Internet Banking & Bill Payment Agreement
|As part of your initial log on to FirstNet, you are required to read the following agreement. At the end of this document, you may either "Accept" the agreement and continue with your log on or "Decline" the agreement and return to t he online banking page. Please read this agreement carefully and keep a copy for your records. If you are unable to print this Agreement and would like a hard copy, please Contact Us.
This Internet Banking and Bill Payment Agreement (this "Agreement") states the terms and conditions for FNB First-Net services offered by The First National Bank of Gilmer (the "Bank"). When you use, or you permit any other person(s) to use, FNB First-Net Internet Banking and FNB First-Net Bill Payment (collectively, "Online Services"), you agree to the terms and conditions of this Agreement. These terms and conditions are in addition to those that are contained in the deposit account agreement that you received when opening your depository account, if any, as such agreement may have been amended from time to time (the "Deposit Account Agreement"). If there is a conflict between the terms and conditions contained in this Agreement and those contained in the Deposit Account Agreement, or any other agreements between us relating to banking products and services, including the schedule of fees and services, the terms and conditions of this Agreement, as they relate to the Online Services, will control.
As used in this Agreement, "you" or "your" refers to each person(s) subscribing to, using or accessing the First-Net Services. "We", "us" or "our" refers to the Bank, and its assignees, and any agent, independent contractor, or other service provider, engaged by the Bank, in its sole discretion, to provide any of the Online Services.
1) Account Access. You must have at least one Eligible Account with us and access to the Internet in order to use Online Services. (Depending upon the Online Services you utilize, one or more of your Eligible Accounts must be a deposit account.) If you are an authorized signer or borrower on more than one Eligible Account, we will automatically link such additional Eligible Accounts (collectively "Linked Accounts") to your Online Service access. Accounts that are not Linked Accounts will not be accessible through Online Services. For purposes of this Agreement, an Eligible Account is a non-commercial checking, money market, savings, or time deposit account for which you are an authorized signer, and for which, according to our records, you have authority, acting alone, to conduct all depositor-initiated transactions on such account; or a consumer or mortgage loan on which you are a borrower.
Pursuant to federal law, you may perform no more than six funds transfers, payments or preauthorized withdrawals per month from any money market account. If you exceed the maximum number of allowable transfers, payments or preauthorized withdrawals on any money market account, the Bank will take such steps as it reasonably deems necessary to ensure your future compliance with allowable transfer limits, including terminating your Online Services. Allowable transfers and withdrawals on any savings account are limited to a maximum of three per month. Additionally, excess withdrawals are subject to a per transaction excess withdrawal fee as set out in our schedule of fees and services, as amended from time to time.
2) Access Codes. Security of your transactions is important to us. During your enrollment for the Online Services, you are required to select an access ID and a password (collectively, the "Access Codes").
Your access ID must be at least six and no more than twelve characters in length. The access ID can be a combination of letters (upper and/or lower case) or numbers. Special characters/symbols and blank characters are not allowed.
Your password must be at least six and no more than twelve characters in length. The password can be a combination of letters (upper and/or lower case), but it must contain at least one number and at least two alpha characters. Special characters/symbols and blank spaces are not allowed.
You should select your Access Codes carefully and avoid selecting names, dates and information for your Access Codes that may easily be guessed.
You acknowledge that the establishment of and requirement for inputting your Access Codes as a means of accessing Online Services is the agreed upon and reasonable security procedure, given the nature of services provided and the limitation of Eligible Accounts. We may accept as authentic any instructions given to us online through the use of your Access Codes.
3) Available Services. The following services are available through Online Services:
a) Account Information. Obtain balance and transaction information about your Linked Accounts. Please note that balance information may not reflect outstanding checks, recent debit card or ATM transactions or recent bill payments. Balances may also be subject to a hold (which will not necessarily be evident from the Online Services, but which you would have received written notice of when it was placed). Please also note that online transaction history for accounts is limited; you may need to check the statements that we have previously sent you for information beyond the first day covered by the online transaction history. You may download your Linked Account(s) information into software such as Quicken® or Money® software.
b) Funds Transfers. Transfer money between Linked Accounts with us. You may schedule transfers to be initiated on the current Business Day, on a future date, or on the same date of each month, subject to the restrictions of this Agreement and other agreements between you and the Bank (including, but not limited to those contained in the Deposit Account Agreement that limit the number of transfers that may be made from your account during any monthly period). Although you can enter transfer information through the Online Services twenty-four (24) hours a day, seven (7) days a week, transfers can be initiated by the Bank only on Business Days. Funds will be deducted from your account on the Business Day for which you direct the transfer to be initiated by the Bank. This date is referred to in this Agreement as the "Transaction Date." If you the date that you designate as the Transaction Date is not a Business Day, the Transaction Date will be deemed to be the Business Day following the date that you have designated. Your transfer instructions must be received by the Bank not later than 3:00 p.m. Central Time on any Business Day (the "Cut-Off Time") in order for the transaction to be completed on that Business Day. If your instructions for a "same day" transfer are received after the Cut-Off Time or on a day that is not a Business Day, you will be deemed to have directed that the transfer occur on the following Business Day. For purposes of this Agreement, "Business Day" means Monday through Friday, excluding Bank holidays. Recurring transfers are those made for the same amount and are made on a weekly, bi-monthly, monthly or other periodic basis. Once started, recurring transfers will be made automatically unless you tell us to stop or cancel the service in the manner provided below and, in such case, following a period of time that will give us a reasonable opportunity to act on your request. You can stop any of these recurring transfers by calling us at (903) 843-4130 or writing us at First National Bank of Gilmer Customer Service, P.O. Box 520, Gilmer, TX 75644 so that we receive your request not less than three (3) Business Days before the next Transaction Date scheduled for the recurring transfer. If you call, we will also require you to put your request in writing and get it to us within 14 days after your call. If we do not receive your written confirmation of your cancellation or stop payment instructions within 14 days, we reserve the right not to be further bound by your instructions.
c) Bill Payment Pay bills to designated third parties, other than to parties or accounts of such parties located outside the United States, via First-Net instructions to the Bank. As used in this Agreement, the term "Payee" means the person or entity you wish to be paid in connection with a bill. "Payment Instruction" means the information provided by you to us in connection with a bill payment (including, but not limited to, Payee name, Payee account number, Payee bill remittance address, Payment Account, amount of payment, and Scheduled Payment Date) which, in any case must contain sufficient information about the Payee and the payment to permit the Bank to properly direct a payment, either via automatic clearing house ("ACH") transfer or check, to the appropriate Payee in the appropriate amount and to permit the Payee, upon receipt of such payment, to properly identify you as the payment source. "Payment Account" means your designated checking account(s), each of which must be a Linked Account, from which a bill payment will be made. "Scheduled Payment Date" means the Business Day that you designate for the Bank to debit your Payment Account and begin to process the bill payment. If your Payment Instruction designates as the Scheduled Payment Date, a day that is not a Business Day, the next Business Day following the date that you designated will be deemed to be the Scheduled Payment Date.
To access the Bill Payment Service, you must log-on to Online Services by entering your Access Codes as directed by the Internet Banking screen message. Select "Payments" from the account level menu. You must provide complete and accurate Payment Instructions. You do this by filling in all required fields with accurate information, as directed by the Bill Payment Service screen messages. By providing us with the names and account information of those Payees to whom you wish to direct payment, you authorize us to follow the Payment Instructions that we receive First-Net via access that was gained through the use of your Access Codes. When we receive a Payment Instruction in this manner, you authorize us to debit your Payment Account in the amount specified on the Scheduled Payment Date and remit funds to the Payee on your behalf.
You will be able to set up the following types of bill payments:
(1) Single Payment: You may schedule a payment to be made one time to a Payee ("Single Payment"). The payment may be scheduled on a future date, or on the same day that you enter the Payment Instruction provided you enter the Payment Instruction by the Cutoff Time on a Business Day (otherwise, the payment will be scheduled for the following Business Day); and
(2) Recurring Payment: You may schedule payments to Payees to be automatically initiated in a fixed amount on the same Scheduled Payment Date every month ("Recurring Payment"). If the Scheduled Payment Date does not exist in a certain month, then the payment will be initiated on the last Business Day of that month. For example, if your Payment Instructions designate the 30th of each month as the Scheduled Payment Date, your payment for the month of February will be initiated on the last Business Day on or before the 28th of February (or, in leap years, the 29th of February).
While it is anticipated that most transactions will be processed and completed on the Business Day after the Scheduled Payment Date, and be received by your Payee or your Payee's account approximately six (6) Business Days after the Scheduled Payment Date, due to circumstances beyond our control, particularly delays in handling and posting payments by slow responding Payees or financial institutions, some transactions may take a day or even a few days longer to actually be credited by the Payee or the Payee's bank to the Payee's account and/or credited against your bill. For this reason, it is necessary that all Scheduled Payment Dates selected by you be no less than six (6) Business Days before the bill's actual due date, not the late date and/or a date in the grace period. In addition, if you instruct us to make payments to a Payee, irrespective of amount, within fifteen (15) days of a Scheduled Payment Date for a previous payment to the same Payee, the Scheduled Payment Date for the next payment should be not less than seven (7) Business Days before the second bill's due date, to allow for extra processing and verification time that may be required for us to determine whether the second payment instruction is a duplicate. If you properly follow the procedures and requirements described herein, including, without limitation, supplying complete and accurate Payment Instructions, and we fail to send a payment that complies with the Payment Instructions received, we will bear responsibility for late charges contractually assessed against you (up to a maximum of $50.00 per scheduled payment per Payee, subject to the limitations set forth in clauses (1) through (6), below. Otherwise, the responsibility for paying any and all late charges or penalties and any other loss, liability or expense arising from late payment shall be borne by you.
We will use our best efforts to make all your payments properly. However, we shall incur no liability, including, without limitation, the liability for late fees, if we are unable to complete any Payment Instructions received through the Bill Payment Service accessed by your Access Codes because of the existence of any one or more of the following circumstances:
(1) If, through no fault of ours, your Payment Account does not contain sufficient funds to complete the transaction plus amounts available, if applicable, under your Overdraft Privilege.
(2) The Bill Payment Service component or Online Services is not working properly and you know or have been advised by us about the problem before you transmit the Payment Instruction;
(3) The Payee or the Payee's bank mishandles or delays a payment sent by us;
(4) You have not provided us with the correct name, phone number or account information for the Payee, you have not provided us with accurate personal information either during enrollment or on your Bill Payment Profile within Internet Banking, or you have otherwise provided incomplete or inaccurate Payment Instructions;
(5) Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the Payment Instruction and we have taken reasonable precautions to avoid those circumstances; or
(6) Errors or failures from the malfunction or failure of your hardware, software or any Internet access services.
Provided none of the foregoing six (6) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Payment Account or cause funds from your Payment Account to be directed to a person or entity other than the Payee designated in your Payment Instructions, we shall recredit to your Payment Account any amounts that were improperly debited and pay or cause to be paid to the proper Payee any amounts previously misdirected.
You may cancel or edit any Payment Instructions, without incurring any additional charges, up to the Cut-Off Time on the Scheduled Payment Date for that Payment Instruction. The "Cut-Off Time" for the Bill Payment Service is 3:00 p.m. Central Time. We will use our best efforts to honor any cancellation or edit requests received with respect to Payment Instructions after that time and date and will assess a stop payment fee, as disclosed in Section 7, below, for cancellation requests and a stop payment fee and manual re-issued check fee, also disclosed in Section 7, for modification requests, irrespective of whether we are successful in stopping and/or modifying your Payment Instruction. You may edit and/or cancel Payment Instructions before the Cut-Off Time on the Scheduled Payment Date by following the directions provided in the First-Net screen for the Bill Payment Services. If you desire to cancel or stop any payment following the Cut-Off Time on the Scheduled Transfer Date, you must contact the Customer Service Department in person or by phone at (903) 843-4130 during business hours. If you call, we will also require you to confirm your request in writing within fourteen (14) days after you call. If you do not confirm your request within 14 days, we may elect not to be further bound by such cancellation or amendment instruction. Although we will make every reasonable effort to accommodate your request, we will have no liability if we are unsuccessful in modifying and/or canceling your Payment Instructions, if your request is received after the Cut-Off Time on the Scheduled Transfer Date. Stop payment requests sent to us via electronic mail (whether via the First-Net Services screen or your personal email system) or in any manner other than the procedures set forth in this paragraph will not be accepted.
Following the Cut-Off Time on the Scheduled Payment Date, we may remit your payment to the designated Payee by any one of the following means, at our sole discretion: (1) by an ACH transfer; or (2) by mailing your Payee a check drawn on an account we maintain for this purpose.
You may cancel your use of the Bill Payment Service at any time, in person, at the Bank, or by calling the Bank's Customer Service Department at (903) 843-4130. If you notify us by telephone, we will request that you confirm your request in writing. We will delete all outstanding Payment Instructions, both for a Single Payment and for Recurring Payments, for which the Scheduled Payment Date has not yet occurred within a reasonable time following our receipt of your request, which, in the case of Recurring Payments, shall be deemed to be three (3) business days. You will not receive a refund of any service fee for the month in which you cancel. You will be liable for Payment Instructions received prior to receipt of your cancellation notice that we were unable to cancel, except that, in the case of Recurring Payments, you will not be liable for any Recurring Payments made contrary to your cancellation instructions if such instructions were received by the Bank at least three (3) business days prior to the Scheduled Payment Date for such Recurring Payments.
The Bank may cancel or suspend the Bill Payment Service, in whole or in part, at any time without prior notice. Cancellation or suspension shall not affect your liability or obligations under this Agreement with respect to Payment Instructions received prior to the effective date of such cancellation or suspension.
Payment Instructions designating payment to a Payee or a Payee account located outside the United States are not permitted and will not be processed. We also reserve the right, upon prompt notification to you, to refuse to pay, for security, regulatory, or related reasons, any Payee to whom you may direct a payment.
d) Customer Service. Answers to Internet Banking frequently asked questions or FAQ's can be found on the FNB First-Net Banking page. Additionally, you may communicate with the Bank by using a personal computer to send and receive written messages electronically (Internet e-mail) outside of the First-Net Services screen. This method is very effective for request of additional information, questions, comments and other miscellaneous correspondence. HOWEVER AT THIS TIME, E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION AND CONFIDENTIAL INFORMATION SHOULD NOT BE SENT OVER THE INTERNET E-MAIL.
4) Equipment. You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing Online Services. The Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware, software or any Internet access services.
5) Business Days/Hours of Operation. The Bank's business hours are from 9:00 a.m. to 3:00 p.m, Monday through Friday, except bank holidays. Telephone Customer Service is available from 9:00 a.m. to 3:30 p.m., Monday through Friday, 9:00 a.m. to 12:00 p.m., Saturday, except bank holidays. Online Services is available 24 hours a day, 7 days a week except during maintenance periods or circumstances beyond our reasonable control. All times are the local time of Gilmer, Texas, which is located in the Central time zone.
6) Documentation. All payments, transfers, and or/fees made or incurred in connection with Online Services will appear on your affected monthly account statements. The Payee name, payment amount, and the Scheduled Payment Date will be shown for each bill payment made through Online Services that month and the amount transferred, the Scheduled Transfer Date, and the account to which the transfer was made will be shown for each account transfer made through First-Net Services that month.
7) Fees. At this time, the Bank does not charge a fee for the use of the Account Information and Funds Transfer services provided through Online Services. In the future, fees may be assessed for these or other specific online banking services. If and when any fees are assessed or changed, a minimum of 30 days notice will be given to any affected Online Service customers. Other transactional fees (such as, without limitation, insufficient funds fees, and costs and expenses, including reasonable attorney's fees incurred by the Bank in collecting any overdraft created through the payment of a bill when your Payment Account does not contain sufficient collected funds) may apply as indicated in the fee schedule set forth below or in the Bank's schedule of fees and charges published from time to time. You authorize the Bank to deduct all applicable fees from the personal checking account you designate, or if such account is insufficient, from any other account you maintain with the Bank (except for such accounts that you hold in a special or fiduciary capacity for the benefit of another). You are responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with Online Services.
Other Bill Payment Transactions Fees
Photocopies $15.00 each
Stop Payments $25.00 each
Manual Re-issued Check $10.00 each
8) Limitation of Access/Security/Bank's Right to Terminate.. The Bank may terminate FNB First-Net in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to FNB First-Net at any time. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes and other means of identification (including, without limitation, your account numbers, access IDs and passwords). We reserve the right to block access to Online Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
9) Termination. If you want to terminate your access to the Services, you must contact our Customer Service in person or by phone at (903) 843-4130 during business hours. If you call, we will also require you to present your request in writing. We reserve the right to terminate the Services, in whole or in part, at any time 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 the system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your user code 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 or cooperation after termination.
10) Your Responsibility. Use of your Access ID and Password is the agreed security procedure to access Online Services. In order to prevent unauthorized access to your accounts and to prevent unauthorized use of Online Services, you agree, by using Online Services, to keep confidential, and to not give or make available your Access ID, Password or other means to access your accounts to any person not authorized to access your accounts. The loss, theft or unauthorized use of your account numbers, Access IDs and Passwords could cause you to lose some or all of the money in your accounts, plus any amount available under your overdraft privilege and or overdraft protection credit line. If you disclose your account numbers, Access IDs and/or Passwords to any person(s) or entity, you assume all risks and losses associated with such disclosure. You are responsible for all transfers and Bill Payments you authorize using Online Services. If you permit any other person(s) or entity to use Online Services or to access or use your account numbers, Access IDs, Passwords, or other means to access your accounts, you are responsible for any transactions and activities they authorize from your accounts. You agree to immediately notify us by calling (903) 843-4130 during normal customer service hours of any unauthorized use of your account numbers, Access IDs and Passwords or of any other breach of security, or if you believe someone may attempt to use Online Services without your consent or has transferred money without your permission. We cannot accept notification of lost or stolen user codes or passwords or unauthorized transfers via e-mail.
You agree to immediately notify us by calling (903) 843-4130 during normal customer service hours of any unauthorized use of your account numbers, access IDs and passwords or of any other breach of security, or if you believe someone may attempt to use Online Services without your consent or has transferred money without your permission.
11) Damages. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST PROFITS, CAUSED BY FNB FIRST-NET OR THE USE THEREOF, OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, EQUIPMENT, SOFTWARE OR ANY INTERNET ACCESS SERVICES.
12) Errors or Questions. In case of errors or questions about the Online Services, call the Bank at (903) 843-4130 or write to us at The First National Bank of Gilmer Customer Service, P.O. Box 520, Gilmer, TX 75644.
We must hear from you no later than 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 an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we will require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days (20 Business Days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer or payment was made to or from a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days (20 Business Days if the transfer or payment was to or from a new account) 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 question in writing and we do not receive it within 10 Business Days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each signer on that account already has an established account with us before that account is opened.
We will tell you the results within three 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.
13) Initial Disclosures. Federal regulations require that we provide to you certain initial disclosures about the First-Net Services, some of which permit "electronic funds transfers," as that term is defined under applicable federal law. These disclosures are attached to this Agreement and should be retained by you. If you have accessed this Agreement via our First-Net Banking web pages and you wish for us to provide you with a hard copy, please contact our Customer Service Department at (903) 843-4130 or write us at The First National Bank of Gilmer Customer Service, P.O. Box 520, Gilmer, TX 75644 and, upon request, we will send you a copy of this Agreement and all attachments, including the Initial Disclosures.
14) Miscellaneous Terms. In addition to this Agreement, you agree to comply with all applicable account agreements, including, without limitation, the Deposit Account Agreement and with all applicable State and Federal laws and regulations.
The Bank may amend or change this Agreement (including applicable fees and service charges) by sending you written notice by electronic mail (unless you object to communications in this fashion) or by regular mail sent to your address as it appears on your account records. You agree that the Bank may also send you future notices and disclosures about your accounts, information regarding new products or services that may be of interest to you, and Bank's privacy policies with respect to information about you and your accounts by electronic mail, where permitted by law, unless you object. If you do not consent to receiving notices and disclosures by electronic communication, please complete and sign the attached Notice Regarding Electronic Communications form, and return it to us at The First National Bank of Gilmer Customer Service, P.O. Box 520, Gilmer, TX 75644. (If you have accessed this Agreement via your computer and are unable to print the attached form, please call our Customer Service Department at (903) 843-4130 or write us at the above address to request a hard copy.) Any use of the Online Services after we send you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the programs, services and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the programs, services, and/or related material, and to limit access to Online Services more recent revisions and updates.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
We refer you to the Deposit Account Agreement for additional terms and conditions and disclosures that apply to your accounts with the Bank.
13) Assignment. You may not transfer or assign your rights or duties under this Agreement.
14) Governing Law. The laws of the state of Texas and, to the extent pre-empted thereby, the laws of the United States of America, shall govern this Agreement and all transactions hereunder, without giving effect to any conflict of laws rule or principle that might result in the application of the laws of another jurisdiction. Customer acknowledges that he/she has reviewed this Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
15) Amendments/Notification Requirements/Authorization to Notify by Email. 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 and restore the security of our system or an account. However, even 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 that 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 the Bank's records relating to your Linked Accounts or the e-mail address you provided to the Bank for purposes of receiving such notices and/or disclosures.
16) Indemnification. Customer, in consideration of being allowed access to the Online Services, agrees to indemnify and hold the Bank harmless for any losses or damages to the Bank resulting from the use of the Online Services, to the extent not prohibited by applicable law.
17) Security Procedures. By accessing the Online 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 website, and all persons are hereby notified that any fraudulent mis-use or otherwise unauthorized usage of the Online Services or the website or information submitted via such website is subject to prosecution under the Computer Fraud and Abuse Act of 1986.
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