Common use of File Security and Retention; Confidentiality Clause in Contracts

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 30 contracts

Samples: Transfer Agent Servicing Agreement (FQF Trust), Ariel Investment Trust (Ariel Investment Trust), Transfer Agent Servicing Agreement (Oaktree Funds)

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File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustCompany’s data bases, files, and other information provided by the Trust Company to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Company Files”). USBFS’s security provisions with respect to the Electronic Services, the TrustCompany’s web site(s) and the Trust Company Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Company Files maintained by USBFS for the Trust Company hereunder shall be available for inspection by the TrustCompany’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustCompany’s web site(s) or any software, written materials, or pictorial materials describing or creating the TrustCompany’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the TrustCompany’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 10 contracts

Samples: Transfer Agent Servicing Agreement (RBB Fund, Inc.), Transfer Agent Servicing Agreement (Fairholme Funds Inc), Transfer Agent Servicing Agreement (IronBridge Funds, Inc.)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Brookfield Investment Funds), Transfer Agent Servicing Agreement (PENN Capital Funds Trust), Transfer Agent Servicing Agreement (USFS Funds Trust)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustCorporation’s data bases, files, and other information provided by the Trust Corporation to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Corporation Files”). USBFS’s security provisions with respect to the Electronic Services, the TrustCorporation’s web site(s) and the Trust Corporation Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Corporation Files maintained by USBFS for the Trust Corporation hereunder shall be available for inspection by the TrustCorporation’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustCorporation’s web site(s) or any software, written materials, or pictorial materials describing or creating the TrustCorporation’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the TrustCorporation’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 3 contracts

Samples: Transfer Agent Servicing Agreement (Thompson Im Funds Inc), Transfer Agent Servicing Agreement (Kinetics Mutual Funds Inc), Transfer Agent Servicing Agreement (Monetta Fund Inc)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide commercially reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (North Square Investments Trust), Transfer Agent Servicing Agreement (Brown Advisory Funds)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s USBFS represents and warrants that its security provisions with respect to the Electronic Services, the Trust’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust), Transfer Agent Servicing Agreement (Stone Ridge Trust)

File Security and Retention; Confidentiality. A. USBFS and its agents will shall provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s web site(swebsite(s) and the Trust Files will shall be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will shall be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will shall take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(swebsite(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(swebsite(s), including all interface designs or specifications. USBFS will shall take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(swebsite(s). In addition, USBFS will shall not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (PRIMECAP Odyssey Funds), Transfer Agent Servicing Agreement (PRIMECAP Odyssey Funds)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s Trusts’ data bases, files, and other information provided by the Trust Trusts to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Eagle Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s Trusts’ web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust Trusts hereunder shall be available for inspection by the Trust’s Trusts’ regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s Trusts’ web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s Trusts’ web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s Trusts’ web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Eagle Growth & Income Fund), Transfer Agent Servicing Agreement (Eagle Series Trust)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide commercially reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustFund’s data bases, files, and other information provided by the Trust Fund to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Fund Files”). USBFS’s security provisions with respect to the Electronic Services, the TrustFund’s web site(s) and the Trust Fund Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Fund Files maintained by USBFS for the Trust Fund hereunder shall be available for inspection by the TrustFund’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustFund’s web site(s) or any software, written materials, or pictorial materials describing or creating the TrustFund’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the TrustFund’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Leuthold Funds Inc), Transfer Agent Servicing Agreement (RBB Fund, Inc.)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustFund’s data bases, files, and other information provided by the Trust Fund to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the TrustFund’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust Fund hereunder shall be available for inspection by the TrustFund’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustFund’s web site(s) or any software, written materials, or pictorial materials describing or creating the TrustFund’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the TrustFund’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Transfer Agent Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s Trusts’ data bases, files, and other information provided by the Trust Trusts to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s Trusts’ web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust Trusts hereunder shall be available for inspection by the Trust’s Trusts’ regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s Trusts’ web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s Trusts’ web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s Trusts’ web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Calamos Advisors Trust/Il), Transfer Agent Servicing Agreement (Calamos Investment Trust/Il)

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File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s Trusts’ data bases, files, and other information provided by the Trust Trusts to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s Trusts’ web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s Trusts’ regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s Trusts’ web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s Trusts’ web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s Trusts’ web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Underlying Funds Trust), Transfer Agent Servicing Agreement (Hatteras Alternative Mutual Funds Trust)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User users’ transaction or account data (collectively, “Trust Fund Files”). USBFS’s security provisions with respect to the Electronic Services, the Trust’s web site(s) and the Trust Fund Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Fund Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Torray Fund)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s 's data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, "Trust Files"). USBFS’s ' security provisions with respect to the Electronic Services, the Trust’s 's web site(s) and the Trust Files will be no less protected than USBFS’s ' security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s 's regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s 's web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s 's web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s 's web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s ' delivery of the Electronic Services.

Appears in 1 contract

Samples: Servicing Agreement (Genworth Variable Insurance Trust)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustFund’s data bases, files, and other information provided by the Trust Fund to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s 's security provisions with respect to the Electronic Services, the Trust’s Fund's web site(s) and the Trust Files will be no less protected than USBFS’s 's security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust Fund hereunder shall be available for inspection by the TrustFund’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustFund’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s Fund's web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the TrustFund’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s 's delivery of the Electronic Services.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Allied Asset Advisors Funds)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustCorporation’s data bases, files, and other information provided by the Trust Corporation to USBFS for use with the Electronic Total Services, the names of End Users or End User transaction or account data (collectively, “Trust Corporation Files”). USBFS’s security provisions with respect to the Electronic Total Services, the TrustCorporation’s web site(s) and the Trust Corporation Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Corporation Files maintained by USBFS for the Trust Corporation hereunder shall be available for inspection by the TrustCorporation’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustCorporation’s web site(s) or any software, written materials, or pictorial materials describing or creating the TrustCorporation’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the TrustCorporation’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Total Services.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Thompson Im Funds Inc)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the Trust’s data bases, files, and other information provided by the Trust to USBFS for use with the Electronic Total Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Total Services, the Trust’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust hereunder shall be available for inspection by the Trust’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the Trust’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Total Services.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Equinox Funds Trust)

File Security and Retention; Confidentiality. A. USBFS and its agents will provide reasonable security provisions to ensure that unauthorized third parties do not have access to the TrustFund’s data bases, files, and other information provided by the Trust Fund to USBFS for use with the Electronic Services, the names of End Users or End User transaction or account data (collectively, “Trust Files”). USBFS’s security provisions with respect to the Electronic Services, the TrustFund’s web site(s) and the Trust Files will be no less protected than USBFS’s security provisions with respect to its own proprietary information. USBFS agrees that any and all Trust Files maintained by USBFS for the Trust Fund hereunder shall be available for inspection by the TrustFund’s regulatory authorities during regular business hours, upon reasonable prior written notice to USBFS, and will be maintained and retained in accordance with applicable requirements of the 1940 Act. USBFS will take such actions as are necessary to protect the intellectual property contained within the TrustFund’s web site(s) or any software, written materials, or pictorial materials describing or creating the Trust’s Funds’ web site(s), including all interface designs or specifications. USBFS will take such actions as are reasonably necessary to protect all rights to the source code and interface of the Trust’s Funds’ web site(s). In addition, USBFS will not use, or permit the use of, names of End Users for the purpose of soliciting any business, product, or service whatsoever except where the communication is necessary and appropriate for USBFS’s delivery of the Electronic Services.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Trust for Credit Unions)

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