otherwise expressly provided in any applicable Article of Part 2 of this Master Agreement or any applicable Customer Profile or Service Schedule,
<br />any Authorized User may act alone. Customer agrees to notify Bank immediately, according to notification procedures prescribed by Bank, if the
<br />authority of any Authorized User shall change or be revoked. Customer shall recover and return to Bank any Security Devices in the possession of
<br />any Authorized User whose authority to have the Security Device has been revoked.
<br />(d) Bank reserves the right to modify, amend, supplement, or cancel any or all Security Procedures, and/or to cancel or replace any
<br />Security Device, at any time and from time to time in Bank's discretion. Bank will endeavor to give Customer reasonable notice of any change in
<br />Security Procedures; provided that Bank may make any change in Security Procedures without advance notice to Customer if Bank, in its judgment
<br />and discretion, believes such change to be necessary or desirable to protect the security of Bank's systems and assets. Customer's implementation and use
<br />of any changed Security Procedures and/or continued use of the Service after any change in Security Procedures shall constitute Customer's agreement to
<br />the change and Customer's agreement that the applicable Security Procedures, as changed, are commercially reasonable and adequate for the purposes
<br />intended.
<br />(e) In the event of the breach of any applicable Security Procedure, Customer agrees to assist Bank in determining the manner
<br />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 systems,
<br />computer hardware and software, storage mediaand devices, and any other equipment or device that was used or may have been used in breach of
<br />the Security Procedure. Customer further agrees to provide to Bank with any analysis of such systems, computer hardware and software, storage
<br />media and devices, and other equipment or devices, or any report of such analysis, performed by Customer, Customer's agents, law enforcement
<br />agencies, or any other third party Failure of Customer to assist Bank shall be deemed an admission by Customer that the breach of the Security
<br />Procedure was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach
<br />of the Security Procedure from Customer and not from a source controlled by Bank.
<br />(0 Bank reserves the right to establish from time to time, in its discretion, limitations and restrictions with respect to Service
<br />transaction amounts, frequency of Service transactions, the types of Accounts that are eligible for Services, and other matters relating to the Services
<br />based on factors deemed significant by Bank in its sole discretion. Customer agrees to abide by and be bound by all limitations and restrictions
<br />imposed from time to time by Bank, and Customer acknowledges and agrees that such limitations and restrictions are for the sole protection of the
<br />Bank. Bank will endeavor to provide Customer with reasonable notice of limitations and restrictions (except to the extent that the confidentiality
<br />thereof is necessary to maintain the security of Bank's systems); provided, drat Bank may impose immediate limitations and restrictions, or make
<br />changes thereto, without advance notice to Customer if Bank, in its judgment and discretion, believes the same to be necessary or desirable to protea the
<br />security of Bank's systems and assets.
<br />Physical and Electronic Security.
<br />(a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and
<br />technical security of data and s}5tems in Customer's possession or under Customer's control. Bank is not responsible for any computer viruses
<br />(including, without limitation, programs commonly referred to as "malware," "keystroke loggers," and/or "spyware), problems or malfunctions
<br />resulting from any computer viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or
<br />otherwise obtained through the use of any electronic Service is obtained at Customer's own discretion and risk, and Bank is not responsible for any
<br />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
<br />computer virus or otherwise. Customer is solely responsible for maintaining and applying anti -vino software, security patches, firewalls, and other
<br />security measures with respect to Customer's operating systems, and for protecting, securing, and backing up any data and information stored in or
<br />on Customer's operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software
<br />installed on Customer's operating systems.
<br />(b) Customer acknowledges and agrees that it is Customer's responsibility to protect itself and to be vigilant against e-mail fraud
<br />and other internet frauds and schemes (including, without limitation, fraud commonly referred to as "phishing"). Customer agrees to educate
<br />Customers .Authorized Users, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks Customer
<br />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
<br />or confidential information. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to
<br />believe, is fraudulent, Customer agrees that neither Customer nor its Authorized Users, agents, and employees shall respond tothe e-mail, provide
<br />any information to the a -mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e-mail. Customer should
<br />forward any suspected fraudulent or suspicious e-mail to phishing(g regions.com or as Bank otherwise may direct. Customer agrees that Bank is
<br />not responsible for any losses, injuries, or harm incurred by Customer as a result of any electronic, e-mail, or intemet fraud.
<br />6. Data Recording. Customer agrees that Bank may (without any obligation) record, retain, and/or monitor any information, data, or
<br />communications (including, without limitation, telephone conversations) furnished, exchanged, or made in connection with this Master Agreement
<br />or any Services provided hereunder without further notice to any person. All such information, data, and communications recorded, retained, or
<br />monitored by Bank shall be and remain the property of Bank. Bank may, in its sole discretion, make such information, data or communications
<br />available to Customer upon Customer's written request therefor, and Customer agrees to pay Bank for any expenses Bank incurs in making such
<br />information, data or communications available to Customer or to any third parry at Customer's request. Customer acknowledges that Customer is
<br />responsible for the maintenance and storage of Customer's own data and other information created through Customer's use of the Services.
<br />4 of 29
<br />P43
<br />
|