Internet Banking
(Internet) Agreement
1. The Service.
In consideration of the Internet Banking services ("Services") to be provided
by The First National Bank ("BANK"), as described from time to time in information
distributed by BANK to its customers. In the agreement, "Customer"
refers to the person(s) subscribing to or using the Service.
The Customer agrees as follows: You may use a Personal Computer
("PC") through an Internet connection to obtain account balances
and transaction information. You may also use your PC to obtain
statements on your accounts and to transfer money between your
accounts. However, transfers from your savings and Money Market
accounts are considered pre-authorized transfers, and pre-authorized
transfers are limited to six (6) per monthly statement cycle
by federal regulations. By subscribing to the Service you agree
to the terms of the Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR
YOUR RECORDS.
2. Your Password.
Each individual who has access to Internet Banking, including each individual
named on joint accounts, must designate a password and a user code. Your password
must be a minimum of 6 characters, which must consist of at least one (1) letter
and one (1) numeric character. The letters are case sensitive. For example, if
you enter your password as: 1234abc you cannot use 1234ABC. It is recommended
that you change your password periodically to enhance security.
3. Delivery of Your Payments and Transfers.
You may schedule payments to be initiated on the current business
day, on a future date, or on the same date of each month, subject
to the restrictions in the Agreement. Although you can enter
payment information through the Service twenty-four (24) hours
a day, seven (7) days a week, payments can be initiated only
on business days. Funds will be deducted from your Account on
the business day on which a payment is to be "initiated." This date is referred to in this Agreement as the "Transaction
Date." If you direct the initiation of a payment to occur on
a day other than a business day, it will be initiated on the
following business day.
4. Recurring Payments.
Recurring payments are those made for the same amount and are made on a weekly,
bi-monthly, monthly basis, etc. Once started, recurring payments will be made
automatically until you tell us to stop or cancel the payment on-line and we
have a reasonable opportunity to react.
5. Our Liability for Failure to Complete Transactions.
If we do not complete a transfer to or from your account on time or in the correct
amount according to our agreement with you, we might be liable for some of your
losses or damages. However, there are some exceptions. We will not be liable
for instance:
a. if, through no fault of ours, you do not have enough money in your account
to make the transfer;
b. if the money in your account is subject to legal process or other encumbrances
restricting transfer;
c. if the transfer would go over the credit limit on your overdraft line (if
any);
d. if the automated teller machine or the merchant where you are making the transfer
does not have enough cash;
e. if the system was not working properly when you started the transfer;
f. if circumstances beyond our control (such as fire or flood or systems failure)
prevent the transfer, despite reasonable precautions that we have taken.
6. Canceling Payment.
You may use your PC to cancel a payment/transfer. The payment/transfer must be
cancelled at least one (1) day prior to scheduled payment date.
7. Statements.
All payments, transfers, and/or fees made with the Service will appear on your
monthly Account statement. The Payee name, payment amount, and date of the payment
will be shown for each payment made through the Service during that month.
8. Fees.
Fees for Services shall be payable in accordance with a schedule of charges as
established and amended by BANK from time to time. Charges shall be automatically
deducted from customers Account, and BANK shall provide to Customer monthly notice
of such debit(s) on your statement.
9. Equipment. You are solely responsible for the equipment
(including your personal computer and software) you use to
access the Services. We are not responsible for errors or delays
or your inability to access the Services caused by your equipment.
We are not responsible for the cost of upgrading your equipment
to stay current with the Services nor are we responsible, under
any circumstances, for any damage to your equipment or the
data resident thereon.
10. Business Days.
Our business days are Monday through Friday, except bank holidays. Although payments
and transfers can be completed only on business days, the Service is available
24 hours a day, seven days a week, except during maintenance periods.
11. Hours of Operation.
Our business hours are 8 a.m. to 4 p.m. (CST), Monday through Friday, except
bank holidays and Saturday 8 a.m. to 10 a.m. Although payments and transfers
can be completed only on business days, the Service is available 24 hours a day,
seven days a week, except during maintenance periods.
12. Notice of Your Rights and Liabilities.
Security of your transactions is important to us. Use of the Services may therefore
require a PIN or password. If you lose or forget you PIN or password, please
call (308) 697-3335 during normal business hours listed above. We may accept
as authentic any instructions given to us through the use of your password or
PIN. You agree to keep your PIN and password secret and to notify us immediately
if your PIN or password is lost or stolen or if you believe someone else has
discovered your PIN or password. You agree that if you give your PIN or password
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 Services.
Internet Banking Services enables you to change your password; we recommend that
you do so regularly. We may be liable for certain security breaches to the extent
required by applicable law and regulation. We do not assume any other liability
or otherwise guarantee the security of information in transit to or from our
facilities. Please note that we reserve the right to (1) monitor and/or record
all communications and activity related to the Services; and (2) require verification
of all requested transfers in the manner we deem appropriate before making the
transfer (which may include written verification by you. You agree that our records
will be final and conclusive as to all questions concerning whether or not your
PIN or password was used in connection with a particular transaction.
If any unauthorized use of your PIN or password occurs you agree to (1) cooperate
with us and appropriate law enforcement authorities in identifying and prosecuting
the perpetrator; and (2) provide reasonable assistance requested by us in recovering
any unauthorized transfer of funds.
Tell us AT ONCE if you believe your PIN or password has been lost or stolen.
Telephoning is the best way of keeping your possible losses down. You could lose
all the money in your account (plus your maximum line of credit). If you tell
us within two (2) business days, you can lose no more than $50. If you do NOT
tell us within two (2) business days after you learn of the loss or theft of
your PIN or password, and we can prove we could have stopped someone from using
your PIN or password 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 60 days
if we can prove that we could have prevented someone from taking the money if
you had told us in time. If you believe your PIN or password has been lost or
stolen or that someone has transferred or may transfer money from your account
without your permission, call (308) 697-3335 during normal business hours listed
above. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR
UNAUTHORIZED TRANSFERS VIA E-MAIL.
13. Errors and Questions.
In case of errors or questions about your electronic transactions, telephone
us at (308) 697-3335,
8 a.m.-4 p.m. (CST), Monday through Friday, or write us at:
The First National Bank
Attention: Electronic Banking Department
Post Office Box 10
Cambridge, NE 69022
as soon as you can, if you think your statement or receipt is wrong or if you
need more information about a transaction listed on the statement or receipt.
We must hear from you no later than sixty (60) days after we sent you the FIRST
statement on which the problem or error appeared. You will need to:
a. tell us your name and Account number (if any);
b. describe the error or the transaction you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need more information;
and
c. tell us the dollar amount of the suspected error.
If you tell us verbally, we may require you to send us your complaint or question
in writing within ten (10) business days following the date you notified us.
We will determine whether an error occurred within ten (10) business days (twenty
(20) business days if the notice of error involves an electronic fund transfer
to or from the account within thirty (30) days after the first deposit to the
account was made) 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 (twenty (20) business days if the notice of error
involves an electronic fund transfer to or from the account within thirty (30)
days after the first deposit to the account was made) for the amount you think
is in error, so that you will have use of the money during the time it takes
us to complete our investigation. If we ask you to put your complaint or question
in writing and we do not receive it within ten (10) business days, we may not
credit your account.
If we determine there was no error, we will reverse the previously credited amount,
if any, and we will send you a written explanation within three (3) business
days after we finish our investigation. You may ask for copies of the documents
we used in our investigation.
14. Disclosure of Account Information to Third Parties.
We may disclose information to third parties about your account or the transactions
you make:
a. where it is necessary for completing transactions or resolving errors involving
the Services; or
b. in order to verify the existence and condition of your account for a third
party, such as a credit bureau or a merchant; or
c. in order to comply with government agency rules, court orders, or other applicable
law; or
d. to our employees, service providers, auditors, collection agents, affiliated
companies, or attorneys in the course of their duties and to the extent allowed
by law; or
e. if you give us your permission.
15. Authorization to Obtain Information.
You agree that we may obtain and review your credit report from a credit bureau
or similar entity.
16. Termination.
RECURRING TRANSFERS WILL NOT NECESSARILY BE DISCONTINUED
BECAUSE YOU TERMINATE ACCESS TO THE SERVICES. IF YOU WANT TO
MAKE SURE THAT RECURRING TRANSFERS BETWEEN ACCOUNTS ARE STOPPED,
YOU MUST FOLLOW THE PROCEDURES IN THE CANCELING PAYMENTS PARAGRAPH
ABOVE.
We reserve the right to terminate the Services, in whole or in part, at anytime
with or without cause and without prior written notice. In that event, or in
the event that you give us a termination notice, we may (but are not obligated
to) immediately discontinue making previously authorized transfers, including
recurring transfers and other transfers that were previously authorized but not
yet made. We also reserve the right to temporarily suspend the Services in situations
deemed appropriate by us, in our sole and absolute discretion, including when
we believe a breach of system security has occurred or is being attempted. We
may consider repeated incorrect attempts to enter your PIN or password as an
indication of an attempted security breach. Termination of the Services does
not affect your obligations under this Agreement with respect to occurrences
before termination.
17. Limitation of Liability.
Except as otherwise provided in this Agreement or by law, we are not responsible
for any loss, injury, or damage, whether direct, indirect, special or consequential,
caused by the Service or the use thereof or arising in any way out of the installation,
operation, or maintenance of your PC equipment.
18. Waivers.
No waiver of the terms of this Agreement will be effective, unless in writing
and signed by an authorized officer of the BANK.
19. Assignment.
You may not transfer or assign your rights or duties under this Agreement.
20. Governing Law.
The laws of the State of Nebraska shall govern this Agreement and all transactions
hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement,
understands the terms and conditions set forth herein, and agrees to be bound
hereby.
21. Amendments.
We can change a term or condition of this Agreement by mailing or delivering
to you a written notice at least thirty (30) days before the effective date of
any such change. We do not need to provide you with any prior notice where an
immediate change in the terms or conditions of this Agreement is necessary to
maintain or restore the security of our system or an account. However, even in
these cases, if the change is to be permanent, we will provide you with a notice
of the change with the next regularly scheduled periodic statement we send you,
or within thirty (30) days, unless disclosure would jeopardize the security of
our system or an account. Notices mailed or delivered to you under this paragraph
will be considered effective if mailed to the most recent address we show for
you in either our Checking or Savings Account records, or e-mail address in which
you agreed to receive such notices and/or disclosures.
22. Indemnification.
Customer, in consideration of being allowed access to the Services, agrees to
indemnify and hold the BANK harmless for any losses or damages to the BANK resulting
from the use of the Services, to the extent allowed by applicable law.
23. Security Procedures.
By accessing the Services, you hereby acknowledge that you will be entering a
protected web site owned by the BANK, which may be used only for authorized purposes.
The BANK may monitor and audit usage of the System, and all persons are hereby
notified that use of the Services constitutes consent to such monitoring and
auditing. Unauthorized attempts to up-load information and/or change information
on these web sites are strictly prohibited and are subject to prosecution under
the Computer Fraud and Abuse Act of 1986.
24. Fee Schedule.
Internet Banking Service Fee: The basic Internet Banking service is Free.

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