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).

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 the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure 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 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.

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.

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).

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 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 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 (for example, when the person who placed the order differs from the person or entity that made the payment). 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.

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 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 (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 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”). 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.

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”).

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.

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 Processing Agreement 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 TOS §14.

  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 TOS §25 / §25.1 / §25.2.

• 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 TOS §32.10.1 and TOS §34.

• 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 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. 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.

.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.

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 content or adult 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), 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. 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. 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 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.

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. 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) 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 DDoS 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.

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.

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.

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 and Bare Metal).

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.

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 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 infrastructure-based services that include dedicated IP allocations — specifically Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, and 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. SCALIBIT and its verified data center partners retain administrative and operational control over all IP address space assigned, routed, or announced on behalf of customers, including infrastructure hosted within partner-operated facilities.

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 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 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 partners and data center facilities located in various 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, and SCALIBIT assumes no liability for any misuse, abuse, or unlawful activity originating from the Customer’s allocated IP space.

This structure ensures consistency across all network regions, whether IPs are directly allocated from SCALIBIT’s address space or assigned by its verified 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 and delisting fees.

Reverse DNS (rDNS) and PTR record updates are available only for infrastructure-based services with dedicated IP allocations and are subject to SCALIBIT’s rDNS naming and verification policies. Shared Web Hosting environments are excluded from rDNS customization unless expressly stated. SCALIBIT and its verified data center partners retain administrative and operational control over all IP address space assigned, routed, or announced on behalf of customers, including infrastructure hosted within partner-operated facilities.

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

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 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 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 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 within 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 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.

• Spam and Unsolicited Communications. Sending or facilitating 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, network scanning, brute-force attempts, denial-of-service (DoS/DDoS) operations, vulnerability exploitation, or penetration testing of any system or network is strictly prohibited.

• Prohibited VPN, Proxy, and Anonymization Use. Provisioning or operating VPNs, proxies, or anonymization services that conceal identity for illegal purposes, or to facilitate criminal, fraudulent, or abusive behavior, is forbidden.

• Gambling and Adult Content. Hosting or facilitating gambling, betting, lottery, pornographic, or adult-oriented content — including explicit media, cam sites, or adult streaming platforms — is prohibited.

• 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, operating illegal marketplaces, or processing proceeds of unlawful activity — is strictly prohibited.

• Cryptocurrency Mining and Blockchain Abuse. Engaging in or facilitating cryptocurrency mining, farming, or other blockchain-related activities on services not expressly designated for such use is prohibited.

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 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 is 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 provide 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.

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, backups, and overall security. SCALIBIT shall not be liable for data loss, corruption, unauthorized access, or software malfunction arising from Customer configurations or omissions.

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

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 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 — the Customer is solely responsible for securing, maintaining, and monitoring their own system credentials and access methods.

To ensure proper protection of your infrastructure, SCALIBIT provides the following best-practice recommendations, which are offered as general security guidance only and are not mandatory or guaranteed configurations. The Customer retains full responsibility for implementing, verifying, and maintaining all security controls on their system.

• Change the default root/administrator password immediately upon your first login.
• Modify the default SSH port (commonly 22) to a non-standard port to reduce automated attacks.
• Use SSH key-based authentication instead of password login for enhanced protection.
• Never share your server credentials or private keys with anyone, including SCALIBIT staff.

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 (if applicable), and provide those credentials only within the secure support ticket. Once the issue is resolved, the Customer must immediately revoke or delete the temporary account and update all associated access details. SCALIBIT will always 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.

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. We will, where necessary, fully cooperate with the authorities.

• 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 is unlawful or which is 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.

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.

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.

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). We do not actively monitor the content hosted by our customers, whether on shared, virtual, or dedicated servers. Therefore, we bear no responsibility for any content hosted on your websites or servers.

• 20.2. It is your sole responsibility to ensure that any content or material on your website or web service has been created by you or that you have obtained all necessary permissions and licenses to use such material.

• 20.3. You are solely responsible for resolving any dispute involving copyright or intellectual property rights associated with your website or web service. You agree to indemnify and hold harmless SCALIBIT against all costs, including legal expenses, arising from any claim made by a third party in connection with your use or misuse of copyrighted or intellectual property materials.

• 20.4. You must not use your website or any associated web service to promote, host, or distribute any material or content that is illegal under applicable laws in the United States or any other jurisdiction in which your website or service operates. The Internet is a global communications network; therefore, content that is legal in one country may be illegal elsewhere, and you may be held liable under foreign laws.

• 20.5. We reserve the right to investigate any website, content, or service hosted on our infrastructure if potential abuse, copyright infringement, or illegal activity is brought to our attention. SCALIBIT may, at its sole discretion, remove any web page, file, or account hosted on our servers at any time and for any reason. Accounts found to contain illegal, abusive, or prohibited content—or that otherwise violate our Terms of Service—may be immediately suspended or terminated without prior notice.

  In cases involving illegal activities, fraudulent websites, or any content that violates applicable laws, SCALIBIT may fully cooperate with competent authorities (including, but not limited to, law enforcement agencies, prosecutors, or courts) and may provide relevant customer identification data, service details, IP usage logs, or other necessary information upon receipt of an official and verifiable request, as required by law.

21. SCALIBIT CONTENT

Except for User Content (as defined 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 the proprietary property of SCALIBIT or its licensors.

SCALIBIT Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or otherwise exploited for any purpose, in whole or in part, except as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or trade secrets from any SCALIBIT Content. Any unauthorized use of SCALIBIT Content will automatically terminate your rights to use the Services and such content. All rights not expressly granted in this Agreement are reserved by SCALIBIT and its licensors.

SCALIBIT Content is provided to you “as is,” “as available,” and “with all faults,” for your information and personal, non-commercial use only. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without our express prior written consent.

No right or license under any copyright, trademark, patent, or other proprietary right is granted by this Agreement. We reserve all rights not expressly granted herein, and this Agreement does not transfer ownership of any SCALIBIT Content, this site, or our Services.

22. USER CONTENT

22.1 Content

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

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

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

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

• 22.1.4 SCALIBIT may, at its sole discretion, immediately terminate Your Account and access to the Services, and terminate these Terms for cause, if Your conduct violates our Policies (See Section 8, Our Acceptable Use And Anti-Spam Policies), or if any of Your end users' or downstream customers' conduct violate such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the DMCA (See Section 29, Intellectual Property Infringement And DMCA Notifications).

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

  SCALIBIT takes the issue of child sexual abuse material (CSAM), child pornography, child erotica, and any form of sexual exploitation of minors very seriously. Any potential harm to minors through use of our Services is strictly prohibited. Content that is, or may be perceived to be, CSAM or child pornography will be immediately removed from public access upon notification or detection by SCALIBIT.

  Additionally, SCALIBIT reserves the right to terminate any Account whose website(s), service(s), or hosted resources host, store, or link to such material immediately and without prior notice. If the account is a SCALIBIT reseller account, the account will be suspended, and the reseller will be required to promptly terminate the responsible sub-account(s). You agree to cooperate fully in any such enforcement or investigation efforts.

  Content or communications seeking to solicit, lure, or entice minors into sexual activity, lewd behavior, or grooming are also strictly prohibited and will be treated as equivalent to child sexual abuse material under applicable law. The same zero-tolerance standard applies to any material depicting or promoting bestiality (zoophilia) or sexual abuse of animals. SCALIBIT may also report suspicious or borderline material involving minors to competent authorities for further investigation, even if it does not strictly meet the statutory definition of CSAM.

  Consistent with local, federal, national, and international laws, including the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located, SCALIBIT will cooperate with law enforcement authorities, public prosecutors, courts, and other competent judicial bodies, and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities. Evidence such as logs, metadata, or system images may be preserved for investigation or legal compliance as required by applicable laws.

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

  In accordance with the reporting requirements of 18 U.S.C. § 2258A, SCALIBIT will report to the CyberTipline any actual knowledge of apparent violations of 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If you suspect any instance of child sexual abuse material (CSAM) on services hosted by SCALIBIT, please notify us immediately at abuse-reports@scalibit.com.

  Do not download, copy, forward, or attach the imagery under any circumstance. Instead, include: (i) precise URL(s) or file path(s), (ii) date/time with time zone (UTC preferred), (iii) relevant IP address(es) and logs if available, and (iv) any contextual information (e.g., platform, user handle). You may also report directly to the CyberTipline or to a cooperating organization such as ASACP.

  Reports received at abuse-reports@scalibit.com are triaged with the highest priority. Where we gain actual knowledge, SCALIBIT will take immediate action, which may include disabling access, preserving evidence, and notifying the National Center for Missing & Exploited Children (NCMEC) via the CyberTipline, as required by law. Customers responding to an abuse notice should use abuse@scalibit.com. Law enforcement should direct formal legal process to legalrequests@scalibit.com.

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

22.2 Communications Decency Act (CDA) & DMCA Compliance Summary

• 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 as a provider of an interactive computer service and is therefore not responsible for any user-generated or third-party content hosted, transmitted, or published through the Services. 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, or that may arguably rise to the level of being actionable under federal or state laws, including but not limited to the publication of material that might be considered defamatory or violative of privacy or publicity rights. 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 Digital Millennium Copyright Act (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.

  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) require that any DMCA Notices relating to alleged infringement of a SCALIBIT Service Provider Customer be submitted directly to the DMCA Agent designated by such Customer. Customers shall 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. 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

  Pursuant to 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 content created by customers or their users. Federal law explicitly permits SCALIBIT to remove or restrict access to offensive, defamatory, obscene, or otherwise unlawful content without waiving its immunity under Section 230.

• 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.

22.3 Content That You Make Publicly Available

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

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

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

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

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

22.4 Security

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

23. SCALIBIT’S USE OF USER CONTENT

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

23.1 In General

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

23.2 User Submissions & User Reviews

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

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

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

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

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

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

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

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

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. You acknowledge that you have read and understand the Privacy Notice, and you consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, the Privacy Notice.

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

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

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

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

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 backup service typically runs once every week and may overwrite prior backups, but SCALIBIT is under no obligation or duty to the Customer to perform backups under this Agreement.

Your use of SCALIBIT’s Services is at your sole risk. This service is provided to you as a courtesy. SCALIBIT is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on SCALIBIT servers. Any and all backup services provided by SCALIBIT, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, 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.

26. THIRD PARTY PRODUCTS AND SERVICES

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

26.1 Third Party Providers

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

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

26.2 SCALIBIT Non-Exclusive Right to Use

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

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

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

26.3 SCALIBIT as Reseller or Licensor

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

26.4 Third-Party Software Use

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

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

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

26.5 Third Party Websites

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

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

27. THIRD-PARTY CONTENT

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

28. PRIVACY

SCALIBIT's Privacy Notice, which is incorporated herein by reference, is applicable to all Services. The Privacy Notice sets out Your rights and SCALIBIT's responsibilities with regard to Your personal information. SCALIBIT will not use or disclose Your information in any way inconsistent with the purposes and limitations provided in the Privacy Notice, except where required by applicable law or upon receipt of an official and verifiable request from competent authorities (including but not limited to Law Enforcement Agencies, Prosecutors, or Courts).

You agree that SCALIBIT, in its sole discretion, may modify the Privacy Notice, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. SCALIBIT will not refund any fees paid by You if You terminate your Agreement under this provision.

You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to SCALIBIT as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to SCALIBIT in the future. SCALIBIT is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

29. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

29.1 DMCA Copyright

SCALIBIT does not permit copyright-infringing activities or infringement of intellectual property rights on its Services. Pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws, SCALIBIT will take appropriate action upon receiving a valid and verifiable notice of infringement (please refer to our DMCA Copyright Policy). Such action may include notifying the relevant customer, requesting removal of the infringing material, and, if no action is taken within the specified time, suspending or disabling access to the affected service. SCALIBIT does not directly modify or delete customer content without due process.

29.2 Trademark or Copyright Claims

SCALIBIT is an online infrastructure and service provider that respects the copyrights and other intellectual property rights of others. To the extent SCALIBIT receives a proper notice of infringement of copyright, trademark, or other intellectual property, SCALIBIT reserves the right to access, preserve, and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if SCALIBIT believes, in its sole discretion, that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. 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 the access rights of a customer for repeated copyright infringement. SCALIBIT also reserves the right to terminate an account or subscriber for even one instance of infringement when required by law or necessary to protect network integrity.

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

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 relevant customer and ensuring compliance within the applicable timeframe. 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 directly intervene in or alter customer content. Instead, the customer is notified and required to take appropriate action to remove or disable the reported material.

The customer must investigate the claim and remove or disable the allegedly infringing content within forty-eight (48) hours of receiving the notice. If the customer fails to comply or respond within that period, SCALIBIT reserves the right to suspend, restrict, or terminate the affected service, website, or server to maintain compliance with legal obligations and protect the integrity of its infrastructure. SCALIBIT may cooperate with law-enforcement agencies or rights holders where legally required or appropriate to address verified infringements.

SCALIBIT shall not be held liable for any user-generated content, data, or materials hosted, transmitted, or otherwise made available through any customer-managed or customer-controlled service — in accordance with applicable safe-harbor provisions and intermediary-liability protections under relevant law.

All content hosted, stored, or transmitted through SCALIBIT Services is the sole legal responsibility of the Customer. SCALIBIT assumes no liability whatsoever for such content or for any actions, omissions, or consequences arising from customer 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 regulations under applicable international law (including the EU Digital Services Act and equivalent intermediary protections).

30. ABUSE, SPAM & ENFORCEMENT; LIQUIDATED DAMAGES

30.1 Overview

SCALIBIT maintains a strict zero-tolerance policy for spam, abuse, or any activity that compromises the security, stability, or reputation of its network, infrastructure, or other customers. We continuously monitor network traffic for signs of abuse and maintain an abuse complaint center for reporting violations.

30.2 Definition of Spam and Prohibited Communications

We define spam as the sending of Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) — messages sent to recipients without prior confirmed consent. This includes, but is not limited to:

• Transmission of any unsolicited commercial or bulk email, or engagement in any activity considered spamming or mail bombing.

• Usage of the SCALIBIT network to receive replies to unsolicited emails or campaigns.

• Forgery of headers or signatures, or any activity intended to deceive recipients about sender identity.

• Spamming via open proxies, open relays, or compromised systems.

• Configuring servers to relay unauthenticated third-party emails.

• “Spamvertising” or promoting services through spam or other abusive means.

• Phishing, fraudulent, or deceptive messaging of any form (including SMS, instant messages, or chat platforms).

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

30.3 Enforcement Actions

If SCALIBIT determines that any service is used in connection with spam or abuse, SCALIBIT may take immediate action — including, but not limited to, re-routing, suspension, null-routing, rate-limiting, or termination of affected services. Impacted services may include any form of 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 via their registered email or Client Area of the violation and required to confirm cessation of abuse and implement corrective actions. SCALIBIT may require a non-refundable reactivation fee before restoring service. If the abuse reoccurs, SCALIBIT reserves the right to permanently terminate all associated services without refund.

SCALIBIT reserves the right, but does not assume the obligation, to monitor, investigate, or enforce compliance with this Agreement, including the Acceptable Use Policy (AUP). In case of violations, SCALIBIT may take immediate corrective or enforcement action — including suspension, throttling, or termination of affected Services — to protect network integrity and other customers.

Abuse handling, notification, and remediation procedures are governed by SCALIBIT’s Acceptable Use Policy (§29 “Abuse Tickets”). Customers are required to monitor the registered contact email for any abuse-related notices and respond within the defined timeframe.

30.4 Incident Notification & Cooperation

For abuse, spam, or security incidents involving customer-managed environments — 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’s responsibility is limited to its own infrastructure. The customer is fully responsible for remediation, investigation, and compliance with any applicable legal, regulatory, or data breach notification obligations (see Section 7).

Upon receipt of an abuse or security report, SCALIBIT will forward the details (IP, domain, or service involved) to the Customer’s registered abuse contact or administrative email. The Customer must acknowledge within a reasonable timeframe, investigate, and confirm resolution. If no acknowledgment or corrective action is taken, SCALIBIT may suspend or terminate the affected service(s).

Repeated or severe abuse, or failure to cooperate, may result in permanent account termination. SCALIBIT may preserve relevant logs and cooperate with law enforcement or competent authorities when required by law. Any disclosure will be limited to the scope of the lawful request.

30.5 Remedies, Damages, and Fees

You agree that SCALIBIT may immediately terminate any account determined, in its sole discretion, to be engaged in spam or abuse. If actual damages cannot be reasonably calculated, you agree to pay SCALIBIT liquidated damages of $500.00 or $1.00 per spam message or 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 $500.00, which may increase based on third-party delisting fees, engineering hours, or associated operational costs. Customers are responsible for maintaining the reputation of their assigned IPs, domains, and infrastructure.

30.6 Legal Cooperation and Evidence Preservation

SCALIBIT may disclose customer information or IP usage data in response to valid and binding requests from law enforcement or judicial authorities. Where legally permissible, SCALIBIT will attempt to notify the Customer prior to disclosure. All such actions will comply with applicable data protection and privacy laws.

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

31. ADDITIONAL RESERVATION OF RIGHTS

SCALIBIT expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) at any time and for any reason, at its sole and absolute discretion. Such actions may be taken, including but not limited to, the following situations:

(i) to correct any errors or issues related to the provisioning or delivery of Services;
(ii) to protect the integrity, stability, and security of SCALIBIT’s network, systems, and infrastructure;
(iii) to prevent, investigate, or mitigate fraudulent, abusive, or illegal activity;
(iv) to comply with applicable local, national, or international laws, regulations, or law enforcement requests (including valid subpoenas or court orders);
(v) to comply with any dispute resolution process or regulatory requirement;
(vi) to enforce this Agreement, the Acceptable Use Policy (AUP), or any other applicable policy;
(vii) to address non-payment, chargebacks, or billing disputes;
(viii) to defend against any legal action, claim, or threat of legal action, whether or not ultimately determined to have merit; or
(ix) to avoid any civil, criminal, or regulatory liability for SCALIBIT, its affiliates, officers, directors, employees, or agents.

In the event that SCALIBIT exercises any of the above rights — including service suspension or termination — You acknowledge and agree that (a) You remain responsible for all accrued service fees and charges during any investigation or suspension period, (b) no refunds or credits will be issued for terminated or suspended Services, and (c) SCALIBIT shall not be liable to You or any third party for any resulting loss, damage, or inconvenience.

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

32.1 General Information

You agree to pay for the Services on time and in advance for the billing cycle during which the Services are provided. Invoices are generated ten (10) days before the due/renewal date of the Services. SCALIBIT provides a three (3)-day grace period after the due date. If the invoice is not paid within three (3) days after the due date, SCALIBIT will temporarily suspend the Services until the invoice is paid in full (see Section 32.10.1). If payment is still not received by the fifth (5th) day after the due date, the Services may be terminated without further notice pursuant to Section 34. Any backups (if any) may be deleted in accordance with Section 25.2. Suspension does not stop billing obligations or extend service terms; bank transfer and other offline payments are subject to receipt and reconciliation times, and a reasonable reactivation/processing fee may apply.

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

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

32.2 Billing and Payment

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

In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option will attempt to automatically renew the applicable service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. With the automatic renewal option, SCALIBIT will attempt to renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us at SCALIBIT’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. Please note that renewal dates vary by service. For instance, some services may renew thirty (30) days prior to expiration and others may renew ten (10) days prior to expiration. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your services before they expire or if your payment method chosen for your automatic renewal should fail, you may experience an interruption or loss of services, and SCALIBIT shall not be liable to you or any third party regarding the same. SCALIBIT reserves the right to determine whether a second attempt at payment will be made should the chosen payment method fail.

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

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

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

32.3 Price Changes

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

32.4 Currency

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

32.5 Multiple Accounts

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

32.6 Prepayment

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

32.7 Autorenewal

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

32.8 Taxes

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

32.9 Account Credit

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

32.10 Late Payment

All invoices must be paid within three (3) days of the invoice due date. Any invoice that remains outstanding beyond this period may result in the suspension of Services. Services not paid in full by the fifth (5th) day after the due date may be terminated, and data may be deleted in accordance with Section 25.2. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, SCALIBIT may suspend or terminate your account and pursue the collection costs incurred by SCALIBIT, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. SCALIBIT will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

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

32.10.1 Service Suspension (Overdue Accounts)

If an invoice remains unpaid three (3) days after the due date, the related Services will be temporarily suspended until the invoice is paid in full. Suspension is a restriction of access and functionality, not a deletion of data. During suspension, SCALIBIT may, at its discretion, disable control panel and API access, restrict or block website traffic, disable SSH/SFTP/database access, and pause or block outbound and inbound email delivery. Incoming email may be rejected, deferred, or bounced, and no service level commitments (including uptime, delivery, or support SLAs) apply while an account is suspended.

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: suspension means the server is taken offline (inaccessible). Termination and wipe/re-provisioning consequences for these services are governed by Section 34 (Non-Payment Suspension and Termination) and Section 25 / 25.1 / 25.2 (Backups & Data Retention).

Reactivation will occur only after full payment is received and applied to the account (including resolution of any chargeback, reversal, or payment dispute). A reasonable reactivation or processing fee may apply. Bank transfer and other offline payments are subject to receipt and reconciliation times; the account remains suspended until funds are received and posted. SCALIBIT is not responsible for delays caused by payment processors or financial institutions.

Data retained during suspension remains subject to Section 25 / 25.1 / 25.2 (Backups & Data Retention). Backups (if any) are courtesy only and are not guaranteed; restore availability is not guaranteed. Suspension does not stop billing obligations or extend service terms. If payment is still not received by the fifth (5th) day after the due date, the Services may be terminated without further notice pursuant to Section 34 and data may be deleted in accordance with Section 25.2. IP addresses are not reassigned during suspension but may change upon reactivation and may be reassigned to other customers after cancellation/termination.

For clarity, certain third-party dependent services (e.g., domain names and SSL certificates) may expire independently of hosting suspension and may cause service interruption or security warnings unless renewed in time. SCALIBIT is not liable for any data loss, email loss, service interruption, or business impact arising from suspension for non-payment.

32.11 Fraud

It is a violation of this Agreement to misuse or fraudulently use credit cards, payment gateways, electronic funds transfers, electronic checks, cryptocurrency, or any other payment method. 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 Services.

SCALIBIT reserves the right to investigate any suspected fraudulent activity, including chargebacks, identity theft, false account information, or payment abuse. SCALIBIT may immediately suspend, lock, or terminate related accounts and Services pending such investigation, without prior notice.

SCALIBIT further reserves the right to report any misuse, fraudulent use, or attempted fraud (as determined in SCALIBIT’s sole discretion) to governmental authorities, public prosecutors, courts, judicial bodies, law enforcement authorities, financial institutions, payment processors, credit reporting services, and/or card networks. Information relevant to the fraudulent activity may be shared with such entities as permitted by law.

All confirmed or reasonably suspected cases of fraud are grounds for permanent account termination, forfeiture of all funds paid, and denial of future services.

32.12 Invoice Disputes

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

32.13 Chargebacks and Disputes

In the event that SCALIBIT is notified of a chargeback, payment reversal, or other payment dispute, the associated account will be immediately placed on hold. This will result in the automatic suspension of all active Services under the account, and may lead to permanent termination if the dispute is not promptly resolved.

To resolve a chargeback or dispute, the customer must provide valid proof of authorization for the payment method used, fully repay any disputed transaction amount(s), and pay a two hundred fifty U.S. dollars (USD $250) administrative penalty fee per disputed transaction. This fee covers the processing, investigation, and administrative costs incurred by SCALIBIT.

Failure to resolve the dispute, provide requested documentation, or repay outstanding balances within seven (7) days will result in permanent termination of all associated Services and accounts. Terminated accounts will remain on hold indefinitely, preventing any new orders or future service activations.

Customers acknowledge and agree that initiating an unjustified chargeback or payment reversal constitutes a breach of this Agreement and may be reported to payment processors, banks, or law enforcement agencies as potential fraud or abuse.

33. REFUND POLICY

33.1 Money-Back Guarantee

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

• This money-back guarantee applies only to fees paid for 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 a thirty (30) day money-back guarantee on all Shared Web Hosting packages — including cPanel Hosting, CWPpro Hosting, and WordPress Hosting — upon written request. Refunds are subject to the terms and conditions set forth in this Agreement.

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

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

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

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

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

33.2 Non-Refundable Products and Services

The following products and services are not eligible for refunds.

• VPS Hosting,

• VDS Hosting,

• Cloud Hosting,

• Cloud Servers,

• Dedicated Cloud Servers,

• Cloud Backup,

• Cloud Compute - Standard Performance,

• Cloud Compute - High Performance,

• Cloud Compute - High Frequency,

• Optimized Cloud Compute - General Purpose,

• Optimized Cloud Compute - CPU Optimized,

• Optimized Cloud Compute - Memory Optimized,

• Optimized Cloud Compute - Storage Optimized,

• Dedicated Servers,

• Bare Metal,

• Software Licenses,

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

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

• SSL Certificates,

• IP Addresses,

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

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

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

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

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

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

34. TERMINATION & CANCELLATION POLICY

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

34.1 Termination by SCALIBIT

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

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

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

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

34.2 Customer-Initiated Cancellation

If the Customer wishes to cancel an active service, they must submit a cancellation request through the SCALIBIT control panel by selecting the relevant service and initiating the cancellation prior to the next renewal date.

The Customer may cancel the service at any time before the renewal date. If a cancellation request is not submitted before the renewal date, the service will be automatically renewed, and related charges will apply.

Unless a cancellation request is submitted, the service will be renewed and an invoice will be generated accordingly. The Customer remains fully responsible for the payment of the renewal invoice.

34.3 Non-Payment Suspension and Termination (Overdue Accounts)

If an invoice remains unpaid three (3) days after the due date, the related Services will be temporarily suspended until the invoice is paid in full. If payment is still not received by the fifth (5th) day after the due date, the Services may be terminated without further notice pursuant to this Section and Section 32.10.

Suspension restricts access and functionality but does not itself delete data. During suspension, SCALIBIT may, at its discretion, disable control panel and API access, restrict or block website traffic, disable SSH/SFTP/database access, and pause or block inbound/outbound email delivery. No service level commitments (including uptime, delivery, or support SLAs) apply while an account is suspended.

Upon termination, all user content, websites, and data may be permanently deleted and will no longer be accessible, consistent with Section 25 / 25.1 / 25.2 (Backups & Data Retention). Backups (if any) are courtesy only and not guaranteed; restore availability is not guaranteed. If a backup is missing, corrupted, incomplete, encrypted, or otherwise unusable, no restore will be possible. IP addresses (IPv4/IPv6) may be reassigned to other customers after cancellation/termination. Reactivation is not guaranteed; where restoration or re-provisioning is possible, additional fees may apply and new IP addressing may be assigned.

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): during suspension, the server is taken offline and becomes inaccessible. Upon termination, the server may be wiped or re-provisioned, and all data stored on the instance and any attached or mounted storage is permanently deleted and cannot be recovered.

These services do not include any backup or restore functionality. Data restores are available only (if applicable) for Shared Web Hosting (cPanel Hosting, CWPpro Hosting, and WordPress Hosting) accounts and only when a usable courtesy backup exists. Such restores are not guaranteed and may incur additional fees.

Bank transfers and other offline payments are subject to receipt and reconciliation times; Services remain suspended until funds are received and posted. SCALIBIT is not responsible for delays caused by payment processors or financial institutions. Billing obligations are not paused during suspension and do not extend the service term. Prepaid fees are non-refundable unless expressly stated otherwise in this Agreement.

For clarity, certain third-party dependent services (e.g., domain names and SSL certificates) may expire independently of hosting suspension and may cause service interruption or security warnings unless renewed in time. SCALIBIT shall not be liable for any data loss, email loss, service interruption, or business impact arising from suspension or termination for non-payment, to the maximum extent permitted by law.

34.4 Termination Without Cause and Customer Data Handling

34.4.1 Termination Without Cause

SCALIBIT may, in its sole discretion, terminate or discontinue any Service or Subscription at any time and for any reason, including without limitation, termination without cause. In such event, SCALIBIT will provide You with thirty (30) days’ advance written notice prior to the effective date of termination. Upon such termination, You shall be responsible for securing a replacement service provider and migrating all data, content, and configurations before the effective termination date.

34.4.2 Termination for Cause

If SCALIBIT terminates Your Service or Subscription due to a material breach of these Terms, including but not limited to violations of the Acceptable Use Policy (AUP), Anti-Spam Policy, or applicable law, all prepaid fees shall be forfeited and non-refundable. Termination for cause may occur immediately and without prior notice.

34.4.3 Early Termination and Fees

If a Service is cancelled or terminated before the end of its current billing cycle, SCALIBIT reserves the right to impose an early termination fee to cover administrative and operational costs incurred as a result of the early termination.

SCALIBIT shall not refund any prepaid amounts in the event of early termination by the Customer. The early termination fee is charged to cover administrative and operational costs and is non-refundable.

34.4.4 Customer Data Handling and Archival

Upon termination, SCALIBIT may, but is under no obligation to, maintain copies of Your data or records for archival purposes. All data retention, deletion, and backup procedures shall follow SCALIBIT’s Backup and Data Retention Policy (Section 25). SCALIBIT shall not be liable for any data loss or inaccessibility following termination.

34.4.5 No Liability for Termination

SCALIBIT shall not be liable to You or any third party for any suspension or termination of the Services, including for any resulting loss of data, revenue, or business opportunities.

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 provisions, disclaimers, indemnification, and limitation of liability.

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.

For additional details on backup scope and policies, please refer to Section 25 — Backups and Data Loss (Backup & Data Retention Policy).

36. CHANGES TO SCALIBIT'S NETWORK

SCALIBIT continually enhances and maintains its network infrastructure to ensure performance, security, and reliability. Upgrades or other 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 of 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.

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

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

38. REQUESTS FOR CUSTOMER INFORMATION

SCALIBIT cooperates with local, state, and federal law enforcement and regulatory authorities of the United States, as well as with competent national and international authorities — including but not limited to Cybercrime Units, Police, Prosecutors, and Courts — to the extent permitted and required by applicable local, state, federal, foreign, and international laws and regulations, including the laws of the countries where SCALIBIT’s servers, data centers, and infrastructure are physically located. Such cooperation is conducted in full compliance with data protection and privacy laws and may include the exchange of customer account or service-related information, or technical/infrastructure details necessary for the prevention, detection, or investigation of cybercrime, fraud, or abuse. In certain cases, technical coordination with SCALIBIT’s data center partners may be required to fulfill lawful requests. All such disclosures are made strictly upon receipt of an official, lawful, and verifiable request and are limited to the minimum scope necessary to comply with applicable legal, regulatory, or judicial obligations.

SCALIBIT processes all legal requests in full compliance with applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), U.S. State Privacy Laws, and Türkiye’s Kişisel Verilerin Korunması Kanunu (KVKK), to the extent these laws apply to the specific request.

SCALIBIT processes requests for user information in accordance with applicable laws, including the Electronic Communications Privacy Act (ECPA), 18 U.S.C. §2701 et seq., and other relevant U.S. federal and international legal frameworks. Under ECPA, SCALIBIT may only disclose customer information to law enforcement in response to valid legal processes such as subpoenas, court orders, or search warrants.

SCALIBIT verifies the authenticity, scope, and legal basis of each request prior to disclosure and maintains detailed internal audit records of all cooperation actions to ensure full transparency and accountability. All disclosures are limited to the minimum scope necessary to comply with applicable legal, regulatory, or judicial obligations.

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

SCALIBIT may cooperate with and provide necessary information to competent public authorities and law enforcement agencies — including but not limited to Police, Prosecutors, District Attorneys, Courts, and Cybercrime Units — when required by applicable laws, court orders, or official investigation processes. Such cooperation may include providing limited customer information such as identification data, account or payment records, service details, or basic system configuration information (for example, Virtual Machine or Dedicated Server setup data). This may also include IP address allocation records related to customer IP assignments provisioned through SCALIBIT or its data center partners, as governed by TOS §§14.3.1–14.3.2. All such disclosures are made strictly upon receipt of an official, lawful, and verifiable request and are limited to the minimum scope necessary to comply with applicable legal, regulatory, or judicial obligations.

SCALIBIT does not maintain or store customer administrative credentials, encryption keys, or full data backups except where technically necessary or legally required. 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.

In cases involving cybercrime, fraud, abuse, or illegal network activity, SCALIBIT may immediately suspend or terminate affected services, including IP announcements or leased subnets, without refund. SCALIBIT also reserves the right to null-route or withdraw BGP routes associated with Customer-owned or SCALIBIT-owned IP space if necessary to comply with legal orders, mitigate abuse, or maintain network integrity.

Customers who provide services to their own end users or resellers are responsible for ensuring that those users comply with SCALIBIT’s Acceptable Use Policy (AUP) and this Agreement. In the event of a legal request, abuse report, or investigation involving either a Customer or the Customer’s end users, SCALIBIT may cooperate directly with competent authorities and disclose relevant information pertaining to the Customer’s account, service usage, and related administrative data as required by law. The Customer agrees to fully cooperate with SCALIBIT in such cases to facilitate lawful compliance and mitigation.

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 procedures, data-handling limitations, and international cooperation standards, please refer to SCALIBIT’s Law Enforcement and Legal Requests for Customer Data policy, which forms an integral part of these Terms of Service.

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 any applicable federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. 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. We specifically disclaim 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 law.

Customers requiring secure storage or processing of “Protected Health Information” (PHI) as defined under HIPAA are expressly prohibited from using the Services for such purposes. Any storage or transmission of PHI constitutes a material violation of this Agreement and may result in immediate account suspension or termination.

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

42. INDEMNIFICATION