FIRST LIBERTY NATIONAL BANK
ACCOUNT AND EFT ACT DISCLOSURE AGREEMENT
This Agreement, which includes the Fee Schedule and Enrollment, is a contract establishing the rules which cover your electronic access to your accounts at First Liberty National Bank ("BANK") through FLNB On-Line Financial Center ("SYSTEM").
By using SYSTEM, you accept all terms and conditions of this Agreement. Please read it carefully. The terms and conditions of the deposit agreements and disclosures for each of your First Liberty National Bank accounts as well as your other agreements with First Liberty National Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal laws and the laws of the State of Texas (except to the extent this Agreement can and do vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.
The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and First Liberty National Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement.
This Agreement, together with the Enrollment Form and Fee Schedule, constitutes the entire agreement between you and First Liberty National Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
As used in this Agreement, the words "we," "our," "us" and "BANK" mean First Liberty National Bank. "You" and "your" refer to the account holder authorized by BANK to use SYSTEM under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through SYSTEM. "Account" or "accounts" means your accounts at BANK. "Electronic funds transfers" means ATM withdrawals, pre-authorized transactions, point of sale transactions and transfers to and from your BANK accounts using SYSTEM including bill payments. "SYSTEM Services" means the services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday. Holidays are not included.
Internet Security Information
Our Internet Banking service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the system can be viewed or printed from our website where the system's consumer or commercial features are explained. In addition to our login security, we use SSL (secure socket layer) encryption technology for everything done in the system.
Your browser automatically activates this technology when it attempts to connect to our system and it will support either the 40- or 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us.
During your use of the Internet Banking system, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the system, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction.
After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted and the password would need to be re-entered. A new cookie is used for each session, so that no one can use the cookie to access your account. For Cash Management users, a cookie may also be used to restrict access to a specific PC for conducting business transactions.
The service requires the customer to complete the Enrollment from the Bank website. Completing the enrollment will link any additional accounts that you are associated with by social security number.
To use SYSTEM, you must have at least one checking account at BANK, access to Internet service and an email address. SYSTEM can be used to access only the BANK accounts designated for access by SYSTEM during your enrollment process. Access to your accounts through SYSTEM will be based upon the identification of users and authority levels specified by you during your Enrollment process. We undertake no obligation to monitor transactions through SYSTEM to determine that they are made on behalf of the account holder.
You can use SYSTEM to check the balance of your BANK accounts, view BANK account histories, transfer funds between your BANK accounts, order checks, make stop payment requests, view checks, and pay bills from your BANK accounts in the amounts and on the dates you request if you have requested the Bill Payment Service during your Enrollment. Balance and activity information are available in a real-time environment.
Hours of Access
You can use SYSTEM seven days a week, twenty-four hours a day, although occasionally some or all SYSTEM services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM website.
For security purposes, you are required to change your password upon your initial login to SYSTEM. You determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to SYSTEM will be revoked. To re-establish your authorization to use SYSTEM, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper- and lower-case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth or names of children, and should be memorized rather than written down.
You understand the importance of your role in preventing misuse of your accounts through SYSTEM, and you agree to promptly examine bank statement(s) for each of your BANK accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information such as your driver's license number and social security number. You understand that personal identification information by itself or together with information related to your account may allow unauthorized access to your account. Your password and Login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via SYSTEM is encrypted in an effort to provide transmission security; SYSTEM utilizes identification technology to verify that the sender and receiver of SYSTEM transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the SYSTEM is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing BANK SYSTEM, or email transmitted to and from us, will not be monitored or read by others.
Fees and Charges
You agree to pay the fees and charges as set forth in the current fee schedule for your use of SYSTEM Services. You agree that all such fees and charges will be deducted from the BANK checking account designated as the "Primary Checking Account" on your Enrollment. You agree to pay any additional reasonable charges for services you request not covered by this Agreement. You are also responsible for telephone and Internet service fees incurred in connection with your use of SYSTEM.
Posting of Transfers
Transfers initiated through SYSTEM before 4:00 p.m. CST on a business day are posted to your account the same day. Transfers completed after 4:00 p.m. CST on a business day, Saturday, Sunday or banking holiday will be posted on the next business day. SYSTEM identifies a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of SYSTEM will not reflect transfers made by multiple users from the same account if different Login IDs are used.
You agree to communicate to any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts, in order to avoid overdrafts.
Overdrafts (Order of Payments, Transfers and other Withdrawals)
If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
Limits on Amounts and Frequency of SYSTEM Transactions
The number of transfers from BANK accounts and the amounts that may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed upon deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.
SYSTEM Bill Payment Service
You must designate: the BANK account from which the payments are to be made; the complete name of the payee, the account number, and the payee's remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited during the next business day before 4:00 p.m. Central Standard Time. By using the SYSTEM Bill Payment Service option, you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, "no signature required draft" or by debiting and remitting funds on your behalf. You also agree that your first SYSTEM bill payment will be charged to your Primary Checking Account. We reserve the right to refuse payment to any payee designated by you. If we do so, we will notify you promptly.
Scheduling SYSTEM Payments
If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 72 hours after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party, such as the failure of the bill payment payee to properly post a payment to your account.
How to Cancel a Bill Payment
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. The Service’s ability to process stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule. During Customer Service hours you can contact us at 855-678-3731.
Disclosure of Account Information and Transfers
You understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and transactions such as large currency and foreign transactions must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to SYSTEM. You agree and hereby authorize all of these transfers of information.
You will not receive a separate SYSTEM statement. Transfers to and from your accounts using SYSTEM will appear on the respective periodic statements for your BANK accounts.
Change in Terms
We may change any term of this Agreement at any time. If the change would result in increased fees for any SYSTEM service, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the BANK SYSTEM website or forward it to you by email or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject SYSTEM Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures. In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments contact us as soon as you can if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:
Your Liability for Unauthorized Transfers
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from contacting us, we will extend the time periods.
Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the SYSTEM Services provided to you under this Agreement. We do not and cannot warrant that SYSTEM will operate without errors, or that any or all SYSTEM Services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to SYSTEM, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of BANK and its affiliates exceed the amounts paid by you for the services provided to you through SYSTEM.
The BANK is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs and diskettes using a reliable virus detection 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.
Your Right to Terminate
You may cancel your SYSTEM service at any time by providing us with written notice by postal mail or fax. Your access to SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate
You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons:
Communications between BANK and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
First Liberty National Bank, 1900 Sam Houston, Liberty, Texas
First Liberty National Bank's Dayton Financial Center, 109 East U.S. Hwy 90, Dayton, Texas 77535
Consent to Electronic Delivery of Notices
You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the BANK SYSTEM website or by email. You agree to notify us immediately of any change in your email address.
FEES FOR FLNB ON-LINE FINANCIAL CENTER
|Access to FLNB On-Line Banking:||Free|
|Bill Pay Service - Monthly Activity Charge:||4.95|
|Stop Payment Fee:||$30.00|
Accounts will be charged on the last day of the month.
First Liberty National Bank
First Liberty National Bank has adopted the following principles:
Recognition of a Customer's Expectation of Privacy
First Liberty National Bank recognizes and respects the privacy expectations of our customers. First Liberty National Bank has established policies and procedures to prevent misuse of our customers' confidential and private information.
Use, Collection and Retention of Customer Information
First Liberty National Bank collects, retains and uses information about individual customers only where it is allowed by law and the institution reasonably believes it is useful in administering the institution's business, and in providing products, services and other opportunities to our customers. First Liberty National Bank does not currently sell data. Additionally, First Liberty National Bank does not have any future plans to change our policy on selling data. In the event that the institution begins to sell customer data, the customer will be notified and presented with the opportunity to "opt out," whereupon that customer's personal data will not be sold.
Maintenance of Accurate Information
First Liberty National Bank has established procedures to ensure that our customer's financial information is accurate, current and complete in accordance with reasonable commercial standards. First Liberty National Bank will respond in a timely manner to customer requests to correct inaccurate information.
Limiting Employee Access to Information
First Liberty National Bank limits access to our customers' confidential and private information to employees with legitimate business reasons for knowing such information. First Liberty National Bank will educate our employees about the importance of confidentiality and customer privacy. Employees will be appropriately disciplined for any failure to comply with these "Privacy Principles".
Protection of Information via Established Security Procedures
First Liberty National Bank maintains appropriate security procedures regarding unauthorized access to customer information.
Restrictions on the Disclosure of Account Information
First Liberty National Bank does not reveal specific information about our customers or their transactions to unaffiliated third parties for their independent use, unless the information is provided 1) to help complete a customer-initiated transaction, 2) to help administer the institution's bona fide business, 3) at the customer's request, 4) to comply with a legal requirement (i.e., subpoena), 5) to a reputable information reporting agency (i.e., credit bureau) or 6) after the customer has been informed about the possibility of such disclosure through a prior communication and is given the opportunity to decline (i.e., "opt out").
Maintaining Customer Privacy in Business Relationships with Third Parties
Whenever First Liberty National Bank does provide specifically identifiable customer information to a third party, First Liberty National Bank insists that the third party adhere to similar "Privacy Principles" that provide for keeping such information confidential.
Disclosure of "Privacy Principles" to Customers
First Liberty National Bank will make these "Privacy Principles" available to our customers to give them a better understanding of our commitment to safeguarding confidential and private information.
Special Information Applicable to Electronic (Internet) Banking
First Liberty National Bank's "Privacy Principles" will apply to customers' confidential and private information with regard to both traditional and non-traditional (i.e., Internet) banking activities. However, due to the unique nature of the Internet and the ease with which information can be exchanged, First Liberty National Bank feels it is important for customers to be aware of the unique issues surrounding Internet Banking
To better serve legitimate Internet Banking customers:
First Liberty National Bank collects generic information about visitors to our website. This information includes the date and time of access, the Internet service provider's address, the web browser used, and the visitor's physical location.
First Liberty National Bank requires customers to utilize specific passwords for access to confidential and private information. First Liberty National Bank reminds customers of their responsibility to safeguard login IDs and passwords. In addition, commercial customers should carefully screen those employees to whom user IDs and passwords are granted.
First Liberty National Bank utilizes encryption, firewall, router, third party verification procedures and other security software and hardware to help prevent unauthorized eavesdropping of and access to customers' confidential and private information.
First Liberty National Bank utilizes virus protection software to help prevent the spread of computer viruses.
First Liberty National Bank utilizes "cookies" to help authenticate our customers' identities and to help facilitate the exchange of information between First Liberty National Bank systems and our customers' systems.
First Liberty National Bank reminds all of our customers that links in the institution's websites can be to websites not under our control. These websites will not necessarily comply with First Liberty National Bank's "Privacy Principles" and security standards.
First Liberty National Bank reminds all of our customers that confidential and private information may be compromised in both traditional and non-traditional banking activities. First Liberty National Bank can only establish policies and procedures to help restrict use of and access to confidential and private information. If any First Liberty National Bank customers believe that confidential and private information has been compromised, please contact First Liberty National Bank immediately so that the potential breach can be investigated.
Comments or Complaints by Customers
Any comments or complaints about this policy, any privacy-related issue or any inaccuracy in customer data can be made by contacting:
Lisa Hart, Compliance Officer
First Liberty National Bank
P.O. Box 10109
Liberty, Texas 77575