Common use of Confidentiality and Access to the Online Service Clause in Contracts

Confidentiality and Access to the Online Service. The Bank shall exercise due care in seeking to preserve the confidentiality of your User ID and to prevent access to The online service in general and your accounts in particular by unauthorized persons. In this connection it is understood and agreed that implementation by the Bank of its normal procedures for maintaining the confidentiality of information relating to its customers and preventing unauthorized transactions shall constitute fulfillment of its obligation to exercise due care. The Bank shall not be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of your accounts through The online service if (I) the Bank has fulfilled its obligation of due care, or (ii) the loss or damage could have been avoided had you promptly notified the Bank when you received knowledge or notice of an unauthorized transaction or other breach of security, or (iii) the unauthorized transaction was a transfer of funds to an account owned by you or by any person or entity which controls, is controlled by, or is under common control with you. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to the online service system or disclosure of any of your confidential information or instructions by your employees, agents or other third parties. When the Bank becomes aware of any unauthorized access to your accounts, it will advise you as promptly as practical thereafter.

Confidentiality and Access to the Online Service. The Bank Financial Institution shall exercise due care in seeking to preserve the confidentiality of your User user ID and password and to prevent access to The the online service in general and your accounts in particular by unauthorized persons. In this connection it It is understood and agreed that implementation by the Bank Financial Institution of its normal procedures for maintaining the confidentiality of information relating to its customers and preventing unauthorized transactions shall constitute fulfillment of its obligation to exercise due care. The Bank Financial Institution shall not be under any liability or have any responsibility of any kind for any loss incurred or damage suffered by you by reason or in consequence of any unauthorized person gaining access to or otherwise making use of your accounts through The the online service if (Ii) the Bank Financial Institution has fulfilled its obligation of due care, or (ii) the loss or damage could have been avoided had you promptly notified the Bank Financial Institution when you received knowledge or notice of an unauthorized transaction or other breach of security, or (iii) the unauthorized transaction was a transfer of funds to an account owned by you or by any person or entity which controls, is controlled by, or is under common control with you. You assume full responsibility for the consequences of any misuse or unauthorized use of or access to the online service system or disclosure of any of your confidential information or instructions by your employees, agents agents, or other third parties. When the Bank Financial Institution becomes aware of any unauthorized access to your accounts, it we will advise you as promptly as practical thereafter. For all purposes above, “promptly” shall generally be defined as within three (3) business days after discovery of the unauthorized access.