Copyright Policy (DMCA)

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

Copyright Infringement Policy (DMCA & Global Takedown Procedure)

This Copyright Infringement Policy (DMCA & Global Takedown Procedure) forms an integral part of SCALIBIT’s Terms of Service (ToS) and Acceptable Use Policy (AUP), and is incorporated herein by reference.

SCALIBIT (“we,” “us,” “our”) respects the intellectual property rights of others and expects its Customers to do the same. SCALIBIT operates solely as a neutral provider of leased and unmanaged infrastructure, dedicated servers, and cloud-based computing services, including specialized GPU servers. SCALIBIT does not access, monitor, control, or administratively manage any Customer-hosted content, data, applications, or systems, and does not possess, retain, or have routine administrative access to Customer environments.

SCALIBIT does not provide managed services, application management, content hosting services, monitoring services, or ongoing system administration, and does not act as a systems operator or application service provider.

Any access, if ever provided, is performed solely in response to a specific technical support request initiated by the Customer, and is strictly exceptional, temporary, and limited in scope. Such access is initiated solely at the explicit request of the Customer (and only where the Customer voluntarily provides temporary credentials or access information, such as root, SSH, or console access, for this limited purpose), and solely for narrowly scoped technical support purposes limited to operating system–level configuration or the diagnosis and resolution of infrastructure, connectivity, or network-related issues. Such access does not include the review, modification, processing, or handling of Customer content, databases, application data, or personal data, and does not confer any operational control, ongoing administrative authority, or create any agency, fiduciary, joint-controller, or service-operator relationship.

All content and software configurations are generated, managed, and controlled exclusively by the Customer, who acts as the independent data controller for any personal data processed within their environments. All operational control and legal responsibility remain exclusively with the Customer.

1. NEUTRAL INFRASTRUCTURE AND SAFE HARBOR STATEMENT

DMCA Safe Harbor Statement: SCALIBIT.COM qualifies as a Service Provider under 17 U.S.C. § 512. SCALIBIT does not access, monitor, or control any Customer-hosted content, data, traffic, or server activity. All valid DMCA notices are processed in strict compliance with U.S. Copyright Law and international safe-harbor provisions.

SCALIBIT, LLC operates solely as a neutral provider of leased and unmanaged infrastructure, offering Dedicated Servers, Cloud Compute services, and specialized GPU Server solutions. All IP addresses and technical resources are assigned to Customers for their exclusive use and operational control. SCALIBIT does not retain records regarding third-party end-users who may access the Services via the Customer; SCALIBIT’s records are strictly limited to IP address assignment logs (identifying the Customer to whom an IP address was allocated) and basic account metadata. The Customer remains solely and fully responsible for all activities conducted through their assigned services, servers, and network resources.

All services and servers, together with any IP address(es) assigned thereto, are leased, utilized, and managed exclusively by Customers. All legal, regulatory, contractual, and content-related responsibilities arising from the use, administration, and management of such services, servers, and assigned IP address(es) rest solely with the Customer.

SCALIBIT does not control, operate, administer, or supervise any Customer-leased services or servers, and does not review, monitor, curate, modify, or regulate any content hosted, stored, processed, or transmitted within such services. All administrative authority and operational control remain exclusively with the Customer.

SCALIBIT does not act as a content publisher, content creator, editorial authority, or data controller with respect to any Customer-hosted content. Any copyright liability, content legality, licensing compliance, or third-party rights clearance remains solely the responsibility of the Customer leasing, using, managing, and exercising full operational control over the relevant services or servers.

Customer data, applications, files, and content are deployed, stored, and maintained solely within services, servers, and environments leased, utilized, managed, and controlled by the Customer. SCALIBIT does not perform content moderation, payload inspection, application-level traffic analysis, or ongoing monitoring of Customer activity.

This Policy is based on the U.S. Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) and equivalent safe-harbor and intermediary-liability frameworks applicable to hosting and infrastructure service providers under applicable international laws, including the EU Digital Services Act (DSA), the UK Online Safety Act, and similar regimes.

This Policy applies to all SCALIBIT services and infrastructure-based offerings provided by SCALIBIT, including Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), 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), and GPU Servers & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

If you (“Complainant”) believe that your copyrighted work has been copied, distributed, or made available by a SCALIBIT Customer in a manner that constitutes copyright infringement, you may submit a written notice to SCALIBIT’s Designated Agent as outlined below. This procedure exists solely for notifying SCALIBIT of alleged copyright infringement.

2. PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT

Pursuant to 17 U.S.C. § 512 and other applicable copyright laws, SCALIBIT has implemented procedures for receiving and processing valid DMCA notices. To be considered valid, a notice must include all of the following:

• Authorized Signature. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

• Work Identification. Identification of the copyrighted work(s) claimed to have been infringed.

• Material Location. Identification of the allegedly infringing material, including URLs, IP addresses, port numbers, timestamps, or other sufficient location details.

• Contact Information. The complainant’s full name, address, telephone number, and email address.

• Good-Faith Statement. A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.

• Accuracy Statement. A statement, made under penalty of perjury, that the information is accurate and that the complainant is authorized to act on behalf of the owner.

Official DMCA Agent (Registered in U.S. Copyright Office):
Service Provider: SCALIBIT.COM
Email for DMCA Notices: copyrightclaims@scalibit.com
For General Legal Inquiries: dmca@scalibit.com

Submission of a DMCA notice does not guarantee removal of the referenced content. SCALIBIT will evaluate all notices for legal sufficiency and process valid requests in accordance with applicable law.

Please include “DMCA Notice” or “Copyright Claim” in the subject line. Unrelated or incomplete submissions may be disregarded.

3. NOTICE-AND-TAKEDOWN PROCEDURE AND ENFORCEMENT

SCALIBIT’s role is strictly limited to acting as a notice-forwarding intermediary. Upon receipt of a valid and substantially compliant notice, SCALIBIT forwards the notice to the affected Customer for investigation and remediation. SCALIBIT does not have access to, nor does it review, inspect, modify, or remove any content hosted within Customer-managed systems. However, if the Customer fails to respond, fails to remediate the reported issue within the applicable remediation period, or fails to submit a valid counter-notification, SCALIBIT may, in order to comply with applicable law and maintain safe-harbor protections, implement mandatory service-level enforcement measures, including the suspension or permanent termination of the affected service or server.

• Relay to Customer. SCALIBIT will forward the notice to the affected Customer and notify the reporting party that the notice has been relayed.

• Technical Access and Infrastructure Neutrality. SCALIBIT provides technical infrastructure and unmanaged server resources only. The allegedly infringing content resides on a server exclusively operated and controlled by the Customer. SCALIBIT does not possess, retain, or have routine access to any Customer login credentials (including SSH, FTP, SFTP, RDP, database access, encryption keys, or root passwords) and is therefore not designed or technically able in the ordinary course of business to access, review, modify, or delete any specific files or content within the Customer’s system.

  Any access, if ever provided, occurs solely in response to a separate and explicit technical support request initiated by the Customer, and only where the Customer voluntarily provides temporary credentials or access information for this limited purpose. Such access is strictly exceptional, temporary, and limited to operating system–level configuration or the diagnosis and resolution of infrastructure, connectivity, or network-related issues.

  Such access does not include the review, modification, processing, or handling of Customer content, databases, application data, or personal data, and does not confer any operational control, ongoing administrative authority, or create any agency, fiduciary, or joint-controller relationship regarding the Customer’s systems or data. All administrative authority and operational control remain solely with the Customer.

• Remediation Window. The Customer is solely responsible for investigating the claim and remediating the infringing material within forty-eight (48) hours of receiving notice, unless a shorter timeframe is required by law.

• Mandatory Enforcement Action. If the Customer fails to respond, fails to file a valid counter-notice, or fails to take appropriate corrective action within the 48-hour window, SCALIBIT may implement service-level enforcement measures, at its sole discretion. This includes the immediate suspension of the service. If the Customer remains non-responsive, SCALIBIT reserves the right to permanently terminate the service, which may result in the deletion of all server content, data, and the operating system (formatting), without refund, subject to applicable law and mandatory consumer protection rules.

SCALIBIT does not determine copyright ownership, infringement validity, fair use, or licensing status. Any such determination is strictly between the Customer and the rights-holder.

All content hosted, stored, or transmitted through SCALIBIT Services is the sole legal and operational responsibility of the Customer. SCALIBIT assumes no liability whatsoever for such content.

SCALIBIT acts in full compliance with the notice-and-takedown provisions of 17 U.S.C. § 512(c) (DMCA) and equivalent safe-harbor regimes under international law.

4. GLOBAL COPYRIGHT COMPLIANCE AND INTERNATIONAL TAKEDOWN PROCEDURE

Service Provider Status and Neutrality. Regardless of the Complainant’s location, SCALIBIT operates solely as a neutral provider of leased and unmanaged infrastructure, dedicated servers, and cloud-based computing services, including specialized GPU servers. SCALIBIT does not access, monitor, moderate, control, or otherwise interfere with any content, data, or traffic hosted by its Customers. SCALIBIT qualifies for intermediary liability exemptions applicable to “mere conduit”, “caching”, and “hosting services” as defined under the EU Digital Services Act (DSA), the UK Online Safety Act, and similar international legal frameworks. As SCALIBIT provides only unmanaged infrastructure, all legal and operational responsibility for hosted content, applications, and activities lies solely and exclusively with the Customer.

International Notice Requirements. To ensure global consistency and network stability, SCALIBIT applies a uniform standard for processing international copyright claims. All notices originating outside the U.S. (including the EU, the UK, Canada, and Australia) must be submitted in English to copyrightclaims@scalibit.com and must meet the substantive evidentiary requirements equivalent to 17 U.S.C. § 512.

Required Documentation for Global Reports. To be actionable, an international notice must include: (1) Precise identification of the copyrighted work; (2) Exact location of the alleged infringement (IP addresses with timestamps or URLs); (3) Proof of authorization to act on behalf of the rights-holder; (4) Full contact details of the Complainant; and (5) A clear statement that the information provided is accurate. Incomplete, anonymous, or bad-faith notices will not be processed to maintain the neutrality of our infrastructure.

International Takedown Protocol. Upon receipt of a valid international notice, SCALIBIT acts as a notice-forwarding intermediary and relays the claim to the Customer for remediation. As SCALIBIT provides unmanaged infrastructure, it does not possess administrative access to Customer servers (SSH, RDP, etc.) and is therefore technically incapable of accessing, modifying, or deleting specific files or content within the Customer’s environment.

If the Customer fails to resolve a verified infringement or remains non-responsive within the applicable remediation timeframe, SCALIBIT will implement service-level or network-level measures. This includes immediate suspension (including network-level measures such as null-routing) or, in cases of persistent non-compliance, permanent service termination, which results in the complete deletion of all server content and the operating system (formatting) in accordance with the laws of the jurisdiction where the infrastructure is physically located.

5. SUBMITTING A COUNTER-NOTIFICATION

Pursuant to 17 U.S.C. § 512(g), a counter-notification must be submitted by the Customer to copyrightclaims@scalibit.com and must include all of the following:

• Signature. The Customer’s physical or electronic signature.

• Identification. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or disabled.

• Penalty of Perjury Statement. A statement under penalty of perjury that the Customer has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.

• Consent to Jurisdiction. The Customer’s name, address, and telephone number, and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which SCALIBIT is located (or, if the Customer is located outside of the United States, for any judicial district in which SCALIBIT may be found), and that the Customer will accept service of process from the original complainant or their authorized agent.

SCALIBIT will forward any valid counter-notification to the original complaining party in accordance with applicable law.

6. TERMINATION OF REPEAT INFRINGERS

SCALIBIT has adopted and reasonably implements a policy for the termination, in appropriate circumstances and at its sole discretion, of Customers who are determined to be repeat infringers.

Customers who receive multiple verified copyright infringement notices, engage in systematic abuse of the DMCA process, or repeatedly violate this Policy may have their Services suspended or permanently terminated, and their Accounts closed, without prior notice, subject to applicable law.

SCALIBIT reserves the right to determine what constitutes a "repeat infringer" based on the totality of circumstances, including the frequency, severity, and credibility of infringement notices received.

Any person who knowingly submits materially false, misleading, or fraudulent copyright infringement notices or counter-notifications may be subject to civil liability under applicable law, including 17 U.S.C. § 512(f), and may have their account permanently terminated.

Nothing in this Policy constitutes legal advice, nor shall any failure or delay by SCALIBIT in enforcing any provision be deemed a waiver of its rights.

SCALIBIT reserves the right to modify or update this Policy at any time to reflect changes in applicable law, regulatory requirements, or operational practices. Updates become effective upon publication on this page.