Acceptable Use Policy

01Introduction and Scope

This Acceptable Use Policy (“AUP”) sets out the rules for using services provided by Kloude Technologies, a registered business name of ASK CAPITAL PTY LTD (“Kloude”, “we”, “us” or “our”), including shared web hosting, Linux virtual private servers (VPS) and related network services.

This AUP forms part of our Terms of Service. It applies to all customers and to anyone who uses the Services through a customer's account, including the customer's own users.

Its purpose is to keep our infrastructure secure, stable and fair for all customers, and to prevent unlawful or harmful activity.

02Customer Responsibilities

You are responsible for all activity on your hosting account or VPS, including activity by your users, software and any compromised accounts. You must:

• keep operating systems, applications, plugins and credentials secure and up to date;
• act promptly to address security compromises, malware or abuse originating from your service;
• ensure your Customer Content and activities comply with applicable law;
• manage your resource usage within your plan's allocation and this AUP; and
• maintain independent backups of important data.

03VPS CPU Fair Use Policy

Kloude Compute operates high-performance AMD Ryzen virtualisation infrastructure. VPS customers are allocated virtual CPUs (vCPUs). Unless a plan is explicitly sold with dedicated physical CPU resources, vCPUs share underlying physical cores and do not provide exclusive ownership of them.

Definitions used in this policy:

• 100% CPU utilisation means full utilisation of the VPS's total allocated vCPU capacity. It does not mean 100% usage of the physical hosting server.
• The rolling 24-hour average and the continuous three-hour high-usage window are separate measurements.

Legitimate occasional activities, such as software installation, updates, compilation or short processing jobs, are generally permitted.

Where practical and appropriate, if usage raises a fair-use concern, Kloude may:

1. review resource utilisation;
2. contact you and explain the concern;
3. allow an opportunity to reduce resource consumption;
4. recommend a more suitable hosting plan;
5. apply proportionate CPU limitations where necessary to protect shared infrastructure; and
6. temporarily restrict service where excessive use creates significant operational risk.

Serious or immediate threats may require action without advance notice.

Review: Confirm how CPU usage will be monitored and measured, warning periods (if any), and how and when restrictions are lifted. No automated enforcement is currently described as operational.

04Standard VPS Resource Limits

• Full CPU usage is permitted for temporary bursts.
• Intended sustained CPU allowance: up to 30% average of the VPS's total allocated vCPU capacity, calculated over a rolling 24-hour period.
• Continuous usage at or near 100% of allocated CPU capacity for more than 3 hours may trigger a fair-use review.
• Usage above these thresholds is subject to review and is not necessarily an automatic violation.

Review: Confirm which VPS plans belong to the Standard VPS class, and any enforcement tolerance or monitoring grace period.

05Premium VPS Resource Limits

• Full CPU usage is permitted for temporary bursts.
• Intended sustained CPU allowance: up to 50% average of the VPS's total allocated vCPU capacity, calculated over a rolling 24-hour period.
• Continuous usage at or near 100% of allocated CPU capacity for more than 3 hours may trigger a fair-use review.
• Occasional high utilisation is permitted, provided it does not materially interfere with shared infrastructure.
• Sustained excessive workloads may require a different hosting configuration or dedicated resource arrangement.
• Usage above these thresholds is subject to review and is not necessarily an automatic violation.

Review: Confirm which VPS plans belong to the Premium VPS class, and any enforcement tolerance or monitoring grace period.

06Memory, Disk and Storage Usage

• Each VPS receives the memory and disk allocations specified in its purchased plan.
• Additional memory or disk resources are not guaranteed beyond the contracted allocation.
• Excessive disk input/output (I/O) activity that materially degrades shared infrastructure may be investigated.
• You are responsible for managing your disk usage and stored data.
• Any RAID or storage redundancy is not a replacement for independent backups.

07Network and Bandwidth Fair Use

• Shared hosting may include unmetered bandwidth, subject to reasonable use. Unmetered does not mean unlimited physical network capacity.
• VPS bandwidth allocations and port speeds will be specified in the relevant hosting plans.
• Network activity that materially disrupts service for other customers may be restricted.
• DDoS attacks, network flooding, reflection or amplification attacks and malicious traffic generation are prohibited.
• You must not use Kloude's network to attack or interfere with external systems.

Review: Confirm VPS bandwidth allocations, port speeds, overage handling and any DDoS mitigation before publication.

08Prohibited Activities

You must not use Kloude services for unlawful or abusive activities, including:

• phishing websites or credential theft;
• malware distribution or botnet command-and-control operations;
• spam distribution or operating open mail relays;
• fraudulent schemes or using stolen payment information;
• unauthorised access attempts;
• DDoS attacks or network flooding;
• hosting content in violation of applicable law;
• unlawful distribution of copyrighted material;
• circumventing service restrictions; and
• activities that threaten the security, integrity or stability of Kloude infrastructure.

09Spam and Email Abuse

You must not send unsolicited commercial electronic messages or bulk email in breach of the Spam Act 2003 (Cth) or other applicable laws. You must not operate open mail relays, use forged headers, harvest addresses, or send email that causes Kloude IP addresses or domains to be blocklisted.

Review: Confirm email sending limits for shared hosting and whether outbound SMTP is restricted on VPS by default.

10Security, Vulnerabilities and Network Scanning

You must not scan, probe, test or attempt to access third-party systems or networks without the owner's permission. Lawful security research and testing of systems you own or are authorised to test may be possible, provided it does not disrupt Kloude infrastructure or other customers.

You must not attempt to breach, test or bypass the security of Kloude's own infrastructure without our prior written authorisation. If you discover a vulnerability in our services, please report it responsibly to hello@kloude.com.

11Cryptocurrency Mining and Compute Abuse

Cryptocurrency mining and similar sustained compute-intensive operations require Kloude's prior written authorisation. This does not prohibit unrelated legitimate high-CPU applications, which remain subject to the CPU Fair Use Policy above.

12Proxy, VPN and Network Relay Services

Lawful private VPN or proxy use is not automatically prohibited. The following are prohibited:

• open proxies that facilitate abuse;
• spam relays;
• unauthorised traffic interception;
• illegal network activity; and
• services repeatedly associated with substantiated abuse complaints.

Any additional restrictions on proxy, VPN or relay services will be set out in an approved, published policy.

13Shared Web Hosting Resource Usage

Shared web hosting accounts share server resources. Your account must not materially interfere with other customers through excessive CPU, memory, database, email or disk usage. The VPS CPU percentages in this policy do not apply to shared hosting.

Review: Configure and publish actual shared hosting resource allocations (e.g. CPU, memory, processes, database and email limits) separately.

14Malware, Phishing and Fraud

You must not host, distribute or link to malware, phishing pages, scam content or fraudulent material. If your service is compromised and used for these purposes, we may restrict affected content or services to protect others, even where you are not responsible for the compromise. We will aim to work with you to clean up the service where appropriate.

15Copyright and Intellectual Property

You must not use our services to store or distribute material that infringes copyright, trade marks or other intellectual property rights. We may act on credible notices of infringement in accordance with applicable law.

Review: Confirm the process for handling copyright infringement notices.

16Abuse Complaints and Investigations

We handle abuse matters proportionately. Not every complaint results in suspension. Our general process is to:

1. receive and record the complaint;
2. review the evidence provided;
3. investigate suspected violations;
4. contact the customer where appropriate; and
5. take proportionate action, if needed.

We distinguish between:

• Ordinary resource-management concerns, which we generally address by contacting you first;
• Serious network or security threats, which may require immediate action to protect infrastructure, other customers or third parties; and
• Allegations of unlawful activity, which may require us to preserve relevant data and cooperate with law enforcement or regulators as required by law.

Review: Confirm internal complaint handling, data preservation practices and response targets (no fixed deadlines are currently stated).

17Enforcement, Suspension and Termination

Depending on the seriousness of a violation, we may apply temporary restrictions, suspend affected services for serious violations, or terminate accounts in appropriate cases, in accordance with our Terms of Service. Serious or immediate threats may require action without advance notice.

Nothing in this AUP limits any rights you have under the Australian Consumer Law.

Review: Confirm suspension and termination procedures, notice, restoration process and any appeal or review process.

18Reporting Abuse

To report abuse originating from Kloude services, email hello@kloude.com with as much detail as possible, such as relevant IP addresses, domains, timestamps (including time zone), log extracts and a description of the issue.

19Changes to This Policy

We may update this AUP from time to time. The updated version will be published on this page with a revised “Last updated” date. Where a change materially affects you, we will aim to give reasonable notice.

20Contact Information