Common use of Virus Protection Clause in Contracts

Virus Protection. Neither the service provider nor the financial institution is responsible for any electronic virus that you may encounter using the service. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. In addition to the terms previously disclosed, the financial institution and/or service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “losses”) caused by the use of the bill payment services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by financial institution or one of its suppliers. In addition, financial institution and/or service provider disclaim any responsibility for any electronic virus(es) subscriber may encounter after installation of such software or use of bill payment services. Without limiting the foregoing, neither financial institution and/or service provider nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of god or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the internet, communication lines, postal system or electronic funds transfer networks. Financial institution and/or service provider and its suppliers provide bill payment services from their own sites and they make no representation or warranty that any information, material or functions included in bill payment services are appropriate for use by you in your jurisdiction. If you choose to use bill payment services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither financial institution nor service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of bill payment services, or contained in any third party sites linked to or from financial institution and/or service provider’s web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Virus Protection. Neither the service Service provider nor the financial institution Financial Institution is responsible for any electronic virus that you may encounter using the serviceService. You are encouraged to routinely scan your computer and files using reliable virus protection products to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. In addition to the terms previously disclosed, the financial institution The Financial Institution and/or service Service provider are not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “lossesLosses”) caused by the use of the bill payment services Bill Payment Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by financial institution Financial Institution or one of its suppliers. In addition, financial institution Financial Institution and/or service Service provider disclaim any responsibility for any electronic virus(es) subscriber Subscriber may encounter after installation of such software or use of bill payment servicesBill Payment Services. Without limiting the foregoing, neither financial institution Financial Institution and/or service Service provider nor its suppliers shall be liable for any: (i) failure to perform or any losses Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of god God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the internetInternet, communication lines, postal system or electronic funds transfer networks. Financial institution Institution and/or service Service provider and its suppliers provide bill payment services Bill Payment Services from their own sites and they make no representation or warranty that any information, material or functions included in bill payment services Bill Payment Services are appropriate for use by you in your jurisdiction. If you choose to use bill payment servicesBill Payment Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither financial institution Financial Institution nor service Service provider nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of bill payment servicesBill Payment Services, or contained in any third party sites linked to or from financial institution Financial Institution and/or service Service provider’s web sites. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICE, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Virus Protection. Neither the service provider nor the financial institution First State Bank is not responsible for any electronic virus that you may encounter using the serviceOn-line Fund Services. You are encouraged We encourage you to routinely scan your computer and files diskettes using reliable virus protection products product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware. In addition to the terms previously disclosed, the financial institution and/or service provider are First State Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “lossesLosses”) caused by Online Banking or the use of the bill payment services On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by financial institution First State Bank or one of its suppliers. In addition, financial institution and/or service provider disclaim First State Bank disclaims any responsibility for any electronic virus(esvirus (es) subscriber Customer may encounter after installation of such software or use of bill payment servicesOnline Banking or the On-line Financial Services. Without limiting the foregoing, neither financial institution and/or service provider First State Bank nor its suppliers shall be liable for any: (i) failure to perform or any losses Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of god God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the internetInternet, communication lines, postal system or electronic funds transfer networksACH network. Financial institution and/or service provider First State Bank and its suppliers provide bill payment services Online Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in bill payment services Online Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction. If you choose to use bill payment servicesOnline Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither financial institution nor service provider First State Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of bill payment servicesOnline Banking, the On-line Financial Services, or contained in any third party sites linked to or from financial institution and/or service provider’s First State Bank web sitessite. FINANCIAL INSTITUTION AND SERVICE PROVIDER MAKE FIRST STATE BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF BILL PAYMENT SERVICEONLINE BANKING, ON-LINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. FINANCIAL INSTITUTION AND SERVICE PROVIDER DISCLAIM FIRST STATE BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. Customer shall indemnify, defend and hold harmless First State Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.