Acceptable Use Policy

Skytap Acceptable Use Policy

Effective December 16, 2024

This Acceptable Use Policy (“AUP”) outlines examples of prohibited conduct in connection with the use of Kyndryl Services and the skytap.com website. We may modify this AUP at any time by posting a revised version on the skytap.com website. You may report suspected violations of this policy to legal@kyndryl.com.

By continuing to use the Services or accessing the skytap.com website, you agree to the latest version of this AUP. If you violate the AUP or authorize or help others to do so, we may suspend or terminate your use of the Services.

Abuse

You may not use Kyndryl’s network or Services for illegal, abusive or irresponsible behavior, or to gain a competitive advantage over Kyndryl. You may not:

• Engage in activity or conduct likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws.
• Interfere with the proper functioning of the Services, any network or any system.
  Monitor or crawl on any network or system that impairs or disrupts that network, system or the Services.
• Use or permit the use of, reproduce, distribute, modify, encumber, time share, license, sublicense, rent, lease, sell, resell, transfer or otherwise make available to any third party the Services.
• Defeat or attempt to defeat any security mechanism of the Services.
• Without authorization, access or use data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, including those of Kyndryl and the Services.
• Inundate a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective, or any denial of service attack (DoS).
• Operate network services like open proxies, open mail relays or open recursive domain name servers.
• Use manual or electronic means to avoid any use limitations placed on the Services, or a network or system, such as access and storage restrictions.
• Modify, decompile, disassemble, reverse assemble, attempt to decipher any code relating to the Services or otherwise attempt any act of reverse engineering of the source code, object code or other proprietary features underlying the Services (except to the extent such restriction is prohibited by applicable statutory law).
• Use, view or otherwise evaluate the Services so as to enable creation of competing services or products, or for benchmarking or similar competitive analysis purposes.
• Distribute, publish, send or facilitate the sending of unsolicited bulk e-mail or other messages, promotions, advertising or solicitations (“spam”), including commercial advertising and informational announcements, or violate the CAN-SPAM Act.

Harmful or Offensive Use or Content

You may not publish, transmit via or store on the Services any content or links to any content that Kyndryl reasonably believes:

• Violates the rights of others, or that may be harmful to others, our operations or reputation.
• Infringes or misappropriates the intellectual property or proprietary rights of others.
  Is defamatory, obscene, abusive, invasive of privacy or otherwise objectionable.
• May damage, interfere with, surreptitiously intercept or expropriate any system, program or data, including viruses, Trojan horses, worms or time bombs.
• Could lead to death or serious bodily injury of any person, or to physical or environmental damage.

Third Party Conduct

You are responsible for violations of this AUP by anyone using your account with your permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.

Cooperation with Investigations and Legal Proceedings

If Kyndryl is legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however, that where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement. We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Monitoring and Enforcement

We reserve the right to investigate suspected violations of this AUP and to take appropriate measures to end such violations. We may also report any activity we suspect violates any law or regulation to appropriate law enforcement, regulatory or governmental authorities.