Common use of Physical and Electronic Security Clause in Contracts

Physical and Electronic Security. a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Customer’s possession or under Customer’s control. Bank 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. Any material downloaded or otherwise obtained is obtained at Customer’s own discretion and risk, and Bank is not responsible for any damage to Customer’s or End User’s (“End Users” are defined as the Customer’s customers submitting an Online Payment via the Online Payment Service) 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. Customer agrees to take necessary and prudent actions to keep computers free of viruses and other harmful, intrusive and/or invasive codes by installing software, security patches, firewalls, and other security measures with respect to Customer’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s or End User’s operating systems. b) Customer acknowledges and agrees that it is Xxxxxxxx’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”). Customer agrees to educate End Users, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, Customer agrees that neither Customer nor any End Users, 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. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer or End Users as a result of any electronic, e-mail, or internet fraud. c) In the event of a breach of the physical and electronic security, Customer shall immediately notify the Bank of such breach and agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s or End Users’ hard drive, storage media and devices, systems and any other equipment or device that was used in breach. Customer further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customer, by End Users, Customer’s agents, law enforcement agencies, or any other third party. Failure of Customer to assist Bank shall be an admission by Customer that the breach was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach from Customer and not from a source controlled by Bank. d) Xxxxxxxx agrees to, at all times, safeguard the confidentiality and security of their login credentials and all other proprietary property or information Bank provides to Customer in connection with the Services and notify Bank immediately if Customer has any reason to believe the security or confidentiality required by this provision has been or may be breached.

Physical and Electronic Security. a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Customer’s possession or under Customer’s control. Bank 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. Any material downloaded or otherwise obtained is obtained at Customer’s own discretion and risk, and Bank is not responsible for any damage to Customer’s or End User’s (“End Users” Users are defined as the Customer’s customers submitting an Online Payment via the Online Payment Service) 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. Customer agrees to take necessary and prudent actions to keep computers free of viruses and other harmful, intrusive and/or invasive codes by installing software, security patches, firewalls, and other security measures with respect to Customer’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s or End User’s operating systems. b) Customer acknowledges and agrees that it is Xxxxxxxx’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”). Customer agrees to educate End Users, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, Customer agrees that neither Customer nor any End Users, agents, and employees shall respond to the e- 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. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer or End Users as a result of any electronic, e-mail, or internet fraudinternetfraud. c) In the event of a breach of the physical and electronic security, Customer shall immediately notify the Bank of such breach and Xxxxxxxx agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s or End Users’ hard drive, storage media and devices, systems and any other equipment or device that was used in breach. Customer further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customer, by End Users, Customer’s agents, law enforcement agencies, or any other third party. Failure of Customer to assist Bank shall be an admission by Customer that the breach was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach from Customer and not from a source controlled by Bank. d) Xxxxxxxx agrees to, at all times, safeguard the confidentiality and security of their login credentials and all other proprietary property or information Bank provides to Customer in connection with the Services and notify Bank immediately if Customer has any reason to believe the security or confidentiality required by this provision has been or may be breached.

Physical and Electronic Security. a(i) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Customer’s possession or under Customer’s control. Bank 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. Any material downloaded or otherwise obtained is obtained at Customer’s own discretion and risk, and Bank is not responsible for any damage to Customer’s or End User’s (“End Users” are defined as the Customer’s customers submitting an Online Payment via the Online Payment Service) 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. Customer agrees to take necessary is solely responsible for maintaining and prudent actions to keep computers free of viruses and other harmful, intrusive and/or invasive codes by installing applying anti-virus software, security patches, firewalls, and other security measures with respect to Customer’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s or End User’s operating systems. b(ii) Customer acknowledges and agrees that it is XxxxxxxxCustomer’s responsibility to protect itself and to be vigilant against e- e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing”). Customer agrees to educate End Users, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Customer acknowledges that Bank will never contact Customer by e-mail in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information, and will never provide links to websites in e-mails that Bank transmits to Customer. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, Customer agrees that neither Customer nor any End its Users, agents, and employees shall respond to the e- e-mail, provide any information to the e-mail sender, click on any links in the e- e-mail, or otherwise comply with any instructions in the e-mail. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer or End Users as a result of any electronic, e-mail, or internet fraud. c(iii) In the event of a breach of the physical and electronic securitySecurity Procedures, Customer shall immediately notify the Bank of such breach and agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s or End Users’ hard drive, storage media and devices, systems and any other equipment or device that was used in breachbreach of the Security Procedures. Customer further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customer, by End Users, Customer’s agents, law enforcement agencies, or any other third party. Failure of Customer to assist Bank shall be an admission by Customer that the breach of the Security Procedures was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach of the Security Procedures from Customer and not from a source controlled by Bank. d) Xxxxxxxx agrees to, at all times, safeguard the confidentiality and security of their login credentials and all other proprietary property or information Bank provides to Customer in connection with the Services and notify Bank immediately if Customer has any reason to believe the security or confidentiality required by this provision has been or may be breached.

Physical and Electronic Security. a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Customer’s possession or under Customer’s control. Bank 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. Any material downloaded or otherwise obtained is obtained at Customer’s own discretion and risk, and Bank is not responsible for any damage to Customer’s or End User’s (“End Users” are defined as the Customer’s customers submitting an Online Payment via the Online Payment Service) 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. Customer agrees to take necessary and prudent actions to keep computers free of viruses and other harmful, intrusive and/or invasive codes by installing software, security patches, firewalls, and other security measures with respect to Customer’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s or End User’s operating systems. b) Customer acknowledges and agrees that it is Xxxxxxxx’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”). Customer agrees to educate End Users, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, Customer agrees that neither Customer nor any End Users, agents, and employees shall respond to the e- 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. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer or End Users as a result of any electronic, e-mail, or internet fraud. c) In the event of a breach of the physical and electronic security, Customer shall immediately notify the Bank of such breach and agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s or End Users’ hard drive, storage media and devices, systems and any other equipment or device that was used in breach. Customer further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customer, by End Users, Customer’s agents, law enforcement agencies, or any other third party. Failure of Customer to assist Bank shall be an admission by Customer that the breach was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach from Customer and not from a source controlled by Bank. d) Xxxxxxxx agrees to, at all times, safeguard the confidentiality and security of their login credentials and all other proprietary property or information Bank provides to Customer in connection with the Services and notify Bank immediately if Customer has any reason to believe the security or confidentiality required by this provision has been or may be breached.

Physical and Electronic Security. a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Customer’s possession or under Customer’s control. Without limiting the generality of the foregoing, Customer specifically acknowledges and agrees that as part of the foregoing obligation Customer 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. Bank 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 systemsystem or any ACH Origination services. Any material downloaded or otherwise obtained is obtained at Customer’s own discretion and risk, and Bank is not responsible for any damage to Customer’s or End User’s (“End Users” are defined as the Customer’s customers submitting an Online Payment via the Online Payment Service) 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. Customer agrees to take necessary is responsible for maintaining and prudent actions to keep computers free of viruses and other harmful, intrusive and/or invasive codes by installing applying anti-virus software, security patches, firewalls, and other security measures with respect to Customer’s operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s operating systems or End User’s operating systems. b) accessed through an Internet connection. Customer acknowledges and agrees that it is Xxxxxxxx’s its 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”). Customer agrees to educate End UsersUser, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. Customer acknowledges that Bank will never contact Customer by e-mail in order to ask for or to verify account numbers, Security Devices, or any sensitive or confidential information. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, Customer agrees that neither Customer Customer, nor any End Usersits User(s), agents, and employees or employees, in each case, shall respond to the e- e-mail, provide any information to the e-mail sender, click on any links in the e- e-mail, or otherwise comply with any instructions in the e-mail. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer or End Users as a result of any electronic, e-mail, or internet fraud. c) . In the event of a breach of the physical and electronic securitySecurity Procedure, Customer shall immediately notify the Bank of such breach and Xxxxxxxx agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s or End Users’ hard drive, storage media and devices, systems and any other equipment or device that was used in breachbreach of the Security Procedure. Customer further agrees to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customer, by End Users, Customer’s agents, law enforcement agencies, or any other third third-party. Failure of Customer to assist Bank shall be an admission by Customer that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach of the Security Procedure from Customer and not from a source controlled by Bank. d) Xxxxxxxx agrees to, at all times, safeguard the confidentiality and security of their login credentials and all other proprietary property or information Bank provides to Customer in connection with the Services and notify Bank immediately if Customer has any reason to believe the security or confidentiality required by this provision has been or may be breached.

Physical and Electronic Security. a(i) Customer is You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Customer’s your possession or under Customer’s your control. Bank is We are not responsible for any computer Access Device viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any computer Access Device viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is obtained at Customer’s your own discretion and risk, and Bank is not responsible for any damage to Customer’s or End User’s (“End Users” are defined as the Customer’s customers submitting an Online Payment via the Online Payment Service) computer your Access Device or operating systems or for loss of data that results from the download of any such material, whether due to any computer Access Device virus or otherwise. Customer agrees to take necessary You are solely responsible for maintaining and prudent actions to keep computers free of viruses and other harmful, intrusive and/or invasive codes by installing applying anti-virus software, security patches, firewalls, and other security measures with respect to Customer’s your operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer’s your operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer’s or End User’s your operating systems. b(ii) Customer acknowledges You acknowledge and agrees agree that it is Xxxxxxxx’s your responsibility to protect itself yourself and to be vigilant against e- e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). Customer agrees If you are a business, you agree to educate End Usersyour representative(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. You acknowledge that Bank will never contact you by e-mail in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information, and will never provide links to websites in e-mails that Bank transmits to you. In the event Customer receives you receive an e-mail or other electronic communication that Customer believesyou believe, or has reason to believe, is fraudulent, Customer agrees you agree that neither Customer nor any End Users, agents, and employees you shall not respond to the e- e-mail, provide any information to the e-mail sender, click on any links in the e- e-mail, or otherwise comply with any instructions in the e-mail. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer or End Users you as a result of any electronic, e-mail, or internet fraud. c(iii) In the event of a breach of the physical and electronic securitySecurity Procedure, Customer shall immediately notify the Bank of such breach and agrees you agree to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to Customer’s or End Users’ your hard drive, storage media and devices, systems and any other equipment or device that was used in breachbreach of the Security Procedure. Customer You further agrees agree to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by Customeryou, by End Users, Customer’s your agents, law enforcement agencies, or any other third party. Failure of Customer Your failure to assist Bank shall be an admission by Customer you that the breach of the Security Procedure was caused by a person who obtained access to your transmitting facilities of Customer or who obtained information facilitating the breach of the Security Procedure from Customer you and not from a source controlled by Bank. d) Xxxxxxxx agrees to. In the event of a breach of a Security Procedure, at all times, safeguard the confidentiality and security of their login credentials and all other proprietary property you may be required to close your Accounts or information to execute a Bank provides to Customer in connection with approved reactivation agreement before the Services and notify Bank immediately if Customer has any reason are reinstated to believe the security or confidentiality required by this provision has been or may be breachedAccount.