Common use of Physical and Electronic Security Clause in Contracts

Physical and Electronic Security. You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Your possession or under Your control. We are not responsible for any Access Device viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any 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 Your own discretion and risk, and We are not responsible for any damage to Your Access Device or operating systems or for loss of data that results from the download of any such material, whether due to any Access Device virus or otherwise. You are solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Your operating systems, and for protecting, securing, and backing up any data and information stored in or on Your operating systems. We are not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Your operating systems. You acknowledge and agree that it is Your responsibility to protect Yourself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You agree to educate anyone else authorized to exercise control over the account through Online Banking or Mobile Banking as to the risks of such fraud and to train such persons to avoid such risks. You acknowledge that We 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 We transmit to You. In the event You receive an e-mail or other electronic communication that You believe, or have reason to believe, is fraudulent, You agree that You shall not 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. To the extent allowed by law, You agree that We are not responsible for any losses, injuries, or harm incurred by You as a result of any electronic, e-mail, or internet fraud. In the event of a breach of the Security Procedure, You agree to assist Us in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Us or Our agent access to Your hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. You further agree to provide to Us any analysis of such equipment, device, or software or any report of such analysis performed by You, Your agents, law enforcement agencies, or any other third party. Your failure to assist Us shall be an admission by You that the breach of the Security Procedure was caused by a person who obtained access to Your transmitting facilities or who obtained information facilitating the breach of the Security Procedure from You and not from a source controlled by Us.

Appears in 2 contracts

Samples: Online and Mobile Banking Agreement and Disclosure, Online and Mobile Banking Agreement and Disclosure

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Physical and Electronic Security. You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Your your possession or under Your your control. We are not responsible for any Access Device computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any Access Device 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 Your your own discretion and risk, and We ; we are not responsible for any damage to Your Access Device your computer or operating systems or for loss of data that results from the download of any such material, whether due to any Access Device computer virus or otherwise. You are solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Your your operating systems, and for protecting, securing, and backing up any data and information stored in or on Your your operating systems. We are not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Your your operating systems. You acknowledge and agree that it is Your your responsibility to protect Yourself yourself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You If you are an entity, you agree to educate anyone else authorized to exercise control over the account through Online Banking or Mobile Banking your representative(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. You acknowledge that We we will never contact You 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 We transmit to You. In the event You you receive an e-mail or other electronic communication that You you believe, or have reason to believe, is fraudulent, You you agree that You you shall not 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. To the extent allowed by law, You you agree that We we are not responsible for any losses, injuries, or harm incurred by You you as a result of any electronic, e-mail, or internet fraud. In the event of a breach of the Security Procedure, You you agree to assist Us us in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Us us or Our our agent access to Your your hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. You further agree to provide to Us us any analysis of such equipment, device, or software or any report of such analysis performed by Youyou, Your your agents, law enforcement agencies, or any other third party. Your failure to assist Us us shall be an admission by You you that the breach of the Security Procedure was caused by a person who obtained access to Your your transmitting facilities or who obtained information facilitating the breach of the Security Procedure from You you and not from a source controlled by Usus.

Appears in 1 contract

Samples: Access Agreement

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Physical and Electronic Security. You are Independent Advisor is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in Your his/her possession or under Your his/her control. We are not responsible for any Access Device computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any Access Device 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 Your Independent Advisor’s own discretion and risk, and We ; we are not responsible for any damage to Your Access Device computer or operating systems or for loss of data that results from the download of any such material, whether due to any Access Device computer virus or otherwise. You are Independent Advisor is solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to Your his/her operating systems, and for protecting, securing, and backing up any data and information stored in or on Your his/her operating systems. We are not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Your Independent Advisor’s operating systems. You acknowledge Independent Advisor acknowledges and agree agrees that it is Your his/her responsibility to protect Yourself himself/herself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You agree Independent Advisor agrees to educate anyone else authorized to exercise control over the account through Online Banking or Mobile Banking his/her representative(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. You acknowledge Independent Advisor acknowledges that We we will never contact You him/her 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 We transmit to You. In the event You receive Independent Advisor receives an e-mail or other electronic communication that You believehe/she believes, or have has reason to believe, is fraudulent, You agree Independent Advisor agrees that You he/she shall not 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. To the extent allowed by law, You agree Independent Advisor agrees that We we are not responsible for any losses, injuries, or harm incurred by You as a result of any electronic, e-mail, or internet fraud. In the event of a breach of the Security Procedure, You agree Independent Advisor agrees to assist Us us in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Us us or Our our agent access to Your Independent Advisor’s hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. You Independent Advisor further agree agrees to provide to Us us any analysis of such equipment, device, or software or any report of such analysis performed by YouIndependent Advisor, Your his/her agents, law enforcement agencies, or any other third party. Your Independent Advisor’s failure to assist Us us shall be an admission by You him/her that the breach of the Security Procedure was caused by a person who obtained access to Your transmitting facilities or who obtained information facilitating the breach of the Security Procedure from You Independent Advisor and not from a source controlled by Usus.

Appears in 1 contract

Samples: Advisor Access Agreement

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