Common use of Unauthorized Access; Lost or Corrupt Data Clause in Contracts

Unauthorized Access; Lost or Corrupt Data. The NDHIN is not responsible for unauthorized access to the Participant's transmission facilities or equipment by individuals or entities using the Hosted System or for unauthorized access to, or alteration, theft, or destruction of the Participant's data files, programs, procedures, or information through the Hosted System, whether by accident, fraudulent means or devices, or any other method, except to the extent that the access, alteration, theft or destruction was due to the negligent acts or omissions or willful misconduct of the NDHIN. As between a Participant and the NDHIN, the Participant is solely responsible for validating the accuracy of all output and reports and protecting the Participant's data and programs from loss by implementing appropriate security measures, including routine backup procedures. The Participant waives any claims against the NDHIN for damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third party software, except to the extent that those damages arise as a result of the negligent acts or omissions or willful misconduct of the NDHIN. The NDHIN is not responsible for the content of any information transmitted or received through the NDHIN's provision of the Hosted Applications, except to the extent that the content of the information is distorted or corrupted as a result of the negligent acts or omissions or willful misconduct of the NDHIN.

Unauthorized Access; Lost or Corrupt Data. The NDHIN RHIO is not responsible for unauthorized access to the Participant's ’s transmission facilities or equipment by individuals or entities using the Hosted RHIO System or for unauthorized access to, or alteration, theft, or destruction of the Participant's ’s data files, programs, procedures, or information through the Hosted RHIO System, whether by accident, fraudulent means or devices, or any other method, except to the extent that the such access, alteration, theft or destruction was due to the negligent acts or omissions or willful misconduct of the NDHINRHIO. As between a the Participant and the NDHINRHIO, the Participant is solely responsible for validating the accuracy of all output and reports and protecting the Participant's ’s data and programs from loss by implementing appropriate security measures, including routine backup procedures. The Participant waives any claims against the NDHIN RHIO for damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third third- party software, except to the extent that those such damages arise as a result of the negligent acts or omissions or willful misconduct of the NDHINRHIO. The NDHIN RHIO is not responsible for the content of any information transmitted or received through the NDHIN's RHIO’s provision of the Hosted ApplicationsRHIO Services, except to the extent that the content of the such information is distorted or corrupted as a result of the negligent acts or omissions or willful misconduct of the NDHINRHIO.