AMERICAN BANK & TRUST CO.
PERSONAL ONLINE BANKING SERVICE
TERMS AND CONDITIONS
This document sets forth your and our rights and responsibilities concerning
the use of our Online Banking Service. In this agreement, the words
"you" and "your" mean those who sign as applicants
or any authorized user(s). The words "we" , "us"
and "our" mean Bank. By using Online Banking, you agree to
all of the terms of this agreement. Please read it carefully and keep
a copy for your records.
I. Definitions
"Account"
means a checking, savings, or money market deposit account that you
have with us for personal, family or household purposes.
"Account
Access" means your ability to access account and transaction
information on Accounts and transfer funds between Accounts through
the Online Banking System.
"Business
day" means Monday through Friday. Banking holidays are not
included.
"Electronic"
means electrical, digital, magnetic, wireless, optical or electromagnetic
technology, or any other technology that entails similar capabilities.
"Online
Banking Service" means Account Access services.
"Personal
Identification Number" or "PIN" means the
confidential identification number or other code assigned to you by
us or selected by you for identification purposes in connection with
the use of our Online Banking Service.
"Transfer"
means any electronic banking transaction, including a deposit or withdrawal
made electronically.
II. Setup and Use of Online Banking Services
A. Eligibility
In order to activate your Online Banking Service, you must have at least
one Account with us, access to Internet service, and an E-mail address.
The Online Banking Service requires that you complete the online enrollment
form. Once we have received your signed enrollment form and verified
your account information, we will send you, by postal mail, confirmation
of our acceptance of your enrollment, along with your assigned log-in
and temporary password. You will be required to change your password
the first time you enter the system.
The user ID and
password issued to you are for your security purposes. Your password
is confidential and should not be disclosed to third parties. You are
responsible for safekeeping your password. You should carefully select
a password that is hard to guess. Your password must contain between
six and fifteen characters and must be alpha/numeric. You agree not
to disclose or otherwise make your password available to anyone not
authorized to sign on your accounts. As an additional security feature
designed to protect your account, if you do not use the Online Banking
system for 60 days your ability to access your account will be automatically
suspended. You will be required to call the bank to reset your password.
B. Access
Online Banking Service is generally accessible 24 hours a day, seven
days a week, except it may be inaccessible periodically so that we may
perform maintenance to update or improve our equipment or system, which
may result in interrupted service or errors in service. We will attempt
to notify you prior to such interruptions, but cannot guarantee that
such notice will be provided. During these times you may call us at
(918) 481-3000 or visit any of our locations to obtain information about
your account.
C. Linking Your
Accounts
You may access any number of accounts at the Bank through the Online
Banking Service. On the attached Personal Online Banking Form, you will
need to provide us with the account numbers you wish to access.
D. Equipment
Requirements
In order to use the Online Banking System, your PC must meet the following
specifications. Windows 95 or higher, with Internet Explorer 5.5 or
higher or Netscape Navigator 5.0 or higher (both must have 128 bit encryption),
and an Internet Connection.
E. Electronic
Mail (E-Mail)
You may communicate with us by sending E-mail, but you cannot use E-mail
to initiate transactions on your accounts. E-mail is not a secure
method of communication over the Internet and we recommend you do not
send confidential information by E-mail.
F. Limitation
of Liability
1. Disclaimer
of Warranties
a. Warranties
of Fitness and Merchantability
NEITHER WE NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS
OR IMPLIED, TO YOU CONCERNING SOFTWARE, EQUIPMENT, BROWSER OR OTHER
SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
b. Computer-related
Warranties
Neither we nor any information provider shall be liable for any
computer virus or software related problems which may be attributable
to the services provided in connection with the Online Banking Service.
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.
III. Banking Features
A. Products and
Services Offered
You may access your
account information by using a specific user ID and password assigned
to you. At the present time, you may use the system to:
- View account
balances for checking, savings, certificates of deposit, and loans
- View historical
account information
- Transfer funds
between authorized accounts
- Pay your loans
with us from your deposit account
- Download transaction
data into personal finance programs such as Quicken or MS Money
These activities
are limited to the extent noted below and in the agreements governing
your various accounts. Your ability to transfer funds from savings and
money market deposit accounts using the Online Banking Service are subject
to the limitations described in the applicable account agreements. You
should refer to Section III(B)(3) of this contract.
B. Additional
Information about the Online Banking Services
1. Account
Access
To use the Online Banking Service, you must first link your accounts
with us to the Online Banking Service. You can link any of your personal
deposit, or loan accounts with us to the Online Banking Service. You
must designate one checking or money market deposit account as your
primary Online Banking account. We link your other accounts to your
primary account. We recommend that you designate a checking account
rather than a money market deposit account because of the limits on
transfers from a money market deposit account, which are discussed
below.
You may transfer
funds through the Online Banking Service in any amount not to exceed
the amount of available funds in your account.
We may refuse
to act on your fund transfer instruction if sufficient funds are not
available in your account on the date you want us to transfer funds.
2. Processing
Fund Transfers
We will process a fund transfer on the same business day as your Online
Banking request, if we receive your instructions before the end of
the business day 2:00 p.m. Central Time Monday through Friday. If
we receive your instruction after 2:00 p.m., or if the date of your
request is not a business day, we will process the transaction on
our next business day. If you schedule a fund transfer for a future
date, we process the transaction on that date, if that day is a business
day. If the date that you schedule a payment falls on a weekend or
holiday, we process your instruction the next business day. We deduct
the funds transfer amount from your account on the date we process
your instruction.
If there are insufficient
funds in your account to make the transfers or payments you have authorized,
we may refuse to make the transfer or payment or we may make the transfer
or payment and overdraw your account. In either event, you are responsible
for any nonsufficent funds ("NSF") and overdraft charges
that may apply.
3. Transfers
from Savings/Money Market Deposit Accounts
Federal regulations require us to limit either by contract or in practice
the number of transfers from savings and money market deposit accounts.
You are limited to six (6) preauthorized electronic fund transfers
per statement cycle. Of these six transactions, you are limited to
no more than three (3) transactions per month by check, draft, or
point of sale. Each fund transfer through Online Banking Service from
your savings or money market deposit account is counted as one of
the six limited transfers you are permitted each month. However, payments
to your loan accounts with us are not counted toward this limit for
savings/money market deposit accounts.
IV. Fees
A. There is no monthly
service charge for the Online Banking Service. You should note that
depending on how you access the Online Banking Service, you may incur
other charges. These include:
- Normal checking
account fees and service charges
- Online service
provider fees
- The purchase
of financial management software
B. For savings accounts/money
market deposit accounts, an excess transaction fee may apply to each
transaction made through Online Banking Services that exceeds the number
of limited transactions you may make. These transaction limitations
and fees are described in your deposit account agreement.
V. Parties' Responsibilities
A. Our Responsibility
for Processing Transactions.
If we do not complete a transfer to or from your account (or cancel
a transfer which is timely and properly requested) on time or in the
correct amount according to our agreement with you, we may be responsible
for your losses or damages.
B. Limitations of
Our Responsibility for Processing Transactions.
There are some exceptions to our liability for processing transactions
on your accounts. For example, we will not be liable for the following:
- If your account
is closed
- If, through no
fault of ours, you do not have enough money in your account to cover
the transaction(s)
- If the money
in your account is subject to legal process or other claim restricting
such transaction
- If you do not
allow sufficient time between the request date and the due date
- If you do not
follow our online instructions for making a transfer or other transactions
- If the Bank has
placed a "hold" on funds in your account(s) in accordance
with the Bank's rights under applicable law or any agreements between
us
- If the Bank has
a reasonable basis for believing that unauthorized use of your password
or your accounts has occurred or may be occurring
- If the terminal
or system was not working properly and you knew about the breakdown
when you started the transaction
- If circumstances
beyond our control (such as fire, flood, or act of war) prevent the
transaction, despite reasonable precautions that we have taken
- If you default
under this agreement or any other agreement with the Bank
- If you or the
Bank terminates this agreement
VI. Consumer Privacy and Confidentiality
We will disclose
information to third parties about your account or the transaction that
you make:
- To complete transactions
as necessary, as permitted by law
- To verify the
existence and condition of your account upon the request of a third
party, such as a credit bureau
- To comply with
government agency or court orders
- If you give us
your written permission
See our Privacy
Policy on the Homepage of our Website or request a copy from any
office location.
VII. Termination
You or any other
authorized signer of your account may terminate this Agreement at any
time by notifying us in writing at American Bank and Trust Co., P.O.
Box 3339, Tulsa, OK., 74101-3339. This termination applies only to your
Online Banking Service and does not terminate your other relationships
with us. Termination of your Online Banking Service will automatically
terminate any pending payments.
We may terminate
your participation in the Online Banking Service for any reason, at
any time. We will try to notify you in advance, but we are not obliged
to do so.
VIII. Other Provisions
A. Enforcement
This agreement is governed by and interpreted in accordance with the
laws of the State of Oklahoma and applicable federal law. You irrevocably
submit to the jurisdiction of any court sitting in the State of Oklahoma
and agree that in any action brought under this Agreement, venue shall
be placed in the county or district where we maintain our business offices.
B. Change in
Terms
We reserve the right to change the terms and conditions of this agreement.
We will mail notice to you at least twenty-one (21) days before the
effective date of any change, as required by law.
C. Severability
Any term contained in this agreement which is or becomes invalid or
unenforceable under applicable law or regulation, shall not affect the
validity or enforceability of the remaining terms.
D. New Features
New features to our Online Banking Service may be introduced from time
to time. We will notify you when these service become available. By
using these services when they become available, you agree to be bound
by this agreement as amended for the new features. If a disclosure is
required to be given to you, we will deliver said disclosure by mail
or post it on our web site.
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