Common use of Customer Security Clause in Contracts

Customer Security. Customer is responsible for configuring and using the security features of the electronic signature service to meet Customer’s obligations to Participants under applicable privacy, security, and data protection laws. Customer is responsible for the security of Electronic Documents that are emailed to Participants from the electronic signature service, downloaded from the electronic signature service, or which are transferred to a non-Adobe system via a third party integration feature of the electronic signature service. Customer is liable for damages arising out of unauthorized access to Customer’s account or to Customer Data if Customer fails to follow secure password composition, management, and protection practices for Customer’s account. Health Insurance Portability and Accountability Act (“HIPAA”). Customer is solely responsible for compliance with HIPAA and Health Information Technology for Economic and Clinical Health ("HITECH"). Adobe is not acting on Customer’s behalf as a Business Associate, as that term is defined in HIPAA, when providing the On-demand Service. Payment Card Industry Data Security Standard (PCI DSS). The Payment Card Industry Data Security Standard (PCI DSS) prohibits the transmission of any Account Data (including Cardholder Data, Card Verification Code or Value) using the fax signature capability. PCI DSS also prohibits using the electronic signature service to store Sensitive Authentication Data, including Card Verification Code or Value after authorization, even if encrypted. Capitalized terms in this Section are defined in the PCI DSS. Legal Counsel. Customer will solely rely on its own legal counsel and determinations as to the use and viability of Electronic Signatures in a particular country or for a particular product or service, and Customer will ensure its use of the On-demand Service conforms and complies with all laws, regulations and policies relevant to a particular country or for a particular product or service.