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FARMERS AND MECHANICS FEDERAL SAVINGS AND LOAN ASSOCIATION
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INTERNET BANKING / BILL PAYMENT
SERVICE AGREEMENT AND DISCLOSURE STATEMENT By signing an application and enrollment form (the “Application”) to subscribe to certain personal computer banking and related services offered by Farmers and Mechanics Federal Savings and Loan Association, an Indiana savings and loan association, as described in this Service Agreement (this “Agreement”) and as otherwise made available by us from time to time (collectively, Farmers and Mechanics Federal Internet Banking Service”), or by your initial access to Farmers and Mechanics Federal Internet Banking Service, and in consideration of our allowing you access to Farmers and Mechanics Federal Internet Banking Service, you agree to the terms and conditions of this Agreement. Each reference in this Agreement to the “Association”, “Farmers and Mechanics Federal Savings and Loan Association”, “Farmers and Mechanics Federal”, “we”, “us”, or “our” refers to Farmers and Mechanics Federal Savings and Loan Association, an Indiana savings and loan association, and each reference to “you” and “your” refers to each depositor, borrower, authorized signer, or authorized user for an account (as defined below) who is now or hereafter enrolled in any one or more of the Farmers and Mechanics Savings and Loan internet banking services with respect to the account. Each time you use our internet banking service constitutes confirmation by you of your agreement to the terms of this Agreement and any screens that appear on your computer when you sign on to the Association’s website. This agreement will be effective as of the date of our acceptance of this Agreement as evidenced by our issuance of a PIN to you as provided in Section 3. Please read this Agreement carefully and keep it for future reference. INTERNET BANKING FEATURES
INTERNET SECURITY OVERVIEWFarmers and Mechanics Federal Internet Banking and domain hosting is provided by The Digital Insight Network. Ensuring you have a secure online banking experience is our number one priority.This level of security is achieved by:
BROWSER SECURITYFarmers and Mechanics Federal Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your browser and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator on your web browser can verify this. Netscape Navigator has a key symbol that appears in the lower left corner of the screen. When the symbol appears “solid”, transmitted data is being encrypted. When this symbol appears “broken”, a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure. Recommended Operating Systems:
Windows 2000 SP4, Win XP SP2 and Mac OS X 10.3 or higher
HOST SECURITY
Digital Insight provides a number of additional security features in online banking. Online banking will "timeout" after a specified period of inactivity. This prevents curious persons from continuing your home banking session in case you have left your PC unattended without logging out. You may set the timeout period in the User Options screen of online banking. However, we recommend that you always sign-off (log out) when you are done with your online banking. The network architecture used to provide the online banking service was designed by the brightest minds in network technology. While the architecture is too complex to explain here, it is important to point out that the computers that store your actual account information are not hooked up to the Internet. The requests you make through the Internet are handled by our home banking servers, which retrieve the information you requested from our mainframe via proxy-based firewall servers, these servers act as the go-between you and our mainframe computer . AUTHORIZATIONIt is also important to verify that only authorized persons log into home banking. This is achieved by verifying your password. When you submit your password, it is compared with the password we have stored in our secure data center. We allow you to enter your password incorrectly five (5) times. If you enter your password incorrectly five times, your online banking account will be locked until you call us to reinitialize the account. We monitor and record "bad-login" attempts to detect any suspicious activity (i.e., someone trying to guess your password). You play a crucial role in preventing others from logging on to your account. Never use passwords that are easy to guess. Examples of bad passwords are: Birth dates, first names, pet names, addresses, phone numbers, social security numbers, etc. Never reveal your password to another person. You should periodically change your password in the User Option screen of online banking. LINKSLinks to non-Farmers and Mechanics Federal websites contained in this site are offered only as pointers to sources of information on subjects that may be of interest to users of our website, and we are not responsible for the content of such sites, as we have no control over what is displayed there. The Association does not guarantee the authenticity of documents at such sites, and links to non-Farmers and Mechanics Federal sites do not imply any endorsement of or responsibility for the ideas, opinions, information, products, or services offered at such sites. Use of links to any non-Farmers and Mechanics Federal site is solely at the user’s own risk.
You may use Farmers and Mechanics Federal online to perform any of the following services designated by you in the Application or subsequently added by you as provided below:
A. To transfer funds between specified Deposit Accounts, such as checking and other eligible deposit accounts; or to transfer funds to your loan accounts. Transfers may be set up as a one-time transfer or as a scheduled transfer. 6. Transfers to and from Accounts. A. Deposit Accounts. You may use Farmers and Mechanics Federal to initiate electronic fund transfers from one Deposit Account that is a checking or money market deposit account to another Deposit Account that is a checking or money market deposit account, as provided in this Agreement. These types of transactions are referred to in this Agreement as “bank transfers”.
*Except as expressly otherwise provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability (the “Schedule of Funds Availability”). The schedules provided in his Section are subject to the provisions of Section 14 and 15.
7. Account Information. You may use Farmers and Mechanics Federal internet banking to receive, store, or print information regarding an account that is routinely set forth in the statement for the Account, debits and credits made to the account, amounts and item numbers for items drawn on the account (if applicable), and the daily account balance (including interest credited to a Deposit Account and finance charges accrued on a Credit Account). If the Account is a Deposit Account that consists of two or more sub-accounts, the account information provided will be for the sub-accounts through which you have access to your funds in the account. All account information provided via Farmers and Mechanics Federal internet banking will be current as of the end of the preceding business day, will not reflect bank transfers or bill payments made since the end of the preceding business day, and is subject to further adjustment and correction. Because the information is made available to you is “raw data”
furnished through the Service Provider and is subject to change, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same. You will still receive your usual periodic statement of account, and adjustments may have been made to your account in connection with the preparation of you statement.
8. Bill Payment Service.
B. Authorization. You agree that we may treat any bill payment that was initiated through Farmers and Mechanics Federal internet banking by you or by any other person who is authorized to use your PIN the same as your duly executed written payment order or check, all in accordance with the terms of this Agreement and your deposit agreement with us. C. Time of bill payments. Each bill payment must be initiated a certain number of business days before the business day that you want the bill payment to be made (the “Payment Date”). This number of business days is referred to as the “lead time”. The first time you initiate a bill payment for a specific payee, the lead time will be 10 business days. Thereafter, the lead time for the payee will be three (3) banking business days for electronic payments and five (5) banking business days by check, as noted on your online payee list. You should schedule payments to allow at least 3 days (before the due date, ) for electronic payments and at least 5 days (before the due date) for check payments. If you initiate a bill payment before 9 P.M. Eastern Time on a business day, the bill payment will be deemed initiated on that business day. If you initiate a bill payment other than before 9 P.M. Eastern Time on a business day (for example, on a Saturday, Sunday or holiday), the bill payment will be deemed initiated on the next business day. You should schedule each bill payment to be made prior to the due date of the bill payment. If you do not schedule a bill payment on time or if your do not otherwise initiate a bill payment properly, you will be solely responsible for any late charges, finances charges, or other costs resulting from failure to make the bill payment on time. You will be solely responsible for all inputting errors. D. Checks. If the payee cannot or will not accept a bill payment by electronic fund transfer from the Service Provider, a check will be drawn on the Payment Account for payment to the payee. Non-electronic merchants or individual payees receive a laser-printed paper check sent through the U.S. Postal Service. The check will be signed by the Association or its representative, and will not be signed by you; however, you agree that any check issued in this manner to make a bill payment initiated in accordance with this Section will be deemed authorized and may be paid by the Association from the Payment Account. E. Returned or rejected bill payments. If a bill payment is returned or rejected, whether by the Association,the Service Provider or any third party (including, without limitation, an intermediary bank or the payee’s bank), then either the Association or the Service Provider will notify you and you will be solely responsible for re-initiating the bill payment. You agree to furnish to the Association and/or the Service Provider such information as it may request to resolve any error or inquiry arising out of your initiation of any bill payment(s). F. Cancellation or stop payment of bill payments; revocation of authorization. You may review, change or cancel bill payments online without an additional charge until 9 P.M. Eastern Time on the business day before the Processing Date by following the instructions in the Software. The Processing Date is the Payment Date minus the lead time described in paragraph “C” of this Section. On and after the Processing date, you may stop payment of a scheduled payment by contacting either the Bill Payment Processing Customer Support or Farmers and Mechanics Federal Savings and Loan Association Internet Banking Customer Service or by visiting any Farmers and Mechanics Federal branch office. You can find the contact information on the online Support Page. However, you must call or visit the Association at least three business days before the scheduled Payment Date. If you call, we will also require you to put your request in writing and deliver it to us not later than four days after you call. We wi ll charge you the fee set forth in our current Schedule of Services and Service Charges (the “Service Schedule”) for each stop payment order you give. Except as expressly otherwise provided in this Section, stop payment orders will be subject to the applicable provisions of our Rules and Regulations governing Deposit Accounts (the “Rules and Regulations”). Payments remitted electronically cannot be stopped after the payment is processed. You may not stop payment of any type of online transfer other than a bill payment. You may revoke your authorization for future recurring bill payments by deleting the bill payment instructions, as provided in the Software, by notifying the Association, or by canceling the bill payment service. G. Inconsistent name and number appearing in a bill payment order. Returned or rejected bill payments. If a bill payment initiated by you describes the intended recipient of funds inconsistently by name and account number, you agree that payment by the receiving bank (which may be the Association) may be made on the basis of the account number alone even if that account is not owned by the person named in the bill payment. If a bill payment identifies an intermediary bank or the payee’s bank inconsistently by name and identifying number, you agree that we may rely solely on the number as the proper identification of the intermediary bank or the payee’s bank even if it identifies a bank different from the bank identified by name. To the extent permitted by applicable law, you acknowledge and agree that your obligation to pay us the amount of the bill payment will not be excused in any circumstance described above and that you will reimburse us for any losses or expenses we incur as a result of our reliance of the identifying number provided in the bill payment. 9. Electronic Mail Service. You may use Farmers and Mechanics Federal internet banking to send electronic mail (“e-mail”) to us and to receive e-mail from us. The e-mail service may not be used to make bank transfers between accounts or to make bill payments from an account. E-mail transmitted by you to us via Farmers and Mechanics Federal online often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report an unauthorized use of your PIN, to report unauthorized access to an account, or for any other reason, you should call us at (812) 384-4473. We will not be responsible for acting on or responding to any e-mail request made through Farmers and Mechanics Federal internet banking until we actually receive your e-mail message and have a reasonable opportunity to act. You should check your e-mail regularly; we will attempt to notify you by e-mail in the event of any technical difficulties or other occurrence that may affect your use of Farmer s and Mechanics Federal internet banking. 10. Additional Service. From time to time, we may make additional services available through Farmers and Mechanics Federal internet banking. We will notify you of the availability and terms of these new services. By using these additional services when they become available, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new services. 11. Fees and Charges. In consideration of our making the Farmers and Mechanics Federal internet banking services available to you, you agree to pay, and you authorize us to automatically debit to the billing account designated on the Application (the “Billing Account”) during the first week of each calendar month, the following non-refundable charges for the preceding calendar month: Access to Farmers and Mechanics Federal web site is furnished at no charge to the customer. The initial set-up fee of $5.00 for internet banking is waived until further notice, and Farmers and Mechanics Federal has not instituted a charge for viewing your accounts, or completing transfers to and from your individual accounts. For customers utilizing the “Bill Payment Service”, a monthly fee of $5.95 will be charged (debited) against your designated account for any month of non-use. Bill Pay service is free of charge for any month you use the service at least one time. These charges will not be prorated for portions of a month and may be changed pursuant to Section 20 of this Agreement. You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency in connection with any transfer made pursuant to this Agreement and for all telephone charges, Internet access service charges, tools tariffs, and other costs for online sessions initiated by you. There may be other costs and charges associated with your accounts. (Stop Payment Fee - $25 each; Photo-Copy Fee - $25 each). Please refer to the service schedule for details. 12. Errors and Adjustments. We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to your account balance. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer to any account to obtain payment of any erroneous credit. 13. Account Reconciliation. The Deposit Account statements or other notices provided to you by us will notify you of (a) the execution of bank transfers or bill payments and the debits to the Deposit Account made with respect to such bank transfers, and (b) amounts debited by the Association from the Billing Account or any other account for payment of the services or other charges pursuant to this Agreement. You agree that we will not be required to provide any other notice to you of the execution of bank transfers or debits. You agree to promptly examine each statement for a Deposit Account and to promptly report any discrepancies between your records and the Deposit Account statement or any other notices mailed by the Association to you, as provided in Section 17. 14. Settlement of Obligations. To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debit or credit transfers to any of the accounts of (b) deducting the payment from the amount of any bank transfer or bill payment. Such obligations include, without limitation; fees owed to us and settlement for bank transfers or bill payment initiated through Farmers and Mechanics Federal internet banking. At the time any account is closed (whether by you, by us, or otherwise) or any Farmers and Mechanics Federal online service is terminated (whether by you, by us, or otherwise), you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer or bill payment is not the Association’s exclusive remedy under this or any o ther section of the Agreement, and the Association will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions. 15. The Association’s Liability for Failure to Make or Stop Certain Electronic Fund Transfers. If we do not complete an electronic fund transfer to or from a Deposit Account in a reasonable amount of time or in the correct amount according to our agreement with you, we will only be liable for your direct losses or actual damages, except in the following instances: 16. Limits on Bank’s Liability. Our liability for electronic fund transfer made to or from Deposit Accounts is also governed by Sections 14 and 16. If any provision herein is inconsistent with any provision of Section 14 or Section 16 or any provision of applicable law that cannot be varied or waived by agreement, the provisions of those Sections or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any delay or failure in the performance of any Farmers and Mechanics Federal online service in accordance with the terms of this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities to you are strictly limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event will the Association be li able for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the service (even if the Association has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not the Association’s agent. The Association’s sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY FARMERS AND MECHANICS FEDERAL ONLINE SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the Software and set forth on the Software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, the Association shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of the Association’s responsibilities under this Agreement which is caused or occasioned by any act or thing beyond the Association’s reasonable control, including, without limitation, legal restraint, interruption of transmission or communication facilities, equipment failure, electrical or computer fai lure, war, emergency conditions, acts of God, fire, storm, or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or bill payment. In addition, the Association shall be excused from any failure or delay in executing a bank transfer or bill payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree the Association shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service provider, any Internet access service provider, any federal reserve bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed the Association’s agent. 17. Your Liability for Unauthorized or Erroneous Transfers. To the fullest extent permitted by applicable law, you agree to be responsible for all unauthorized or erroneous transactions initiated through Farmers and Mechanics Federal internet banking. You have the obligation to immediately notify the Association if your PIN has been lost or stolen, or if someone has transferred funds from your account through Farmers and Mechanics Federal online without your permission (or is contemplating to do so). The following provisions of this Section apply only to your liability for unauthorized electronic fund transfers. An “unauthorized electronic fund transfer” means an electronic fund transfer from a Deposit Account that is initiated by another person without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit. The term does not include any Farmers and Mechanics Federal online electronic fund transfer that is initiated by a person to whom you furnished your PIN, unless you have notified us that electronic fund transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification. We may require that the notice be in writing. You could lose all the money in your Deposit Account, some or all of the money in any linked account, or up to your maximum overdraft line of credit if you have a check overdraft protection line of credit, if you fail or refuse to immediately advise the Association of the unauthorized use of your PIN. If your statement shows electronic fund transfers that you did not make, tell us at once. If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you shall not be entitled to assert a claim against the Association, nor be entitled to any damages from the Association, as to said unauthorized transfers. This sixty (60) day limitation is without regard as to the standard of care exercised by the Association. If you believe your PIN has been lost or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission call: (812) 384-4473 or (812) 332-8018. Or write: 18. Rejection of Payment Orders; Overdrafts. You acknowledge that the Association or the Service Provider may from time to time, in its sole discretion, reject any bank transfer request (any “payment order”) or return any bank transfer or bill payment (a) if there are insufficient or unavailable funds in the Deposit Account or the Deposit Account has been closed or is frozen, (b) if the payment order does not conform to the terms of this Agreement or the Software, or (c) if the payment order appears to be a duplicate, but neither the Association nor the Service Provider is under any obligation to recognize that a payment is a duplicate and you should not rely on the Association or the Service Provider to do so. If a payment order is rejected or a bank transfer or bill payment is returned, either the Association or the Service Provider will notify you and you will have the sole obligation to remake the payment order in accordance with the terms of this Agreement and the Software. The Associatio n or the Service Provider may from time to time, in its sole discretion and without any obligation to do so, execute any payment order or make any bank transfer or bill payment even though an overdraft to the account results. To the extent permitted by applicable law, you agree that neither the Association nor the Service Provider will have any liability whatsoever for refusing to accept any payment order or rejecting or returning any bank transfer or bill payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available funds to pay the amount of the overdraft to be deposited into or credited to the Deposit Account before the end of that business day. Any overdraft existing at the close of the business day is immediately due and payable without notice or demand.
19. Disclosure of Deposit Account Information to Third Parties. You agree that we may from time to time disclose to third parties information about your Deposit Account or the transactions that you make through Farmers and Mechanics Federal internet banking. We will disclose information to third parties about your Deposit Account or the transfers you make:
A. Where it is necessary for completing bank transfers or bill payment or providing any other service in connection with Farmers and Mechanics Federal internet banking; or 20. Other Agreements; Serverability; Governing Law. The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Deposit Account(s), the applicable account disclosures, the Service Schedule, the Schedule of Funds Availability, the Association’s Electronic Fund Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time. In the event of any conflict between this Agreement and the content of the software or any related materials regarding the Association’s obligations to you, the terms of this Agreement will control. If any provision of the Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. No consumer protection provision of the federal Electronic Fund Transfer Act or Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearinghouse association as in effect from time to time with respect to all automated clearinghouse transfers made hereunder. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the state where our offices holding the account(s) is located, without regard to such state’s rules regarding conflict of laws. 21. Amendments. We may amend this Agreement from time to time. Each amendment will be effected by our mailing or otherwise delivering the amendment, revised agreement and/or notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting it in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment. Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of the Agreement without prior notice or obligation to you: (a) if the Software or the Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement. 22. Termination. You agree that we may cancel or restrict your use of Farmers and Mechanics Federal internet banking or any Farmers and Mechanics Federal online service at any time upon such notice (including e-mail) as is reasonable under the circumstances. You may cancel Farmers and Mechanics Federal online by written request to the Association at any time. If you cancel the bill payment service, all pending and/or recurring bill payments will be automatically canceled. Inactive Accounts – Any accounts that are inactive for 180 days are placed on inactive status. Accounts that have been listed inactive may be reactivated by contacting the Internet Banking Coordinator. 23. Assignment. You may not assign all or any part of your rights or obligations under this Agreement without our prior express consent, which may be withheld in our sole discretion. We may assign or delegate all or any part of our rights or obligations under this Agreement, including, without limitation, the performance of the services described herein. This Agreement will be binding on and inure to the benefit of the successors and assigns of either party. 24. No Third-Party Beneficiaries. This Agreement is for the benefit of you and the Association and is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting any other person, except as expressly otherwise provided in the Agreement. 25. CHOICE OF FORUM AND JURY TRIAL WAIVER. In the event any litigation is instituted to enforce or interpret the terms of this Agreement, you agree that the exclusive forum therefore shall be the Circuit Court of Greene County, Indiana. In the event that the Association is the prevailing party, the Association shall be entitled to reimbursement for all reasonable attorneys’ fees and costs incurred including, but not limited to, those incurred incident to any appeal. YOU AND THE ASSOCIATION HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES, CONTROVERSIES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR THE ASSOCIATION WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT. 26. OWNERSHIP of MATERIALS. The content and information on our site is the property of Farmers and Mechanics Federal Savings and Loan Association. It should not be duplicated or copied by any means. www.farmersandmechanicsfederal.com |