Common use of Internet Clause in Contracts

Internet. You must receive written consent from Processor to process transactions using the internet (“Internet Transactions”). If You obtain such written consent, You shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated on the Application that You will be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security Regulations. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or not: (i) Internet Transactions have been encrypted; or (ii) You have obtained written consent from Processor to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardware.

Appears in 2 contracts

Sources: Merchant Processing Agreement, Merchant Processing Agreement

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an Internet site maintained by the Bank (the ‘Web Site”) through Applicant’s computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant’s requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security;(ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant’s business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank’s control; (e) any unauthorized person’s use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, report errors or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardwaredefects promptly.

Appears in 1 contract

Sources: Continuing Letter of Credit Agreement (Avatar Holdings Inc)

Internet. You must receive written consent from Processor to process transactions using the internet (“Internet Transactions”). If You obtain such written consent, You shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated on the Application that You will be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security Regulations. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or not: (i) Internet Transactions have been encrypted; or (ii) You have obtained written consent from Processor to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and such as Secure Sockets Layer (SSL) or 3-D Secure or any other applicable Data Security StandardPCI compliant encryption standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-twenty- four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardware.

Appears in 1 contract

Sources: Merchant Processing Agreement

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an internet site maintained by the Bank (the “Web Site”) through Applicant’s computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant’s requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security; (ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant’s business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank’s control; (e) any unauthorized person’s use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactionsreport errors or defects promptly. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardware.B)

Appears in 1 contract

Sources: Continuing Letter of Credit Agreement (Millennium Cell Inc)

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an internet site maintained by the Bank (the "Web Site") through Applicant's computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant's requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security;(ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant's business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank's control; (e) any unauthorized person's use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, report errors or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardwaredefects promptly.

Appears in 1 contract

Sources: Continuing Letter of Credit Agreement (Net2phone Inc)

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an internet site maintained by the Bank (the “Web Site”) through Applicant’s computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant’s requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been encrypted; or (iito protect all assigned operator identification passwords and accepts full responsibility for any compromise of security;(ii) You have obtained written consent from Processor to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity limit access to the Internet or any external network that interacts in any way with the services provided Web Site to those persons authorized by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant’s business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such software encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or hardware.other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services;

Appears in 1 contract

Sources: Credit Agreement (Urban Outfitters Inc)

Internet. You must receive written consent from Processor to process transactions using the internet (“Internet Transactions”). If You obtain ) from 2AP, and you may process such written consent, You shall not process Internet Transactions unless transactions only if the transactions have been encrypted by a third-third party vendor acceptable to Processor, in Processor’s sole and absolute discretion2AP. If You you submit Internet Transactions without Processor’s written the consent or through a third- party vendor not acceptable to Processorfrom 2AP, then Processor 2AP may immediately terminate this Agreement for causeAgreement. If You you have indicated on the Application that You you will be submitting Internet Transactions, You you acknowledge that You you have received and fully reviewed a copy of the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security Regulations. You agree that You you are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions transactions must comply with all applicable Data Security Standardsthe CISP requirements. You agree that transactions processed via Internet Transactions are high risk and subject to a higher incidence of Chargebackschargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, chargebacks and losses arising out of or relation related to Internet Transactionstransactions, whether or not: (i) Internet Transactions transactions have been encrypted; or (ii) You you have obtained written consent from Processor 2AP to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, Agreement or otherwise validate a fraudulent transaction, or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and such as Secure Sockets Layer (SSL) or 3-D Secure or any other applicable Data Security StandardPCI compliant encryption standard. All communication costs related to Internet Transactions transactions will be your sole responsibility. You agree that Processor 2AP will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You you also understand and agree that Processor 2AP does not have a seven (7) day per week, twenty24-four (24) hour operation. All Internet Transactions transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor 2AP or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and such losses resulting from the use of such software or hardware.

Appears in 1 contract

Sources: Merchant Processing Agreement (Gab AI Inc)

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an internet site maintained by the Bank (the "Web Site") through Applicant's computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant's requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security;(ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant's business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense except for any loss, claim or liability, cost or expense resulting from its own gross negligence or willful misconduct arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank's control; (e) any unauthorized person's use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, report errors or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardwaredefects promptly.

Appears in 1 contract

Sources: Credit Agreement (Urban Outfitters Inc)

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an Internet site maintained by the Bank (the ‘Web Site”) through Applicant’s computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant’s requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security; (ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant’s business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank’s control; (e) any unauthorized person’s use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, report errors or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardwaredefects promptly.

Appears in 1 contract

Sources: Continuing Letter of Credit Agreement (M I Homes Inc)

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an internet site maintained by the Bank (the "Web Site") through Applicant's computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant's requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security; (ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicants business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank's control; (e) any unauthorized person's use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, report errors or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardwaredefects promptly.

Appears in 1 contract

Sources: Continuing Letter of Credit Agreement (Millennium Cell Inc)

Internet. You must receive written consent from Processor Applicant may electronically initiate the issuance and amendment of any Credit and retrieve or send information about any outstanding Credit by accessing an internet site maintained by the Bank (the “Web Site”) through Applicant’s computer equipment and web browser software. Applicant is responsible to process transactions using the provide its own computer equipment and web browser software and shall be responsible for all acquisition, installation, repair and maintenance costs associated therewith. Applicant shall select its own internet (“Internet Transactions”)service provider. If You obtain such written consent, You Applicant shall not process Internet Transactions unless the transactions have been encrypted by a third-party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated comply promptly with all instructions on the Application Web Site governing its use and the security measures to be maintained in connection with its use. Applicant authorizes the Bank to receive data and act upon Applicant’s requests which Bank receives over the Web Site. Applicant agrees that You will Bank may rely on the authenticity and accuracy of messages and information received by Bank on the Web Site purporting to be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of from the CISP, PCI-DSS, SDP, DISC and other manuals related to the Data Security RegulationsApplicant. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or notApplicant agrees: (i) Internet Transactions have been to protect all assigned operator identification passwords and accepts full responsibility for any compromise of security;(ii) to limit access to the Web Site to those persons authorized by Applicant through the use of security procedures implemented and enforced by the Applicant; (iii) accurately to input any data fields necessary to initiate, release or cancel any transaction; (iv) to access the Web Site as often as necessary consistent with Applicant’s business activities it conducts on the Web Site, which may be daily, and retrieve and review outstanding Credit detail reports; and (v) to notify the Bank promptly of any error or defect in the report. Applicant acknowledges and understands that the instructions sent by it through the internet to the Bank and the information retrieved by the Applicant from the Web Site through the internet will be encrypted, but that such encryption is not completely secure and is not free from errors, poor transmissions, interception, forgery, viruses, tampering, destruction, deciphering or other delay or casualty. The Bank shall not be liable for any loss, claim or liability, cost or expense arising from: (a) any of the foregoing; (b) failure of any internet service provider to provide its services; (c) failure of communications media, legal restrictions; (d) act of God, fire or other catastrophe, computer failure or any other cause or circumstance beyond the Bank’s control; (e) any unauthorized person’s use of or access to the Web Site; or (iif) You have obtained written consent from Processor failure of Applicant to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, report errors or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardwaredefects promptly.

Appears in 1 contract

Sources: Amended and Restated Credit Agreement (Urban Outfitters Inc)

Internet. You must receive written consent from Processor to process transactions using the internet (“Internet Transactions”). If You obtain such written consent, You shall not process Internet Transactions unless the transactions have been encrypted by a third-party third‐party vendor acceptable to Processor, in Processor’s sole and absolute discretion. If You submit Internet Transactions without Processor’s written consent or through a third- third‐ party vendor not acceptable to Processor, then Processor may immediately terminate this Agreement for cause. If You have indicated on the Application that You will be submitting Internet Transactions, You acknowledge that You have received and fully reviewed a copy of the CISP, PCI-DSSPCI‐DSS, SDP, DISC and other manuals related to the Data Security Regulations. You agree that You are, and will remain, fully compliant with the Data Security Regulations, including but not limited to undertaking the required annual or quarterly self-assessments self‐assessments and Web infrastructure scans, as appropriate. All Internet Transactions must comply with all applicable Data Security Standards. You agree that Internet Transactions are high risk and subject to a higher incidence of Chargebacks. You are solely and fully liable for all Chargebacks and claims, causes of action, liabilities, and losses arising out of or relation to Internet Transactions, whether or not: (i) Internet Transactions have been encrypted; or (ii) You have obtained written consent from Processor to engage in such transactions. Encryption is not a guarantee of payment and will not waive any provision of this Agreement, otherwise validate a fraudulent transaction, or otherwise reduce, impact or eliminate your liability under this Agreement. You must offer Cardholders a secure transaction method, that is compliant with PCI and any other applicable Data Security Standard. All communication costs related to Internet Transactions will be your sole responsibility. You agree that Processor will not manage the Internet telecommunications link, and that it is your sole responsibility to manage that link. Other than a terminal help desk, You also understand and agree that Processor does not have a seven (7) day per week, twenty-four twenty‐four (24) hour operation. All Internet Transactions will be settled by Bank into a depository institution of the United States in U.S. currency. Use of software or hardware that has connectivity to the Internet or any external network that interacts in any way with the services provided by Processor or Bank under this Agreement poses an increased risk and Merchant assumes all liability and shall be solely liable for all claims, causes of action, liabilities and losses resulting from the use of such software or hardware.

Appears in 1 contract

Sources: Merchant Processing Agreement