Terms of Service

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

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 Agreement (“Agreement”) is made between SCALIBIT.COM, including its subsidiaries, affiliated companies, and controlled entities (hereinafter collectively referred to as “SCALIBIT”), and any individual or legal entity that creates an account, places an order, or uses the Services (hereinafter referred to as “Customer”, “You”, or “Your”). SCALIBIT and Customer may be referred to individually as a “Party” and collectively as the “Parties”. By accessing or using the Services, You acknowledge that You have the full legal capacity and authority to enter into this binding Agreement with SCALIBIT.

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

SCALIBIT does not create, upload, modify, operate, administer, control, monitor, moderate, or assume any editorial responsibility over any Customer systems, applications, data, or content. All software, services, data, configurations, and workloads deployed within the Services are installed, managed, and controlled exclusively by the Customer, who bears sole legal and operational responsibility for their use.

This Agreement governs your access to and use of all SCALIBIT Services listed on our websites, including https://scalibit.com, its affiliated domains, and any current or future websites, subdomains, or service portals operated by SCALIBIT. 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. Continued use of the Services constitutes renewed acceptance of any future modifications. Ignorance of these Terms or any failure to review updates does not exempt you from compliance.

This Agreement sets forth the terms and conditions governing your use of our systems, software, platforms, APIs, and the purchase and/or use of products and services acquired through SCALIBIT directly or through our partners and affiliates (collectively, "Services"). Nothing in this Agreement grants you, or is intended to grant you, any property ownership interest in any infrastructure, hardware, software, IP addresses, or related systems. All access rights are non-exclusive, non-transferable licenses to operate Services controlled by SCALIBIT or its providers. SCALIBIT reserves the right to modify or renumber IP addresses assigned to You at its sole discretion for technical or administrative reasons.

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, you signify your agreement to these terms. You are strictly and solely responsible for the actions and activities of all users operating under your account — including employees, contractors, sub-customers, end users, and third parties — regardless of whether such actions were authorized by you or whether you were aware of such activities. A compromise of your account credentials does not alleviate your liability under this Agreement.

You may use SCALIBIT’s websites or Services — including but not limited to 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 or Bare Metal), GPU Servers (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments), and all ancillary and related services including IP Address Services — solely for lawful purposes and in full compliance with all applicable laws. This includes the laws, regulations, and treaties of: (1) The United States, (2) The country/region where the Customer is located, (3) The jurisdictions where SCALIBIT infrastructure, data centers, upstream providers, or network equipment are located.

Any unlawful use of the Services — including the hosting or distribution of illegal content; transmission of malicious or harmful traffic; engagement in fraudulent, abusive, or criminal activity; or any other violation of applicable law — is strictly prohibited. Customer responsibility applies whether or not the customer created the content, initiated the traffic, or had knowledge of the activity. SCALIBIT is not required to prove intent, origin, or negligence to take enforcement action.

Upon detection, complaint, upstream escalation, or reasonable suspicion of illegal use, abuse, network interference, or prohibited content, SCALIBIT may immediately suspend or terminate your account and Services, with or without notice, and without refund. SCALIBIT is under no obligation to: • notify you prior to or after taking action, • supply evidence, logs, or investigative details to you, • restore access to data or systems following suspension or termination.

SCALIBIT bears no liability for termination, suspension, or service interruption based on suspected or actual violations, nor for any resulting data loss, downtime, business interruption, reputational harm, or consequential damages. No suspension or termination under this Agreement entitles you to any refund, credit, chargeback, or financial compensation of any kind. In the event of a chargeback or payment dispute following such termination, SCALIBIT reserves the right to pursue legal action for recovery and damages.

SCALIBIT may cooperate, as required or permitted by law, with law enforcement agencies, prosecutors, regulators, courts, and upstream providers in connection with any investigation or proceeding. SCALIBIT is not obligated to notify the Customer of such cooperation.

You may not access or use SCALIBIT Services — directly or indirectly, through your own systems or through end-users — for any unlawful, abusive, unauthorized, or harmful purpose. Failure to comply will result in enforcement actions which may include service termination, data removal, access restriction, blackholing, firewall blocking, or legal escalation without prior notice.

The following general policies apply to all our Services:

• Terms of Service (TOS)
• Acceptable Use Policy (AUP)
• AI & GPU Server Usage Policy
• Refund Policy
• Anti-Fraud Disclaimer
• Anti-Spam Policy
• Copyright Policy (DMCA)
• Digital Services Act (DSA) Compliance
• Report Abuse Policy
• Privacy Notice
• California Privacy Notice (CCPA)
• US States Privacy Notice
• GDPR Privacy Notice (EEA)
• Data Processing Agreement (DPA)
• Cookies Policy

All of the foregoing policies are hereby incorporated by reference into this Agreement and form an integral and binding part of the Terms of Service.

Applicability. The Acceptable Use Policy applies to all SCALIBIT Services — including but not limited to 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), GPU Servers (GPU Cloud Instances, Dedicated GPU Servers, AI/HPC Clusters), as well as ancillary and related services such as 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:

• Virtual Machines: VPS, VDS
• Cloud Services: Cloud Servers, Dedicated Cloud Servers
• 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
• GPU Servers: GPU Cloud Instances, Dedicated GPU Servers, AI/HPC Clusters, and other AI-driven workloads
• IP Address Services: Assignment, routing, management, direct leasing of IPv4/IPv6 ranges
• Ancillary Add-ons and Beta Services: Additional, optional, or preview offerings linked to active Services

The use of SCALIBIT Services for artificial intelligence (AI), machine learning (ML), GPU hosting, automated decision-making systems, or other specialized compute workloads is additionally governed by the AI & GPU Server Usage Policy.

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 Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, GPU Servers, 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 and VDS.

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

“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.

“GPU Servers” means any SCALIBIT product or service specifically designed for GPU-accelerated, AI-driven, or high-compute workloads, including: GPU Cloud Instances (virtualized or passthrough GPU VPS/VDS), Dedicated GPU Servers (dedicate/bare metal NVIDIA or AMD GPU servers), Multi-GPU AI Training Clusters (NVLink, A100, H100, MI300 or similar architectures), High-Compute HPC Nodes (advanced parallel processing environments), and AI-Oriented Bare Metal Deployments (LLM training, inference, and model serving).

“IP Address Services” means the assignment, routing, and management of IPv4 and IPv6 addresses provided in connection with SCALIBIT Services (including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers), as well as the direct leasing of dedicated IP address blocks where applicable. Customer acknowledges that SCALIBIT’s ability to provide these services is subject to the availability and policies of regional Internet registries (e.g., ARIN, RIPE) and upstream providers.

“AI Services” means any SCALIBIT offering that involves the use, deployment, or hosting of artificial intelligence (AI), machine learning (ML), deep learning, LLM training or inference, GPU-accelerated compute, automated decision-making systems, model orchestration, or any other computationally intensive or specialized workload — whether virtualized, dedicated/bare metal, or hybrid — including, without limitation: GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training & Inference Environments, High-Compute HPC Nodes, AI Compute Clusters, Model Deployment Hosting, and other AI-oriented Bare Metal Deployments. Such services are subject to evolving compliance controls, including export control laws, AML/KYC verification, Responsible AI Use requirements, and applicable regional AI governance frameworks (e.g. EU AI Act, U.S. AI Executive Orders, UK AI Safety Regulations) as updated from time to time.

AI Services are subject to additional controls, including (but not limited to) the AI & GPU Server Usage Policy, U.S. Export and Sanctions Regulations, AML/KYC verification, Responsible AI Use requirements, and any applicable regional AI regulations (including EU AI Act, UK AI Safety standards, and U.S. Executive Orders).

“Infrastructure Provider” means that SCALIBIT operates as a technical infrastructure provider offering servers, virtualization, networking, GPU-accelerated systems, and related platform resources. SCALIBIT does not manage, monitor, inspect, or access Customer data, AI models, training datasets, or inference tasks unless explicitly requested by the Customer for support purposes or as required by law. Customer retains sole administrative control over their own environments and is strictly responsible for all content, configurations, and computational activities. Except where technically necessary for automated provisioning or specific support interactions initiated by the Customer, SCALIBIT does not store or have access to Customer passwords, SSH keys, or login credentials. SCALIBIT cannot remotely access Customer systems without such credentials being provided or permitted by the Customer. Optional security features, such as Two-Factor Authentication (2FA), are provided as self-managed tools, and their activation and management are under the Customer’s exclusive control. SCALIBIT is not responsible for data loss or service lockout resulting from lost credentials or misconfigured security settings.

SCALIBIT provides technical infrastructure services across multiple layers, including virtualized cloud platforms, GPU-enabled compute environments, and physically dedicated servers or bare metal servers, utilizing upstream data center facilities and network providers. While SCALIBIT manages the compute, hardware, and platform infrastructure layers, it does not operate or control the underlying physical network layer or IP address space of the upstream providers. Accordingly, certain network-level actions — such as null-routing, IP reassignments, or rDNS updates — are subject to upstream providers' policies, response times, and technical limitations. SCALIBIT disclaims any liability for delays or denials of service caused by upstream infrastructure or network providers.

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

“AI & GPU Server Usage Policy” means the policy governing the lawful, compliant, and ethical use of AI, GPU acceleration, machine learning, deep learning, crypto-related compute workloads, automated decisioning, or any specialized compute activities hosted on SCALIBIT infrastructure. This policy forms an integral part of this Agreement and applies to all Services where such workloads are deployed, including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers. The policy is available at: https://scalibit.com/legal/ai-gpu-server-policy.

1. ELIGIBILITY & AUTHORITY

Before using SCALIBIT’s Websites or Services (as defined in Section Scope and Applicability), you must ensure that your use complies with all applicable local, state, and federal laws of the United States, as well as all foreign, national, and international laws, rules, and regulations in the jurisdictions where you access or use the Services, including (where applicable) the laws of the countries where the servers, data centers, or upstream infrastructure providers utilized by SCALIBIT to deliver its Services are physically located. This includes, without limitation, U.S. Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) sanctions, data protection and privacy laws, AI regulatory frameworks, and any applicable restrictions on specialized compute, machine learning, or GPU-accelerated workloads. 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. SCALIBIT does not provide Services to individuals or entities located in sanctioned or embargoed countries. You are solely responsible for making these determinations before using the Websites or Services, and SCALIBIT does not provide legal advice or compliance assessments.

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 Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, GPU Servers, and IP Address Services), you must register for an account (“Account”). During registration, you may be required to provide accurate, current, and complete information, including your legal name, physical address, email address, and a valid form of payment. The collection, use, and disclosure of such information are governed by SCALIBIT’s Privacy Notice and by the terms of its Data Processing Agreement (DPA).

SCALIBIT relies on the accuracy of the information provided by the Customer for account verification, billing, and abuse mitigation. SCALIBIT reserves the right, but is not obligated, to request official identification documents (KYC) or other verification materials at any time to prevent fraud, ensure legal compliance, or respond to lawful identification requests. Failure to provide requested documentation within the specified timeframe may result in immediate account suspension or termination without refund.

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. We may deactivate, terminate, restrict, or delete any Account or access to the Websites and Services at any time, with or without prior notice, for any reason or no reason, at our sole discretion, to the maximum extent permitted by applicable law.

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 and strictly responsible for all obligations under this Agreement and any related agreements entered into through your Account, including all payment and indemnification 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 are solely responsible for all activity that occurs under your Account, whether or not authorized by you, including actions taken by employees, contractors, or unauthorized third parties who gain access to your credentials.

2. TERM OF AGREEMENT; MODIFICATION

You agree that SCALIBIT may, at its sole and absolute discretion, modify, update, or supplement this Agreement or any aspect of the Services (including pricing, features, and specifications) from time to time. Such modifications become effective immediately upon posting to SCALIBIT’s official Websites or within the Customer Portal. It is Your sole responsibility to periodically review the Websites for the most current version of this Agreement. Your continued use of the Websites or Services after such modifications constitutes Your express and binding acceptance of the revised Agreement. If You do not agree to any modification, Your sole and exclusive remedy is to terminate Your use of the Services in accordance with the termination provisions herein.

This Agreement incorporates by reference all additional policies made available in the SCALIBIT Legal Center, including but not limited to the Acceptable Use Policy (AUP), Privacy Notice, Data Processing Agreement (DPA), AI & GPU Server Usage Policy, and any other policy or guideline published at https://scalibit.com/legal. By using the Services, you agree to comply with all such policies as they may be updated from time to time.

If you have purchased any Services from SCALIBIT (including but not limited to Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, GPU Servers, 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 or have an active Account. SCALIBIT may source its physical or virtual infrastructure from multiple third-party data centers worldwide. In such cases, the underlying hardware, network, or IP connectivity may be operated by the respective upstream data center or network provider, and SCALIBIT’s role remains limited to the provisioning, allocation, and management of the Services, as described in the Infrastructure Provider section of this Agreement. SCALIBIT reserves the right to migrate Your Services to different hardware, data centers, or network providers as necessary for maintenance, upgrades, or operational requirements.

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 explicit written confirmation that your order has been accepted and provisioned. 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. SCALIBIT shall not be liable for any delays in provisioning resulting from pending verification or infrastructure availability.

For security, anti-fraud, or regulatory compliance purposes, SCALIBIT reserves the right to request identity verification before accepting any new order. Verification will be required when an order 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). Failure to pass verification to SCALIBIT’s satisfaction will result in order cancellation. All documents provided will be processed and retained in accordance with our Privacy Notice.

For certain orders involving AI, GPU, or other specialized compute workloads — including but not limited to GPU clustering, AI model training or fine-tuning, large-scale machine learning pipelines, automated decisioning systems, or large language model (LLM) hosting — SCALIBIT may require additional review and information prior to accepting or provisioning the order. This enhanced screening may involve completion of a dedicated AI Hosting Application (available at https://scalibit.com/ai-hosting-application) and, where applicable, a separate AI KYC / Enhanced Due Diligence (EDD) Verification Form, as specified in the AI & GPU Server Usage Policy.

Important Exclusion: Cryptocurrency mining, blockchain validation, hash-rate resale, GPU/CPU crypto-compute, staking node hosting, or any crypto-related computation is strictly prohibited on all SCALIBIT Services — including AI, GPU & GPU Server environments — and is not eligible for review, approval, or provisioning under any circumstance. Such activity is expressly banned and cannot be approved even under Enhanced Due Diligence.

SCALIBIT reserves the right to decline, suspend, or terminate — without refund — any account, service, or deployment found to be engaged in crypto-related compute workloads, or where such activity is reasonably suspected. Customer shall be liable for any direct and documented damages, including excessive hardware wear, abnormal power consumption, or upstream penalties, resulting from unauthorized crypto-related activities.

As part of this review, SCALIBIT may request additional technical and business details about your intended AI- or GPU-related workloads — including (where applicable) intended use cases, data sources and categories, model types, training objectives, deployment architecture, end-user jurisdictions, and relevant regulatory considerations. SCALIBIT may also request clarification regarding potential dual-use risks (e.g., biometric analysis, surveillance systems, model fine-tuning for sensitive sectors, or applications with geopolitical or sanctions-related implications).

Orders may be declined, delayed, or limited if SCALIBIT determines, in its sole discretion, that the proposed usage poses unacceptable legal, regulatory, export control, sanctions, ethical, or infrastructure risk, or if it conflicts with the AI & GPU Server Usage Policy or the Acceptable Use Policy.

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

In addition to the foregoing, SCALIBIT may, at its sole discretion, restrict, limit, or decline direct sales to residents, individuals, or institutions (including companies, legal entities, organizations, public or private institutions) located in certain jurisdictions, even if such jurisdictions are not subject to international sanctions, where local regulatory, tax, licensing, export control, or compliance requirements would impose disproportionate legal, operational, or administrative obligations on SCALIBIT.

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:

• where the ordered server, configuration, or hardware specifications are temporarily out of stock or unavailable;

• where the specific data center location or upstream infrastructure provider requested is not available at the time of order;

• where a replacement configuration or server model has been offered but not accepted by you;

• where we are unable to verify your payment, identity, or compliance with our Anti-Fraud Policy;

• where your intended use of the Services involves AI, GPU, or other specialized compute workloads that, in our reasonable opinion, breach or are likely to breach the AI & GPU Server Usage Policy or applicable export control, sanctions, data protection, or AI regulatory frameworks;

• or where providing the service would otherwise 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. SCALIBIT is not responsible for any delays or order cancellations resulting from Your failure to complete the verification process.

• 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. Failure to maintain an active and monitored email address may result in missed critical alerts and potential service termination.

• 4.1.4 You hereby grant SCALIBIT the right to disclose Account Information to third parties, strictly in accordance with our Privacy Notice and Data Processing Agreement (DPA), and solely for purposes of fraud prevention, regulatory compliance, legal obligations, 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. Any payments received for such denied accounts will be refunded through the same payment method originally used (minus any applicable transaction fees if the cancellation resulted from fraudulent information).

• 4.1.6 SCALIBIT may suspend or disable any existing account, and where permitted by applicable law, 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.

• 4.1.7 For Services involving AI, GPU acceleration, specialized compute, machine learning training, model deployment, or automated decision-making systems, SCALIBIT may require additional account-level verification (Enhanced Due Diligence) including business justification, intended use case, export control status, and compliance screening to ensure compliance with applicable AI governance frameworks, sanctions rules, export restrictions, and ethical AI requirements.

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. 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, regardless of whether such activity was authorized by you or resulted from a security compromise. You must keep your Account credentials secure — including, without limitation, your username, support PIN code, password, API key, 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 obligated to recover lost data or restore system configurations resulting from unauthorized access.

In cases involving AI model hosting, GPU clustering, LLM training, deployment of autonomous AI agents, or specialized automated decision-making workloads, SCALIBIT may require additional security controls — such as multi-factor authentication, API key rotation, signed model provenance details, or usage monitoring — to protect platform integrity. Customers remain fully responsible for configuring and maintaining such safeguards.

SCALIBIT shall not be liable for any loss or damage you incur due to unauthorized access or use of your Account. However, You are strictly liable for any loss, damage, or legal liability suffered by SCALIBIT or third parties caused by unauthorized use of Your Account, including but not limited to network abuse, spamming, or IP blacklisting.

For security, anti-fraud, or regulatory compliance purposes, SCALIBIT reserves the right to request identity verification (KYC) at any time. Verification may also be required when an order appears suspicious or is flagged by our fraud detection systems. Failure to promptly provide requested verification may result in suspension, delay, or cancellation of the order, or termination of your Account and Services.

Specialized compute orders — including those involving AI infrastructure deployments, GPU clusters, or potential dual-use technologies — may be subject to additional validation under applicable sanctions, export control, and AML frameworks. Crypto-mining, blockchain validation, or hash-rate resale activities are strictly prohibited. SCALIBIT reserves the right to decline or terminate any account where such risks are identified.

All Account passwords are managed exclusively by the Customer. SCALIBIT does not have access to, store, or retrieve customer passwords. For enhanced protection, customers may enable Two-Factor Authentication (2FA). You acknowledge that if You enable 2FA and lose access to Your primary authentication device, SCALIBIT may require extensive verification before granting access, and in some cases, recovery may not be possible. SCALIBIT is not liable for any service interruption or data loss resulting from Your loss of access to 2FA credentials.

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 may result in the transfer of personal data across international borders.

By creating an Account, you explicitly consent to such international transfers. These transfers may include the movement of data between SCALIBIT’s global infrastructure locations (United States, Europe, Asia, etc.). All such transfers are carried out in accordance with applicable data protection laws, including GDPR, UK GDPR, CCPA/CPRA, and other relevant U.S. State Privacy Laws. SCALIBIT implements appropriate safeguards — such as Standard Contractual Clauses (SCCs) — where required.

Where customers deploy AI models, training data, or GPU compute resources across multiple global cloud locations, you acknowledge that telemetry, metadata, and technical logs may be transferred across international regions strictly for infrastructure maintenance and delivery purposes. Such transfers remain governed by applicable data protection requirements.

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. Any action performed through the Account Panel or via SCALIBIT APIs using Your credentials is deemed an authorized action by You, and SCALIBIT shall not be liable for any accidental deletions, unintended purchases, or misconfigurations initiated through these interfaces.

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 intellectual property rights, SCALIBIT reserves the right to suspend or reclaim the Account without prior notice.

You agree not to use the Account Panel or APIs to overload, interfere with, or abuse any SCALIBIT systems, infrastructure, or Services. Abuse includes, but is not limited to, excessive API calls, repeated automated actions, brute-force attempts, or any activity that disrupts or degrades the performance of the Customer Portal for other users. Determination of abuse shall be made solely at SCALIBIT’s discretion. Any violation may result in immediate Account suspension, API rate-limiting, 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 trademark claims, impersonation, 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. SCALIBIT is not responsible for any service interruptions or financial losses resulting from missed notifications. You are also exclusively required to perform all necessary security, maintenance, and configuration tasks for your Services — including applying software updates, OS patches, and securing any applications, websites, or data hosted through SCALIBIT. SCALIBIT does not provide managed security services or "patching" for Customer-managed environments unless explicitly stated in a separate service agreement. 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 address and password. You must ensure that your primary contact email remains valid, secure, and accessible at all times, as SCALIBIT sends all official communications — including invoices, payment reminders, suspension notices, service updates, security alerts, and support ticket correspondence — exclusively to the registered email address.

If you wish to allow additional users (such as billing staff, technical administrators, or company representatives) to receive specific notifications or access certain areas of your Account, you may add them through the User Management feature. You may assign granular permissions (e.g., invoices, support tickets, account profile, email history) and configure whether they receive email notifications, panel access, or both. The Account owner (primary registrant) always retains full permissions and remains strictly and legally responsible for any actions, purchases, deletions, or policy violations committed by authorized sub-users or third parties accessing the Account.

SCALIBIT staff will never ask you for your password and will never send you a password chosen by us. Password changes are performed only through secure, system-generated mechanisms:

• Assisted Recovery (No Email Access): If you no longer have access to the email address associated with your Account, SCALIBIT may, at its discretion, require identity verification and/or supporting documentation (for example, a government-issued photo ID (national ID card or passport), proof of residence, or valid company registration records) before updating your contact details. The decision to grant or deny access following an assisted recovery request is at SCALIBIT’s sole discretion and is final. Once identity is verified, a secure password reset link will be sent to the newly verified contact email address.

• Any documents submitted for identity verification will be used solely for account security and fraud prevention purposes, handled in accordance with SCALIBIT’s Privacy Notice, and will be securely deleted once the internal verification or investigation process is completed (unless longer retention is legally required or necessary for fraud mitigation).

You are fully responsible for all activities conducted under your Account, whether authorized by you or not. SCALIBIT is not liable for any loss or damage arising from unauthorized use of your credentials where such access results from your failure to maintain adequate security over your Account, devices, or email address.

In the event of ownership or access disputes — including but not limited to partnership dissolution, business separation, or other legal conflicts — SCALIBIT will remain neutral and may place the affected Account or Services on administrative hold until a valid legal determination, court order, or mutual written resolution is provided. During any such hold or dispute, the Customer remains responsible for all ongoing service fees. Failure to pay during a dispute may result in automated service termination and permanent data loss. SCALIBIT shall not be liable for any downtime or financial damages resulting from its neutrality or administrative actions during 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, you must ensure that such information is transmitted only through secure and encrypted channels designated by SCALIBIT (e.g., the Client Portal). SCALIBIT is not responsible for any data transmitted through unsecured, third-party, or unofficial communication methods (such as external messaging apps or unencrypted email).

Failure to maintain access to your primary contact email address does not exempt you from receiving notices or being bound by applicable deadlines — including service suspension, invoice due dates, or data deletion schedules. A notice is deemed "duly delivered and received" at the moment it is sent by SCALIBIT to your registered email address, regardless of delivery failures caused by your email provider, spam filters, or account inactivity.

7. DATA PROTECTION, USE & PROCESSING

Important Clarification: Infrastructure Provider Role. For all services provided by SCALIBIT where the Customer maintains administrative control — including but not limited to Virtual Machines, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and AI, GPU & Specialized Compute Hosting — SCALIBIT acts solely as an infrastructure provider. We do not process, monitor, or have access to customer data (including operating systems, applications, files, and content) stored or managed on these servers (“Customer Data”). In all such cases, the Customer retains full administrative and technical control, acting as both the data controller and data processor. SCALIBIT does not perform backups of Customer Data and is not responsible for data loss, corruption, or recovery; maintaining secure and redundant backups is the sole responsibility of the Customer.

SCALIBIT’s obligations under this Section apply only to the processing of personal data related to the Customer's Account Information (such as contact, billing, and order details) and administrative metadata strictly necessary for service delivery ("Your Data"). "Your Data" explicitly excludes all Customer Data, content, AI models, or files hosted within the Customer’s environment.

SCALIBIT acts as a Data Processor (or Service Provider) solely with respect to Your Data (Account Information), while you act as the Data Controller. The terms of SCALIBIT’s Data Processing Addendum (DPA) — including the Standard Contractual Clauses — are hereby incorporated into and form an integral part of these Terms.

The DPA ensures SCALIBIT implements appropriate technical and organizational measures to safeguard Your Data (Account Information) in compliance with GDPR, UK GDPR, CCPA/CPRA, and emerging AI regulations such as the EU AI Act and ISO/IEC 42001. By using the Services, you acknowledge that You are responsible for ensuring your use of the infrastructure complies with all applicable privacy laws regarding your own end-users.

SCALIBIT does not access, sell, share, or use Customer Data in the ordinary course of providing the Services, except where strictly required to fulfill legal obligations (e.g., valid court orders), to maintain system integrity, or when explicitly requested by the Customer for technical support purposes. SCALIBIT shall not be deemed a Data Processor for any self-managed or customer-controlled environments.

8. OUR ACCEPTABLE USE AND ANTI-SPAM POLICIES

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

You understand and agree that compliance with these Policies is a material condition of your use of SCALIBIT Services. Any violation of the AUP or Anti-Spam Policy constitutes a material breach of this Agreement and may result in immediate suspension or termination of your Services without refund. SCALIBIT is not required to provide prior notice before taking enforcement action if a violation is detected or reasonably suspected.

SCALIBIT reserves the right to investigate suspected violations and to take any action it deems appropriate, including restricting or disabling access, removing content, or suspending accounts. The determination of whether a violation has occurred shall be made by SCALIBIT in its sole and absolute discretion. You agree to cooperate with SCALIBIT in any such investigation. SCALIBIT may also cooperate with law enforcement authorities, public prosecutors, courts, and affected third parties without notifying You.

Liability for Abuse: You remain strictly and solely responsible for all use of your Services. In the event that Your use of the Services results in the blacklisting of SCALIBIT’s IP addresses or causes damage to SCALIBIT’s reputation, network, or infrastructure, SCALIBIT reserves the right to charge You for the reasonable and documented costs associated with remediation, including IP replacement fees, legal costs, and administrative labor at SCALIBIT’s then-current hourly rates.

The Acceptable Use Policy and Anti-Spam Policy are hereby incorporated by reference and form an integral part of these Terms of Service. Continued use of the Services following any policy updates constitutes your acceptance of the revised Policies. 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 or its upstream providers; (ii) network, hardware, 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, network congestion, infrastructure failures at the data center level, acts of God, natural disasters, pandemics, or governmental restrictions (collectively, “Force Majeure Events,” as further described in Section 51 – Force Majeure).

You acknowledge and agree that SCALIBIT has no control over the continuous or uninterrupted operation of the Internet or third-party networks, and that we assume no liability for any service interruption, degradation, or data loss arising from such events. SCALIBIT reserves the right to temporarily suspend or "null-route" any Service that is under attack (e.g., DDoS) or is causing instability to SCALIBIT’s infrastructure or other customers. 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 permanently discontinue Beta Services at any time without prior notice and without liability for data loss;

• (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.

No Warranty for Uptime: 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 the Website, Services, and any Beta Services. Any uptime guarantees or service credits, if applicable, are governed strictly by our separate Service Level Agreement (SLA). In no event shall any service credit or refund exceed the amount paid by the Customer for the affected Service during the period of the disruption.

SCALIBIT may also make available certain products or services provided by third-party vendors. Such third-party offerings are subject to the terms and conditions of the respective providers. Unless otherwise stated, this Agreement governs the relationship between you and SCALIBIT, and nothing in any third-party agreement shall modify, expand, or diminish SCALIBIT’s obligations under this Agreement. For additional details, please refer to Section 25 – Third Party Products and Services.

10. YOUR RESPONSIBILITIES AND USE RESTRICTIONS

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

• 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 in which SCALIBIT or its upstream infrastructure providers operate, host, or process data, or where the servers, data centers, or network facilities used to deliver the Services are physically located, including any third-party data centers where SCALIBIT’s infrastructure (including hosted, leased, or co-located servers) is located — as well as the laws of the countries in which such facilities or data centers are physically situated. This includes, but is not limited to, data protection and privacy laws, intellectual property laws, cybersecurity and computer misuse laws, export control and sanctions regulations, and laws governing unsolicited commercial communications (including anti-spam regulations). You are responsible for obtaining and maintaining all required licenses, permits, and approvals necessary for your use of the Services, and for ensuring that your employees, contractors, customers, and end users comply with all such laws when accessing or using 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”), Bureau of Industry and Security (BIS), and other relevant U.S. and international authorities. You represent and warrant that you are not: (a) located in, ordinarily resident in, or conducting business operations from any embargoed, comprehensively sanctioned, or restricted country or region — including but not limited to Cuba, Iran, North Korea, Syria, Russia, Belarus, or the Crimea, Donetsk (DPR), or Luhansk (LPR) regions of Ukraine — as such lists are updated from time to time by relevant authorities; or (b) identified on any U.S. or international sanctions or restricted-party lists, including but not limited to the Specially Designated Nationals (SDN) List, Sectoral Sanctions Identifications (SSI) List, BIS Denied Persons List, Entity List, or Unverified List.

  Any attempt to access, purchase, resell, provision, route, or indirectly make the Services available—whether directly or via VPNs, proxies, resellers, or third-party networks—in violation of such laws is strictly prohibited and may result in immediate suspension or termination of Services, without refund, and may be reported to competent authorities.

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

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

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

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

• 10.15 You are responsible for the proper use of any IP addresses assigned to you in connection with the Services, including activities by your employees, contractors, resellers, or end users. You must comply with all applicable Regional Internet Registry (RIR) policies, as well as all local, state, and federal laws of the United States and all foreign, national, and international regulations. 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. In the event that Your use results in the blacklisting of SCALIBIT’s IP addresses, You agree to be liable for all costs associated with remediation, including IP replacement fees, legal costs, and administrative labor costs at SCALIBIT’s then-current rates. Abuse, misuse, or under-utilization of assigned IPs may result in suspension or reclamation pursuant to Section 13 – IP Addresses.

  This responsibility applies to all SCALIBIT Services, including but not limited to: Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers. All Services must be used in accordance with all applicable laws and solely for lawful purposes.

  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, upstream data centers, or underlying infrastructure providers are physically located — and solely for lawful purposes.

• 10.16 SCALIBIT does not guarantee the preservation, availability, accuracy, or restoration of any data stored, transmitted, or processed through the Services. SCALIBIT does not provide any courtesy or guaranteed backup service for any service category. All Services — including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and GPU Servers — do not include any backup service under any circumstances. You are solely responsible for maintaining independent, off-site backups of all data at all times. SCALIBIT assumes no liability for any data loss, corruption, or unavailability, regardless of cause, including hardware failure, network outages, or SCALIBIT’s own negligence. You acknowledge that "Redundant Storage" or "RAID" configurations do not constitute a backup. Additional backup terms, limitations, and exclusions are set forth in Section 24 — Backups and Data Loss.

• 10.17 You must promptly and adequately respond to any abuse, security, or vulnerability notifications issued by SCALIBIT, its upstream providers, or regulatory authorities, and you must fully cooperate in any related investigation. Failure to address such notifications within the specified timeframe may result in immediate filtering, null routing, suspension, or termination of Services without further notice under Section 31.10.1 and Section 33.

• 10.18 You are responsible for ensuring that any IP allocations associated with your Services do not infringe upon third-party intellectual property or trademark rights.

• 10.19 You must not use any SCALIBIT Service — including Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, or Dedicated Servers or Bare Metal — to host, deploy, train, distribute, or operate any artificial intelligence (AI), machine learning (ML), deep learning (DL), GPU-accelerated, or other specialized compute workloads, unless you are using an environment explicitly provisioned and licensed for such purposes under AI, GPU & Specialized Compute Hosting.

  Even in approved AI, GPU & Specialized Compute Hosting environments, the following uses are strictly prohibited:

  • unlawful surveillance, facial recognition, biometric identification, or scraping of sensitive or personal data;

  • voice or identity impersonation, deepfake generation, phishing automation, or synthetic media designed to deceive individuals or the public;

  • automated attacks, malware compilation, vulnerability exploitation, or unauthorized penetration of networks or systems;

  • any form of cryptocurrency mining, blockchain validation, GPU/CPU/ASIC farming, staking infrastructure, hash-rate resale, or similar compute-intensive financial activities — strictly prohibited on all SCALIBIT Services, including AI, GPU & Specialized Compute Hosting;

  • any usage that violates sanctions, export control regulations, AI regulatory frameworks (including GDPR, EU AI Act, U.S. AI Executive Order), or that involves jurisdictionally restricted AI technologies.

  Any prohibited use constitutes a material breach of this Agreement and may result in immediate suspension or termination, without refund, and may be reported to competent authorities or upstream providers where legally required.

• 10.20 SCALIBIT does not access, inspect, or monitor any AI model inputs, training datasets, inference outputs, source code, or model weights stored or processed in customer-controlled environments. SCALIBIT does not perform content-level monitoring, model auditing, or analysis of any user data, AI workloads, or computational outputs.

  However, for purposes of operational integrity, infrastructure protection, or abuse mitigation, SCALIBIT may receive limited technical telemetry — such as indications of abnormal GPU/CPU consumption, excessive bandwidth, or volumetric network indicators (e.g., DDoS). SCALIBIT reserves the right to throttle, restrict, or suspend any Service that exhibits abnormal resource consumption that adversely impacts SCALIBIT’s infrastructure performance or other customers. Such telemetry is strictly resource-level and does not reveal customer content, model data, or in-server activities.

  SCALIBIT has no access to, and cannot monitor, inspect, or interact with any customer applications, stored datasets, model parameters, or operating system logs, unless expressly authorized in writing by the Customer for limited support purposes, or where legally compelled by valid court order. Customers remain solely responsible for regulatory compliance, data classification, and governance of any workloads deployed — including those involving AI, sensitive data, or jurisdictionally regulated content.

• 10.21 The Services are not designed, intended, or permitted for the storage, handling, transmission, or processing of any medical, clinical, or health-related data — including Protected Health Information (“PHI”) as defined under HIPAA, GDPR Article 9, UK DPA Schedule 1, or any similar privacy or healthcare regulation. Customers are strictly prohibited from using the Services for any purpose involving medical diagnosis, patient data management, or clinical decision support. See Section 40 – HIPAA Disclaimer for further details.

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 technically 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 solely responsible for configuring and using the Services in a secure manner, and for implementing appropriate technical and organizational safeguards — including encryption, access controls, malware protection, logging, monitoring, and maintaining independent, off-site backups of all Services Content. SCALIBIT does not provide or include any backup service for any service category under any circumstances. This includes, without limitation, Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers, and GPU Servers. SCALIBIT does not guarantee data retention, availability, integrity, or restoration under any circumstances. To the fullest extent permitted by law, SCALIBIT shall have no liability for any loss, corruption, unavailability, unauthorized access, or destruction of Services Content, regardless of cause—including but not limited to hardware failure, data center disasters, network outages, or SCALIBIT’s own negligence. You acknowledge and agree that maintaining independent, off-site backups is Your sole and non-delegable duty. Additional terms regarding backups, limitations, and exclusions are set forth in Section 24 — Backups and Data Loss.

• 11.7 SCALIBIT indicates the intended hosting location (such as country, region, or data center) for each Service on the relevant product pages and during the order process. The Customer is informed of the service location before placing an order. By purchasing or using a Service, the Customer agrees to the use of that indicated location, subject to SCALIBIT’s technical, operational, and regulatory requirements.

  Cloud Services (Cloud Servers), Cloud Compute, Optimized Cloud Compute, and Virtual Machines may be delivered from a single region or distributed across multiple regions. SCALIBIT manages the underlying infrastructure, and the exact data center, routing path, or jurisdiction used to host, process, or back up (if applicable) Services Content may change over time to support redundancy, performance, compliance, security, or business continuity.

  Dedicated Server or Bare Metal Hosting may be offered from different regions by SCALIBIT, and the Customer may request a specific region or configuration from the available options shown at the time of ordering. Actual provisioning depends on availability and may involve alternate or supplementary infrastructure providers.

  By using the Services, you acknowledge and consent that your Services Content may be stored, routed, processed, or backed up (if applicable) in any facility used by SCALIBIT or its infrastructure providers, in accordance with applicable data protection laws. For more details on data processing responsibilities and lawful cross-border transfers, please refer to Section 7 — Data Protection, Use & Processing. You represent and warrant that you have obtained all necessary consents, authorizations, and legal bases for any cross-border transfers and processing of Services Content, including any personal data or confidential information.

• 11.8 SCALIBIT reserves the right (but has no obligation) to review, monitor, or remove any Services Content that violates this Agreement, the Acceptable Use Policy, or applicable laws. We may also suspend or terminate your Services — or restrict access to your Services Content — if required by applicable local, state, or federal laws of the United States, as well as any applicable foreign, national, or international laws and regulations — including the laws of the countries in which SCALIBIT or its upstream infrastructure providers operate, host, or process data, or where the servers, data centers, or network facilities used to deliver the Services are physically located, including any third-party data centers where SCALIBIT’s infrastructure (including hosted, leased, or co-located servers) is located, as well as the laws of the countries in which such facilities or data centers are physically situated. Suspension or termination may also occur when necessary to protect the integrity, confidentiality, availability, or security of SCALIBIT’s systems, network infrastructure, or upstream providers.

• 11.9 The creation, training, processing, or distribution of AI-generated or synthetic content — including but not limited to text, images, video, audio, biometric likeness, voice cloning, large language model outputs, synthetic media, or deepfake content — is strictly prohibited on all SCALIBIT Services except on eligible AI, GPU & Specialized Compute Hosting platforms that are explicitly designed, licensed, and provisioned for such workloads, and only where such use remains fully compliant with applicable law, export regulations, and SCALIBIT policies.

  This prohibition applies to all non-GPU environments, 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 or Bare Metal (unless provisioned as AI, GPU, or Specialized Compute Hosting).
    
    

  Only Customers who have purchased designated AI, GPU & Specialized Compute Hosting environments — such as GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, or AI-Oriented Bare Metal Deployments — are permitted to run AI model training, inference workflows, generative AI pipelines, synthetic media creation, or automated content generation systems. All such usage remains subject to compliance with applicable law, export and sanctions regulations, data protection legislation, and SCALIBIT’s Responsible AI Use Requirements.

  Customers using eligible AI, GPU & Specialized Compute Hosting Services are solely responsible for:

  • the legality, accuracy, and truthfulness of any AI-generated or synthetic content;

  • obtaining all necessary permissions, authorizations, and legal bases to host, process, or distribute such content;

  • ensuring that AI-generated outputs do not impersonate real individuals (living or deceased), mislead the public, or violate privacy, biometric, publicity, or intellectual property rights;

  • preventing misuse of AI models for prohibited activities — including harassment, extremist propaganda, unlawful surveillance, automated disinformation, malicious identity generation, or violation of export/sanctions laws.

  SCALIBIT does not monitor, validate, classify, label, verify, or moderate any AI-generated or synthetic content and assumes no liability for its creation, output, accuracy, legality, or distribution. All responsibility and legal risk associated with AI-generated or synthesized content rests solely with the Customer.

  Important Legal Clarification: The creation, hosting, or distribution of any deepfake, synthetic media, or AI-generated likeness involving a real individual — including face, voice, biometric identity, or personal attributes — is strictly prohibited unless the Customer holds valid, written, and legally verifiable consent from the individual concerned. SCALIBIT does not request, validate, review, or archive any such consent documentation, and assumes no liability for its accuracy, authenticity, or legal validity. If a credible complaint or takedown request is received regarding such content, the burden of proof regarding valid consent rests entirely and exclusively on the Customer. SCALIBIT reserves the right to suspend or terminate Services immediately upon receipt of such a complaint, without waiting for legal adjudication, court orders, or further proof of harm. All legal risk, regulatory compliance, and proof of authorization remain solely with the Customer.

  SCALIBIT is not a data controller, publisher, or moderator for any AI-generated or synthetic content processed or distributed through Customer-managed environments, including content involving sensitive data, biometric data, or personally identifiable information (PII). SCALIBIT does not moderate, label, certify, or validate any synthetic media or AI-assisted content, and is not responsible for any claims related to defamation, privacy infringement, intellectual property violations, impersonation, identity theft, or reputational harm. Customer agrees to indemnify SCALIBIT against any third-party claims arising from AI-generated outputs.

  Customers using AI, GPU & Specialized Compute Hosting Services must ensure full compliance with all applicable laws and regulatory frameworks — including, where applicable, the EU GDPR, UK GDPR, CCPA, U.S. AI Executive Order, EU AI Act, Digital Services Act, and biometric privacy laws (such as BIPA).

• 11.10 The following AI-related content and activities are strictly prohibited on SCALIBIT infrastructure:

  • Deepfake generation involving real individuals without explicit legal consent — including voice cloning, face synthesis, biometric impersonation, or identity simulation;

  • Synthetic media used for fraud, election influence, unlawful surveillance, phishing, harassment, misinformation operations, or behavioral profiling;

  • Mass scraping, automated data harvesting, or AI model training using copyrighted, biometric, sensitive, or regulated personal data without a valid legal basis;

  • Generation or hosting of AI-assisted extremist, terrorist, hate-promoting, or violent propaganda — including content designed to incite or glorify criminal acts;

  • Hosting or facilitating AI-based systems used to assist cyberattacks, malware automation, exploit generation, password cracking at scale, or LLM-powered social engineering campaigns.

  Any violation of this clause constitutes a material breach of this Agreement. SCALIBIT shall have the right to determine what constitutes "misinformation," "abusive scraping," or "harmful AI activity" at its sole and absolute discretion. Such violations may result in immediate suspension or termination of Services without refund, null-routing, and mandatory reporting to competent authorities — including law enforcement, regulatory agencies, or financial intelligence units (FIUs), pursuant to Section 37 – Legal & Law Enforcement Requests for Customer Information. SCALIBIT is not required to provide any forensic evidence or internal investigation details to the Customer prior to or following such termination.

12. HOSTING (CORE INFRASTRUCTURE)

12.1 Purpose of Services and Prohibited Use

SCALIBIT’s services are intended solely for lawful and legitimate computational purposes. Activities that are prohibited include, but are not limited to, unauthorized batch processing, video transcoding, web crawling/scraping (where excessive and abusive), or operating as an online backup storage service. Any form of cryptocurrency mining, blockchain validation, or hash-rate resale is strictly prohibited on all Services unless otherwise stated in Your specific product plan. Pornographic, adult, escort, or sexually explicit content and streaming websites are expressly prohibited. SCALIBIT is the sole arbiter, acting reasonably and in good faith, of what constitutes prohibited content or abusive use. SCALIBIT reserves the right to take immediate action, including suspension or termination of accounts, engaged in unauthorized activities.

12.2 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.

12.3 Infrastructure Environment Changes

SCALIBIT reserves the right to modify, upgrade, replace, or relocate its infrastructure environment — including servers, data center facilities, hardware, virtualization platforms, network carriers, or storage systems — as necessary to maintain compliance, performance, capacity, or security. Such changes may be made:

• To comply with new or updated laws, regulations, court orders, or industry standards;

• To address security vulnerabilities, optimize performance, capacity, or ensure business continuity;

• Migration to newer or higher-performance servers or data center facilities;

• Replacement or upgrade of underlying compute resources (including CPU, RAM, SSD/NVMe storage, or network interfaces);

• Upgrades to or changes in virtualization, containerization, or cloud platform technologies;

• Integration, replacement, or transition involving third-party data center operators, network carriers, or upstream infrastructure providers;

• Relocation or reassignment of Services to alternate or supplementary facilities for redundancy, maintenance, or regulatory compliance.

SCALIBIT may change the physical data center or upstream provider assignments without prior notice where technically or operationally necessary, provided that equivalent or higher performance is maintained. Where feasible, commercially reasonable efforts will be made to notify affected Customers in advance.

These changes do not entitle the Customer to termination, refund, or compensation unless explicitly required under Section 33 — Termination & Cancellation Policy.

12.4 CDN and Bandwidth Policies

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

12.5 DDoS Protection and Mitigation

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

12.6 Uptime Commitment

SCALIBIT endeavors, but does not guarantee, to maintain a 99.9% uptime for Services, excluding scheduled maintenance, emergency interventions, or events beyond SCALIBIT’s reasonable control. This commitment is not a guarantee and does not entitle the Customer to cash refunds. Any compensation for downtime is provided solely in the form of Service Credits, as outlined in our Service Level Agreement (SLA). In no event shall credits exceed 100% of the monthly fee for the affected Service. Scheduled maintenance or service-affecting operations will be announced in advance via the Client Area.

12.7 Backups (Customer Responsibility)

Backup services are not provided, guaranteed, or included for any SCALIBIT infrastructure service categories, including (but not limited to): Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, Dedicated Servers or Bare Metal, and GPU Servers.

All backup and data protection responsibilities rest solely with the Customer. Customers are strongly encouraged to maintain their own independent, off-network backups at all times. SCALIBIT assumes no responsibility for any data loss, corruption, or recovery failure whatsoever, regardless of cause.

For additional details regarding manual backups, retention limits, and data recovery procedures, please refer to Section 24 — Backups and Data Loss (Backup & Data Retention Policy).

12.8 Service Disruptions

SCALIBIT is not liable for service interruptions caused by circumstances beyond its control, including data center outages, upstream network issues, or force majeure. Such events are excluded from uptime calculations and do not entitle customers to refunds or credits. For related limitations, see Section 39 – Limitation of Liability.

12.9 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. This exclusion of liability applies regardless of the cause, including hardware aging, environmental factors, or SCALIBIT’s own negligence. While SCALIBIT employs enterprise-grade hardware, no hardware is immune to failure. Customers are solely responsible for maintaining their own off-site or independent backups.

12.10 Hosting-Related Service Suspension

SCALIBIT reserves the right to temporarily suspend, restrict, or reassign any Service — without prior notice, where technically, operationally, or legally necessary — in order to protect the stability, integrity, security, or lawful operation of SCALIBIT’s infrastructure, or that of its upstream providers. Suspension may occur under circumstances including, but not limited to:

• Excessive or abnormal resource usage affecting server stability (CPU, RAM, disk I/O, bandwidth, or network throughput);

• Security threats, including malware infection, compromised accounts, outbound spam, unsolicited bulk email (spam), phishing, spoofing, or unauthorized access attempts;

• Hardware failure, data center maintenance, emergency migration, or reassignment to alternate nodes or facilities;

• Actions required by upstream providers, data center operators, or network carriers due to abuse, policy violations, or regulatory enforcement.

Where feasible, commercially reasonable efforts will be made to notify affected Customers before or after such suspension. Suspension due to abuse, instability, or security violations does not entitle the Customer to any refund, credit, or compensation unless explicitly required under Section 33 — Termination & Cancellation Policy.

13. IP ADDRESSES

13.1 General Scope

Scope: This Section applies to all SCALIBIT Services, including but not limited to: 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

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 and VDS — and each Cloud Services plan (including Cloud Servers and Dedicated Cloud Servers) may include one (1) usable IPv4 address at no additional cost, where available. Similarly, each Cloud Compute Services plan (Standard Performance, High Performance, High Frequency) and each Optimized Cloud Compute Services plan (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized) may include one (1) usable IPv4 address free of charge, subject to availability and regional network policies.

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.

For AI, GPU & Specialized Compute Hosting plans, the number of included IPv4 addresses depends on the deployment type: Single GPU Cloud Instances (virtualized GPU VPS/VDS) include one (1) usable IPv4 address, while Dedicated GPU Servers and Multi-GPU AI Training Clusters (NVLink, MI300, H100, HPC Nodes) may include up to five (5) usable IPv4 addresses (a /29 subnet), depending on the data center location and specific plan. Additional IPv4 allocations, subnets (/28, /27), or dedicated IP blocks are available for purchase upon request.

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: All IPv4 and IPv6 address space assigned, routed, or announced for customer use through SCALIBIT Services remains under the administrative control of SCALIBIT or the underlying data center or network provider from which the addresses originate. Such addresses are provided solely as temporary, non-transferable usage rights for the duration of the active service term and do not represent ownership by the Customer. Upon suspension, expiration, or termination of the related service, all assigned IP addresses immediately revert to SCALIBIT’s or the originating provider’s administrative control, depending on the source of allocation. All allocations are governed by SCALIBIT’s IP Address Services Policy and applicable Regional Internet Registry (RIR) policies.

IP addresses are provided on an “as-is” basis. SCALIBIT does not warrant or guarantee that any assigned IP address will remain free from listings on third-party blacklists, reputation databases, or filtering systems operated by external entities.

If an IP address becomes blacklisted during the service term due to Customer activity, SCALIBIT is under no obligation to replace it. Any request for IP replacement or "clean IP" assignment after the initial provisioning is subject to additional setup fees and SCALIBIT’s approval.

Reverse DNS (rDNS) Support: Reverse DNS functionality is available for all infrastructure-based services — 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments). PTR record updates may be requested through the Support Ticket system and are subject to verification and compliance with SCALIBIT’s rDNS naming policy.

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 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), or AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) — 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, service allocation records, or administrative IP assignment logs related to IP addresses provisioned either directly by SCALIBIT or indirectly through data centers or network infrastructure providers used by SCALIBIT, strictly as required by applicable law.

SCALIBIT does not collect, retain, or have access to any network-level traffic logs, packet data, or connection traces. Such network-layer information — where retained at all — is managed exclusively by the data center or network infrastructure operator responsible for network management and the underlying infrastructure, and is not accessible to SCALIBIT.

SCALIBIT does not operate flow monitoring, NetFlow, sFlow, IPFIX, deep packet inspection (DPI), or any similar traffic analysis systems on any IP addresses allocated, routed, or used in connection with Customer-used Services or servers.

Any disclosures made by SCALIBIT are strictly limited to the minimum administrative data necessary to comply with valid and legally binding requests.

13.1.1 IPv6 Availability & Allocation

IPv6 support is available for certain SCALIBIT Services, depending on the data center location, network infrastructure, and regional availability. IPv6 addresses may be provided as shared, dedicated, or subnet-based allocations, subject to technical feasibility and applicable fees.

IPv6 availability is not guaranteed across all regions or service types and may depend on whether the data center network infrastructure where the server is hosted supports native IPv6 routing.

For Virtual Machines (VPS, VDS), Cloud Services (Cloud Servers, Dedicated Cloud Servers), Cloud Compute Services (Standard Performance, High Performance, High Frequency), and Optimized Cloud Compute Services (General Purpose, CPU Optimized, Memory Optimized, Storage Optimized), Customers may request dedicated or subnet-based IPv6 assignments for an additional fee, subject to availability. In most cases, such IPv6 allocations consist of /64 or /56 subnets, depending on SCALIBIT policy, routing support, and RIR compliance.

For Dedicated Servers or Bare Metal, and AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments), IPv6 availability is determined by SCALIBIT based on the technical capabilities of the data center location and the underlying network infrastructure. Depending on the region and data center, IPv6 may be offered natively (such as a single /64 or routed /56 subnet), or it may be available only as an optional, fee-based add-on. In certain locations, IPv6 may not be available at all. All such availability details — including pricing and subnet specifications — are clearly indicated on the relevant server plan pages. SCALIBIT does not guarantee that IPv6 will be available in all dedicated server locations.

All IPv6 assignments are subject to the same usage rights, ownership restrictions, security responsibilities, RIR compliance, abuse-prevention requirements, and revocation policies described in Sections 13.1 and 13.2 of this Agreement. Misuse of IPv6— including but not limited to spamming, malicious tunneling, anonymization services, or non-compliance with RIR policy — may result in suspension, null-routing, or withdrawal without refund.

13.2 IP Address Allocation, Usage, and Responsibility

All IP addresses assigned to customers under SCALIBIT Services are allocated and managed either directly by SCALIBIT, by the data center or network infrastructure provider where the related service is hosted, or through an external IP leasing or routing provider. 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 addresses remain under the administrative control of SCALIBIT or the originating provider and represent temporary, non-transferable usage rights granted solely for the duration of the active service term.

This allocation structure applies regardless of whether SCALIBIT provides services through its own infrastructure, through rented or colocated hardware, or in collaboration with third-party data centers or network infrastructure providers in various global regions. In all cases, the Customer’s use of the assigned IP addresses is governed by the same legal and technical responsibilities described in this Section. SCALIBIT assumes no liability for any misuse, abuse, or unlawful activity originating from the Customer’s assigned IP space.

This framework ensures operational consistency across all network regions, whether IPs are directly allocated from SCALIBIT’s own address space, supplied by a data center or network infrastructure provider, or leased from an external IP address provider.

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

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

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

Reverse DNS (rDNS) and PTR record updates are available only for infrastructure-based services with dedicated IP allocations — including Virtual Machines (VPS, VDS), 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments). Such updates are subject to SCALIBIT’s rDNS naming and verification policies.

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

In cases involving law enforcement or regulatory inquiries, SCALIBIT may disclose customer identification data, service allocation records, or administrative IP assignment logs solely to the extent required by applicable law and only where such information is held directly by SCALIBIT.

SCALIBIT does not collect, retain, monitor, or have access to any network-level traffic logs, packet data, content data, or connection trace information. Such network-layer records — if retained at all — are solely controlled by the data center or network infrastructure operator responsible for network management and are not accessible to SCALIBIT.

Any disclosures made by SCALIBIT are strictly limited to the minimum administrative data necessary to satisfy valid and lawful requests, in accordance with applicable privacy, data protection, and judicial cooperation laws.

Blacklist Remediation Fees: If the Customer’s use of the assigned IP space results in a listing on major RBLs (Real-time Blackhole Lists) or impacts SCALIBIT’s network reputation, the Customer shall be billed for the time and expense required to delist the IPs, at a rate of $100.00 USD per hour, with a minimum one-hour charge per incident. SCALIBIT reserves the right to withhold any remaining service balance or deposit to cover these costs.

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 13.3 – Customer-Provided IP Announcements and Leasing shall apply in full.

13.3 Customer-Provided IP Announcements and Leasing

13.3.1 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 third-party data center or network infrastructure operator, provided that valid proof of ownership or a Letter of Authorization (LOA) is submitted by the Customer. Such announcements are performed solely as a technical facilitation service and do not grant SCALIBIT any ownership, monitoring capability, or administrative control over the Customer’s IP space.

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, inspect, filter, or retain any traffic data, packet contents, or network-level logs related to Customer-owned IP space. Any unlawful use — including but not limited to spamming, phishing, cyberattacks, or other illegal activity — is solely the responsibility of the Customer and/or the IP space owner.

SCALIBIT reserves the right to suspend or withdraw any route announcement without prior notice in the event of blacklisting, abuse incidents, 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 through third-party data centers or network providers. Upon termination or expiration of the Service, SCALIBIT will withdraw any such route announcements, and the Customer shall ensure removal of all related advertisements, route objects, or DNS records.

In cases involving lawful requests, SCALIBIT may provide administrative records — such as IP assignment history, LOA records, or Customer identification details — strictly to the extent required by applicable law. SCALIBIT does not collect, retain, or have access to any network-level traffic logs, routing telemetry, packet data, or connection traces related to Customer-owned IP space. Any network-layer records, where retained at all, are exclusively managed by the data center or network infrastructure operator responsible for the underlying network environment.

Route Stability: The Customer is strictly prohibited from performing any BGP activity that causes network instability, "route flapping," or "IP hijacking." In the event that Customer’s BGP announcements cause disruption to SCALIBIT’s infrastructure or upstream providers, SCALIBIT may immediately terminate the BGP session and the related Service without refund and may hold the Customer liable for all resulting damages.

13.3.2 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 temporary use, either within SCALIBIT’s infrastructure or externally through the Customer’s chosen data center or network provider. In such cases, the Customer must provide valid justification and ensure that any external announcement is performed only through authorized and verifiable BGP sessions using a valid Letter of Authorization (LOA) issued by SCALIBIT.

All traffic, routing behavior, and activities originating from such leased IP space are the sole responsibility of the Customer. SCALIBIT does not monitor, inspect, filter, or retain any network-level traffic logs, packet data, or routing telemetry associated with externally announced IP space. The Customer agrees that all use of SCALIBIT-owned IP addresses must comply with applicable local and international laws, Regional Internet Registry (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. In cases of abuse, blacklisting, policy violations, or requests validated under applicable law, SCALIBIT reserves the right to suspend, null-route, or permanently revoke the leased IP space without refund. Any disclosures made by SCALIBIT are strictly limited to administrative allocation records and Customer identification data, in accordance with legal requirements.

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

14. 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), 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

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

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

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

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

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

• Unidentified Tunneling: Any unauthorized proxy, VPN, or tunneling protocol detected without prior written consent will be deemed a security risk and may result in immediate suspension. SCALIBIT is the sole arbiter in determining whether a proxy or VPN application is "legitimate" or "abusive."

  Any unauthorized proxy, VPN, tunneling, or anonymization mechanism detected without prior written approval will be deemed abusive and may result in immediate suspension.

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

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

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

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

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

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

• Cryptocurrency Mining and Blockchain Abuse. Any form of cryptocurrency mining, blockchain validation, hash-rate resale, GPU/CPU crypto-compute, staking node hosting, or similar crypto-related computation is strictly prohibited on all SCALIBIT services — including but not limited to Virtual Machines, Cloud Services, Cloud Compute, Optimized Cloud Compute, Dedicated Servers or Bare Metal and AI, GPU & Specialized Compute Hosting environments. Such activity is not eligible for review, approval, or provisioning under any circumstance.

This restriction applies to all forms of cryptocurrency or blockchain-related computation — including but not limited to solo mining, pooled mining, cloud mining, GPU/CPU crypto-compute, blockchain validation, staking node hosting, hash-rate resale, mining pool operation, blockchain node clusters, smart contract execution for validation purposes, or the use of any mechanism designed to utilize CPU, GPU, or disk resources for cryptocurrency or blockchain-related processing. Such activities are strictly prohibited across all SCALIBIT Services — including AI, GPU & Specialized Compute Hosting environments — and are not eligible for review, approval, or provisioning under any circumstance.

Damage Recovery for Mining: In addition to termination, any Customer found engaged in unauthorized crypto-mining or blockchain validation may be liable for a hardware depreciation or excessive wear fee, up to fifty percent (50%) of the applicable monthly service cost per incident, as reasonably determined by SCALIBIT, to cover abnormal wear and resource degradation.

Any customer found engaging in or facilitating such activity may have their service immediately suspended or terminated without prior notice. SCALIBIT further reserves the right to null-route IPs, permanently revoke resource allocations, close accounts, or report such activities to competent authorities or upstream providers, where required under applicable AML, sanctions, export control, or financial crime regulations.

• 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.

Infrastructure Protection: If Your resource utilization (disk I/O, CPU, or network) exceeds the baseline of Your plan and threatens the stability of the host node or network, SCALIBIT may apply "Rate Limiting" or "Throttling" without prior notice.

All prohibitions listed above apply to any activity conducted through or facilitated by SCALIBIT’s infrastructure, servers, or assigned IP space (including Virtual Machines (VMs), Cloud Environments, Dedicated Servers or Bare Metal and AI, GPU & Specialized Compute Hosting), regardless of service type or configuration.

Violation of any of the above prohibitions constitutes a material breach of this Agreement. SCALIBIT reserves the right to investigate any suspected violation and take appropriate action, including but not limited to immediate rate-limiting, null-routing, IP filtering, suspension, or termination of the offending service without prior notice, where necessary to protect the network, other customers, or to comply with legal obligations (see Sections 30, 31.10.1, and 33).

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

Customers must maintain proper DNS and reverse DNS (rDNS) configuration, valid WHOIS data, and reasonable email hygiene (SPF, DKIM, DMARC). Customers are responsible for the reputation of their assigned IP space, and any blacklist removal or remediation costs may be billed to the customer as specified in Section 29 (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.

Preservation of Evidence: Upon termination for any prohibited activity listed in Section 14, SCALIBIT is under no obligation to provide the Customer with a backup of their data or access to the server to retrieve content. All data may be permanently deleted or preserved for law enforcement as required by law.

Service Deletion and Infrastructure Recycling: Upon the cancellation or termination of any Service (whether by the Customer or SCALIBIT), the assigned infrastructure — including Virtual Machines, Dedicated Servers, or GPU Nodes — is immediately reclaimed and formatted. This process permanently and irreversibly deletes all contents, files, databases, and AI models stored within that specific Service. While SCALIBIT retains administrative Customer Information (such as name, email, and billing history) as required by law, it does not retain, archive, or back up any content from the terminated Service itself. SCALIBIT shall not be held liable for the unavailability of Service Content if a legal request is received after the infrastructure has been recycled in the normal course of business.

15. INFRASTRUCTURE SERVICES: CUSTOMER CONTROL & RESPONSIBILITIES

15.1 General Conditions

For all SCALIBIT infrastructure services — 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 AI, GPU & Specialized Compute Hosting — SCALIBIT acts solely as an infrastructure provider. The Customer retains full administrative and technical control over the operating system, software, and all hosted data.

No Administrative Oversight: Because the Customer has exclusive "Root" or "Administrator" access, SCALIBIT does not ordinarily monitor, inspect, or access the content, applications, or real-time activities within the Customer's environment. In the event of a legal inquiry, SCALIBIT’s cooperation is limited to administrative data, as SCALIBIT does not possess the keys or credentials to access the Customer’s encrypted or password-protected data.

This Section also applies to all Customer-Controlled GPU environments and AI, Specialized Compute, or high-performance workload deployments, including but not limited to infrastructure provisioned under AI, GPU & Specialized Compute Hosting.

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

SCALIBIT does not access, monitor, or manage Customer Data, software, or configurations within Customer-Controlled environments, except where explicitly requested by the Customer for technical support or where required by applicable law. Customers are fully responsible for system maintenance, updates, patch management, security configuration, and backup planning. SCALIBIT shall not be liable for data loss, corruption, unauthorized access, or software malfunction arising from Customer actions, omissions, or misconfigurations.

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

You may use SCALIBIT Services and assigned IP addresses solely for lawful purposes. Any unlawful or abusive use is strictly prohibited. The Customer is fully responsible for all activities conducted through their assigned servers and IP addresses. SCALIBIT will cooperate with competent authorities or its upstream data center providers and network operators solely to the extent required by applicable law and limited to administrative data under its control.

15.2 Server Access & Security Recommendations

For all Customer-Controlled Infrastructure — 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 AI, GPU & Specialized Compute Hosting — the Customer is solely responsible for securing, maintaining, and monitoring their own system credentials, access controls, and administrative users.

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

• Change the default root/administrator password immediately upon first login.

• Modify the default SSH port (commonly 22) to a non-standard port to reduce automated attack attempts.

• Use SSH key-based authentication instead of password-based access for enhanced protection.

• Implement firewall rules (CSF, UFW, or equivalent) and restrict SSH access to known IPs only.

• Never share your server credentials or private keys with anyone, including SCALIBIT staff.

• Regularly install operating system and software security updates and patches.

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

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

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

Credential Recovery & Loss: Since SCALIBIT does not store or have access to Your administrative passwords or private keys, SCALIBIT cannot recover them if lost or stolen. SCALIBIT is not responsible for any data loss, downtime, or the necessity to re-install (format) the Service resulting from the Customer’s loss of access credentials. Any request for a password reset that requires SCALIBIT's manual intervention may be subject to a service fee.

15.3 Backup Responsibility

SCALIBIT does not perform or maintain backups for any of the following services: 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

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

For additional details on backup retention, recovery limitations, and related liability disclaimers, please refer to Section 24 – Backups and Data Loss (Backup & Data Retention Policy) of this Agreement.

15.4 AI, GPU & Specialized Compute Workloads on Customer-Controlled Infrastructure

Where Customer-Controlled Infrastructure includes GPU-equipped configurations or is used to run AI, machine learning (ML), deep learning, large language models (LLMs), safety-critical simulations, or other specialized compute workloads, the Customer is solely responsible for the configuration, operation, and monitoring of such workloads. This includes, without limitation, responsibility for resource utilization, power consumption, thermal behavior, and workload scheduling to ensure the stability and safety of the underlying hardware and facility.

This Section applies to all GPU-based and specialized compute environments provisioned through SCALIBIT’s infrastructure, including but not limited to AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) and any other Customer-Controlled GPU or accelerator configurations deployed on Virtual Machines, Cloud Services, Cloud Compute Services, Optimized Cloud Compute Services, or Dedicated Servers (Dedicated Servers or Bare Metal).

You must ensure that AI, GPU, and specialized compute workloads do not (a) exceed reasonable or contractually agreed power and cooling limits; (b) cause repeated hardware instability, reboots, or degradation of the host system; (c) generate excessive network traffic, DDoS-like patterns, or abuse complaints; or (d) otherwise impact the integrity or availability of SCALIBIT’s infrastructure or any upstream data center, network, or facility. SCALIBIT and its upstream providers may take reasonable technical measures — including throttling, temporary suspension, or emergency shutdown of affected systems — where such workloads present a risk to electrical, thermal, network, or operational safety.

For capacity planning, fault diagnosis, and safety monitoring purposes, SCALIBIT or its upstream infrastructure providers may collect and review high-level telemetry from GPU and specialized compute nodes (such as aggregate utilization, power draw, temperature, and error states). Such telemetry does not include inspection of Customer data, model parameters, training sets, or input/output content, and is used solely to maintain the stability, security, and lawful operation of the infrastructure.

Such telemetry does not include network traffic inspection, packet capture, flow-level monitoring, or any form of content or payload analysis.

Hardware Safety and Integrity: The Customer acknowledges that high-compute workloads (AI/ML) generate significant heat and stress on hardware. If SCALIBIT's monitoring systems detect hardware stress that exceeds safe operational parameters—regardless of whether the Customer believes the workload is "normal"—SCALIBIT reserves the right to immediately throttle or shut down the Service to prevent permanent hardware damage. SCALIBIT shall not be liable for any process interruption or data loss caused by such emergency safety measures.

All AI, GPU, and specialized compute workloads deployed on Customer-Controlled Infrastructure must fully comply with this Agreement, the Acceptable Use Policy (AUP), and the AI & GPU Server Usage Policy. Without limitation, you shall not use SCALIBIT infrastructure to operate GPU or AI workloads for illegal surveillance, unauthorized biometric processing, password cracking at scale, mass generation of spam or disinformation, or any activity that violates export control, sanctions, or data protection regulations.

Important Clarification – Cryptocurrency & Blockchain Compute: As set forth in Section 14 and other applicable provisions, any cryptocurrency or blockchain-related computation — including but not limited to cryptocurrency mining, blockchain validation, staking node hosting, hash-rate resale, GPU/CPU crypto-compute, mining pool operation, or blockchain node clusters of any kind — is strictly prohibited on all SCALIBIT Services, including AI, GPU & Specialized Compute Hosting. Such workloads are not eligible for review, approval, or provisioning under any circumstance, and nothing in this Section 15.4 shall be interpreted as permitting such activity.

Any AI, GPU, or specialized compute workload that results in abuse reports, law-enforcement inquiries, repeated SOC alerts, or facility-level safety incidents may, at SCALIBIT’s sole discretion, be subject to immediate investigation, limitation, suspension, or termination under Section 29 – Abuse, Spam & Enforcement; Liquidated Damages, Section 31.10.1 – Service Suspension (Overdue Accounts) (where applicable), and Section 33 – Termination & Cancellation Policy. You must promptly respond to any related notifications and cooperate with SCALIBIT, its upstream providers, or competent authorities as required by law.

16. 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 are the sole responsibility of the Customer or the party 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.

• 16.1. You are responsible for the content on your Account. Customers are responsible for all content, scripts, data, and other objects on their accounts. Abusive scripts are scripts that interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated. SCALIBIT will, where required by applicable law, cooperate with competent authorities and law enforcement agencies solely to the extent legally required.

• 16.2. 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 29, 31.10.1, and 33).

  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.

• 16.3. 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.

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

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

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

• 16.7. 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.

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

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

• 16.10. Sites must not contain images, videos, depictions, or descriptions of pornography or adult content that is unlawful or prohibited under this Agreement, the Acceptable Use Policy, or applicable law.

• 16.11. 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.

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

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

• 16.14. 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.

  Liability for Negligent Security: If the Customer’s failure to maintain secure passwords, updated scripts, or correct file permissions (as described in 16.14) results in a system compromise, the Customer shall be held liable for any resulting damages to SCALIBIT’s infrastructure or reputation, including any costs associated with network cleanup or IP delisting.

• 16.15. 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 administrative data, IP allocation records, or service metadata under its control, as required by applicable law. Such disclosures will be limited strictly to the scope of the legal request and applicable jurisdiction.

  Non-Liability for Disclosure: SCALIBIT is under no obligation to notify the Customer when account data is provided to authorities under a valid legal request. The Customer hereby waives any claim for breach of privacy or confidentiality arising from SCALIBIT’s compliance with such legal processes or law enforcement inquiries.

• 16.16. Network Usage and Security Compliance.

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

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

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

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

  • Hosting, promoting, or participating in cryptocurrency mining, blockchain validation, or hash-rate resale, all of which are strictly prohibited under this Agreement;

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

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

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

  Any violation of this section constitutes a material breach of this Agreement and may result in immediate service suspension or termination pursuant to Section 29 (“Abuse, Spam & Enforcement”). SCALIBIT reserves the right to preserve relevant logs, cooperate with law enforcement, and take all necessary actions to maintain the security and stability of its network.

  Protective Suspension: In the event of a suspected network-level violation, SCALIBIT may suspend the Service immediately for "Protective Purposes" while an investigation is conducted. Such suspension is not a breach of contract by SCALIBIT and does not entitle the Customer to any credit or refund.

SCALIBIT reserves the right, where technically feasible and legally required, to restrict access to or remove content that is determined to violate this Agreement or applicable law. 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.

17. ACCEPTABLE USE POLICY (AUP)

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

• 17.1. 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.

• 17.2. 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.

• 17.3. You shall NOT use our site or Services in a manner that violates this Agreement, the Acceptable Use Policy, or applicable law, including but not limited to the following:

  • Violates any applicable law, regulation, administrative order, court decision, or industry compliance standard — including but not limited to: the laws of the United States (federal, state, and local), the laws of the country where the Customer resides, the jurisdiction governing the contractual relationship, and the laws of the countries where SCALIBIT's infrastructure or the data center facilities through which SCALIBIT Services are delivered are physically located. This also includes violations of internationally recognized regulations and standards such as anti-spam legislation (e.g., CAN-SPAM, GDPR, CASL, ePrivacy), data protection and cybersecurity laws, cybercrime legislation, and Regional Internet Registry (RIR) policies (RIPE NCC, ARIN, APNIC, AFRINIC, LACNIC).

  • Promotes, encourages, or engages in child sexual abuse material (CSAM) or the exploitation of minors.

  • 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 or attempts to cause any form of denial-of-service (DoS or DDoS) attack, port scanning, network probing, traffic flooding, or any other intrusive, disruptive, or endangering activity targeting SCALIBIT-operated systems, or any servers, network infrastructure, or data center facilities through which SCALIBIT Services are delivered, as well as any other third-party 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).

  • Uses SCALIBIT infrastructure — including CPU, GPU, or Specialized Compute resources — to train, host, generate, transmit, store, or distribute any synthetic, AI-generated, deepfake, deceptive, or manipulated content for unlawful, abusive, or fraudulent purposes, including (but not limited to) identity impersonation, misinformation at scale, political manipulation, unauthorized biometric analysis, scraping or harvesting third-party data without consent, or training AI models using unlawful datasets (including copyrighted materials, personal data, or confidential/governmental content) without appropriate legal basis or authorization.

  • 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 or operates content, software, or services associated with abuse, fraud, malware distribution, or unlawful activity, including but not limited to: IRC bots, warez, hacking tools, brute-force software, malicious automation, 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, 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 any cryptocurrency or blockchain-related computation, including mining, validation, staking, hash-rate resale, or node operation, all of which are strictly prohibited under this Agreement.

  • Operating GPU-based clusters, AI/ML model hosting, inference APIs, or LLM training environments in a manner that causes excessive resource consumption, thermal or power instability, abuse complaints, SOC alerts, or datacenter-level risk is strictly prohibited and may result in immediate limitation, suspension, or termination under SCALIBIT’s enforcement procedures.

  • 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 applicable local, state, federal, national, or international laws and regulations — including, where relevant, financial or securities regulations (such as those of the U.S. Securities and Exchange Commission), or requirements imposed by stock exchanges such as NYSE, NASDAQ, or other similar regulatory bodies — as well as the laws and regulatory requirements of the jurisdictions in which SCALIBIT Services are provisioned, delivered, or where the underlying data center or network infrastructure is 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.

Consequences of Blacklisting: If Your usage causes any SCALIBIT-owned or managed IP address to be listed on global spam databases (RBLs) or reputation monitors, You agree to be liable for a "Reputation Recovery Fee" of $100.00 USD per incident, plus the actual costs of delisting. SCALIBIT may deduct these fees from Your remaining balance or charge Your registered payment method or outstanding balance, with reasonable notice where practicable.

• 17.4. 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.

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

• 17.6. 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 additional verification materials where reasonably required for fraud prevention or regulatory compliance) 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.

  Suspension for Verification: SCALIBIT reserves the right to suspend any Service at any time if we suspect fraudulent activity or "Account Hijacking." The Service will remain suspended until the identity verification documents required under Section 17.6 are provided and manually approved. SCALIBIT shall not be liable for any downtime or business loss occurring during this verification period.

• 17.7. 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 is unlawful, harmful, threatening, or otherwise prohibited under this Agreement or applicable law 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.

Finality of Termination: No refunds, including pro-rated refunds for unused days or prepayments, shall be issued for any Service terminated due to an AUP or ToS violation. SCALIBIT’s determination of a violation is final, binding, and shall be treated as "Material Breach," entitling SCALIBIT to liquidated damages as specified in this Agreement.

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

Violations of this Section may also result in immediate account suspension or permanent termination under Section 33 (Termination & Cancellation Policy) of this Agreement.

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

Acceptable Use Policy — The SCALIBIT Acceptable Use Policy applies to all services, including but not limited to 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

18. ACCEPTABLE EMAIL USAGE

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

  For all SCALIBIT infrastructure services — 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), 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 revocation of the assigned IP addresses. 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.

  Under no circumstances may Customers use SCALIBIT infrastructure — including CPU, GPU, or AI-accelerated environments — to generate or transmit mass unsolicited emails, AI-generated bulk messages, automated phishing content, or machine-generated deceptive communications (including LLM-based templates, dynamically generated content, or multi-variant email campaigns designed to bypass filters). AI-assisted email content, including automated lead generation, outreach scraping, or synthetic personalized email targeting, is strictly prohibited unless fully compliant with all applicable anti-spam regulations, consent requirements, and SCALIBIT’s Anti-Spam & Abuse Policy.

  Outbound Port Management: SCALIBIT reserves the right to block Port 25 (SMTP) and other mail-related ports by default on certain network segments or for new accounts to prevent abuse. Access to these ports may be granted upon manual review and identity verification. SCALIBIT may re-block these ports at any time if suspicious or abusive mail activity is detected

• 18.2 General Email Usage Policy

  Where SCALIBIT provides outbound mail capability or SMTP relay services (if applicable), such services are intended solely 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 may be notified and may have their accounts suspended, terminated, or restricted depending on severity. Repeated violations may also result in permanent IP blacklisting.

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

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

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

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

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

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

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

  • 18.2.7. 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.

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

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

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

  • 18.2.11. 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.

  • 18.2.12. Not to take any action that would cause you or SCALIBIT to be in breach of any applicable law or regulation — including, but not limited to, U.S. federal and state laws (such as the CAN-SPAM Act and other data protection or cybersecurity laws), the EU General Data Protection Regulation (GDPR), and the laws and regulations of the countries where the relevant services, data centers, or network infrastructure are physically located.

  • 18.2.13. 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.

  • 18.2.14. 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.

  • 18.2.15. Not to use any SCALIBIT-hosted server, network, IP address, API endpoint, or AI/LLM system to automatically generate, customize, or distribute promotional, marketing, phishing, impersonation, or deceptive emails — including AI-generated email content, automated spam bots, personalized mass outreach, spoofed sender identities, or deepfake-based messaging intended to mislead recipients.

  • 18.2.16. Not to use AI-powered or automated systems to harvest email addresses, scrape public or private contact information, or generate email lists for unsolicited use — including but not limited to AI-enhanced scraper tools, LLM-based contact inference, or predictive email generation.

  • 18.2.17. Not to host or operate AI-based phishing engines, including systems that generate multi-language phishing content, simulate official brand emails, or conduct identity deception, invoice fraud, CEO fraud, spear-phishing, or clone phishing attacks.

  • 18.2.18. Not to use SCALIBIT Services to run automated outbound email bots, dynamic mail delivery algorithms, mass campaign generators, AI bulk personalization engines, or auto-reply agents designed to bypass spam detection, throttling, or consent requirements.

  • 18.2.19. To acknowledge that IP Reputation is not guaranteed. If an IP is clean at the time of delivery but becomes blacklisted due to the Customer’s mail volume or content, SCALIBIT is not obligated to provide a replacement IP or a refund.

  AI-Powered Email Misuse Warning: The use of artificial intelligence (AI), machine learning (ML), or large language models (LLMs) to generate, optimize, personalize, or automate email content in a way that violates this Acceptable Email Usage Policy, the Anti-Spam Policy, or any applicable law (including CAN-SPAM, GDPR, CASL, ePrivacy, or U.S. Federal Trade Commission regulations) will be classified as aggravated abuse due to its scale, automation, and reputational impact. SCALIBIT may apply immediate suspension, port blocking, IP revocation, or service termination without refund, and may report such conduct to competent authorities.

  Spam Cleanup & Liquidated Damages:This fee represents a reasonable pre-estimate of damages and administrative costs. In the event of aggravated abuse (including AI-generated spam), the Customer shall be liable for a non-refundable "Spam Cleanup Fee (Liquidated Damages)" of $250.00 USD per IP address affected. This fee covers the administrative cost of responding to abuse reports and negotiating with RBL providers (e.g., Spamhaus, Microsoft, Google) to restore IP reputation.

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

  Please also review Section 29 (“Abuse, Spam & Enforcement; Liquidated Damages”). You further agree to comply with our Anti-Spam Policy, which is incorporated herein by reference.

19. ACCEPTABLE WEB USAGE

• 19.1. 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), 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), and Dedicated Servers (Dedicated Servers or Bare Metal). SCALIBIT does not actively or passively monitor, review, or access customer-hosted content across virtual or dedicated environments, and bears no responsibility for any material hosted on your websites or servers. Customers are fully and solely responsible for all content, data, and activity originating from their account or infrastructure.

  No Editorial Control: The Customer acknowledges that SCALIBIT exercises no editorial control over the content of any website. The presence of a website on SCALIBIT's network does not constitute an endorsement of its contents by SCALIBIT.

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

• 19.3. You are solely responsible for resolving any dispute involving copyright, trademark, or intellectual property rights related to your website or hosted content. You agree to indemnify and hold harmless SCALIBIT, its affiliates, and any underlying data center, network infrastructure provider, or hosting facility involved in the delivery of your Services, against any claims, damages, liabilities, or legal expenses arising from such disputes, alleged infringements, or from any unauthorized use of intellectual property materials.

  DMCA and Copyright Compliance: SCALIBIT complies with the Digital Millennium Copyright Act (DMCA) and international copyright standards. Upon receipt of a valid infringement notification, SCALIBIT reserves the right to disable access to the contested material or suspend the Service immediately without prior notice to the Customer. Repeated copyright violations will result in permanent account termination without refund.

  Nothing in this section shall be construed as SCALIBIT assuming the role of a publisher or content owner, and all actions are taken solely to maintain statutory safe harbor protections.

• 19.4. You must not use your website or any associated service to promote, host, or distribute any content that is illegal under any applicable law or regulation in any jurisdiction where the website, content, or Service is accessible or delivered. The Internet is a global communications medium; content that is lawful in one country may be prohibited elsewhere, and you may be held liable under foreign or international law.

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

  In cases involving illegal activities, fraudulent websites, or any violation of applicable law, SCALIBIT will fully cooperate with competent authorities (including law enforcement agencies, prosecutors, and courts). SCALIBIT may disclose customer account information, service-related metadata, and IP address allocation records lawfully available to SCALIBIT, upon receipt of an official and verifiable legal request, in accordance with applicable data protection and privacy laws.

  Phishing and Deceptive Sites: Any website or service hosted on SCALIBIT infrastructure that is used for phishing, identity theft, financial fraud, or mimicking third-party brands (e.g., fake banking or login pages) will be terminated immediately upon detection, without any investigation period or prior warning. SCALIBIT is not liable for any business loss resulting from the termination of such fraudulent services.

Violations of this Section may also result in immediate account suspension or permanent termination under Section 33 (Termination & Cancellation Policy) of this Agreement.

20. SCALIBIT CONTENT

Except for User Content (as defined in Section 21 below), all content available through the Services — including designs, text, graphics, images, videos, information, software, audio, and other files, as well as their selection and arrangement — and all software used to provide the Services (collectively, “SCALIBIT Content”) are and shall remain the exclusive property of SCALIBIT or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

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

Trademark & Branding: The "SCALIBIT" name, logo, and all related product and service names, design marks, and slogans are the trademarks or service marks of SCALIBIT. You are strictly prohibited from using SCALIBIT’s trademarks, logos, or brand assets in any manner that suggests an endorsement, affiliation, or partnership without a separate, formal written license agreement. Unauthorized use of SCALIBIT trademarks may result in immediate account termination and legal action for trademark infringement.

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

Prohibited Competitive Use: You may not use SCALIBIT Content, including technical documentation or API specifications, to conduct competitive analysis, public benchmarking, or to develop a competing product or service. Any unauthorized disclosure of SCALIBIT’s internal system architecture or performance metrics to third parties without express written consent is strictly prohibited.

From time to time, SCALIBIT may make available documentation, knowledge base articles, configuration samples, example scripts, legal or policy templates, or similar reference materials as part of SCALIBIT Content, including materials that may have been generated, assisted, or drafted using software tools (which may include artificial intelligence, machine learning, or large language models). All such materials are provided solely as generic, non-specific guidance, do not constitute legal, financial, security, or compliance advice, and must be carefully reviewed, adapted, and validated by you (and your professional advisors, where appropriate) before use in your own environment. You remain solely responsible for any use, adaptation, or implementation of such materials, and SCALIBIT shall have no liability arising from your reliance on them.

Unless explicitly stated otherwise in a separate written agreement or product-specific AI policy, SCALIBIT does not offer AI- or LLM-based content generation as a managed or editorial service and does not review, approve, or moderate any content you generate using third-party AI tools or any experimental features that may interface with such tools. Any AI-generated, synthetic, or machine-produced content that you choose to upload, host, transmit, or deploy using the Services (including but not limited to emails, websites, applications, media, or policy text) is deemed your User Content, not SCALIBIT Content, and you bear full and exclusive responsibility for its legality, accuracy, and compliance with this Agreement, the Acceptable Use Policy, the Anti-Spam Policy, and applicable law.

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

No Work-for-Hire: No services provided by SCALIBIT shall be considered "work-for-hire," and SCALIBIT does not transfer any intellectual property rights to the Customer for any custom configurations, scripts, or support-related materials developed by SCALIBIT staff during the course of providing the Services.

21. USER CONTENT

21.1 Content

• 21.1.1. You are responsible for all information, text, opinions, messages, comments, audiovisual works, photographs, animations, graphics, sounds, music, software, applications, and any other content or materials that you or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) through the Services (collectively, “Your Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express authorization of the owner. The burden of determining whether any such right protects any material is entirely on you. You shall be primarily and solely responsible, as between you and SCALIBIT, for any damage or loss arising from infringement of intellectual-property, privacy, publicity, or contractual rights, or any other harm resulting from your User Content. As between you and SCALIBIT, you retain ownership of your User Content and bear full responsibility for its legality, reliability, and appropriateness while using the Services.

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

  SCALIBIT may electronically monitor network activity only at an aggregate or infrastructure level to maintain operational security, abuse prevention, service integrity, and compliance, without inspecting or collecting content payloads, packet captures, deep packet inspection (DPI) data, or individual customer traffic flow logs. SCALIBIT may disclose limited administrative and service-related records lawfully available to SCALIBIT (such as account identifiers, contact and verification data, service allocation details, IP address assignment records, and basic service activation timestamps) where required to satisfy lawful process or to protect its systems, upstream data center providers, and customers. SCALIBIT investigates credible complaints of violations of this Agreement or of third-party rights, cooperates with organizations combatting Internet abuse, and may implement technical filters, rate-limits, null-routing, or mitigation systems for that purpose. SCALIBIT will cooperate with competent authorities (law enforcement, prosecutors, courts) as required by applicable law. Nothing in this Section or elsewhere in these Terms is intended to create rights enforceable by any third party.

• 21.1.3. You acknowledge and agree that SCALIBIT will not be liable to you or your end users for any action taken to remove or restrict access to Services based on an alleged violation of the Acceptable Use Policy (AUP), or any action taken in good faith pursuant to 47 U.S.C. § 230(c)(1) and § 230(c)(2) (Communications Decency Act) or the DMCA.

• 21.1.4. SCALIBIT may, at its sole discretion, immediately terminate your Account and access to the Services if your conduct, or that of your end users or downstream customers, violates our Policies (see Section 8 — Acceptable Use and Anti-Spam Policies). We respect the intellectual-property rights of all parties and maintain a repeat-infringer termination policy under the DMCA (see Section 28 — Intellectual Property Infringement and DMCA Notifications).

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

  SCALIBIT enforces a zero-tolerance policy toward any child sexual abuse material (CSAM), child pornography, child erotica, or any form of sexual exploitation of minors. Any content that is found to be — or reasonably appears to be — in violation of these laws will be disabled immediately upon detection or verified notice.

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

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

  Consistent with applicable local, federal, and international child protection laws, SCALIBIT cooperates with competent law-enforcement authorities, prosecutors, and courts. Where legally required, SCALIBIT may preserve and disclose only limited administrative records (such as customer identification, service allocation, and account activity timestamps), strictly within the scope permitted by law.

  SCALIBIT does not collect, retain, or have access to any content-level or network-level data (including packet captures, traffic logs, or system images). Any forensic preservation or seizure of servers, network equipment, or data must be conducted directly by the relevant data center operator or network infrastructure provider in accordance with applicable legal procedures.

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

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

  Reports sent to abuse-reports@scalibit.com are treated with highest priority. Upon verified knowledge, SCALIBIT will disable access, preserve necessary administrative records, and submit reports to NCMEC as required by law. Responses to an abuse notification should be sent to abuse-reports@scalibit.com. Legally authorized requests from law-enforcement agencies must be directed to legalrequests@scalibit.com.

  Immediate Preservation & Destruction: Upon a verified CSAM detection, SCALIBIT reserves the right to immediately isolate the affected environment and preserve limited administrative and service-related records lawfully available to SCALIBIT, and to coordinate lawful disclosure with NCMEC or competent law enforcement authorities without notifying the Customer. Any forensic imaging, content preservation, or seizure of servers, storage, or data must be performed directly by the relevant data center operator or network infrastructure provider in accordance with applicable legal procedures. Once the lawful hand-off and coordination process is complete, the Service may be permanently terminated and decommissioned. The Customer acknowledges that no data recovery will be possible and no liability shall attach to SCALIBIT for such permanent deletion.

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

• 21.1.7 AI-Generated, Synthetic, Deepfake, and Manipulative Content

  Any content that is created, assisted, modified, generated, synthesized, or transformed using artificial intelligence (“AI”), machine learning (“ML”), deep neural networks, generative models (including LLMs), face-swap or voice-cloning technologies, AI simulation engines, automated content generation systems, or similar tools — including but not limited to text, audio, video, images, animations, and documents (“AI-Generated Content”) — is classified as User Content under this Agreement and is fully subject to all applicable obligations, liabilities, and takedown requirements.

  Strictly prohibited AI-generated or synthetic content includes (whether real, simulated, or fictional):

  • Any AI-generated, manipulated, or synthetic depiction of minors in sexual, abusive, exploitative, or inappropriate contexts — including fictional, cartoon, rendered, synthetic, or “deepfake” CSAM — which constitutes an aggravated violation.

  • Deepfakes, biometric replication, voice or face-cloning, or identity manipulation intended to deceive, impersonate, defraud, or mislead individuals or the public — including political impersonation, CEO fraud, or synthetic identity attacks.

  • AI-generated documents (IDs, passports, certificates, invoices, contracts) or synthetic digital assets used for fraud, verification scams, social engineering, KYC bypass, or identity theft.

  • AI-powered malware creation, exploit generation, vulnerability automation, or any synthetic content used to facilitate unauthorized system access, cybercrime, or offensive security without explicit legal authorization.

  • AI-generated misinformation, synthetic news, election interference material, or manipulated political content designed to artificially influence public opinion without lawful disclosure and transparency labeling.

  • AI-generated content used for mass deception, spam automation, coordinated harassment, phishing, impersonation, or large-scale manipulation.

  Transparency and Disclosure Requirement.
  Synthetic media, including AI-generated or altered content involving real individuals, identities, public figures, or sensitive matters must include clear and conspicuous labeling, disclaimers, or watermarking where required by applicable laws and regulations (including EU AI Act, FTC Synthetic Media Guidance, UK Online Safety Act, and U.S. Executive Order on AI Safety).

  Customer Responsibility.
  SCALIBIT does not create, verify, endorse, monitor, or validate any AI-generated content hosted, transmitted, or processed via its infrastructure. The Customer bears full legal, regulatory, ethical, and compliance responsibility for such content — including obligations related to privacy, biometric data protection, intellectual property, identity rights, election compliance, and synthetic media transparency. SCALIBIT assumes no liability for AI-generated content except where required by law.

  Enforcement.
  Upon credible notice, valid complaint, or lawful request, SCALIBIT may — at its sole discretion — remove or disable access to prohibited AI-generated content, suspend affected servers, revoke IP allocations, or terminate Services without refund. In cases involving potential criminal, regulatory, or high-risk violations, SCALIBIT may preserve minimal administrative records and, where legally required, notify competent authorities in accordance with Section 37 (Information Requests & Legal Compliance).

  For the avoidance of doubt, SCALIBIT does not train, fine-tune, ingest, or reuse any Customer or User Content — including AI-generated content — for the development of any artificial intelligence or machine learning models.

21.2 Communications Decency Act (CDA) & DMCA Compliance Summary

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

• 21.2.1 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.

• 21.2.2 SCALIBIT’s CDA Protection

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

• 21.2.3 Customer DMCA Responsibilities

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

• 21.2.4 Content Removal Process

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

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

• 21.2.5 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.

• ---

  21.2.6 Definition of “Service Provider”

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

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

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

  SCALIBIT does not act as the designated DMCA Agent for any Customer operating as a Service Provider and assumes no obligation to receive, evaluate, or respond to infringement notices on the Customer’s behalf.

• 21.2.7 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.

• 21.2.8 Content Access Disabling Process

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

  Safe Harbor Protection: You acknowledge that SCALIBIT’s actions in disabling access to alleged infringing or illegal material are protected under Section 230(c)(2) of the CDA and the DMCA Safe Harbor provisions. You hereby waive any claim for lost profits, loss of business, or data unavailability arising from SCALIBIT’s compliance with these legal frameworks.

• 21.2.9 Additional CDA Clarification

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

• 21.2.10 Extended Access Disabling Process

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

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

21.3 Content That You Make Publicly Available

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

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

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

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

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

21.4 Security

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

22. SCALIBIT’S USE OF USER CONTENT

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

22.1 In General

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

22.2 User Submissions & User Reviews

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

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

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

22.2.4 By submitting or posting User Submissions or Reviews, you grant SCALIBIT a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, display, adapt, translate, distribute, and publish such material solely in connection with the operation, improvement, or promotion of SCALIBIT’s Services (including testimonials, feedback highlights, or service-related marketing), without requiring additional consent or payment to you.

Publicity Rights: By submitting a User Review, You grant SCALIBIT the right to use Your first name, city, and/or company name (if provided) in connection with the publication of such Review for marketing and promotional purposes. You acknowledge that public reviews are considered non-confidential.

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

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

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

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

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

Support Data Usage: Any technical logs, configuration snippets, error outputs, or diagnostic information voluntarily submitted by the Customer through the Support Ticket system are used solely for troubleshooting, incident resolution, and Service improvement. Such data is handled in a limited, purpose-bound, and non-content-inspective manner. SCALIBIT may use anonymized and aggregated technical patterns derived from such submissions to enhance its documentation, knowledge base, or automated support tooling, but will never disclose Customer-identifiable information, credentials, payload data, or private content to third parties.

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

No AI Training on Private Data: For the avoidance of doubt, SCALIBIT does not use, scrape, or process any User Content hosted on Customer-managed servers or private infrastructure to train, fine-tune, or develop any artificial intelligence or machine learning models. Your private data remains Your exclusive property and is treated as confidential within the limits of SCALIBIT’s Privacy Policy.

23. STORAGE AND SECURITY

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

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

API and Token Security: You acknowledge that any API keys or access tokens generated through your Account grant full administrative access to Your Services. You are solely responsible and liable for all actions, resources provisioned, and data accessed through Your API keys, regardless of whether such actions were performed by You or by any third party who obtained access due to Your failure to safeguard such credentials. SCALIBIT recommends rotating credentials regularly and using IP-restricted API access where available.

You are solely responsible for taking appropriate measures to: (i) prevent any loss or damage to your Content; (ii) maintain independent archival and backup copies of your Content; (iii) ensure the security, confidentiality, and integrity of your Content transmitted to or stored on SCALIBIT’s infrastructure; and (iv) protect the confidentiality of your credentials and access tokens. SCALIBIT’s servers are not designed to function as a data archive or long-term backup service.

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

No Liability for Advanced Threats: SCALIBIT shall not be liable for security breaches, data exposure, or service disruption arising from unknown or undisclosed software vulnerabilities (including Zero-Day exploits), third-party software or hardware defects, supply-chain compromises, force majeure events, or sophisticated attacks (including state-sponsored or highly advanced persistent threats) that exceed commercially reasonable and industry-standard security measures.

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

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

In the event of any suspected or confirmed security violation, SCALIBIT reserves the right to: (i) immediately suspend or terminate your Account; (ii) notify system administrators at affected networks or facilities; and (iii) cooperate with law enforcement, regulatory authorities, and recognized incident response organizations. SCALIBIT may disclose only such customer account information, service metadata, IP allocation records, and access logs as are lawfully available to SCALIBIT, and solely upon receipt of a valid and verifiable legal request or where required to mitigate an active security threat, in accordance with applicable data protection and privacy laws.

Emergency Lockdown: In the event of a suspected compromise or an ongoing attack originating from Your Account, SCALIBIT reserves the right to initiate an immediate "Lockdown" or "Emergency Shutdown" of Your Services without prior notice. This action is taken to prevent further damage to SCALIBIT’s infrastructure and the Internet at large. SCALIBIT shall not be liable for any downtime or data loss resulting from such defensive measures.

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

24.1 Customer Sole Responsibility; No Backup Service

SCALIBIT does not provide, perform, or guarantee any backup service for any service category. This includes, without limitation: 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

Your use of SCALIBIT’s Services and the storage of data thereon is at your sole risk. You agree to take full and exclusive responsibility for all files and data transferred to and stored on SCALIBIT servers, and to maintain all appropriate independent, off-site backups of your files and data at all times. SCALIBIT is not responsible for files and/or data residing on your account, regardless of the cause of loss.

SCALIBIT makes no guarantee or warranty as to the date, accuracy, integrity, completeness, currency, or availability of any data or files.

It is solely the Customer’s duty and responsibility to back up all files and data stored on SCALIBIT servers. Under no circumstances shall SCALIBIT be liable, under any legal theory, for the loss, corruption, or unavailability of Customer files or data.

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.

Redundancy is Not Backup: The Customer acknowledges that hardware-level redundancy measures such as RAID (Redundant Array of Independent Disks), mirroring, or high-availability clusters are implemented for service continuity and uptime purposes only. RAID is NOT a backup solution. RAID does not protect against data corruption, accidental deletion, hacking, or software-level errors. The Customer remains solely responsible for maintaining external, point-in-time backups.

24.2 Data Retention and Deletion upon Termination

For all SCALIBIT Services, upon suspension, expiration, cancellation, or termination (including for non-payment or AUP violation), all data is permanently deleted as part of automated deprovisioning processes and is not recoverable through standard operational means. SCALIBIT does not retain any post-termination backups or archival copies. IP addresses (IPv4/IPv6) may be reassigned to other customers immediately after cancellation or termination.

In the event that a paid backup, snapshot, or data protection service is offered in connection with server services — which may not be available at all times or may be available only in certain server locations — such service, if purchased, is provided strictly on a best-effort, no-warranty basis. The availability of any backup feature does not alter the Customer’s primary and exclusive obligation to maintain independent, off-site backups at all times. No guarantee is made regarding backup frequency, completeness, integrity, retention, or successful restoration.

The "Instant Purge" Policy: The Customer acknowledges that SCALIBIT’s automated systems are designed to re-image and wipe drives immediately upon service termination to protect the privacy of the next customer. No data "grace period" exists after the service end date.

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

24.3 No Liability for Data Loss or Damages

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

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

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

Exclusion of Negligence: To the maximum extent permitted by applicable law, this exclusion of liability for data loss applies even if the loss is caused by SCALIBIT’s own negligence, technical error, or administrative mistake. By using the Services, You expressly waive the right to seek damages for data loss under any legal theory, including but not limited to contract, tort, or strict liability. If SCALIBIT attempts to assist in data recovery, such assistance is provided as a voluntary courtesy without any guarantee of success or assumption of liability.

25. THIRD-PARTY PRODUCTS AND SERVICES

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

25.1 Third-Party Providers

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

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

25.2 SCALIBIT’s Non-Exclusive Right to Use

If you have been granted permission or the ability to use software from SCALIBIT, SCALIBIT grants you a limited, non-exclusive, non-transferable, and non-assignable right to use the software for ordinary and customary purposes. You may use the software solely within the scope of the Service or system for which it is provided. You agree not to alter, modify, reverse-engineer, decompile, or otherwise attempt to obtain the source code. You are not authorized to combine the software with other programs, create derivative works, or integrate plug-ins or enhancements relying upon the software.

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

25.3 SCALIBIT as Reseller or Licensor

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

SCALIBIT does not provide technical support, maintenance, updates, or warranties for Non-SCALIBIT Products beyond any obligations expressly stated by the original manufacturer or licensor.

Third-Party Price Fluctuations: SCALIBIT reserves the right to adjust the pricing of Third-Party Products (such as software licenses or external storage fees) at any time to reflect price increases imposed by the original manufacturers or licensors. Such price adjustments do not constitute a breach of this Agreement.

25.4 Third-Party Software Use

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

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

Customer-Installed Software: If You install any third-party software on Your Account, You represent and warrant that You have the legal right to use such software. SCALIBIT is not responsible for any security breaches or system instabilities caused by software installed by the Customer. If Customer-installed software causes harm to SCALIBIT’s network or other users, SCALIBIT may remove the software or suspend the Service immediately without notice.

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

SCALIBIT reserves the right to prohibit or remove any third-party software that poses a security, stability, compliance, or legal risk, including but not limited to cryptocurrency miners, cracking tools, kernel-level modules, exploit frameworks, or software designed to bypass system or license controls.

End-of-Life (EOL) Software: SCALIBIT reserves the right to discontinue support or remove any third-party software that has reached its "End-of-Life" or is deemed a security risk by the developer. The Customer is responsible for migrating their data to a supported version at their own expense.

25.5 Third-Party Websites

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

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

26. THIRD-PARTY CONTENT

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

Reseller Responsibility: You acknowledge that any breach of this Agreement or SCALIBIT’s Policies by Your third-party users or advertising clients shall be deemed a breach by You. The Customer may not rely on defenses such as lack of knowledge, lack of intent, or unauthorized sub-user activity to avoid responsibility under this Agreement. You are responsible for ensuring that all third parties using Your allocated resources comply with this Agreement.

Third-Party Indemnification: You agree to defend, indemnify, and hold SCALIBIT harmless from any third-party claims, lawsuits, or regulatory penalties arising from content or activities originated by Your sub-users or advertising clients. If a sub-customer’s or downstream user’s activity results in a legal demand, abuse complaint, or service disruption, SCALIBIT reserves the right to terminate Your entire account, including all associated sub-accounts, without refund.

27. PRIVACY

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

Non-Notification of Disclosure: In accordance with applicable criminal procedure and national security laws, SCALIBIT may be prohibited from notifying the Customer when their information or lawfully available service-related records are provided to law enforcement or government authorities. You hereby waive any right to be notified of such disclosures when restricted by law.

You acknowledge and agree that SCALIBIT may, at its sole discretion, modify the Privacy Notice from time to time. By continuing to use the Services after such modifications become effective, you accept the updated terms. If you do not agree to any such modification, you may discontinue use of the Services or terminate this Agreement in accordance with its terms. Fees already paid are non-refundable, except where otherwise required by applicable law.

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

Data Processing Capacity: The Customer acknowledges that with respect to hosted content and data stored on the Services, the Customer acts as the "Data Controller" and SCALIBIT acts as a "Data Processor" solely with respect to the provision of the Services. SCALIBIT has no direct relationship with the Customer’s end-users and shall not be responsible for responding to individual data access or deletion requests from such third parties. It is the Customer's sole duty to manage all such requests under applicable data protection laws (e.g., GDPR).

28. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS

28.1 DMCA Copyright

SCALIBIT does not permit copyright-infringing activities or violations of intellectual property rights on its infrastructure or Services. Pursuant to the safe-harbor provisions established by the Digital Millennium Copyright Act of 1998 (“DMCA”) and equivalent international laws, SCALIBIT will take prompt and appropriate action upon receipt of a valid, complete, and verifiable notice of infringement. For detailed procedures, please refer to our DMCA Copyright Policy. Such action may include notifying the relevant customer, requesting removal of the infringing material, and, if no corrective action is taken within the specified timeframe, temporarily suspending or disabling access to the affected service. SCALIBIT does not directly modify or delete customer content except where required by applicable law, court order, or valid DMCA or equivalent legal process.

28.2 Trademark or Copyright Claims

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

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

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

Mistaken Takedown Liability: SCALIBIT shall not be liable to the Customer for any loss of business, data, or revenue resulting from SCALIBIT’s good-faith removal or disabling of access to material in response to a DMCA notice, even if the material is later determined to be non-infringing.

28.3 Limited Scope of SCALIBIT’s Control Over Customer Systems

SCALIBIT’s role is limited to relaying valid legal or DMCA notices to the affected customer and ensuring timely compliance under applicable law. For all service types — including 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) — SCALIBIT does not alter, edit, or interfere with customer content. The Customer is responsible for investigating and remediating any reported material within forty-eight (48) hours of notice, unless a shorter response time is required by applicable law or court order.

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

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

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

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

For AI, GPU & Specialized Compute Hosting services (including GPU Cloud Instances, AI Training Clusters, HPC Nodes, and Dedicated AI Bare Metal Servers), SCALIBIT does not have access to, nor the ability to examine, monitor, decode, or review any stored, hosted, or transmitted datasets, model checkpoints, training logs, or generated outputs — whether encrypted, proprietary, licensed, or custom-trained by the Customer.

SCALIBIT’s role is strictly limited to forwarding valid DMCA or legal notices to the Customer. The Customer bears full responsibility to examine relevant content, investigate possible infringement, and take necessary corrective actions — including content removal, dataset adjustment, retraining, or service suspension — within the specified timeframe.

If the Customer fails to respond or remediate within forty-eight (48) hours (or within a shorter timeframe where required by applicable law or court order), SCALIBIT may — without accessing, inspecting, or altering the substance of any user data or datasets — temporarily suspend network access, restrict public exposure (e.g., disable HTTP/FTP/SSH ingress/egress), or fully disable the affected AI/GPU system until compliance is confirmed. SCALIBIT does not analyze datasets or generated outputs for originality, infringement detection, or fair-use claims.

Emergency Take-Down: Notwithstanding the 48-hour notice period, SCALIBIT reserves the right to disable access immediately and without prior notice if the reported infringement is of a severe or time-sensitive nature, or if SCALIBIT determines that delay could result in significant legal liability or network disruption.

28.4 AI-Generated, Synthetic, and Automated Content in Copyright & DMCA Context

Any content that is created, co-created, modified, assisted, or transformed using artificial intelligence (AI), machine learning (ML), large language models (LLMs), generative models, or synthetic media tools — including, but not limited to, text, code, audio, video, images, animations, or other multimedia (“AI-Generated Content”) — is treated as User Content for purposes of this Agreement and is subject to the same intellectual-property, DMCA, and takedown rules as any other Customer content.

Customer Responsibility. SCALIBIT does not review, validate, or determine authorship, originality, or protectability of AI-Generated Content and does not provide legal advice regarding whether such content is eligible for copyright protection in any jurisdiction. You are solely responsible for ensuring that any AI-Generated Content you create, host, or distribute via the Services:

• Does not unlawfully reproduce, closely imitate, or derive from third-party works (including training materials, proprietary datasets, copyrighted text, music, images, videos, trademarks, or logos) in a way that infringes applicable copyright, trademark, or related rights.

• Does not violate moral rights, personality rights, privacy or publicity rights, or any contractual or licensing restrictions applicable to the source material used to produce such AI-Generated Content.

• Is used, labeled, and disclosed in compliance with all applicable laws, regulations, and platform rules governing synthetic media, deepfakes, manipulative content, or automated messaging — including election integrity rules, consumer-protection standards, and transparency requirements where applicable.

Rights-holders may submit DMCA or similar takedown notices with respect to AI-Generated Content on the same basis as non-AI content. SCALIBIT will handle such notices in accordance with its DMCA Copyright Policy and applicable law, without undertaking any independent originality or fair-use analysis beyond what is required to process a valid notice or counter-notice.

You acknowledge that using SCALIBIT Services to train, fine-tune, or operate AI systems — or to mass-generate content — does not transfer any third-party intellectual property rights to you, and does not grant you any license to reuse copyrighted or protected material beyond what is permitted by law or applicable licenses. Any dispute regarding whether AI-Generated Content constitutes fair use, a derivative work, or an infringement is strictly between you and the relevant rights-holder. SCALIBIT’s role remains limited to that of a neutral infrastructure provider operating under applicable safe-harbor frameworks.

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

SCALIBIT does not review, monitor, pre-screen, or verify whether any AI-generated datasets, training sources, model outputs, or synthetic media infringe third-party rights or qualify as fair use, derivative work, or non-infringing material. SCALIBIT has no obligation to monitor customer content or make independent legal assessments. Any determination regarding copyright ownership, infringement, derivative use, licensing, or lawful usage remains strictly between the Customer and the rights-holder. SCALIBIT is not a party to such disputes and acts solely as a neutral infrastructure provider under applicable safe-harbor protections.

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

Indemnification for IP Claims: The Customer agrees to indemnify and hold SCALIBIT harmless from any and all costs, legal fees, and damages arising from third-party claims that User Content (including AI-Generated Content or training datasets) infringes upon any intellectual property, privacy, or publicity rights. This indemnity applies, to the maximum extent permitted by applicable law, regardless of whether the infringement was intentional or caused by automated AI processes.

29. ABUSE, SPAM & ENFORCEMENT; LIQUIDATED DAMAGES

Unless otherwise expressly stated, this Section 29 (Abuse, Spam & Enforcement; Liquidated Damages) applies to all SCALIBIT Services, including but not limited to 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

29.1 Overview

SCALIBIT enforces a strict zero-tolerance policy against spam, network abuse, malicious activity, or any conduct that may compromise the security, stability, or reputation of its infrastructure or other customers. SCALIBIT operates a dedicated Abuse Desk and relies on abuse reports, reputation signals, and infrastructure-level alerts (including notifications provided by upstream data centers, carriers, DDoS mitigation partners, and third-party blocklist operators) to preserve the integrity of its services. SCALIBIT does not inspect content payloads, perform packet capture, or maintain per-customer traffic-flow logs.

29.2 Definition of Spam and Prohibited Communications

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

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

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

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

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

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

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

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

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

29.3 Enforcement Actions

If SCALIBIT reasonably determines that a Service is used in connection with spam, abuse, or prohibited activity, it may take immediate enforcement action — including, but not limited to, null-routing, re-routing, rate-limiting, suspension, or termination of the affected Services. This applies to all SCALIBIT offerings: 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments).

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

SCALIBIT reserves the right, but assumes no obligation, to investigate, respond to, or enforce compliance with this Agreement, including the Acceptable Use Policy (AUP), based on complaints, credible reports, or infrastructure-level alerts. Corrective or enforcement actions may include immediate suspension, throttling, or termination of Services to protect network stability and customers.

Abuse handling, notification, and remediation procedures follow Section 28 (DMCA/Abuse Policy). Customers are responsible for monitoring their registered contact address and responding within the defined timeframe.

29.3.1 Specialized Compute, GPU & Automated Abuse

For the avoidance of doubt, all high-performance compute services — including but not limited to GPU-equipped servers, high-frequency or high-core-count CPUs, and clusters used for AI, ML, LLM, or data-processing workloads — are fully subject to this Section 29, the Acceptable Use Policy, and the Anti-Spam & Abuse Policy. Use of SCALIBIT infrastructure for any of the following purposes is strictly prohibited and may result in immediate enforcement action without prior notice:

• Operating, controlling, or participating in botnets, DDoS “booter” or “stresser” services, credential-stuffing farms, brute-force clusters, vulnerability-scanning grids, or any other automated attack infrastructure — whether CPU- or GPU-accelerated.

• Running unauthorized cryptocurrency mining, proof-of-work / proof-of-capacity activities, or similar energy-intensive workloads in violation of SCALIBIT policy, upstream data center terms, or local regulations governing power usage and environmental or safety standards. Where mining is expressly prohibited by the applicable data center, jurisdiction, or SCALIBIT product description, any such activity is considered a material breach of this Agreement.

• Using AI, ML, LLMs, headless browsers, or other automated agents to conduct large-scale scraping, harvesting, or abusive interaction with third-party services, websites, or APIs in a manner that violates those services’ terms of use, applicable law, or reasonable rate limits, or that causes disruption or denial of service.

• Training, fine-tuning, hosting, or serving AI/ML/LLM models that are primarily designed or systematically used to generate, amplify, or distribute: (i) phishing campaigns or fraud schemes; (ii) malware, exploit code, or instructions intended to facilitate cybercrime; (iii) non-consensual deepfakes, doxing material, targeted harassment, or coordinated disinformation; or (iv) content that violates SCALIBIT’s zero-tolerance policies for CSAM, terrorism, or extreme violence (see Sections 17 and 21).

• Using SCALIBIT GPU, AI, or Specialized Compute infrastructure to orchestrate automated spam or messaging bots (including AI-generated phishing, bulk outreach tools, or automated account-creation systems) in violation of Section 18 (Acceptable Email Usage) and Section 17 (Acceptable Use Policy).

In cases of suspected Specialized Compute or GPU abuse, SCALIBIT may, in its sole discretion and without prior notice, immediately null-route traffic, request rate-limiting, power off, or suspend the affected IPs, virtual machines, or dedicated servers; and coordinate with upstream data centers, carriers, or DDoS mitigation providers to contain the incident. Such measures may be taken before or in parallel with customer notification where necessary to protect network integrity, other customers, or third parties.

SCALIBIT may, where appropriate, permanently restrict or revoke access to GPU, AI, or other Specialized Compute products for any Customer involved in such abuse, in addition to the liquidated damages, remediation fees, and termination rights set forth in Sections 10, 17, 18, and 29.5 of this Agreement. Nothing in this Section limits SCALIBIT’s right to report suspected criminal activity to competent authorities or to cooperate with law enforcement under Section 37 (Legal & Law Enforcement Requests for Customer Information).

Automated Termination & Network Protection Measures: For high-risk abuse scenarios — including but not limited to active DDoS attacks, participation in botnets, malware distribution, large-scale spam campaigns, network scanning, or other activities posing an immediate threat to infrastructure stability — SCALIBIT’s automated security systems and/or enforcement mechanisms implemented by its upstream data center providers and network operators may immediately suspend, restrict, null-route, rate-limit, or terminate affected services without prior manual review. The Customer acknowledges that rapid automated enforcement may be necessary to protect network integrity, upstream infrastructure, and other customers. Such actions may be triggered by automated detection and mitigation systems operated by SCALIBIT, its upstream providers, or third-party security and DDoS mitigation partners.

29.4 Incident Notification & Cooperation

For incidents involving customer-managed environments — 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes), SCALIBIT’s responsibility is strictly limited to its own underlying infrastructure and network integrity. All remediation, investigation, and resolution duties — including security response, malware removal, compliance reporting, and breach notification—rest solely with the Customer (see Section 16).

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

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

29.5 Remedies, Damages, and Fees

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

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

Right to Offset: SCALIBIT reserves the right to automatically deduct any liquidated damages, blacklist fees, or remediation costs from the Customer’s existing account balance or charge the registered payment method. Failure to pay these fees within 24 hours of notification will result in the immediate termination of all other active Services under the same Account, without refund.

Pass-Through Penalties: If a Customer's abuse results in SCALIBIT being fined or penalized by an upstream data center, network provider, or regulatory body, the Customer shall be responsible for the full amount of such fine plus an administrative surcharge of 20%.

IP Reputation Repair & Full Cost Liability. To the maximum extent permitted by applicable law, in addition to liquidated damages and remediation fees, the Customer shall be fully liable for all costs arising from abuse or spam incidents originating from its Services or assigned IP addresses, including but not limited to: (i) all administrative, technical, and labor costs incurred by SCALIBIT; (ii) all fines, penalties, or surcharges imposed by upstream data centers, network providers, or transit carriers; (iii) third-party IP de-listing and Real-time Blackhole List (RBL) removal fees; and (iv) all technical expenses required to restore the reputation of affected IP ranges. Such liability shall be absolute and shall survive termination or cancellation of the Account or Services.

Indemnification & Legal Defense. The Customer agrees to indemnify, defend, and hold harmless SCALIBIT, its affiliates, directors, officers, employees, contractors, and upstream infrastructure providers from and against any and all claims, damages, liabilities, regulatory actions, fines, penalties, settlements, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to spam, abuse, unlawful activity, or violations of this Agreement or the Anti-Spam & Abuse Policy originating from the Customer’s Services or IP addresses. SCALIBIT shall have the right to select and control its legal counsel and defense strategy at the Customer’s sole expense.

29.6 Legal Cooperation and Evidence Preservation

SCALIBIT may disclose limited administrative records — such as customer identification details, service allocation records, account activity timestamps, or IP assignment logs — strictly in response to a valid, lawful, and binding request from a competent court or authority. All disclosures are limited to the minimum scope necessary to satisfy the lawful request and are handled in accordance with applicable privacy, data-protection, and due-process laws.

For all service types — 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 AI, GPU & Specialized Compute Hosting (GPU Cloud Instances, Dedicated GPU Servers, Multi-GPU AI Training Clusters, High-Compute HPC Nodes, AI-Oriented Bare Metal Deployments) — SCALIBIT’s access is limited exclusively to administrative service metadata and infrastructure-level allocation records.

SCALIBIT does not collect, retain, or have access to any customer content-level or network payload data, including packet captures, connection traces, GPU/CPU job execution logs, application logs, website files, email content, storage contents, or snapshots. Any forensic preservation, evidence retrieval, or inspection of content, compute logs, or network traffic — where legally permitted — must be carried out directly by the underlying data center or network infrastructure provider in accordance with applicable legal procedures.

Where legally permissible, SCALIBIT will make commercially reasonable efforts to notify the Customer prior to any disclosure of administrative records, unless prohibited by law, protective orders, or confidentiality restrictions.

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

30. ADDITIONAL RESERVATION OF RIGHTS

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

• (i) to correct any error, misconfiguration, or issue related to the setup, provisioning, or delivery of Services;

• (ii) to protect the security, integrity, and operational stability of SCALIBIT’s network, infrastructure, systems, or other customers;

• (iii) to investigate, prevent, or mitigate actual or suspected fraudulent, abusive, negligent, or unlawful activity;

• (iv) to comply with applicable local, national, or international laws, regulations, or lawful orders (including subpoenas, warrants, or court directives);

• (v) to satisfy or comply with any dispute resolution, registry, or regulatory requirement;

• (vi) to enforce the terms of this Agreement, the Acceptable Use Policy (AUP) , or any other applicable policy;

• (vii) to address non-payment, chargebacks, billing disputes, or suspected financial irregularities;

• (viii) to respond to or defend against any legal claim, threat, or proceeding, whether or not such action is ultimately found to have merit; or

• (ix) to avoid, reduce, or mitigate any civil, criminal, financial, or regulatory liability for SCALIBIT, its affiliates, directors, officers, employees, contractors, or agents.

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

Investigation Surcharge and Waiver: If SCALIBIT exercises its rights under this Section due to suspicious activity, SCALIBIT reserves the right to charge an administrative investigation fee of $50 USD per hour only where such investigation is reasonably required due to the Customer’s actions, omissions, or violations of engineering or legal time spent, which must be paid before Service restoration. The Customer expressly waives any right to claim "wrongful termination" or "breach of contract" in cases where SCALIBIT acts in good faith to protect its network, reputation, or legal standing, even if the underlying suspicion is later proven to be incorrect.