Common use of Physical and Electronic Security Clause in Contracts

Physical and Electronic Security. The Company is responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in the Company’s possession or under the Company’s control. Without limiting the generality of the foregoing, the Company specifically acknowledges and agrees that as part of the foregoing obligation the Company shall comply with the provisions of Section 1.6 of the Rules, entitled “Security Requirements,” for the safeguarding of Protected Information, as that term is defined in the Rules. The Institution 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 or any ACH Origination services. Any material downloaded or otherwise obtained is obtained at the Company’s own discretion and risk, and the Institution is not responsible for any damage to the Company’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. The Company is responsible for maintaining and applying anti- virus software, security patches, firewalls, and other security measures with respect to the Company’s operating systems, and for protecting, securing, and backing up any data and information stored in or on the Company’s operating systems. The Institution is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on the Company’s operating systems or accessed through an Internet connection. If an unsecured electronic network is used for transmission of protected information, the encryption standards must meet or exceed 128-bit RC4. The Company agrees to maintain its electronic devices in such a way to ensure data security and integrity.