I spoke with someone over the phone as well at Neuimex and we came up with a time frame of "an average of at least 15 minutes per trade" in order to be considered not scalping. In other words, if the majority of your trades last a few hours or a few days, they would tolerate a few 5-10 minute trades, but not too many 10 second round trips.

He was very vague about the actual time needed to be considered not scalping. I think it has to do with the time of day, the volume being traded, the volatility, and what currency it is, though I'm still not sure. I haven't gotten into any more trouble since keeping my average above 15 minutes, though I would love to be able to not have any time restraints....

Hope this helps.