Aroostook County Federal
Savings and Loan Association
Online Home Banking User Agreement
(Terms and Conditions)
The first time you access your accounts through Online Home Banking, you agree to be bound by the terms and conditions of this Internet Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms. Please read this Agreement carefully. By requesting and using one of these Services, you agree to comply with the terms and conditions of this Agreement.
Introduction
This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Aroostook County Federal Savings and Loan Association (“Association”, "Aroostook Savings and Loan", "we", "us" and "our") via our Internet Banking site ("Online Home Banking" or "Online") and our Web Bill Payment Service ("Web Bill Pay", or "Bill Pay"). As used in this Agreement, the terms "you", "users" and "your" refer to each person signing an Internet Banking Application.
Benefits of Internet Banking
Through Online Home Banking, you can manage eligible accounts through the use of your Internet-enabled device. Internet Banking through Association’s Online site can be used to conduct any of the following "Online Financial Services":
· Obtain balances and transaction histories on all eligible accounts enrolled in Online Home Banking;
· Transfer money between eligible accounts (The number of transfers you can make from accounts is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires);
· Transfer money to pay Association for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address.
Association may, from time to time, introduce new Online Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality of our customer account information. We use several techniques to help secure our Internet Banking service, including the following:
· You can only access Online Home Banking with certain browsers that have a high security standard.
· Your account numbers are never displayed in full - only the last 4 digits can be viewed.
· You must have a valid Internet Banking User ID and Password to logon.
· If no action is taken for 10 minutes, you will be automatically logged off from Online Services.
Requirements
To access Online Home Banking and Web Bill Pay you should be using the latest version of web browser software from any of the major web browser providers (Microsoft’s Internet Explorer, Google’s Chrome, Mozilla’s Firefox or Apple’s Safari) as well as having all available operating system security updates installed.
In addition to compatible software, you must have an Internet Banking User ID, a Password, and maintain one or more of the following eligible accounts at Association: a NOW Checking Account, Savings Account, Money Market Account, Certificate of Deposit, Christmas Club Account, IRA Account, Mortgage, and/or Consumer Loan Accounts.
Any account that requires two or more signatures to make withdrawals, transfers or other transactions is not eligible for withdrawals from Online Services.
Your Online Home Banking Password
Your Password will give you access to your Association accounts via Online Home Banking. Association is entitled to act on any instructions it receives using your Password. For security purposes, it is recommended that you memorize your Password and do not write it down. We also recommend that you change your Password regularly to try and avoid misappropriation by a third party. Your Password can be changed at our Online site. You are responsible for keeping your Password and account data confidential. When you give someone your Password, you are authorizing that person to use Online Banking Account. You are responsible for all transactions performed using your Account, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your Password will be charged against your account(s).
Accessibility
You can usually access Online seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of the Online Home Bank System may not be available due to system maintenance or reasons beyond our control. The Association does not warrant that the Online Home Bank System will be available at all times. When unavailable, you may use our Electronic Teller, “Phone Home” Telephone System, an automated teller machine ("ATM") or an Association branch office to conduct your transactions. An Online transaction initiated prior to 4 PM (EST) on a banking day is posted to your account the same day. All transfers completed after 4 PM (EST), or on a non-banking day, will be posted the following banking day.
Restrictions
You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using Online Home Banking. You may not gain, or attempt to gain, access to any Online Home Banking and/or Web Bill Payment Service, network or data not specifically permitted to you by the Association, or its third party providers or vendors, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with the Association or its suppliers.
Bill Payment Service
The Association does not provide the Web Bill Payment Service directly. Instead, the Association entered into an agreement with Fidelity National Information Services, Inc. (FIS), a bill payment provider, to provide web bill payment services directly to you. Web Bill Payment Service allows you to schedule bill payments through Online Home Banking. Refer to the Web Bill Payment User Agreement for more details.
Unauthorized Transactions
You should notify us immediately if you believe anyone has improperly obtained your Password or if you suspect any fraudulent activity in your account(s). If your Password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared. (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us within the sixty (60) day period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time. We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; and (iii) tell us the dollar amount of any suspected error. For bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or an international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending E-mail is a very good way to communicate with the Association regarding your accounts or about our Online Home Banking and/or Web Bill Pay. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to the Association. You cannot use e-mail to initiate Online and/or Web Bill Pay transactions. All such transactions must be initiated using the appropriate functions within the Online and/or Web Bill Pay site. The Association will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information
User acknowledges and agrees that by providing the Association or its third party providers or vendors with any personal or proprietary User information through the Site, User-related consents to the transmission of such personal or Proprietary User-related information to the Association, its agents and processors over state and international borders as necessary for processing in accordance with The Aroostook County Federal Savings and Loan Association standard business practices. Refer to the Privacy Statement for more information on how information is handled by the Association.
Links to Other Sites
Information that the Association publishes on the World Wide Web may contain links to other sites and third parties may establish links to the Association’s site. The Association makes no representations about any other web site that you may access, to, from or through this site. Unless expressly stated in writing, the Association does not endorse the products or services offered by any company or person linked to this site nor is the Association responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs. Access to any other web sites linked to the Web site is at the User's own risk.
Malware Protection
Association is not responsible for any malware that you may encounter using Online Services. We encourage you to routinely verify the security of your internet-enable device.
Postings
In connection with message boards or chat rooms on the Web Site, the Association is under no obligation to review any messages, information or content ("Postings") posted on the Web Site by Users, and the Association assumes no responsibility or liability relating to any such Posting. The Association may from time to time monitor the Postings on the Web Site and in good faith may decline to accept and/or remove any Postings for any reason.
Damages and Warranties
User agrees that the Association, any third party provider, and any vendor shall have no liability, contingent or otherwise, for the accuracy, timeliness, completeness or correct sequencing of the materials, or for any decision made or action taken by User in reliance upon the products, materials or the service, or for interruption or delay of any data, material, or any other aspect of the service. This service and all products and materials are provided "AS IS". There is no warranty that any service, products, materials or other content available on or through this Web site, or the Association's computer system will fulfill any of User's particular purposes or needs. There is no implied warranties of merchantability or quality, fitness for a particular use, or accuracy of information content, and no other warranty of any kind, expressed or implied, regarding the products or materials, or any aspect of the service (including, but not limited to information access and order execution), even if the Association has been advised or is otherwise aware of the possibility of such damages, including, without limitation, liability associated with any viruses, which may infect a user's computer equipment or related software.
Limited Liability
In no event shall the Association, any third party provider, or any vendor be liable to User or anyone else for any incidental, consequential, special or indirect damages (including, but not limited to, lost profits, trading losses or damages that result from inconvenience, delay or loss of the use of materials, products, or service) arising out of or related to these Web Site rules or any applicable service agreement, even if the Association or such third party provider or vendor has been advised of or is otherwise aware of the possibility thereof, except as limited by applicable law. The maximum aggregate liability of the Association for all of the form or cause of action shall be the lesser of the amount user originally paid for the service, products or materials or one hundred US dollars (US$100). Some states do not allow the exclusion or limitation of incidental or consequential damages. So the above may not apply to User. No action regardless of form rising out of this agreement may be brought by user more than one (1) year after the cause of action has accrued.
In addition to the terms previously disclosed, the Association is not responsible for any losses, errors, injuries, expenses, claims, attorney's fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Home Banking or the use of the Web Bill Payment Services, or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by the Association or one of its suppliers. In addition, the Association disclaims any responsibility for any electronic virus (es) Customer may encounter after installation of such software or use of Online Home Banking or Web Bill Payment Services. Without limiting the foregoing, neither Association nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Association and its suppliers provide Online and Web Bill Pay from their own sites and they make no representation or warranty that any information, material or functions included in Online or Web Bill Pay are appropriate for use by you in your jurisdiction. If you choose to use Online and/or the Web Bill Pay, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither the Association nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online, Web Bill Pay, or contained in any third party sites linked to or from the Association’s web site. THE ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE, WEB BILL PAY, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. ASSOCIATION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be governed by the laws of, the State of Maine, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Aroostook County, Maine, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney's fees, costs, and expenses.
Indemnity
User agrees to indemnify, defend and hold the Association and its Third Party Providers and Vendors harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, reasonable attorney's fees) arising from: (i) User's violation or breech of these Web Site Rules, any Service Agreement, any third party's rights, including, but not limited to, copyrights, proprietary and privacy rights, or any applicable federal, state or local law, regulation or ordinance; (ii) User's failure to comply with applicable law; or (iii) User's negligence. User's obligations under this Section will survive the termination of these Web Site Rules, any applicable Service Agreement, or any Services.
Termination of Service
The Association reserves the right to deny or terminate User's access to or use the Web Site, any Service, Product, or Material, or any portion there of, in the Association's sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User's breach of any provision of these Web Site Rules or any applicable Service Agreement or discontinuance of the Association's access to any Product or Material. In the event of any such termination by the Association, the Association shall have no liability to User.
Change in Web Site Rules
The Association reserves the right to revise these Web Site Rules at any time, effective upon sending a notice of the changes to User's postal or e-mail address maintained in the Association's records, or at the Association's option by posting the revised Web Site Rules on the Web Site, and User is deemed to be apprised of and bound by any changes to these Web Site Rules unless User notifies the Association of User's objection to a refusal to accept the changes by sending a written notice of such objection to the Association at Aroostook County Federal Savings and Loan Association, P.O. Box 808, Caribou, Maine 04736-0808 and include User's name as it appears on User's account, social security number, account number, telephone number, and sign and date User's correspondence. However if User continues to access or use the Association Web Site, or any service, product or material, such action shall constitute User's acceptance and agreement to the changes in the Association Web Site Rules, notwithstanding any written notice of objection to the contrary.
Notices
User agrees that if the Association needs to contact User or send User any written (paper-based) information (such as notices, account statements, checks payable to Users, or other communications), the Association can do so by mail addressed to User at the postal service address in the Association's records or, at the Association's option, by electronic communication(s) either authorized by User or permitted by law and transmitted by the Association to User's e-mail address in the Association's records. Unless the communication states another effective date, any paper-based communication the Association sends to User is effective when mailed to User's postal service address by delivery to the mail service provider, and any electronic communication the Association sends to User is effective when transmitted by the Association to User's e-mail service provider. User must notify the Association promptly in writing or by e-mail with written confirmation mailed within five (5) days, if User changes User's postal service or e-mail service for address or if User's e-mail service provider is no longer providing e-mail service for User. In no event shall the Association have any responsibility, and User hereby release the Association from all claims and liabilities, for any actions or omissions by User, or for any failure in computer hardware, software, or communications lines not maintained by the Association, or under the Association's control.
Assignment
Association may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.
Integration
This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Association.
Severability
If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and Association, this Agreement will control.
Waiver
Association shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Association of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
Events Beyond Our Control
Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party's control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.
Construction
This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.