Common use of Physical and Electronic Security Clause in Contracts

Physical and Electronic Security. (a) Member Client is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Member Client’s possession or under Member Client’s control. Without limiting the generality of the foregoing, Member Client specifically acknowledges and agrees that as part of the foregoing obligation Member Client shall comply with the provisions of Section 1.6 of the Rules, entitled “Security Requirements,” for the safeguarding of Protected Information, as that term is defined in the Rules. Financial Institution is not responsible for any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system or any ACH Origination services. Any material downloaded or otherwise obtained is obtained at Member Client’s own discretion and risk, and Financial Institution is not responsible for any damage to Member Client’s computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. Member Client is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Member Client’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Member Client’s operating systems. Financial Institution is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Member Client’s operating systems or accessed through an Internet connection. (b) Member Client acknowledges and agrees that it is Member Client’s responsibility to protect itself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” and “pharming”). Member Client agrees to educate User(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Member Client acknowledges that Financial Institution will never contact Member Client by e-mail in order to ask for or to verify account numbers, Security Devices, or any sensitive or confidential information. In the event Member Client receives an e-mail or other electronic communication that Member Client believes, or has reason to believe, is fraudulent, Member Client agrees that neither Member Client nor its User(s), agents, and employees shall respond to the e-mail, provide any information to the e-mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e- mail. Member Client agrees that Financial Institution is not responsible for any losses, injuries, or harm incurred by Member Client as a result of any electronic, e-mail, or Internet fraud. (c) In the event of a breach of the Security Procedure, Member Client agrees to assist Financial Institution in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Financial Institution or Financial Institution’s agent access to Member Client’s hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. Member Client further agrees to provide to Financial Institution any analysis of such equipment, device, or software or any report of such analysis performed by Member Client, Member Client’s agents, law enforcement agencies, or any other third party. Failure of Member Client to assist Financial Institution as provided herein shall be an admission by Member Client that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Member Client or who obtained information facilitating the breach of the Security Procedure from Member Client and not from a source controlled by Financial Institution.

Physical and Electronic Security. (a) Member Client is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Member ClientMember’s possession or under Member ClientMember’s control. Without limiting the generality of the foregoing, Member Client specifically acknowledges and agrees that as part of the foregoing obligation Member Client shall comply with the provisions of Section 1.6 of the Rules, entitled “Security Requirements,” for the safeguarding of Protected Information, as that term is defined in the Rules. Financial Institution UVACCU is not responsible for any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system or any ACH Origination services. Any material downloaded or otherwise obtained is obtained at Member ClientMember’s own discretion and risk, and Financial Institution UVACCU is not responsible for any damage to Member ClientMember’s computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. Member Client is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Member ClientMember’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Member ClientMember’s operating systems. Financial Institution UVACCU is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Member ClientMember’s operating systems or accessed through an Internet connection. (b) Member Client acknowledges and agrees that it is Member ClientMember’s responsibility to protect itself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” and “pharming”). Member Client agrees to educate User(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Member Client acknowledges that Financial Institution UVACCU will never contact Member Client by e-mail in order to ask for or to verify account Account numbers, Security Devices, or any sensitive or confidential information. In the event Member Client receives an e-mail or other electronic communication that Member Client believes, or has reason to believe, is fraudulent, Member Client agrees that neither Member Client nor its User(s), agents, and employees shall respond to the e-mail, provide any information to the e-mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e- e-mail. Member Client agrees that Financial Institution UVACCU is not responsible for any losses, injuries, or harm incurred by Member Client as a result of any electronic, e-mail, or Internet fraud. (c) In the event of a breach of the Security Procedure, Member Client agrees to assist Financial Institution UVACCU in determining the manner and source of the breach. Such assistance shall may include, but shall may not be limited to, providing Financial Institution UVACCU or Financial InstitutionUVACCU’s agent access to Member ClientMember’s hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. Member Client further agrees to provide to Financial Institution UVACCU any analysis of such equipment, device, or software or any report of such analysis performed by Member ClientMember, Member ClientMember’s agents, law enforcement agencies, or any other third party. Failure of Member Client to assist Financial Institution as provided herein UVACCU shall be an admission by Member Client that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Member Client or who obtained information facilitating the breach of the Security Procedure from Member Client and not from a source controlled by Financial InstitutionUVACCU.

Physical and Electronic Security. (a) Member Client is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Member Client’s possession or under Member Client’s control. Without limiting the generality of the foregoing, Member Client specifically acknowledges and agrees that as part of the foregoing obligation Member Client shall comply with the provisions of Section 1.6 of the Rules, entitled “Security Requirements,” for the safeguarding of Protected Information, as that term is defined in the Rules. Financial Institution is not responsible for any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system or any ACH Origination services. Any material downloaded or otherwise obtained is obtained at Member Client’s own discretion and risk, and Financial Institution is not responsible for any damage to Member Client’s computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. Member Client is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Member Client’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Member Client’s operating systems. Financial Institution is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Member Client’s operating systems or accessed through an Internet connection. (b) Member Client acknowledges and agrees that it is Member Client’s responsibility to protect itself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” and “pharming”). Member Client agrees to educate User(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Member Client acknowledges that Financial Institution will never contact Member Client by e-mail in order to ask for or to verify account numbers, Security Devices, or any sensitive or confidential information. In the event Member Client receives an e-mail or other electronic communication that Member Client believes, or has reason to believe, is fraudulent, Member Client agrees that neither Member Client nor its User(s), agents, and employees shall respond to the e-mail, provide any information to the e-mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e- mailemail. Member Client agrees that Financial Institution is not responsible for any losses, injuries, or harm incurred by Member Client as a result of any electronic, e-mail, or Internet fraud. (c) In the event of a breach of the Security Procedure, Member Client agrees to assist Financial Institution in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Financial Institution or Financial Institution’s agent access to Member Client’s hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. Member Client further agrees to provide to Financial Institution any analysis of such equipment, device, or software or any report of such analysis performed by Member Client, Member Client’s agents, law enforcement agencies, or any other third party. Failure of Member Client to assist Financial Institution as provided herein shall be an admission by Member Client that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Member Client or who obtained information facilitating the breach of the Security Procedure from Member Client and not from a source controlled by Financial Institution.