Acknowledgment of Commercially Reasonable Security Procedures. After review of the Services offered by Bank, including those aspects of the Services pertaining to assuring the authenticity of a communication between Customer and Bank, Customer will notify Bank in the event Customer’s use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Services. If Customer fails to so notify Bank, Customer acknowledges and agrees that the security aspects of the Services are appropriate for Customer’s needs and will provide Customer with a commercially reasonable degree of security against unauthorized use. You agree that the security procedures are not intended to, and will not serve as, a procedure to identify errors in a payment order or its instructions. If a transfer request between your accounts with us (“transfer request”) (or a request for cancellation or amendment of a transfer request) received by us purports to have been transmitted or authorized by you, it will be deemed effective as your transfer request and you will be obligated to us for the amount of such transfer request, even though the transfer request was not authorized by you, provided we acted in compliance with the security procedure referred to in this Agreement (or any other applicable agreement) with respect to the transfer request. If a transfer request (or request for cancellation or amendment of a transfer request) received by us was transmitted or authorized by you, you shall be obligated to pay the amount of the transfer request as provided herein, whether or not we complied with the security procedure referred to in this Agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected if we had complied with such procedure. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
Appears in 3 contracts
Samples: Online Banking, Mobile Deposit and Bill Payment Agreement, Online Banking, Mobile Deposit and Bill Payment Agreement, Online Banking Agreement
Acknowledgment of Commercially Reasonable Security Procedures. After review of the Services offered by Bank, including those aspects of the Services pertaining to assuring the authenticity of a communication between Customer and Bank, Customer will notify Bank in the event Customer’s 's use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Services. If Customer fails to so notify Bank, Customer acknowledges and agrees that the security aspects of the Services are appropriate for Customer’s 's needs and will provide Customer with a commercially reasonable degree of security against unauthorized use. You agree that the security procedures are not intended to, and will not serve as, a procedure to identify errors in a payment order or its instructions. If a transfer request between your accounts with us (“"transfer request”") (or a request for cancellation or amendment of a transfer request) received by us purports to have been transmitted or authorized by you, it will be deemed effective as your transfer request and you will be obligated to us for the amount of such transfer request, even though the transfer request was not authorized by you, provided we acted in compliance with the security procedure referred to in this Agreement (or any other applicable agreement) with respect to the transfer request. If a transfer request (or request for cancellation or amendment of a transfer request) received by us was transmitted or authorized by you, you shall be obligated to pay the amount of the transfer request as provided herein, whether or not we complied with the security procedure referred to in this Agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected if we had complied with such procedure. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
Appears in 1 contract
Samples: Online Banking Agreement
Acknowledgment of Commercially Reasonable Security Procedures. After review You agree to comply with the Security Procedures and any other Security Procedures the Bank directs you to use, and you acknowledge and agree that the Security Procedures constitute commercially reasonable security procedures under applicable law for the initiation of the Services offered by Bankyou utilize, including those aspects of the Services pertaining without limitation, transfers, and access to assuring the authenticity of a communication between Customer confidential information. You authorize us to follow any and Bankall Instructions entered, Customer will notify Bank in the event Customer’s use of the Services would necessitate or be better served and transactions initiated using applicable Security Procedures unless and until you have notified us, according to notification procedures prescribed by a level of security that exceeds that offered by the Services. If Customer fails to so notify Bankus, Customer acknowledges and agrees that the security aspects of the Services are appropriate for Customer’s needs Security Procedures or any Security Device has been stolen, compromised, or otherwise become known to persons other than you or your representative(s) and will provide Customer with until we have had a commercially reasonable degree of security against unauthorized useopportunity to act upon such notice. You agree that the security procedures are not intended toinitiation of a transaction or Instructions using applicable Security Procedures constitutes sufficient authorization for Bank to execute such transaction or instruction notwithstanding any particular designation by you of authorized persons or signature requirements identified on any documents relating to your Account maintained with Bank, and will not serve as, a procedure to identify errors in a payment order or its instructions. If a transfer request between your accounts with us (“transfer request”) (or a request for cancellation or amendment you agree and intend that the submission of a transfer request) received by us purports to have been transmitted or authorized by you, it will transactions and Instructions using the Security Procedures shall be deemed effective considered the same as your transfer request authorized written signature in authorizing us to execute such transaction or Instruction. You acknowledge and you will be obligated to us for the amount of such transfer request, even though the transfer request was not authorized by you, provided we acted in compliance with the security procedure referred to in this Agreement (or any other applicable agreement) with respect to the transfer request. If a transfer request (or request for cancellation or amendment of a transfer request) received by us was transmitted or authorized by you, agree that you shall be obligated to pay the amount of the transfer request as provided herein, whether or not we complied with the security procedure referred to in this Agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected if we had complied with such procedure. You agree to be bound by instructionsany and all transactions and Instructions initiated through the use of such Security Procedures, whether authorized or unauthorized, which we implement and by any and all transactions, Instructions and activity otherwise initiated by you, to the fullest extent allowed by law. You further acknowledge and agree that the Security Procedures are not designed to detect error in compliance with these proceduresthe transmission or content of communications, unless transactions or Instructions initiated by you and that you bear the sole responsibility for detecting and preventing such error. You agree to keep all Security Procedures and Security Devices protected, secure, and strictly confidential and to provide or make available the same only to your Authorized Representative(s). You agree not to disclose or provide any Security Procedure or Security Devices to any unauthorized person. You agree you are responsible for obtaining, configuring, and maintaining a secure malware free computing environment including, without limitation, installing and maintaining an up to date (release versions and definitions) of firewall and anti-virus and anti-spyware/malware software. Where you have given the ability to change or modify a Security Device from time to time (e.g., a Password or User ID), you agree to change Security Devices frequently in order to ensure the security of the Security Device. You agree to notify us prior immediately, according to notification procedures prescribed by us, if you believe that any Security Procedures or Security Device have been stolen, compromised, or otherwise become known to persons other than you or your Authorized Representative(s) or if you believe that any transaction or activity is unauthorized or in error. In the event of any actual or threatened breach of security, we may issue you a new Security Device or establish new Security Procedures as soon as reasonably practicable, but we shall not be liable to you or any third party for any delay in taking such actions. You agree to indemnify, defend all claims, and hold the Bank harmless from any loss, damages, or expenses, including but not limited to attorney’s fees, caused by you, your employees’, or agents’ or Authorized Representative(s)’ failure to keep the Security Procedures or Security Device confidential and secure. Your use of a Service constitutes your agreement that the Security Procedures for that Service are commercially reasonable. We reserve the right to modify, amend, supplement, or cancel any or all Security Procedures, and/or to cancel or replace any Security Device, at any time and from time to time at our discretion. We will endeavor to give you reasonable notice of possible unauthorized any change in a Security Procedure; provided that we may make any change in a Security Procedure without advance notice to you if we, in our judgment and discretion, believe such change to be necessary or desirable to protect the security of our systems and assets. You agree to promptly implement any change to the Security Procedures. Your implementation and use of the Services after any change in the Security Procedures shall constitute your agreement to the change and your agreement that the applicable Security Procedures, as described above (changed, are commercially reasonable and we had a reasonable opportunity to act on such notice)adequate for the purposes intended.
Appears in 1 contract
Samples: Online Banking Agreement
Acknowledgment of Commercially Reasonable Security Procedures. After review of the Services offered by the Bank, including those aspects of the Services pertaining to assuring the authenticity of a communication between Customer and the Bank, Customer will notify the Bank in the event Customer’s use of the Services would necessitate or be better served by a level of security that exceeds that offered by the Services. If Customer fails to so notify the Bank, Customer acknowledges and agrees that the security aspects of the Services are appropriate for Customer’s needs and will provide Customer with a commercially reasonable degree of security against unauthorized use. You agree that the security procedures are not intended to, and will not serve as, a procedure to identify errors in a payment order or its instructions. If a transfer request between your accounts with us (“transfer request”) (or a request for cancellation or amendment of a transfer request) received by us purports to have been transmitted or authorized by you, it will be deemed effective as your transfer request and you will be obligated to us for the amount of such transfer request, even though the transfer request was not authorized by you, provided we acted in compliance with the security procedure referred to in this Agreement (or any other applicable agreement) with respect to the transfer request. If a transfer request (or request for cancellation or amendment of a transfer request) received by us was transmitted or authorized by you, you shall be obligated to pay the amount of the transfer request as provided herein, whether or not we complied with the security procedure referred to in this Agreement with respect to that transfer request and whether or not that transfer request was erroneous in any respect or that error would have been detected if we had complied with such procedure. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).
Appears in 1 contract
Samples: Online Banking Agreement