customers are responsible for ensuring that their personnel, contractors, automated tools, and third-party services do not perform unauthorized testing or scanning activities from or against SCALIBIT infrastructure.

Any testing activity originating from Customer-controlled environments shall be presumed to be authorized by the Customer. SCALIBIT shall not be liable for any service interruption, IP blocklisting, or hardware failure resulting from Customer’s own testing or assessment activities.

17. SERVER ABUSE AND PROHIBITED ACTIVITIES

Any attempt to undermine, disrupt, degrade, interfere with, or cause harm to any SCALIBIT server, service, network segment, or the infrastructure of upstream data center providers where Services and servers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed, is strictly prohibited.

Customers are strictly and solely responsible for all activities conducted through their Services, servers, accounts, and assigned IP addresses. SCALIBIT bears no responsibility for actions performed by or on behalf of Customers.

17.1 Resource Abuse and Operational Impact

Any workload, service, script, process, or activity that consumes excessive CPU, GPU, memory, disk I/O, storage capacity, or network bandwidth — resulting in service degradation, instability, or risk to infrastructure — constitutes server abuse. SCALIBIT’s decision on what constitutes resource abuse is final and binding.

SCALIBIT may, at its sole discretion, apply corrective actions including throttling, isolation, traffic filtering, null-routing, suspension, or permanent termination of Services, with or without prior notice. No refund shall be issued for enforcement actions taken under this Section.

17.2 Unauthorized Access and Intrusion

Attempting to access, probe, scan, monitor, exploit, or compromise any SCALIBIT system, service, or the upstream data center providers and regional carriers where infrastructure is physically located, is strictly prohibited. This includes, without limitation: port scanning, brute-force attacks, packet sniffing, or any intrusion attempts against any system or network.

17.3 Illegal, Harmful, or Abusive Content

The use of SCALIBIT Services to host, transmit, process, distribute, or facilitate illegal, harmful, abusive, or fraudulent content or activity is strictly prohibited. This includes, but is not limited to: child sexual abuse material (CSAM), terrorism-related material, hate or extremist content, phishing, malware distribution, or any activity intended to exploit or harm others.

17.4 Identity Obfuscation and Anonymization Abuse

Using SCALIBIT Services or IP addresses to conceal, falsify, or mask identity or traffic origin for illegal or policy-violating purposes is strictly prohibited. This includes operating VPNs, proxies, or Tor exit nodes where such use facilitates or conceals prohibited activity.

17.5 Malware and Exploit Operations

Hosting, deploying, distributing, or operating malware, ransomware, command-and-control infrastructure, or any software designed to compromise or damage systems or data is strictly prohibited.

17.6 Legal Compliance and Sanctions

Customers must comply with all applicable local, national, and international laws, including export control regulations and trade restrictions. Use of SCALIBIT infrastructure to provide services to sanctioned entities or jurisdictions — including those restricted under United States OFAC programs — is strictly forbidden. The Customer represents and warrants that they are not located in, or a national of, any restricted country.

17.7 Enforcement and Cooperation

SCALIBIT reserves the right to take immediate enforcement action and to cooperate fully with upstream data center providers, regional carriers, and competent authorities as required by law. As SCALIBIT does not have administrative access to Customer environments or content, enforcement under this Section is typically limited to service-level restrictions (suspension, isolation, or termination) based on verified abuse reports or notifications from providers where infrastructure is physically hosted. For enforcement procedures and penalties, Customers are directed to the applicable provisions of the Terms of Service.

18. BLACKLISTING AND IP REPUTATION

Customers acknowledge and agree that if any IP address, subnet, or IP range assigned by SCALIBIT to a Customer’s Service becomes listed on any third-party abuse database, reputation system, or blacklist — including but not limited to Spamhaus, Barracuda, SpamCop, or UCEPROTECT — such listing constitutes a material violation of this Policy. Maintaining the reputation of IP resources is critical, as these addresses are assigned and announced by the upstream data center providers and routed through regional carriers.

Customers are strictly and solely responsible for all traffic, content, activity, and behavior originating from their assigned IP addresses, servers, and environments, including activity generated by applications, users, scripts, or third-party software operating under the Customer’s control. SCALIBIT bears no responsibility for reputation damage caused by Customer workloads.

18.1 Responsibility for IP Reputation

Maintaining clean, reputable, and abuse-free use of assigned IP resources is the sole responsibility of the Customer. SCALIBIT does not control, influence, or override the independent decisions of third-party blacklist operators or reputation services.

Blacklisting may occur as a result of spam activity, malware distribution, misconfigured services, open relays, compromised systems, or other policy violations, regardless of whether such activity originates directly from the Customer or from third-party users or systems operating within the Customer’s environment. Any blacklisting shall be deemed a breach of Service.

18.2 Enforcement and Remediation Fees

To protect network reputation, upstream infrastructure providers, and overall service integrity, SCALIBIT reserves the right to take immediate corrective action, including:

• Temporary or permanent suspension of affected Services;

• Restriction of outbound traffic or blocking of specific ports (including Port 25/SMTP);

• Replacement or withdrawal of assigned IP addresses subject to a non-refundable administrative fee;

• Imposition of delisting or administrative fees starting at $50.00 per listing, or the actual cost charged by the upstream provider, whichever is greater.

All delisting efforts, remediation actions, and associated third-party fees shall be borne exclusively by the Customer. SCALIBIT shall not be liable for any delivery failures or business loss during the remediation period.

18.3 Mail and Traffic Restrictions

If an assigned IP address negatively impacts mail delivery, network reputation, or operational stability — whether affecting SCALIBIT, upstream providers, or other customers — SCALIBIT may immediately restrict or suspend outbound traffic flow until the issue is fully resolved. Failure to cooperate with remediation requests may result in permanent termination without refund.

18.4 IP Ownership and Reclamation

All IP addresses, subnets, and ranges assigned to Customers remain the exclusive property of SCALIBIT or its upstream infrastructure providers. IP resources may be reclaimed, reassigned, or withdrawn at any time in cases of misuse, abuse, reputation damage, or to comply with upstream provider reclamation policies.

This Section applies uniformly to all SCALIBIT infrastructure-based Services, including Dedicated Servers, Bare Metal, GPU Servers, Virtual Machines (VPS, VDS), Cloud Servers, Cloud Compute, and Optimized Cloud Compute Services.

19. MONITORING, ENFORCEMENT, AND COOPERATION

SCALIBIT reserves the right, but does not assume any obligation, to investigate, enforce, or take action in response to violations of this Acceptable Use Policy (AUP), the Terms of Service, or applicable law.

SCALIBIT does not operate, control, or perform network-level traffic monitoring, packet inspection, interception, or surveillance. All network routing, switching, packet handling, and transit traffic are operated exclusively by the upstream data center providers where Services and servers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed.

19.1 Scope of Monitoring and Operational Visibility

Notwithstanding the foregoing, SCALIBIT may observe and evaluate limited service-level and operational indicators strictly necessary to maintain infrastructure stability, contractual compliance, and abuse prevention. Such indicators may include, without limitation:

• Service availability and operational status;

• Infrastructure health signals and capacity-related alerts;

• Automated abuse notifications or incident reports received from upstream data center providers and regional carriers;

• Basic IP assignment metadata and account-level administrative records;

• Verified third-party abuse complaints or legally valid notices.

SCALIBIT does not generate, collect, store, or retain packet contents, traffic payloads, browsing histories, NetFlow or flow telemetry records, deep packet inspection (DPI) data, or real-time network traffic analytics.

19.2 Upstream Infrastructure Signals and Abuse Notifications

While SCALIBIT does not perform packet inspection, traffic interception, content reconstruction, or real-time traffic monitoring, the upstream data center providers and network operators where the Services are physically hosted and IP addresses are assigned and announced may implement their own network protection, abuse-detection, and incident-response mechanisms in accordance with their contractual, operational, and legal obligations.

Where abuse signals, operational alerts, or verified reports are received from such upstream infrastructure operators or regional carriers — including but not limited to spam activity, denial-of-service attacks, malware distribution, scanning attempts, or other policy violations — SCALIBIT may review such notifications and may take administrative or enforcement action in accordance with this AUP and the Terms of Service.

Any such action may be taken based solely on upstream notifications, third-party abuse reports, operational risk indicators, or legal obligations, without SCALIBIT performing packet-level inspection, traffic reconstruction, or content monitoring of Customer traffic.

19.3 Investigation and Enforcement Actions

Where a violation of this AUP, the Terms of Service, or applicable law is suspected or confirmed, SCALIBIT may, at its sole discretion, take appropriate enforcement action, including but not limited to:

• Issuing warnings or remediation requests;

• Restricting, suspending, or terminating affected Services;

• Withdrawing, replacing, or reassigning IP address allocations;

• Applying service isolation, traffic filtering, or port-level restrictions;

• Preserving limited account-level records for compliance or investigation.

Enforcement actions may be taken with or without prior notice where reasonably necessary to protect infrastructure integrity, upstream obligations, legal compliance, or the rights and services of other customers. No refund shall be issued for enforcement actions taken under this Section.

19.4 Cooperation with Authorities and Third Parties

SCALIBIT may cooperate with competent law enforcement authorities, regulators, upstream infrastructure operators, or third-party abuse response teams when required by applicable law, court order, binding legal process, or where reasonably necessary to mitigate abuse or unlawful activity.

Any cooperation or disclosure shall be limited to information lawfully available to SCALIBIT and restricted to the minimum scope required. SCALIBIT cannot provide network traffic data, packet- level records, telemetry, or content that it does not generate, store, or control.

19.5 Data Preservation and Evidence Handling

SCALIBIT may preserve or retain limited account-level records, abuse reports, billing information, IP assignment metadata, and related administrative data for internal investigation, regulatory compliance, or legal proceedings, in accordance with applicable law and the Privacy Notice.

SCALIBIT has no obligation to retain Customer content, system data, logs, or backups following suspension, termination, cancellation, or expiration of Services.

19.6 Customer Responsibility and Indemnification

Customers are solely and fully responsible for all activities conducted through their Services, servers, accounts, and assigned IP addresses. Any unlawful, abusive, or policy-violating use of the Services is strictly prohibited.

Customers agree to indemnify and hold harmless SCALIBIT, its affiliates, officers, employees, and contractors from any claims, damages, losses, liabilities, costs, or expenses arising from or related to violations of this AUP, the Terms of Service, or misuse of the Services.

20. SECURITY RESPONSIBILITIES

Customers are solely and fully responsible for maintaining the security, confidentiality, and integrity of their servers, environments, credentials, applications, and data hosted on SCALIBIT infrastructure.

All activities performed through Customer-controlled Services, servers, accounts, and assigned IP addresses are the sole responsibility of the Customer, whether conducted directly by the Customer or by any third party acting under the Customer’s control, authorization, or negligence.

20.1 Access Control and Credential Security

Customers must take all reasonable and industry-standard measures to prevent unauthorized access to their Services, including but not limited to the use of strong authentication credentials, multi-factor authentication where available, restricted administrative access, and secure key management.

Sharing, disclosing, or reusing access credentials in an insecure manner is strictly prohibited. Customers remain fully responsible for all actions performed using their credentials, regardless of whether such actions were authorized.

20.2 System Hardening and Software Management

Customers are solely responsible for the configuration, hardening, patching, updating, and maintenance of all operating systems, applications, scripts, containers, images, plugins, and third-party software deployed on their Services.

SCALIBIT does not manage, audit, verify, or warrant the security, functionality, or integrity of any Customer-installed software, code, or configuration.

20.3 Prohibited Security Violations

Customers may not use SCALIBIT Services to breach, attempt to breach, or interfere with the security of any system, service, network, or data — including SCALIBIT infrastructure, the upstream data center providers where Services and servers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed.

20.4 Incident Responsibility and Liability

Customers acknowledge that the Internet is an inherently insecure environment and that no system can be made completely secure. Customers are solely responsible for safeguarding their data, credentials, cryptographic keys, and confidential information.

SCALIBIT shall not be responsible for unauthorized access, compromise, data loss, or service disruption resulting from Customer misconfiguration, weak security practices, vulnerable software, or third-party actions.

20.5 Enforcement and Cooperation

Any activity that compromises or threatens the security, stability, or integrity of SCALIBIT infrastructure or other customers may result in immediate suspension or termination of Services, without prior notice, and without refund.

SCALIBIT reserves the right to cooperate with competent authorities, regulators, and upstream data center providers and regional carriers where the infrastructure is physically located where required by applicable law or binding legal process.

20.6 Lawful Use

SCALIBIT Services may be used solely for lawful purposes. Any unlawful, unauthorized, or abusive use of the Services is strictly prohibited and may result in enforcement action under this AUP and the Terms of Service.

21. CHILD SEXUAL ABUSE MATERIAL (CSAM), CHILD EXPLOITATION, AND BESTIALITY

SCALIBIT enforces a strict zero-tolerance policy toward any material or activity that constitutes, depicts, promotes, facilitates, or is reasonably suspected to involve child sexual abuse material (CSAM), child pornography, child erotica, sexual exploitation of minors, grooming, or bestiality (zoophilia).

This prohibition applies to all formats and media, including but not limited to images, videos, audio recordings, written descriptions, drawings, animations, computer-generated or AI-generated content, deepfake or simulated media, metadata, links, or any derivative or transformative material. The use of SCALIBIT’s GPU or Cloud infrastructure to generate, train, host, or process AI models or datasets intended for the creation or distribution of CSAM is strictly prohibited.

21.1 Prohibited Use and Technical Limitations

The use of SCALIBIT Services to create, store, host, cache, distribute, advertise, promote, link to, transmit, or otherwise make available any content falling under this Section is strictly prohibited.

As SCALIBIT does not have administrative access to Customer-controlled environments or data within the Services, SCALIBIT cannot perform content-level inspection, selective removal, or modification of specific files. Upon discovery or credible notification, SCALIBIT may, without prior notice, immediately disable access to the affected Services or permanently terminate the Service to ensure compliance with federal and international law.

21.2 Mandatory Reporting and Cooperation

In accordance with 18 U.S.C. § 2258A, SCALIBIT will report any actual knowledge of apparent violations of 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A to the CyberTipline operated by the National Center for Missing & Exploited Children (NCMEC), as well as to other competent law enforcement authorities.

SCALIBIT will fully cooperate with upstream data center providers and legal authorities to preserve administrative records and evidence to the extent permitted by its technical architecture and applicable law. SCALIBIT may also report suspicious or borderline material involving minors even where such material may not meet a narrow statutory definition.

21.3 Account Responsibility and Termination

Violations of this Section will result in immediate termination without refund and a permanent ban. Customers, resellers, and sub-account holders are responsible for promptly disabling any content found to be in violation.

Failure by a reseller or parent account to take immediate corrective action (typically within four (4) hours) may result in the suspension or termination of the entire reseller or parent account, including all associated Services and downstream infrastructure.

21.4 Reporting Procedure

Do not transmit suspected CSAM material directly to SCALIBIT. To report suspected violations involving SCALIBIT-hosted Services, please contact abuse@scalibit.com and include the relevant IP address, URL, file path, and timestamp.

Reports concerning content not hosted by SCALIBIT should be directed to appropriate agencies or recognized organizations such as ASACP.

21.5 Legal Consequences and Jurisdictional Authority

Violations of this Section may result in criminal prosecution under the federal laws of the United States and the laws of the jurisdictions where SCALIBIT’s upstream infrastructure is physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed. SCALIBIT shall not be liable for any data loss resulting from good-faith compliance with mandatory reporting or takedown requirements.

22. U.S. EXPORT LAWS AND SANCTIONS COMPLIANCE

22.1 Applicability of U.S. Export Laws

Use of the Services by you and/or your End Users is subject to United States export control, re-export, and economic sanctions laws and regulations, including but not limited to those administered by the U.S. Department of Commerce (Bureau of Industry and Security — BIS), the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State (including ITAR), and other relevant U.S. federal authorities (collectively, “U.S. Export Laws”).

22.2 Sanctioned Countries and Restricted Jurisdictions

You may not use, access, host, resell, or provide SCALIBIT Services — directly or indirectly — in violation of U.S. Export Laws, including to or for the benefit of any embargoed, comprehensively sanctioned, or otherwise restricted country, region, or territory, including but not limited to Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Donetsk (DPR), or Luhansk (LPR) regions of Ukraine.

22.3 Restricted Parties and Representations

You represent and warrant that: (1) you are not located in, resident in, or ordinarily resident in any sanctioned country or region; (2) you are not listed on any U.S. or international restricted-party list, including the OFAC Specially Designated Nationals (SDN) List, Sectoral Sanctions Identifications (SSI) List, Denied Persons List, Entity List, Unverified List, or ITAR-restricted party lists; and (3) you will not, directly or indirectly, sell, export, re-export, assign, transfer, divert, license, host, or otherwise make the Services available to any prohibited user, entity, or jurisdiction.

22.4 Absolute Prohibition — No Exceptions

Under no circumstances does SCALIBIT authorize or permit the provision of Services, directly or indirectly, to any comprehensively sanctioned country, region, or territory, including Cuba, Iran, North Korea, Syria, Russia, Belarus, Crimea, Donetsk (DPR), or Luhansk (LPR), or to any individual or entity designated on OFAC, BIS, ITAR, SDN, SSI, Denied Persons, Entity List, or similar restricted-party lists.

No contractual approval, reseller agreement, third-party routing, VPN access, anonymization technology, or obfuscation request may override this prohibition.

22.5 Controlled Technologies and Dual-Use Restrictions

You may not collect, store, transmit, or host any software, technical data, or information subject to export restrictions under U.S. law, including EAR §744, ITAR, or dual-use military regulations.

SCALIBIT Services may not be used for the design, testing, deployment, training, or transfer of military, nuclear, chemical, biological, or other controlled technologies, including missile systems, unmanned aerial vehicles (UAVs), cyber-intelligence software, battlefield communications systems, or weapons-related AI research and modeling.

22.6 Sanctions Evasion, Cryptocurrency, and Anonymization Services

SCALIBIT Services may not be used to operate, host, support, or facilitate any cryptocurrency mixing, tumbling, anonymization, sanctions-evasion, or darknet-related service, including but not limited to Tornado Cash, Blender.io, Sinbad.io, ChipMixer, or Helix, or any other virtual currency mixer or anonymization platform designated or sanctioned by OFAC, BIS, FinCEN, the U.S. Department of Justice, the United Nations, the European Union, or the UK HM Treasury.

This prohibition extends to the use of privacy-enhancing cryptocurrencies, anonymity-focused wallets, DeFi exploit platforms, cross-chain laundering mechanisms, or any system designed to obscure user identity, asset origin, or transactional traceability where such use would violate applicable sanctions or export laws.

22.7 TOR, Darknet, and Obfuscation Technologies

The use of SCALIBIT infrastructure for TOR exit nodes, I2P routing, darknet gateways, anonymization proxies, VPN chaining, or privacy-enhancing technologies designed to obscure user identity, geographic location, or transactional origin is strictly prohibited. As SCALIBIT does not perform network-level traffic monitoring or packet inspection, any violation detected via external reports, verified abuse intelligence, or notifications from upstream data center providers shall result in immediate enforcement action.

22.8 Enforcement and Legal Cooperation

If SCALIBIT determines or reasonably suspects a violation of applicable sanctions or export control laws, SCALIBIT may immediately suspend or terminate your account without notice or refund. SCALIBIT reserves the right to cooperate with upstream data center providers where infrastructure is physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed, to ensure compliance with international law and reporting obligations.

22.9 Conflicts of Law

If you access SCALIBIT Services from any jurisdiction outside the United States, you are responsible for ensuring compliance with all applicable local laws, provided such laws do not conflict with U.S. Export Laws. In the event of any conflict, U.S. Export Laws shall prevail.

For more information, please refer to official resources:
• U.S. Department of the Treasury — OFAC Sanctions
• Bureau of Industry and Security (BIS) — Export Administration Regulations (EAR)
• U.S. Department of Commerce — Export Controls and Compliance

See also Section 42 of the Terms of Service (U.S. Export Laws) for complementary and legally binding provisions.

23. IP ADDRESSES AND NETWORK REPUTATION

IP addresses used in connection with the Services are allocated, assigned, or announced through address space originating from Regional Internet Registries (RIRs) and are administratively controlled either by SCALIBIT or by the upstream data center providers where the Services and servers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed. All IP allocations, quantities, and eligibility are further governed by TOS §13 (IP Addresses).

All assigned IP addresses are provided solely as temporary, non-transferable usage rights for the duration of the active Service term and do not constitute ownership by the Customer. Upon suspension, termination, or expiration of Services, all IP addresses immediately revert to the administrative control of the originating provider or SCALIBIT. IP addresses may not be sold, assigned, transferred, pledged, sublicensed, or otherwise disposed of by the Customer.

SCALIBIT reserves the right to modify, replace, withdraw, or reassign any IP address(es) for operational, technical, regulatory, routing, or abuse-mitigation reasons, including upstream block changes or RIR requirements. SCALIBIT shall not be liable for configuration changes, propagation delays, or third-party caching effects resulting from such IP changes.

23.1 Justification, Utilization, and RIR Compliance

Customers must comply with all applicable Regional Internet Registry (RIR) policies (ARIN, RIPE NCC, APNIC, AFRINIC, LACNIC) regarding IP justification and utilization. Where multiple IP addresses are assigned, Customers must utilize at least eighty percent (80%) of their assigned addresses within thirty (30) days as required under TOS §13.1. SCALIBIT may reclaim under-utilized, improperly justified, or abused IP addresses without refund to maintain compliance with RIR and internal allocation policies.

23.3 BGP and Customer-Owned IP Announcements

Where Customers announce their own IP space via SCALIBIT’s network (BGP/LOA), the responsibilities defined in TOS §13.3 apply in full. The Customer is strictly prohibited from "route flapping" or "IP hijacking." Any violation of RIR policy or this AUP may result in immediate suspension or permanent revocation of IP assignments without refund. SCALIBIT acts solely as a technical intermediary and does not monitor traffic related to Customer-owned IP space.

23.3 Email Hygiene, PTR, and Technical Prohibitions

Customers are fully responsible for all activity originating from their assigned IP addresses. Customers must maintain accurate DNS and reverse DNS (PTR) records and reasonable email hygiene practices, including SPF, DKIM, and DMARC. Reverse DNS delegation is provided at SCALIBIT’s discretion and may be revoked in cases of abuse. Customers are prohibited from engaging in IP spoofing, operating open relays, unsolicited bulk messaging, network scanning, or brute-force attacks.

23.4 Blacklist Remediation and Administrative Fees

Customers are solely responsible for the reputation and deliverability of traffic originating from their assigned IPs. SCALIBIT does not control third-party reputation systems (Spamhaus, Barracuda, Proofpoint, UCEPROTECT). In accordance with TOS §13.2, if Customer misuse results in blacklisting, the Customer shall be billed for delisting efforts at a rate of $100.00 USD per hour, with a minimum one-hour charge per incident, plus any third-party fees or upstream remediation costs starting at $50.00 per listing.

23.5 Legal Responsibility and Data Disclosure

SCALIBIT shall not be liable for any unlawful activity, regulatory action, or civil claim arising from the use of assigned IP addresses. As emphasized in the TOS, SCALIBIT does not collect, retain, or have access to any network-level traffic logs, packet data, or connection traces, which are managed exclusively by the upstream data center operators. Any disclosures are strictly limited to the minimum administrative data necessary to satisfy valid and lawful requests.

Nothing in this Section obligates SCALIBIT to provide a dedicated IP address. Use of IP addresses is further governed by AUP §24 (Customer Responsibilities) and TOS §29 (Abuse, Spam & Enforcement).

24. CUSTOMER’S RESPONSIBILITIES

24.1 Legal and Policy Compliance

You are responsible for ensuring that all materials, content, software, data, and activities conducted through your Services comply with this Acceptable Use Policy (AUP), the Terms of Service (TOS), and all applicable local, state, and federal laws of the United States, as well as all applicable foreign, national, and international laws and regulations, including those of the countries where SCALIBIT’s servers, infrastructure, and upstream data center providers are physically hosted and IP addresses are assigned and announced, or the networks of regional carriers through which traffic is routed.

This responsibility extends to all actions performed by your employees, contractors, resellers, end users, sub-users, automated systems, or any third party acting under your account, credentials, or assigned IP address space.

24.2 No Content Review or Monitoring

SCALIBIT does not review, edit, approve, pre-screen, or monitor any content, software, data, or network activity hosted, transmitted, or processed through its Services. Accordingly, SCALIBIT assumes no liability for inaccurate, unlawful, harmful, offensive, infringing, or otherwise prohibited material or transactions originating from Customer-controlled systems.

As SCALIBIT does not perform packet inspection, traffic reconstruction, or surveillance, SCALIBIT assumes no liability for inaccurate, unlawful, or prohibited transactions originating from Customer-controlled systems.

You are solely responsible for all content, data, applications, and network activity associated with your account or assigned IP addresses.

24.3 Technical Competence Requirement

Use of SCALIBIT Services requires a reasonable level of technical knowledge in Internet protocols, DNS, routing, security, and server management. You acknowledge that you possess or will independently obtain the skills required to securely configure, operate, and maintain your Services.

SCALIBIT does not provide system administration training, consultancy, or application-level management beyond the scope of standard support defined in the Terms of Service.

24.4 Services and Assigned IP Addresses

You are solely responsible for the lawful and proper use of your Services, including all activities conducted through any assigned IP addresses. This includes compliance with all technical, security, and policy obligations described in this AUP and the Terms of Service.

• Comply with this Agreement (AUP and TOS), applicable laws and regulations (including anti-spam, data protection, export control, and sanctions laws), and applicable Regional Internet Registry (RIR) policies (e.g., ARIN, RIPE NCC) regarding IP justification and utilization (see TOS §§13 and 29).

• Maintain accurate DNS and reverse DNS (PTR) configurations where applicable, and proper email authentication practices (SPF, DKIM, DMARC). Deliverability, blocklisting, and IP reputation are solely your responsibility. Administrative or third-party remediation costs may apply (see TOS §29).

• Secure all systems, keep software and services updated, protect credentials and access keys, promptly remediate vulnerabilities, and ensure no operation of open relays, open proxies, VPNs, anonymizers, or tunneling services used for abuse or evasion.

• Honor the non-transferability, reassignment, and utilization requirements of IP addresses (see TOS §§13 and 29).

• Maintain independent, off-site backups of all critical data at all times. SCALIBIT does not guarantee data restoration (see TOS §§24.1 and 24.2).

• Promptly respond to abuse, security, or compliance notifications and cooperate during investigations. Failure to respond or remediate may result in filtering, rate-limiting, null-routing, suspension, or termination in accordance with TOS §§31.10.1 and 33.

24.5 Strictly Prohibited Activities

You must not use the Services to transmit, host, operate, promote, or otherwise engage in any illegal, harmful, fraudulent, or prohibited activity. The following activities are strictly prohibited without exception:

• Online gambling, betting, lotteries, or games of chance

• Unlicensed or illegal casinos, sportsbooks, or wagering platforms

• Cryptocurrency mining, mining pools, proof-of-work farming, or hash-rate resale operations

• Cryptocurrency mixing, tumbling, laundering, privacy obfuscation, or sanctions-evasion services

• Phishing, malware distribution, botnets, carding, fraud, or identity theft

• Escort services, prostitution, adult sexual services, pornography, or erotic content of any kind

• Child sexual abuse material (CSAM), child erotica, grooming, or exploitation

• Warez, torrenting, P2P file sharing, or copyright infringement

• Spam, unsolicited bulk messaging, or deceptive marketing

• Hate speech, extremist propaganda, or incitement to violence

These prohibitions apply regardless of customer intent, geographic location, claimed legality in another jurisdiction, or technical implementation.

24.6 Security Obligations

You are responsible for maintaining the security of your servers, applications, and accounts. This includes timely patching, secure configurations, strong authentication practices, and appropriate access controls. Failure to implement reasonable security measures may result in suspension or termination of Services.

24.7 Legal Disclosure and Cooperation

SCALIBIT may, upon receipt of a lawful and verifiable request, disclose administrative account data and identification to the minimum extent required by law. SCALIBIT cannot provide network traffic data, packet-level records, telemetry, or content that it does not generate, store, or control. Any such records, if they exist, are managed exclusively by the upstream data center providers and network infrastructure providers.

24.8 Intellectual Property Responsibility

You are solely responsible for ensuring that all content, software, applications, data, websites, and materials hosted, transmitted, or made available through the Services do not infringe any third-party intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade names, patents, or trade secrets.

SCALIBIT does not verify ownership, licensing, or authorization of any Customer-provided content or materials and assumes no responsibility for determining whether such content infringes the rights of any third party.

In the event of a valid, lawful, and verifiable complaint, notice, or legal request alleging intellectual property infringement, SCALIBIT may take appropriate action in accordance with applicable law, including content restriction, service suspension, or disclosure of limited account information to competent authorities where legally required.

25. CUSTOMER RESPONSIBILITY FOR CUSTOMER’S USERS

Each SCALIBIT Customer is fully responsible for the actions, conduct, and activities of its representatives, employees, contractors, resellers, and End Users (collectively, “Users”). By using SCALIBIT Services, you agree to ensure that all Users comply with this Acceptable Use Policy (“AUP”), the Terms of Service (“TOS”), and all applicable local, state, and federal laws of the United States, as well as all applicable foreign, national, and international laws and regulations, including the jurisdictions of the countries where upstream data center providers are located, where Services and servers are physically hosted and assigned IP addresses are announced, or where the networks of regional carriers through which traffic is routed are operated.

This responsibility includes compliance with laws and regulations governing data protection, cybersecurity, telecommunications, export controls, sanctions, and intellectual property rights.

If you provide, resell, sub-allocate, or otherwise grant third parties access to SCALIBIT Services — including but not limited to Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Servers, Cloud Backup), Cloud Compute (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), or IP Address Resources (assigned, leased, or announced IPv4/IPv6 space) — you must establish and enforce your own terms, policies, or acceptable use rules that are no less restrictive than SCALIBIT’s AUP and TOS.

You remain fully responsible for promptly responding to, investigating, and resolving all abuse, security, or legal complaints arising from your Users’ activities, including any misuse, unlawful conduct, or policy violations originating from assigned or announced IP addresses. As SCALIBIT does not perform packet inspection, traffic monitoring, or content surveillance of the Services, SCALIBIT assumes no liability for User-generated conduct or content.

Complaints or reports concerning violations by your Users may be forwarded to your designated abuse or administrative contact for immediate action. You must cooperate fully with SCALIBIT in investigating, mitigating, and remediating any reported abuse, security incident, or policy violation originating from your account or Users.

If SCALIBIT determines, in its sole discretion, that you or your Users have violated this AUP or the TOS, or that your Users’ activities create risk, harm, legal exposure, or reputational damage to SCALIBIT, its network, upstream providers, or other customers, SCALIBIT reserves the right to suspend or terminate affected Services, apply network restrictions (including filtering or null-routing), or take other remedial actions without prior notice.

You acknowledge that SCALIBIT may, upon receipt of an official, lawful, and verifiable request from competent authorities, disclose administrative identification data to the minimum extent required by law. SCALIBIT cannot provide network traffic data, packet-level records, telemetry, or content traces related to your Users, as SCALIBIT does not generate, store, or have access to such information; any such data is managed exclusively by the upstream data center operators and regional carriers.

If you lease, announce, or otherwise use IP address space provided by SCALIBIT, or announce your own IP address resources through SCALIBIT’s network (Autonomous System), you are fully responsible for ensuring compliance with applicable Regional Internet Registry (RIR) policies (including ARIN, RIPE NCC), this Acceptable Use Policy, and the Terms of Service.

This includes maintaining valid justification for IP assignments, preventing abuse, and ensuring that all traffic routed via such IP space complies with applicable U.S. federal and state laws and all relevant foreign and international regulations, including those related to cybersecurity, cybercrime, and network integrity.

Customers who announce their own IP address resources via SCALIBIT’s infrastructure must retain ownership and administrative control of those addresses, provide valid proof of assignment or authorization, and grant SCALIBIT a limited right to announce the IP space solely for the duration of the active Service. SCALIBIT shall not be liable for routing, reachability, or reputation issues resulting from third-party actions, upstream provider decisions, or RIR disputes.

In cases of abuse, regulatory violation, or legal risk, SCALIBIT reserves the right to suspend, filter, or withdraw any IP announcement or related Service to ensure compliance with applicable law and policy.

For additional details regarding enforcement, remedies, and cooperation with competent authorities, please refer to TOS §§10, 14, 15, 29, and 37, which collectively govern customer obligations, prohibited conduct, enforcement mechanisms, and lawful cooperation procedures.

26. DISCLOSURE OF INFORMATION

SCALIBIT may disclose information — including information that the Customer or its Users may consider confidential — where such disclosure is required to comply with a valid court order, subpoena, summons, warrant, regulatory request, or other lawful and verifiable governmental or judicial process.

SCALIBIT has no obligation to notify the Customer or its Users of such disclosure and, in certain circumstances, may be legally prohibited from doing so. Disclosure may also occur where reasonably necessary to protect SCALIBIT, its network, its customers, or the public from unlawful activity, abuse, security threats, or imminent harm.

SCALIBIT may, without prior notice to the Customer: (i) report suspected unlawful conduct to competent authorities; and (ii) provide relevant account-level or service-related information to law enforcement, regulatory bodies, or courts in response to an official, lawful, and verifiable request that meets applicable legal requirements.

Such disclosures are limited to the minimum scope required by law and are restricted strictly to administrative and account-level records available to SCALIBIT, such as customer identification, billing records, and IP assignment metadata. As SCALIBIT does not operate network-level monitoring, packet inspection, or traffic logging, SCALIBIT cannot provide network traffic data, communication contents, browsing histories, or connection telemetry; such data, where applicable, is managed exclusively by the upstream data center providers and network infrastructure providers.

In cases involving abuse, cybercrime, fraud, or other illegal network activity, SCALIBIT may take immediate enforcement actions — including suspension, null-routing, filtering, or termination of Services — in accordance with the Terms of Service and this Acceptable Use Policy.

SCALIBIT reviews all legal and governmental requests for authenticity, jurisdiction, and validity prior to any disclosure. Where legally permitted, SCALIBIT may notify the affected Customer after disclosure; however, such notification may be delayed or prohibited by law.

All disclosures are handled in compliance with applicable privacy and data protection laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other relevant national or international frameworks.

For detailed information regarding SCALIBIT’s procedures for handling law enforcement and legal data requests, please refer to: Law Enforcement and Legal Requests for Customer Data .

27. OTHER ABUSE

27.1 General Abuse Determination

The nature of Internet services, infrastructure usage, and abuse vectors evolves over time. SCALIBIT reserves the right, in its sole and reasonable discretion, to determine what constitutes abusive, excessive, improper, or unacceptable use of its Services, network, or infrastructure, even if such conduct is not expressly listed elsewhere in this Acceptable Use Policy.

If Customer activity negatively affects SCALIBIT’s ability to provide reliable services to other customers, creates operational, legal, regulatory, or reputational risk, demonstrates persistent misconfiguration or misuse of Services, or involves abusive behavior toward SCALIBIT personnel, SCALIBIT may take immediate enforcement action, including suspension or termination of Services, without prior notice.

27.2 Examples of Other Abuse

Examples of “Other Abuse” include, but are not limited to, the following:

• Excessive, abnormal, or sustained consumption of CPU, memory, disk I/O, network bandwidth, or other shared resources that degrades service quality, stability, or availability for other customers.

• Improper system configuration, insecure scripts, poorly designed applications, or unoptimized workloads that cause service instability, performance degradation, or denial-of-service conditions.

• Use of outdated, unpatched, or vulnerable software that results in compromise, spam transmission, malware activity, or repeated abuse incidents.

• Running unauthorized monitoring, crawling, scanning, probing, or stress-testing tools targeting SCALIBIT infrastructure or third-party systems.

• Operating cryptocurrency mining, mining pools, proof-of-work farming, or similar resource-extractive workloads on any SCALIBIT Service. Cryptocurrency mining and related activities are strictly prohibited under all circumstances.

• Engaging in harassment, intimidation, threats, or abusive conduct toward SCALIBIT staff via support tickets, email, chat systems, or any other communication channel.

• Repeated submission of unfounded, bad-faith, or abusive support, billing, or abuse complaints that disrupt normal support operations or internal processes.

27.3 Enforcement Actions

In response to Other Abuse, SCALIBIT may, at its discretion and without obligation to provide prior notice:

• Issue warnings or compliance notices;

• Apply technical limitations or resource restrictions;

• Suspend or isolate affected Services;

• Null-route IP addresses or restrict network access;

• Terminate Services permanently and refuse future service.

Immediate action may be taken where abuse poses a risk to SCALIBIT’s infrastructure, other customers, network stability, or legal compliance. No refunds, credits, or service extensions shall be issued in connection with abuse-related suspensions or terminations.

27.4 Persistent Abuse and Recordkeeping

Persistent failure to maintain secure, compliant, and properly configured systems, or any repeated conduct deemed harmful to SCALIBIT’s operations, security, or reputation, may result in permanent service termination and refusal of future service.

SCALIBIT maintains internal audit, abuse, and enforcement records strictly for operational integrity and compliance. Decisions regarding "Other Abuse" are typically based on service-level indicators and notifications received from upstream data center providers where infrastructure is physically hosted and IP addresses are assigned and announced. As SCALIBIT does not perform packet inspection or traffic logging, such enforcement actions are based solely on infrastructure health signals and verified third-party alerts.

28. ACCOUNT CONTACT DETAILS & COMMUNICATION RESPONSIBILITIES

28.1 Accurate Contact Information

From time to time, SCALIBIT may need to communicate with you regarding billing matters, service updates, network maintenance, policy changes, abuse notifications, or other important account-related issues. You are responsible for providing SCALIBIT with accurate, complete, up-to-date, and actively monitored contact information, including a valid email address and, where applicable, a valid billing contact.

You must promptly update your contact details through the client area or by notifying SCALIBIT if any of the following information changes: primary contact name, company name, billing address, email address, or telephone number. SCALIBIT shall not be responsible for communications that are delayed, misdirected, or not received as a result of inaccurate or outdated contact information.

28.2 Official Communication Channels

Official communications from SCALIBIT — including but not limited to invoices, payment reminders, suspension notices, service renewals, policy updates, and abuse or security reports — will be delivered primarily via email to the address on record. Such communications are deemed delivered once transmitted to that address.

You are solely responsible for monitoring your email inbox and ensuring that messages from SCALIBIT are not blocked, filtered, quarantined, or marked as spam by your mail systems. Failure to receive or read communications due to customer-side filtering does not relieve you of any contractual or legal obligations.

28.3 Email as Primary Legal Notice Method

Email shall constitute the primary and legally recognized method of communication between SCALIBIT and the Customer. Any communication or notice sent to the email address on record shall be deemed as a valid and binding legal notice, effective immediately upon transmission, regardless of whether the Customer has actually received, read, or opened the message.

At its discretion, SCALIBIT may also deliver notices through the client portal or other electronic channels; however, email delivery to the address on record remains the authoritative and binding point of contact.

28.4 Support, Billing, and Abuse Communications

Requests for assistance, billing inquiries, or account updates must be submitted through the official client area or by contacting the appropriate SCALIBIT department. General support inquiries may be directed to support@scalibit.com, while abuse, security, or network-related reports must be sent to abuse@scalibit.com.

Customers are required to maintain a functional abuse contact and respond to official abuse notifications within the timeframes specified in this AUP; failure to do so may be treated as a communication failure under Section 28.1.

28.5 Misuse of Communication Channels

Any misuse of SCALIBIT’s communication channels — including but not limited to the transmission of spam, threatening messages, harassment, abusive language, or unsolicited bulk communications directed at SCALIBIT staff — constitutes a violation of this Acceptable Use Policy.

Such conduct may result in account suspension, termination of Services, refusal of future service, and, where applicable, legal action.

29. ABUSE TICKETS

29.1 Abuse Notification Procedure

SCALIBIT’s standard procedure in the event of a violation of this Acceptable Use Policy (AUP) or the Terms of Service (TOS) is to contact the Customer and provide notice of the alleged violation. However, SCALIBIT reserves the right to suspend, restrict, or terminate any account, with or without prior notice, at its sole discretion, where such action is necessary to protect SCALIBIT’s network, infrastructure, reputation, or other customers.

29.2 Abuse Notices and Official Communication Channels

The Customer agrees to maintain accurate and up-to-date primary contact information, including a continuously monitored email address. All abuse-related notifications issued by SCALIBIT are sent from abuse-notice@scalibit.com and are delivered as ticket messages within the SCALIBIT client portal.

Each abuse notice will clearly identify the violation type, affected service(s) or IP address(es), a case or reference identifier, supporting evidence (where applicable), and a defined remediation deadline. Public or third-party abuse reports should be submitted to abuse-reports@scalibit.com.

29.3 Receipt, Acknowledgment, and Customer Obligations

Once an abuse notification has been transmitted to the registered contact email and posted to the client portal, it shall be deemed received by the Customer. It is the Customer’s responsibility to monitor all abuse tickets, respond promptly, and take corrective action within the remediation period specified.

Failure to receive notices due to spam filtering, misconfiguration, or unmonitored mailboxes does not relieve the Customer of responsibility and shall not excuse non-compliance.

29.4 Response Timeframes and Emergency Enforcement

SCALIBIT determines response and remediation timeframes on a case-by-case basis, generally allowing between zero (0) and forty-eight (48) hours, depending on the severity and nature of the abuse.

In critical or high-risk situations — including but not limited to spam campaigns, phishing operations, malware distribution, command-and-control activity, denial-of-service attacks, or confirmed system compromise — SCALIBIT may immediately apply network-level mitigation or suspend the affected Service without prior notice and without refund or service credit. Such emergency enforcement actions are typically triggered by infrastructure health signals, automated abuse notifications from upstream data center providers, or verified regional carrier alerts, as SCALIBIT does not perform independent packet-level traffic monitoring.

29.5 Enforcement Actions

If an abuse incident is not resolved within the specified timeframe, or if continued operation poses risk to SCALIBIT or third parties, SCALIBIT may take appropriate protective measures, including but not limited to: temporary or permanent IP null-routing, port blocking, traffic filtering, service suspension, data access restriction, or permanent termination of the affected Service.

29.6 Reseller Responsibility and Escalation

Resellers are required to promptly forward abuse notices to the relevant downstream users and ensure remediation within the deadlines specified by SCALIBIT. Repeated abuse incidents, failure to cooperate with investigations, or use of SCALIBIT Services for unlawful or harmful purposes may result in permanent account termination and refusal of future service.

29.7 Records, Appeals, and Audit Logging

All abuse communications, enforcement actions, and remediation outcomes are recorded in internal audit and abuse logs for accountability, compliance, and evidentiary purposes.

Questions, clarifications, or appeals regarding an abuse ticket must be submitted by replying directly to the ticket within the client portal or, where necessary, by contacting abuse@scalibit.com with the relevant case identifier included in the subject line.

30. OTHER SERVICES OUTSIDE SCOPE

SCALIBIT does not act as a domain name registrar, registry operator, certificate authority, or reseller of domain names or SSL/TLS certificates unless explicitly stated in a separate written agreement.

Any domain names, SSL certificates, DNS services, or third-party resources used in connection with SCALIBIT Services are obtained, managed, and maintained solely by the Customer through independent providers. SCALIBIT assumes no responsibility for registration, renewal, expiration, validation, suspension, or revocation of such third-party services.

All responsibilities related to domain ownership, WHOIS accuracy, SSL/TLS certificate validity, encryption compliance, and renewal obligations rest exclusively with the Customer and the respective third-party provider.

31. DISCLAIMER

31.1 No Duty to Monitor or Supervise

SCALIBIT is under no obligation to monitor, supervise, or actively review user activity and expressly disclaims any responsibility for misuse of the Services by Customers, Users, or End Users. As SCALIBIT does not perform packet inspection, traffic logging, or real-time network surveillance, SCALIBIT expressly disclaims any responsibility for the material, data, or network activity created, stored, maintained, or transmitted through the Services. SCALIBIT does not exercise editorial control over any content and assumes no liability for inaccurate, unlawful, or prohibited material originating from Customer-controlled systems or third parties.

31.2 Enforcement Discretion

If SCALIBIT becomes aware that any material or activity violates this Acceptable Use Policy, the Terms of Service, or applicable law, and/or may expose SCALIBIT to civil or criminal liability, SCALIBIT may — but is not required to — block access to such material, disable related Services, suspend or terminate the relevant account(s), and/or report the matter to appropriate authorities. Unless otherwise expressly stated, SCALIBIT disclaims any obligation or liability to any person or entity that has not entered into a valid service agreement with SCALIBIT.

31.3 Services Provided “As Is”

All Services are provided on an “as is”, “as available”, and “with all faults” basis. SCALIBIT, its officers, directors, employees, agents, upstream data center providers, and third-party service providers expressly disclaim all warranties — statutory, express, or implied — including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

SCALIBIT makes no representation or warranty regarding the accuracy, completeness, availability, or reliability of any data, system, or information transmitted through or hosted on its network.

31.4 Assumption of Risk

You acknowledge that your use of the Services is at your sole risk. Any data, material, or information downloaded or obtained through the Services is done at your own discretion and risk, and you are solely responsible for any damage, data loss, corruption, or service interruption resulting therefrom.

No oral or written advice or information provided by SCALIBIT or its representatives shall create any warranty, obligation, or representation not expressly stated herein.

31.5 Network, Infrastructure, and IP Address Disclaimer

This disclaimer extends to all SCALIBIT-provided infrastructure, including network services, routing systems, and IP address resources. SCALIBIT assumes no responsibility for routing instability, IP reputation, or connectivity issues originating from the upstream data center providers where Services and servers are physically hosted, or from the regional carrier networks through which traffic is routed. Nothing in this Section limits SCALIBIT’s enforcement rights or the Customer's sole responsibility for activities conducted through assigned or announced resources.

SCALIBIT assumes no responsibility for any misuse, abuse, or unlawful activity conducted through these resources by Customers, End Users, resellers, or third parties. Nothing in this Section limits SCALIBIT’s enforcement rights under TOS §29, nor the obligations and responsibilities set forth in TOS §13 (IP Addresses) and AUP §§23, 26, and 29.

31.6 Survival and Legal Effect

To the fullest extent permitted by applicable law, no oral or written statement by SCALIBIT or its affiliates shall modify this Disclaimer. This Disclaimer shall apply to the maximum extent permitted by law and shall survive the termination or expiration of your use of the Services.

Inquiries regarding this Section may be directed to SCALIBIT’s Legal Department at legal@scalibit.com.

32. SCALIBIT’S RIGHTS

32.1 Investigation and Enforcement Authority

SCALIBIT reserves the right at all times, and at its sole discretion, to investigate any actual, suspected, or alleged violations of this Acceptable Use Policy (AUP), the Terms of Service (TOS), or any applicable law or regulation.

You agree to reasonably cooperate with SCALIBIT in investigating, mitigating, and correcting any actual or alleged breach of this AUP by yourself, your Users, or any third parties acting through your systems or assigned IP address space.

32.2 Cooperation With Authorities and Third Parties

SCALIBIT reserves the right to cooperate fully with competent law enforcement agencies, regulatory authorities, upstream network infrastructure providers, upstream data center providers, and other affected parties in connection with any investigation of alleged or suspected misuse, abuse, or unlawful activity.

Such cooperation may include disclosure of limited administrative, service, or contact information, strictly in accordance with applicable law and SCALIBIT’s Privacy Policy. As SCALIBIT does not perform packet inspection or traffic logging, such disclosure is strictly limited to the administrative records and identification data available to SCALIBIT, as SCALIBIT cannot provide network traffic contents or connection telemetry.

32.3 Technical and Administrative Measures

To protect its infrastructure, network stability, and reputation, SCALIBIT may implement technical measures to detect or remediate violations. These measures may be initiated by SCALIBIT or coordinated with upstream data center providers and regional carrier networks where Services are physically hosted and routed.

Such measures may include, without limitation:

• Traffic filtering or rate limiting;

• Temporary or permanent IP null-routing;

• Port blocking or protocol restrictions;

• Service suspension or isolation;

• Withdrawal of BGP announcements;

• Account restriction or termination.

32.4 Suspension, Termination, and Remedies

At its sole discretion, SCALIBIT may suspend, restrict, or terminate any Service, revoke IP address assignments, or take any other technical or legal action it deems necessary to protect its infrastructure, reputation, or other customers from harm.

Such actions may be taken with or without prior notice, particularly where immediate action is required to address abuse, security incidents, legal exposure, or network instability.

Nothing in this Acceptable Use Policy limits or restricts SCALIBIT’s rights or remedies available under applicable law or equity, including the right to seek injunctive relief, recover damages, or refer matters to competent authorities.

32.5 No Waiver of Rights

Failure by SCALIBIT to enforce any provision of this AUP in a particular instance shall not constitute a waiver of its right to enforce that or any other provision in the future. All enforcement rights under this AUP, the Terms of Service, and applicable law are cumulative and may be exercised independently or concurrently.

33. AUTHORIZED & LAWFUL USE

33.1 Compliance With Policies and Agreements

You agree to comply at all times with this Acceptable Use Policy (AUP), the Terms of Service (TOS), the Privacy Policy, and any other policies, procedures, technical requirements, or usage guidelines issued by SCALIBIT.

You further agree to ensure that all End Users, clients, sub-users, contractors, or resellers operating under your account are bound by and comply with the same obligations.

33.2 Compliance With Applicable Laws

You must comply with all applicable local, national, and international laws and regulations, including but not limited to laws relating to:

• Data protection and privacy;

• Intellectual property and copyright;

• Export controls and economic sanctions;

• Taxation and financial compliance;

• Cybercrime, fraud, and computer misuse.

This obligation applies regardless of the Customer’s location and includes compliance with the laws of the jurisdictions where upstream data center providers hosting the Services/servers are physically located and from which assigned IP addresses are announced, or where the networks of network infrastructure providers through which traffic is routed are operated.

33.3 Lawful, Ethical, and Professional Use

You agree to use the Services solely in a lawful, ethical, and professional manner, and in a way that does not compromise the integrity, confidentiality, or availability of SCALIBIT’s infrastructure, network, or other customers’ services.

Any use of the Services for unlawful, deceptive, abusive, or harmful purposes constitutes a material violation of this AUP.

33.4 Responsibility for End Users and Resellers

You are fully responsible for the acts and omissions of all End Users, clients, resellers, or third parties using the Services under your account, credentials, or assigned IP address space.

You must promptly investigate, address, and remediate any violation or abuse reported by SCALIBIT or by third parties. Failure to do so may result in enforcement action against your account.

33.5 Enforcement and Suspension

SCALIBIT reserves the right to suspend or terminate Services without prior notice where unlawful or abusive activity is detected. As SCALIBIT does not perform packet inspection or traffic logging, such enforcement actions may be based on infrastructure health signals, verified notifications from upstream providers and regional carriers, official requests from legal authorities, valid DMCA or intellectual property infringement notices, or unresolved abuse complaints. Furthermore, any failure by the Customer to respond to SCALIBIT’s official communications, persistent non-compliance with remediation deadlines, or failure to settle outstanding invoices may result in immediate service restriction, IP null-routing, or permanent termination.

Such enforcement actions may include, without limitation, service suspension, IP null-routing, traffic filtering, or reporting the activity to competent authorities where required by law.

See also: TOS §16 (“Your Obligations”), TOS §17 (“Acceptable Use Policy”), and TOS §29 (“Abuse, Spam & Enforcement”).

34. CONSEQUENCES OF VIOLATION OF AUP

34.1 Suspension or Termination

Your Services may be suspended or terminated, with or without prior notice, upon any violation of this Acceptable Use Policy (AUP) or the Terms of Service (TOS). Violations may also be reported to the appropriate law enforcement, prosecutorial, judicial, or regulatory authorities, as required or permitted by applicable law.

If SCALIBIT determines, in its sole discretion, that you or your End Users have violated this AUP, SCALIBIT may remove, disable access to, or modify any content, data, or resource, and/or suspend or terminate your use of the Services. These rights apply even if the violation was unintentional or occurred without your authorization.

34.2 Traffic Control and Network Enforcement

SCALIBIT may intercept, filter, rate-limit, null-route, or block any traffic or content associated with your Services that is being used unlawfully or in violation of this AUP. Such actions are discretionary and may be exercised at any time without obligation to act on every occurrence.

Upstream & Network Safeguards. To protect network integrity, SCALIBIT and/or its upstream providers may immediately implement technical controls without prior notice, including but not limited to: IP black-holing/null-routing, BGP route withdrawal, port blocking, traffic filtering, or temporary removal of routing announcements. Where applicable, IP assignments may be reclaimed pursuant to TOS §13 (IP Addresses).

34.3 Preservation, Forensics, and Cooperation

SCALIBIT may preserve relevant administrative logs, snapshots, or routing metadata to investigate and mitigate abuse. SCALIBIT’s forensic capability is limited to account-level records and infrastructure telemetry, as SCALIBIT does not generate or store packet-level traffic contents or connection histories. Where required by law, SCALIBIT cooperates with competent authorities regarding data-preservation requests.

34.4 Costs, Fees, and Recovery

In addition to any other remedies available, SCALIBIT may charge its standard hourly rates, reasonable legal fees, and any associated costs (including materials and technical labor) incurred while investigating, responding to, or remediating any violation of this AUP by you or your Users.

These costs may include, without limitation: third-party delisting or remediation fees (e.g., RBL blocklist removals), upstream provider charges, emergency response or mitigation fees, and recovery of damages to SCALIBIT’s systems or reputation.

34.5 Abuse Response Obligations

A failure to respond to an email or ticket from SCALIBIT’s Abuse Department (abuse-notice@scalibit.com) within forty-eight (48) hours, or within the specific timeframe stated in the communication, may result in suspension or termination of your Services. Abuse issues must be handled via ticket or email and will generally receive a response within forty-eight (48) hours.

Failure to respond within the designated timeframe shall be interpreted as an acknowledgment of the violation and a waiver of any right to appeal the resulting enforcement action.

34.6 No Refunds and SLA Exclusions

No Refunds; SLA Exclusions. Suspensions, restrictions, or terminations resulting from AUP or TOS violations (or investigations into suspected violations) are ineligible for refunds, credits, or SLA remedies.

34.7 Restoration of Service

Restoration of Service. Re-enablement is at SCALIBIT’s sole discretion and may require: (i) root-cause analysis and a written remediation plan, (ii) verifiable corrective actions (patching, configuration changes, access controls, abuse prevention), and (iii) payment of all outstanding fees, including any applicable reactivation charges.

34.8 Responsibility for Sub-Users and End Clients

The Customer is fully responsible for all activity occurring under their account, including that of any sub-accounts, resellers, or end users. Violations originating from these entities shall be deemed violations by the Customer. SCALIBIT reserves the right to suspend or terminate any related service group if repeated or systemic abuse originates from customer-managed users or infrastructure.

34.9 Reporting Violations

If you believe you have identified a violation of this AUP, please report it to: abuse-reports@scalibit.com.

See also: AUP §§6, 15, 23, 26, 29, 32–33 and TOS §29 (Abuse, Spam & Enforcement) and §13 (IP Addresses)

35. REPORTING OF VIOLATIONS OF THIS AUP

If you become aware of any suspected or actual violation of this Acceptable Use Policy (AUP), please promptly notify SCALIBIT by providing a full explanation and all relevant supporting information. Reports should include sufficient detail (such as IP address, timestamps, logs, or URLs) to allow for proper investigation. Insufficient, incomplete, or anonymous reports may not be processed. Submission of bad-faith, malicious, or intentionally misleading abuse reports is strictly prohibited and may result in legal action or refusal of future communication.

SCALIBIT may, at its discretion, request your cooperation or additional information to help verify, stop, or remedy the violation. Abuse complaints and related inquiries should be sent to our Abuse Department at:

Email: abuse-reports@scalibit.com
Subject: “AUP Violation Report – [Your Domain or IP]”

Reports received by SCALIBIT are reviewed and prioritized based on severity, potential harm, and impact to network stability or other customers. SCALIBIT reserves the right to take appropriate action, which may include suspension, termination, or referral to competent authorities in accordance with Section 34 of this AUP and the Terms of Service.

By submitting a report, you acknowledge that SCALIBIT may share relevant technical indicators with affected customers or upstream providers. You further acknowledge that as SCALIBIT does not perform packet inspection or traffic logging, its investigative capability is restricted to administrative review and service-level indicators; therefore, SCALIBIT cannot verify the specific content of network transmissions beyond the evidence provided by the reporting party. SCALIBIT does not guarantee individual responses but reviews each report in accordance with internal procedures and applicable law.

See also: AUP §34 (Consequences of Violation) and TOS §29 (Abuse, Spam & Enforcement)

36. CHANGES TO THIS ACCEPTABLE USE POLICY

SCALIBIT reserves the right to revise, amend, or update this Acceptable Use Policy (“AUP”) at any time to reflect changes in legal, regulatory, or technical requirements, including those of the jurisdictions where upstream data centers are located and regional carrier networks are operated. Unless otherwise stated, all modifications become effective immediately upon publication on SCALIBIT’s website.

It is your responsibility to review this AUP periodically to remain informed of any changes. Continued use of the Services after the effective date of any update constitutes your binding acceptance of the revised version. If you do not agree to the updated terms, you must discontinue use of the Services.

The current and official version of this Acceptable Use Policy is always available at:
https://scalibit.com/legal/acceptable-use-policy

See also: TOS §35 (Changes to SCALIBIT’s Network) and TOS §30 (Additional Reservation of Rights)

37. CONTACT INFORMATION

If you have any questions, concerns, or reports regarding this Acceptable Use Policy (AUP) or its enforcement, please contact us at:

Abuse Reports: abuse-reports@scalibit.com (for violation reports or abuse notifications)
Legal Matters: legal@scalibit.com (for general legal or compliance matters)
Law Enforcement: legalrequests@scalibit.com (strictly for official legal information requests from authorities)
Website: https://scalibit.com/legal/acceptable-use-policy

SCALIBIT will review all communications received in good faith and respond within a reasonable timeframe in accordance with our Terms of Service and applicable laws.