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AMERICAS COMMUNITY BANK
MEMBER FDIC
Important: Read
Carefully before Agreeing. This document obligates you in certain ways,
and explains your legal responsibilities when using NetBanking.
NetBanking Agreement
I understand and agree
that my Access ID and Password will be known only to me and that it is
CONFIDENTIAL, and should be safeguarded by me, and that all transactions
and other actions conducted using this Access ID and Password will be
considered to be authorized by me, and that I will be responsible for
all such actions and transactions conducted under the authority of this
Access ID and Password, just as though I had conducted the transaction
personally in a paper medium. My Access ID and Password should not be
revealed to any unauthorized users, even Bank staff. I agree to
immediately notify the Bank if I become aware of 1) any loss or theft of
my Access ID or Password, 2) any unauthorized use of my Access ID or
Password, 3) any error involving any transaction that I initiate using
my Access ID or Password.
I understand and agree
that this agreement is an amendment to the Deposit Account Terms and
Conditions, which I have previously agreed to, and is incorporated into
those agreements by reference. This agreement may modify those
agreements in certain ways. I agree to use the Bank’s NetBanking
Services only in accordance with this agreement, and for legal purposes,
and that the Bank may amend or terminate this agreement upon notice to
me via electronic communications or otherwise. My continued use of this
service beyond the notice period will confirm my acceptance of the
amendment.
I understand that date,
including e-mail, electronic communications, and personal financial data
may be accessed by unauthorized users when communicated between me and
the Bank and that appropriate data security protocols are used mitigate
these risks to a reasonable level. I agree to use software provided by
third parties that supports a data security protocol compatible with the
protocol used by the Bank. I acknowledge that the Bank is not
responsible for notifying me of any upgrades, fixes or enhancements to
any software, or for any compromise of data transmitted across computer
networks or telecommunications facilities, including, but not limited
to, the Internet.
I understand that the
Bank contracts for the NetBanking product from a third part. To the
best of the Bank’s understanding, the third party provider makes every
effort to provide a fully functional backup site to allow individual
Bank customers the ability to access the NetBanking product in the event
of a disaster at the vendor’s primary processing site. The vendor’s use
of a backup site should not affect my ability to transact business via
the NetBanking product; however, disruptions may occur from time to time
and for various reasons out of the control of the vendor or the Bank.
VIRUS PROTECTION
I agree that the Bank is not responsible for any
electronic virus that I may encounter using the Service. I understand I
am encouraged to routinely scan my PC and diskettes using any reliable
virus protection product to detect and remove any viruses found.
Undetected or un-repaired, a virus may corrupt and destroy my programs,
files and even my hardware.
OUR LIABILITY
Unless otherwise prohibited by law, any
communication or material I transmit to you via the site or internet
electronic mail is on a non-confidential basis and the Bank may use such
communication or material for any purpose consistent with the Bank’s
Privacy Policy, including reproduction, publication, broadcast and
posting. The Bank will use its best efforts to include accurate and up
to date information on the site, but makes no warranties or
representations as to the accuracy of the information. I agree that all
access and use of the site and its contents is at my own risk.
By using the site, I acknowledge that Bank
specifically disclaims any liability (whether based in contract, tort,
strict liability or otherwise) for any direct, indirect, incidental,
consequential, or special damages arising out of or in any way connected
with my access to or use of the site, (even if Bank has been advised of
the possibility of such damages) including liability associated with any
viruses which may infect a user’s computer equipment.
With regard to services or products purchased or
obtained by me through the site from a person or entity other than the
Bank and with regard to services or products offered through the site by
the Bank, unless otherwise expressly provided herein, the Bank makes no
warranty of merchantability or warranty of fitness for a particular
purpose with regard to such services and products and the Bank
specifically disclaims all other warranties with regard to such services
and products.
I agree to defend, indemnify and hold the Bank
harmless from and against any and all claims, losses, liability costs
and expenses, (including, but not limited to attorneys’ fees), arising
from my violation of this Agreement, state or federal Banking laws or
regulations, or any third party’s rights, including but not limited to
the infringement of any copyright, violation of any proprietary right
and invasion of any privacy rights. This obligation will survive the
termination of this Agreement.
I understand and agree that the services made
available via NetBanking may vary from time to time; that they are
subject to the sole discretion of the Bank; and that the Bank may cancel
this Agreement at any time at its sole discretion, for any reason,
including but not limited to my breach of this Agreement, or an
unauthorized use of my Access ID or Password; that the Bank will not be
liable for any damages, including without limitation, direct or
indirect, special, incidental, or consequential damages, losses, or
expenses arising in connection with my use of, or inability to use, this
service, or in connection with any failure of performance, error,
omission, interruption, defect, delay in operation or transmission,
computer virus, spyware, adware, key-logging software, or any other
undesirable or damaging software which may be transmitted to or reside
on my computer or line or system failure, even if the Bank is advised of
the possibility of such damages, losses, or expenses; that no warranty
of any kind, implied, express, or statutory is given in conjunction with
the providing of this service.
I understand and agree that the information provided
is the property of the Bank or other providers and may be protected by
copyright. I agree not to reproduce, retransmit, sell, distribute,
publish, or commercially exploit the information in any manner. I also
agree not to use the information for any unlawful purpose. I understand
and agree that any e-mail or secure messages that I may send to the Bank
will become the property of the Bank and may be retained by them. I
will not use any electronic communications feature of the Bank for any
purpose that is unlawful, abusive, harassing, libelous, defamatory,
obscene or threatening. I understand and agree that the Bank may charge
a fee for certain services provided under the terms of this agreement,
after such fees have been properly disclosed to me as required by law
and regulation.
CONSENT TO RECEIVE ELECTRONIC DELIVERY OF
CONSUMER DISCLOSURES
I understand and agree that Stop Payment requests
placed online under the authorization of my Access ID and Password will
be considered to be written orders under Missouri law, just as though
they bore my signature, and, upon acceptance by the Bank, will be valid
for six (6) months unless renewed. I hereby authorize any authorized
signer on an account to release a Stop Payment Request that I may have
placed via the NetBanking System. I understand I may receive and retain
electronic copies of Stop Payment Requests that have been placed via the
NetBanking System. If I wish I may receive paper copies of Stop Payment
Requests that have been placed via the NetBanking System by visiting on
of the Bank’s offices. I may retain information about these electronic
Stop Payment Requests in my computer system and/or print them. I also
may place a Stop Payment Request by visiting one of the Bank’s offices
using the paper based system.
I understand and agree that any disclosures that
various Banking laws and regulations require the Bank to provide or make
available to me, concerning transactions in the NetBanking System, may
be provided to me electronically, via the Internet. I agree to receive
and retain these electronic copies of disclosures for transactions that
I have initiated on the NetBanking System. I may retain these
electronic disclosures in my computer system and/or print them. If I
wish to initiate a paper based transaction, or to receive a paper copy
of an online transaction, I must visit one of the Bank’s offices.
There is no option to routinely receive paper copies
of NetBanking transactions. If I wish to withdraw my consent to access
and retain electronic disclosures, I must close my NetBanking account
and conduct transactions using the Bank’s paper based transaction
system. To do this, I will see a Customer Service Representative at one
of the Bank’s offices.
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