Terms of Service

Effective Date: March 1, 2025

TERMS OF SERVICE AGREEMENT

USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

This Terms of Service governs your access to and use of all SCALIBIT Services listed on our websites, including https://scalibit.com and its affiliated domains. “You” and “Customer” refer to any individual or entity that purchases, accesses, or uses the Services. If you are acting on behalf of an organization, company, or other legal entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement. If you do not have such authority, or if you do not agree to these Terms, you must not register for, order, or use the Services.

By submitting an order, creating an account, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and all incorporated policies, including the Acceptable Use Policy (AUP), Privacy Notice, and other applicable legal documents referenced herein.

This Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services, and for the purchase and/or use of any products and services acquired through SCALIBIT from our partners and/or affiliates (collectively, "Services").

In this Agreement, "You" and "Your" refer to you as the user of our Services, or any agent, employee, servant, or person authorized to act on your behalf. "We", "Us" and "Our" refer to SCALIBIT.COM, as well as its subsidiaries and sister companies (“SCALIBIT”). This Agreement explains our obligations to you, and your obligations to us for using our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to particular Services.

When you use our site, your account (or you permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel your Services (even if we were not notified of such authorization), you signify your agreement to the terms and conditions contained in this Agreement, along with the following policies and applicable product agreements, which are incorporated by reference herein.

The following general policies apply to all our Services:

• Acceptable Use Policy (AUP)

• Privacy Notice

• Data Processing Agreement (DPA)

• US States Privacy Notice

• California Privacy Notice (CCPA)

• GDPR Privacy Notice (EEA)

• Türkiye Personal Data Protection Law (KVKK)

• Anti-Spam Policy

• Copyright Policy (DMCA)

• Refund Policy

Applicability. The Acceptable Use Policy applies to all SCALIBIT Services — including but not limited to Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Dedicated Servers (Dedicated Servers or Bare Metal), as well as ancillary and related services such as Domain Registration, SSL Certificates, and IP Address Services. This Policy applies to all users under the Customer’s account — including employees, contractors, resellers, and end users.

Scope and Applicability.

Unless expressly stated otherwise, this Agreement (including the AUP, Privacy Notice, Data Processing Agreement, Refund Policy, and all documents incorporated by reference) applies to all Services provided by SCALIBIT. These include, but are not limited to:

• Shared Web Hosting: cPanel Hosting, CWPpro Hosting, and WordPress Hosting
• Virtual Machines: VPS, VDS, Dedicated Cloud Servers
• Cloud Services: Cloud Hosting, Cloud Servers, Cloud Backup
• Cloud Compute: Standard Performance, High Performance, High Frequency
• Optimized Cloud Compute: General Purpose, CPU Optimized, Memory Optimized, Storage Optimized
• Dedicated Servers: Enterprise-grade physical Dedicated Servers or Bare Metal configurations, available in multiple global locations.
• Domain Name Products and Services: Domain registration, renewal, management, transfer, and related enhancements such as Domain Protection, Whois Privacy, and Premium DNS.
• SSL Certificate Products and Services: Purchase, issuance, renewal, and management of SSL/TLS certificates
• IP Address Services: Assignment, routing, and management of IPv4 and IPv6 addresses provided with SCALIBIT Services — including Shared Web Hosting, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and Dedicated Servers or Bare Metal — as well as the direct leasing of dedicated IP address blocks
• Ancillary Add-ons and Beta Services: Additional, optional, or preview offerings associated with active SCALIBIT Services

Where a section is expressly service-specific, it supplements (and does not replace) these general terms for that service only. In the event of a conflict between the general terms and a service-specific term, the service-specific term controls for that service only. References to features that may not exist for a given service (e.g., a control panel on certain Dedicated configurations) are understood to be “where applicable” and do not create an obligation to provide such features for all services.

DEFINITIONS — SERVICES

“Services” means any product or service provided by SCALIBIT, including Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, Domain Name Products and Services, SSL Certificate Products and Services, and IP Address Services, as well as related add-ons and ancillary offerings.

“Virtual Machines” means virtualized compute offerings and services provided on shared or dedicated physical hardware, including VPS, VDS, and Dedicated Cloud Servers.

“Cloud Services” means general-purpose cloud-based offerings and services, including Cloud Hosting, Cloud Servers, and Cloud Backup.

“Cloud Compute Services” means performance-optimized compute offerings and services, including Cloud Compute (Standard Performance, High Performance, High Frequency).

“Optimized Cloud Compute Services” means specialized compute offerings and services optimized for specific workloads, including General Purpose, CPU Optimized, Memory Optimized, and Storage Optimized.

“Dedicated Servers” means physically dedicated, non-virtualized infrastructure offerings and services, including Dedicated Servers or Bare Metal configurations available in multiple global locations.

“Domain Name Products and Services” means the registration, renewal, management, and transfer of internet domain names, along with related enhancements such as Domain Protection, Whois Privacy, and Premium DNS, provided through SCALIBIT or its accredited partners.

“SSL Certificate Products and Services” means the purchase, issuance, renewal, and management of SSL or TLS certificates used to secure website communications.

“IP Address Services” means the assignment, routing, and management of IPv4 and IPv6 addresses provided in connection with SCALIBIT Services (including Shared Web Hosting, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and Dedicated Servers), as well as the direct leasing of dedicated IP address blocks where applicable.

“Shared Services” means Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting).

“Infrastructure Provider” means that SCALIBIT operates as a technical infrastructure provider offering servers, virtualization, networking, and related platform resources to Customers. SCALIBIT does not manage, monitor, or access Customer data, content, or hosted systems beyond what is technically necessary to provision and maintain the infrastructure. Customers retain full administrative control over their own environments (including virtual machines, cloud instances, and dedicated servers) and are solely responsible for the content, configurations, and activities conducted thereon. SCALIBIT does not have access to Customer passwords, SSH keys, or data stored within Customer-managed servers. SCALIBIT does not operate the physical network layer for third-party data center locations and does not maintain traffic logs, connection records, or network-level metadata; SCALIBIT retains only allocation records identifying which service and IP addresses were assigned to a given Customer. Optional security features, such as Two-Factor Authentication (2FA), may be available within SCALIBIT’s customer systems and control panels. These features are offered as self-managed tools, and their activation, configuration, and use are under the Customer’s exclusive control and responsibility.

SCALIBIT provides technical infrastructure services across multiple layers, including Virtual Machines (VPS/VDS), Cloud Compute, Optimized Cloud Compute, Dedicated Servers, and Bare Metal systems, utilizing upstream data center facilities and network providers. While SCALIBIT manages the compute and hardware infrastructure layers required to deliver these Services, it does not operate or control the underlying physical network layer, routing systems, or IP address space of the upstream providers. Accordingly, certain network-level actions — such as null-routing, IP reassignments, or rDNS updates — may require coordination with upstream infrastructure providers and may be subject to their respective policies or response times. SCALIBIT retains only allocation records identifying which Service and IP addresses were assigned to a given Customer.

“Information Requests (Law Enforcement and Legal Requests for Customer Data)” refers to SCALIBIT’s official policy outlining the procedures, verification requirements, and applicable jurisdictional scope under which SCALIBIT may disclose limited technical information in response to valid and lawful requests from competent authorities. SCALIBIT cooperates with law enforcement only in strict compliance with applicable local, state, federal, and international laws — including, but not limited to, the Electronic Communications Privacy Act (ECPA), Mutual Legal Assistance Treaties (MLAT), GDPR, CCPA, and KVKK. All requests must be lawful, verifiable, and properly served, as described in the Information Requests Policy (https://scalibit.com/legal/information-requests).

1. ELIGIBILITY & AUTHORITY

Before using SCALIBIT’s Websites or Services (as defined in Section Scope and Applicability), you must ensure that your use complies with all applicable local, state, and federal laws of the United States, as well as all foreign, national, and international laws, rules, and regulations in the jurisdictions where you access or use the Services, including (where applicable) the laws of the countries where the servers, data centers, or upstream infrastructure providers utilized by SCALIBIT to deliver its Services are physically located. Your right to access or use the Websites and Services is revoked to the extent that such use is prohibited by, or conflicts with, any applicable law, rule, or regulation. You are solely responsible for making these determinations before using the Websites or Services.

The Websites and Services are not targeted toward, nor intended for use by, anyone under the age of eighteen (18). By using the Websites or Services, you represent and warrant that (a) you are at least 18 years of age; or (b) you otherwise possess sufficient legal consent, permission, and capacity to use the Websites and Services under the laws of your applicable jurisdiction(s).

To access certain features or purchase specific Services (including but not limited to Shared Web Hosting, Virtual Machines, Cloud Services, Cloud Compute Services, Dedicated Servers, Domain Name Products and Services, SSL Certificate Products and Services, and IP Address Services), you must register for an account (“Account”). During registration, you may be required to provide accurate and complete information, including your name, email address, and a valid form of payment. Optional information may also be provided voluntarily. The collection, use, and disclosure of such information are governed by SCALIBIT’s Privacy Notice and by the terms of its Data Processing Agreement (DPA).

SCALIBIT relies on the accuracy of the information provided by the Customer for account verification, billing, and abuse mitigation purposes. SCALIBIT does not independently verify customer-provided information unless verification is required for fraud prevention, legal compliance, or lawful identification requests.

SCALIBIT reserves the right, in its sole discretion, to refuse to provide or continue providing the Websites or Services to any individual or entity, and to modify its eligibility criteria at any time, including (but not limited to) cases of non-compliance with this Agreement or related policies. We may deactivate, terminate, restrict, or delete any Account or access to the Websites and Services at any time, with or without prior notice, at our sole discretion.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement (and all related policies incorporated by reference). In such case, the terms “you” and “your” shall also refer to that entity. If SCALIBIT later determines that you lacked such authority, you will be personally responsible for all obligations under this Agreement and any related agreements entered into through your Account, including all payment obligations.

SCALIBIT shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, or communication reasonably believed to originate from an authorized representative of your entity. If there is reasonable doubt regarding the authenticity of any such communication, SCALIBIT may, but is not obligated to, require additional authentication before taking action. You further agree to be bound by this Agreement and any applicable product-specific terms for all transactions conducted by you, anyone acting as your agent, or anyone using your Account or Services, whether or not authorized by you.

2. TERM OF AGREEMENT; MODIFICATION

You agree that SCALIBIT may, at its sole discretion, modify this Agreement or any aspect of the Services from time to time. Such modifications become effective immediately upon posting to SCALIBIT’s official Websites. Continued use of the Websites or Services after such modifications constitutes your acceptance of the revised Agreement.

If you have purchased any Services from SCALIBIT (including but not limited to Shared Web Hosting, Virtual Machines, Cloud Services, Cloud Compute Services, Dedicated Servers, as well as Domain Name Products and Services, SSL Certificate Products and Services, and IP Address Services), this Agreement — as amended from time to time — will remain in full force and effect for as long as you maintain or use such Services. SCALIBIT may source its physical or virtual infrastructure from multiple third-party data centers worldwide. In such cases, the underlying hardware, network, or IP connectivity may be operated by the respective upstream data center or network provider, and SCALIBIT’s role remains limited to the provisioning, allocation, and management of the Services, as described in the Infrastructure Provider section of this Agreement.

3. ORDER

3.1 How We Will Accept Your Order

Placing an order on our Website does not guarantee acceptance of your order. Our acceptance of your order will take place only after your order has been reviewed and you receive confirmation that your order has been fulfilled. Orders may be declined for any reason or no reason, and acceptance is at our sole discretion. Upon acceptance, a binding contract will come into existence between you and SCALIBIT. Payment must be received in full before any Services will be provisioned or activated. Provisioning is subject to infrastructure availability and verification as described below.

For security, anti-fraud, or regulatory compliance purposes, SCALIBIT reserves the right to request identity verification before accepting any new order. Verification may be required when an order appears suspicious, is flagged by our fraud detection systems, or when there is an inconsistency between the account holder and the payment or billing information (for example, when the person who placed the order differs from the person or entity making the payment).

Such verification may include, but is not limited to, a government-issued photo ID, passport, company registration documents, proof of address, bank or payment receipts, and a selfie holding the ID. Verification requests will only be made through secure SCALIBIT communication channels (such as the Client Portal or official support ticket). All documents provided will be processed and retained in accordance with our Privacy Notice and applicable data protection laws.

Failure to promptly provide the requested verification information may result in your order being declined or cancelled. If payment has already been received, it will be refunded using the same payment method originally used for the transaction (for example, via PayPal, credit card, or bank transfer). In certain cases, provisioning may depend on availability from upstream infrastructure or data center providers. If the requested configuration, IP range, or location is unavailable, SCALIBIT will offer an equivalent alternative or issue a full refund according to the Refund Policy.

3.2 If We Cannot Accept or Fulfil Your Order

If we do not or cannot accept or fulfil your order, we will inform you of this and refund any money you have paid to us. Examples of when we may not be able to fulfil your order include, but are not limited to:

• when your desired domain name is no longer available for registration;
• where the registry has applied a non-standard or premium price;
• where a domain transfer you have requested can no longer be completed;
• where the ordered server, configuration, or hardware specifications are temporarily out of stock or unavailable;
• where the specific data center location or upstream infrastructure provider requested is not available at the time of order;
• where a replacement configuration or server model has been offered but not accepted by you;
• where we are unable to verify your payment, identity, or compliance with our Anti-Fraud Policy;
• or where providing the service would violate applicable laws, regulations, or sanctions.

In such cases, you will be promptly notified, and if payment has already been received, a full refund for the affected service will be issued in accordance with our Refund Policy.

4. ACCOUNTS; ACCURATE INFORMATION; TRANSFER OF DATA ABROAD

4.1 Account Information

• 4.1.1 You agree to provide current, complete, and accurate information about yourself as required during the account creation process, and to maintain or update this information as necessary to keep it accurate and up to date. All such information shall be referred to as your account information (“Account Information”).

• 4.1.2 Upon registration, you will receive an email containing a verification link or code to confirm ownership of your email address. You must complete this verification process before your account becomes active. Orders placed under unverified accounts will not be accepted or processed.

• 4.1.3 You are responsible for ensuring that your email address remains valid and accessible at all times, as it serves as the primary method of communication for service notifications, billing alerts, and security verification. If you change your email address, you must notify SCALIBIT through the official Customer Support system and provide a new address, which will also require verification before being activated on your account.

• 4.1.4 You hereby grant SCALIBIT the right to disclose Account Information to third parties, in accordance with our Privacy Notice and Data Processing Agreement (DPA), for purposes of fraud prevention, regulatory compliance, and ensuring the security and integrity of SCALIBIT systems.

• 4.1.5 Providing false, incomplete, or misleading Account Information constitutes a violation of SCALIBIT’s Terms. SCALIBIT may deny account creation or cancel pending orders if any discrepancies or unverifiable details are detected during registration. Any payments received for such denied accounts will be refunded through the same payment method originally used.

• 4.1.6 SCALIBIT may suspend or disable any existing account without refund if the Customer willfully fails to promptly update Account Information upon change, or fails to respond for more than five (5) business days to inquiries by SCALIBIT regarding the accuracy or validity of Account Information.

4.2 Account Accuracy and Security

In order to access certain features of the Website or to use certain Services, you must create an Account. You represent and warrant that all information you provide when creating your Account is accurate, current, and complete, and that you will maintain the accuracy and completeness of this information throughout your use of the Services. You agree to notify SCALIBIT within five (5) business days of any change to your Account Information. Failure to respond within five (5) business days to any inquiries from SCALIBIT to verify the validity of your Account Information will constitute a material breach of this Agreement.

If SCALIBIT has reason to believe that your Account Information is untrue, inaccurate, incomplete, or misleading, SCALIBIT reserves the right, in its sole discretion, to suspend or terminate your Account and any related Services.

You are solely responsible for all activity occurring under your Account, whether authorized by you or not, and you must keep your Account credentials secure — including, without limitation, your username, support PIN code, password, API key (if any), and any other sensitive access information. You must notify SCALIBIT immediately of any breach of security or unauthorized use of your Account. SCALIBIT does not manage customer-side authentication systems or have access to customer login environments.

SCALIBIT shall not be liable for any loss or damage you incur due to unauthorized access or use of your Account. However, you may be held liable for any loss or damage suffered by SCALIBIT or others caused by such unauthorized use.

For security, anti-fraud, or regulatory compliance purposes, SCALIBIT reserves the right to request identity verification (such as government-issued ID, passport, or business registration documents) at any time. Verification may also be required when an order appears suspicious, is flagged by our fraud detection systems, or where there is an inconsistency between the account holder and payment or billing information. Such verification may include, but is not limited to, a government-issued photo ID, passport, company registration documents, proof of address, bank/payment receipts, and a selfie holding the ID.

Verification requests will only be made through secure SCALIBIT channels (e.g., the Client Portal or official support ticket), and any documents provided will be processed and retained in accordance with our Privacy Notice and applicable data protection laws. Failure to promptly provide requested verification may result in suspension, delay, or cancellation of the order, or termination of your Account and Services. SCALIBIT may also perform such verification prior to activating Services for first-time or high-risk orders.

All Account passwords are created and managed exclusively by the Customer during registration or through the Client Portal. SCALIBIT does not have access to, store, or retrieve customer passwords under any circumstances. For enhanced protection, customers may enable Two-Factor Authentication (2FA) from the Security Settings section of the Client Portal. When enabled, access to the Account will require both the account password and a time-based verification code generated by the Customer’s authentication app. By default, Two-Factor Authentication is disabled and must be manually activated by the Customer. SCALIBIT strongly recommends enabling this feature to provide an additional layer of security against unauthorized account access.

4.3 Transfer of Data Abroad

If you are visiting this Website or using our Services from a country other than the one in which our servers, upstream infrastructure providers, or data processing facilities are located, your communications with us and your use of our Services may result in the transfer of personal data (including your Account Information) across international borders.

By creating an Account, using our Services, or communicating electronically with SCALIBIT, you explicitly consent to such international transfers of personal data. These transfers may include the movement of data between SCALIBIT’s global infrastructure locations (such as data centers or cloud regions in the United States, Europe, Asia, or other jurisdictions where SCALIBIT or its trusted service providers operate).

All such transfers are carried out in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR, the Turkish Law on the Protection of Personal Data (KVKK), and other relevant international privacy frameworks. Where required, SCALIBIT implements appropriate safeguards — such as Standard Contractual Clauses (SCCs) or equivalent mechanisms — to ensure an adequate level of data protection.

5. ACCOUNT PANEL

The Account Panel associated with your account (“Account Panel”), typically accessible at https://scalibit.com/login, enables you to purchase, renew, extend, suspend, or cancel Services, and to manage billing, support tickets, and service configurations.

When you register for the Services, you will create login credentials (email and password). You may access or modify your Services, Content, or data only through these credentials. You are solely responsible for maintaining the confidentiality and security of your password and for all activities that occur under your Account or using your credentials.

SCALIBIT reserves the right to implement account verification procedures for security, anti-fraud, and regulatory compliance purposes. Such verification may include email verification, two-factor authentication (2FA), or other validation mechanisms. SCALIBIT may also request additional information to verify the ownership or legitimacy of the Account if suspicious activity or inconsistent data is detected.

You must immediately notify SCALIBIT of any unauthorized use of your Account, password, or any other security breach at support@scalibit.com. Failure to do so may result in suspension or termination of your Account. SCALIBIT shall have the right to monitor login credentials and may, at its discretion, require you to change them if deemed insecure or inappropriate. If your chosen username, email, or password is considered offensive, misleading, or violates third-party rights, SCALIBIT reserves the right to suspend or reclaim the Account.

You agree not to use the Account Panel to overload, interfere with, or abuse any SCALIBIT systems, APIs, or Services. Abuse includes, but is not limited to, excessive API calls, repeated automated actions, or any activity that disrupts or degrades the normal operation of SCALIBIT infrastructure. Determination of abuse shall be made solely at SCALIBIT’s discretion. Any violation may result in immediate Account suspension or termination without notice.

SCALIBIT reserves the right to remove or reclaim any usernames, identifiers, or account handles at any time and for any reason, including but not limited to third-party rights claims or security concerns.

It is your responsibility to ensure that SCALIBIT’s domain names (including “scalibit.com”) and notification emails are not blocked, filtered, or marked as spam by you or your email provider. You are also required to perform all necessary security, maintenance, and configuration tasks for your Services — including applying software updates, patches, and securing any applications, websites, or data hosted through SCALIBIT. You are solely responsible for managing and securing your content, databases, and any customer data hosted within your environment.

6. ACCOUNT USE

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your login email and password. SCALIBIT will never reset, modify, or disclose your password under any circumstances. If you are unable to access your Account, you must verify your identity through SCALIBIT’s established recovery procedures, which may include providing valid identification documents or verification details. Once verified, a secure password reset process will be initiated.

In the event of ownership or access disputes — including but not limited to partnership dissolution, business separation, divorce, or other legal conflicts — SCALIBIT will remain neutral and may place the affected Account or Services on administrative hold until a valid legal determination or mutual resolution is provided. During this period, SCALIBIT shall not be liable for any data loss, downtime, or financial damages resulting from such disputes.

You agree to defend, indemnify, and hold harmless SCALIBIT, its affiliates, officers, employees, and agents from any and all claims, damages, or liabilities arising out of or related to such ownership or access disputes, including attorney fees and associated legal costs.

If you are required to transmit sensitive or personal information to SCALIBIT (such as identity documents or payment verification data), you must ensure that such information is transmitted only through secure and encrypted channels designated by SCALIBIT (e.g., the Client Portal or official Support Ticket system). SCALIBIT is not responsible for any data transmitted through unsecured, third-party, or unofficial communication methods.

7. DATA PROTECTION, USE & PROCESSING

Important Clarification: For services where SCALIBIT acts solely as an infrastructure provider — including but not limited to Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers or Bare Metal — SCALIBIT does not process, monitor, or have access to customer data stored or managed on these servers. In such cases, the Customer retains full administrative and technical control, acting as both the data controller and data processor for any personal or business data hosted within their environment. SCALIBIT’s role is strictly limited to providing infrastructure, maintaining hardware functionality, and ensuring network availability; no content-level processing is performed. SCALIBIT’s obligations under this Section apply only to services where SCALIBIT processes personal data on behalf of the Customer (such as Shared Web Hosting or Managed Platform Services).

SCALIBIT provides hosted and cloud-based Services that may involve the submission, collection, storage, and/or processing of personally identifiable information about you or your customers (“Your Data”) in connection with your use of such Services (“Covered Services”). These Covered Services are limited to environments where SCALIBIT manages the system software layer or provides technical support involving limited data access. For the purposes of this Section, “Your Data” excludes any user content uploaded, stored, or managed by you that is outside the scope of SCALIBIT’s processing responsibility.

SCALIBIT acts as a Data Processor (or Service Provider under applicable law) with respect to Your Data, while you (and your applicable affiliates) act as the Data Controller (or Data Exporter). This role applies only to Covered Services where SCALIBIT has limited, controlled access to Your Data (for example, Shared Web Hosting or Managed Platform Services). The terms of SCALIBIT’s Data Processing Addendum (DPA) — including the Standard Contractual Clauses (where applicable) — are hereby incorporated into and form an integral part of these Terms of Service.

The DPA provides contractual assurance that SCALIBIT implements appropriate technical and organizational measures to safeguard Your Data and to ensure that any transfer of personal data from the European Economic Area (EEA), United Kingdom, or other jurisdictions with similar data protection requirements complies with applicable laws, including the General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA), and the Turkish Law on the Protection of Personal Data (KVKK).

By purchasing or using any Covered Service, you acknowledge and agree that such processing of Your Data will be conducted in accordance with the DPA and any applicable appendices (including the Standard Contractual Clauses where required). You further acknowledge that you are responsible for ensuring that your collection and use of personal data through SCALIBIT Services comply with applicable data protection laws, including providing any required notices and obtaining any necessary consents from your customers or end users.

SCALIBIT does not access, sell, share, or use Your Data except as required to deliver the Services, to fulfill legal obligations, or to maintain the security and integrity of its systems. SCALIBIT will not process Your Data for any purpose other than as described in the DPA or as otherwise authorized by you in writing.

For services where SCALIBIT acts solely as an infrastructure provider (as described in this Section), SCALIBIT has no access to, and does not store, monitor, or process any customer data. The Customer bears full responsibility for compliance with all applicable data protection and privacy laws regarding the collection, storage, and processing of such data, including obtaining necessary consents and providing required disclosures to data subjects. SCALIBIT shall not be deemed a Data Processor for any self-managed or customer-controlled environments.

8. OUR ACCEPTABLE USE AND ANTI-SPAM POLICIES

To use SCALIBIT Services, you acknowledge, agree to, and warrant ongoing compliance with our Acceptable Use Policy (AUP) and Anti-Spam Policy (collectively, the “Policies”), as each may be updated or amended from time to time. These Policies govern acceptable and prohibited uses of SCALIBIT Services, including but not limited to restrictions on content, abusive or harmful activity, bulk messaging, system or network abuse, and violations of applicable laws or regulations.

You understand and agree that compliance with these Policies is a material condition of your use of SCALIBIT Services. Any violation of the AUP or Anti-Spam Policy constitutes a material breach of this Agreement and may result in immediate suspension or termination of your Services without refund, and may also lead to legal action or reporting to appropriate authorities.

SCALIBIT reserves the right to investigate suspected violations and to take any action it deems appropriate, including restricting or disabling access, removing content, suspending accounts, or cooperating with law enforcement authorities, public prosecutors, courts, judicial bodies, and affected third parties. You remain solely responsible for all use of your Services, including activities of any users, sub-users, or third parties operating under your account.

The Acceptable Use Policy and Anti-Spam Policy are hereby incorporated by reference and form an integral part of these Terms of Service. If you do not agree to these Policies, you must discontinue use of the Services immediately.

9. AVAILABILITY OF WEBSITE & SERVICES

SCALIBIT shall use commercially reasonable efforts to provide this website, the Services available for purchase on our site, and the operation of our infrastructure on a twenty-four (24) hour, seven (7) day per week basis. However, you acknowledge and agree that from time to time, access to the Site or Services may be temporarily unavailable or inoperable due to: (i) maintenance, repairs, or upgrades performed by SCALIBIT; (ii) network or equipment malfunctions; or (iii) causes beyond our reasonable control, including but not limited to power outages, Internet or telecommunications failures, denial-of-service (DoS/DDoS) attacks, acts of God, natural disasters, pandemics, labor disputes, or governmental restrictions (collectively, “Force Majeure Events,” as further described in Section 52 – Force Majeure).

You acknowledge and agree that SCALIBIT has no control over the continuous or uninterrupted operation of the Internet or third-party networks, and that we assume no liability for any service interruption, degradation, or data loss arising from such events. Under no circumstances shall SCALIBIT be liable for any damages, loss of data, loss of revenue, or business interruption resulting from any temporary unavailability of the Services.

From time to time, SCALIBIT may introduce new or experimental features, limited preview services, or pre-release offerings (“Beta Services”). Beta Services are provided for testing and evaluation purposes only and are offered on an “as is,” “as available,” and “with all faults” basis. By using any Beta Services, you acknowledge and agree that:

(i) Beta Services may contain bugs, errors, or defects and may not operate reliably;
(ii) SCALIBIT does not recommend using Beta Services in production or mission-critical environments;
(iii) SCALIBIT may modify, suspend, or discontinue Beta Services at any time without prior notice;
(iv) Technical support for Beta Services may be limited or unavailable;
(v) Commercial versions of Beta Services may differ significantly from test versions and may not be backward compatible;
(vi) You agree to provide feedback or error reports to SCALIBIT and grant SCALIBIT a perpetual, worldwide, royalty-free license to use such feedback for product improvement and marketing purposes; and
(vii) You agree that all information about Beta Services is confidential and may not be disclosed to third parties without SCALIBIT’s prior written consent.

SCALIBIT disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to any Beta Services.

SCALIBIT may also make available certain products or services provided by third-party vendors. Such third-party offerings are subject to the terms and conditions of the respective providers. Unless otherwise stated, this Agreement governs the relationship between you and SCALIBIT, and nothing in any third-party agreement shall modify, expand, or diminish SCALIBIT’s obligations under this Agreement. For additional details, please refer to Section 26 – Third Party Products and Services.

10. YOUR RESPONSIBILITIES AND USE RESTRICTIONS

• 10.1 You are solely responsible for your use of the Services and for the actions and omissions of all users under your Account. You must ensure that all such users comply at all times with SCALIBIT’s Acceptable Use Policy (AUP). You agree to defend, indemnify, and hold harmless SCALIBIT from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your or your users’ use or misuse of the Services.

• 10.2 You and your users must use the Services in full compliance with all applicable local, state, and federal laws of the United States, as well as all applicable foreign, national, and international laws and regulations — including the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located, and including but not limited to data protection and privacy laws, intellectual property laws, and laws governing unsolicited commercial communications. You are responsible for obtaining and maintaining all required licenses, permits, and approvals necessary for your use of the Services.

• 10.3 Except where expressly provided, you are responsible for procuring, installing, operating, and maintaining all hardware, software, Internet connections, and third-party services (“Third-Party Products”) required to use the Services. SCALIBIT is not responsible for failures or errors caused by Third-Party Products. If we notify you that a Third-Party Product causes service disruption, you must promptly resolve the issue or discontinue its use. We may suspend or restrict Services until such issues are corrected. Technical assistance with Third-Party Products may be offered by SCALIBIT at our then-current support rates.

• 10.4 The Services are not designed or intended for use in hazardous environments requiring fail-safe performance, including but not limited to life support systems, nuclear facilities, aircraft navigation, or medical devices. You agree not to use the Services for such purposes and acknowledge that SCALIBIT shall have no liability for any damages or losses resulting from such use.

• 10.5 You must at all times use SCALIBIT Websites and Services in accordance with our Acceptable Use Policy, which is incorporated by reference. Any violation of the AUP constitutes a material breach of this Agreement.

• 10.6 You are fully responsible for all activity occurring under your Account, whether performed by you, your employees, contractors, agents, customers, or any third party.

• 10.7 You must ensure that your employees, agents, and contractors who access or use the Services are aware of and comply with this Agreement, and you are responsible for their compliance.

• 10.8 You shall not (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying structure of the Services or software; (ii) modify or create derivative works; or (iii) sell, rent, sublicense, or transfer any rights granted to you hereunder, except as expressly permitted. To the extent that any portion of the Services incorporates open-source software, such open-source licenses shall govern their respective components.

• 10.9 SCALIBIT reserves the right to access, monitor, preserve, or disclose information as reasonably necessary to: (i) comply with applicable law, regulation, or legal process; (ii) enforce this Agreement; (iii) detect, prevent, or address fraud, abuse, or technical issues; (iv) respond to support requests; or (v) protect SCALIBIT’s rights, property, and users.

• 10.10 The Services are subject to all applicable trade and economic sanctions, export control laws, and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and similar authorities. You represent and warrant that you are not: (a) located in or a resident of any embargoed or restricted country or region (including but not limited to Cuba, Iran, North Korea, Syria, or Crimea); or (b) identified on any U.S. or international sanctions list (including the SDN or SSI lists). Any use of the Services in violation of these laws is strictly prohibited and may result in immediate account suspension or termination.

• 10.11 You must comply with all applicable export and import control regulations in your use of the Services. You shall not export, re-export, or transfer the Services or related data without all necessary government approvals. Accessing the Services from outside your jurisdiction may constitute an export of technology, for which you are solely responsible.

• 10.12 You must use appropriate security practices, including strong passwords, multi-factor authentication, and access controls to protect your Account. You are solely responsible for any unauthorized access resulting from your failure to maintain adequate security.

• 10.13 You must immediately notify SCALIBIT upon discovering any security incident or unauthorized access related to your Account or use of the Services. You agree to fully cooperate with SCALIBIT and relevant authorities in investigating and resolving such incidents. For incidents involving personal data, the procedures outlined in SCALIBIT’s Data Protection, Use & Processing and Requests for Customer Information sections shall apply.

• 10.14 All use of SCALIBIT Services must comply with the terms set forth in SCALIBIT’s Acceptable Use Policy (AUP), which forms an integral part of this Agreement. Violations of the AUP may result in suspension, restriction, or termination of Services without refund, at SCALIBIT’s sole discretion.

• 10.15 You are responsible for the proper use of any IP addresses assigned to you in connection with the Services, including activities by your employees, contractors, resellers, or end users. You must comply with all applicable Regional Internet Registry (RIR) policies, as well as all local, state, and federal laws of the United States and all foreign, national, and international regulations — including the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located — governing IP address usage, routing, and network integrity. You must maintain accurate DNS and reverse DNS (PTR) records, and ensure that your use of IP space does not violate SCALIBIT’s Acceptable Use Policy or applicable laws. Abuse, misuse, or under-utilization of assigned IPs may result in suspension or reclamation pursuant to Section 14 – IP Addresses.

  This responsibility applies to all SCALIBIT Services, including but not limited to: Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Cloud Compute – Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal). All Services must be used in accordance with all applicable local, state, and federal laws of the United States, as well as foreign, national, and international laws and regulations, including the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located, and solely for lawful purposes.

• 10.16 You are responsible for maintaining independent, off-site backups of all data stored or transmitted through the Services. SCALIBIT does not guarantee data restoration in the event of loss or corruption. Backup responsibilities are outlined in Section 25 – Backups and Data Loss.

• 10.17 You must promptly respond to abuse or security notifications issued by SCALIBIT or its network providers and cooperate in investigations. Failure to address abuse reports or identified vulnerabilities may result in filtering, null-routing, suspension, or termination under Section 32.10.1 – Service Suspension (Overdue Accounts) and Section 34 – Termination & Cancellation Policy.

• 10.18 You are responsible for ensuring that any domain names or IP allocations associated with your Services do not infringe upon third-party intellectual property or trademark rights. Registrant information may be disclosed to ICANN, registries, or competent authorities as required by law.

11. SERVICES CONTENT

• 11.1 Our Services may allow you to upload, store, host, process, or transmit source code, files, software, applications, data, text, media, or other materials (collectively, your “Services Content”) for use with or through the Services.

• 11.2 Subject to this Agreement, you grant SCALIBIT a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process your Services Content solely as necessary to provide and maintain the Services and to perform our legal obligations.

• 11.3 As between you and SCALIBIT, you retain all ownership rights, title, and interest (including intellectual property rights) in and to your Services Content. SCALIBIT does not claim ownership of your Services Content.

• 11.4 Some Services may allow third parties to access or interact with your Services Content (collectively, your “End Users”), including via resale, hosted applications, websites, or APIs. You are fully responsible for your End Users, including their compliance with this Agreement and our Acceptable Use Policy. Any breach of this Agreement by your End Users shall be deemed a breach by you.

• 11.5 You are solely responsible for all aspects of your Services Content, including its legality, accuracy, and suitability. By providing or using your Services Content through SCALIBIT Services, you represent and warrant that:

    - (a) Your Services Content and its use do not violate any applicable law, regulation, or third-party rights;
    - (b) You have obtained all necessary rights, licenses, and permissions to use and distribute your Services Content;
    - (c) Your Services Content does not infringe or misappropriate any copyright, trademark, patent, trade secret, moral right, or privacy right;
    - (d) Your Services Content does not contain defamatory, libelous, obscene, or unlawful material, nor does it promote violence, discrimination, or illegal activities;
    - (e) You are solely responsible for the technical operation, maintenance, moderation, and support of your Services Content, including that contributed by your End Users.

• 11.6 You are responsible for configuring and using the Services in a secure manner and for maintaining appropriate backups, encryption, and data protection measures for your Services Content. SCALIBIT does not guarantee data retention or backups unless explicitly provided as part of a paid Service plan. To understand SCALIBIT’s backup policies, please refer to Section 25 – Backups and Data Loss. To the fullest extent permitted by law, SCALIBIT shall have no liability for any loss, corruption, unavailability, or destruction of your Services Content, regardless of cause.

• 11.7 When purchasing or using SCALIBIT Services, you may specify the geographic region or jurisdiction in which your Services Content will be stored. You expressly consent to the storage and transfer of your Services Content to such region(s), as well as to other jurisdictions where SCALIBIT or its infrastructure providers operate, provided that such transfers are made in accordance with applicable data protection laws. For more details on data processing responsibilities and lawful transfers, please refer to Section 7 – Data Protection, Use & Processing. You represent and warrant that you have obtained all necessary consents and authorizations for such cross-border transfers and storage.

• 11.8 SCALIBIT reserves the right (but has no obligation) to review, monitor, or remove any Services Content that violates this Agreement, the AUP, or applicable laws. We may also suspend or terminate your Services or access to your Services Content if required by local, state, or federal laws of the United States, by foreign, national, or international regulatory orders, or under the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located, or when necessary to protect the integrity, confidentiality, and security of our systems and network infrastructure.

12. DOMAINS & SSL CERTIFICATES

12.1 Domains

12.1.1 Domain Registration

SCALIBIT makes no representation or warranty as to the availability or successful registration of any domain name (“Domain”) requested by you. Domains are always registered in your name, and you are solely responsible for maintaining accurate and up-to-date WHOIS and contact information through your Client Area. Failure to maintain valid contact data may result in suspension or cancellation of the Domain. SCALIBIT reserves the right, at its discretion and without prior notice, to change the registrar of record to ensure optimal service continuity or compliance with ICANN or registry requirements.

For all applicable domain extensions (e.g., .com, .org, .net), you authorize SCALIBIT to act as your “Designated Agent” under ICANN’s Transfer Policy, thereby granting us permission to approve changes to registrant details or contact information on your behalf where such updates are requested by you or required by registry policies.

12.1.2 Registration and Renewal Responsibility

Our responsibility is limited to forwarding your domain order to the relevant registry or registrar. You are solely responsible for verifying that a Domain registration, renewal, or transfer has been successfully completed. SCALIBIT assumes no liability for any failure, delay, or error in the registration, renewal, or transfer process, regardless of cause.

Domain registration and renewal are subject to the terms and conditions of the relevant registry and ICANN’s policies. By placing a domain order, you agree to comply with all applicable registry and ICANN requirements, including the Registrant Rights and Responsibilities. You agree to indemnify and hold SCALIBIT harmless for any claim arising from your failure to comply with such terms.

12.1.3 Domain Renewals

SCALIBIT will attempt to automatically renew your Domain before its expiration date unless you have chosen manual renewal, cancellation, or have an outstanding payment. Renewal is not guaranteed. It is your responsibility to ensure that a valid payment method is available and that funds are sufficient prior to renewal. SCALIBIT shall not be liable for any loss resulting from failure to renew a Domain.

12.1.4 Renewal Period and Payment

Unless otherwise specified, Domains will be renewed for the same period as the initial registration term. Renewal fees will be charged at the prevailing rate at the time of renewal. SCALIBIT may process renewal payments up to seven (7) days before the Domain’s expiration date to prevent service interruption.

12.1.5 Domain Ownership and Transfer

Ownership of a Domain will be determined based on the WHOIS database information. If ownership is disputed or cannot be determined, SCALIBIT may request documentary evidence (such as invoices or identity verification) before processing any change or transfer. SCALIBIT reserves the right to refuse a transfer if ownership cannot be conclusively established or if required authorizations are not received.

12.1.6 Transfer Process

You are solely responsible for completing all actions required to transfer a Domain, including but not limited to: unlocking the Domain, obtaining the EPP/Auth code, updating the Nominet TAG (for .UK), and confirming authorization emails. If you wish to cancel a transfer, you must inform SCALIBIT in writing.

12.1.7 Transfer Limitations

You acknowledge that certain registries may automatically add one (1) year to the Domain registration term upon transfer, for which you will be charged. Some extensions have maximum registration terms; transfers exceeding this limit may be denied by the registry. SCALIBIT will not initiate a transfer until full payment for the order has been received.

12.1.8 Expired Domains

If a Domain is not renewed by its expiration date, it will cease to function and enter an expired state. Domains may be renewed within the grace period allowed by the registry (typically up to 30 days), subject to full payment of renewal fees. SCALIBIT is not responsible for any downtime, loss of domain rights, or data loss resulting from expiration.

12.1.9 Grace and Redemption Periods

Following expiration, a Domain may enter a grace or redemption period as defined by the registry. During this time, SCALIBIT may, at its sole discretion, renew the Domain, park it on temporary name servers, or auction, transfer, or otherwise dispose of it after the grace period ends. Domains in redemption status may be recoverable only upon payment of both renewal and redemption fees. SCALIBIT does not guarantee successful recovery of any Domain in redemption.

Certain registries do not offer a redemption or grace period, in which case the Domain will be permanently lost upon expiration. You acknowledge that recovery attempts may fail and that SCALIBIT is under no obligation to recover expired Domains. For further details regarding account or service termination events, please refer to Section 34 – Termination & Cancellation Policy.

.UK domains are governed by Nominet UK’s policies available at https://www.nominet.uk/uk-domains/policies/.

12.2 SSL Certificates

12.2.1 General Terms

SCALIBIT provides both complimentary and paid SSL/TLS certificates for use with its Hosting, Cloud, and Domain services. Free SSL certificates (such as Let’s Encrypt or AutoSSL) are provided as a convenience and are not guaranteed for issuance, renewal, or availability. Customers acknowledge that such free SSLs may be paused, replaced, or discontinued without prior notice.

12.2.2 Paid SSL Certificates

Paid SSL Certificates, once issued, are non-refundable and subject to the terms of the respective Certificate Authority (CA). Because validation, issuance, and revocation processes are controlled by the CA, SCALIBIT cannot cancel or refund any SSL order after issuance — regardless of validation failure, configuration errors, or non-use.

12.2.3 Customer Responsibility

Customers are solely responsible for ensuring the accuracy of all information submitted for certificate issuance, including domain ownership, organization details, and administrative contacts. SCALIBIT bears no responsibility for service interruption, browser warnings, or data loss caused by expired, invalid, or misconfigured SSL certificates.

12.2.4 Warranty and Liability Disclaimer

All SSL Certificates are provided “as is” without warranty of any kind. SCALIBIT disclaims all liability for issues arising from SSL configuration, renewal failures, or certificate authority errors. Refunds, reissuance, or replacements can only be made according to the issuing CA’s procedures and policies. For more information on liability limitations, please refer to Section 45 – Limitation of Liability and Section 46 – Disclaimer of Warranties.

13. HOSTING

13.1 Purpose of Services

Unless explicitly stated otherwise, SCALIBIT’s hosting services are intended solely for the operation of websites and email systems. Activities such as batch processing, video transcoding, web crawling, archiving, cryptocurrency mining, or online backup storage are strictly prohibited on Shared Web Hosting (cPanel, CWPpro, WordPress Hosting) platforms. SCALIBIT reserves the right to take immediate action to protect system stability, including suspension or termination of accounts engaged in unauthorized activities. Pornographic, adult, escort, or sexually explicit content and streaming websites are expressly prohibited.

13.2 Hosting Environment Suitability

Certain Shared Web Hosting plans (including cPanel Hosting, CWPpro Hosting, and WordPress Hosting) may include “unlimited” bandwidth or storage, which means SCALIBIT does not impose fixed caps. However, such usage remains subject to fair-use and resource allocation limits designed to maintain overall server stability. On Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal), available resources are strictly defined by the package purchased.

13.3 Fair Use of "Unlimited" Resources

All “unlimited” offerings are governed by a fair usage policy. Customers whose bandwidth, CPU, memory, or disk usage is excessive compared to the average consumption on the same platform may be required, at SCALIBIT’s sole discretion, to optimize their websites, implement caching or CDN solutions, or upgrade to a higher service tier. SCALIBIT reserves the right to temporarily throttle, restrict, or suspend services if usage exceeds fair operational limits. Failure to comply may result in suspension or additional charges.

13.4 Service Appropriateness

If SCALIBIT determines that your selected plan does not meet your technical or performance requirements, we may recommend an alternative service. SCALIBIT is under no obligation to continue providing services that are inadequate, unstable, or incompatible with your intended use. Refusal to migrate or upgrade upon notice may result in account suspension or termination.

13.5 Migration Assistance

As a courtesy, SCALIBIT may assist with migrating up to five (5) cPanel accounts (each under 1 GB in compressed backup size) from another provider within thirty (30) days of signup. Migration assistance does not guarantee successful transfer, data integrity, or compatibility with our systems. Migrations from unsupported control panels (e.g., Plesk, DirectAdmin, ISPConfig) may be declined. Additional or late migrations may incur administrative fees. SCALIBIT shall not be liable for any data loss, corruption, or downtime during or after migration. Customers remain fully responsible for maintaining their own backups.

13.6 Hosting Environment Changes

SCALIBIT reserves the right to modify, relocate, or upgrade its hosting environment (“like-for-like” changes) as necessary to maintain compliance, performance, and security. Such changes may include, without limitation:

• To comply with new laws, regulations, or industry standards; and

• To implement technical improvements or address security vulnerabilities.

SCALIBIT may change the physical data center or hosting node assignments without prior notice where technically necessary, provided that equivalent or higher performance is maintained. Where feasible, customers will be notified before such changes are enforced. Third-Party Providers. SCALIBIT may utilize third-party service providers, network partners, or data centers in the delivery of hosting services.

13.7 CDN and Bandwidth Policies

In regions with limited or high-cost bandwidth (e.g., the Middle East), SCALIBIT may require the use of an integrated Content Delivery Network (CDN) to improve performance and reduce origin bandwidth usage. SCALIBIT will provide reasonable assistance with CDN configuration and, where feasible, notify customers before enforcement. Failure to comply may result in bandwidth restrictions or suspension.

13.8 DDoS Protection and Mitigation

Unless explicitly included in your service plan, SCALIBIT does not guarantee protection against Distributed Denial of Service (DDoS), Denial of Service (DoS), or amplification attacks. Customers expecting or experiencing frequent attacks are responsible for implementing third-party DDoS mitigation (e.g., Cloudflare). SCALIBIT assumes no liability for downtime, data loss, or service unavailability due to such events.

13.9 Uptime Commitment

SCALIBIT endeavors to maintain a 99.9 % uptime for hosting services, excluding scheduled maintenance, emergency interventions, or events beyond SCALIBIT’s reasonable control. Scheduled maintenance or service-affecting operations will be announced in advance via the Client Area and/or Support Ticket system. For uptime-related compensation, please refer to Section 28 – Service Credits.

13.10 Backups

Backup services are provided only for Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting) accounts as a courtesy. Weekly backups overwrite previous versions and are not guaranteed for completeness, accuracy, or availability. Accounts exceeding 20 GB or 100 000 inodes are excluded from automated backups. SCALIBIT assumes no responsibility for any data loss, corruption, or unavailability resulting from backup failure. Customers are strongly encouraged and solely responsible for maintaining their own independent backups outside of SCALIBIT’s network. Unless otherwise stated, all backups are stored in the same data center region as the original account.

Backup services are not provided or guaranteed for the following infrastructure categories — Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and Dedicated Servers or Bare Metal. Customers are solely responsible for maintaining their own independent backups.

SCALIBIT assumes no responsibility for any data loss, corruption, or unavailability affecting these services.

For additional details on backup retention, frequency, and data recovery limitations, please refer to Section 25 – Backups and Data Loss (Backup & Data Retention Policy) of this Agreement.

13.11 Service Disruptions

SCALIBIT is not liable for service interruptions caused by circumstances beyond its control, including data center outages, upstream network issues, or force majeure. Such events are excluded from uptime calculations and do not entitle customers to refunds or credits. For related limitations, see Section 45 – Limitation of Liability.

13.12 Hardware Failures and Data Loss

SCALIBIT shall not be held responsible or liable for any data loss, corruption, or unavailability resulting from hardware or system failures — including but not limited to hard drive malfunction, RAID controller failure, power supply defects, or other component damage. While SCALIBIT employs enterprise-grade hardware and redundancy measures, no hardware or storage medium is immune to failure. Customers are solely responsible for maintaining their own off-site or independent backups to prevent data loss.

14. IP ADDRESSES

14.1 General Scope

Scope: This Section applies to all SCALIBIT Services, including but not limited to: Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal).

By default, Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting) accounts operate under a shared IPv4 and IPv6 address pool. A single dedicated IPv4 address may be assigned per account upon request, subject to technical feasibility, availability, and justification requirements. Multiple IP allocations are not permitted within Shared Web Hosting environments.

Nothing in this Section obligates SCALIBIT to provide a dedicated IP address. Dedicated IPs, where offered, are subject to eligibility verification, RIR justification, and applicable fees. SCALIBIT reserves the right to deny dedicated IP assignments if justification requirements are not met.

Each Virtual Machines plan — including VPS, VDS, and Dedicated Cloud Servers — and each Cloud Services plan — including Cloud Hosting, Cloud Servers, and Cloud Backup — includes one (1) usable IPv4 address at no additional cost. Similarly, each Cloud Compute Services plan (Standard Performance, High Performance, High Frequency) and Optimized Cloud Compute Services plan (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized) also includes one (1) usable IPv4 address free of charge.

For Dedicated Servers (Dedicated Servers or Bare Metal), customers are provided with either one (1) or five (5) usable IPv4 addresses (a /29 subnet), depending on the data center location and specific plan. In certain locations where SCALIBIT offers Dedicated Servers (Dedicated Servers or Bare Metal) services, the number of included IPv4 addresses may vary between one (1) and five (5); such details are clearly specified in each server plan description on SCALIBIT’s website.

IPv4 Allocation Limits: The number of IPv4 addresses that may be assigned to a service depends on the specific data center location, network infrastructure, and plan type. Some Dedicated Server and Cloud configurations may include a single IPv4 address by default and allow up to five (5) additional addresses upon justification, while certain enterprise-grade or region-specific environments may support larger allocations (for example, up to a /24 subnet), subject to technical feasibility, RIR policy compliance, SCALIBIT’s IP Address Services Policy, and payment of applicable fees. All such allocations are evaluated on a case-by-case basis and are not guaranteed.

Details regarding the number of default included IPv4 addresses and the maximum additional allocation available for each configuration are clearly displayed on the corresponding server plan pages within each data center location on the official SCALIBIT website.

Larger IPv4 assignments may require additional documentation or business justification in accordance with Regional Internet Registry (RIR) policies (RIPE NCC, ARIN, APNIC, AFRINIC, or LACNIC) and SCALIBIT’s internal IP Address Services Policy.

Ownership & Administrative Control: SCALIBIT and its verified infrastructure or data center partners retain full ownership and administrative control over all IP address space assigned, routed, or announced on behalf of customers, whether provisioned directly by SCALIBIT or through partner-operated infrastructure. All allocations represent temporary, non-transferable usage rights granted solely for the duration of the active service term. Upon suspension, expiration, or termination of the related service, all assigned IPv4 and IPv6 addresses immediately revert to SCALIBIT’s or its partners’ administrative control. Such assignments are governed by SCALIBIT’s IP Address Services Policy and applicable Regional Internet Registry (RIR) policies.

Reverse DNS (rDNS) Support: Reverse DNS functionality is available for all infrastructure-based services — including Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal). PTR record updates may be requested through the Support Ticket system and are subject to verification and compliance with SCALIBIT’s rDNS naming policy. Shared Web Hosting (cPanel Hosting, CWPpro Hosting, and WordPress Hosting) services are excluded from rDNS support.

Customers ordering multiple IP addresses must utilize at least eighty percent (80%) of their assigned IP addresses within thirty (30) days of allocation and maintain such utilization thereafter. Under-utilized addresses may be reclaimed without refund to ensure compliance with RIR allocation policies and SCALIBIT’s IP Address Services Policy.

SCALIBIT reserves the right to modify, replace, or withdraw IP address assignments for operational, compliance, or network management reasons — including but not limited to data center migrations, upstream provider changes, or abuse mitigation. Customers are responsible for updating all dependent configurations, including DNS records, reverse DNS (rDNS) entries, SSL bindings, and firewall rules. Temporary unavailability or DNS propagation delays shall not entitle customers to credits or refunds.

In cases where IP reassignment occurs, SCALIBIT will make reasonable efforts to provide advance notice to minimize disruption.

All activities originating from assigned IP addresses — whether associated with Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), or Dedicated Servers (Dedicated Servers or Bare Metal) — are the sole responsibility of the customer. This responsibility extends to all actions performed by your employees, agents, resellers, contractors, clients, sub-clients, or any third parties utilizing your systems or IP space.

Customers must implement and maintain appropriate security measures, access controls, firewall rules, abuse-prevention systems, and continuous monitoring to prevent misuse of their assigned IP addresses. Such misuse includes, but is not limited to: spamming, phishing, malware distribution, brute-force or denial-of-service (DoS/DDoS) attacks, port scanning, botnet command and control, unauthorized intrusion attempts, proxy/VPN tunneling, anonymization services, identity theft, payment fraud, or operating illegal marketplaces, as defined in the Acceptable Use Policy.

Legal Disclosure: SCALIBIT may disclose customer identification data, IP usage logs, or network activity records related to customer IP assignments provisioned through SCALIBIT or its verified infrastructure or data center partners, as required by applicable law. Such disclosures are strictly limited to the minimum scope necessary to satisfy lawful requests and are handled in coordination with verified infrastructure providers when technically required.

14.2 IP Address Allocation, Usage, and Responsibility

All IP addresses assigned to customers under SCALIBIT Services are allocated and managed either directly by SCALIBIT, by its upstream network providers, or through verified infrastructure or data center partners where SCALIBIT operates rented or colocated infrastructure. In some cases, IP addresses may be provided together with a leased or colocated server as part of the underlying data center’s allocation policy. Such IPs remain under the administrative control of SCALIBIT or its partners and represent temporary, non-transferable usage rights granted solely for the duration of the active service term.

This includes situations where SCALIBIT provides services through or in collaboration with its trusted network or data center partners located in various global regions. In all such cases, the Customer’s use of the assigned IP addresses is governed by the same legal and technical responsibilities described in this Section. SCALIBIT assumes no liability for any misuse, abuse, or unlawful activity originating from the Customer’s allocated IP space.

This structure ensures operational consistency across all network regions, whether IPs are directly allocated from SCALIBIT’s own address space or assigned by its verified infrastructure or data center partners.

Customers must utilize at least eighty percent (80%) of any multiple IPv4 allocations within thirty (30) days of issuance and maintain such utilization in compliance with applicable Regional Internet Registry (RIR) justification and utilization requirements. Under-utilized, abused, or unjustified allocations may be reclaimed without refund to maintain policy compliance and network efficiency.

Using SCALIBIT’s Services, servers, or IP addresses to facilitate, conceal, or otherwise enable illegal or fraudulent activity — including but not limited to identity theft, payment fraud, carding, phishing campaigns, or cyberattacks — is strictly prohibited. Provisioning, operating, or providing VPN, proxy, TOR-exit, anonymization, or any other intermediate-relay services that conceal identity for illegal, abusive, or fraudulent purposes is expressly prohibited.

Violations may result in immediate account suspension, IP revocation, or permanent termination without refund, and may be reported to competent authorities or upstream network providers. SCALIBIT also reserves the right to pursue any contractual or legal remedies available, including recovery of remediation costs, delisting fees, and reputation restoration expenses.

Reverse DNS (rDNS) and PTR record updates are available only for infrastructure-based services with dedicated IP allocations — including Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal). Such updates are subject to SCALIBIT’s rDNS naming and verification policies. Shared Web Hosting environments are excluded from rDNS customization unless expressly stated.

SCALIBIT may modify, replace, or withdraw IP address assignments for operational, compliance, or abuse-mitigation reasons — including data center migrations, upstream provider transitions, or network reallocation events. Customers are responsible for updating DNS, SSL, or firewall configurations accordingly, and SCALIBIT shall not be liable for any temporary unavailability, propagation delays, or routing changes caused by such modifications.

In cases involving law enforcement or regulatory inquiries, SCALIBIT may provide identification data, IP usage logs, or network activity information as required by applicable law. Such disclosures will be handled in accordance with privacy, data protection, and judicial cooperation laws and limited strictly to the minimum necessary scope.

For cases where the Customer’s own IP address space is announced via SCALIBIT’s network (BGP/AS), the terms, obligations, and responsibilities defined in Section 14.3 – Customer-Provided IP Announcements and Leasing shall apply in full.

14.3 Customer-Provided IP Announcements and Leasing

14.3.1 Customer-Owned IP Announcements

SCALIBIT may, at its discretion, announce Customer-owned IPv4 or IPv6 address space via its Autonomous System (AS) or through the AS of a verified infrastructure or data center partner, provided that valid proof of ownership or a Letter of Authorization (LOA) is submitted by the Customer. Such announcements may occur through SCALIBIT’s own infrastructure, or through third-party data centers or network providers in locations where SCALIBIT operates.

The Customer remains fully responsible for all traffic, routing behavior, and activities associated with their IP address space, including compliance with applicable laws, Regional Internet Registry (RIR) policies, and SCALIBIT’s abuse-handling procedures. SCALIBIT acts solely as a technical intermediary for BGP routing and does not monitor, filter, or control Customer traffic. Any unlawful use — including but not limited to spamming, phishing, cyberattacks, or other illegal activity — is the sole responsibility of the Customer and/or IP space owner.

SCALIBIT reserves the right to suspend, filter, or withdraw any route announcement without prior notice in the event of abuse, blacklisting, or regulatory violations. SCALIBIT accepts no liability for any civil, administrative, or criminal consequences arising from Customer-owned IP space announced via its network or partner networks. Upon termination or expiration of the Service, SCALIBIT will withdraw any such routes, and the Customer must ensure removal of all related advertisements, route objects, or DNS records.

SCALIBIT may, when required by law, disclose Customer identification details, IP routing data, or other relevant information to competent authorities (including but not limited to police, prosecutors, courts, and regulatory agencies) in accordance with applicable data protection and judicial cooperation laws. All disclosures are limited to the minimum scope necessary to satisfy lawful requests.

14.3.2 SCALIBIT-Owned IP Leasing and External Announcements

SCALIBIT may lease or assign its own IPv4 or IPv6 address space (in full or in part, such as /29–/24 subnets) to Customers for use either within SCALIBIT’s infrastructure or externally through a verified infrastructure or data center partner or third-party network chosen by the Customer. In such cases, the Customer must provide valid justification and ensure that the IP space is announced only through verified BGP sessions using a valid Letter of Authorization (LOA) issued by SCALIBIT. The Customer’s use of SCALIBIT-owned IP space remains subject to SCALIBIT’s IP Address Services Policy, this Agreement, and all applicable RIR policies.

All activities and traffic originating from such leased IP space are the sole responsibility of the Customer. SCALIBIT shall not be held liable under any circumstances for any illegal, unethical, or unauthorized activity involving the use of its leased IP addresses. The Customer agrees that all use of SCALIBIT-owned IP addresses must comply with applicable local and international laws, RIR policies, and SCALIBIT’s Acceptable Use Policy.

A written IP Lease Agreement must be executed before any external announcement or off-network usage is permitted. All such usage remains bound by the terms of that agreement and SCALIBIT’s internal IP Address Services Policy. In cases of abuse, blacklisting, regulatory violations, or formal law-enforcement requests, SCALIBIT reserves the right to immediately suspend, null-route, or permanently revoke the leased IP space without refund. SCALIBIT may cooperate with law enforcement or judicial authorities (including police, prosecutors, and courts) where required by law and provide relevant records or routing data.

Upon termination or expiration of the IP Lease, the Customer must immediately cease all use of the IP space, withdraw any BGP advertisements, and remove all associated route, SOA, or DNS records. Failure to comply may result in permanent blacklisting or enforcement actions, for which the Customer remains solely responsible.

15. ADDITIONAL RULES FOR CLOUD SERVICES AND DEDICATED SERVERS

This Section applies to all Cloud and Dedicated Infrastructure Services, including but not limited to: Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal).

Customers remain solely responsible for all activity within their assigned IP space and in all environments deployed under Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and Dedicated Servers (Dedicated Servers or Bare Metal), including any actions performed by employees, contractors, resellers, or end users. Use of SCALIBIT’s infrastructure is permitted only for lawful, ethical, and legitimate purposes, in full compliance with all applicable laws, regulations, and SCALIBIT policies. The following activities are strictly prohibited and constitute a material breach of this Agreement. This list is illustrative and not exhaustive; prohibited uses include, but are not limited to:

• Prohibited Identity Obfuscation and Anonymization. The use of SCALIBIT’s Services, servers, or any IP addresses assigned to you for the purpose of hiding or masking your real identity, originating IP address, or location — or for facilitating any illegal, abusive, or fraudulent activities — is strictly prohibited. This includes, without limitation, the operation of VPNs, proxies, anonymization systems, Tor exit nodes, or similar technologies intended to conceal identity, obscure traffic sources, or enable unlawful actions. Any such use constitutes a material breach of this Agreement and may result in suspension or termination of Services and disclosure to competent authorities.

• Spam and Unsolicited Communications. Sending, facilitating, or supporting spam, phishing, bulk unsolicited commercial email (UCE/UBE), or operating open-relay, bulk-mail, or mail-bombing systems in violation of SCALIBIT’s Anti-Spam Policy or applicable law is strictly prohibited.

• Hacking and Unauthorized Intrusion Attempts. Conducting, facilitating, or enabling hacking, vulnerability exploitation, network scanning, brute-force attempts, denial-of-service (DoS/DDoS) operations, or penetration testing of any system or network without authorization is strictly prohibited.

• Prohibited VPN, Proxy, and Relay Services. Provisioning or operating VPNs, proxy networks, or anonymization services that conceal identity or location for illegal, abusive, or fraudulent purposes is strictly forbidden. Legitimate VPN or secure-tunnel applications may be permitted only with explicit written approval from SCALIBIT and under strict compliance with applicable law.

• Gambling and Adult Content. Hosting, distributing, or facilitating gambling, betting, lottery, pornographic, or adult-oriented content — including explicit media, cam sites, or adult streaming platforms — is prohibited unless expressly authorized by SCALIBIT in jurisdictions where such activity is lawful and properly licensed.

• Malware, Botnets, and Exploit Distribution. Hosting, distributing, or controlling malware, botnets, ransomware, phishing pages, or any malicious software or infrastructure designed to compromise or harm others is strictly prohibited.

• Spoofing and Identity Misrepresentation. Engaging in header forgery, spoofing, impersonation, or any deceptive activity designed to obscure the source of traffic or impersonate third parties is prohibited.

• Illegal Goods and Contraband. Hosting or facilitating the sale or distribution of illegal drugs, weapons, counterfeit goods, or other restricted or controlled substances is strictly prohibited.

• Copyright and Intellectual Property Violations. Engaging in copyright infringement, unauthorized distribution of intellectual property, software cracking, warez, key generators, or any other form of piracy — including DMCA-infringing materials, torrents, or warez content — is forbidden.

• Fraud and Financial Crime. Using SCALIBIT Services, servers, or IP addresses to facilitate or enable illegal or fraudulent activity — including but not limited to identity theft, payment fraud, carding, operating illegal marketplaces, or processing proceeds of unlawful activity — is strictly prohibited.

• Cryptocurrency Mining and Blockchain Abuse. Cryptocurrency or blockchain-related computation (mining, farming, or validation) is not permitted on any SCALIBIT Service, unless specifically designated and approved for such purpose.

The mining of any cryptocurrency or participation in blockchain validation activities is strictly prohibited across all SCALIBIT Services, including but not limited to Shared Web Hosting, Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal).

This restriction applies to all forms of mining — including solo mining, pooled mining, cloud mining, hash-rate resale, or the use of any process, software, or mechanism designed to utilize CPU, GPU, or disk resources for cryptocurrency or blockchain computation. The operation of mining pools, blockchain node clusters, or resale of computing capacity for such purposes is also prohibited.

Any customer found engaging in or facilitating such activity may have their service immediately suspended or terminated without prior notice. SCALIBIT reserves the right to report such activities to competent authorities, upstream providers, or financial intelligence units (FIUs) as required by applicable law.

• Export Control and Sanctions Violations. Using SCALIBIT infrastructure to circumvent export control laws or international sanctions — including trade with sanctioned individuals, entities, or countries (e.g., OFAC, EU, UN, or similar restrictions) — is strictly prohibited.

• Illegal Content and Terrorism-Related Material. Hosting, distributing, or transmitting content that is illegal under applicable law — including child sexual abuse material (CSAM), hate speech, terrorism-related content, or materials promoting or glorifying violence or criminal acts — is strictly prohibited.

• Excessive Resource Utilization and Unauthorized Infrastructure Use. Operating high-volume data storage, file hosting, or backup services that cause excessive strain on disk I/O, network capacity, or shared infrastructure is prohibited. This includes, but is not limited to, using SCALIBIT infrastructure as file repositories, content delivery networks (CDNs), or for performing benchmark, stress, or load testing on SCALIBIT’s network or systems without express prior written consent.

All prohibitions listed above apply to any activity conducted through or facilitated by SCALIBIT’s infrastructure, servers, or assigned IP space (including Dedicated Servers or Bare Metal), regardless of service type or configuration.

Violation of any of the above prohibitions constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take appropriate action, including but not limited to immediate rate-limiting, null-routing, IP filtering, suspension, or termination of the offending service without prior notice, where necessary to protect the network, other customers, or to comply with legal obligations (see Sections 30, 32.10.1, and 34).

Customers must comply at all times with SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy, which define detailed requirements for permitted and prohibited behavior. SCALIBIT may report unlawful activities to competent authorities and will cooperate with law enforcement agencies as required by law.

Customers must maintain proper DNS and reverse DNS (rDNS) configuration, valid WHOIS data, and reasonable email hygiene (SPF, DKIM, DMARC). Customers are responsible for the reputation of their assigned IP space, and any blacklist removal or remediation costs may be billed to the customer as specified in Section 30 (Abuse and Enforcement).

You may use SCALIBIT Services and the IP addresses provided through these Services solely for lawful purposes. Any unlawful use is strictly prohibited. You are fully responsible for all activities carried out through your assigned services and IP addresses. In the event of any criminal investigation or legal process, SCALIBIT reserves the right to cooperate fully with law enforcement and competent authorities as required by applicable law.

16. CUSTOMER-MANAGED SERVERS AND RESPONSIBILITIES

16.1 General Conditions

For services such as Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal), SCALIBIT acts solely as an infrastructure provider. The Customer retains full administrative and technical control over the operating system, software, and all hosted data.

These services are fully customer-managed, meaning the Customer has exclusive control and responsibility for all system-level configurations, software installations, security measures, and access management. SCALIBIT does not access, oversee, or interfere with any customer environment, processes, or hosted content unless explicitly authorized and requested by the Customer for technical support purposes.

SCALIBIT does not access, monitor, or manage any customer data, software, or configuration stored or processed on customer-managed servers. Customers are fully responsible for system maintenance, updates, patch management, security configuration, and backup planning. SCALIBIT shall not be liable for data loss, corruption, unauthorized access, or software malfunction arising from Customer actions, omissions, or misconfigurations.

In cases where the Customer requests technical assistance that requires temporary administrative access, SCALIBIT may, at its discretion, provide limited support under controlled and auditable conditions. Such access is voluntary, time-limited, and must be revoked or changed immediately upon issue resolution. All temporary access is logged and automatically removed upon completion.

You may use SCALIBIT Services and assigned IP addresses solely for lawful purposes. Any unlawful or abusive use is strictly prohibited. The Customer is fully responsible for all activities conducted through their assigned servers and IP addresses. SCALIBIT will cooperate with competent authorities or verified infrastructure partners in case of legal or criminal investigations as required by applicable law.

16.2 Server Access & Security Recommendations

For all Customer-Managed Servers — including Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Compute, Optimized Cloud Compute, and Dedicated Servers (Dedicated Servers or Bare Metal) — the Customer is solely responsible for securing, maintaining, and monitoring their own system credentials, access controls, and administrative users.

To ensure proper protection of your infrastructure, SCALIBIT provides the following best-practice recommendations. These are offered as general security guidance and do not constitute managed service obligations. The Customer retains full responsibility for implementing, verifying, and maintaining all security controls on their systems.

• Change the default root/administrator password immediately upon first login.
• Modify the default SSH port (commonly 22) to a non-standard port to reduce automated attack attempts.
• Use SSH key-based authentication instead of password-based access for enhanced protection.
• Implement firewall rules (CSF, UFW, or equivalent) and restrict SSH access to known IPs only.
• Never share your server credentials or private keys with anyone, including SCALIBIT staff.
• Regularly install operating system and software security updates and patches.

Important Security Notice: SCALIBIT does not store, retain, or have access to customer passwords, SSH keys, or private administrative credentials after initial deployment. The confidentiality, management, and ongoing protection of all credentials rest entirely with the Customer. Any configuration changes made by the Customer — including SSH, password, or key-based authentication — are performed at the Customer’s sole discretion and risk.

If technical assistance requires system access, Customers must create a temporary user account with its own password and SSH port, and provide those credentials securely through the official Support Ticket system. Once the issue is resolved, the Customer must immediately revoke or delete the temporary account and update all associated access credentials. SCALIBIT will notify the Customer upon completion of any such support session.

Following these best-practice guidelines — such as using strong passwords, SSH key authentication, and customized ports — can enhance the security and stability of your server environment; however, implementation and ongoing maintenance remain the sole responsibility of the Customer.

16.3 Backup Responsibility

SCALIBIT does not perform or maintain backups for any of the following services: Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal).

All data protection, backup creation, verification, and restoration are solely the Customer’s responsibility. Customers are strongly encouraged to maintain off-site or third-party backups to ensure continuity in case of data loss or system failure. SCALIBIT shall not be held liable for any data loss, corruption, or unavailability resulting from the Customer’s failure to maintain independent backups or from any configuration errors, hardware failures, or software issues within the Customer’s environment.

For additional details on backup retention, recovery limitations, and related liability disclaimers, please refer to Section 25 – Backups and Data Loss (Backup & Data Retention Policy) of this Agreement.

17. YOUR OBLIGATIONS UNDER THE CONTRACT

As a customer of SCALIBIT, you acknowledge, understand, and agree that all content, data, scripts, software, or materials uploaded, transmitted, or otherwise made available through your account or by other customers are the sole responsibility of the person from whom such content originated. SCALIBIT does not control, review, or guarantee the accuracy, integrity, or quality of any user-generated content. By using our Services, you acknowledge that you may be exposed to content uploaded by other customers that is inaccurate, incomplete, or offensive, and you agree that SCALIBIT shall not be held liable for any damages resulting from such content or its transmission.

• 17.1. 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. SCALIBIT will, where necessary, fully cooperate with competent authorities and law enforcement agencies.

• 17.2. You must not use the Services to transmit, host, or engage in any illegal, harmful, fraudulent, or offensive activity. You are responsible for ensuring full compliance with all applicable laws in both your jurisdiction and the jurisdiction of the server location. Prohibited activities include, but are not limited to:

  • Using SCALIBIT Services, servers, or IP addresses to facilitate, conceal, or otherwise enable illegal or fraudulent activity, including but not limited to identity theft, payment fraud (e.g., using stolen credit cards), operating illegal marketplaces, or processing proceeds of unlawful activity.

  • Provisioning or operating VPNs, proxies, or anonymization services that conceal identity for illegal purposes, or to facilitate criminal, fraudulent, or abusive behavior.

  • Prohibited Identity Obfuscation and Anonymization. The use of SCALIBIT’s Services, servers, or any IP addresses assigned to you for the purpose of hiding or masking your real identity, originating IP address, or location — or for facilitating any illegal, abusive, or fraudulent activities — is strictly prohibited. This includes, without limitation, the use or operation of VPNs, proxies, anonymization systems, Tor exit nodes, or similar technologies intended to conceal identity, obscure traffic sources, or enable unlawful actions. Any such use constitutes a material breach of this Agreement and may result in suspension or termination of Services and disclosure to competent authorities.

  • Hosting or facilitating gambling, betting, lottery, or sweepstakes services is strictly prohibited.

  • Hosting, distributing, or making available adult, pornographic, obscene, or sexually explicit content, including but not limited to pornography streaming, escort services, or adult cam websites.

  • Sending Unsolicited Commercial Email (UCE/UBE), spam, or operating bulk-mail systems in violation of SCALIBIT’s Anti-Spam Policy.

  • Operating open mail relays, open proxies, anonymizers, or services that allow unauthenticated third-party relay in a manner that facilitates abuse.

  • Hosting, distributing, or controlling malware, botnets, phishing pages, ransomware, or other malicious software or infrastructure designed to compromise, exploit, or harm others.

  • Conducting or facilitating network attacks, including denial-of-service (DDoS), unauthorized port scanning, brute-force attacks, or exploiting vulnerabilities in third-party systems.

  • Engaging in header forgery, spoofing, identity misrepresentation, or any other deceptive or misleading activity designed to obscure the source of traffic or impersonate third parties.

  • Hosting or distributing content that is illegal under applicable law, including child sexual abuse material (CSAM), hate speech, terrorism-related content, or materials encouraging or promoting criminal acts.

  • Hosting or facilitating the sale or distribution of illegal drugs, weapons, counterfeit goods, or other controlled substances or items.

  • Engaging in copyright infringement, unauthorized distribution of intellectual property, software cracking, warez, key generators, or any other form of digital piracy.

  • Using SCALIBIT infrastructure to circumvent export control laws or international sanctions, including trade with sanctioned individuals, entities, or countries (e.g., OFAC/SDN restrictions).

  Violation of any of the above prohibitions constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take appropriate action, including but not limited to immediate suspension or termination of the offending service without prior notice where necessary to protect its network, infrastructure, other customers, or to comply with legal obligations (see Sections 30, 32.10.1, and 34).

  Customers must comply at all times with SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy, which provide detailed requirements for permitted and prohibited activities. SCALIBIT may report unlawful activities to competent authorities and will cooperate fully with law enforcement agencies as required by applicable law.

  You may use SCALIBIT Services solely for lawful purposes. Any unlawful use is strictly prohibited. You are fully responsible for all activities carried out through your Services and assigned IP addresses. In the event of any criminal investigation or legal process, SCALIBIT reserves the right to cooperate fully with law enforcement and competent authorities as required by applicable law.

• 17.3. 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.

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

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

• 17.6. Operating proxy scripts or anonymizers is strictly prohibited and will result in immediate suspension or termination of service.

• 17.7. 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.

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

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

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

• 17.11. 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.

• 17.12. Sites must conform to recognised international copyright law.

• 17.13. 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 intellectual property rights, and will not be made in bad faith. You consent to SCALIBIT making your registration details available to ICANN, the applicable registry, and law enforcement or governmental bodies as required by law.

• 17.14. Customers undertake to take all actions required under applicable laws and to fully cooperate with competent governmental authorities and law enforcement agencies where necessary.

• 17.15. Customers agree not to use Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting) space as storage for backups or files unrelated to the hosted website. Such content may be removed without prior warning.

• 17.16. Customers are responsible for keeping their accounts up to date and secure at all times. Directories must be chmod to 711, and configuration files containing passwords must be chmod to 600. Scripts, plugins, and modules must be kept up to date. Strong passwords must always be used.

• 17.17. Customers acknowledge that SCALIBIT may, upon receipt of an official and verifiable request from competent authorities (including but not limited to law enforcement agencies, prosecutors, or courts), provide account-related data, IP address usage details, or service logs as required by law. Such disclosures will be limited strictly to the scope of the legal request and applicable jurisdiction.

• 17.18. Network Usage and Security Compliance.

  Customers must use SCALIBIT’s network and connectivity infrastructure responsibly and in compliance with all applicable laws, technical standards, and the Acceptable Use Policy (AUP). Activities that compromise, disrupt, or interfere with the normal operation, integrity, or availability of SCALIBIT’s network, servers, or other customers’ services are strictly prohibited.

  • Engaging in or facilitating Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks, flooding, mail-bombing, or broadcast abuse;

  • Unauthorized port scanning, probing, or testing the vulnerability of any system, network, or service without prior written authorization from SCALIBIT;

  • Operating open proxies, open mail relays, or open recursive DNS servers that may be misused by third parties;

  • Hosting, promoting, or participating in cryptocurrency mining, blockchain validation, or hash-rate resale without SCALIBIT’s explicit written consent;

  • Circumventing bandwidth limits, traffic shaping, or network restrictions imposed by SCALIBIT or its upstream providers;

  • Transmitting or distributing malware, ransomware, phishing payloads, or other harmful network traffic;

  • Retaliatory or harmful behavior toward SCALIBIT’s infrastructure, employees, or network monitoring systems.

  Any violation of this section constitutes a material breach of this Agreement and may result in immediate service suspension or termination pursuant to Section 30 (“Abuse, Spam & Enforcement”). SCALIBIT reserves the right to preserve relevant logs, cooperate with law enforcement, and take all necessary actions to maintain the security and stability of its network.

SCALIBIT reserves the right to pre-screen, refuse, and/or delete any content available through our Services that violates this Agreement or is otherwise deemed inappropriate. SCALIBIT also reserves the right to access, preserve, and/or disclose customer account information or content if required by law or in good-faith belief that such action is reasonably necessary to:

• Comply with any legal process;

• Enforce this Agreement;

• Respond to any claim that content violates the rights of any third party;

• Respond to customer service requests; or

• Protect the rights, property, or personal safety of SCALIBIT, its users, or the public.

SCALIBIT may include security components that protect digital information or materials. You may not attempt to override or circumvent any such protections. Unauthorized reproduction, distribution, or exhibition of any materials supplied through our Services, whether in whole or in part, is strictly prohibited.

18. ACCEPTABLE USE POLICY (AUP)

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

• 18.1. You shall use all Services for lawful purposes only and shall 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.

• 18.2. You shall 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, person, or entity without their express permission.

• 18.3. You shall NOT use our site or Services in a manner (as determined by us in our sole and absolute discretion) that:

  • Violates any 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, including the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located.

  • Promotes, encourages, or engages in child pornography or the exploitation of children.

  • Causes harm to minors in any manner whatsoever.

  • Promotes, encourages, engages in, 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 other internet forum.

  • Makes, attempts, or allows any unauthorized access to SCALIBIT’s website, servers, your own hosting account, or the account of any other SCALIBIT customer.

  • 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 or facilities, or the servers and facilities of other network hosts or internet users.

  • Forges the signature or other identifying mark or code of any person or engages in any activity intended to deceive others regarding the true identity of the user.

  • Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party (including uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe on such rights).

  • Contains viruses, trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to disrupt, damage, or limit the functionality of any software or hardware.

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

  • Uploads unacceptable material including, but not limited to: IRC bots, warez, image/file storage, mirror or banner-ad services, topsites, streaming, escrow, High-Yield Interest Programs (HYIP), investment sites (FOREX, E-Gold Exchange, etc.), cryptocurrency miners, sale of controlled substances without appropriate permits, AutoSurf sites, bank debenture trading programs, lottery sites, MUDs/RPGs, hate sites, hacking archives or programs, IP scanners, brute-force programs, mail bombers, or spam scripts.

  • Engages in or initiates actions that cause harm to SCALIBIT or other customers (including actions resulting in blacklisting any of our IPs by spam databases or causing DDoS attacks).

  • Reverse engineers any API or attempts to use an API to obtain confidential information.

  • Circumvents an API to violate SCALIBIT restrictions (including accessing other customers’ services or avoiding payment).

  • Overloads our systems, including APIs, in any way.

  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription, including hosting online pharmacies.

  • Violates the privacy or publicity rights of any user or entity, or breaches any duty of confidentiality you owe to another person or entity.

  • Uploads, posts, emails, transmits, or otherwise makes available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • Operates lottery or gambling sites.

  • Engages in crypto coin mining or related activities.

  • Violates U.S. export control laws.

  • Hosts, distributes, or links to pornographic material, nudity, child pornography, escort listings, or escort services.

  • Storing or processing protected health information (PHI) or personally identifiable information (PII) without appropriate safeguards or authorization, including information subject to HIPAA or equivalent data protection laws.

  • Uploads, posts, emails, transmits, or otherwise offers any content that you do not have the legal right to offer pursuant to any law or contractual relationship.

  • The use of SCALIBIT’s Services, servers, or any IP addresses assigned to you for the purpose of hiding or masking your real identity, originating IP address, or location — or for facilitating any illegal, abusive, or fraudulent activities — is strictly prohibited. This includes, without limitation, the use or operation of VPNs, proxies, anonymization systems, Tor exit nodes, or similar technologies intended to conceal identity, obscure traffic sources, or enable unlawful actions. Any such use constitutes a material breach of this Agreement and may result in suspension or termination of Services and disclosure to competent authorities.

  • Intentionally or unintentionally violates any local, state, federal, national, or international laws, including but not limited to regulations of the U.S. Securities and Exchange Commission or any other securities exchange, including the NYSE, NASDAQ, or similar entities, as well as the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located.

  In addition, the following unlawful and prohibited uses apply:

  • Using SCALIBIT Services, servers, or IP addresses to facilitate, conceal, or otherwise enable illegal or fraudulent activity, including but not limited to identity theft, payment fraud (e.g., using stolen or cloned credit cards), operating illegal marketplaces, or processing proceeds of unlawful activity.

  • Provisioning or operating VPNs, proxies, or anonymization services that conceal identity for illegal purposes or facilitate criminal, fraudulent, or abusive behavior.

  • Hosting or facilitating gambling, betting, lottery, or sweepstakes services is strictly prohibited.

  • Hosting, distributing, or making available adult, pornographic, obscene, or sexually explicit content, including but not limited to pornography streaming, escort services, or adult cam websites.

  • Hosting, distributing, or controlling malware, botnets, phishing pages, ransomware, or other malicious software or command-and-control infrastructure intended to exploit or harm others.

  • Conducting or facilitating any form of network attack, including denial-of-service (DDoS), unauthorized port scanning, brute-force attacks, or exploiting vulnerabilities in third-party systems.

  • Engaging in header forgery, spoofing, identity misrepresentation, or any deceptive activity designed to obscure the origin of traffic or impersonate third parties.

  • Hosting, distributing, or transmitting content that is illegal under applicable law, including child sexual abuse material (CSAM), hate speech, terrorism-related material, or content promoting criminal acts.

  • Hosting or facilitating the sale, promotion, or distribution of illegal drugs, weapons, counterfeit goods, or any controlled substances or items.

  • Engaging in copyright infringement, unauthorized distribution of intellectual property, software cracking, warez, key generators, or any other form of piracy.

  • Using SCALIBIT infrastructure to circumvent export control laws or international sanctions, including trade with sanctioned individuals, entities, or countries (e.g., OFAC/SDN restrictions).

  • Sending Unsolicited Commercial Email (UCE/UBE), spam, or operating bulk-mail systems in violation of SCALIBIT’s Anti-Spam Policy.

  • Operating open mail relays, open proxies, or services that allow unauthenticated third-party relay in a manner that facilitates abuse.

  • Using SCALIBIT resources to engage in or support money laundering, terrorist financing, or any activity in violation of financial or anti-terrorism regulations.

  • Engaging in activities that intentionally cause degradation of SCALIBIT’s network, reputation, or services, including IP blacklisting or abuse complaints caused by the customer’s usage.

  Zero-Tolerance Adult Content Policy. SCALIBIT maintains a strict zero-tolerance policy toward adult or pornographic content. Any violation may result in immediate suspension or termination of Service without refund.

  Violation of any of the above constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take immediate action, including but not limited to rate-limiting, null-routing, filtering, suspension, or termination of the offending service without prior notice where necessary to protect the network, other customers, or to comply with legal obligations.

  Customers must comply at all times with SCALIBIT’s Acceptable Use Policy (AUP) and Anti-Spam Policy. SCALIBIT may report unlawful activities to competent authorities and will cooperate fully with law enforcement agencies as required by applicable law.

  IP Address Responsibility. Customers are solely responsible for all activities conducted through their assigned IP addresses, and any abuse or illegal activity originating from these IPs shall be deemed the responsibility of the customer of record.

• 18.4. You shall 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.

• 18.5. You agree to back up all of your User Content, including email and applicable data, so that you can access it when needed. SCALIBIT does not warrant that we back up any account, User Content, or email data, and you agree to accept as a risk the potential loss of any and all of your content.

• 18.6. You agree to provide government-issued photo identification (such as a national ID card, passport, or driver’s license) and/or government-issued business identification documents (such as company registration, tax certificate, or proof of address), as well as any additional verification materials we may reasonably request (including a selfie holding your ID, and other supporting documentation if necessary) to verify your identity, prevent fraud, and ensure compliance with applicable regulations. Failure to provide such verification upon request may result in suspension, delay, or termination of Services.

• 18.7. The use of SCALIBIT Services, servers, or IP addresses for VPN, proxy, anonymization, or any other obfuscation purposes that facilitate, conceal, or enable illegal, fraudulent, or abusive activity — including but not limited to fake purchases, stolen or cloned credit card usage, identity theft, payment fraud, defamation, unauthorized access attempts, operation of illegal marketplaces, or processing the proceeds of unlawful activity — is strictly prohibited.

  Provisioning, operating, or providing VPN, proxy, or anonymization services that conceal identity for illegal, abusive, or fraudulent purposes is also expressly prohibited, including but not limited to hiding, masking, obfuscating, or otherwise concealing the real IP address or location of users or endpoints. Violations may result in immediate account suspension, IP revocation, or permanent termination without refund and may be reported to competent authorities.

  SCALIBIT reserves the right to cooperate fully with authorized public institutions and law enforcement agencies in relation to such incidents and to provide relevant customer, service, or IP-related information upon receipt of an official and verifiable request. Any IP addresses or services found to be involved in illegal VPN, proxy, or anonymization activity may be immediately suspended and reported to competent authorities without prior notice.

SCALIBIT reserves the right, at its sole discretion, to refuse Services to anyone. Any material that, in SCALIBIT’s judgment, is obscene or threatening is strictly prohibited and will be removed from SCALIBIT servers immediately, with or without prior notice. Such actions may lead to warnings, suspension, or immediate account termination without refund.

No Refund on Violation. No refunds shall be issued for any Service terminated as a result of an AUP or ToS violation.

You agree that we have the sole right to determine what constitutes a violation of the AUP described above, as well as 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 at its discretion and will notify you. SCALIBIT’s decision in such cases is binding and final and cannot be subject to further change. SCALIBIT shall not be liable for any loss or damage arising from measures taken to prevent or mitigate actions causing harm to SCALIBIT or any third party.

Violations of this Section may also result in immediate account suspension or permanent termination under Section 32.10.1 (Immediate Termination for Abuse or Security Risk) of this Agreement.

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

Acceptable Use Policy — The SCALIBIT Acceptable Use Policy applies to all services, including but not limited to Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal).

19. ACCEPTABLE EMAIL USAGE

• 19.1 Shared Web Hosting Email Deliverability

  Shared Web Hosting services (cPanel Hosting, CWPpro Hosting, WordPress Hosting) include standard email functionality as a complementary feature of the hosting package. When a hosting account is provisioned, the system automatically generates DNS, SPF, and DKIM records for the associated domain name to facilitate basic email authentication and outbound delivery. However, the Customer is solely responsible for ensuring that these records are correctly propagated, valid, and actively maintained — particularly when the domain uses external DNS providers (e.g., Cloudflare, external registrars, or third-party DNS systems).

  SCALIBIT does not automatically create or manage DMARC records, which are required by certain mail providers (including Google, Microsoft, and Yahoo) for optimal deliverability and authentication compliance. The Customer must manually configure DMARC and any additional DNS-based authentication policies if required by their email usage or third-party mail provider standards.

  While SCALIBIT maintains proper mail server hygiene and implements SPF/DKIM signing at the server level, it does not guarantee deliverability to specific recipients or third-party mail systems. Email transmission and delivery may be affected by factors beyond SCALIBIT’s control, including but not limited to: the message content (subject lines, body text, attachments, signatures, or embedded links), the reputation or filtering policies of external mail providers (e.g., Microsoft Outlook/Hotmail, Google Gmail, Yahoo, Yandex, Zoho, ProtonMail, or mail systems hosted by other hosting providers), and the recipient’s configuration or spam filtering mechanisms. SCALIBIT shall not be held liable for emails delayed, rejected, or filtered as spam due to such external or content-based factors.

  SCALIBIT maintains global outbound IP reputation monitoring; however, Customers share outbound mail infrastructure in Shared Hosting environments. In the event that a Customer’s domain or outbound IP becomes blacklisted (e.g., by Spamhaus, Barracuda, or similar RBL/DBL providers), SCALIBIT may take immediate corrective action including IP reassignment, rate limitation, or temporary suspension to protect overall mail system integrity. SCALIBIT is not responsible for third-party blacklistings caused by Customer activity or content.

  Email functionality under Shared Web Hosting is provided on a best-effort basis and is intended for normal website-related communication only. Bulk mailing, mass marketing, or automated newsletter systems must not be operated from shared environments. Such activities are subject to the Anti-Spam Policy and may result in immediate suspension or termination without refund.

  Customers who purchase a Dedicated IP address under Shared Web Hosting plans may use that IP for outbound mail delivery. This configuration provides sender-level isolation but remains part of the shared mail infrastructure. All email routing, delivery, and filtering processes continue to operate under SCALIBIT’s shared hosting framework and outbound policies. A Dedicated IP does not convert a Shared Hosting account into a separate or managed mail service, and all general email usage restrictions under this Policy remain fully applicable.

  Outbound email connections initiated from Customer devices (such as desktop mail clients, mobile devices, or remote networks) may originate from dynamic public IP addresses assigned by third-party Internet Service Providers (ISPs). These sender IPs are not part of SCALIBIT’s infrastructure and may occasionally appear in external reputation or blacklist databases (e.g., Spamhaus PBL) unrelated to our network. Such listings or reputation issues can occur even when authentication through SCALIBIT’s mail servers succeeds, and may negatively affect message deliverability or cause messages to be filtered by recipient systems. SCALIBIT cannot control or guarantee delivery outcomes when an external ISP IP is listed, blocked, or flagged by reputation systems. Customers are responsible for using secure, authenticated SMTP connections and ensuring that their local network or ISP-assigned IP addresses maintain good reputation standing and are not listed in public databases.

• 19.2 Virtual Machines (VMs), Cloud Environments, and Dedicated Servers

  For all other SCALIBIT infrastructure services — including Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) — email configuration, security, and deliverability are the sole responsibility of the Customer.

  SCALIBIT provides initial server provisioning (including OS installation and root credential delivery) but does not manage or maintain post-deployment configurations. Customers are responsible for setting up and maintaining their own mail transfer agents (MTAs), including but not limited to: rDNS (PTR) records, SMTP configuration, SPF/DKIM/DMARC records, TLS/SSL certificates, and IP reputation management. Any issues related to outgoing or incoming email delivery, spam reputation, or blocklisting (RBL/DBL listings) are the Customer’s sole responsibility.

  Reverse DNS (rDNS/PTR) configuration is not automatically applied by SCALIBIT. Customers may request rDNS updates for their assigned IP addresses via the Customer Portal or support ticket, subject to validation and compliance review. Incorrect or fraudulent rDNS records (e.g., impersonation of third-party domains) may result in suspension or IP revocation.

  SCALIBIT does not monitor, manage, or maintain Customer-operated mail systems, and is not responsible for undelivered or filtered messages caused by misconfiguration, third-party reputation systems, or remote mail server policies.

  Support for mail-related configuration (e.g., initial MTA setup, mail service configuration, or port management) may be offered by SCALIBIT as a paid administrative service upon Customer request. Such assistance is limited to initial setup, configuration, or verification tasks. Ongoing maintenance, reputation management, or monitoring remain the sole responsibility of the Customer.

  In addition, Customers must ensure that no spam, bulk, or unsolicited email is transmitted from their servers. If SCALIBIT detects spam or abuse activity — including but not limited to unsolicited bulk email, high complaint rates, or IP blacklisting — the affected Service may be throttled, suspended, or terminated without prior notice in accordance with our Anti-Spam & Abuse Policy. Such enforcement may include temporary or permanent suspension of outbound email ports, IP isolation, or null-routing to protect network reputation. Repeated or unaddressed spam-related violations may result in complete service termination without refund and permanent loss of the assigned IP range. Blacklist removal or remediation requests may incur additional non-refundable administrative or third-party costs as specified in the Anti-Spam & Abuse Policy (Sections 8–10).

  When Customers use external mail clients (such as Outlook, Thunderbird, or mobile applications) to connect to their self-managed mail servers, outgoing messages may include the public IP address of the Customer’s local Internet connection (assigned by their Internet Service Provider, or ISP). These originating IPs are outside SCALIBIT’s control and may occasionally appear in third-party reputation databases or dynamic IP lists (e.g., Spamhaus PBL). SCALIBIT cannot guarantee or influence deliverability outcomes affected by such external ISP addresses, and the Customer remains fully responsible for maintaining their own network reputation and mail compliance.

• 19.3 General Email Usage Policy

  SCALIBIT provides SMTP access and outbound mail capability for normal, day-to-day communication needs. All outbound mail is automatically scanned by a cloud-based spam filtering system. Outbound mail may also be subject to reasonable rate limits to prevent abuse.

  SCALIBIT maintains a zero-tolerance policy against spam. The sending of bulk or unsolicited e-mails is strictly prohibited at all times. Customers who abuse the e-mail service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated, or blocked without notice. Repeated violations may also result in permanent IP blacklisting.

  By purchasing or using our Services, you agree to the following:

  • 19.3.1. Not to send e-mails that may cause annoyance, inconvenience, or anxiety to a recipient.

  • 19.3.2. Not to send any e-mails likely to cause distress, or any material that is offensive, indecent, obscene, menacing, or in any way unlawful.

  • 19.3.3. To include a clear and functional opt-out mechanism in all newsletter or marketing communications.

  • 19.3.4. Not to use our mail services or network to send e-mails to any user who has not consented to receive them.

  • 19.3.5. Not to use our mail services or network to send unsolicited e-mails, whether in bulk (commonly known as "spam") or individually.

  • 19.3.6. Not to use our mail services or network with the intent to deprive others of service (commonly known as "mail bombing").

  • 19.3.7. 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.

  • 19.3.8. Not to use any e-mail address that you are not authorized to use.

  • 19.3.9. To ensure that any e-mail servers connected to our network and operated by you are not configured to allow “open relay.”

  • 19.3.10. To take full responsibility for your own e-mail reputation, including deliverability and compliance.

  • Customers must promptly respond to any abuse or spam complaints received via SCALIBIT’s abuse channels. Failure to resolve valid abuse reports may result in service suspension or termination.

  • 19.3.11. Not to take any action that would cause you or SCALIBIT to be in breach of applicable U.S. federal or state laws, including the CAN-SPAM Act, relevant data protection laws, the EU General Data Protection Regulation (GDPR), and the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located.

  • 19.3.12. To maintain valid SPF, DKIM, and DMARC configurations for all sending domains where applicable, ensuring proper authentication and reputation management for all outbound e-mails.

  • Customers must comply with global email authentication and sender requirements, including but not limited to the Google & Yahoo 2024 Sender Requirements, ensuring SPF, DKIM, DMARC, and DNS alignment for all sending domains.

SCALIBIT reserves the right to suspend or terminate any Service that violates this Section, the Anti-Spam Policy, or the Acceptable Use Policy (AUP). Repeated or unremedied violations may result in permanent loss of email privileges or Service termination without refund.

Please also review Section 30 (“No Spam; Liquidated Damages”). You further agree to comply with our Anti-Spam Policy, which is incorporated herein by reference.

20. ACCEPTABLE WEB USAGE

• 20.1. Web usage includes the use of web services and web space provided with client accounts, as well as hosting on our servers — including Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal). SCALIBIT does not actively monitor or access customer-hosted content across shared, virtual, or dedicated environments, and bears no responsibility for any material hosted on your websites or servers. Customers are fully and solely responsible for all content, data, and activity originating from their account or infrastructure.

• 20.2. You are solely responsible for ensuring that all content or materials on your website or web service are either created by you or used with proper authorization. You must obtain all necessary licenses, consents, or permissions for any third-party content, media, trademarks, or intellectual property.

• 20.3. You are solely responsible for resolving any dispute involving copyright, trademark, or intellectual property rights related to your website or hosted content. You agree to indemnify and hold harmless SCALIBIT, its affiliates, and its data center partners against any claims, damages, or legal expenses arising from such disputes or any unauthorized use of intellectual property materials.

• 20.4. You must not use your website or any associated service to promote, host, or distribute any content that is illegal under applicable laws in the United States, the European Union, or any jurisdiction where your website or service is made available. The Internet is a global communications medium; content that is lawful in one country may be prohibited elsewhere, and you may be held liable under foreign or international law.

• 20.5. SCALIBIT reserves the right to investigate any website, content, or service hosted on its infrastructure if potential abuse, copyright infringement, or unlawful activity is reported or detected. At its sole discretion, SCALIBIT may remove, disable, or suspend any web page, file, or account hosted on its systems. Accounts found to contain illegal, abusive, or prohibited content—or that otherwise violate this Agreement—may be immediately suspended or terminated without prior notice.

  In cases involving illegal activities, fraudulent websites, or any violation of applicable law, SCALIBIT will fully cooperate with competent authorities (including law enforcement agencies, prosecutors, and courts). SCALIBIT may disclose relevant customer information, service details, and access or IP logs upon receipt of an official and verifiable legal request, in accordance with applicable data protection and privacy laws.

Violations of this Section may also result in immediate account suspension or permanent termination under Section 32.10.1 (Immediate Termination for Abuse or Security Risk) of this Agreement.

21. SCALIBIT CONTENT

Except for User Content (as defined in Section 22 below), all content available through the Services — including designs, text, graphics, images, videos, information, software, audio, and other files, as well as their selection and arrangement — and all software used to provide the Services (collectively, “SCALIBIT Content”) are and shall remain the exclusive property of SCALIBIT or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

SCALIBIT Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, sublicensed, or otherwise exploited for any purpose, in whole or in part, except as expressly permitted under this Agreement or with SCALIBIT’s prior written consent. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying structure, or trade secrets from any SCALIBIT Content. Any unauthorized use immediately terminates your license or right to use the Services or such content. All rights not expressly granted in this Agreement are reserved by SCALIBIT and its licensors.

All SCALIBIT Content is provided to you “as is,” “as available,” and “with all faults,” solely for informational and lawful use in connection with your authorized access to the Services. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any commercial or competitive purpose without SCALIBIT’s express written authorization.

Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right under any copyright, trademark, patent, or other proprietary right of SCALIBIT or any third party. This Agreement does not transfer ownership of any SCALIBIT Content, website, or Service component, and SCALIBIT retains all rights, title, and interest therein.

22. USER CONTENT

22.1 Content

• 22.1.1. You are responsible for all information, text, opinions, messages, comments, audiovisual works, photographs, animations, graphics, sounds, music, software, applications, and any other content or materials that you or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) through the Services (collectively, “Your 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 authorization of the owner. The burden of determining whether any such right protects any material is entirely on you. You shall be solely liable for any damage or loss arising from infringement of intellectual-property, privacy, publicity, or contractual rights, or any other harm resulting from your User Content. As between you and SCALIBIT, you retain ownership of your User Content and bear full responsibility for its legality, reliability, and appropriateness while using the Services.

• 22.1.2. SCALIBIT does not monitor or control User Content and accepts no responsibility for the content transmitted, hosted, or made available through its infrastructure. SCALIBIT may, at its sole discretion but without obligation, take corrective action where necessary — including removal, restriction, or suspension — to protect its network, infrastructure, or other customers, or to comply with legal obligations. Such actions may include disabling access to specific content or terminating Services without refund in the event of a violation. SCALIBIT shall have no liability for any corrective action it may take in good faith.

  SCALIBIT may electronically monitor network activity to maintain operational security and compliance, and may disclose content-related records where required to satisfy lawful process or to protect its systems and customers. SCALIBIT investigates credible complaints of violations of this Agreement or of third-party rights, cooperates with organizations combatting Internet abuse, and may implement technical “filters” or mitigation systems for that purpose. SCALIBIT will cooperate with competent authorities (law enforcement, prosecutors, courts) as required by applicable law. Nothing in this Section or elsewhere in these Terms is intended to create rights enforceable by any third party.

• 22.1.3. You acknowledge and agree that SCALIBIT will not be liable to you or your end users for any action taken to remove or restrict access to Services based on an alleged violation of the Acceptable Use Policy (AUP), or any action taken in good faith pursuant to 47 U.S.C. § 230(d) (Communications Decency Act) or the DMCA.

• 22.1.4. SCALIBIT may, at its sole discretion, immediately terminate your Account and access to the Services if your conduct, or that of your end users or downstream customers, violates our Policies (see Section 8 — Acceptable Use and Anti-Spam Policies). We respect the intellectual-property rights of all parties and maintain a repeat-infringer termination policy under the DMCA (see Section 29 — Intellectual Property Infringement and DMCA Notifications).

• 22.1.5 Child Sexual Abuse Material (CSAM), Child Pornography, Child Erotica, and Related Exploitative Content

  SCALIBIT enforces a zero-tolerance policy toward child sexual abuse material (CSAM), child pornography, child erotica, or any form of sexual exploitation of minors. Any such content — or content reasonably perceived as such — will be disabled immediately upon detection or verified notice.

  Accounts (including reseller or sub-accounts) hosting, storing, or linking to such material will be terminated without prior notice. Resellers must promptly remove offending sub-accounts. You agree to cooperate fully in all enforcement or investigative actions.

  Content or communication that solicits, lures, or entices minors into sexual activity, or depicts bestiality or sexual abuse of animals, is likewise prohibited and treated under the same zero-tolerance standard. SCALIBIT may report suspicious or borderline material to competent authorities for investigation, even if it does not meet the statutory definition of CSAM.

  Consistent with applicable local, federal, and international law — including the laws of jurisdictions where SCALIBIT’s servers, data centers, and infrastructure are physically located — SCALIBIT cooperates with law-enforcement, prosecutors, and courts, and may preserve evidence (logs, metadata, or system images) as required.

  Child Sexual Abuse Material (CSAM) Reporting — 18 U.S.C. § 2258A

  In accordance with 18 U.S.C. § 2258A, SCALIBIT reports any actual knowledge of apparent violations of 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, and 1466A to the CyberTipline (NCMEC). If you suspect CSAM on any SCALIBIT-hosted service, immediately notify abuse-reports@scalibit.com. Do not download, copy, or forward such material. Include only: (i) precise URL or file path, (ii) date/time (UTC preferred), (iii) IP address(es) and logs if available, and (iv) contextual information (e.g., platform or user handle). You may also report directly to CyberTipline or ASACP.

  Reports received at abuse-reports@scalibit.com are treated with highest priority. Upon verified knowledge, SCALIBIT will disable access, preserve evidence, and notify NCMEC as required. Customers replying to an abuse notice should use abuse@scalibit.com. Law-enforcement agencies should direct formal process to legalrequests@scalibit.com.

• 22.1.6. Content Appropriate for Minors and Section 230 Notice. You are responsible for preventing minors under your care from accessing harmful or inappropriate material on your site or services. You agree to take reasonable steps to restrict access to such content. Pursuant to 47 U.S.C. § 230(d), you are informed that commercial online-safety filters are available at www.asacp.org. SCALIBIT makes no representation regarding such products and recommends independent due diligence before use. If you are a parent or guardian, it is your responsibility — not SCALIBIT’s — to prevent minors from accessing age-restricted content.

22.2 Communications Decency Act (CDA) & DMCA Compliance Summary

SCALIBIT complies with applicable U.S. federal and international laws governing intermediary liability and copyright protection. As a neutral infrastructure provider, SCALIBIT’s obligations and immunities under the Communications Decency Act (CDA) and the Digital Millennium Copyright Act (DMCA) are summarized below.

• 22.2.1 Legal Basis

  SCALIBIT’s role as a provider of an interactive computer service is governed by the Communications Decency Act (47 U.S.C. § 230) and the Digital Millennium Copyright Act (17 U.S.C. § 512). These statutes collectively limit SCALIBIT’s liability for user-generated content and define the responsibilities of customers hosting or publishing such content through SCALIBIT’s infrastructure.

• 22.2.2 SCALIBIT’s CDA Protection

  Pursuant to Section 230 of the Communications Decency Act, SCALIBIT operates solely as a provider of an interactive computer service and not as a publisher of third-party content. SCALIBIT does not create, edit, or control such content and cannot be held liable for the publication of any material that may be considered defamatory, infringing, obscene, or otherwise unlawful. SCALIBIT retains the right to remove or restrict access to content that violates these Terms or applicable law without affecting its immunity under Section 230.

• 22.2.3 Customer DMCA Responsibilities

  If you act as a “Service Provider” or host third-party, user-generated, or publicly posted content, you must comply with the DMCA (17 U.S.C. § 512), including properly designating a DMCA Agent and maintaining a publicly accessible DMCA Notice and Takedown Policy. Failure to comply with these obligations constitutes a material breach of this Agreement and may result in suspension or termination of Services.

• 22.2.4 Content Removal Process

  Upon receiving a valid DMCA notice or credible report of infringement or illegal activity, SCALIBIT may disable or remove access to any files, data, or other materials identified in the notice. Customers must cooperate in good faith and promptly remove or disable access to infringing content upon notification. SCALIBIT disclaims any liability for data loss, downtime, or other damages resulting from compliance with legal takedown obligations, including obligations under foreign copyright regimes where applicable.

  For detailed procedures regarding DMCA Notices and Counter-Notices, please refer to our Copyright Infringement Policy (DMCA & Global Takedown Procedure) .

• 22.2.5 Legal Disclaimer

  Nothing in this Section shall be construed as legal advice. Customers are solely responsible for obtaining independent legal counsel to ensure compliance with CDA, DMCA, and all other applicable laws and regulations.

• ---

  22.2.6 Definition of “Service Provider”

  For purposes of compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512), a “Service Provider” includes any SCALIBIT customer that allows end users or third parties to control, upload, or publish material through Services provided by SCALIBIT. This includes, but is not limited to: (i) reselling or sub-hosting bandwidth; (ii) operating user-generated content sites such as forums, tube sites, or classified platforms; (iii) operating search engines; or (iv) operating peer-to-peer (P2P) file sharing or distribution networks.

  Customers acting as Service Providers must: (a) notify SCALIBIT of all domains, sub-domains, or IP addresses under their control; (b) properly designate a DMCA Agent under 17 U.S.C. § 512(c)(2); (c) publish a publicly accessible DMCA Notice and Takedown Policy on their website(s); and (d) provide SCALIBIT with a current link to such policy and updated contact details for their Designated Agent at all times.

  “Service Providers” within the meaning of 17 U.S.C. § 512(k)(1) must ensure that any DMCA Notices relating to alleged infringement of a SCALIBIT Service Provider Customer are submitted directly to that Customer’s designated DMCA Agent. Customers must also provide SCALIBIT with a current link to their DMCA Notice and Takedown Policy and promptly advise SCALIBIT of any changes to their Designated Agent’s contact information. This shall remain an ongoing obligation for as long as SCALIBIT Services are in use.

• 22.2.7 Forwarding of Notices

  It is SCALIBIT’s policy to forward any valid copyright infringement notices received in connection with a Service Provider customer directly to that customer’s designated DMCA Agent. SCALIBIT may also provide copyright claimants with the identity and contact details of such Agent as required by law. Failure to maintain compliance with this Section constitutes a material breach of this Agreement.

• 22.2.8 Content Access Disabling Process

  Upon receiving a substantially compliant DMCA notice or other credible evidence of infringement, SCALIBIT may disable public access to affected files or data residing within the customer’s allocated space, without deleting the content outright, unless deletion is deemed necessary to protect network integrity or legal compliance. Where possible, SCALIBIT will attempt to disable access rather than suspend the entire service, in order to preserve customer operations while maintaining legal compliance. However, SCALIBIT makes no warranty regarding the preservation of data or content integrity. Customers must respond promptly to any forwarded DMCA notice and remove or disable access to infringing material upon notification. Failure to comply may result in suspension or termination of Services.

• 22.2.9 Additional CDA Clarification

  Consistent with Section 230 of the Communications Decency Act, SCALIBIT is immune from claims arising from third-party content hosted, transmitted, or published through its Services. This immunity includes protection from claims of defamation, invasion of privacy, or other torts based on customer-generated content. This immunity also extends to actions taken in good faith to restrict or remove access to content that SCALIBIT considers objectionable, regardless of whether such material is constitutionally protected, as permitted under Section 230(c)(2).

• 22.2.10 Extended Access Disabling Process

  In keeping with SCALIBIT’s DMCA obligations, you expressly authorize SCALIBIT to disable public access to any files or data residing on the server, disk, partition, or other storage under your control when such materials have been identified: (i) in a substantially compliant DMCA notice under 17 U.S.C. § 512; or (ii) when SCALIBIT becomes aware of credible evidence indicating infringement of copyrights or other intellectual property rights. SCALIBIT will, where possible, disable access without deleting content to minimize disruption, but makes no warranties as to content preservation. Customers are required to promptly act upon DMCA notifications forwarded to them and must follow the Counter-Notification process as described in SCALIBIT’s Copyright Policy. Failure to act may result in service suspension or termination.

  Nothing in this Section shall obligate SCALIBIT to monitor, review, or pre-screen customer content. SCALIBIT’s role is limited to technical facilitation and lawful compliance with takedown obligations.

22.3 Content That You Make Publicly Available

• 22.3.1 You acknowledge that any User Content you publicly share or make available through the Services may be accessed, viewed, and used by others. By making such content publicly available, you grant other users and third parties a limited, worldwide, non-exclusive, royalty-free right to view, access, and share that content solely for its intended purpose within the Services. SCALIBIT has no responsibility for the actions of third parties who access or use your publicly available content.

• 22.3.2 You may delete, or request deletion of, your User Content at any time, unless such content has been shared with others who have not deleted it, or if it was copied, stored, or cached by other users, systems, or search engines. Any User Content you submit or share is at your own risk of loss and, if shared publicly, is considered non-confidential. SCALIBIT does not guarantee the removal of cached or archived copies from third-party systems.

• 22.3.3 SCALIBIT agrees to process any personally identifiable information contained in your User Content in accordance with SCALIBIT’s Privacy Notice, to the extent applicable. Please note that certain information, statements, or content (such as photographs, videos, or profile information) which you submit or make available may reveal personal data such as your gender, nationality, ethnic origin, or other sensitive information. You acknowledge that submission of such User Content is entirely voluntary and at your own discretion.

• 22.3.4 To ensure technical compatibility and reliable transmission, you authorize SCALIBIT to reproduce, transmit, distribute, or adapt your User Content as necessary to provide and maintain the Services — including modification of format, compression, or encoding to meet network, software, or device requirements. Such technical modifications do not alter your ownership or rights to the underlying content.

• 22.3.5 If you use any “rating,” “review,” or feedback feature of the Services, or if you send or transmit to SCALIBIT any communications, comments, questions, suggestions, or related materials (collectively, “Feedback”), you acknowledge and agree that all such Feedback is provided voluntarily and will be treated as non-confidential and non-proprietary. You hereby assign to SCALIBIT all rights, title, and interest in such Feedback, including any ideas, concepts, or know-how, whether or not patentable, for any lawful business purpose, including the development, marketing, and improvement of products and Services. SCALIBIT may use Feedback in aggregated or non-aggregated form and is under no obligation to use, display, reproduce, or distribute any such material. You waive any right to compensation, credit, or attribution arising from SCALIBIT’s use of such Feedback.

22.4 Security

You agree not to circumvent, disable, or otherwise interfere with the security-related features of this site or SCALIBIT’s Services — including, without limitation, features that prevent or restrict copying of any SCALIBIT Content or User Content, or that enforce usage limitations or access controls. You further agree not to probe, scan, or test the vulnerability of any SCALIBIT system or network, nor to breach or attempt to breach any security or authentication measures. Any unauthorized access, interference, or exploitation of the Services will be treated as a material breach of this Agreement and may result in immediate suspension or termination of Services and potential civil or criminal liability under applicable laws.

23. SCALIBIT’S USE OF USER CONTENT

The provisions in this section apply specifically to SCALIBIT’s use of User Content posted to SCALIBIT-operated websites (i.e., websites or systems that SCALIBIT directly controls or maintains). These provisions do not transfer or diminish any ownership or licensed rights (including intellectual property rights) that you may hold in content hosted on your own websites or environments. SCALIBIT acts solely as a technical and infrastructure provider and does not claim ownership of User Content hosted on Customer-managed systems.

23.1 In General

You are solely responsible for any and all User Content that you submit, upload, post, or transmit through your Account and for any consequences arising from its distribution. You represent and warrant that you possess all rights necessary to authorize SCALIBIT to process, host, or display such content in accordance with this Agreement.

23.2 User Submissions & User Reviews

• 23.2.1 Your User Submissions and/or User Reviews are entirely voluntary and may be publicly displayed on SCALIBIT-operated websites or associated service portals (e.g., customer dashboards, knowledge bases, or testimonial pages).

• 23.2.2 Submitting any User Submission or Review does not create a confidential relationship between you and SCALIBIT, nor does it obligate SCALIBIT to treat the material as confidential or secret. You acknowledge that SCALIBIT may already be developing, or may independently develop, content or concepts similar to those contained in your submission.

• 23.2.3 SCALIBIT has no obligation—express or implied—to use, display, or publish any User Submission or Review. You will not be entitled to any compensation or attribution for the voluntary submission or for SCALIBIT’s use, adaptation, or non-use of such content.

• 23.2.4 By submitting or posting User Submissions or Reviews, you grant SCALIBIT a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, display, adapt, translate, distribute, and publish such material for purposes related to operating, improving, or promoting SCALIBIT’s Services (including testimonials, feedback highlights, or marketing use), without requiring additional consent or payment to you.

SCALIBIT’s rights under this Section are limited strictly to material voluntarily submitted to SCALIBIT-operated platforms. These provisions do not extend to Customer-managed servers, hosted environments, or private data residing within your own infrastructure or Services.

23.3 User Content (Other Than User Submissions/User Reviews)

If you host a website, database, or application through SCALIBIT’s infrastructure, you retain full ownership of all intellectual property and proprietary rights in your User Content. SCALIBIT does not claim any title or ownership of data, files, or materials stored on Customer-managed environments.

By posting or publishing User Content on SCALIBIT-controlled websites or systems (such as the client area, support center, or partner portal), you grant SCALIBIT a limited, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display that content solely to the extent necessary to operate and improve the Services, or to display it within customer-facing interfaces. You also grant other users of SCALIBIT’s websites a non-exclusive license to access your publicly available User Content as permitted through normal functionality of the site and under this Agreement.

The above license terminates within a commercially reasonable time after you remove or delete your User Content from SCALIBIT-operated websites. However, SCALIBIT may retain non-public archival copies as required for legal compliance, audit, or disaster recovery purposes. SCALIBIT will not use, disclose, or distribute any User Content designated as “private” or “password-protected” for promotional or commercial purposes.

Nothing in this Section grants SCALIBIT any rights over Customer-hosted data, nor does it authorize SCALIBIT to access, copy, or disseminate any material residing in Customer-managed servers, Virtual Machines, Cloud Services, or Dedicated Servers. SCALIBIT’s use of User Content is limited exclusively to content intentionally submitted or made publicly available through SCALIBIT-controlled interfaces.

24. 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. By using the Services, you acknowledge that you have read, understood, and agree to the processing of your personal data in accordance with the Privacy Notice and applicable data protection laws.

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including but not limited to your username, password, API keys, authentication tokens, and support PINs. You must not share your login details with any person or entity. You agree that all actions performed through your Account—whether by you or anyone using your credentials—are your sole responsibility, including any content transmitted, hosted, or stored on SCALIBIT servers and any charges incurred therefrom.

You are solely responsible for taking appropriate 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 to or stored on SCALIBIT’s infrastructure; and (iv) protect the confidentiality of your credentials and access tokens. SCALIBIT’s servers are not designed to function as a data archive or long-term backup service.

SCALIBIT shall not be liable for any loss, corruption, or destruction of data or Content stored, transmitted, or hosted through the Services. You acknowledge that data transmission and storage over the Internet inherently involve security and privacy risks beyond SCALIBIT’s control. While SCALIBIT implements commercially reasonable technical and organizational measures to protect its network and systems, it cannot guarantee absolute security or immunity from intrusion.

SCALIBIT shall have no responsibility for security incidents, data loss, or unauthorized access caused by your actions, omissions, or failure to comply with this Agreement. You acknowledge that any violation of system or network security may result in civil or criminal liability under applicable laws, including but not limited to the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.), and relevant international cybersecurity statutes.

Unauthorized access to or interference with SCALIBIT servers, systems, or networks is strictly prohibited and constitutes a material breach of this Agreement and the Acceptable Use Policy (AUP). You agree not to probe, scan, or test the vulnerability of any system, attempt to gain unauthorized access, alter, manipulate, or otherwise compromise SCALIBIT’s hardware or software, or engage in any other unauthorized activity commonly known as “hacking.”

In the event of any suspected or confirmed security violation, SCALIBIT reserves the right to: (i) immediately suspend or terminate your Account; (ii) notify system administrators at affected networks or facilities; and (iii) fully cooperate with law enforcement, regulatory authorities, and incident response organizations. SCALIBIT may disclose relevant information about your Account or activity as necessary to assist in resolving security incidents or to comply with applicable law. Any violation of this Section may, at SCALIBIT’s sole discretion, constitute grounds for immediate Termination for Cause pursuant to this Agreement.

25. BACKUPS AND DATA LOSS (BACKUP & DATA RETENTION POLICY)

25.1 General Backup Policy

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

Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) services do not include backup services. All backup responsibilities lie with the Customer. SCALIBIT is not liable for any data loss.

SCALIBIT’s courtesy backups (for eligible Shared Hosting accounts) are performed on a weekly rotation basis. Each new backup automatically replaces the previous version, and older backups are permanently deleted once overwritten. SCALIBIT makes no guarantee regarding the frequency, success, or retention period of any backup and has no contractual obligation to perform or maintain backups.

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, integrity, completeness, currency, or availability.

Accounts larger than 20 GB 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 backups 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 THE CUSTOMER'S DUTY AND RESPONSIBILITY TO BACK UP THE CUSTOMER'S FILES AND DATA ON SCALIBIT SERVERS, and under no circumstances 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 GB of space for any reason and does not maintain any backups of Dedicated Cloud Server or Dedicated Server accounts.

Hardware Failures and Data Loss. SCALIBIT shall not be held responsible or liable for any data loss, corruption, or unavailability resulting from hardware or system failures — including but not limited to hard drive malfunction, RAID controller failure, power supply defects, or other component damage. While SCALIBIT employs enterprise-grade hardware and redundancy measures, no hardware or storage medium is immune to failure. Customers are solely responsible for maintaining their own off-site or independent backups to prevent data loss.

25.2 Data Retention, Backups & Restores

When a Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting) account is canceled or terminated (including for non-payment), SCALIBIT may, at its sole discretion, retain any available backup for a limited time. For canceled Shared Hosting accounts, backups (if any) may be retained for up to three (3) months. After three (3) months, such backups are automatically and irrevocably deleted.

Backups (if any) are provided as a courtesy only and are not guaranteed. SCALIBIT makes no representation or warranty that any backup will exist, be successful, complete, current, or usable; restore availability is not guaranteed. If a backup is missing, corrupted, incomplete, encrypted, or otherwise unusable, no restore will be possible. Where a restore is available, additional fees may apply and timelines depend on engineering availability.

Restore requests are subject to a restoration fee based on the size of the backup. A fee of 25 USD applies for each 0–5 GB segment (e.g., 0–5 GB = 25 USD, 5–10 GB = 50 USD, and so on). Restoration is only possible if a valid and usable backup exists, and SCALIBIT does not guarantee the availability, completeness, or accuracy of any backup data.

For Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) services, SCALIBIT does not provide backups. Upon termination, cancellation, or re-provisioning of these services, all data is permanently deleted and cannot be recovered. IP addresses (IPv4/IPv6) may be reassigned to other customers after cancellation.

You are solely responsible for maintaining your own independent, off-site backups at all times. Any backup add-ons, if available, are best-effort and do not alter your responsibility or guarantee restore availability.

To the maximum extent permitted by law, SCALIBIT is not liable for any data loss, service unavailability, or business interruption arising from non-payment, suspension, termination, or any failed/unavailable backups or restores.

Availability. References to any backup add-ons (including “Cloud Backup”) are anticipatory and may not be available at this time. Their mention does not constitute an offer. If and when such add-ons are offered and expressly purchased, they will be provided on a best-effort, no-warranty basis and do not alter the Customer’s obligation to maintain independent, off-site backups.

You must maintain your own independent, off-site backups at all times; any backup add-ons do not replace this obligation and restoration is not guaranteed.

25.3 No Liability for Data Loss or Damages

SCALIBIT provides backup services for eligible Shared Web Hosting accounts solely as a courtesy and without any service level guarantee. All other services — including but not limited to Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) — do not include any automatic, manual, or system-level backups. All backup and data retention responsibilities rest solely with the Customer.

SCALIBIT shall not, under any circumstances, be liable for any loss of data, loss of access, corruption, downtime, loss of business, loss of profits, or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to data loss, service unavailability, backup failure, or system malfunction, regardless of cause, including but not limited to hardware failure, human error, software bugs, network interruption, or third-party actions.

All data management, retention, and backup responsibilities rest solely with the Customer. No refunds, credits, or compensations of any kind shall be provided for data loss, backup failure, or service interruption, whether arising in contract, tort (including negligence), or otherwise. The Customer acknowledges and agrees that SCALIBIT’s infrastructure and services are provided strictly on an “as-is,” “as-available,” and “best-effort” basis without warranty or guarantee of data preservation.

In all cases, the Customer expressly waives any claim or right to compensation, restitution, or damages against SCALIBIT, its affiliates, employees, contractors, or data center partners in connection with any actual or alleged data loss or corruption. This clause shall survive the termination, expiration, or suspension of Services.

This Backup & Data Retention Policy applies to all SCALIBIT Services, including but not limited to Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal). Unless otherwise expressly stated, the terms, limitations, and exclusions set forth in this section apply equally to all such services.

26. THIRD-PARTY PRODUCTS AND SERVICES

In using the Services, you may be granted the ability to use SCALIBIT software and/or third-party software that SCALIBIT makes available for your use. You may also choose to add and use third-party software in connection with the Services. SCALIBIT may offer third-party products or services that require you to visit their websites to complete your purchase and/or agree to additional terms and conditions. In such cases, the following provisions apply.

26.1 Third-Party Providers

SCALIBIT may offer certain third-party products and services, which are subject to the terms and conditions of the respective third-party provider. Discounts, promotions, and special third-party offers may include additional restrictions and limitations imposed by the provider. You should confirm the applicable terms of any purchase or use of goods and services directly with the third-party provider.

SCALIBIT makes no representations or warranties regarding, and shall not be liable for, the quality, availability, or timeliness of any goods or services provided by third-party providers. All transactions with third-party providers are undertaken at your sole risk. SCALIBIT does not warrant the accuracy or completeness of any information regarding third-party providers and is not an agent, representative, trustee, or fiduciary of you or any third-party provider in such transactions.

26.2 SCALIBIT’s Non-Exclusive Right to Use

If you have been granted permission or the ability to use software from SCALIBIT, SCALIBIT grants you a limited, non-exclusive, non-transferable, and non-assignable right to use the software for ordinary and customary purposes. You may use the software on any one computer at a time. You agree not to alter, modify, reverse-engineer, decompile, or otherwise attempt to obtain the source code. You are not authorized to combine the software with other programs, create derivative works, or integrate plug-ins or enhancements relying upon the software.

SCALIBIT reserves all rights to such software. The software and any authorized copies are the intellectual property of SCALIBIT and are protected by copyright law. Except as expressly provided herein, no rights or ownership are transferred, and all rights remain with SCALIBIT. The software and any related services are provided “as is” and “as available,” without warranties of any kind, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose.

26.3 SCALIBIT as Reseller or Licensor

SCALIBIT may act as a reseller or licensor of certain third-party hardware, software, or equipment used in connection with the Services (“Non-SCALIBIT Products”). SCALIBIT shall not be responsible for any changes to the Services that cause such products to become obsolete or require modification. Any malfunction or manufacturer defect of Non-SCALIBIT Products sold, licensed, or provided by SCALIBIT shall not constitute a breach of this Agreement. Any rights or remedies regarding ownership, licensing, performance, or compliance of any Non-SCALIBIT Product are limited to those granted by the manufacturer. You may use Non-SCALIBIT Products only in connection with the Services and agree not to copy, modify, reverse-engineer, resell, or export them in violation of applicable law.

26.4 Third-Party Software Use

SCALIBIT may provide third-party software to facilitate easier account management. Such software is provided “as is” and “as available,” with no guarantee of specific results or functionality. SCALIBIT is not responsible for any defects or operational issues in such software. You agree that your use of third-party software shall comply with all relevant third-party license terms. Failure to comply may result in immediate suspension or termination of your Services.

You may install and use third-party software on your account only if it is compatible with SCALIBIT’s systems and approved by SCALIBIT. Your use of such software is entirely at your own risk. SCALIBIT does not control, support, or guarantee the performance of any third-party software and shall have no liability for any loss, data corruption, or service disruption resulting from its use. SCALIBIT reserves the right, at its sole discretion, to suspend or remove access to any third-party software at any time.

You are solely responsible for obtaining and maintaining any required licenses or payment of applicable fees to third-party software providers beyond SCALIBIT’s initial setup.

26.5 Third-Party Websites

The Services may contain links to external websites not owned or controlled by SCALIBIT (“Third-Party Sites”), as well as content, media, or information originating from third parties (“Third-Party Content”). SCALIBIT is not responsible for and does not monitor or verify the accuracy, legality, or appropriateness of any Third-Party Sites or Third-Party Content. Accessing such sites or content is at your own risk, and you are subject to the applicable third-party terms, privacy policies, and data-processing practices.

SCALIBIT assumes no responsibility for the content, terms, or practices of any Third-Party Site. SCALIBIT does not censor or edit third-party content. By using the Services, you expressly release SCALIBIT from any and all liability arising from your interaction with third-party websites or their offerings. You should always review the relevant third-party terms and privacy policies before engaging with them. As between you and SCALIBIT, this Agreement and all applicable SCALIBIT policies govern your relationship with SCALIBIT.

27. THIRD-PARTY CONTENT

If you choose to sell or resell advertising or web space to a third party, you are solely responsible for that advertising’s content and the actions of the third party. SCALIBIT reserves the absolute right to reject or remove any advertising or content that is illegal, offensive, defamatory, or otherwise violates SCALIBIT’s policies or this Agreement. Such violations may result in suspension or immediate termination of your account.

28. PRIVACY

SCALIBIT’s Privacy Notice, incorporated herein by reference, applies to all Services. The Privacy Notice defines your rights and SCALIBIT’s responsibilities regarding the processing of your personal information. SCALIBIT will not use or disclose your information in any manner inconsistent with the purposes or limitations described in the Privacy Notice, except as required by applicable law or upon receipt of an official, lawful, and verifiable request from competent authorities — including but not limited to Law Enforcement Agencies, Prosecutors, or Courts.

You acknowledge and agree that SCALIBIT may, at its sole discretion, modify the Privacy Notice from time to time. By continuing to use the Services after such modifications become effective, you accept the updated terms. If you do not agree to any such modification, you may terminate this Agreement. No refunds will be issued for any fees previously paid in such cases.

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 in connection with the Services — including, but not limited to: (i) the purposes for which such data has been collected; (ii) the intended recipients or categories of recipients; (iii) which portions of the data are mandatory or voluntary; and (iv) how those individuals may access, rectify, or request deletion of their data. You further agree to continue providing such notice and obtaining consent for any future third-party personal data you supply. SCALIBIT shall not be liable for any consequences resulting from your failure to provide required notice or obtain consent, nor for outdated, incomplete, or inaccurate data provided by you.

29. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

29.1 DMCA Copyright

SCALIBIT does not permit copyright-infringing activities or violations of intellectual property rights on its infrastructure or Services. Pursuant to the safe-harbor provisions established by the Digital Millennium Copyright Act of 1998 (“DMCA”) and equivalent international laws, SCALIBIT will take prompt and appropriate action upon receipt of a valid, complete, and verifiable notice of infringement. For detailed procedures, please refer to our DMCA Copyright Policy. Such action may include notifying the relevant customer, requesting removal of the infringing material, and, if no corrective action is taken within the specified timeframe, temporarily suspending or disabling access to the affected service. SCALIBIT does not directly modify or delete customer content without proper due process or lawful authorization.

29.2 Trademark or Copyright Claims

SCALIBIT is a neutral infrastructure provider that respects the intellectual property rights of others. To the extent SCALIBIT receives a valid and substantiated complaint concerning infringement of copyright, trademark, or other intellectual property rights, SCALIBIT reserves the right to access, preserve, and disclose to authorized third parties any relevant customer information or data (including personally identifiable information and private communications) if, in SCALIBIT’s sole discretion, such disclosure is reasonably necessary to respond to, verify, or resolve the complaint. All such disclosures are made strictly in accordance with applicable privacy and data-protection laws.

SCALIBIT expressly reserves the right to terminate, in appropriate circumstances, an account or customer access for repeated copyright or intellectual property infringement. SCALIBIT also reserves the right to suspend or terminate an account after a single substantiated incident where required by law or necessary to protect network integrity or prevent ongoing violations.

If you wish to submit (a) a trademark claim for infringement of a valid, registered mark, or (b) a copyright claim for material protected under your bona fide copyright ownership, please refer to SCALIBIT’s DMCA Copyright Policy for submission details.

29.3 Limited Scope of SCALIBIT’s Control Over Customer Systems

SCALIBIT’s role is limited to relaying valid legal or DMCA notices to the affected customer and ensuring timely compliance under applicable law. For all service types — including Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) — SCALIBIT does not alter, edit, or interfere with customer content. The customer is responsible for investigating and remediating any reported material within forty-eight (48) hours of notice.

If the customer fails to respond or comply within this timeframe, SCALIBIT reserves the right to suspend, restrict, disable, or terminate the affected service, website, or server to maintain compliance with applicable legal obligations and preserve infrastructure integrity. SCALIBIT may also cooperate with law-enforcement authorities, rights-holders, or regulatory agencies where legally required or appropriate to address confirmed infringements.

SCALIBIT shall not be held liable for any user-generated content, data, or materials hosted, transmitted, or made available through any customer-managed system or service. This limitation applies in accordance with all safe-harbor protections and intermediary-liability exemptions provided under applicable national and international law.

All content hosted, stored, or transmitted through SCALIBIT Services is the sole legal and operational responsibility of the Customer. SCALIBIT assumes no liability whatsoever for such content or for any actions, omissions, or consequences arising from the Customer’s use of its Services.

SCALIBIT acts in full compliance with the notice-and-takedown provisions of 17 U.S.C. § 512(c) (DMCA) and equivalent safe-harbor regimes under international law, including the EU Digital Services Act, UK Online Safety Act, and comparable intermediary protections.

30. ABUSE, SPAM & ENFORCEMENT; LIQUIDATED DAMAGES

30.1 Overview

SCALIBIT enforces a strict zero-tolerance policy against spam, network abuse, malicious activity, or any conduct that may compromise the security, stability, or reputation of its infrastructure or other customers. SCALIBIT continuously monitors network traffic and abuse reports to preserve the integrity of its systems and operates a dedicated Abuse Desk for incident handling and reporting.

30.2 Definition of Spam and Prohibited Communications

“Spam” includes any Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) sent without prior verified consent. Prohibited activities include, but are not limited to:

• Sending unsolicited commercial or bulk messages, mail-bombing, or similar mass-messaging activity.

• Using SCALIBIT’s network or IPs to receive replies to unsolicited campaigns.

• Header, identity, or domain forgeries intended to deceive recipients.

• Relaying messages through open proxies, open relays, or compromised systems.

• Configuring servers to allow unauthenticated third-party mail relaying.

• “Spamvertising” or promoting any product/service through spam or abusive techniques.

• Phishing, fraudulent, deceptive, or malicious messaging via any medium (email, SMS, IM, or chat).

Customers must comply with all applicable laws, including the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the EU ePrivacy Directive, and all equivalent international anti-spam and communications regulations.

30.3 Enforcement Actions

If SCALIBIT reasonably determines that a Service is used in connection with spam, abuse, or prohibited activity, it may take immediate enforcement action — including, but not limited to, null-routing, re-routing, rate-limiting, suspension, or termination of the affected Services. This applies to all SCALIBIT offerings: Shared Web Hosting (cPanel Hosting, CWPpro Hosting, WordPress Hosting), Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal).

Customers will be notified through their registered contact email or Client Area and must immediately confirm remediation. SCALIBIT may require a non-refundable reactivation fee before restoring suspended services. Repeated or unresolved abuse may result in permanent account termination without refund.

SCALIBIT reserves the right, but assumes no obligation, to monitor, investigate, or enforce compliance with this Agreement, including the Acceptable Use Policy (AUP). Corrective or enforcement actions may include immediate suspension, throttling, or termination of Services to protect network stability and customers.

Abuse handling, notification, and remediation procedures follow Section 29 of the AUP (“Abuse Tickets”). Customers are responsible for monitoring their registered contact address and responding within the defined timeframe.

30.4 Incident Notification & Cooperation

For incidents involving customer-managed environments — including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and Dedicated Servers — SCALIBIT’s responsibility is limited to its own infrastructure. Customers are fully responsible for remediation, internal investigation, and compliance with any applicable legal, regulatory, or breach-notification requirements (see Section 7).

Upon receipt of a valid abuse or security report, SCALIBIT will forward the details (IP, domain, or service involved) to the Customer’s designated contact. The Customer must acknowledge the report, investigate, and confirm resolution within a reasonable timeframe. Failure to act may result in suspension or termination of the affected Service(s).

Repeated or severe incidents, or lack of cooperation, may result in permanent account termination. SCALIBIT may preserve logs and cooperate with competent authorities or law enforcement where required by law. Any disclosure will be strictly limited to the lawful scope of the request.

30.5 Remedies, Damages, and Fees

You agree that SCALIBIT may immediately suspend or terminate any Service determined, in its sole discretion, to be engaged in spam or abuse. If actual damages cannot be reasonably determined, you agree to pay liquidated damages of $500 USD or $1 USD per spam/abuse event, whichever is greater.

Blacklist Removal & Remediation Costs. In addition to liquidated damages, SCALIBIT reserves the right to charge a blacklist or remediation fee starting at $500 USD, increasing based on third-party delisting fees, engineering time, or other operational costs. Customers are solely responsible for maintaining the reputation of their assigned IP addresses, domains, and services.

30.6 Legal Cooperation and Evidence Preservation

SCALIBIT may disclose customer data, IP usage records, or service logs in response to valid, lawful, and binding requests from competent authorities or courts. Where legally permissible, SCALIBIT will make reasonable efforts to notify the Customer prior to such disclosure. All disclosures shall comply with applicable privacy, data-protection, and due-process requirements.

You further agree to abide by SCALIBIT’s Anti-Spam Policy and Acceptable Use Policy, both of which are incorporated herein by reference.

31. ADDITIONAL RESERVATION OF RIGHTS

SCALIBIT expressly reserves the absolute right, at any time and in its sole discretion, to deny, cancel, terminate, suspend, restrict, lock, or otherwise modify access to or control of any account, Service, or resource (including the right to cancel, transfer, or reassign any domain name registration). Such actions may be taken without prior notice and for any lawful reason, including but not limited to the following:

(i) to correct any error, misconfiguration, or issue related to the setup, provisioning, or delivery of Services;
(ii) to protect the security, integrity, and operational stability of SCALIBIT’s network, infrastructure, systems, or other customers;
(iii) to investigate, prevent, or mitigate actual or suspected fraudulent, abusive, negligent, or unlawful activity;
(iv) to comply with applicable local, national, or international laws, regulations, or lawful orders (including subpoenas, warrants, or court directives);
(v) to satisfy or comply with any dispute resolution, registry, or regulatory requirement;
(vi) to enforce the terms of this Agreement, the Acceptable Use Policy (AUP), or any other applicable policy;
(vii) to address non-payment, chargebacks, billing disputes, or suspected financial irregularities;
(viii) to respond to or defend against any legal claim, threat, or proceeding, whether or not such action is ultimately found to have merit; or
(ix) to avoid, reduce, or mitigate any civil, criminal, financial, or regulatory liability for SCALIBIT, its affiliates, directors, officers, employees, contractors, or agents.

You acknowledge and agree that if SCALIBIT exercises any of the above rights — including temporary or permanent suspension, restriction, or termination of a Service — then: (a) you remain fully responsible for all accrued service fees, usage, and charges during the investigation or suspension period; (b) no refunds, credits, or offsets will be issued for any terminated or suspended Services; and (c) SCALIBIT shall not be liable to you or to any third party for any loss, damage, downtime, data loss, or inconvenience resulting from such actions. All such measures may be taken to preserve network integrity, ensure compliance with law, and protect the legitimate interests of SCALIBIT and its customers.

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

32.1 General Information

You agree to pay for all Services in advance and on time for each billing cycle in which the Services are provided. Invoices are automatically generated ten (10) days before the service due/renewal date. SCALIBIT grants a grace period of three (3) days after the due date. If payment is not received within this period, the affected Services will be temporarily suspended until full payment is received (see Section 32.10.1). If payment remains outstanding by the fifth (5th) day after the due date, the Services may be permanently terminated without further notice pursuant to Section 34. Any backups (if any) may be deleted in accordance with Section 25.2. Suspension does not pause billing obligations or extend service terms. Bank transfers and other offline payments are applied upon confirmed receipt; a reasonable processing or reactivation fee may apply.

Invoices that have been paid more than once because of duplicate PayPal subscriptions, manual payments, or system error cannot be refunded. Any overpaid amount will instead be credited to your SCALIBIT account balance and automatically applied toward future invoices.

SCALIBIT accepts payments via Credit/Debit Card, PayPal, Stripe, Bitcoin, and Bank Transfer. Payments from unverified or unconfirmed PayPal accounts are not accepted.

32.2 Billing and Payment

All fees for the Services shall follow SCALIBIT’s current price schedule, incorporated herein by reference, and are due at the time of order unless otherwise specified. Accepted payment methods (“Payment Methods”) include Credit/Debit Card, PayPal, Stripe, Bitcoin, and Bank Transfer; however, SCALIBIT may, at its discretion, require use of a specific payment channel (for example, wire transfer) or switch between providers at any time.

If you choose to pay by credit card, SCALIBIT’s payment processor may pre-authorize the charge to confirm both card validity and sufficient funds. If you cancel before completing checkout, SCALIBIT will release the pre-authorization within two (2) hours; depending on your bank, the pending amount may still appear longer. All prices and fees are non-refundable unless otherwise expressly stated — including where Services are suspended, terminated, or transferred before the end of term. SCALIBIT expressly reserves the right to modify prices and fees at any time; updated rates take effect immediately upon publication on SCALIBIT’s website. If you have prepaid for multi-month or annual Services, new pricing applies at the next renewal.

To prevent service interruption, most Services include automatic renewal. This will attempt to renew the same term length as the previous period (except domain names, which renew for their original term). SCALIBIT will automatically charge your stored Payment Method at the current renewal rate, which you acknowledge may differ from your initial purchase price. Renewal timing may vary: some products renew thirty (30) days before expiry, others ten (10) days prior. You may enable or disable auto-renewal at any time; however, failure to renew manually or an unsuccessful payment will result in service expiration and possible data loss. SCALIBIT bears no responsibility for downtime, loss, or deletion resulting from non-renewal.

If SCALIBIT cannot charge your Payment Method for the full amount due, or receives a chargeback, reversal, or dispute, you authorize SCALIBIT to pursue all lawful remedies, including immediate cancellation of Services and domain names associated with the delinquent account. All hosted data, content, and configurations may be deleted or reassigned. Reinstatement requires payment of all outstanding fees plus any processor-imposed reversal or administrative charges.

SCALIBIT may also impose reasonable administrative or processing fees for: (i) tasks performed outside normal service scope; (ii) additional investigation time or cost; or (iii) customer non-compliance with this Agreement. Examples include, but are not limited to: extended support requiring manual engineering time; verified abuse investigations; inactive accounts older than six (6) months; legal or UDRP matters; or chargeback recovery costs. Such fees will be billed to the Payment Method on file.

If you subscribed to a monthly plan, your billing date is based on your original order date. For annual (or longer) terms with auto-renewal enabled, SCALIBIT will automatically renew at its then-current rates using your stored Payment Method. Failure to maintain a valid Payment Method or to ensure funds availability may lead to service suspension or termination in accordance with this Section.

32.3 Price Changes

SCALIBIT reserves the right to revise its pricing, fees, and billing structure at any time. Any such changes shall either (a) be published on SCALIBIT’s official website and become effective immediately, or (b) be communicated to you by email or through the Client Area. If you have purchased or obtained Services for a fixed term (monthly, annual, or multi-year), the updated rates will take effect upon the next renewal date of the relevant Services. Continued use of the Services after the effective date of any price modification constitutes your acceptance of such changes.

32.4 Currency

All prices, payments, and invoices are processed in U.S. Dollars (USD) unless explicitly stated otherwise. For convenience, SCALIBIT may display approximate conversions into other currencies during checkout; such conversions are for reference only. Exchange rates are based on third-party financial data sources and may fluctuate between the time of purchase and final settlement. Accordingly, you acknowledge that the actual charged amount may differ slightly from any displayed estimate, and you waive all claims arising from such currency variances. Depending on your billing country, additional charges such as VAT, GST, sales tax, or cross-border processing fees may apply. Any such applicable amounts will be displayed before completing your purchase.

32.5 Multiple Accounts and Discount Abuse

Creating or using multiple customer accounts to exploit “new customer,” “trial,” or promotional discounts is strictly prohibited. Any related accounts identified as abusing discount systems will be suspended until all outstanding invoices are settled. SCALIBIT reserves the right to terminate such accounts without refund and permanently revoke eligibility for future promotions.

32.6 Prepayment and Payment Application

It is your sole responsibility to ensure that your payment and billing information remain current and valid at all times. You agree to prepay for all Services before the applicable service period begins. Subject to applicable law, received payments will be applied first to the oldest outstanding invoice on your account, regardless of service type or currency. Failure to maintain valid payment details or to pay due invoices may result in immediate suspension or termination pursuant to Section 34.

32.7 Automatic Renewal (Autorenewal)

Unless you explicitly disable the auto-renewal option in your Client Area or submit a valid cancellation request in advance, you authorize SCALIBIT to automatically renew all eligible Services at the then-current rates using the stored payment method on file. This automatic renewal ensures continuity of Services and prevents expiration or data loss. If your selected payment method fails or is declined, renewal will not occur and your Services may expire or be suspended. SCALIBIT shall not be held liable for any downtime, loss of data, or interruption caused by failed or disabled renewals.

32.8 Taxes

You are solely responsible for all duties, customs fees, taxes, and any related penalties, fines, interest, or back-payments that may apply to your purchase or use of the Services — including, without limitation, national, federal, state, provincial, or local sales taxes, use taxes, value-added taxes (VAT), goods and services taxes (GST), or similar levies (collectively, “Taxes”). Unless expressly stated otherwise, all listed prices exclude such Taxes. If SCALIBIT becomes obligated to collect or remit Taxes related to your purchase, those amounts will be billed to you and must be paid together with the Service fees. In certain countries or regions, SCALIBIT may determine that your transaction is taxable and, where required by law, will collect and remit such Taxes to the appropriate authority.

If you believe an exemption applies or that a specific Tax should be withheld, you must promptly provide a valid tax exemption certificate, withholding receipt, or authorized VAT/GST identification number. Failure to provide valid documentation will result in all applicable Taxes being charged and collected. You must also supply any tax information reasonably required for SCALIBIT to comply with its reporting or remittance obligations. You will be solely liable for any misrepresentations, errors, or non-compliance regarding tax status, including resulting penalties, fines, or interest imposed by any taxing authority.

32.9 Account Credit

All account credits, bonuses, or overpayment adjustments are permanently associated with the account on which they were issued. Such credits are non-transferable and non-refundable and may only be applied toward future SCALIBIT invoices for the same account. Account credits hold no cash value and cannot be converted, withdrawn, or offset against third-party obligations.

32.10 Late Payment

All invoices must be paid within three (3) days following the invoice due date. Invoices remaining unpaid after this period may result in the suspension of Services. If payment is not received by the fifth (5th) day after the due date, the affected Services may be permanently terminated and all associated data deleted in accordance with Section 25.2. Suspended accounts will not be reactivated until full payment is received and verified. SCALIBIT may apply a reasonable reactivation or processing fee to restore Services. SCALIBIT will not activate new orders or service packages for any Customer with an outstanding balance.

Failure to pay fees as required may result in collection action. You agree to reimburse SCALIBIT for all costs incurred in enforcing payment — including, without limitation, collection agency charges, arbitration costs, court expenses, and reasonable attorneys’ fees. SCALIBIT shall bear no liability for any loss, downtime, or data deletion resulting from suspension or termination due to non-payment.

To avoid service interruption, payment must be received on or before the due date. Services unpaid by the third (3rd) day after the due date are subject to suspension, and by the fifth (5th) day may be terminated pursuant to Section 34.

32.10.1 Service Suspension (Overdue Accounts)

If an invoice remains unpaid for three (3) days after its due date, the corresponding Services will be temporarily suspended until full payment is received. Suspension restricts access and functionality but does not, by itself, delete data. During suspension, SCALIBIT may, at its discretion, disable control panel and API access, restrict or null-route network traffic, disable SSH/SFTP/database access, and pause inbound or outbound email delivery. Incoming email may be rejected, deferred, or bounced. No uptime, delivery, or support service level commitments apply while an account is suspended.

For Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal), suspension means the server is taken offline and becomes fully inaccessible. Termination and data wipe procedures for these Services are governed by Section 34 (Non-Payment Suspension and Termination) and Section 25 / 25.1 / 25.2 (Backups & Data Retention).

Reactivation occurs only after full payment has been received, cleared, and applied to the account (including the resolution of any chargeback, reversal, or dispute). A reasonable reactivation or processing fee may apply. Offline payments (such as wire transfers) are subject to bank processing and reconciliation delays; the Service remains suspended until funds are fully posted. SCALIBIT is not responsible for delays caused by third-party payment processors or financial institutions.

Any data retained during suspension remains subject to Section 25 / 25.1 / 25.2 (Backups & Data Retention). Courtesy backups, if any, are not guaranteed and may be overwritten at any time. Suspension does not pause billing or extend service terms. If payment is not received by the fifth (5th) day after the due date, SCALIBIT may terminate the Services without further notice in accordance with Section 34, and permanently delete all data per Section 25.2. IP addresses are not reassigned during suspension but may change upon reactivation and may be reallocated to other customers following termination or cancellation.

Please note that certain dependent services — including domain names and SSL certificates — may expire independently of hosting suspension, potentially causing service interruption or browser security warnings. SCALIBIT bears no responsibility for any data loss, email loss, interruption, or business impact resulting from suspension due to non-payment.

32.11 Fraud

It is strictly prohibited to misuse or fraudulently utilize any payment method, including credit/debit cards, electronic transfers, payment gateways, or cryptocurrency. Any attempt to obtain Services or make payments using stolen, unauthorized, or misappropriated financial instruments constitutes fraud and will result in immediate suspension or termination of all related Services.

SCALIBIT reserves the right to investigate any suspected fraudulent activity, including chargebacks, identity theft, false information, or payment abuse. Pending such investigation, SCALIBIT may immediately suspend, lock, or terminate the account(s) involved, without prior notice. Any funds paid under fraudulent or unauthorized transactions are forfeited.

SCALIBIT also reserves the right to report confirmed or suspected fraud — as determined in its sole discretion — to appropriate governmental authorities, law enforcement agencies, prosecutors, courts, payment processors, card networks, or financial institutions. Information relevant to such incidents may be shared as permitted or required by applicable law.

All confirmed or reasonably suspected cases of fraud constitute grounds for permanent account termination, forfeiture of all funds paid, and denial of any future Services. SCALIBIT expressly disclaims any liability for losses, damages, or claims resulting from enforcement actions taken in response to fraudulent or unauthorized payment activity.

32.12 Invoice Disputes

You have a maximum of ten (10) calendar days from the invoice date to dispute any charge or payment processed by SCALIBIT. After this period, all charges are deemed accurate, final, and non-contestable. If you believe an error has occurred or require clarification, you must contact SCALIBIT’s Billing Department directly through the Client Area or via the contact details listed on your invoice. Billing inquiries submitted beyond the ten (10) day window will not be eligible for review, refund, or adjustment.

32.13 Chargebacks and Payment Reversals

If SCALIBIT receives notice of a chargeback, payment reversal, or bank dispute for any transaction, the affected account will be immediately placed on hold. This hold automatically suspends all active Services linked to that account and may lead to permanent termination if the issue is not resolved promptly. While on hold, the customer cannot place new orders, modify existing Services, or access account data.

To resolve a dispute, the Customer must: (i) provide verifiable proof of payment authorization for the transaction, (ii) repay all reversed or disputed transaction amounts in full, and (iii) pay a two hundred fifty U.S. dollars (USD $250) administrative penalty fee per disputed transaction. This fee covers payment processor penalties, investigation time, and administrative handling by SCALIBIT.

If the Customer fails to resolve the dispute or provide required documentation within seven (7) days of notice, all related Services and accounts may be permanently terminated and locked indefinitely. Terminated accounts cannot be reinstated, reopened, or re-registered under any name, alias, or entity associated with the original account. Outstanding balances, including administrative penalties and any related costs, will remain due and collectible.

Customers acknowledge that initiating a false, fraudulent, or unjustified chargeback constitutes a material breach of this Agreement. Such actions may be reported to payment processors, acquiring banks, credit networks, or law enforcement authorities as potential fraud or abuse. SCALIBIT expressly reserves the right to share transactional evidence and customer details as permitted by applicable law. Any funds previously paid are forfeited and SCALIBIT shall not be liable for any resulting suspension, data loss, or business interruption.

33. REFUND POLICY

33.1 Money-Back Guarantee (Shared Web Hosting Only)

SCALIBIT offers a thirty (30) day money-back guarantee exclusively for its Shared Web Hosting services, including cPanel Hosting, CWPpro Hosting, and WordPress Hosting. If You are not fully satisfied and cancel within thirty (30) days of the initial order, You may request a full refund of the amount paid for the eligible Shared Web Hosting service.

• This guarantee applies only to Shared Web Hosting services — including cPanel Hosting, CWPpro Hosting, and WordPress Hosting — and does not extend to any other SCALIBIT products or services.

• All new SCALIBIT customers are eligible for this thirty (30) day refund period for the first purchase of a Shared Web Hosting plan, upon written request to the Billing Department.

• A “new customer” is defined as an individual or entity that has never previously purchased any service from SCALIBIT. Subsequent or additional purchases (e.g., 2nd, 3rd, etc.) are not eligible for refund under this guarantee.

• If You exceed Your bandwidth or resource limits within the first thirty (30) days of service, You forfeit eligibility for the money-back guarantee.

• Violations of the Terms of Service or the Acceptable Use Policy (AUP) automatically void refund eligibility. SCALIBIT reserves the right to deny refunds in cases of abuse, resource misuse, or policy violation.

• Refunds are not available for orders paid using cryptocurrencies, tokens, or other digital assets.

• If refunding to the original payment method is not technically possible, the amount may, at SCALIBIT’s discretion, be applied as credit to Your SCALIBIT account balance.

33.2 Non-Refundable Products and Services

Unless expressly stated otherwise, all sales are final and non-refundable. The following products and services are not eligible for refunds under any circumstances:

• Virtual Machines: VPS Hosting, VDS Hosting, Dedicated Cloud Servers

• Cloud Services: Cloud Hosting, Cloud Servers, Cloud Backup

• Cloud Compute Services: Standard Performance, High Performance, High Frequency

• Optimized Cloud Compute Services: General Purpose, CPU Optimized, Memory Optimized, Storage Optimized

• Dedicated Infrastructure: Dedicated Servers, Bare Metal

• Licenses and Software: cPanel, CWPpro, CloudLinux, Imunify, LiteSpeed, or any other third-party license or software add-on

• Domain-related Services: Domain Registration, Renewal, Transfer, Redemption Fees, Domain Protection / Whois Privacy, Premium DNS

• SSL Certificates and Certificate Renewals

• IP Addresses and any associated routing, subnet, or allocation fees

• Products or services billed on an hourly or usage-based model

• Products or services terminated for violations of the Terms of Service or Acceptable Use Policy

• Administrative, installation, or setup fees for custom configurations, additional work, or service modifications

• Any products or services purchased using cryptocurrencies, tokens, or other digital assets

• Deposits made as Account Credit Balance (“Add Funds”) are non-refundable and may only be used toward future invoices

• Plans purchased through special promotions, coupons, or discount codes are non-refundable

Refunds are not issued for downtime, technical issues, or delays caused by external factors outside SCALIBIT’s control, including network disruptions, customer misconfiguration, or third-party failures. No refunds are provided for partially used service periods or early cancellation.

SCALIBIT reserves the right to deny a refund if, in its sole judgment, the Customer has engaged in abuse, excessive cancellations, fraudulent orders, or behavior inconsistent with fair usage or intended service purpose.

34. TERMINATION & CANCELLATION POLICY

The initial term of Your Agreement with SCALIBIT is defined in Your Order Form and commences upon the activation of the Services. After the Initial Term, this Agreement automatically renews for successive terms of equal duration unless cancelled or terminated by either party in accordance with this Section.

34.1 Termination by SCALIBIT

SCALIBIT may suspend or terminate Your access to any Service, in whole or in part, without prior notice, including deletion of all files, content, or domain registrations, if: (i) You fail to pay any fees when due; (ii) You violate these Terms, the AUP, or any applicable law; (iii) Your conduct may harm SCALIBIT, its infrastructure, its reputation, or other customers; (iv) You engage in abusive, threatening, or harassing behavior toward SCALIBIT personnel; or (v) SCALIBIT determines, in its sole discretion, that termination is required to comply with law, regulation, or court order.

No refunds or credits shall be issued for any Services terminated under this Section. SCALIBIT may also take control of any domain name associated with terminated Services that was registered through SCALIBIT’s registrar integration.

Upon termination for cause, You shall remain liable for all outstanding fees and reasonable costs incurred by SCALIBIT in enforcing compliance or closing Your account. UPON TERMINATION FOR ANY REASON, ALL USER CONTENT, WEBSITES, AND DATA WILL BE PERMANENTLY DELETED IN ACCORDANCE WITH SECTION 25 (BACKUPS & DATA RETENTION).

34.2 Customer-Initiated Cancellation

Customers may cancel Services at any time before the next renewal date by submitting a formal cancellation request through the SCALIBIT Client Area. If no cancellation request is submitted prior to renewal, the Service renews automatically and the Customer remains fully responsible for payment of the renewal invoice. SCALIBIT does not accept cancellation requests via email, ticket, or chat unless otherwise confirmed in writing by authorized staff.

34.3 Non-Payment Suspension and Termination

Invoices unpaid three (3) days after the due date result in temporary suspension of Services. If payment is still not received by the fifth (5th) day, the Service may be terminated without further notice pursuant to Section 25 and Section 32. Suspension limits access but does not guarantee data preservation. No service-level guarantees apply during suspension.

Upon termination, all data is permanently deleted and cannot be recovered. Virtual Machines (VPS, VDS, Dedicated Cloud Servers), Cloud Services (Cloud Hosting, Cloud Servers, Cloud Backup), Cloud Compute Services (Standard Performance, High Performance, High Frequency), Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), and Dedicated Servers (Dedicated Servers or Bare Metal) do not include backup or restore functionality. During suspension, such servers are offline; upon termination, they are wiped or re-provisioned and all stored data is irretrievably lost.

Shared Web Hosting accounts (cPanel, CWPpro, WordPress) may be restored only if a usable courtesy backup exists; such restores are not guaranteed and may incur additional fees. Bank transfers and offline payments remain subject to reconciliation times; billing obligations continue during suspension and do not extend the service term. Prepaid fees are non-refundable unless expressly stated otherwise.

SCALIBIT is not liable for data loss, email loss, or service interruption caused by suspension or termination for non-payment. Certain third-party dependent services (e.g., domains or SSL certificates) may expire independently and may cause additional downtime or warnings.

34.4 Termination Without Cause & Data Handling

34.4.1 Termination Without Cause

SCALIBIT may, in its sole discretion, discontinue or terminate any Service at any time and for any lawful reason (“termination without cause”). Where practicable, SCALIBIT will provide at least thirty (30) days’ written notice prior to such termination. Customers are responsible for securing replacement service providers and migrating all data prior to the termination effective date. No compensation or refund shall be due for any unused portion of a billing term.

34.4.2 Termination for Cause

If SCALIBIT terminates a Service due to a material breach of these Terms, including violations of the AUP, Anti-Spam Policy, or applicable law, all prepaid fees are forfeited and non-refundable. Termination for cause may occur immediately and without prior notice.

34.4.3 Early Termination & Fees

If a Customer terminates a Service prior to the end of its billing cycle, SCALIBIT may impose a reasonable early termination fee to cover administrative and operational costs. Prepaid amounts are non-refundable, and the early termination fee is non-waivable.

34.4.4 Customer Data Handling & Archival

Upon termination, SCALIBIT may, but is under no obligation to, retain limited data for archival or compliance purposes. All retention, deletion, and backup operations follow Section 25 (Backup & Data Retention). SCALIBIT bears no responsibility for any data loss or inaccessibility after termination.

34.4.5 No Liability for Termination

To the maximum extent permitted by law, SCALIBIT shall not be liable to You or any third party for any suspension or termination of Services, including any consequential loss of data, revenue, goodwill, or business opportunity.

34.4.6 Survival

All provisions of this Agreement which by their nature should survive termination shall remain in effect, including but not limited to ownership, indemnification, warranty disclaimers, limitation of liability, and governing-law provisions.

35. CUSTOMER SUPPORT

35.1 General Information

SCALIBIT provides customer support to You at no additional cost for issues directly related to SCALIBIT Services. SCALIBIT reserves the right to determine, at its sole discretion, what constitutes a service-related issue and to charge additional fees or refuse assistance for non-service-related matters. Any fees paid for out-of-scope support are non-refundable.

Before any assistance is provided, You may be required to verify Your identity and account ownership. Unless otherwise specified by the Service, all support requests must be submitted exclusively via the Support Ticket System within the Customer Panel. SCALIBIT shall have no obligation to provide support through other channels (such as telephone, chat, or email) unless explicitly stated. You are solely responsible for selecting the correct category when submitting a support ticket; delays resulting from miscategorized tickets are not SCALIBIT’s responsibility.

By requesting assistance, You expressly authorize SCALIBIT’s support personnel to access Your account, files, or systems as necessary to investigate and resolve the issue. You must provide any credentials or access required to deliver support. It is solely Your responsibility to maintain a complete and up-to-date backup of all data, files, and configurations prior to requesting support. SCALIBIT shall not be held liable for any data loss, corruption, or service impact resulting from support operations.

Abuse of the Support System includes, but is not limited to: opening an excessive number of tickets, repeated misuse of categories, aggressive or harassing communication, or attempting to obtain free consulting beyond the defined service scope. Such abuse may result in a formal warning, restriction of support access, account suspension, or permanent termination of Services without refund. SCALIBIT reserves the sole right to determine what constitutes abuse.

Due to strict identity verification and security procedures, SCALIBIT does not provide technical or account support via telephone or unauthorized communication channels. All official support communications are handled exclusively through the authenticated Customer Panel.

35.2 Technical Support

Technical assistance is provided on a best-effort basis and limited to issues directly related to SCALIBIT’s hosting infrastructure and platform. During troubleshooting, SCALIBIT may temporarily modify configurations or system settings; You acknowledge that such actions could affect service functionality. It is Your responsibility to maintain a backup of all data before submitting a technical support request.

SCALIBIT may refuse or discontinue technical support if You violate the Terms of Service, fail to follow SCALIBIT’s instructions, request changes that compromise system security or stability, make conflicting modifications during an open support session, or engage in abusive behavior toward staff.

Free technical support does not include, without limitation:

• Website coding, debugging, or custom development tasks.

• Installation or configuration of third-party scripts, modules, plugins, or themes.

• Security audits, malware removal, or performance optimization services.

• Installation of additional server software outside of approved PHP extensions, Perl modules, or other components expressly authorized by SCALIBIT.

Requests outside of the free support scope may be considered at SCALIBIT’s discretion and subject to additional service fees. No paid technical support will be billed without Your prior written consent.

35.3 Support with SCALIBIT

All technical support requests must be submitted exclusively through your authenticated Customer Panel via the Support Ticket System. Support requests submitted by email, chat, social media, or phone are not accepted for security and verification reasons.

When submitting a support request, please include sufficient technical details such as:

• Root or Administrator Username (if applicable)
• SSH or RDP Port Number
• Domain Name(s) associated with the service
• Detailed Description of the Issue

For your security, SCALIBIT recommends creating a temporary user account when direct system access is required for troubleshooting. These credentials must be shared only within the secure support ticket and changed or deleted immediately after the issue is resolved. Once the technical issue has been fully resolved, SCALIBIT will remove any access credentials (such as temporary passwords or SSH port numbers) provided in the ticket and post a confirmation notice stating that:

“For security reasons, your server access credentials have been removed from this support ticket.”

This procedure ensures that no sensitive access data remains stored within SCALIBIT’s systems after the completion of support operations. Where technically possible, this process is performed automatically to enhance privacy and operational security.

SCALIBIT does not retain, store, or have access to customer passwords, SSH keys, or administrative credentials after deployment. By providing access credentials or requesting assistance, the Customer acknowledges full responsibility for safeguarding all authentication information before and after the support process.

All technical interventions are performed on a best-effort basis and may involve configuration changes. Customers must maintain complete backups of all data and system configurations prior to authorizing any technical action. SCALIBIT shall not be held liable for any loss, corruption, or modification of data, configurations, or software resulting from the requested intervention.

35.4 Critical Security Notice: Technical Support Access Policy

If your issue requires SCALIBIT technical staff to access your system, you must provide temporary access credentials through a secure support ticket. These credentials are for one-time use only and are not retained after issue resolution. SCALIBIT performs all technical actions under strict confidentiality and with the minimum necessary access.

You are solely responsible for revoking or resetting these temporary credentials once the support process is complete. Failure to update access details after resolution may expose your system to security risks. SCALIBIT shall not be liable for any unauthorized access resulting from the Customer’s failure to change credentials following support intervention.

35.5 Data Integrity & Liability Disclaimer

SCALIBIT performs all technical operations with care and professionalism. However, any technical intervention — including but not limited to troubleshooting, configuration changes, password resets, or operating system reinstallation — may carry inherent risks such as temporary service interruption or data loss.

Customers are solely responsible for maintaining up-to-date and verified backups of all systems, files, and configurations prior to requesting or authorizing any technical assistance from SCALIBIT. By providing access credentials or requesting direct intervention, customers acknowledge that SCALIBIT shall not be held liable for any data loss, corruption, or modification resulting from the requested technical operations.

SCALIBIT does not perform, store, or maintain backups of customer systems under any circumstances. Backup creation, verification, and retention are entirely the Customer’s responsibility, and no automatic or manual backups are made by SCALIBIT before, during, or after any support intervention.

SCALIBIT does not perform or retain any backups before, during, or after technical support operations. Backup responsibility lies entirely with the Customer, and SCALIBIT cannot be held liable for any data loss or system impact resulting from the absence of valid backups.

For additional details on backup scope and policies, please refer to Section 25 — Backups and Data Loss (Backup & Data Retention Policy). For general limitations of liability, see also Section 40 — Limitation of Liability; Waiver and Release.

36. CHANGES TO SCALIBIT’S NETWORK

36.1 Maintenance & Service Interruptions

SCALIBIT may perform scheduled or emergency maintenance to ensure the stability, performance, and security of its infrastructure. Scheduled maintenance notifications will be sent directly to affected Customers via the Customer Panel through the Support Ticket System whenever practicable.

Emergency maintenance may be performed without prior notice when necessary to protect the integrity of the network, prevent data loss, or mitigate ongoing incidents. During maintenance windows, Services may experience temporary unavailability, increased latency, or limited functionality.

SCALIBIT shall not be liable for any loss, delay, or interruption resulting from maintenance, force majeure, or actions taken in good faith to maintain service continuity and network security. No uptime or performance guarantees apply during scheduled or emergency maintenance periods.

36.2 Infrastructure & Network Changes

SCALIBIT continually enhances and maintains its network infrastructure to ensure performance, security, and reliability. Upgrades or modifications to SCALIBIT’s systems — including, but not limited to, hardware replacements, software updates, routing adjustments, peering arrangements, or changes in data center or upstream service providers — may affect the display, functionality, or temporary availability of Customer’s hosted content and/or applications.

SCALIBIT reserves the right to perform such changes at its sole and commercially reasonable discretion. Where feasible, SCALIBIT will make reasonable efforts to notify affected Customers in advance through the Customer Panel ticket system prior to any planned maintenance or major infrastructure updates that may impact services.

SCALIBIT shall not be held liable for any temporary service interruptions, latency, or other performance impacts resulting from such maintenance, upgrades, or network optimizations, provided that such actions are conducted in good faith and in accordance with standard industry practices.

37. 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.

37.1 Notice and migration

In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty (30) 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, we will attempt to notify you thirty (30) or more days in advance of the EOL date. However, if the Service maintains at least reasonably equivalent functionality without such feature, functionality, or aspect (as determined by SCALIBIT in its sole discretion), SCALIBIT will not be required to offer a comparable feature or refund.

37.2 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.

38. REQUESTS FOR CUSTOMER INFORMATION

SCALIBIT is a global provider of Shared Web Hosting, Virtual Machines (VMs), Cloud Environments, and Dedicated Servers Or Bare Metal services, operating across multiple regions including North America, South America, Europe, Asia-Pacific, And Africa.

As an infrastructure provider, SCALIBIT does not manage or control any Shared Web Hosting, Virtual Machines (VMs), Cloud Environments, Or Dedicated Servers Or Bare Metal services — including any data, content, or applications hosted within those environments. Customers maintain full care, custody, and control over the data, content, and activities associated with their hosted services and are solely responsible for all actions originating from the IP address(es) assigned for use with their services.

SCALIBIT is an infrastructure service provider and does not access, monitor, or control customer systems, content, or hosted data. Customer systems, including Virtual Machines, Dedicated Servers, and Cloud Instances, operate entirely under the customer’s control. SCALIBIT maintains only limited account and network metadata (such as Service Identifiers, IP Assignments, And Billing Records) necessary for technical and operational purposes.

38.1 Cooperation With Authorities

SCALIBIT cooperates with competent law enforcement and regulatory authorities — including Police, Prosecutors, Courts, and Cybercrime Units — only to the extent required by applicable law. Such cooperation is carried out in accordance with all relevant data protection and privacy frameworks, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), U.S. State Privacy Laws, Türkiye’s Kişisel Verilerin Korunması Kanunu (KVKK), and the Electronic Communications Privacy Act (ECPA).

SCALIBIT processes only official, lawful, and verifiable requests and discloses information solely to the extent necessary to comply with applicable legal obligations. SCALIBIT never discloses customer data for civil, private, or informal requests.

All requests are reviewed for authenticity, scope, and legal validity prior to disclosure. All cooperation actions are logged internally to ensure transparency and accountability.

All cooperation under this Section is conducted in good faith, strictly for the purpose of legal compliance, and in accordance with SCALIBIT’s Privacy Policy and Data Processing Agreement. This cooperation extends to legitimate, verifiable requests from competent international authorities or cross-border law enforcement agencies acting under mutual legal assistance treaties (MLATs) or equivalent frameworks, in accordance with applicable international law. For detailed procedural information, see SCALIBIT’s Law Enforcement And Legal Requests For Customer Data Policy .

38.2 Scope And Limitations Of Disclosure

In response to a valid legal request, SCALIBIT may provide limited customer account or service-related metadata such as identification details, account ownership records, payment history, service provisioning details, or IP allocation records. SCALIBIT does not store or retain customer content (including website data, databases, or email content) within its systems, except in shared hosting environments where data resides entirely under the customer’s control.

For Virtual Machines, Cloud Services, and Dedicated Servers, SCALIBIT does not have or retain any access credentials, passwords, or encryption keys after deployment; therefore, such data cannot be produced even upon request. SCALIBIT does not maintain or store customer administrative credentials, encryption keys, or full data backups. In the event of a lawful, verifiable request from competent authorities, SCALIBIT may perform Limited Technical Actions — such as Credential Resets Or Console-Level Recovery Operations — Solely to comply with that legal obligation. All such actions are logged, audited, and limited to the minimum scope required by law.

38.3 Data Availability And Access Limitations

Where a lawful request concerns an IP address or server operated within SCALIBIT’s infrastructure, SCALIBIT can identify the relevant customer account and service details associated with that resource. However, SCALIBIT does not retain operating system–level access credentials (such as root or administrator passwords, SSH keys, or SSH port numbers).

SCALIBIT does not possess, monitor, or store any network-level traffic data, packet logs, or the contents of any electronic communications associated with a customer’s IP address (e.g., destination IPs, payload contents, flow data, or browsing activity), as all transit traffic is handled directly by upstream data center providers and their network infrastructure.

If a lawful request seeks information that exists only within customer-managed systems (such as website content, application data, or access logs), SCALIBIT will inform authorities that such data is not available within its infrastructure. All disclosures are limited strictly to metadata and account-level records that are technically available and maintained within SCALIBIT’s internal systems.

38.4 Customer Responsibility And Network-Level Actions

Customers are fully and solely responsible for the services they host or use on SCALIBIT’s infrastructure — including all usage, management, content, and activities originating from the IP address(es) assigned for their services. SCALIBIT provides only the underlying technical infrastructure and does not monitor, manage, or control customer activities or hosted content.

In cases involving cybercrime, fraud, abuse, or network-level attacks, SCALIBIT may immediately suspend, null-route, or terminate affected services to protect infrastructure integrity. All such actions are taken in good faith and in compliance with applicable laws and regulations.

38.5 Reference Policy

All lawful information requests and disclosures are handled strictly in accordance with SCALIBIT’s Law Enforcement And Legal Requests For Customer Data Policy , which outlines the procedures, verification requirements, and submission channels for valid legal process.

39. 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.

40. LIMITATION OF LIABILITY; WAIVER AND RELEASE

In no event shall SCALIBIT, its officers, directors, employees, agents, or any 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 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 data stored therein, (vii) any interruption or cessation of Services, (viii) any viruses, worms, bugs, trojan horses, or the like, (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; (vi) 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, or the total amount paid during the three (3) months preceding the event giving rise to such claim — whichever is lower. This limitation shall apply only in cases where SCALIBIT is found legally liable due to its own negligence, error, or breach of contractual obligations, and shall not apply in any case of suspension, termination, or restriction of Services due to Customer’s violation of the Terms of Service, Acceptable Use Policy, or any applicable law.

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.

41. HIPAA DISCLAIMER — WE ARE NOT “HIPAA COMPLIANT”

You are solely responsible for ensuring compliance with all applicable federal, state, and international laws governing the privacy and security of personal data — including medical, health, or other sensitive information. You acknowledge that the Services are not designed or intended for the storage, transmission, or management of sensitive data such as medical, health, or child-related information.

SCALIBIT does not monitor, control, or access the information or data you store on or transmit through the Services. SCALIBIT expressly disclaims any representation or warranty that the Services, as offered, comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”) or any similar data protection or medical privacy law.

Customers requiring secure storage, transmission, or processing of Protected Health Information (“PHI”) as defined under HIPAA are expressly prohibited from using the Services for such purposes. Any storage, handling, or transmission of PHI through SCALIBIT’s infrastructure constitutes a material violation of this Agreement and may result in immediate suspension or termination of the Customer’s account without refund.

SCALIBIT does not enter into Business Associate Agreements (“BAA”), and you acknowledge and agree that SCALIBIT is not a Business Associate, subcontractor, or agent of yours pursuant to HIPAA or any related regulations.

42. INDEMNIFICATION

You, for yourself and on behalf of your heirs, representatives, successors, and assigns, hereby fully release and forever discharge SCALIBIT, its affiliates, and all officers, agents, employees, and representatives from any and all claims, demands, causes of action, damages, liabilities, losses, or expenses of every kind and character whatsoever (including both tort and contract claims), whether known or unknown, arising out of or in any way connected with the Services, your acquisition or use thereof, or any SCALIBIT products or services provided to you.

Further, you agree to defend, indemnify, and hold harmless SCALIBIT and its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from and against any and all losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees and any third-party claims) arising from or relating to:

• (i) any breach of this Agreement, the Acceptable Use Policy (AUP), or any other incorporated agreement;

• (ii) your use or misuse of the Services, including any claim of intellectual property infringement, misappropriation, or dilution by you or by anyone using your account or systems;

• (iii) any content, information, or data you provide, publish, or host through SCALIBIT Services, including any misrepresentation or omission;

• (iv) any negligence, fraud, or willful misconduct by you or your users; or

• (v) any actual or alleged violation of a third party’s rights, including copyright, trademark, trade secret, privacy, or proprietary interests.

This indemnification is in addition to any other indemnification obligations set forth elsewhere in this Agreement. If SCALIBIT becomes aware of a pending or filed legal action relating to your Services, SCALIBIT may require written confirmation of your indemnification obligations, which may include providing performance bonds, insurance coverage, or other financial guarantees. Failure to provide such confirmation may constitute a material breach of this Agreement.

SCALIBIT reserves the right to participate in the defense of any claim through counsel of its own choosing and to assume control of such defense where appropriate. You agree to promptly notify SCALIBIT in writing of any such claim and to cooperate fully during all related proceedings. The terms of this Section shall survive the termination or expiration of this Agreement.

43. U.S. EXPORT LAWS

43.1 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.

43.2 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

For additional compliance details and usage restrictions under U.S. Export and Sanctions laws, please refer to AUP §22 (U.S. Export Laws and Sanctions Compliance).

44. COMPLIANCE WITH LOCAL LAWS

SCALIBIT makes no representation or warranty that the content, materials, or Services available on this Site are appropriate, lawful, or permitted for use in every country or jurisdiction. Access to this Site or any SCALIBIT Service from territories where such access or use is prohibited by law is strictly forbidden.

Users who choose to access this Site or utilize our Services from outside the United States do so on their own initiative and are solely responsible for compliance with all applicable local laws, regulations, and governmental requirements of their jurisdiction — including, without limitation, those relating to data protection, privacy, consumer protection, and export control.

SCALIBIT reserves the right to restrict access to the Site or any Services in any country or region at its sole discretion where such access may be deemed unlawful or inconsistent with applicable regulatory obligations.

45. NO THIRD-PARTY BENEFICIARY RIGHTS

This Agreement, together with any addenda, schedules, or supplements hereto, is not intended to, and shall not be construed to, confer upon any third party any rights, remedies, benefits, or interests whatsoever — including, without limitation, any third-party beneficiary rights — with respect to or in connection with any provision of this Agreement or the Services provided hereunder.

All provisions of this Agreement are intended solely for the benefit of the parties hereto and their respective permitted successors and assigns.

46. NOTICES

All notices, requests, or communications under this Agreement — including but not limited to contractual, billing, compliance, or legal matters — must be sent in writing to SCALIBIT through one of the following official contact channels:

• General legal and compliance matters: legal@scalibit.com

• Subpoenas, court orders, or law enforcement requests: legalrequests@scalibit.com

• Billing and payment matters: billing@scalibit.com

• Official ticketing system: https://scalibit.com/login/

All notices sent to SCALIBIT must originate from the registered email address associated with the Customer’s account. Notices to the Customer shall be delivered electronically to the primary contact email address on record. Notices are deemed received on the date transmitted, or, if transmitted on a non-business day, on the next business day.

The Customer may update its notice or contact information by submitting a written request through the Client Portal or by email to billing@scalibit.com. SCALIBIT is not responsible for undelivered notices due to outdated or inaccurate contact information provided by the Customer.

47. ELECTRONIC COMMUNICATIONS

Communications between You and SCALIBIT are conducted through electronic means, whether You visit the SCALIBIT website, send emails to SCALIBIT, or use the Services; or whether SCALIBIT posts notices on its Site or communicates with You via email. For contractual purposes, You (i) consent to receive communications from SCALIBIT in electronic form, and (ii) agree that all terms, notices, disclosures, and other communications that SCALIBIT provides to You electronically shall satisfy any legal requirement that such communications be in writing.

Where SCALIBIT requires that You provide an email address, You are responsible for providing and maintaining an accurate, current, and functional email address. In the event that the last email address provided to SCALIBIT is invalid or incapable of receiving communications, SCALIBIT’s dispatch of an email containing such notice shall nonetheless constitute effective notice.

Each Party agrees that (i) the sender identification contained in an electronic communication is legally sufficient to verify the sender’s identity and authenticity; (ii) an electronic communication containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature; and (iii) an electronic communication, or any printout thereof, constitutes valid evidence of the communication’s contents and transmission.

48. FINAL AGREEMENT

This Agreement, together with all documents incorporated by reference, constitutes the complete and exclusive understanding between You and SCALIBIT, superseding all prior proposals, agreements, communications, or representations — whether written or oral — relating to the subject matter hereof.

This Agreement may be amended only by a written instrument executed by both You and an authorized representative of SCALIBIT. By applying for, accessing, or using any SCALIBIT Services, You acknowledge that You have read, understood, and agree to be bound by all the terms and conditions contained herein and in any documents incorporated by reference.

49. NO AGENCY RELATIONSHIP

Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, fiduciary, or other form of joint enterprise between You and SCALIBIT. Each Party acts as an independent entity and has no authority to bind or obligate the other in any manner, whether expressly, implicitly, or by appearance.

50. ENFORCEABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect. SCALIBIT and the Customer agree to replace any such invalid or unenforceable provision with a valid one that most closely reflects the original intent and purpose of the provision being replaced.

51. ASSIGNMENT AND RESALE

Except as expressly provided herein, You may not assign, transfer, sublicense, or otherwise convey any of Your rights or obligations under this Agreement without the prior written consent of SCALIBIT. Any attempt to do so without such consent shall be null and void and may result in immediate termination of the Services.

You may not reproduce, duplicate, copy, resell, or otherwise exploit any portion of the Services for commercial purposes without SCALIBIT’s prior written authorization. SCALIBIT may transfer, assign, delegate, or subcontract its rights or obligations under this Agreement, in whole or in part, at any time without prior notice to You.

52. FORCE MAJEURE

SCALIBIT shall not be liable or responsible for any failure or delay in the performance of its obligations under this Agreement that results from events, circumstances, or causes beyond its reasonable control (each a “Force Majeure Event”).

Force Majeure Events include, but are not limited to, the following:

• Misuse, alteration, or interference by You or any third party with SCALIBIT’s servers, systems, or networks (including viruses, malware, DDoS attacks, or unauthorized access attempts);

• Strikes, lockouts, labor disputes, or other industrial actions;

• Civil unrest, riots, insurrections, invasions, acts of terrorism or threats thereof, war (declared or undeclared), or preparation for war;

• Fire, explosion, storm, flood, earthquake, landslide, epidemic, pandemic, or other natural disasters or acts of God;

• Power outages, electrical failures, disruptions in internet connectivity, or interruptions in energy supply affecting SCALIBIT’s infrastructure or data centers;

• Unavailability or breakdown of public or private telecommunications networks, transport systems, or other critical third-party infrastructure;

• Acts, decrees, legislation, regulations, embargoes, or restrictions imposed by any governmental or regulatory authority.

During the continuance of a Force Majeure Event, SCALIBIT’s obligations shall be deemed suspended, and SCALIBIT shall be granted a reasonable extension of time to perform its obligations. SCALIBIT will make commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume full performance as soon as reasonably practicable.

53. GOVERNING LAW & JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it, its subject matter, or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Services provided by SCALIBIT, the Parties shall first attempt to resolve the matter amicably through good faith negotiation. If no resolution is reached within thirty (30) days, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration shall take place in Cheyenne, Wyoming, United States, before a single arbitrator appointed in accordance with the AAA Rules. The language of arbitration shall be English, and each Party shall bear its own costs and expenses, including legal fees, unless otherwise determined by the arbitrator in the final award.

The arbitral award shall be final and binding upon the Parties, and judgment upon the award may be entered in any court of competent jurisdiction. You further agree that any claim or cause of action arising out of or related to the use of SCALIBIT’s Services must be filed within one (1) year after such claim or cause of action arose; otherwise, it shall be permanently barred.

Notwithstanding the foregoing, SCALIBIT reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property, confidential information, or to prevent unauthorized access or misuse of its infrastructure.

54. HEADINGS

The section and subsection headings contained in this Agreement are for convenience and reference purposes only. They do not define, limit, interpret, or describe the scope, intent, or legal effect of any provision of this Agreement and shall not affect its construction or interpretation in any way.

55. CHANGES TO THIS AGREEMENT

SCALIBIT reserves the right, at its sole discretion, to revise, modify, or update this Terms of Service (TOS) and any related policies (including but not limited to the Acceptable Use Policy, Privacy Policy, and Refund Policy) at any time, with or without prior notice. Unless otherwise stated, such revisions become effective immediately upon being published on the SCALIBIT website.

It is your responsibility to review this Agreement periodically to remain informed of any updates or modifications. Your continued use of the Services after the effective date of any change constitutes your binding acceptance of the revised Terms. If you do not agree with the updated Terms, you must immediately discontinue use of the Services.

The most current and authoritative version of this Agreement is always available at:
https://scalibit.com/legal/terms-of-service

56. ERRORS, OMISSIONS, AND PRICING DISCLAIMER

While SCALIBIT makes every reasonable effort to ensure the accuracy and completeness of all information published on its website, product listings, and client portal, occasional typographical errors, inaccuracies, or outdated details may occur. This may include, without limitation, errors in service descriptions, technical specifications, or pricing information.

SCALIBIT reserves the right to correct any such errors, inaccuracies, or omissions at any time — including after an order has been submitted — and to modify, cancel, or adjust any order affected by such discrepancies without prior notice. If a pricing or specification error impacts an existing order, the Customer will be notified and provided the option to either proceed at the corrected price or cancel the order for a full refund (if payment has already been received).

All prices, discounts, promotions, and offers displayed on the SCALIBIT website are subject to change at any time and without prior notice. SCALIBIT shall not be liable for any losses, misunderstandings, or damages resulting from outdated, inaccurate, or incorrectly displayed information on its website or related materials.

57. CONTACT INFORMATION

If you have any questions regarding this Agreement, or require clarification about its interpretation or application, please contact us through one of the following channels:

SCALIBIT.COM
Email (General Inquiries): info@scalibit.com
Email (Customer Support): support@scalibit.com
Email (Legal & Compliance): legal@scalibit.com