Common use of Security and Security Procedures Clause in Contracts

Security and Security Procedures. For security purposes, you will be required to change the temporary password provided by the Bank upon your initial login to the System. You acknowledge and agree that: (a) the Bank shall have no access to your password; (b) you shall be solely responsible to determine what password will be used by you; and (c) the identification of such password selected by you shall not be communicated to the Bank. You agree that the Bank shall be authorized to effect the System Services upon receipt and verification by the System of your password, and that the Bank is authorized to act on instructions received upon receipt and verification by the System of your password. You agree that any transactions processed with your log-in ID and password are deemed to have been authorized by you. You are solely responsible for the confidentiality and security of your password and shall safeguard against unauthorized transmission of instructions to the Bank and you agree to change your password regularly. The Bank will not be liable for any transaction ordered by any person to whom you have granted access regardless of the purpose for which you granted the access or for any information about your account revealed in reliance upon your log-in ID and password. Upon three unsuccessful attempts to use a password, your access to the System will be disabled, and further access to the System shall be permitted only upon compliance with established procedures by the Bank, including the issuance of a new password. You acknowledge the importance of your role in preventing misuse of the accounts through the System and agree to promptly examine all account statements for accuracy immediately upon receipt. You agree to protect the confidentiality of your account(s) and account number(s), and personal identification information. (You acknowledge that certain personal identification information by itself, or together with information related to the accounts, may allow unauthorized access to such accounts.) While data transferred via the System is encrypted in an effort to provide transmission security, you acknowledge that the internet is inherently unsecure and that all data transfers, including the System Services, occur openly on the internet and potentially can be monitored and read by others. The Bank specifically does not warrant that data transfers utilizing the System, or email transmitted to and from the Bank, will not be monitored or read by others; we cannot and do not warrant that account information and data transfers using the System Services will not be monitored and read by others, or that use of the System Services on the internet will be secure. You accept the risks that the internet may not be secure and that others may use malware, spyware and viruses to manipulate your use of the System Services on the internet. The following guidelines should assist you in ensuring that your accounts and account information remain secure: • Do not leave your account information out in an open area or on your computer screen accessible by others. • Do not send your log-in ID or password or privileged account information over any e-mail system. • Do not leave your computer unattended while you are connected to the System. • Do not enter your log-in ID or password into the System when there are others nearby who could observe you doing so. • Log out of the System and close your browser completely after each session and/or clear cache and history. If Touch ID, Face ID, or any other biometric authentication is enabled for the System or any Service, fingerprints or any other biometric identifying information stored on your device (such as an iPhone) can be used to log on to the System. To prevent unintended access, you should only enable biometric authentication if you are the only person who can access your device using biometric authentication. You must not allow anyone else’s fingerprints or other biometric identifying information to access your mobile device and, if you do, you will be responsible for any money withdrawn or transferred from your accounts by someone using such a device. You agree that your mobile device will be locked if it is left unattended and that you will download mobile security software updates when available. You agree to change your password on a regular basis, but no less frequently than every 180 days. You agree to change your temporary password promptly after given access to the Services for the first time and whenever anyone who has had access to your password is no longer authorized to use the Services. The Bank may require you to change your password at any time. The Bank may deny access to the Services without prior notice if the Bank is unable to confirm (to its satisfaction) any person’s authority to access the Services or if the Bank believes such action is necessary for security reasons. Each time you make a funds transfer or payment with a Service, you warrant that the Bank’s security procedures are commercially reasonable considering your wishes expressed to the Bank, your circumstances known to the Bank (including the size, type, and frequency of payment orders you normally issue to the Bank), any alternative security procedures offered to you, and security procedures in general use by customers and banks similarly situated. You agree the security procedures provide an appropriate level of security for the instructions you contemplate issuing. You expressly represent that you have not withheld any information or circumstances from the Bank which would indicate that different security procedures are appropriate for this Agreement. You agree to be bound by any funds transfer or payment order the Bank receives through the Services, even if the order is not authorized by you, if it includes your password or is otherwise processed by the Bank in accordance with its security procedures. If a funds transfer or payment order received by the Bank was in fact transmitted or authorized by you, you are bound by such instruction whether or not the Bank complied with the security procedure with respect to that instruction, whether or not an error in the instruction would have been detected if Bank had complied with such procedure.

Appears in 1 contract

Sources: Consumer Online Banking Agreement

Security and Security Procedures. For security purposes, you will be required to change the temporary password provided by the Bank upon your initial login to the System. You acknowledge and agree that: (a) the Bank shall have no access to your password; (b) you shall be solely responsible to determine what password will be used by you; and (c) the identification of such password selected by you shall not be communicated to the Bank. You agree that the Bank shall be authorized to effect the System Services upon receipt and verification by the System of your password, and that the Bank is authorized to act on instructions received upon receipt and verification by the System of your password. You agree that any transactions processed with your log-in ID and password are deemed to have been authorized by you. You are solely responsible for the confidentiality and security of your password and shall safeguard against unauthorized transmission of instructions to the Bank and you agree to change your password regularly. The Bank will not be liable for any transaction ordered by any person to whom you have granted access regardless of the purpose for which you granted the access or for any information about your account revealed in reliance upon your log-in ID and password. Upon three unsuccessful attempts to use a password, your access to the System will be disabled, and further access to the System shall be permitted only upon compliance with established procedures by the Bank, including the issuance of a new password. You acknowledge the importance of your role in preventing misuse of the accounts through the System and agree to promptly examine all account statements for accuracy immediately upon receipt. You agree to protect the confidentiality of your account(s) and account number(s), and personal identification information. (You acknowledge that certain personal identification information by itself, or together with information related to the accounts, may allow unauthorized access to such accounts.) While data transferred via the System is encrypted in an effort to provide transmission security, you acknowledge that the internet is inherently unsecure and that all data transfers, including the System Services, occur openly on the internet and potentially can be monitored and read by others. The Bank specifically does not warrant that data transfers utilizing the System, or email transmitted to and from the Bank, will not be monitored or read by others; we cannot and do not warrant that account information and data transfers using the System Services will not be monitored and read by others, or that use of the System Services on the internet will be secure. You accept the risks that the internet may not be secure and that others may use malware, spyware and viruses to manipulate your use of the System Services on the internet. The following guidelines should assist you in ensuring that your accounts and account information remain secure: • Do not leave your account information out in an open area or on your computer screen accessible by others. • Do not send your log-in ID or password or privileged account information over any e-mail system. • Do not leave your computer unattended while you are connected to the System. • Do not enter your log-in ID or password into the System when there are others nearby who could observe you doing so. • Log out of the System and close your browser completely after each session and/or clear cache and history. If Touch ID, Face ID, or any other biometric authentication is enabled for the System or any Service, fingerprints or any other biometric identifying information stored on your device (such as an iPhone) can be used to log on to the System. To prevent unintended access, you should only enable biometric authentication if you are the only person who can access your device using biometric authentication. You must not allow anyone else’s fingerprints or other biometric identifying information to access your mobile device and, if you do, you will be responsible for any money withdrawn or transferred from your accounts by someone using such a device. You agree that your mobile device will be locked if it is left unattended and that you will download mobile security software updates when available. You agree to change your password on a regular basis, but no less frequently than every 180 days. You agree to change your temporary password promptly after given access to the Services for the first time and whenever anyone who has had access to your password is no longer authorized to use the Services. The Bank may require you to change your password at any time. The Bank may deny access to the Services without prior notice if the Bank is unable to confirm (to its satisfaction) any person’s authority to access the Services or if the Bank believes such action is necessary for security reasons. Each time you make a funds transfer or payment with a Service, you warrant that the Bank’s security procedures are commercially reasonable considering your wishes expressed to the Bank, your circumstances known to the Bank (including the size, type, and frequency of payment orders you normally issue to the Bank), any alternative security procedures offered to you, and security procedures in general use by customers and banks similarly situated. You agree the security procedures provide an appropriate level of security for the instructions you contemplate issuing. You expressly represent that you have not withheld any information or circumstances from the Bank which would indicate that different security procedures are appropriate for this Agreement. You agree to be bound by any funds transfer or payment order the Bank receives through the Services, even if the order is not authorized by you, if it includes your password or is otherwise processed by the Bank in accordance with its security procedures. If a funds transfer or payment order received by the Bank was in fact transmitted or authorized by you, you are bound by such instruction whether or not the Bank complied with the security procedure with respect to that instruction, whether or not an error in the instruction would have been detected if Bank had complied with such procedure. Your Computer and Software. You are responsible for the installation, maintenance and operation of your computer and your browser software. You are required to keep your virus protection, malware and other standard system protection current. You assume all risk of error, failure, or non- performance, including the risk that you do not operate your computer or your software properly. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Services, even if we had previously approved their use. We are not responsible for any errors or failures from any malfunction of your computer or your software. We have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your computer or your software. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER OR YOUR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Appears in 1 contract

Sources: Consumer Online Banking Agreement