Terms of Service

13.11 Disruption to Services.

We are not responsible for disruption to the services outside our control. We endeavour to choose providers that offer an high level of performance and uptime but if our supply of the services is disrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the disruption. This may be via our status pages. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us from data center providers or other third parties and this won't be included within our 99.9% uptime calculation.

13.12 IP Addresses.

If you ordered multiple IP addresses with a VPS, VDS, Cloud, Cloud Compute, Optimized Cloud Compute or Dedicated Server, they must be used at 80% within 30 days of being assigned. At the outset, for Shared Hosting or WordPress Hosting accounts, you will be assigned a shared IP address. You may request one (1) dedicated IP address per hosting account at an additional cost. SCALIBIT reserves the right to evaluate the pertinence of any dedicated IP address request and deny such requests if they do not comply with ARIN & RIPE regulations. SCALIBIT retains full control and rights to the IP addresses assigned to you at all times and reserves the right to modify or remove assigned addresses with prior notice.

A dedicated IP address change may incur an unavailability of your website lasting up to 24 hours due to DNS propagation.

You are solely responsible for the activity that occurs on your Account or IP Addresses and, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers.

14. YOUR OBLIGATIONS UNDER THE CONTRACT

As a customer of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of SCALIBIT Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by SCALIBIT.

• 14.1. You are responsible for the content on your Account. Customers are responsible for all content, scripts, data, and other objects on their accounts. Abusive scripts are scripts that interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated. We will, where necessary, fully cooperate with the authorities.

• 14.2. You must not use the service for transmission of illegal or offensive material. You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in the United States, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure, as determined by us in our sole discretion. It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of materials in violation of this clause may lead to suspension or termination of your account and investigation and possible prosecution by the relevant authorities. In particular you:

  - 14.2.1 Must not gain or attempt to gain unauthorised access to any computer systems for any purpose. Such action may lead to liability or criminal prosecution under the Computer Fraud and Abuse Act;

  - 14.2.2 Must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms);

  - 14.2.3 Must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam','UBE','UCE');

  - 14.2.4 Are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission; and

  - 14.2.5 Must take all reasonable steps to ensure that your password and login credentials remain confidential;

• 14.3 You agree to refrain from sending or receiving any material which may be in breach of any third party intellectual property rights (including but not limited to copyright and trademark), confidentiality, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should seek independent legal advice.

• 14.4 Open proxy servers are not permitted under any circumstances and will result in immediate suspension or termination of service.

• 14.5 Sites must not contain hateful material or content which seeks to incite hate.

• 14.6 Operating Proxy Scripts or Anonymizers is strictly prohibited and will result in immediate suspension or termination of service.

• 14.7 Using torrent clients, Peer-to-Peer (P2P) file-sharing software, or running Torrent trackers, Torrent portals, or similar software is not allowed and will result in immediate action, including suspension or termination.

• 14.8 Running applications that generate illegal traffic on any network is strictly forbidden and may lead to the suspension or termination of service.

• 14.9 Engaging in spam activities, DDoS attacks, or any other abusive behavior will result in immediate service suspension or termination without prior notice.

• 14.10 Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful or which is deemed to be distasteful at our sole discretion.

• 14.11 Sites must not contain 'warez', copyrighted music/videos or links to such content. It is your sole responsibility to ensure that you and your users have all rights necessary to distribute any content displayed on their website.

• 14.12 Sites must conform to recognised international copyright law.

• 14.13 Registration of domain names. You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.

  - 14.13.1 You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the "Transferee") you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.

  - 14.13.2 We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.

  - 14.13.3 In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We may also place the Domain on hold if we receive of a decision from a domain dispute resolution and/or a settlement agreement between the parties concerned, as determined by us in our sole discretion. Any renewal payments must be paid to us by you.

  - 14.13.4 In the event we receive dispute documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.

• 14.14 We undertake to take any action required under the provisions of applicable law and will fully cooperate with the appropriate government authorities

• 14.15 Customer agrees not to use our shared hosting space as a storage for backups or files which are not related to the functionality of the hosted website. Such content may be removed without prior warning.

• 14.16 Customer is responsible to keep their accounts up to date and secure at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.

SCALIBIT herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users, and/or customers.

SCALIBIT herein reserves the right to access, preserve and/or disclose customer account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

• Compliance with any legal process;

• Enforcement of the TOS;

• Responding to any claim that therein contained content is in violation of the rights of any third party;

• Responding to requests for customer service; or

• Protecting the rights, property, or the personal safety of SCALIBIT, its visitors, users, and customers, including the general public.SCALIBIT herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by SCALIBIT or any other content providers supplying content services to SCALIBIT. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

15. ACCEPTABLE USE POLICY (AUP)

You acknowledge and agree to the following with respect to all of Our Services:

• 15.1 You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations.

• 15.2 You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.

• 15.3 You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that:

  - Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards;

  - Promotes, encourages or engages in child pornography or the exploitation of children;

  - Causing harm to minors in any manner whatsoever;

  - Promotes, encourages, engages or displays cruelty to humans or animals;

  - Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property;

  - Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing;

  - Makes any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;

  - Makes, attempts or allows any unauthorized access to SCALIBIT website, servers, account, Your own hosting account or the account of any other customers of SCALIBIT;

  - Allows any remote code execution of malicious software through a hosting account or any APIs provided by SCALIBIT;

  - Causes 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;

  - Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;

  - Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party; (uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party)

  - Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of disrupting, damaging or limiting the functionality of any software or hardware;

  - Contains any kind of proxy server or other traffic relaying programs;

  - Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), cryptocurrency miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;

  - Engages in or instigates actions that cause harm to SCALIBIT or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.;

  - Reverse engineers any API or attempts to use an API to obtain confidential information;

  - Circumvents an API in order to violate SCALIBIT restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services;

  - Overloads Our systems, including APIs, in any way; or

  - Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription, Hosting online pharmacies;

  - Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity.

  - Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

  - Lottery and Gambling Sites;

  - Crypto coin mining or any crypto coin related activities;

  - Violations of U.S. export control laws;

  - Hosting, distributing, or linking to pornographic material, nudity, child pornography, escort listings, or escort services;

  - Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.

  - Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

• 15.4 You will not access SCALIBIT Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as We may designate.

• 15.5 You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed. SCALIBIT does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content.

• 15.6 You agree to provide government-issued photo identification, and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity.

SCALIBIT reserves the right to refuse Services to anyone upon Our discretion. Any material that in SCALIBIT’s judgment is either obscene or threatening is strictly prohibited and will be removed from SCALIBIT servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, SCALIBIT will take corrective action upon Our own discretion and will notify You. SCALIBIT’s decision in such case is binding and final, and cannot be a subject of a further change. SCALIBIT cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to SCALIBIT or any other third party.

You further agree to the product and service specific AUPs which are incorporated herein by reference:

Acceptable Use Policy — SCALIBIT Acceptable Use Policy applies to all our services, including but not limited to Web Hosting (cPanel, CWPpro, WordPress), Virtual Machines (VPS Hosting, VDS Hosting, 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), and Dedicated Servers Clients.

16. ACCEPTABLE EMAIL USAGE

• 16.1 We may provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

• 16.2 We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked.

• 16.3 By purchasing the services you agree to the following:

  - 16.3.1 Not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;

  - 16.3.2 Not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful;

  - 16.3.3 To have a clear opt out policy in all newsletter communications;

  - 16.3.4 Not to use our mail services or network to send email to any user who does not wish to receive it;

  - 16.3.5 Not to use our mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually;

  - 16.3.6 Not to use our mail services or network with intent to deprive others of service ('mail bomb');

  - 16.3.7 Not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;

  - 16.3.8 Not to use any email address that you are not authorised to use;

  - 16.3.9 To ensure that any email servers connected to our network and operated by you are not configured to allow 'open relay';

  - 16.3.10 To take full responsibility for your own email reputation;

  - 16.3.11 Not to take any action that would put you or us in breach of obligations under the US federal or state laws, including CAN-SPAM and relevant data protection laws or the EU General Data Protection Regulation.

Also please review Including Section 27. ("No Spam; Liquidated Damages")

You further agree Anti-Spam Policy which are incorporated herein by reference:

Anti-Spam Policy

17. ACCEPTABLE WEB USAGE

18. SCALIBIT CONTENT

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "SCALIBIT Content"), are the proprietary property of SCALIBIT or SCALIBIT's licensors. SCALIBIT Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any SCALIBIT Content. Any use of SCALIBIT Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any SCALIBIT Content. All rights to use SCALIBIT Content that are not expressly granted in this Agreement are reserved by SCALIBIT and SCALIBIT's licensors.

SCALIBIT Content is provided to you “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or permission under any copyright, trademark, patent, or other proprietary right is granted by this Agreement. We reserve all rights not expressly granted in and to the SCALIBIT Content, this site, Our Services, and this Agreement do not transfer ownership of any of these rights.

19. USER CONTENT

19.1 Content.

• 19.1.1 You are responsible for the information, text, opinions, messages, comments, audio visual works, motion pictures, photographs, animation, videos, graphics, sounds, music, software, Apps, and any other content or material that You or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) on or through the Services (collectively, “Your Content,” “Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make or submit. As between you and us, you own your User Content and you have full responsibility for all User Content you make or submit, including its legality, reliability and appropriateness, while using the Services.

• 19.1.2 SCALIBIT exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through SCALIBIT's computers, network hubs and points of presence or the Internet. SCALIBIT does not monitor User Content. However, you acknowledge and agree that SCALIBIT may, but is not obligated to, immediately take any corrective action in SCALIBIT's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that SCALIBIT shall have no liability due to any corrective action that SCALIBIT may take.

  SCALIBIT will not actively monitor Content being hosted by SCALIBIT, although SCALIBIT, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your Account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. SCALIBIT will investigate complaints of a violation of a third-party right or of the AUP. SCALIBIT will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. SCALIBIT will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in these Terms, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of these Terms between us, the parties.

• 19.1.3 You acknowledge and expressly agree that SCALIBIT will not be liable to You or any of Your end users for any action SCALIBIT takes to remove or restrict access to the Services for any alleged violation of the AUP, or any action SCALIBIT takes to remove or restrict access to the Services under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or the DMCA.

• 19.1.4 SCALIBIT may, at its sole discretion, immediately terminate Your Account and access to the Services, and terminate these Terms for cause, if Your conduct violates our Policies (See Section 8, Our Acceptable Use And Anti-Spam Policies), or if any of Your end users' or downstream customers' conduct violate such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the DMCA (See Section 26, Intellectual Property Infringement And DMCA Notifications).

• 19.1.5 Child Pornography. SCALIBIT takes the issue of child pornography very seriously, and any potential harm to minors using our Services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, SCALIBIT reserves the right to terminate any Account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a SCALIBIT reseller account, the account will be suspended, and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with SCALIBIT in any effort to investigate, disable or remove such Content originating with Your end users. Consistent with local, federal, national, and international laws, SCALIBIT will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.

  In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by SCALIBIT, We encourage You to send such reports to Our abuse address at abuse@scalibit.com, and include the file name and/or URL (or other location on the Customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by SCALIBIT should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.

• 19.1.6 Content appropriate for Minors and Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site and services. You agree not to allow minors to view any such materials and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as www.asacp.org. Please note that the Service makes no representation or warranty regarding any of the products or services referenced on such sites and recommends that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing these kind of materials if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.

• 19.1.7 Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that SCALIBIT operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (including third-party content published on Your web site(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows SCALIBIT to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this Section is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third-party communication or third-party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Site or hosted via our Services.

19.2 Specific Requirements for Service Providers and User-Generated Content Subscribers.

• 19.2.1 If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to customers which; (i) resell bandwidth as hosts to third parties; (ii) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; (iii) operate search engines; or (iv) operate peer-to-peer file sharing networks. Customers acting as a Service Provider for third-party users shall comply with the following provisions:

  - You shall notify Us of all domains, web pages or IP addresses for which You are acting as a Service Provider.

  - You shall comply with 17 U.S.C. §512 of the DMCA by properly designating an agent for receipt of copyright infringement notices, and You shall publish a link on the home page of anywebsite for which You are a Service Provider to a DMCA Notice and Takedown Policy, identifying the website's designated agent and associated contact information. "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1) require that any DMCA Notices relating to alleged infringement of a SCALIBIT Service Provider Customer be submitted directly to the DMCA Agent designated by such Customer.

  - You shall provide Us with a current link to Your DMCA Notice and Takedown Policy and further advise Us of any changes to Your Designated Agent contact information. This shall be a continuing obligation for as long as You use Our Services.

It is the policy of SCALIBIT to provide any infringement notices it receives relating to Service Provider subscribers directly to the subscriber's Designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information for such Agent. Failure to maintain compliance with this section shall constitute a material breach of these Terms.

• 19.2.2 In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control when such files or data, in Our discretion: (i) have been identified in a substantially-compliant DMCA notice under 17 U.S.C. § 512; or (ii) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers' Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially-compliant DMCA Notice and which concerns content under Your control, You are obligated under these Terms to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without claim of damage or injury by You. While We will attempt to simply disable access to such Content without fully deleting it, or suspending all services to your Account, We make no warranties concerning harm or injury to the Content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your web site's users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth in our Copyright Policy, and wait the required period of time, before We allow public access to the content to resume.

• 19.2.3 Nothing contained in this Section, or any part of these Terms, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.

19.3 Content that you Make publicly Available.

• 19.3.1 You authorize others to use the User Content that you publicly share or Make publicly Available through the Services.

• 19.3.2 You may delete, or request deletion of your User Content at any time, unless you have shared such User Content with others and they have not deleted it, or it was copied or stored by other Users. Any User Content you submit is at your own risk of loss, and if shared publicly, non-confidential.

• 19.3.3 SCALIBIT agrees to use any personally identifiable information contained in any of your User Content in accordance with SCALIBIT’s Privacy Notice, to the extent applicable. Additionally, please note that certain information, statements, data, and content (such as photographs) which you may submit to SCALIBIT, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any User Content is voluntary on your part.

• 19.3.4 We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.

• 19.3.5 If you use any “rating” feature of the Services, as applicable, and/or if you send or transmit any communications, comments, questions, suggestions, or related materials to SCALIBIT, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and SCALIBIT is free to use, without any attribution or compensation to you, any ratings submitted within the Services, and any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that SCALIBIT may use any of this Feedback in aggregated or non-aggregated from, however SCALIBIT is not obligated to use, display, reproduce, or distribute any such ratings, ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

19.4 Security.

You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any SCALIBIT Content or User Content) or enforce limitations on the use of this site or Our Services, the SCALIBIT Content or the User Content therein.

20. SCALIBIT’S USE OF USER CONTENT

The provisions in this section apply specifically to SCALIBIT’s use of User Content posted to Our websites (i.e., those sites which SCALIBIT directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your hosted websites.

20.1 In General.

You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it.

20.2 User Submissions & User Reviews.

• Your User Submissions and/or User Reviews are entirely voluntary.

• Your User Submissions and/or User Reviews do not establish a confidential relationship or obligate Us to treat Your User Submissions as confidential or secret.

• SCALIBIT has no obligation, either express or implied, to develop or use Your User Submissions or User Reviews, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions or User Reviews.

• SCALIBIT may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

SCALIBIT shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews posted to Our site(s), and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.

20.3 User Content (Other Than User Submissions/User Reviews).

If You have a website or other content hosted by Us, You shall retain all of Your ownership or rights in User Content.

By posting or publishing User Content to this site or through Our Services, You authorize Us to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant SCALIBIT a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this site, the Services and SCALIBIT’s (and SCALIBIT’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of this Site a non-exclusive license to access Your User Content (with the exception of User Content that you designate “private” or “password protected”) through this site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this site and under this Agreement. The above licenses granted by You in your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that SCALIBIT may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, SCALIBIT shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or SCALIBIT’s (or SCALIBIT’s affiliates’) business(es).

21. STORAGE AND SECURITY

Your use of the Services is subject to the terms of our Privacy Notice, available at https://scalibit.com/legal/privacy-notice. You acknowledge that you have read and understand the Privacy Notice, and you consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, the Privacy Notice.

You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You shall not share your password or login information with any other person or entity. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on SCALIBIT servers; and (iv) ensure the confidentiality of Your password.

SCALIBIT's servers are not an archive and SCALIBIT shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

We have no responsibility for the security, loss, intrusion or unauthorized access of stored data or any loss or damage caused by your acts, omissions or failure to comply with the terms of this Agreement.

Any violation of the security to the Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of these Terms and the AUP. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware or software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system, cyberthreats, or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your Account as per these Terms.

22. BACKUPS AND DATA LOSS

Backup Service is provided only to Shared Werb Hosting (cPanel & CWPpro Shared Hosting), and WordPress Hosting accounts as a courtesy and may be modified or terminated at any time at SCALIBIT's sole discretion.

Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Server, Dedicated Cloud Server, and Dedicated Server services do not include backup services. All backup responsibilities lie with the customer. SCALIBIT is not liable for any data loss.

SCALIBIT's backup service runs once every week and overwrites any of our previous backups. but is under no obligation or duty to Customer to do so under this Agreement.

Your use of SCALIBIT’s Services is at your sole risk. This service is provided to you 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 of their date, accuracy, and integrity.

Accounts larger than 20GB or 100,000 inodes WILL NOT be included in weekly backups. SCALIBIT is not responsible for files and/or data residing on your account.

You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on SCALIBIT's servers.

While SCALIBIT attempts to keep regular backups of data stored on our systems, SCALIBIT does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the customer is responsible for making backups of data. SCALIBIT does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our customers’ information.

IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON SCALIBIT SERVERS, AND 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 on any SCALIBIT server. SCALIBIT reserves the right to charge a restoration fee if you request copies of the backups. SCALIBIT will not attempt to back up accounts that exceed 100,000 inodes (files) or 20 Gigs of space for any reason and does not maintain any backups of dedicated accounts.

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. The cost to restore the account will vary depending on the hosting account, please contact support.

Cloud Compute, Optimized Cloud Compute, VPS, VDS, Cloud Hosting, Cloud Servers, Dedicated Cloud Servers and Dedicated Servers are NOT backed up by us. It is your responsibility to back up your files and data and protect your backups.

It is essential that Customers backup files offline, even if user purchases or has products, such as Site Backup and Restore.

23. THIRD PARTY PRODUCTS AND SERVICES

In using Our Services, You may be granted the ability to use Our software and/or third-party software that We make available for Your use. You may also choose to add and use third-party software in connection with Our Services. Moreover, We may offer third-party products and services that require You to access their website in order to complete Your purchase and/or agree to additional terms and conditions. For these situations, the following provisions apply.

23.1 Third Party Providers.

SCALIBIT may offe certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

SCALIBIT does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. SCALIBIT is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

23.2 SCALIBIT Non-Exclusive Right To Use.

If You have been given permission or the ability to use software from SCALIBIT, SCALIBIT grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

SCALIBIT reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of SCALIBIT. The source code and its organization are the exclusive property of SCALIBIT and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by SCALIBIT.

Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

23.3 SCALIBIT as Reseller or Licensor.

SCALIBIT may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-SCALIBIT Products"). SCALIBIT shall not be responsible for any changes in the Services that cause any Non-SCALIBIT Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-SCALIBIT Products, either sold, licensed or provided by SCALIBIT to you will not be deemed a breach of SCALIBIT's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-SCALIBIT Product are limited to those rights extended to you by the manufacturer of such Non-SCALIBIT Product. You are entitled to use any Non-SCALIBIT Product supplied by SCALIBIT only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-SCALIBIT Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-SCALIBIT Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

23.4 Third-Party Software Use.

SCALIBIT provides some third-party software to You for easier account management. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. SCALIBIT does not take responsibility for any faults in such software functioning. You agree that Your use of any SCALIBIT Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by SCALIBIT.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by SCALIBIT. Your use of any third party software is at Your own risk. SCALIBIT does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. SCALIBIT will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. SCALIBIT reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

23.5 Third Party Websites.

The Services may contain links to other websites that are not owned or controlled by SCALIBIT ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

SCALIBIT assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, SCALIBIT does not censor or edit the content of any third-party websites. By using this site or Our Services, whether provided directly by Us or by a third-party, You expressly release SCALIBIT from any and all liability arising from Your use of any third-party website and/or services offered by them. Accordingly, SCALIBIT encourages You to be aware when You purchase or use products/services of third-parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit. As between You and SCALIBIT, this Agreement and all of Our policies and additional terms control Our relationship with You.

24. THIRD-PARTY CONTENT

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. SCALIBIT has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then current SCALIBIT policy or agreement. Such content may result in the suspension or in the immediate termination of Your account.

25. PRIVACY

SCALIBIT's Privacy Notice, which is incorporated herein by reference, is applicable to all Services. The Privacy Notice sets out Your rights and SCALIBIT's responsibilities with regard to Your personal information. SCALIBIT will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Notice. You agree that SCALIBIT, in its sole discretion, may modify the Privacy Notice, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. SCALIBIT will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to SCALIBIT as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to SCALIBIT in the future. SCALIBIT is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

26. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

26.1 SCALIBIT does not permit copyright-infringing activities and infringement of intellectual property rights on the Services, and pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 (“DMCA”), SCALIBIT will remove User Content if properly notified that such User Content infringes on another's intellectual property rights (please refer to our DMCA Copyright Policy). SCALIBIT reserves the right to remove User Content without prior notice.

26.2 Trademark or Copyright Claims.

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 customer for repeated copyright infringement. SCALIBIT also reserves the right to terminate an account or subscriber for even one instance of infringement.

If You would like to submit (a) a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which You hold a bona fide copyright, please refer to SCALIBIT’s DMCA Copyright Policy.

27. NO SPAM; LIQUIDATED DAMAGES

We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), which is email sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

• Usage of the SCALIBIT network and systems to receive replies to unsolicited mass e-mail messages.

• Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.

• Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.

• Forgery of e-mail headers (i.e. "spoofing").

• Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.

• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.

• Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.

• Engagement in spamvertising or provision of any services that support spam.

• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.

• Advocating any activities prohibited by this Agreement.

• Newsgroup postings.

• Windows system messages.

• Pop-up messages (aka "adware" or "spyware" messages).

• Instant messages (using AOL, MSN, Yahoo or other instant messenger programs).

• Online chat room advertisements.

• Guestbook or Website Forum postings.

• Phishing emails with any content.

• Text/SMS Messages.

We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy.

If We determine that the services in question are being used in connection with spam, We may re-direct, suspend, or cancel any Web Site Hosting (Shared Hosting - WordPress Hosting), Domain Registration, Email Boxes, VPS, VDS, Cloud Hosting, Cloud Servers, Cloud Compute, Optimized Cloud Compute, Dedicated Cloud Servers, Dedicated Servers, or any other applicable services for a period deemed appropriate by SCALIBIT. The registrant or customer will be required to respond to Us via email, confirming that they will cease sending spam and will not allow spam to be sent on their behalf. We may require a non-refundable reactivation fee before restoring access to the site, email boxes, and/or other Services. If We determine that the abuse has not stopped after the first service restoration, We may terminate any and all Services associated with the domain name in question. In such cases, no refund will be issued.

Remedies, Liquidated Damages. You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Us liquidated damages in the amount of $500,00 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account, whichever amount is greater.

Blacklist Removal Fees and Related Costs. In addition to the stated liquidated damages, SCALIBIT reserves the right to charge a blacklist removal fee starting at $500,00. This fee may increase based on the actual costs incurred, including but not limited to remediation efforts, third-party fees, and operational expenses.

You further agree Anti-Spam Policy which are incorporated herein by reference:

Anti-Spam Policy

28. ADDITIONAL RESERVATION OF RIGHTS

SCALIBIT expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by SCALIBIT in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by SCALIBIT in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of SCALIBIT, its officers, directors, employees and agents, as well as SCALIBIT’s affiliates.

In the event that SCALIBIT need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

29. BILLING & PAYMENT; CURRENCY; TERMINATION & CANCELLATION POLICY

29.1 General Information.

You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. SCALIBIT provides 5 days grace period after the renew date. If the invoice is not paid within the 5 days grace period SCALIBIT will temporary suspend services until the invoice is paid in full. SCALIBIT will terminate Services not paid in full 10 days after the Services have been suspended. Backups will be removed as well.

Invoices that have been paid more than once because of multiple PayPal subscriptions or multiple manual payments, cannot be refunded. They overpaid amount will be added as credit to your account which can be used to pay for future invoices.

SCALIBIT accepts payments via Credit Cards, PayPal, Stripe, Bitcoin or bank transfer. Payments from unverified PayPal accounts are not accepted.

29.2 Billing and Payment.

All fees for the Services shall be in accordance with SCALIBIT's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, PayPal, Stripe, Bitcoin, or any other payment method then accepted by SCALIBIT (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. SCALIBIT is not responsible for any changes in statement descriptors made by Your credit card issuer. If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. SCALIBIT expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option will attempt to automatically renew the applicable service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. With the automatic renewal option, SCALIBIT will attempt to renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us at SCALIBIT’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. Please note that renewal dates vary by service. For instance, some services may renew thirty (30) days prior to expiration and others may renew seven (7) days prior to expiration. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your services before they expire or if your payment method chosen for your automatic renewal should fail, you may experience an interruption or loss of services, and SCALIBIT shall not be liable to you or any third party regarding the same. SCALIBIT reserves the right to determine whether a second attempt at payment will be made should the chosen payment method fail.

If for any reason SCALIBIT is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that SCALIBIT may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. Our reinstatement fee is currently equal to the fee charged by the payment processor involved in the transaction reversal.

SCALIBIT also reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i) tasks SCALIBIT may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by SCALIBIT in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) investigation into the use of SCALIBIT services where it is alleged and verified by SCALIBIT that your use of such services were for abuse; (iii) account maintenance where there has been inactivity in your account for 6 months or more; (iv) UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by SCALIBIT staff or by outside firms retained by SCALIBIT; (v) recouping any and all costs and fees, including the cost of Services, incurred by SCALIBIT as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with SCALIBIT.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, SCALIBIT will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at SCALIBIT's then current rates.

29.3 Price Changes.

SCALIBIT reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services are due for renewal.

29.4 Currency.

While all purchases are processed in US dollars, SCALIBIT may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, SCALIBIT makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

29.5 Multiple Accounts.

Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

29.6 Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

29.7 Autorenewal.

Unless otherwise provided, you agree that until and unless you notify SCALIBIT of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

29.8 Taxes.

You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.

29.9 Account Credit.

All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the Client.

29.10 Late Payment.

All invoices must be paid within three (3) days of the invoice due date. Any invoice that is outstanding for more than three (3) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, SCALIBIT may suspend or terminate your account and pursue the collection costs incurred by SCALIBIT, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. SCALIBIT will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

29.11 Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, electronic funds transfers, electronic checks, or any other payment method. SCALIBIT may report any such misuse or fraudulent use, as determined in SCALIBIT's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

29.12 Invoice Disputes.

You have ten (10) days to dispute any charge or payment processed by SCALIBIT. If you have any questions concerning a charge on your account, our billing department directly for assistance.

29.13 Chargebacks and Disputes.

In the event that we are notified that a chargeback or other payment dispute is filed, your account will automatically be placed on hold. Resulting in suspension for all active services on your account, and the risk of termination should the dispute not be immediately resolved. Resolving a chargeback would include providing proof of ownership for the payment method used, repaying any disputed transaction(s), and paying a two hundred fifty dollar ($250) penalty fee per transaction that has been disputed.

Failure to do this will result in the termination of the service(s) on the account as well as the account remaining on hold, preventing any new orders or purchases from being completed.

30. REFUND POLICY

30.1 Money-back Guarantee

SCALIBIT offers a thirty (30) day money- back guarantee for SCALIBIT's Shared Hosting (Shared Hosting, cPanel Hosting and WordPress Hosting) services only. Subject to the terms described herein, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for shared hosting.

• This money-back guarantee only applies to fees paid for Shared Hosting, cPanel Hosting and WordPress Hosting.

• All new SCALIBIT Customers are eligible for a 30 day money back guarantee on all Shared Hosting and WordPress Hosting packages upon written reques.

• The definition of a new customer is one who has never purchased services from SCALIBIT in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund.

• If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee.

• If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. SCALIBIT reserves the right to deny the refund if we feel abuse of services has occurred.

• Refunds will not be given for products bought using cryptocurrency, Tokens, or other digital assets.

• If a refund back to the original payment method is not possible, a refund to your SCALIBIT balance can be offered as an alternative.

30.2 Non-refundable Products and Services.

The following products and services are not eligible for refunds.

• VPS Hosting,

• VDS Hosting,

• Cloud Hosting,

• Cloud Servers,

• Dedicated Cloud Servers,

• Cloud Backup,

• Cloud Compute - Standard Performance,

• Cloud Compute - High Performance,

• Cloud Compute - High Frequency,

• Optimized Cloud Compute - General Purpose,

• Optimized Cloud Compute - CPU Optimized,

• Optimized Cloud Compute - Memory Optimized,

• Optimized Cloud Compute - Storage Optimized,

• Dedicated Servers,

• Software Licenses,

• Domains (Domain Registration, Domain Renewal, Domain Transfer and Other Domain Fees),

• Domain Name Plugins (Domain Protection / Whois Privacy, Premium DNS etc.),

• SSL Certificates,

• IP Addresses,

• Products or Services that are billed on an Hourly basis,

• Products or Services that are terminated for violations of our Terms of Service,

• Administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services,

• Products or Services that are purchased using cryptocurrencies, tokens or digital assets.

• Adding Funds / Account Credit Balance Deposits are non-refundable.

• Plans purchased using a special promotion, promo code, or special discount link, are non-refundable.

31.TERMINATION & CANCELLATION POLICY

The initial term of Your agreement with SCALIBIT shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with SCALIBIT shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

SCALIBIT may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm SCALIBIT or others, cause SCALIBIT or others to incur liability, or disrupt SCALIBIT's business operations (as determined by SCALIBIT in its sole discretion); (iv) you are abusive toward SCALIBIT's staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, SCALIBIT will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that SCALIBIT may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of SCALIBIT.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs SCALIBIT incurs in closing Your account. You agree to pay any and all costs incurred by SCALIBIT in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials provided to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, SCALIBIT may delete all information related to You on the Services.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

32. CUSTOMER SUPPORT

32.1 General Information.

SCALIBIT provides customer support to You at no additional fee for issues related to SCALIBIT Services only. SCALIBIT has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. SCALIBIT will also require, before assistance can be given, that You verify Your identity in relation to the Account in question.

Unless otherwise directed by a specific Service, You can request customer support only by opening Ticket through the Support system located in the Customer area. SCALIBIT will have no liability to provide customer support if it is requested in any other way apart from the Support system or the instructions specific to the Service at issue. You are solely responsible to use the appropriate Support category when opening posting Ticket. SCALIBIT shall not be liable for any delay in Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

You must provide SCALIBIT with all information and access to servers that SCALIBIT may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of data, files, hosting account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by SCALIBIT. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the Support system.

Abuse of the Support system includes, but is not limited to, excessive number of Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting Tickets, etc. Any abuse of the Support system may result in warning, Support access restrictions, account suspension or possible account termination with no refund. SCALIBIT has the sole right to decide what constitutes abuse of the Support system.

Due to customer identity verification, we do not provide telephone technical support. Support is provided via support ticket system on Customer Panel.

32.2 Technical Support.

Technical assistance is provided on a best effort basis. You understand that we may have full access to your data and agree that any modification we make while we investigate the reported issue may affect the functionality of your services. It is your responsibility to have a full backup of your data before submitting a technical support request.

We may refuse to provide technical support if you violate the terms of service, refuse to implement changes requested by SCALIBIT, request changes that would result in security concerns, make changes while we are actively working on your request or you are abusive towards our employees.

The technical support assistance is free and covers all issues related to our hosting services and hosting platform except the following:

• Coding and website development issues or any customizations that require changes to your website.

• Installation or/and configuration of 3rd party scripts, modules, plugins or themes.

• Website security and speed optimization audits and issues related to cleaning-up malicious code.

• Installation of additional server software except PHP extensions, Perl modules and other software that we may approve on a case by case basis.

If your technical support request is outside the scope of the free technical support, we may approve providing assistance at our own discretion and additional fees. We will not charge you for technical support services without your prior written approval.

33. CHANGES TO SCALIBIT'S NETWORK

Upgrades and other changes in SCALIBIT's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. SCALIBIT reserves the right to change its network in its commercially reasonable discretion, and SCALIBIT shall not be liable for any resulting harm to Customer.

34. DISCONTINUED SERVICES; END OF LIFE POLICY

SCALIBIT reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although SCALIBIT makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by SCALIBIT, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, SCALIBIT will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by SCALIBIT in its sole and absolute discretion. SCALIBIT may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by SCALIBIT in its sole and absolute discretion, SCALIBIT will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. SCALIBIT will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

35. REQUESTS FOR CUSTOMER INFORMATION

Customer agrees that SCALIBIT may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that SCALIBIT believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

36. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You Specifically Acknowledge And Agree That Your Use Of This Site And Our Services Shall Be At Your Own Risk And That Services Found Are Provided “As Is”, “As Available” And “With All Faults”. SCALIBIT, Its Officers, Directors, Employees, Agents, And All Third Party Service Providers Disclaim All Warranties, Statutory, Express Or Implied, Including, But Not Limited To, Any Implied Warranties Of Title, Merchantability, Fitness For A Particular Purpose And Non-Infringement. SCALIBIT, Its Officers, Directors, Employees, And Agents Make No Representations Or Warranties About (i) The Accuracy, Completeness, Or Content Of This Site, (ii) The Accuracy, Completeness, Or Content Of Any Sites Linked (Through Hyperlinks, Banner Advertising Or Otherwise) To This Site, And/Or (iii) The Services Found At This Site Or Any Sites Linked (Through Hyperlinks, Banner Advertising Or Otherwise) To This Site, And SCALIBIT Assumes No Liability Or Responsibility For The Same. You Understand And Agree That Any Material And/Or Data Downloaded Or Otherwise Obtained Through The Use Of Our Services Is Done At Your Own Discretion And Risk And That You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Such Material And/Or Data.

In Addition, You Specifically Acknowledge And Agree That No Oral Or Written Information Or Advice Provided By SCALIBIT, Its Officers, Directors, Employees, Or Agents (Including Without Limitation Its Support Center Or Customer Service Representatives), And Third Party Service Providers Will (i) Constitute Legal Or Financial Advice Or (ii) Create A Warranty Of Any Kind With Respect To This Site Or The Services Found At This Site, And Users Should Not Rely On Any Such Information Or Advice.

The Foregoing Disclaimer Of Representations And Warranties Shall Apply To The Fullest Extent Permitted By Law, And Shall Survive Any Termination Or Expiration Of This Agreement Or Your Use Of This Site Or Our Services.

37. LIMITATION OF LIABILITY; WAIVER AND RELEASE

In No Event Shall SCALIBIT, Its Officers, Directors, Employees, Agents, And All Third Party Service Providers, Be Liable To You Or Any Other Person Or Entity For Any Direct, Indirect, Incidental, Special, Punitive, Or Consequential Damages Whatsoever, Including Any That May Result From (i) The Accuracy, Completeness, Or Content Of This Site, (ii) The Accuracy, Completeness, Or Content Of Any Sites Linked (Through Hyperlinks, Banner Advertising Or Otherwise) To This Site, (iii) Our Services Whether Found At This Site Or Any Sites Linked (Through Hyperlinks, Banner Advertising Or Otherwise) To This Site, (iv) Personal Injury Or Property Damage Of Any Nature Whatsoever, (v) Third-Party Conduct Of Any Nature Whatsoever, (vi) Any Unauthorized Access To Or Use Of Our Servers And/Or Any And All Content, Personal Information, Financial Information Or Other Information And Data Stored Therein, (vii) Any Interruption Or Cessation Of Services To Or From This Site Or Any Sites Linked (Through Hyperlinks, Banner Advertising Or Otherwise) To This Site, (viii) Any Viruses, Worms, Bugs, Trojan Horses, Or The Like, Which May Be Transmitted To Or From This Site Or Any Sites Linked (Through Hyperlinks, Banner Advertising Or Otherwise) To This Site, (ix) Any User Content Or Content That Is Defamatory, Harassing, Abusive, Harmful To Minors Or Any Protected Class, Pornographic, “X-Rated”, Obscene Or Otherwise Objectionable, And/Or (x) Any Loss Or Damage Of Any Kind Incurred As A Result Of Your Use Of This Site Or Our Services, Whether Based On Warranty, Contract, Tort, Or Any Other Legal Or Equitable Theory, And Whether Or Not SCALIBIT Is Advised Of The Possibility Of Such Damages.

You Agree That SCALIBIT Will Not Be Liable For Any (i) Suspension Or Loss Of The Services; (ii) Interruption Of Business; (iii) Access Delays Or Access Interruptions To The Website(S) Provided Through Or By The Services; (iv) Loss Or Liability Resulting From Acts Of God; (v) Data Non-Delivery, Mis-Delivery, Corruption, Destruction Or Other Modification; (iv) Events Beyond The Control Of SCALIBIT; (vii) The Processing Of Your Application For Services; Or (viii) Loss Or Liability Resulting From The Unauthorized Use Or Misuse Of Your Account Identifier Or Password.

In Addition, You Specifically Acknowledge And Agree That Any Cause Of Action Arising Out Of Or Related To This Site Or Our Services Must Be Commenced Within One (1) Year After The Cause Of Action Accrues, Otherwise Such Cause Of Action Shall Be Permanently Barred.

In Addition, You Specifically Acknowledge And Agree That In No Event Shall SCALIBIT’s Total Aggregate Liability Exceed The Total Amount Paid By You For The Particular Services That Are The Subject Of The Cause Of Action.

The Foregoing Limitation Of Liability Shall Apply To The Fullest Extent Permitted By Law, And Shall Survive Any Termination Or Expiration Of This Agreement Or Your Use Of This Site Or The Services Found At This Site.

No Waiver Of Any Provision Of This Agreement Shall Be Effective Unless It Is In Writing And Signed By An Authorized Representative Of SCALIBIT.

38. HIPAA DISCLAIMER. WE ARE NOT "HIPAA COMPLIANT”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. SCALIBIT does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that SCALIBIT is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.

39. INDEMNIFICATION

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge SCALIBIT and all affiliates of SCALIBIT, and all officers, agents, employees, and representatives of SCALIBIT, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of SCALIBIT products and/or services by SCALIBIT and its agents and employees. Further, You agree to defend, indemnify and hold harmless SCALIBIT and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by SCALIBIT’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to SCALIBIT, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your SCALIBIT hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should SCALIBIT be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, SCALIBIT may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless SCALIBIT. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that SCALIBIT shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify SCALIBIT of any such claim promptly in writing and to allow SCALIBIT to control the proceedings. You agree to cooperate fully with SCALIBIT during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

40. U.S. EXPORT LAWS

40.1 Export Compliance and Sanctions.

This Site and Our Services are subject to the export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Export Laws”).

You may not use the Services to export, re-export, or permit the export or re-export of software or technical data in violation of U.S. Export Laws. Users shall not collect, store, or transmit any technical information or data that is controlled under U.S. Export Laws.

None of Our Services may be downloaded or otherwise exported or re-exported:

• Into (or to a national or resident of) any country or territory that is the target of OFAC sanctions, including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People’s Republic (DPR), or Luhansk People’s Republic (LPR) regions of Ukraine.

• To any individual, organization, or entity included on any U.S. government lists of prohibited or restricted parties, including but not limited to:

  • The U.S. Treasury Department's List of Specially Designated Nationals (“SDN List”)

  • The Sectoral Sanctions List (“SSI List”)

  • The U.S. Commerce Department's Denied Persons List

By accessing this Site and Our Services, You agree to comply with these laws and regulations. Specifically, You represent and warrant that:

• You are not a national or resident of, located in, or under the control of any restricted country or region.

• You are not listed on any prohibited parties lists under U.S. Export Laws.

• You are not owned, controlled, or acting on behalf of any person or entity designated as a Specially Designated National or Blocked Person by OFAC.

• You are not engaged in nuclear, missile, chemical, or biological weapons activities that require a U.S. Government license.

• You will not—directly or indirectly—purchase, use, sell, export, re-export, transfer, divert, or otherwise dispose of any service received from SCALIBIT in violation of these laws and regulations, nor will you provide access to or resell such services to any person, entity, or country subject to U.S. sanctions.

Failure to comply with these laws and regulations may result in the suspension or termination of Your Account. If You access this Site or Our Services from other countries or jurisdictions, You do so on Your own initiative and are responsible for compliance with the local laws of that jurisdiction to the extent they do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access this Site or Our Services.

The obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Site or Our Services.

40.2 Prohibited Persons (Countries, Regions, Entities, and Individuals)

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations, or entities, including, without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC.

If you are located in a Sanctioned Country, a sanctioned region (such as Crimea, Donetsk People’s Republic, or Luhansk People’s Republic), or are listed as an SDN, you are prohibited from registering, signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit written permission, SCALIBIT also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country or region.

For more details on U.S. Export Laws, please refer to the following official sources:

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

41. COMPLIANCE WITH LOCAL LAWS

SCALIBIT makes no representation or warranty that the content available on this site or the Services We offer are appropriate in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this site or use Our Services are responsible for compliance with all local laws, rules and regulations.

42. NO THIRD PARTY BENEFICIARY RIGHTS

This Agreement, and any/all supplements to it, is not intended to and shall not be construed to give any Third Party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

43. NOTICES

Notices to SCALIBIT under the Agreement shall be given via electronic mail to the e-mail address of billing@scalibit.com or via our online ticketing system at https://scalibit.com/login/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.

Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

44. ELECTRONIC COMMUNICATIONS

The communications between you and SCALIBIT use electronic means, whether you visit the SCALIBIT Site, send SCALIBIT e-mails, or use the Services or whether SCALIBIT posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from SCALIBIT in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SCALIBIT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where SCALIBIT requires that you provide an e-mail address; you are responsible for providing SCALIBIT with your most current e-mail address. In the event that the last e-mail address you provided to SCALIBIT is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, SCALIBIT’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Evidence of successful transmission shall be retained. Each of the parties agrees to the following for all electronic communications: (i) The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (ii) An electronic communication sent by You containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature on it; and (iii) An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.

45. FINAL AGREEMENT

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for SCALIBIT’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

46. NO AGENCY RELATIONSHIP

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

47. ENFORCEABILITY

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

48. ASSIGNMENT AND RESALE

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without SCALIBIT's prior express written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

49. FORCE MAJEURE