Effective Date: March 1, 2025
ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) applies to all hosting services, hosting solutions, cloud services, dedicated server services, domain name services, SSL certificates, and other services and solutions made available by SCALIBIT.COM, either directly or through one of its brands (“we” or “us”), as well as its suppliers and affiliates (collectively, “Services”).
The Services covered by this AUP include, but are not limited to:
Shared Hosting: cPanel, CWPpro, and WordPress Hosting
Virtual Machines: VPS, VDS, Dedicated Cloud Servers
Cloud Services: Cloud Hosting, 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: Enterprise-grade Dedicated Servers available in multiple global locations
IP Address Services: IPv4 and IPv6 addresses assigned with Hosting, VM, Cloud, and Dedicated Server services
Domain Services: Domain Registration, Domain Renewal, Domain Transfer
Domain Name Plugins: Domain Protection / Whois Privacy, Premium DNS, etc.
SSL Certificates: Used with Hosting, Cloud, Dedicated Servers, and Domain Services
Software Services: OS licenses, Control Panels, and other Software Solutions
SCALIBIT reserves the right to introduce new services and solutions at any time. All current and future services provided by SCALIBIT are subject to this Acceptable Use Policy.
This AUP is an integral part of your agreement with us and is incorporated by reference into the terms pursuant to which we provide you the right to access or use the Services.
YOUR ACCESS TO AND USE OF THIS SERVICES ARE GOVERNED BY THIS AUP. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AUP. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES.
1. GENERAL STATEMENT
The purpose of this AUP is to set forth the expected conduct of users of the Services and the types of actions and content that are contrary to our mission and philosophies. This AUP is intended to protect the Services and our employees, customers, and end users from improper, inappropriate, abusive or illegal activity. We may suspend or terminate your right to access and use the Services if, in our sole determination, we believe you have violated this AUP.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. SCALIBIT reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
You are responsible for violations of this AUP by anyone using your account with your permission or on an unauthorized basis. You are also responsible for violations of this AUP by Your Users. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP. We may modify this AUP at any time by posting a revised version on the SCALIBIT Websites and/or Services.
Failure to abide by the terms of this AUP shall be grounds for immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this AUP all possible unacceptable uses of the Services. We reserve the right to determine, in our sole discretion, what other activities are unacceptable.
You are responsible for any and all content in and under your site, server, or account at all times. All services provided by SCALIBIT may be used for lawful purposes only.
SCALIBIT servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.
SCALIBIT is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult sites, pirated software or media, hacker programs/archives, copyrighted MP3, Warez, other copyrighted material or material protected by trade secrets and other statutes.
You may not use any of SCALIBIT’s services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to SCALIBIT if, for any reason, SCALIBIT takes corrective action with respect to your improper or illegal use of its services.
It is your responsibility to ensure that your End Users comply with the terms of this AUP. Your failure to do so constitutes a violation of this AUP.
You are responsible for the activities of your agents, representatives, and end-users ("Users") and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in SCALIBIT's sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose SCALIBIT to criminal or civil liability.
2. ACCURATE INFORMATION
You are required to provide us with accurate information. This requirement includes information you provide to us during sign up, in communications with us, through trouble tickets and in our Control Panel. Failure to provide us with accurate information is a material breach of this contract and, if not cured within the time set out in your Terms of Service (TOS), will lead to Termination. We have no liability for losses incurred by you resulting from your failure to keep your information accurate and current.
3. ILLEGAL OR ABUSIVE ACTIVITY OR CONTENT
You may not use the Services for any unlawful or abusive purpose. The Services provided by SCALIBIT may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. SCALIBIT reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, criminal, unlawful, harmful, fraudulent, infringing or offensive use or enterprise, or to transmit, store, display, distribute or otherwise make available information or content (including User Content) that is illegal, unlawful, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
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3.1 Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, tortious, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
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3.2 Infringing Content and/or Use. Content that infringes or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information, or taking information directly from SCALIBIT and/or our Users, and using it for your own personal or business purposes without permission or proper attribution. You agree NOT to attempt to resell SCALIBIT’s products and/or access to the Services without our written permission.
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3.3 Offensive Content. Content that is harmful to minors in any way, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sex acts or that promotes racism, bigotry, hatred, religious intolerance, misogyny, or physical harm of any kind against any group, individual or animal.
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3.4 Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
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3.5 False Content. Submitting any content or information that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous qualifications, or your affiliations with a person or entity, past or present, or assuming another’s identity.
4. PROHIBITED USE OR CONTENT
You are responsible for the content you upload or transmit using our products and services.
The following list of prohibited activities is not exhaustive, but is intended as a guide for your use of our products and services.
You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject SCALIBIT to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP.
Any of the following violations will result in prompt suspension and/or termination of your Service.
4.1 Unacceptable Material On Our Servers Include Without Limitation:
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Excessive resource, CPU and RAM, abuse causing degradation of server performance;
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Topsites.
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Storing personal or sensitive information, including without limitation, "Protected Health Information" as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
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Hosting or transmitting pornographic material;
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Hosting or transmitting child pornography, child erotica or material depicting bestiality, or written descriptions of any of these activities;
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Hosting, distributing or linking to child sexual abuse material (CSAM) or content that is harmful to minors (CSAM will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children);
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Content that depicts minors engaged in any activity of a sexual nature or which may otherwise harm minors;
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Activities that mislead or deceive minors into viewing sexually explicit material;
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Content or actions that attempt to defraud members of the public in any way (for example, "phishing" sites);
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Escort sites, escort listings, or escort services;
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Promoting or facilitating prostitution or sex trafficking;
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Any website related to Cannabis, CBD is strictly forbidden.
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IRC Scripts/Bots.
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IRCD (irc servers).
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Importing or exporting any material prohibited by U.S. law;
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Proxy Scripts/Anonymizers (Operating Proxy Scripts or Anonymizers).
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Using torrent clients, Peer-to-Peer (P2P) file-sharing software, or running Torrent trackers, Torrent portals, or similar software.
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Running applications that generate illegal traffic on any network.
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Engaging in spam activities, DDoS attacks, or any other abusive behavior.
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Image Hosting Scripts (similar to Photobucket or Tinypic).
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AutoSurf/PTC/PTS/PPC sites.
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IP Scanners.
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Bruteforce Programs/Scripts/Applications.
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Mail Bombers/Spam Scripts.
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Banner-Ad services (commercial banner ad rotation).
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File Dump/Mirror Scripts (similar to rapidshare).
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Commercial Audio Streaming (more than one or two streams).
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Escrow/Bank Debentures.
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High-Yield Interest Programs (HYIP) or Related Sites.
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Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme).
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Sale of any controlled substance without prior proof of appropriate permit(s).
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Prime Banks Programs.
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Lottery/Gambling Sites.
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Facilitating or advertising gambling, or any facsimile of gambling;
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MUDs/RPGs/PBBGs.
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Hacker focused sites/archives/programs.
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Facilitating, encouraging or providing assistance to any activity that engages in hacking, spreading viruses or compromises security;
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Promoting or facilitating violence or terrorist activities;
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Sites promoting illegal activities.
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Facilitating, encouraging or providing assistance to any activity that engages in defamation, slander, hate speech or any similar act;
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Monitoring the communications of others, including, but not limited to, sniffing;
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Forums and/or websites that distribute or link to warez/pirated/illegal content.
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Bank Debentures/Bank Debenture Trading Programs.
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Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
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Mailer Pro.
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Actions that might subject us to unfavorable regulatory action, liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion;
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Soliciting the performance of or directly facilitating any illegal activity;
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Instructing others in prohibited activities; and/or
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Undermining the stability of our network, our other customers, or the Internet as a whole.
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Storing a large archive of images, audio files, multimedia files, backups within the hosting account.
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Collecting or harvesting or permitting anyone else to collect or harvest any Personally Identifiable Information (PII) about any User or entity without their express consent.
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Push button mail scripts.
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Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).
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Tell A Friend Scripts.
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Anonymous or Bulk SMS Gateways.
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Crypto coin mining or any crypto coin related activities.
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PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc).
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Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
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The unauthorized access, monitoring, collection, or use of data, systems or networks.
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Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
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Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
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Content that is hateful, defamatory, derogatory or bigoted based on racial, ethnic, political grounds or which otherwise may cause or incite injury, damage or harm of any kind to any person or entity;
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Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through SCALIBIT’s servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on SCALIBIT’s servers, is prohibited. SCALIBIT accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
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Bulk email blasts or newlsetters, that exceed the hourly email limits, from SCALIBIT’s servers is prohibited.
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Purchasing lists of email addresses from 3rd parties for mailing to from any SCALIBIT-hosted domain, or referencing any SCALIBIT account, is prohibited.
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Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
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Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
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Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
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Content or actions that violate any applicable local, state, national or international law or regulation;
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Content that is threatening or invades another person's privacy or property rights or is otherwise in breach of any duty owed to a third party;
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Content or actions that infringe the trademark, copyright, patent rights, trade secret or other intellectual property rights, or any other legal rights of SCALIBIT or any third party;
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Content or actions that promote, are involved in or assist in, the conduct of illegal activity of any kind or promote business opportunities or investments that are not permitted under applicable law;
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Content that advertises or offers for sale any goods or services that are unlawful or inbreach of any national or international law or regulation;
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Content that advertises or offers for sale any goods or services the Advertiser does not have the legal right to sell; or
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Content that links to or is associated with the sale, promotion or distribution of prescription medication that violates any applicable law or regulation.
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Hosting online pharmacies.
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Promoting violence or injury.
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Using defamatory, threatening or abusive language.
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Hosting gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes.
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Violations of U.S. export control laws.
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Violation of intellectual property rights of others.
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Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message
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Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks.
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Hacking, and/or subverting, or assisting others in subverting, the security or integrity of SCALIBIT's services or systems.
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Soliciting the performance of any illegal activity, even if the activity itself is not performed.
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Directly facilitating violation of a law or regulation and/or instructing others in prohibited activities.
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Any other material SCALIBIT judges to be threatening or obscene.
In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
If you are in violation of any of the above provisions or are engaged in any other misleading or illegal activities, you agree that we may suspend, cancel, transfer or modify your use of services or individual domain names without prior notice to you.
No fees will be refunded if any of the activities mentioned above, or any other inappropriate or illegal activities, result in the suspension, transfer or other such loss your services.
4.2 By Using Any Service Provided By SCALIBIT You Agree That:
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You will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable national or local authority/regulator;
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You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities;
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All your outgoing email messages containing advertising will include an automated opt out;
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You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
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You will not make, attempt or allow any unauthorized access to SCALIBIT and/or third-party website(s), server(s), or hosting accounts and/or services;
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You will not allow any remote code execution of malicious software;
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You will not cause denial of service attacks, port scans or other endangering and invasive procedures against SCALIBIT servers and facilities or the servers and facilities of other network hosts or Internet users;
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You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
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You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
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You will not impersonate any person or entity;
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You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.
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You will not harm or seek to harm minors in any way;
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You will not host or operate an audio and/or video streaming service;
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You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;
4.3 You May Not Host Any Website, Content, Links, or Advertisements That:
Infringe on any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
Promote hatred or discrimination against any social, ethnic, religious, or other group.
Contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interfere with, limit, or damage the functionality of any software, hardware, or equipment.
Contain illegal or hacking/phreaking software (Warez).
Distribute copyrighted software that is not freely available without cost. This includes, but is not limited to, ROMs, ROM emulators, and MPEG Layer 3 files (MP3s).
Operate any kind of proxy server or other traffic-relaying programs.
Promote money-making schemes, multi-level marketing, or similar activities.
Contain torrent trackers, torrent portals, or similar software.
Facilitate or operate peer-to-peer (P2P) network systems and file-sharing systems.
Contain adult content, pornography, obscene material, unlawfully harassing content, or any material related to child abuse or sex-related merchandising.
Store or share personal data, private information, images, photos, videos, or any other identifying information of any third party, including minors, without their consent (or parental consent in the case of a minor).
Contain data or material that is unlawful, abusive, threatening, harassing, or defamatory.
Distribute fake news, misleading information, or content that is untruthful or inaccurate.
Promote, encourage, or provide any kind of support for violence or terrorism.
4.4 Zero Tolerance Adult Content Policy
SCALIBIT has a zero tolerance policy in effect for adult content. We do not allow any content considered "adult material" on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in SCALIBIT’s sole discretion. Violators of this policy will be immediately terminated without a refund.
5. NO SPAM, E-MAIL OR OTHER MESSAGE ABUSE
You agree to comply at all times with our Anti-Spam Policy. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will 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 must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. You will not take any action which directly or indirectly results in any of our IP addresses being listed on any abuse database (e.g., Spamhaus).
You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
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You must have a privacy policy or similar disclosure posted for each domain associated with the mailing;
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You must have the means to track anonymous complaints;
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You must not obscure the source of your e-mail in any manner;
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You must post an email address for complaints (such as abuse@yourdomain.com) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
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Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 48 hours of receipt of a request by the recipient or SCALIBIT;
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You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
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You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail; and
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You must honor revocations of consent and notify recipients of the same.
These mail policies apply to messages sent using the Services, or to messages sent from any System by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Services. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all of its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
6. EXCESSIVE USE OF RESOURCES OR NETWORK ABUSE
You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues or which interrupts service for other customers. Prohibited activities that contribute to excessive use, include without limitation:
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Hosting or linking to an anonymous proxy server;
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Operating a file sharing site;
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Hosting scripts or processes that adversely impact our systems;
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Utilizing software that interfaces with an Internet Relay Chat (IRC) network;
7. RESOURCE USAGE
Shared resources, such as Central Processing Unit (CPU) and memory (RAM), may not be abused while using SCALIBIT’s Services. High CPU and RAM usage may lead to the suspension of your account if it causes degradation of or interferes with other customers. You acknowledge that you or your end users will not excessively use the available server resources. SCALIBIT, at our sole discretion, may suspend any account without prior warning for excessive consumption of the server resources.
8. UNAUTHORIZED SYSTEM ACCESS
You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:
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Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
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Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS / DDoS) or other attacks);
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Intercepting or monitoring data without permission; or
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Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of SCALIBIT's website or servers for any unauthorized purpose.
9. STORAGE OF BACKUPS
Using a shared account as a backup/storage device. You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. SCALIBIT reserves the right to remove backups from your hosting account with or without notice.
10. MINING OF CRYPTOCURRENCIES
Mining of any cryptocurrency is prohibited on any SCALIBIT platform (Shared Web Hosting, WordPress Hosting, Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Servers, Dedicated Cloud Servers, and Dedicated Servers). This includes but is not limited to individual, collective, or cloud mining of any digital currency.
11. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email copyrightclaims@scalibit.com For copyright infringement claims, SCALIBIT follows the Digital Millennium Copyright Act ("DMCA") notice and takedown procedures.
12. TRADEMARK OR COPYRIGHT CLAIMS
DMCA Notice and Takedown Procedure
SCALIBIT is a service provider and respects the copyrights and other intellectual property rights of others. To the extent SCALIBIT receives a proper notice of infringement of copyright, trademark or other intellectual property, SCALIBIT reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if SCALIBIT believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
SCALIBIT expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. SCALIBIT also reserve the right to terminate an account or subscriber for even one instance of infringement.
Proper notice of infringement shall include the following information in writing to SCALIBIT’s designated agent:
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The electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
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Identification of the work that has been infringed;
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An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit SCALIBIT to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit SCALIBIT to locate that reference or link;
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Your name, address, telephone number, and email address;
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A statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
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A statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
SCALIBIT responds to valid notices of alleged copyright infringement. Copyright complaints are handled pursuant to the Digital Millennium Copyright Act (“DMCA”). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using SCALIBIT’s Services, and presenting copyright complaints.
You may send your Notice of Claimed Infringement to:
SCALIBIT.COM (SCALIBIT technology)
Copyright Agent
E-mail: copyrightclaims@scalibit.com
Please do not send other inquires or information to our Designated Agent.
13. BACKUPS
SCALIBIT utilizes high-quality servers with SSD disk drives that are regularly monitored to ensure stability and performance. However, SCALIBIT does not provide any guarantees regarding data integrity or availability in the event of hardware, disk, or server failures.
We perform weekly courtesy backups for Shared Hosting (cPanel - CWPpro and WordPress Hosting) accounts. These backups are NOT guaranteed and are taken at SCALIBIT’s sole discretion. We reserve the right to modify, discontinue, or remove this backup service at any time without prior notice. Customers are responsible for taking, storing, and protecting their own backups, and SCALIBIT shall not be held liable for any data loss.
Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Servers, Dedicated Cloud Servers, and Dedicated Servers do not include backup services. Customers are solely responsible for creating, maintaining, and storing their own backups. SCALIBIT does not provide any backup guarantees and is not liable for any data loss, hardware failures, or system malfunctions. Customers are strongly advised to store backups on external storage solutions to prevent permanent data loss.
IT IS SOLELY THE CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP THEIR FILES AND DATA HOSTED ON SCALIBIT SERVERS. UNDER NO CIRCUMSTANCE WILL SCALIBIT BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER FILES AND/OR DATA.
SCALIBIT reserves the right to charge a restoration fee if a customer requests access to any available backup. Additionally, SCALIBIT will not attempt to back up accounts exceeding 100,000 inodes (files) or 20 GB of storage. Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Servers, Dedicated Cloud Servers, and Dedicated Serversand other unmanaged services are excluded from all backup policies.
When a hosting account is canceled, SCALIBIT may retain the data for a limited time. If your account has been canceled or terminated due to non-payment, a restore may be available upon request and may require an additional fee.
It is essential that Customers backup files offline, even if they purchase or have products such as Site Backup and Restore.
You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on SCALIBIT's servers.
13.1. Shared Web Hosting
Backup Service is provided only for Shared Web Hosting and WordPress Hosting accounts as a courtesy and may be modified or terminated at any time at SCALIBIT's sole discretion.
SCALIBIT's backup service runs once every week and overwrites any of our previous backups, but we are under no obligation or duty to the Customer to do so under this Agreement.
Your use of SCALIBIT’s Services is at your sole risk. This service is provided as a courtesy. SCALIBIT is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on SCALIBIT servers. Any and all backup services provided by SCALIBIT, whether paid or not, are offered with no warranty or guarantee regarding their date, accuracy, or integrity.
13.2. Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Servers, Dedicated Cloud Servers, and Dedicated Servers
Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Servers, Dedicated Cloud Servers, and Dedicated Servers do not include backup services provided by SCALIBIT. It is solely the customer's responsibility to back up, store, and protect their data.
14. NO SECURITY VIOLATIONS
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
Prohibited activities include:
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14.1 Harmful Software. Content, software, or any other technology that may damage, interfere with, surreptitiously intercept, or expropriate any computer system, program, or data, including any viruses, malware, spyware, adware, Trojan horses, worms, or time bombs.
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14.2 Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
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14.3 Interception. Monitoring of data or traffic on a System without permission.
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14.4 Falsification of Origin. Using fake or misleading TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
15. NO NETWORK ABUSE
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
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15.1 Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled, or other harvesting or scraping of any content of the Services.
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15.2 Deceitful Actions. Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Service, or collecting, transmitting, or using information, including email addresses, screen names or other identifiers, by deceit or covert means (such as phishing, Internet scamming, password robbery, spidering, and harvesting).
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15.3 Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service (“DoS and DDoS”) attack.
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15.4 Operation of Certain Network Services. Operating open proxies, open mail relays, open recursive domain name servers, Tor exit nodes, or other similar network services.
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15.5 Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access limits and storage restrictions.
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15.6 Retaliation Against SCALIBIT. Any conduct that is likely to result in retaliation against SCALIBIT, including the Services, or SCALIBIT’s employees, officers or other agents, including engaging in behavior that results in any SCALIBIT server being the target of a DoS attack.
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15.7 Withholding Identity.Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
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15.8 Excessive Use. In the event any instance uses excessive CPU from your activities that are not otherwise prohibited, SCALIBIT reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.
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15.9 Mining of Cryptocurrencies. Mining any cryptocurrency, including but not limited to BitCoin or any similar currency, without explicit written permission.
16. VULNERABILITY TESTING
You may not attempt to probe, scan, penetrate, or test the vulnerability of a SCALIBIT system or network, or to breach the SCALIBIT security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research on or using the Services, without SCALIBIT’s prior written consent.
17. SERVER ABUSE
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. SCALIBIT holds no responsibility for the use of our clients' accounts. Any account that abuses resources and actions are not taken to desist, calls for immediate termination without any refund of payments made thus far. Any site using what we deem to be excessive CPU cycles or any other resource that causes strain to other sites may also be offered new terms. Use of our services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications systems, or telecommunications systems is also prohibited.
18. BLACKLISTING
You agree that if the SCALIBIT IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and SCALIBIT may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
19. OUR MONITORING AND ENFORCEMENT
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may:
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Investigate violations of this AUP or misuse of the Services;
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Review any User Content, and remove, disable access to, or modify any content or resource (including User Content) that violates this AUP or any other agreement we have with you for use of the Services;
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Monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.
If you violate this AUP or any other provision of the Terms of Service or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY.
Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this AUP.
In accordance with our Privacy Notice, we also may share and/or use your information to protect the safety, rights, property, or security of SCALIBIT, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that SCALIBIT, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce this Acceptable Use Policy, and our Terms of Service.
SCALIBIT does not control or endorse the Content, messages or information found in the Services and, therefore, SCALIBIT specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. SCALIBIT shall have no obligation to maintain any Content after termination of the Services.
20. SECURITY
You are solely responsible for the security of your server and your hosting account. You are also responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, employee or a malicious user or a hacker. Therefore, you must take steps to ensure that others do not gain unauthorized access to your server/account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
This AUP also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measure, data or traffic; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
You are responsible for ensuring all customer provided software installed is updated and patched following industry best practice. SCALIBIT makes no warranty express or implied for the security and operability of 3rd party software or scripts installed on your server.
You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information.
21. CHILD PORNOGRAPHY, CHILD EROTICA AND BESTIALITY
Use of the Services to disseminate or display images classified under U.S., local, provincial, federal and international laws as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org
22. U.S. EXPORT LAWS
Use of the services by you and/or your End Users is governed by U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at:
The Office of Foreign Assets Control (OFAC):
https://ofac.treasury.gov/
Bureau of Industry and Security (BIS) – Export Administration Regulations (EAR):
https://www.bis.doc.gov/index.php/about-bis/newsroom
U.S. Department of Commerce – Export Laws:
https://www.trade.gov/us-export-controls
23. IP ADDRESSES
We own the IP numbers and addresses that may be assigned to you pursuant to your use of the services. These addresses may not be assigned or transferred, and are recycled upon termination of the services. We reserve the right to change these numbers. You are required to comply with ARIN & RIPE policies and procedures regarding IP addresses.
24. CUSTOMER’S RESPONSIBILITIES
You are responsible for ensuring that materials disseminated or posted using our services comply with this AUP and relevant laws, including materials that have been posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our servers as set forth in the TOS.
25. CUSTOMER RESPONSIBILITY FOR CUSTOMER’S USERS
Each SCALIBIT customer is responsible for the activities of its users and, by accepting service from SCALIBIT, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an SCALIBIT customer will be forwarded to the SCALIBIT customer’s postmaster for action. If violations of the SCALIBIT Acceptable Use Policy occur, SCALIBIT reserves the right to terminate services with or take action to stop the offending customer from violating SCALIBIT’s AUP as SCALIBIT deems appropriate, without notice.
26. DISCLOSURE OF INFORMATION
We may disclose information, including information that you and your End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We have no obligation to inform customers or End Users that this information has been disclosed and in some cases may be prohibited by law from doing so. We also may disclose such information when it is necessary to protect us or others from harm.
27. OTHER ABUSE
The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, indicates your unfamiliarity with use of the services, or if you abuse our support staff, we may terminate your account.
28. CONTACT INFORMATION
On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to our network. It is your responsibility to provide us with a working, monitored, email address, and to update us on any changes to your account or contact information. We have no responsibility for communications misdirected as a result of your failure to provide us with correct contact information.
29. ABUSE TICKETS
SCALIBIT standard policy is to contact the Customer during which a violation of the AUP or TOS has occurred, however SCALIBIT does reserve the right to suspend or terminate an account with or without notice at its own discretion. The Customer agrees to maintain up to date primary contact email information with SCALIBIT. The violation shall be listed in the Subject of the email sent from our abuse department (abuse@scalibit.com). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to the Customer, SCALIBIT will consider that the Customer has been notified. SCALIBIT reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken.
SCALIBIT at it's own discretion will provide a range from zero to forty eight hours (0- 48 hours) for a customer to address any abuse issue. If the abuse issue is not addressed by the customer in a timely manner SCALIBIT reserves the right to take necessary steps to stop the abuse. This includes but is not limited to IP null routes, port blocking, service suspension and service termination.
30. OTHER
You must have valid and current information on file with your domain name registrar for any domain hosted on the SCALIBIT network.
31. DISCLAIMER
SCALIBIT is under no duty to monitor user’s activities, and SCALIBIT disclaims any responsibility for any User’s misuse of the Services. SCALIBIT has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that SCALIBIT becomes aware that any such material violates this AUP and/or exposes SCALIBIT to civil or criminal liability, SCALIBIT may, but is not required to, block access to such material. Unless otherwise stated in this AUP, SCALIBIT disclaims any obligation to any person who has not entered into an agreement with SCALIBIT for use of the Services.
Inquiries regarding this policy should be directed to our legal department via email: legal@scalibit.com
32. SCALIBIT'S RIGHTS
SCALIBIT reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with SCALIBIT in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. SCALIBIT further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that SCALIBIT believes is responsible for such violation. SCALIBIT may implement technical mechanisms to prevent AUP violations.
Nothing in this AUP shall limit SCALIBIT's rights and remedies at law or in equity that may be available.
33. AUTHORIZED USE
You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you, including, without limitation, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the Services in a professional manner.
34. CONSEQUENCES OF VIOLATION OF AUP
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
If we determine, in our discretion, that you have violated this AUP, we may remove, disable access to, or modify any content or resource and/or to suspend or terminate your use of the Services. We also may intercept or block any content or traffic belonging to you or to users where the Services are being used unlawfully or not in accordance with this AUP. Our right to suspend or terminate your use of the Services applies even if a violation is committed unintentionally or without your authorization. Such right is not an obligation on us to act at any given time or with respect to any given Subscriber, and we may exercise such right at any time within our sole discretion.
In addition to any other remedy we may have, we may charge you our standard hourly rates together with our reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP by you or your Users.
A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
If you feel you have discovered a violation of our AUP please report it to: abuse@scalibit.com
35. REPORTING OF VIOLATIONS OF THIS AUP
If you become aware of any suspected violation of this AUP, please notify us by providing a full explanation of the bases for the violation. We may request your assistance to help stop or remedy the violation. To report any violation of this AUP or make related inquiries, please report it to: abuse@scalibit.com
36. CHANGES TO OUR ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.