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.
"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
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.
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.
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
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
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.
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.