SCALESTA ACCEPTABLE USE POLICY (AUP)

This Acceptable Use Policy ("AUP" or "Policy") constitutes an integral part of the Scalesta Terms of Service ("Agreement"). All capitalized terms not expressly defined herein shall have the meanings ascribed to them in the Agreement. By accepting the Agreement, you ("Client") agree to be bound by the terms of this AUP in full. The provisions of this AUP are designed to ensure the secure, reliable, and efficient operation of the Server Infrastructure and Services for all Clients, to protect the network integrity, and to define the boundaries of acceptable conduct.

2.1. Lawful Use. The Client shall use the Services exclusively for lawful purposes. The Client is solely responsible for determining whether the use of the Services complies with all applicable laws, regulations, and directives in the Client's jurisdiction, the jurisdiction where the Server Infrastructure is located, and under the laws of the Republic of Uzbekistan, the United States, the European Union, and the United Kingdom.

2.2. Third-Party Rights. The Client warrants that all Client Content and its use of the Services do not and will not infringe upon, misappropriate, or otherwise violate any intellectual property, privacy, publicity, or other proprietary rights of any third party.

2.3. Primary Responsibility. The Client's obligation to be solely and fully responsible for Client Content, as set forth in Section 6.1 of the Agreement, is paramount. This includes ultimate responsibility for its security, accuracy, legality, and for ensuring the functionality and security of any application, CMS, plugin, or eCommerce platform deployed on the Server Infrastructure.

The following activities are expressly prohibited and constitute a material breach of this AUP and the Agreement:

3.1. Illegal or Harmful Content: Storing, distributing, or linking to content that is unlawful, defamatory, fraudulent, tortious, obscene, pornographic (including illegal adult content), threatening, abusive, or that promotes violence, hatred, or discrimination.

3.2. Security Violations:
a. Accessing or attempting to access any system, server, data, or account for which the Client has no authorization.
b. Probing, scanning, or testing the vulnerability of any Server Infrastructure or network without explicit prior written consent from Scalesta.
c. Interfering with, disrupting, or overloading the Services, Server Infrastructure, or networks connected to them, including via Distributed Denial of Service (DDoS) attacks, flooding, or mail bombing.
d. Distributing or creating malware, viruses, Trojan horses, worms, ransomware, spyware, or other harmful or destructive code.
e. Engaging in phishing, spamming, or other deceptive or fraudulent activities.

3.3. Network and System Abuse:
a. Operating network services like open proxies, open mail relays, TOR exit nodes, or VPN endpoints not explicitly authorized for public use.
b. Utilizing Internet Relay Chat (IRC) or peer-to-peer (P2P) file-sharing networks in a manner that impacts other clients.
c. Cryptocurrency Mining: Any activity related to cryptocurrency mining is strictly prohibited due to its excessive resource consumption.
d. Any activity that, in Scalesta's sole reasonable judgment, threatens the stability, performance, or security of the Server Infrastructure for other clients.

3.4. Email and Communication Abuse (Spam): Sending, assisting in, or commissioning the sending of unsolicited bulk or commercial email ("spam"). Maintaining an open SMTP relay is prohibited. All mailing lists must be permission-based (opt-in) and include a functional unsubscribe mechanism. The Client is solely responsible for the reputation of its mail servers and must comply with laws such as CAN-SPAM and GDPR.

3.5. Export Control & Sanctions Violations: Any use of the Services that breaches the Client's representations, warranties, and covenants under Section 8 (Export Control and Sanctions Compliance) of the Agreement. This includes, but is not limited to, use originating from or for the benefit of individuals or entities in comprehensively sanctioned territories, or for any prohibited end-uses related to weapons of mass destruction or terrorism.

4.1. Principle of Fair and Reasonable Use. While Managed Hosting plans offer scalability, resources (CPU, RAM, I/O, storage, network bandwidth, and database connections) are intended for the normal operation of business-critical websites and applications, such as eCommerce and high-load projects.

4.2. Excessive Consumption. Consistent consumption of resources that negatively impacts the performance or stability of the shared underlying hardware or network is prohibited. Scalesta reserves the right to monitor resource utilization. If consumption is deemed excessive or disruptive, Scalesta may take immediate action to protect the Server Infrastructure, which may include, but is not limited to: (i) throttling; (ii) imposing temporary resource limits; (iii) requesting the Client to upgrade its service plan; or (iv) suspension or termination of Services as per Section 10 of the Agreement.

4.3. Specific Provisions for Service Types:
a. Ancillary Services (e.g., Image CDN, Performance Testing) are subject to the specific fair usage policies and quantitative limits detailed on their respective service pages on scalesta.com.
b. Expert & DevOps Services are governed by a separate Statement of Work (SOW). Any tools, access, or configurations provided during such engagements must not be used to circumvent this AUP.

5.1. Client's Compliance Obligation. The Client is solely responsible for ensuring that its use of the Services and its handling of Client Content complies with all applicable data protection laws (e.g., GDPR), industry standards (e.g., PCI DSS), and sector-specific regulations.

5.2. Regulated Industries. For websites or applications operating in regulated industries (e.g., financial services, online gambling, pharmaceuticals, healthcare), Scalesta reserves the right to conduct enhanced due diligence. This may include requesting documentation proving the Client's legal right to operate such a business. Failure to provide satisfactory evidence may result in service refusal or termination.

5.3. Adult Content. Hosting legally permissible adult content requires prior written approval from Scalesta. The Client must contact Scalesta before deploying such content. Approval is granted at Scalesta's sole discretion and may be subject to additional conditions.

6.1. Right to Investigate. Scalesta reserves the right to investigate any suspected violation of this AUP. This investigation may include reviewing system and application logs, network traffic data, and relevant Client Content.

6.2. Corrective Actions. Upon determining a violation, Scalesta may take any corrective action it deems appropriate, in its sole discretion, without liability to the Client. Actions include:
a. Warning: Issuing a formal notice to cease the violating activity.
b. Temporary Suspension: Immediately suspending access to the Services or specific functions to prevent further harm.
c. Remediation & Grace Period: For non-malicious violations (e.g., unintentional resource overages), Scalesta may, at its discretion, provide a grace period (typically 24-72 hours) for the Client to remedy the situation.
d. Termination: Terminating the Agreement for material or repeated breaches, as per Section 10 of the Agreement.
e. Content Removal: Removing or disabling access to offending Client Content.
f. Legal Cooperation: Reporting violations to law enforcement and cooperating in any resulting investigation.

6.3. No Liability for Enforcement. Any action taken by Scalesta under this section shall be taken without liability to the Client, as expressly provided in Sections 9 and 10 of the Agreement.

Scalesta reserves the right to modify this AUP at any time to reflect changes in law, technology, business practices, or the threat landscape. Material changes will become effective thirty (30) days after the revised AUP is posted on the Scalesta website. The Client's continued use of the Services after the effective date of such changes constitutes acceptance of the modified AUP. The Client is responsible for reviewing this AUP periodically.

Suspected violations of this AUP should be reported immediately to team@scalesta.com. All reports should include detailed information (logs, URLs, headers, etc.) to facilitate investigation.