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<br />(b) repairs or attempts to repair the Item or data and then further transmits it;
<br />(c) processes the Item as a photocopy in lieu of the original; or
<br />(d) returns the Item or data to Customer unprocessed and charges back Customer's account.
<br />4. Warranties. Customer represents and warrants to Bank that:
<br />(a) any Image Bank receives accurately and legibly represents all of the information on the front and back of the original Item as of the time
<br />the original Item is truncated;
<br />(b) the information Customer transmits to Bank corresponding to an Item contains a record of all applicable MICR -Iine information required for
<br />a substitute check and the accurate amount of the Item;
<br />(c) the Image conforms to the technical standards for an Electronic Item set forth in Regulation J and Federal Reserve Bank operating
<br />circulars and for a substitute check set forth in Regulation CC;
<br />(d) no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Item (either the original Item, or a paper or
<br />electronic representation of the original Item) such that the person will be asked to make payment based on an Item it has already paid;
<br />(e) Customer will not redeposit through this Service any Item previously deposited and returned to Customer unless Bank advises Customer
<br />othervvise;
<br />(f) Customer will employ commercially reasonable security measures and firewalls sufficient to protect transmissions and storage to ensure
<br />no unauthorized access or duplicate presentment;
<br />(g) Customer will only transmit Images created from original paper Items; and
<br />(h) Customer will comply with all laws and regulations applicable to Customer in its use of the Service and not use the Service for any
<br />purpose prohibited by foreign exchange regulations, postal regulations or any other treaty, statute, regulation or authority.
<br />5. Computer Equipment; Browser Access and Internet Services. Customer is responsible for obtaining, installing,
<br />maintaining and operating all browsers, software, hardware, telecommunications equipment or other equipment (collectively, "System ")
<br />necessary for Customer to access and use the Service in accordance with the Bank's recommended system configuration.. This responsibility
<br />includes, without limitation, Customer's utilizing up -to -date web- browsers and the best commercially available encryption, antivirus, anti -
<br />spyware, and internet security software. Customer acknowledges that there are certain security, corruption, transmission error, and access
<br />availability risks associated with using open networks such as the Internet and Customer hereby expressly assumes such risks, including, but
<br />not limited to those Bank may disclose in its educational materials. Customer acknowledges that Customer is responsible for the data security
<br />of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. Customer acknowledges
<br />that it has made an independent assessment of the adequacy of the Internet and Systems in connection with the use of the Service and that
<br />Customer is satisfied with that assessment. Customer agrees that the presence of any malware, including, without limitation, any keystroke
<br />logger type of malware, on any of Customer's computers shall be presumed, unless proven otherwise by clear and convincing evidence by
<br />Customer, to constitute the failure by Customer to fulfill its duty at all times to maintain the proper functioning, maintenance and security of its
<br />own systems, services, software and other equipment, and to be the cause of any damage, loss, expense or liability which may be suffered or
<br />incurred by Customer. Customer further acknowledges that the selection and use by it of any third party security and communications software
<br />and third party service providers is the sole responsibility of the Customer and the Customer is responsible for all fees associated therewith.
<br />Bank disclaims all risks related thereto and makes no endorsement thereof, notwithstanding that the Bank may recommend certain security
<br />and /or communications software and services or provide a link to a third party site where Customer may download software.
<br />6. Security Devices. In order to communicate electronically with Bank whether via the Internet, or otherwise, to access information or effect
<br />transactions in connection with the Service, Customer shall utilize identification codes, passwords, authorization, authentication and /or
<br />encryption algorithms, tangible or intangible security tokens, cookies, digital signatures and private or public keys (individually a "Security
<br />Device" and collectively the "Security Devices') to be issued or approved by Bank from time to time. To prevent unauthorized access to
<br />Customer's accounts and to prevent unauthorized use of the Service, Customer agrees to protect and keep confidential the Security Devices
<br />used for accessing Customer's accounts via the Service. If Customer believes someone may attempt to use or has used the Service without
<br />Customer's permission, or that any other unauthorized use or security breach has occurred, Customer agrees to immediately notify Customer's
<br />relationship officer.
<br />7. Product Rights
<br />(a) Grant of License. To the extent Bank or its licensors make any software available to Customer via download on its website or by any
<br />other means for use in conjunction with the Service, Bank hereby grants, and Customer hereby accepts, for the term of these Service
<br />Terms, a non - exclusive, non - assignable, non - transferable, limited right and license to use the proprietary computer software products in
<br />object code and any associated documentation ( "Products ") for use only directly in conjunction with its permitted use of the Service.
<br />PN: 1298505 DOC ID: 3 Page 29 of 39
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