Splunk Acceptable Use Policy for Cloud Offerings

This Splunk Acceptable Use Policy for Cloud Offerings (this “Policy”) describes prohibited uses of the cloud-based services offered by Splunk Inc. (the “Splunk Services”). The examples described in this Policy are not exhaustive. Splunk may modify this Policy at any time by posting a revised version. By accessing or using the Splunk Service, Customer agrees to the latest version of this Policy. If Customer violates this Policy or authorizes or assists others in doing so, Splunk may suspend or terminate Customer’s use of the Splunk Service.

1. ILLEGAL, HARMFUL OR OFFENSIVE USE OF CONTENT

Customer may not access, use, or authorize, or encourage or facilitate the use by others of the Splunk Service for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful or offensive, such as defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, content containing any material that encourages conduct that could constitute a criminal offense, or that violates the intellectual property rights or rights to the publicity or privacy of others. Customer may not harass or interfere with another user's full use and enjoyment of any part of the Splunk Service. Customer may not access or use the Splunk Service in a manner intended to improperly avoid incurring fees or exceeding usage or capacity limits.

2. SECURITY VIOLATIONS

Customer may not access or use the Splunk Service to violate the security, integrity or policies of any network, computer or communications system, or the Splunk Software or any other software application (individually and collectively a “Service,”) including but not limited to:

• accessing or using any Service without permission,

• attempting to probe, scan or test the vulnerability of a Service or to breach any security or authentication mechanisms used by a Service.

3. NETWORK ABUSE

Customer must not: damage, disable, overburden, or impair the Splunk Service (or any network connected to the Splunk Service); resell or redistribute the Splunk Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Splunk Service or attempt to carry out these activities. Customer will not store or transmit any content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.

4. EMAIL OR MESSAGE ABUSE

Customer will not access or use the Splunk Service to distribute, publish, send or facilitate the sending of unsolicited mass email or other messages, promotions, advertising or solicitations, including informational announcements. Customer will not alter or obscure mail headers or assume a sender’s identity without permission. Customer will not collect replies to messages sent from an Internet service provider in violation of this or the Internet service provider’s policies.

5. HAZARDOUS USE

Customer may not access or use the Splunk Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other similarly hazardous situations in a manner that if the Splunk Service were to fail it could lead to death, personal injury, property damage or environmental damage.

6. VIOLATIONS OF THIS POLICY

Splunk reserve the right, but Splunk does not have the obligation, to investigate any violation of this Acceptable Use Policy, the relevant Terms of Service for the applicable Splunk Service or any misuse, or potential misuse of the Splunk Service. Splunk may remove, disable access to or modify any content or resource that violates this Policy or any other agreement between Customer and Splunk. Without notice to Customer (unless required by law), Splunk may report any activity that Splunk suspects violates any law or regulation to appropriate law enforcement authorities, regulators or other appropriate third parties. Splunk’s reporting may include disclosing appropriate Customer account information and/or Customer content. Splunk may also cooperate with law enforcement agencies, regulators or appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations. If Customer becomes aware of any violation of this Acceptable Use Policy, Customer must immediately notify Splunk and provide Splunk with reasonable assistance, as Splunk requests, to stop or remedy the violation. CUSTOMER AGREES TO HOLD SPLUNK HARMLESS FROM AND AGAINST, AND WAIVE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY CLAIMS CUSTOMER MAY HAVE AGAINST SPLUNK RESULTING FROM ANY DISCLOSURE, INVESTIGATION OR ACT OR OMISSION OF SPLUNK IN THE COURSE OF CONDUCTING OR COOPERATING WITH AN INSPECTION AS SET FORTH IN THIS ACCEPTABLE USE POLICY.