Online Banking 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.

 

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.

 

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.

 

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. For access to the Internet and the Bank's NetBanking System, I agree to use one of the following supported browsers:

 

PC
Microsoft Internet Explorer (IE) - Version 7.0 - 8.0*
Firefox - Version 3 and Higher

Mac
Safari - Version 1.0 and Higher

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.