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INTERNET
BANKING AGREEMENT
The first time you access your accounts through Internet Banking, you
agree to be bound by the terms and conditions of this Internet Banking
Agreement ("Agreement") and acknowledge its receipt and your
understanding of its terms.
Introduction
This Agreement explains the terms and conditions for accessing accounts
and conducting transactions at First National Bank of Bellville (Institution,
we, us and our) via our on-line Internet
Banking site(s) ("Internet Banking"). As used in this Agreement,
the terms "you" and "your" refer to each person signing
an Internet Banking Application.
Benefits of Internet Banking
Through Internet Banking, you can manage eligible accounts from your home
or office on a personal computer. Internet Banking can be used to conduct
any of the following On-line Financial Services:
- Obtain balances and transaction histories on all eligible accounts
enrolled in Internet Banking (All account balances and transaction histories
reflect activity through the close of the previous banking day);
- Transfer money between eligible accounts (The number of transfers
you can make from account is limited as described in the applicable
account agreement. In addition, if a hold is placed on any funds deposited
in an eligible account, you may not transfer the portion of funds being
held until that hold expires); transfer money to pay Institution for
overdraft protection, consumer loans, or certain other eligible loans;
and pay bills to any merchant, financial institution or an individual
with a U.S. address.
Institution may, from time to time, introduce new On-line Financial Services.
By using those services when they become available, you agree to be bound
by the terms contained in this Agreement, and its subsequent amendments.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality
of our customer accounts information. We use several techniques to help
secure our Internet Banking service, including the following:
- You can only access Institution with certain browsers that have a
high security standard.
- Your account numbers are never displayed in full - only the last 4
digits can be viewed.
- You must have a valid Internet Banking ID and personal identification
number ("PIN") to logon.
- If no action is taken for 10 minutes, you will be automatically logged
off the Internet Banking service.
Requirements
To access On-line Financial Services you must have either Micrsoft Internet
Explorer 4.01 or 5.0 or Netscape Navigator 4.08 or Netscape Communicator
4.7 web browser and 128 bit data encryption.
In addition to compatible software, you must have an Internet Banking
ID, a personal identification number ("PIN") and maintain one
or more of the following eligible accounts at Institution:
- First Free Checking
- First Choice Checking
- First Plus Checking
- First Class Checking
- First Class Checking 50+
- First Savings
- First Money Market
- First Rate Investment
- First Basic Business
- First Business
- First Business Money Market
- First Rate Business Investment
For specific terms relating to Money Market Accounts, see below. Any
account that requires two or more signatures to make withdrawals, transfers
or other transactions is not eligible for On-line Financial Services.
Money Market Accounts
If you use Internet Banking in connection with a Money Market account,
please read the information below. You should also refer to your Money
Market Account Agreement or call a customer service representative for
further information. While you can access your Money Market account using
Internet Banking, there are some differences between a Money Market account
and a regular demand deposit account. Federal law limits transactions
from a money market account to six withdraws or pre-authorized transfers
per statement cycle, three of which may be by personal check.
On-line PIN
Your PIN will give you access to Institution accounts via Internet Banking.
Institution is entitled to act on any instructions it receives using your
PIN. For security purposes, it is recommended that you memorize your PIN
and do not write it down. We also recommend that you change your PIN regularly
to try and avoid misappropriation by a third party. Your PIN can be changed
at our Internet Banking site. You are responsible for keeping your PIN
and account data confidential. When you give someone your PIN, you are
authorizing that person to use Internet Banking and the On-line Financial
Services. You are responsible for all transactions performed using your
PIN, even if you did not intend or authorize them. In addition, fraudulent
transactions initiated using your PIN will be charged against your account(s).
Accessibility
You can usually access On-line Financial Services seven (7) days a week,
twenty-four (24) hours a day. However, at certain times, some or all of
Internet Banking or On-line Financial Services may not be available due
to system maintenance or reasons beyond Institution's control. Institution
does not warrant that Internet Banking or On-line Financial Services will
be available at all times. When unavailable, you may use INFO-LINK our
telephone banking system, or an automated teller machine (ATM).
An On-line Financial Service transaction initiated prior to 2:00PM (Central
Time) on a banking day may be posted your account the same day. All transfers
completed after 2:00 PM (Central Time), or on a non-banking day, will
be posted the following banking day.
Restrictions
You may not appropriate any information or material that violates any
copyright, trademark or other proprietary or intellectual property rights
of any person or entity while using the Internet Banking or On-line Financial
Services. You may not gain, or attempt to gain, access to any Internet
Banking and/or On-line Financial Service server, network or data not specifically
permitted to you by Institution or its suppliers, and you must not include
any obscene, libelous, scandalous or defamatory content in any communications
with Institution or its suppliers.
Bill Payment Service
The Bill Payment service allows you to schedule bill payments through
Internet Banking. Institution does not provide the service directly. Instead,
Institution entered into an agreement with a bill payment provider to
provide the bill payment services to directly to you. Subject to any regulatory
or Institution-imposed limitations on usage, you can arrange, at your
option, for the payment of your current, future and recurring bills from
a checking account or a money market checking account. There is no limit
to the number of payments that may be authorized and you may pay any merchant
or individual approved by the bill payment provider, however, the amount
of any individual payment may not exceed $9,999.99. While payments are
initiated by you electronically, they are ultimately paid via an automated
clearinghouse (ACH) network or by a paper check. Payments delivered over
an ACH network are governed by the rules and performance standards of
that network.
By furnishing the names of your payees/merchants and their addresses,
you authorize Institution and its bill payment provider to follow the
payment instructions you provide for those payees/merchants. When payment
instructions are received, funds will be remitted from the selected account,
to the appropriate payee on your behalf on the day that you request ("Payment
Date"). However, there is no obligation to make requested payments
unless your account and/or overdraft protection plan has sufficient funds
or credit availability to pay the bill as of the Payment Date. Funds for
bill payments will be withdrawn from your account on the applicable Payment
Date. A bill payment account ("Bill Payment Account"), separate
from any account you hold at Institution, is established at the Bill Payment
provider. When the Bill Payment provider receives notification of any
return item, such as NSF or Account Closed, a block is placed on the Bill
Payment Account for a minimum of five (5) business days. This prevents
you from initiating any additional payments through the Bill Payment Account
or from having any recurring or future dated payments made until the original
return item has been paid. You may stop or change any scheduled payment,
but you must do so by no later than 10:00AM (Central Time) on the Payment
Date. The bill payment provider is obligated to pay any late fees incurred
by you because of late payments so long as you allow ten (10) business
days for payments by check and at least four (4) business days for electronic
payments.
Institution and its Bill Payment provider reserve the right, at their
discretion, to implement security features to reduce risk of loss. These
may include requiring pre-authorized drafts, verifying funds through an
ATM network, and separating debits from credits so that payments are not
sent until after good funds are received. Institution and its Bill Payment
provider also reserve the right to terminate your use of Bill Payment
services at any time.
If, for any reason, you should ever wish to cancel Internet Banking,
we strongly suggest that you cancel all future bill payments at the same
time. This will ensure that future payments and transfers made by you
will not be duplicated. We will automatically delete any outstanding payment
orders (all individual payments and all recurring payments) once we have
been notified that your Bill Payment service has been terminated. We will
continue to maintain your accounts until you notify us otherwise.
Responsibility
Neither Institution nor its suppliers will be liable for any transaction
if: (i) you do not have enough money in your account to complete the transaction;
(ii) a legal order prohibit withdrawals from your account; (iii) your
account is closed or has been frozen; (iv) the transaction would cause
your balance to go over the credit limit for any credit arrangement set
up to cover overdrafts; (v) you, or anyone you allow, commits fraud or
violates any law or regulation in connection with Internet Banking or
On-line Financial Services; (vi) any electronic terminal, telecommunication
device or part of the electronic fund transfer system is not working properly;
(vii) you did not provide us with complete and correct payment or transfer
information; (viii) you did not properly follow the instructions for use
of Internet Banking or On-line Financial Services; (ix) you knew that
Internet Banking and/or the On-line Financial Services were not operating
properly at the time you initiated the transaction or payment; (xi) there
is postal delay; or (xi) circumstances beyond our control (such as fire,
flood or improper transmission or handling by a third party) that prevent,
hinder or delay the transaction.
Fees and Charges
You must promptly pay the following fees and charges for use of the
On-line Financial Services described in this Agreement:
- Info-Net Personal Online Banking No monthly fee
- Info-Net Commercial Cash Management No monthly fee
- Bill Payment services - $6.00 per month
The monthly Bill Payment fee covers service for the prior month and is
effective upon your enrollment in the Bill Payment service. The monthly
Bill Payment fee will be charged to your payment account at Institution
regardless of whether or not any bill payments are made during the applicable
month. Unless otherwise specifically indicated, all fees shall be deducted
automatically on a monthly basis from a payment account you designate
at Institution. In the event your payment account has insufficient funds
to cover any fees, Institution may deduct the fees from any other account
you have at Institution in any order it chooses. If you close the designated
payment account, you must notify Institution and identify a new payment
account for the selected On-line Financial Services. Additionally, if
you close all Institution accounts, you must notify Institution and cease
all use of the On-line Financial Services. If fees cannot be collected
from any of your accounts, Institution may cancel all or some of your
On-line Financial Services. After cancellation, Institution may reinstate
some or all of the On-line Financial Services, at its discretion, if you
deposit sufficient funds in your account(s) to cover any accrued fees
and pending transfers or debits. You are solely responsible for any telephone
or internet service provider charges incurred when using the On-line Financial
Services.
Unauthorized Transactions
You should notify us immediately if you believe anyone has improperly
obtained your PIN or if you suspect any fraudulent activity in your account(s).
If your PIN has been compromised and you tell us within two (2) business
days of discovering the loss or misappropriation, you can lose no more
than $50. If you do not tell us within the two (2) business day period,
you could lose as much as $500 if we could have stopped the use of your
accounts had we received notice in a timely manner. You should contact
us, or the bill payment provider, as applicable, as soon as you identify
any errors or discrepancies in your statement or transaction record, or
if you need any information about a transaction listed on the statement
or transaction record. We must hear from you no later than sixty (60)
days after we have sent the first statement on which the problem or error
appeared (If you notify us verbally, we may require that you send us your
complaint or question in writing or electronically within ten (10) business
days). If you fail to notify us within the sixty (60) day period, you
may not recover any of the money you lost if we can establish that the
loss could have been avoided had you notified us on time. We may extend
these time periods for good reasons such as out-of-town travel or extended
hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name
and account number; (ii) describe the error or the transaction you are
unsure about, and explain why you believe it is in error or what additional
information you need; (iii) tell us the dollar amount of any suspected
error; and (iv) for a bill payment, tell us the number of the account
used to pay the bill, the applicable payee name and account number, the
date the payment was sent, the payment amount and the payment reference
number. Generally speaking, we will tell you the results of our investigation
within ten (10) business days, or twenty (20) business days in the case
of point of sale or international transactions, after we hear from you.
However, we may take up to forty-five (45) days, or ninety (90) days in
the case of point of sale or international transactions, to investigate
your complaint or question. In this case, we may provisionally credit
your account so that you have use of the money during the time it takes
us to complete our investigation. If you fail to provide your complaint
or question in writing within ten (10) business days of a request from
us to do so, we reserve the right to not credit your account. If we confirm
an error, we will correct your account record within ten (10) business
days, or twenty (20) business days in the case of point of sale or international
transaction. If we determine that there was no error, we will send you
a written explanation within three (3) business days after we conclude
our investigation and will debit any interim amounts credited to your
account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending E-mail is a very good way to communicate with Institution regarding
your accounts or the On-line Financial Services. However, your e-mail
is actually sent via your own software and, as a result, is not secure.
Because of this, you should not include confidential information, such
as account numbers and balances in any e-mail to Institution. You cannot
use e-mail to initiate On-line Financial Service transactions. All such
transactions must be initiated using the appropriate functions within
the Internet Banking site. Institution will not be liable for any errors,
omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information
Information submitted to Institution or its suppliers is the property
of those parties, and they are free to use and disclose that information,
or any ideas, concepts, know-how or techniques contained in that information
to any third party for any purpose whatsoever, except as specifically
agreed by Institution or prohibited by law.
Links to other Sites
Information that Institution publishes on the World Wide Web may contain
links to other sites and third parties may establish links to Institutions
site. Institution makes no representations about any other web site that
you may access to, from or through this site. Unless expressly stated
in writing, Institution does not endorse the products or services offered
by any company or person linked to this site nor is Institution responsible
for any software or the content of any information published on the site
of any third party. You should take precautions when downloading files
from sites to protect your computer software and data from viruses and
other destructive programs.
Virus Protection
Institution is not responsible for any electronic virus that you may encounter
using the On-line Fund Services. We encourage you to routinely scan your
computer and diskettes using reliable virus protection product to detect
and remove viruses. If undetected and unrepaired, a virus can corrupt
and destroy your programs, files and hardware.
Damages and Warranties
In addition to the terms previously disclosed, Institution is not responsible
for any losses, errors, injuries, expenses, claims, attorneys fees,
interest or other damages, whether direct, indirect, special, punitive,
incidental or consequential, (collectively, Losses) caused
by Internet Banking or the use of the On-line Financial Services or in
any way arising out of the installation, use or maintenance of your personal
computer hardware or software, including any software provided by Institution
or one of its suppliers. In addition, Institution disclaims any responsibility
for any electronic virus(es) Customer may encounter after installation
of such software or use of Internet Banking or the On-line Financial Services.
Without limiting the foregoing, neither Institution nor its suppliers
shall be liable for any: (i) failure to perform or any Losses arising
out of an event or condition beyond their reasonable control, including
but not limited to communications breakdown or interruption, acts of God
or labor disputes; or (ii) the loss, confidentiality or security of any
data while in transit via the Internet, communication lines, postal system
or ACH network. Institution and its suppliers provide Internet Banking
and the On-line Financial Services from their own sites and they make
no representation or warranty that any information, material or functions
included in Internet Banking or the On-line Financial Services are appropriate
for use by you in your jurisdiction. If you choose to use Internet Banking
and/or the On-line Financial Services, you do so on your own initiative
and are solely responsible for compliance with applicable local laws and
regulations. Neither Institution nor its suppliers warrant the adequacy,
accuracy or completeness of any information provided as a part of Internet
Banking, the On-line Financial Services, or contained in any third party
sites linked to or from Institutions web site. INSTITUTION MAKES
NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY
OR PERFORMANCE OF INTERNET BANKING, ON-LINE FINANCIAL SERVICES, OR ANY
SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Indemnification
Customer shall indemnify, defend and hold harmless Institution and its
officers, employees, directors, suppliers and agents, in their individual
capacities or otherwise, from and against any Losses arising out of: (i)
Customers negligence; (ii) Customers failure to comply with
applicable law; or (iii) Customers failure to comply with the terms
of this Agreement.
Additional Remedies
Due to the likelihood of irreparable injury, Institution shall be entitled
to an injunction prohibiting any breach of this Agreement by Customer.
Termination and Changes in Terms
Institution reserves the right to terminate this Agreement or to change
the charges, fees or other terms described in this Agreement at any time.
When changes are made, we will notify you by: 1) electronic mail; 2) physical
mail at the address shown in our records; and/or 3) update of our web
site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed
by the laws of, the State of Texas, U.S.A.,, as well as the federal laws
of the U.S.A. Venue for any action arising out of this Agreement shall
be in a state court of competent jurisdiction covering Austin County,
Texas, U.S.A. The prevailing party in any such action shall be entitled
to the recovery of its reasonable attorneys fees, costs, and expenses.
Assignment
Institution may assign its rights and/or delegate all or a portion of
its duties under this Agreement to a third party.
Integration
This Agreement constitutes the entire understanding of the parties with
respect to the subject matter of this Agreement, and all prior agreements,
understandings and representations concerning such subject matter are
canceled in their entirety. Notwithstanding the foregoing, this Agreement
is in addition to any other agreements between you and Institution.
Severability
If there is a conflict between the terms and conditions of this Agreement
and one or more terms contained in another agreement between you and the
Institution, this Agreement will control.
Waiver
Institution shall not, by the mere lapse of time, without giving notice
or taking other action, be deemed to have waived any of its rights under
this Agreement. No waiver by Institution of a breach of this Agreement
shall constitute a waiver of any prior or subsequent breach of this Agreement.
Force Majeure
Neither party shall be liable for any loss nor damage due to causes beyond
its control, including fire, explosion, lightning, pest damage, power
surges or failures, strikes or labor disputes, water, acts of God, the
elements, war, civil disturbances, acts of civil or military authorities
or the public enemy, inability to secure raw materials, transportation
facilities, fuel or energy shortages, acts or omissions of communications
carriers, or other causes beyond that partys control. Either party
may terminate this Agreement immediately on written notice if the other
party is prevented from performing its obligations under this Agreement
for a period of more than thirty (30) days due to the reasons set forth
in this subsection.
Construction
This Agreement shall be construed equally against the parties regardless
of who is more responsible for its preparation. If there is a conflict
between a part of this Agreement and any present or future law, the part
of this Agreement that is affected shall be curtailed only to the extent
necessary to bring it within the requirements of that law.
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