Common use of Physical and Electronic Security Clause in Contracts

Physical and Electronic Security. (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 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 is solely responsible for maintaining and 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. (ii) Customer acknowledges and agrees that it is Customer’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 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 its 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 as a result of any electronic, e-mail, or internet fraud. (iii) In the event of a breach of the Security Procedures, Customer 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 hard drive, storage media and devices, systems and any other equipment or device that was used in breach 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, 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.

Physical and Electronic Security. (ia) 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 is solely responsible for maintaining agrees to take necessary and applying anti-virus 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. (iib) Customer acknowledges and agrees that it is Customer▇▇▇▇▇▇▇▇’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 its 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-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. (iiic) In the event of a breach of the Security Proceduresphysical 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 of the Security Proceduresbreach. 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) ▇▇▇▇▇▇▇▇ 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. (ia) 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 is solely responsible for maintaining agrees to take necessary and applying anti-virus 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. (iib) Customer acknowledges and agrees that it is Customer▇▇▇▇▇▇▇▇’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 its 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-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. (iiic) In the event of a breach of the Security Proceduresphysical 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 of the Security Proceduresbreach. 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) ▇▇▇▇▇▇▇▇ 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. (ia) 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 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 is solely responsible for maintaining agrees to take necessary and applying anti-virus 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. (iib) Customer acknowledges and agrees that it is Customer▇▇▇▇▇▇▇▇’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 its 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-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. (iiic) In the event of a breach of the Security Proceduresphysical and electronic security, Customer ▇▇▇▇▇▇▇▇ 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 of the Security Proceduresbreach. 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) ▇▇▇▇▇▇▇▇ 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.