Common use of Security of Customer Data Clause in Contracts

Security of Customer Data. Customer shall undertake commercially reasonable efforts to ensure the security of its account ID, password, and connectivity with the Service is aligned with industry standards and best practices. If Customer becomes aware of the theft or compromise of an administrative account ID or password or other data submitted by Customer (collectively, “Customer Data”), Customer shall use its best efforts to change the password as soon as is feasible and inform ITI of the compromise. Customer acknowledges that responsibility for all Customer Data, text, information, messages and other material submitted by Customer or its Authorized Users to the Service lies solely with Customer. ITI shall not be liable or responsible for the content of Customer Data brought to the Service or the Software by Customer’s Authorized Users unless the Service or the Software directly affects Customer Data; Customer is solely responsible for all Customer Data. ITI may change the authorization method for access to the ITI Service if it determines in its sole discretion that there are circumstances justifying such changes. Notwithstanding the foregoing, Customer agrees that ITI shall not be liable to Customer for any loss, misuse or alteration of Customer Data exported by Customer or a Customer’s Authorized Users to third-party applications (e.g., Microsoft Excel). ITI will implement and maintain appropriate technical and organizational measures intended to prevent the loss, destruction, damage and unauthorized use of Customer Data, and will without undue delay, notify Customer of any security breaches of the Service affecting Customer Data. Notwithstanding the foregoing, Customer acknowledges and agrees that it is impossible for ITI to completely prevent the unauthorized copying of Customer Content (Text, video, audio, or images), uploaded using the Service and provided to your Authorized Users. Without limiting the generality of the foregoing, and by way of example, your Authorized Users could violate your required terms and conditions and attempt to pirate, copy, or download Customer Content. Accordingly, ITI MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, THAT CUSTOMER CONTENT UPLOADED TO THE SERVICE WILL BE SECURE FROM UNAUTHORIZED COPYING. ITI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE UNAUTHORIZED COPYING OR DOWNLOADING OF CUSTOMER CONTENT.