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Online
Agreement
By signing an application
and enrollment form (the "Application") to subscribe to certain internet
banking and related services offered by Bank of Pontiac, an Illinois
banking corporation, as described in this Service Agreement and Disclosure
Statement (this "Agreement") and as otherwise made available by the
Bank from time to time (collectively, "Bank of Pontiac online banking
service"), or by your initial access to Bank of Pontiac online banking
service, and in consideration of our allowing you access to Bank
of Pontiac online banking service, you agree to the terms and conditions
of this Agreement. Each reference in this Agreement to the "Bank", "Bank
of Pontiac", "we", "us", or "our" refers to Bank of Pontiac, an Illinois
banking corporation, 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 Bank of Pontiac online banking services
with respect to the account. Each time you use Bank of Pontiac's
online banking service constitutes confirmation by you of your agreement
to and understanding of the terms of this Agreement and any screens
that appear on your computer when you sign on to Bank of Pontiac's
Web Site. 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.
BROWSER SECURITY. Bank of Pontiac 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. This can
be verified by an indicator on your web browser. 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.
HOST SECURITY.
Bank of Pontiac's server does not connect directly to the Internet.
It is buffered from the Internet through the use of a firewall.
All access from outside the bank must go through this firewall,
which screens the requests and allows only valid http traffic to
reach the server. Bank of Pontiac Internet Banking makes use of
an ICSA certified firewall.
LINKS. Links
to non-Bank of Pontiac websites contained in this site are offered
only as pointers to sources of information on subjects that may
be of interest to users of the Bank of Pontiac website, and Bank
of Pontiac is not responsible for the content of such sites as
we have no control over what is displayed there. Bank of Pontiac
does not guarantee the authenticity of documents at such sites,
and links to non-Bank of Pontiac 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-Bank
of Pontiac site is solely at the user's own risk.
COPYRIGHT/TRADEMARKS. You acknowledge and agree that all Content is the copyrighted work
of Bank of Pontiac or third party content suppliers, and is protected
by US and international copyright laws. The compilation (meaning
the collection, arrangement and assembly) of all Content is also
the exclusive property of Bank of Pontiac and is protected by US
and international copyright laws. If you download anything on this
Web Site, you must keep all copyright and other notices intact.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, or other content obtained from this Web
Site without the prior written authorization of Bank of Pontiac
or the third party suppliers. You acknowledge that www.bankofpontiac.com,
www.bankofpontiaconline.com, the Bank of Pontiac logo, the bankofpontiac.com
logo, and bankofpontiaconline.com logo, all page headers, custom
graphics, and button icons are service marks and/or trademarks
of Bank of Pontiac or it's third party providers, and that all
other trademarks, product names, company names or logos on the
Web Site are the property of their respective owners.
Your Use of Bank
of Pontiac Online Banking
In order to use Bank of Pontiac online banking services, you must
be at least 18 years of age and reside in the United States. In consideration
of your use of online banking, you agree to provide true, accurate
and current information about yourself as prompted by the registration
and application forms on this Web Site. If any information you provide
is untrue, inaccurate or not current, or if Bank of Pontiac has reasonable
grounds to suspect that such information is untrue, inaccurate or
not current, Bank of Pontiac, at its sole discretion, has the right
to suspend or terminate your use and refuse all current or future
access to the content and use of the services or suspend any portion
thereof. Further, you agree that Bank of Pontiac will not be liable
to you or any third party if Bank of Pontiac terminates your access
to the services or content for any reason.
1. Hardware
and Software Requirements. To be able to use Bank of
Pontiac, you must provide your own access to the Internet via
a personal computer (a "PC"). You are solely responsible for
scanning the Hardware and the Software for computer viruses and
other related problems before you use them.
2. The Accounts.
- Generally.
You agree to use Bank of Pontiac online banking solely for the
services described in this Agreement and designated by you in
the Application or subsequently designated by you as provided
in Section 5, and solely in connection with each deposit account
(collectively, the "Deposit Accounts") and each loan account (collectively,
the "Credit Account") held by the Bank and designated by you in
the Application or subsequently designated by you as described
below (collectively, the "Accounts"), except as otherwise expressly
provided in this Agreement or as otherwise expressly permitted
by us from time to time. You may add any account for which you,
or all of you if more than one, are depositor, borrower, authorized
signer, or authorized user by notifying the Bank or by visiting
any Bank branch office.
3.
Password; Confidentiality of Password. All Bank
of Pontiac online banking transactions or inquiries must be initiated
by use of your Bank of Pontiac online banking password. It is recommended
that you do not use your social security number, birthdays, names,
or other codes that may be easy for others to determine as your
password. No Bank employee will ever ask for
your password, nor should you provide it to anyone unless you intend
to allow that person access to your accounts, nor will we send you
emails requesting that you connect via links to our website.
YOU AGREE TO KEEP YOUR PASSWORD CONFIDENTIAL. USE OF THE PASSWORD
BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED
THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY
TRANSACTION OR REQUEST COMMUNICATED THROUGH Bank of Pontiac ONLINE
BANKING. You agree that any Bank of Pontiac online transaction or
request initiated by use of the password will be subject to and
governed by this Agreement.
If you authorize another
person to use your password, that person can use Bank of Pontiac
online to view any information or initiate any transaction on any
of the accounts to the same extent as you, including viewing information
or initiating transactions on accounts to which that person does
not otherwise have access. As such, your sharing of your password
is strongly discouraged by the Bank, and done at your sole risk
and peril.
If you believe that the
confidentiality of your password has been compromised, you agree
to notify Bank of Pontiac immediately and you agree to change your
password.If a third party should gain access to your password, you
alone are responsible for changing the password so as to deny the
third party's access to your banking information. Given the electronic
nature of these transactions, the Bank shall have no liability to
you in the event a third party should gain access to your password
through no fault of the Bank.
You should always logoff
the Bank of Pontiac online page after you finish viewing your accounts.
Never leave your computer unattended while accessing Bank of Pontiac
online. If you should, a third party may be able to access your
accounts from your terminal, without ever needing to use your password
and you would be responsible for that activity.
4. Business
Days. Business days for the Bank and for Bank of Pontiac
online are Monday through Friday, excluding Federal Holidays.
You may access the accounts through Bank of Pontiac online 24
hours a day, seven days a week, except that Bank of Pontiac may
perform regular maintenance on our systems or equipment, which
may result in errors or interrupted service. We may also find
it necessary to occasionally change the scope of our services.
Bank of Pontiac cannot guarantee that we will be able to provide
notice of such interruptions and changes, although we will attempt
to provide such notice.
5. Online Services. You
may use Bank of Pontiac online to perform any of the following
services designated by you in the Application or subsequently added
by you as provided below:
- To receive and download
balance and transaction information for Bank of Pontiac accounts;
- To transfer funds between any
authorized Bank of Pontiac Deposit Accounts, such as checking,
savings or money market deposit accounts;
-
To transfer funds from any
authorized Bank of Pontiac Deposit Accounts, such as checking,
savings or money market deposit accounts to make payments to
any authorized loan accounts;
- To export account information
into a formatted file. This file will be downloaded onto your
computer where it will be available for import into a personal
financial management software program;
- To initiate a stop payment
on a check;
- To submit change of address
requests;
- To view your account statements
online;
- To submit change of e-mail
address requests;
- To pay bills electronically
from a Deposit Account that is a checking account with unlimited
check-writing privileges; and
- To receive e-mail from
and transmit e-mail to the Bank, all as described in this Agreement
and the Software. You may sign up for or cancel any service by
contacting Bank of Pontiac. As used in this Agreement, the term "electronic
fund transfer" has the meaning provided for that term in Regulation
E and includes, without limitation, a bank transfer or bill payment
(other than a bill payment made by check or other paper item),
as these terms are defined below.
6. Transfers
to and from Accounts.
- Deposit
Accounts. You may use Bank of Pontiac to initiate
electronic fund transfers from one Deposit Account that is a checking,
savings or money market deposit account to any other Deposit Account
that is a checking, savings or money market deposit account, or
to make payments to loan accounts, as provided in this Agreement.
These types of transactions are referred to in this Agreement
as "bank transfers".You will provide a list of deposit accounts
that may be used for bank transfers during the setup process.
-
Authorization. You expressly authorize us to debit
the appropriate Deposit Account in the amount of any bank transfer
initiated through Bank of Pontiac online banking by you or by
any other person who is authorized to use your password. You agree
that we may treat any such bank transfer from a Deposit Account
the same as a duly executed written withdrawal, transfer, or check
and that we may treat any such bank transfer to a Deposit Account
the same as a deposit, all in accordance with the terms of this
Agreement and your deposit agreement(s) with us.
- Limitations.
Your ability to initiate bank transfers between Deposit Accounts
may be limited by federal law or by the terms of your deposit
agreement with us. Bank transfers from Deposit Accounts that are
savings or money market deposit accounts are limited as required
by federal regulation. You agree that we may, without notice or
other obligation to you, refuse to make any bank transfer for
security reasons or as otherwise expressly provided in this Agreement
or your deposit agreement with us. You cannot post-date bank transfers
or schedule bank transfers for future dates.
- Time
of bank transfers; posting; funds availability.
If you initiate a bank transfer of available funds on or before
six (6:00) p.m. Central Standard Time ("Central") on a business
day, the bank transfer will be posted to the Deposit Account on
the same business day. If you initiate a bank transfer other than
before six (6:00) p.m. Central on a business day, the bank transfer
will be posted on the next business day. Transferred funds will
be available for withdrawal on the business day following the
business day the bank transfer is posted to the Deposit Account.
Please refer to the following schedule for posting and funds availability
information (intervening holidays will alter this schedule):
|
If bank transfer
is initiated before
6:00 p.m. Central Time |
Funds will
be
posted on: |
Funds will be
available on: |
|
|
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday |
Monday
Tuesday
Wednesday
Thursday
Friday
Monday
Monday |
Tuesday
Wednesday
Thursday
Friday
Saturday
Tuesday
Tuesday |
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 this Section are subject to the provisions
of Section 17 and 18.
- Documentation.
You may view monthly account information from the account access
screen of Online Banking. The information will be presented via
your Bank of Pontiac Online Banking account and will show all
authorized accounts.The account access screen will list all transactions
for one year.
7. Account
Information. You may use Bank of Pontiac online banking
to receive, download, and 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).
All account information provided via Bank of Pontiac online 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 your statement.
8.
Bill Payment Service.
- Payment
Accounts. If you have enrolled in the optional
bill payment service, you may use Bank of Pontiac online banking
to initiate payments from any Deposit Account that is a checking
account with unlimited check-writing privileges (a "Payment Account")
to pay obligations owed to certain third parties in the United
States, including, without limitation, any Bank of Pontiac mortgage,
installment loan, credit card or line of credit account. These
types of transactions are referred to in this Agreement as "bill
payments". You may initiate individual bill payments and may pre-authorize
recurring bill payments. You must designate the account used to
process bill payment debits and any applicable fees. Multilple
checking accounts may be associated with the Bill Pay Service.
-
Authorization. You agree that we may treat any
bill payment that was initiated though Bank of Pontiac online
banking by you or by any other person who is authorized to use
your password 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.
- 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 day is referred to as the "lead time".
The lead time for the payee will be approximately 3 - 4
business days for electronic payments and approximately 5 business
days by check. A bill may be paid as quickly as 48 hours from
the receipt of your request. 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 you 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.
- Checks.
If the payee cannot or will not accept a bill payment by electronic
fund, a check will be generated and submitted to the payee. Although
the check will not be signed by you, 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 Bank from the Payment Account.
- Returned
or rejected bill payments. If a bill payment is
returned or rejected, whether by Bank of Pontiac or any third
party (including, without limitation, an intermediary bank or
the payee's bank), then Bank of Pontiac may assess a Non Sufficient
Funds (NSF) fee. You agree to furnish Bank of Pontiac any information
as it may request to resolve any error or inquiry arising out
of your initiation of any bill payment(s).
- Cancellation
or stop payment of bill payments; revocation of authorization.
You may review, change or cancel bill payments online without
an additional charge while the bill payment request is in the
"Scheduled Payments" screen. Once the transaction is completed,
it is moved from the "Scheduled Payments" screen to the "Payment
History" screen and cannot be cancelled or changed. You may call
the Bank to request the stop payment but, we will also require
you to put your request in writing and deliver it to us no later
than fourteen (14) days after you call. Except as expressly otherwise
provided in this Section, stop payment orders will be subject
to the applicable provisions of the Deposit Account Agreement
that you signed when opening your Deposit Account at Bank of Pontiac.
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 online bill pay system, by notifying the Bank,
or by canceling the bill payment service.
- Inconsistent
name and number appearing in a bill payment order.
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 Bank) 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.
Electronic Mail Service. We
also provide e-mail for you to communicate with the Bank.You may
ask questions about your account(s) or maintenance and/or problem
resolution issues, or to give your comments regarding our products
and services. E-mail is not a secure method of communication over
the Internet and we recommend that you do not send confidential
information by e-mail.
E-mail may not be used to
initiate transactions on your account(s). E-mail transmitted by
you to us via Bank of Pontiac 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 password,
to report unauthorized access to an account, or for any other reason,
you should call us at (815) 844-6155. We will not be responsible
for acting on or responding to any e-mail request made Bank of
Pontiac online 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 Bank of Pontiac online banking.
10. Electronic
Delivery of Banking Notices. Bank of Pontiac will deliver
all notices allowed under Federal law and regulation (as promulgated
by the FDIC, Federal Reserve Bank, FFIEC, or any other body given
governing authority over Bank of Pontiac) via e-mail or posted
within your online banking system.To that end, you agree to receive
all such notices electronically and you agree to provide your
current e-mail address to Bank of Pontiac for those purposes.
11. Additional
Service. We may, from time to time, make additional
services available through Bank of Pontiac online 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.
12.
Fees and Charges.
Access
to the Bank of Pontiac web site is furnished at no charge to the
customer. Bank of Pontiac has not instituted a charge for
viewing your accounts, or completing transfers to and from your
deposit accounts or making loan payments.
For
customers utilizing the "Bill Payment Service", a monthly fee of
$4.95 will be waived as long as at
least one bill is paid each month. If no bills are paid during the
month a fee of $4.95 will be charged(debited) against your account.
These charges will not be
prorated for portions of a month and may be changed pursuant to
Section 21 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. Please refer to the service schedule for details.
13. 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.
14. 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 bill payments,
and (b) amounts debited by the Bank 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,
bill payments, 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 statements or any
other notices mailed by the Bank to you, as provided in Section
19.
15. 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 or (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 payments initiated
through Bank of Pontiac online banking. At the time any account
is closed (whether by you, by us, or otherwise) or any Bank of
Pontiac 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 Bank's exclusive remedy under this or
any other section of this Agreement, and the Bank will not be
deemed to have made an election of remedies by making any such
debit or deduction on any one or more occasions.
16. Bank'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:
- If, through no fault of
ours, you do not have enough money in the Deposit Account (or
any linked account) to make the electronic fund transfer or the
account has been closed.
- If the electronic fund
transfer would go over the credit limit on any check overdraft
protection line of credit account linked to the Deposit Account.
- If you have not completely
and properly followed the terms of this Agreement or instructions
provided by the Software regarding how to make an electronic
fund transfer or you have not given complete, correct and current
instructions so that a transfer may be made.
- If any data or instruction
transmitted via Bank of Pontiac online banking are inaccurate
or incomplete.
- If you do not initiate
an electronic fund transfer according to the time limits set
forth in this Agreement and the online Payee list, or if the
payment amount requested is less than the full amount due.
- If the electronic fund
transfer has been transferred from the Deposit Account to a third
party, including, without limitation, any third party through
which payment is made and any payee or its financial institution.
- If the Hardware, the Software,
the Service Provider, or any part of the Bank of Pontiac online
system, including the bill payment service, was not working properly
and you knew about the breakdown when you started your electronic
fund transfer.
- If circumstances beyond
our control, such as an act of God, failure, delay, or error
on the part of any third-party service provider (including, without
limitation, the Service Provider, the United States Postal Service
or any other delivery service), power outage, difficulty with
telephone or cable lines or satellite communications, difficulty
with any Hardware, the Software, or the Service Provider, computer
virus or related problem, or cessation of the operation of the
Service Provider or the arrangement between the Bank and the
Service Provider, prevent or delay the electronic fund transfer,
despite reasonable precautions that we have taken.
- If the money in your account(s)
is subject to legal process or other claim restricting such transfer.
- If the funds in the Deposit
Account are unavailable (funds are only conditionally credited
until they become available for withdrawal).
- If your password has been
reported lost or stolen or if we have any other reason to believe
that an electronic fund transfer may be erroneous or unauthorized.
- If you, any joint holder,
or an authorized cosigner on a Deposit Account has requested
that we stop payment of the electronic fund transfer.
- If you have exceeded the
limitations on the number of withdrawals or transfers allowed
during the statement period for the type of Deposit Account you
have with us (e.g., certain types of savings accounts, including
money market deposit accounts).
- There may be other exceptions
stated in this or any other applicable agreement that we may
have with you.
17. Limits
on Bank's Liability. Our liability for electronic fund
transfer made to or from Deposit Accounts is also governed by
Sections 16 and 18. If any provision herein is inconsistent with
any provision of Section 16 or Section 18 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 Bank of Pontiac 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 Bank be liable 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 Bank has
been informed of the possibility of such damages), including,
without limitation, attorneys fees. The Service Provider is an
independent contractor and not the Bank's agent. The Bank'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 Bank of Pontiac 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
Bank 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 bank's responsibilities
under this Agreement which is caused or occasioned by any act
or thing beyond the Bank's reasonable control, including, without
limitation, legal restraint, interruption of transmission or
communication facilities, equipment failure, electrical or computer
failure, 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 Bank
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 that the Bank 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 Bank's agent.
18. 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
Bank of Pontiac online banking. You have the obligation to immediately
notify the Bank if your password has been lost or stolen, or
if someone has transferred funds from your account through Bank
of Pontiac online without your permission (or is contemplating
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
Bank of Pontiac online electronic fund transfer that is initiated
by a person to whom you furnished your password. 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 Bank of the unauthorized
use of your password. 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 Bank, nor be entitled to any damages from the Bank, as to
said unauthorized transfers. This sixty (60) day limitation is
without regard as to the standard of care exercised by the Bank. If
you believe your password has been lost or stolen or that someone
has transferred or may transfer money from a Deposit Account
without your permission call: (815) 844-6155.
Or write:
Bank of Pontiac
300 W. Washington
Pontiac, IL 61764
19. Rejection
of Payment Orders; Overdrafts. You acknowledge
that the Bank or the Service Provider may from time to time,
in its
sole discretion, reject any bank transfer or bill payment 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 Bank nor the Service Provider
is under any obligation to recognize that a payment is a duplicate
and you should not rely on the Bank or the Service Provider to
do so. If a payment order is rejected or a bank transfer or bill
payment is returned, either the Bank 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 Bank or Service Provider will make two
attempts to present the bill payment request in the event that
there are insufficient or unavailable funds in the Deposit Account.The
Bank 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 Bank 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 a business day is immediately due and payable
without notice or demand.Further terms and conditions related
to the online bill pay service are submitted for your review
and acceptance during the online bill pay service application
process.
20. 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 Bank of Pontiac online banking. We will disclose
information to third parties about your Deposit Account or the
transfers you make:
- Where it is necessary
for completing bank transfers or bill payment or providing any
other service in connection with Bank of Pontiac online banking;
or
- In order to verify
the existence and condition of your Deposit Account for a third
party, such as a credit bureau or merchant; or
- In order to comply
with government agency or court orders; or
- If you give us
your written permission.
21. Other Agreements;
Severability; 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 Funds Availability
Notice, the Bank'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 Bank's
obligations to you, the terms of this Agreement will control.
If any provision of this 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 clearing house association
as in effect from time to time with respect to all automated
clearing house 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 of Illinois.
22. 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 positing 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 this
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.
23. Termination. You
agree that we may cancel or restrict your use of Bank of Pontiac
online banking or any Bank of Pontiac online service at any time
upon such notice (including e-mail) as is reasonable under the
circumstances. You may cancel Bank of Pontiac online by written
request to the Bank at any time. If you cancel the bill payment
service, all pending and/or recurring bill payments will be automatically
canceled.Online service fees will not be prorated.
24. 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.
25. No Third-Party
Beneficiaries. This Agreement is for the benefit of
you and the Bank 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 this
Agreement.
CHOICE OF FORUM. 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 Livingston County, Illinois.
In the event that the Bank is the prevailing party, the Bank shall
be entitled to reimbursement for all reasonable attorneys' fees
and costs incurred including, but not limited to, those incurred
incident to any appeal. OWNERSHIP of MATERIALS. The
content and information on our site is the property of Bank
of Pontiac. It should not be duplicated or copied by any
means. |