This Agreement
and Disclosures set forth your and our rights and responsibilities
concerning the use of our MainBank Online service. In this Agreement,
the word "you" and "your" mean those who sign as applicants or any
authorized user(s). The words "we," "us" "our" and "Bank" mean First
National Bank of Walker, Walker, Minnesota. "Transaction" means
debits or credits on an account, including withdrawals, deposits,
transfers and purchases. "Internet Banking Service" means the services
provided pursuant to this Agreement.
OTHER
AGREEMENTS.
The terms and conditions in this Agreement are in addition to any
deposit account agreements you have with us, including signature
cards, account terms and conditions, schedules, disclosures, and
change of terms notices (the "Deposit Agreements"). The terms and
conditions in this Agreement are also in addition to any loan or
credit agreements you have with us, including documents containing
terms and conditions, schedules, and disclosures (the "Loan Agreements").
ELECTRONIC
FUNDS TRANSFER ACT.
Some of the transactions permitted through Internet Banking Service
may be governed by the Electronic Funds Transfer Act (the "EFTA"),
and some of the terms and conditions of this Agreement are disclosures
required by the EFTA.
JOINT
ACCOUNTS.
Each holder of a joint account, acting alone, may perform transactions,
obtain information, stop or change payments or transfers, terminate
this Agreement or otherwise transact business, take actions or perform
under this Agreement. We are not required to obtain the consent
of or notify any other joint accountholder or you, about the action
of the other. However, each of you will only be permitted to access
accounts for which you are an owner, joint owner or authorized user.
Joint accountholders
are jointly and severally liable under this Agreement. Each of you
individually releases us from liability and agrees not to make a
claim or bring any action against us for honoring or allowing any
actions or transactions where the person performing the action or
transaction is one of you or is otherwise authorized to use our
Internet Banking Service. Each of you agrees to indemnify us and
hold us harmless from any and all liability (including, but not
limited to, reasonable attorney's fees) arising from any such claims
or actions.
COMMERCIAL
ACCOUNTS.
At the present time, Internet Banking Service is not available to
commercial customers.
COMPUTER
REQUIREMENTS.
This Agreement between you and the Bank governs your use of the
Bank's Internet Banking Service, defined as any electronic service
provided by the Bank that permits you to access financial services
or account information through the use of a personal computer. Access
will be provided through the Worldwide Web of the Internet. You
are solely responsible for the set up, installation, operation,
and maintenance of the equipment you use to access the Internet
Banking Service and for providing your own access to the Internet
through the Internet Service Provider of your choice. Your browser
must support at least 128-bit encryption. We are not responsible
for the cost of upgrading your equipment to stay current with the
Internet Banking Service. We are not responsible for any errors
or failures from any malfunction of your computer and we are not
responsible for any computer virus or related problems that may
be associated with the use of your computer.
ACCESS/USE
OF THE SERVICE.
To use the Internet Banking Service, you must have at least one
deposit or loan account at the Bank and access to Internet Banking
Service. You may gain access to the following types of deposit and
loan accounts using Internet Banking Service:
In general,
you will only be permitted to access accounts for which you are
an owner, joint owner or authorized user. We may, however, in our
sole discretion, deny account access or restrict account transactions
under certain circumstances.
Once we have
received your signed enrollment form, and verified your account
information, we will provide you either in person or via mail, confirmation
of our acceptance of your enrollment, along with a User ID and temporary
password. You will be required to change your password the first
time you access the Internet Banking Service. Your password must
consist of between six and ten letters or numbers.
The Bank
will not be liable for any damage that you may suffer arising out
of the use of, or inability to use, the services or products provided
hereunder. The Bank will not be liable for unauthorized access to
the Bank's transmission facilities or premise equipment or for unauthorized
access to or alteration, theft or destruction of your data files,
programs, procedures or information through accident, fraudulent
means or devices, or any other method, regardless of whether such
damage occurs as a result of the Bank.
In no event
will the Bank be liable for any other damages, including but not
limited to, loss of data, loss of revenue or profits, or for any
other special, incidental, indirect or consequential damages, arising
out of or in connection with the use of the Internet Banking Service
or the Internet. Access to the services and the Internet cannot
be guaranteed. You may be unable to access any Internet Service
Provider or the Internet at any given time, and disconnecting may
occur from time to time.
PROHIBITED
PAYMENTS
At the present time, the Bank's Internet Banking Service enables
you to:
-
Perform
account inquiries on checking, savings, certificate of deposit
and loan accounts.
-
Obtain
statement transaction detail on your checking and savings accounts.
-
Sort
and search information by account, date, amount, check number
and transaction type.
-
Transfer
funds between your deposit accounts and make loan payments.
-
Download
account information to Quicken.
-
Issue
stop payment requests.
-
Obtain
product information.
-
Send
electronic messages (E-Mail) to a Customer Service Representative
at the Bank.
-
Reorder
checks.
-
Request
an address change.
-
Request
duplicate checking account statements.
BILL
PAYMENT SERVICE.
You may also
separately subscribe to our bill payment service. To subscribe to
the bill payment service, you must have at least one checking account
with us. If you subscribe to this service, you may use the service
to make payments from a designated checking account. You cannot,
however, use the service to make payments on loans or lines of credit
accounts at the Bank. You may not designate an account that requires
two or more signatures to make withdrawals.
Payment instructions
must include the complete name of the payee, the account number,
the payee's remittance address, the amount of payment, and the date
you want the payment debited from the account.
After you issue
a payment instruction, payment will be made by transferring funds
electronically from your account and either electronically crediting
payee's account or by preparing a check made payable to the payee.
You can only
pay payees with United States addresses. While most payments can
be made using the bill payment service, we reserve the right to
refuse to pay certain payees.
You may use
the bill payment service to authorize automatic recurring payments.
These payments must be for the same amount each month and will be
paid on the same calendar day of each month, or on the following
business day if the regular payment date falls on a weekend or holiday.
When you have
entered and transmitted a payment instruction, you authorize us
to reduce your account accordingly. If there are insufficient funds
in your account to make payments you have authorized, the Bank may
either refuse to pay the item or may make the payment and thereby
overdraw the account. In either event, you are responsible for any
non-sufficient funds ("NSF") or overdraft charges we may impose,
as stated in the Deposit Agreements. We reserve the right to refuse
to honor payment requests that reasonably appear to us to be fraudulent
or erroneous.
ACCOUNT
BALANCE INFORMATION.
Balances shown
online are as of the close of business for the prior business day.
Balances may include deposits subject to verification by us. Balances
may differ from your records due to deposits in process, outstanding
checks or other withdrawals, payments or charges. We have the right
to cancel transactions if sufficient funds are not available in
your account. If a hold has been placed on deposits made to an account
from which you wish to transfer funds, you cannot transfer the portion
of the funds held until the hold expires.
BUSINESS
DAYS/HOURS OF OPERATION.
Internet Banking
Service is generally available twenty-four (24) hours a day, seven
(7) days a week, except during maintenance periods or due to an
emergency. However, we only process transactions and update information
on business days. Our business days are Monday through Friday, except
Bank holidays. Any transaction, request or instruction made on a
day that is not a business day will be delayed until the next business
day.
CUT-OFF
TIMES.
Transactions
initiated through Internet Banking Service before 3:00 p.m. (Central
Standard Time) on a business day are posted to your account the
same day. Transactions completed after 3:00 p.m. (Central Standard
Time) on a business day, Saturday, Sunday or Bank holiday, will
be posted on the next business day.
Internet Banking
Service identifies transactions based upon the User ID of the user
who made the electronic transfer. Accordingly, you understand and
acknowledge that the Internet Banking Service screens may not reflect
transactions made by multiple users from the same account if different
User IDs are used. You agree to communicate with any other persons
with authorized access to accounts concerning any account transactions
in order to avoid overdrafts.
FUNDS
TRANSFER/TRANSACTION LIMITATIONS.
Your ability
to transfer funds between certain accounts is limited by federal
law, as stated in the Deposit Agreements. For example, you can make
no more than six (6) transfers from a savings or money market savings
account during each statement period, and, in the case of a money
market savings account, no more than three (3) of such transfers
may be made by check. Fund transfers made using both Internet Banking
Service and the other transfer methods described in the Deposit
Agreements are counted against the permissible number of transfers.
We reserve the
right to limit the frequency and dollar amount of transactions from
your accounts for security reasons.
Each transfer
made from a demand deposit account that triggers a line of credit
is treated as a cash advance from that account and is subject to
terms of the Loan Agreements.
Transactional
information for your accounts is only available for ninety (90)
days. Further, the transactional information available through Internet
Banking Service is for transactions completed after you are enrolled
in Internet Banking Service.
We may not immediately
receive correspondence sent by you through E-Mail. Therefore, you
should not rely on E-Mail if you need to communicate with us immediately.
For example, if you need to report an unauthorized transaction,
you must contact us immediately. We will not take actions based
on E-Mail requests until we actually receive the message and have
a reasonable opportunity to act.
If you have
access to funds transfer features of the Internet Banking Service,
which include loan payments, we may consider funds transfer requests
received from you as having been authorized by you, and we shall
be held harmless from executing any such funds transfer request.
SCHEDULING
BILL PAYMENTS.
When using the
bill payment service, you should enter and transmit bill payment
instructions at least five (5) days before a bill is due. We are
not responsible for timely delivery of mail or the improper transmission
or handling of payments by a third party such as the failure of
the payee to properly post a payment to your account. You are responsible
for any late payment or finance charges that may be imposed by the
payee.
NO
SIGNATURE REQUIRED.
When using Internet
Banking Service to pay bills, you agree that we may debit an account
to pay checks that you have not signed. When using Internet Banking
Service to make transfers from credit accounts, you agree that we
may take any action required to obtain cash advances on your behalf,
including charging a linked credit account at the Bank or at an
affiliate, without your signature.
CANCELING
A BILL PAYMENT.
To cancel a
bill payment that you have scheduled through Internet Banking Service,
you must cancel the payment online via Internet Banking Service
(by following the onscreen instructions) before 9:00 a.m. (Central
Standard Time) on the date the payment is scheduled to be debited
from your account.
STOP
PAYMENT REQUESTS.
Once the bill
payment has been debited from your account, you CANNOT cancel or
stop a bill payment which has been paid electronically. You may
be able to stop an Internet Banking Service bill payment paid by
paper draft by contacting us by telephone before the paper draft
has cleared. You will have to contact us by telephone to determine
if the paper draft has cleared. If the paper draft has not cleared,
we will immediately process your stop-payment request. If the paper
draft clears before the stop-payment request is processed, we will
notify you immediately. To be effective, this type of stop-payment
request must precisely identify the name of the payee, the payee-assigned
account number, the amount and scheduled date of the payment, and
the ID number from the bill payment screen.
You acknowledge
that the stop payment feature of the Internet Banking Service is
an alternate entry system for issuing stop payment orders between
you and the Bank. When using Internet Banking Service to stop payments,
you should follow the onscreen instructions. Prior to requesting
a stop payment, you must first verify that the item has not already
been posted to you account. If a stopped item has already been paid
prior to the Bank's entry of the request, we shall not be liable
for an loss incurred by you arising from the event.
You may initiate
stop-payment requests online via Internet Banking Service only for
paper checks you have written (non-electronically) on your accounts
(not bill payer paper drafts). Online stop-payment requests received
before 4:00 p.m. (Central Standard Time) are typically processed
on the same business day they are received. Stop payment requests
received after 4:00 p.m. (Central Standard Time) are typically processed
on the next business day. To be effective, this type of stop-payment
request must precisely identify the name of the payee, the check
number, the amount, and the date of the check.
If you make
stop-payment requests online or by telephone, we may also require
you to provide us with a written, paper request within fourteen
(14) days. If you elect to cancel or stop payment using Internet
Banking Service, such requests will not be effective until we acknowledge
receipt. You will incur stop-payment charges as disclosed in the
current fee schedule for the applicable account. In the event you
want to stop a bill pay paper draft, stop payment charges incurred
by any third party check processor will be assessed.
FEES
AND CHARGES.
Fees payable
by you for access to and use of the Internet Banking Service shall
be at a rate specified in our fee schedule, which may be amended
from time to time. We may change fees upon thirty (30) days prior
written notice to you. You authorize us to deduct all applicable
fees from any deposit account you have at the Bank. You are responsible
for telephone and Internet service fees incurred in connection with
using Internet Banking Service.
STATEMENTS.
You will not
receive a separate Internet Banking Service statement. We will mail
or deliver to you periodic statements for your accounts with the
regularity provided for in the Deposit and Loan Agreements. In addition
to reflecting your other account activity, the statements will include
any transactions authorized using Internet Banking Service.
USER
ID AND PASSWORD.
The User ID
and password are issued to you for security purposes. You will be
required to change your password upon your initial log-in to the
Internet Banking Service, and agree to change it regularly thereafter.
Upon three unsuccessful attempts to use your password, your access
to the Internet Banking Service will be revoked. You must contact
us to have your password reset or to obtain a new temporary password.
You agree to keep your User IDs and passwords confidential to prevent
unauthorized access to your accounts and to prevent unauthorized
use of Internet Banking Service. You are responsible for any transactions,
including charges or fees, made by another person if you provide
User IDs or passwords to another person, even if that person is
not an accountholder, and that such transactions will be deemed
to be "authorized transactions" under the EFTA.
To help safeguard
passwords, you should change passwords frequently. You should create
a password that uses both upper and lower case alpha and numeric
characters for purposes of security. Your passwords should not be
associated with any commonly known personal identification, such
as social security numbers, addresses, dates of birth, or names
of children. For security purposes, you should memorize passwords
and not write them down. If you forget a password, you must contact
us to have a new temporary password issued. It may take several
days before you receive this temporary password.
SECURITY.
Your role in
preventing misuse of your accounts through the Internet Banking
Service is extremely important. You agree to promptly review your
periodic statement as soon as you receive it. You agree to protect
the confidentiality of your account and account number, and your
personal identification information, such as your driver's license
number and social security number. You understand that personal
identification information by itself, or together with information
related to your account, may allow unauthorized access to your account.
Your User ID and password are intended to provide security against
unauthorized entry and access to your accounts. Do not leave your
computer unattended while you are connected to the Internet Banking
Service. Data transferred through the Internet Banking Service is
encrypted in an effort to provide transmission security. The Internet
Banking Service utilizes identification technology to verify that
the sender and receiver of transmissions can be appropriately identified
by each other. By combining the latest technology with authenticated
access to the server, the Bank makes your Internet Banking sessions
secure. You must acknowledge, however, that all data transfers,
including electronic mail, occur openly on the Internet and could
possibly be monitored and read by others. We cannot and do not warrant
that all data transfers utilizing the Internet Banking Service,
or E-Mail transmitted to and from us, will not be monitored or read
by others.
BANK'S
RESPONSIBILITIES.
We are responsible
for completing transactions on time according to your properly entered
and transmitted instructions. However, we will not be liable: õ
If, through no fault of ours, you do not have sufficient funds in
your account.
-
If
the funds in your account are subject to a dispute, legal process
or other encumbrance, restricting such transaction.
-
If
your account has been closed.
-
If
the transaction would cause your balance to go over the credit
limit of an established line of credit or the credit limit for
any credit arrangement set up to cover overdrafts, or if the transaction
exceeds the balance in your savings account that has been linked
to your checking account for overdraft protection.
-
If
withdrawals from any of your linked accounts have been prohibited
by a court order such as a garnishment or other legal process.
-
If
you have not properly followed software or Internet Banking Service
instructions on how to do a transaction.
-
If
you have not given us complete, correct, and current instructions
so that we can complete a transaction or a bill payment.
-
If
you have not properly followed software or Internet Banking Service
instructions on how to make a transfer or bill payment.
-
If
you do not authorize a bill payment soon enough for payment to
be made and properly credited by the payee by the time it is due.
-
If
we make a timely bill payment but the payee nevertheless does
not credit payment promptly after receipt.
-
If
the terminal or system was not working properly and you knew about
the problem when you started the transaction.
-
If
your negligence by sharing or handling of User IDs or passwords
results in unauthorized account transactions.
-
If
circumstances beyond our control (such as fire, flood, interruption
in telephone service or other communication lines) prevent the
transaction, despite reasonable precautions that we have taken.
õ There may be other exceptions to our liability as stated in
the Deposit Agreements and Loan Agreements.
NOTICE
OF YOUR RIGHTS AND LIABILITIES.
Use of the Internet
Banking Service requires a PASSWORD. You agree to keep your PASSWORD
secret and to notify us immediately if your PASSWORD is lost or
stolen or if you believe someone else has discovered your PASSWORD.
We may accept as authentic, any instructions given to us through
the use of your PASSWORD. Therefore, you agree that if you give
your PASSWORD or allow it to be given to someone else, you are authorizing
them to act on your behalf, and we may accept any instructions they
give us to make transfers or otherwise use the Internet Banking
Service. The Internet Banking Service enables you to change your
PASSWORD and we require that you do so regularly.
Tell us AT ONCE
if you believe your password has been lost or stolen, used without
your authorization, or compromised in any way, or if someone has
transferred or may transfer money from your accounts without your
permission. Telephoning us at 218-547-1160 during normal business
hours is the best way of preventing possible losses.
You could lose
all the money in your account (plus your maximum overdraft line
of credit, if any). If you tell us within two (2) business days
after you learn of the loss, theft, compromise, or unauthorized
use of your password, you can lose no more than $50 if someone uses
your password without your permission. If you do not tell us within
two (2) business days after you learn of the loss, theft, compromise,
or unauthorized use of your password, and we can prove we could
have stopped someone from using your password to access your accounts
without your permission if you had told us, you could lose as much
as $500.
Also, if your
statement shows transfers that you did not make, tell us at once.
If you do not tell us within sixty (60) days after the statement
was mailed to you, you may not get back any money you lost after
the sixty (60) days if we can prove that we could have stopped someone
from taking the money if you had told us in time. If a good reason
such as a long trip or hospital stay kept you from telling us, we
will extend the time period.
CONFIDENTIALITY.
The Bank may
disclose information to third parties about your accounts. We have
entered into an agreement to have another party provide the Internet
Banking Service. We will provide this party with information about
your accounts, transactions, and e-mail messages. We will disclose
information to third parties about your accounts or the transactions
you make: õ Where it is necessary to complete transactions. õ In
order to verify the existence and condition of your account for
a third party, such as a credit bureau or merchant. õ In order to
comply with government agency or court orders. õ If you give us
your written permission. õ As otherwise provided by law. To protect
your privacy, any information received by or processed through an
electronic terminal shall be treated and used only in accordance
with applicable law. This section does not limit, alter or amend
the Bank's information handling practices and Privacy Policy. Please
review the Bank's Privacy Policy for further details.
DATA
RECORDING.
When you contact
Internet Banking Service to conduct transactions, the information
and E-Mail messages you enter may be recorded. By using Internet
Banking Service, you consent to such recording.
IN
CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUND TRANSFERS.
If you think
your statement is wrong, or if you need more information about a
transaction listed on the statement,
| Telephone
us at: 218-547-1160 |
Or
|
write
to us at:
|
First
National Bank of Walker
P.O. Box 520
Walker, MN 56484 |
ADDITIONAL
ERROR RESOLUTION PROCEDURES.
We must hear
from you no later than sixty (60) days after we sent the FIRST statement
on which the problem or error appeared.
-
Tell
us your name and account number.
-
Describe
the error or the transfer you are unsure about, and explain as
clearly as you can why you believe it is in error or why you need
more information.
-
Tell
us the dollar amount of the suspected error.
If you tell
us orally, we may require that you send us your complaint or question
in writing within ten (10) business days. We will determine whether
an error occurred within ten (10) business days after we hear from
you and will correct any error promptly. If we need more time, however,
we may take up to forty-five (45) days to investigate your complaint
or question. If we decide to do this, we will credit your account
within ten (10) business days for the amount you think is in error,
so that you will have the use of the money during the time it takes
us to complete our investigation. If we ask you to put your complaint
or questions in writing and we do not receive it within ten (10)
business days, we may not credit your account. We will tell you
the results within three (3) business days after completing our
investigation. If we decide that there was no error, we will send
you a written explanation. You may ask for copies of the documents
that we used in our investigation.
LIMITATION
OF LIABILITY AND DISCLAIMER OF WARRANTY.
The Bank will
be responsible for acting only on those instructions sent through
the Internet Banking Service which are actually received and cannot
assume responsibility for malfunctions in communications facilities
not under its control that may affect the accuracy or timeliness
of messages you send. The Bank is not responsible for any losses
or delays in transmission of instructions arising out of the use
of any Internet Service Provider or caused by any browser software.
Any information you receive from the Bank can only be provided on
a best-efforts basis for your convenience and is not guaranteed.
The Bank is not liable for any deficiencies in the accuracy, completeness,
availability or timeliness of such information or for any investment
or other decision made using this information. The Bank is not responsible
for any computer virus or related problems that may be attributable
to the Internet Banking Service or to any services provided by any
Internet Services Provider.
YOU AGREE
THAT NEITHER THE BANK NOR ANY PERSON OR COMPANY ASSOCIATED WITH
THE BANK SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE
OR INABILITY TO USE OUR WEBSITE, THE PRODUCTS OR SERVICES PROVIDED
ON OUR WEBSITE, OR THE MATERIALS ON OUR WEBSITE. THIS PROTECTION
COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT AND ANY OTHER LEGAL
THEORY. THIS PROTECTION COVERS THE BANK, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND ALL PROVIDERS MENTIONED ON OUR WEBSITE. THIS
PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT
OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES,
PERSONAL INJURY/WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL
LIABILITY OF THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND PROVIDERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO
THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE
LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT
SHALL THE BANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS
BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT
DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF
OUR WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE BANK, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION.
If you use or
misuse our website in a way that causes a lawsuit or other claim
of injury against the Bank, you have certain responsibilities. You
agree to defend, indemnify and hold the Bank harmless from and against
any claims, actions or demands, liabilities and settlements. This
indemnification also covers the Bank's officers, directors, employees,
agents, and suppliers. Your indemnification includes, without limitation,
the costs of reasonable legal and accounting fees.
USE
OF MATERIALS ON OUR WEBSITE.
The materials
on our website belong to the Bank. There are some important rules
about copying these materials. You may download or print one copy
of the materials on our website, but only for your personal, noncommercial
use. When you download or print a copy of the materials on our website,
you must also include all copyright and other notices that are in
the materials, including the copyright notice on the bottom of the
page. The materials on our website are protected by United States
and foreign copyright laws. If you use the materials in a way that
is not clearly allowed by this Agreement, you are violating your
contract with us and may be violating copyright, trademark, and
other laws. In that case, we automatically revoke your permission
to use the materials and you must immediately destroy any copies
you have made. Title to the materials remains with us or with the
authors of the materials contained on our website. All rights not
expressly granted are reserved.
THIRD
PARTY SOFTWARE - VIRUS PROTECTION.
The Bank makes
no representations or warranties regarding the accuracy, functionality,
or performance of a third party software that may be used in conjunction
with the Internet Banking Service. The Bank is not responsible for
any electronic virus or viruses that you may encounter. We encourage
our customers to routinely scan their PC and diskettes using a reliable
virus product to detect and remove any viruses. Undetected or unrepaired
viruses may corrupt and destroy your programs, files and even your
hardware. Additionally, you may unintentionally transmit the virus
to other computers.
LINKS
TO OTHER SITES.
Our website
may contain links to websites not operated by the Bank. We provide
these links for your convenience, but we do not review, control,
or monitor the materials on any other websites. We do not control,
guarantee, endorse or have any responsibility for the content, recommendations,
products or services provided by the linked sites. We are not responsible
for the performance of those sites or for your business dealings
with them. We are not liable for any failure of products and services
advertised on those sites. Your use of other websites is subject
to the terms of use of those sites, including the privacy policies
of those sites. Further, any of the linked websites may provide
less security than the Bank's website.
ADVERTISING.
Our website
may include advertisements for products or services offered by other
companies. The Bank may receive payment from these advertisers.
We do not allow advertisers to have any influence on the information
we provide. Although we believe you may find that information offered
by advertisers is helpful, the Bank does not endorse or guaranty
any product or service offered by advertisers. Our website includes
promotional material about the Bank's products and services.
YOUR
FEEDBACK, COMMENTS AND IDEAS.
While the Bank
is pleased to receive feedback, comments and ideas from visitors
to its website, we want you to understand that any information that
you submit through the website will be considered non-personal,
non-confidential, and non-proprietary (other than personal financial
information, as that term is defined in our Privacy Statement).
If you transmit any ideas, information, concepts, know-how or techniques
or materials to us through our website, you hereby grant the Bank
an unrestricted, royalty-free, irrevocable license to use, reproduce,
display, perform, modify, transmit and distribute them, and agree
that the Bank is free to use them for any purpose.
SEVERABILITY.
In the event
any one or more of the provisions of this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain valid and enforceable.
JURISDICTION
AND VENUE.
You agree that
the only proper jurisdiction and venue for any dispute with the
Bank, or in any way relating to your use of Internet Banking Service,
is in the state and federal courts in the State of Minnesota, U.S.A.
You further agree and consent to the exercise of personal jurisdiction
in these courts in connection with any dispute involving the Bank
or its affiliates, employees, officers, directors, agents, and providers.
This Agreement
is governed by the internal substantive laws of the State of Minnesota,
without respect to its conflict of laws principles, and the federal
laws of the United States.
WAIVER.
Any waiver (express
or implied) by either party of any default or breach of this Agreement
must be in writing and signed by an authorized officer of the Bank,
and shall not constitute a waiver of any other or subsequent default
or breach.
ASSIGNMENT.
The Bank may
assign its rights and delegate its duties under this Agreement to
a company affiliated with the Bank or to any other party. You may
not assign any of your rights or duties under this Agreement at
any time.
ENTIRE
AGREEMENT.
Except as set
forth in the paragraph above on Other Agreements, this Agreement,
together with the Enrollment Form and Schedule of Fees and Charges,
is the entire agreement between you and the Bank regarding your
use of the Internet Banking Service, and it supersedes any prior
discussions and agreements between you and the Bank regarding your
use of the Internet Banking Service, and supersedes any marketing
or other similar material pertaining to the Internet Banking Service
delivered to you in writing, verbally or obtained at any Bank site
or the site of any Internet Service Provider.
CHANGE
IN TERMS.
We may amend
this Agreement and Disclosures at any time. We may also change the
Internet Banking Service, including fees, at any time. If we change
any term(s) or condition(s) that would result in a greater cost
or liability to you or decrease access to your accounts, we will
notify you at least thirty (30) days in advance. Notices mailed
or delivered to you under this paragraph will be considered effective
if mailed to the most recent address we show for you on the account
records, sent to the E-Mail address which you authorized to receive
such notices and/or disclosures or by posting the required notice
on our website. You understand that by using the Internet Banking
Service after you have been notified of the change, and after the
change becomes effective, you are agreeing to the change.
We do not need
to provide you with any prior notice where an immediate change in
the terms or conditions of the Agreement is necessary to maintain
or restore the security of our system or an account. However, in
these cases, if the change is to be made permanent, we will provide
you with a notice of the change with the next regularly scheduled
periodic statement we send you if practicable, or within thirty
(30) days, unless disclosure would jeopardize the security of our
system or an account.
You agree that
changes to fees applicable to specific accounts are governed by
the applicable Deposit Agreements, Loan Agreements, Schedules and
disclosures.
TERMINATION.
You or the Bank
may terminate this Agreement and your Internet Banking Service subscription
at any time upon giving notice of the termination to the other party.
If you terminate Internet Banking Service, you authorize the Bank
to continue transactions you have previously authorized and continue
to charge monthly fees until such time as we have had a reasonable
opportunity to act upon your termination notice. Once we have acted
upon your termination notice, we will make no further transactions,
including transactions you previously authorized. If we terminate
your use of Internet Banking Service, we reserve the right to make
no further transactions, including any transactions you have previously
authorized. If the Internet Banking Service is terminated by either
party, we are not liable for any losses related to payments not
made as a result of termination, for example, re-occurring payments
that are not made.
You may cancel
your Internet Banking Service at any time by providing a written
notice via postal mail to:
First
National Bank of Walker
P.O. Box 520
Walker, MN 56484
Attention: Internet Banking Manager |
COMMUNICATION.
Unless this
Agreement provides otherwise, you can communicate with us in any
one of the following ways:
-
E-Mail
-
Telephone
-
Facsimile
-
Postal
Mail
Electronic messages
sent and received via the "Contact Us" option in Internet Banking
Service (i.e., once your User ID and Password have been accepted
by us and your browser shows that a secure connection has been established)
are sent over a secure line. Communications sent over the public
Internet are not necessarily secure. Therefore, we will not send,
and we strongly suggest that you do not send, any confidential account
information unless you are using the electronic communication options.
You agree that we may take a reasonable time to act on any e-mail.
Correspondence that requires expeditious handling - for example,
if you need to report an unauthorized transaction from one of your
accounts, or if you need to immediately stop payment on a check
you have issued, should be made by calling the Bank. You agree that
the Bank may send you electronic messages about other products or
services we offer.
RETENTION.
This Agreement
should be printed and retained for future reference.
CONSENT
TO ELECTRONIC DELIVERY OF NOTICES.
You agree that
any notice or other type of communication provided pursuant to the
terms of this Agreement, and any future disclosures required by
law, including electronic fund transfer disclosures, may be made
electronically by posting the notice on the Internet Banking Service
website or by E-Mail. You agree to notify us immediately of any
change in your E-Mail address.
THE FIRST
TIME YOU LOG IN TO THE INTERNET BANKING SERVICE YOU WILL BE ASKED
TO REVIEW THE TERMS AND CONDITIONS BEFORE YOU CAN PROCEED. IF YOU
WISH TO PROCEED, PLEASE INDICATE THAT YOU HAVE READ AND UNDERSTAND
THE TERMS OF THIS AGREEMENT, AND THAT YOU INTEND TO CREATE A VALID
AND BINDING LEGAL CONTRACT BETWEEN YOU AND THE BANK.
Internet Banking
Fee Schedule
| Stop
payments |
$15.00
|
| Check
reprint |
$.25 per check |
| Statement
reprints |
$.50 for current month, $2.00 per month thereafter |
See First National
Bank of Walker Fee Schedule for all other Bank fees.
GENERAL
TERMS OF USE 
