THE FIRST STATE BANK
ONLINE BANKING TERMS AND CONDITIONS
Electronic Disclosures: You agree to receive this Agreement and Initial Disclosure electronically. After you have carefully read this Agreement in its entirety, you will be asked to consent to the terms and conditions of this Agreement. We suggest that you print a copy of this Agreement for future reference.
The following Agreements set forth the terms and agreements between The First State Bank and its customers for Online Banking. As The First State Bank offers various customer banking services via the Internet, a different agreement is required for each specific service. All customers are deemed to have read, understood, and agreed to each specific agreement upon requesting and obtaining the service. Each service is different and the existence of a term in one agreement does not constitute the existence of that term in any other agreement unless specifically stated.
"ONLINE BANKING SERVICE" AGREEMENT
For the purpose of this Agreement, the words "we”, “us”, "our”, “FSB,” or "First State Bank" mean The First State Bank. The words "you" or "your" mean each person who is authorized to access The First State Bank account information via the Internet using Online Banking.
This Agreement states the terms and conditions that apply when you utilize the Internet to access account balance, transaction history, or account transfer history information on your First State Bank deposit accounts (checking, savings, Certificate of Deposit (CD), Individual Retirement Account (IRA)) and loan accounts (consumer and commercial, line of credit, mortgage). This Agreement also applies to the Quicken®/ Quickbooks® feature available through the "Online Banking Service”. The service also includes the ability to communicate electronically and initiate transactions with us. The terms stated are in addition to any other agreement you may have with The First State Bank including all agreements for Internet and conventional banking services.
1. ACTIVATION AND DESCRIPTION OF SERVICE. The "Online Banking Service" allows you to utilize our web page for the following purposes:
Commercial Online Banking
Retail Online Banking:
Retail/Consumer customers have the following features (not all immediately available):
2. SECURITY AND RESPONSIBILITY OF USER ID AND PASSWORD. You are solely responsible for the security of your User ID and Password. Anyone who has your User ID and Password will be able to access your account information. Because we are unable to identify the person actually using your User ID and Password, we will not be held liable for any harm that may occur from the unauthorized access of your account information. If you become aware of any unauthorized use of your User ID and Password, you must notify us immediately. Upon notice from you we will take reasonable steps to protect your account information, including but not limited to voiding your existing User ID and Password and issuing you a new User ID and Password. When you log-in to the “Online Banking Service” for the first time, you will be asked to immediately change your password. The First State Bank employees do not need to know your password for any reason and therefore you should never, under any circumstances, give your password to anyone, including someone claiming to be from the bank. If you fail to safeguard the secrecy of your password, you do so at your own risk since anyone with your password will have access to your accounts.
3. EXTERNAL TRANSFER RULES AND LIMITATIONS. By scheduling and submitting an external transfer, you agree to be bound by the Electronic Transfers section of your account disclosures, with or without a signature. Such transfers are subject to all applicable laws and NACHA (National Automated Clearinghouse Association) rules and regulations. A fee may be assessed, based on the Common Features and Fees schedule. Account limitations and restrictions apply. For the First State Bank Bill Pay Service, separate eligibility and enrollment requirements and a separate agreement will apply.
4. LIMITATIONS ON FREQUENCY OF TRANSFERS. You may initiate an unlimited number of transfers between your eligible accounts subject to the limitations that apply to the maximum number of automatic or recurring withdrawals from savings accounts. Refer to your Account Agreement and/or Disclosures for details. You agree, according to federal regulations, not to make more than six (6) preauthorized or automatic transfers from your Money Market or Savings Account during a given monthly statement period. There is no limit to the number or amount of withdrawals made from your checking account.
5. LIMITATIONS OF STOP CHECK FEATURES. A fee is applicable for all stop check (also known as “stop payment”) requests issued by using our “Online Banking Service”. This fee is listed in the Common Features and Fees schedule. When submitted online, the stop check order is directly recorded into the Bank’s core system, and the stop check fee will be automatically deducted from your checking account. The stop check order must be submitted before the check clears the Bank and is posted to your account. If the item is stolen, we may require a written validation or notice within fourteen (14) days of issuing the request. If a stolen item is already posted to your account, please contact The First State Bank immediately at 1-800-482-7640 for more information (as disclosed in Account Disclosures). When you submit a stop payment request, you must provide us with the following information: Check number, check date, check amount and payee. The stop payment is performed by computer, and any error or misstatement, however minor, could result in the stop payment order being ineffective.
6. FEES. There is no fee for utilizing the "Online Banking Service" for viewing balance and transaction history information on your accounts. We reserve the right to charge fees for other services related to Online Banking.
7. AVAILABILITY AND ACCURACY OF ACCOUNT INFORMATION. The "Online Banking Service" will allow you to access all information concerning your account balances or transaction history since the account was opened or for the last two years, whichever is shorter. This time period for availability applies only to the "Online Banking Service." The "Online Banking Service" will also allow you to transfer funds between your accounts. There is no limit on the amount of funds you can transfer between accounts except for the then current availability of funds on any particular account.
The information you access concerning your accounts through our Internet services may not reflect transactions that have not been posted. Although our Internet services are generally available 24 hours a day, 7 days a week, we only process transactions and update information on business days which are Monday through Friday excluding holidays. Thus, any transfer you perform will not be effective until we process the transaction on the next business day.
8. JOINT ACCOUNTS. In the case of a joint account, each account holder is jointly and severally obligated under this agreement. After the issuance of a user ID and password, you may individually perform the following functions; obtain information, transact business, take actions and perform in accordance with this agreement, or terminate this agreement. While acting individually to access your joint account, we are not required to obtain the consent of, or provide notification to other account holders or person(s) to whom you have given access to your account, the fact that you are accessing the account individually. The First State Bank requires each party holding a joint account to have a separate and unique user ID and password.
You individually and severally release us from any liability and further agree not to make any claim or bring any action against us for honoring or allowing any access or transaction where the person(s) attaining the access or transaction is one of the account holders or is authorized by one of the account holders to access account. You agree to indemnify us and hold us harmless from and against any and all liability, including by not limited to reasonable attorney fees, arising from any such claims or actions.
9. NOTICES AND COMMUNICATION. Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our Online Banking service or at the last known email address that we have for you in our records. Notice to one joint account owner or Online Banking service customer will be effective for all of you. You agree that we may send or provide by electronic communication any notice, communication, or disclosure required to be provided orally or in writing to you. We may require written paper confirmation from you of any electronic communication, which this agreement permits you to make to us.
10. ELECTRONIC MESSAGING. The First State Bank “Online Banking Service” and “First State Bank Bill Pay Service” provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. If you need to contact us immediately, please use the information contained in Section 16 below. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it. Electronic messaging CANNOT be used to notify us of lost or stolen User ID’s or Passwords; nor can electronic messaging be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Section titled Error Resolution Notice. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive e-mail messages to or from the general public.
11. CHANGING TERMS AND TERMINATING THIS SERVICE. We have the right to terminate this agreement at any time, and if we do so, we may also terminate other Online Banking services. We will ordinarily send you notice of any termination, but we are not required to do so unless applicable law requires such notice.
We also have the right to make changes in this agreement at any time. We will comply with any notice requirements under applicable law for such changes. If applicable law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
You may terminate this agreement at any time by notifying us in a written signed format. If you terminate this agreement, we may also terminate other Online Banking services. We agree that we will not terminate this Agreement or any service provided hereunder on any discriminatory basis.
12. DURABILITY OF HARDWARE AND SOFTWARE. Due to probable advances in technology we may upgrade any or all of our "Online Banking Services" at any time. You understand and agree that if in the event we upgrade our "Online Banking Services" with respect to its technological capabilities, in a manner that renders the computer hardware or the software you use to access our "Online Banking Services" obsolete, we will not be responsible for maintaining or providing compatible Internet service to you.
13. VIRUSES. In order to protect your computer you should utilize any and all anti-virus capabilities available to you. Because you will access our "Online Banking Service" through the Internet, we cannot reasonably detect viruses you may encounter. Accordingly, you agree that we will not be responsible for any electronic virus or other harmful component you may encounter using our "Online Banking Service." We encourage you to routinely scan your computer hard drive and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or un-repaired, a virus may corrupt and destroy your programs, files and even your hardware.
14. BUSINESS DAYS. Our business days are Monday through Friday, excluding Federal Reserve holidays (please see Calendar on www.fsb-wv.com for listing). Excluding maintenance periods, you may use the service 24 hours a day, seven days a week to schedule, modify, or review a payment order. Funds transfers and balance inquires are also available 24 hours a day, seven days a week. However, bill payments can be processed only on business days.
15. YOUR LIABILITY (Applicable to Consumer Clientele Only). Notify us IMMEDIATELY if your user ID and password has been lost or stolen. Notification via the telephone is the most efficient way of keeping your possible losses down. However, as a follow up to the telephone notification you may be asked to submit notification to us in a signed written format. By failing to notify us immediately you bear the risk of losing all the money in your account plus your maximum overdraft line of credit. If your user ID and password has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you bear the risk of losing no more than $50. If you fail to notify us of the loss or theft of your customer ID and password, within two business days, you bear the risk of losing as much as $500.
If your statement reflects transactions that you did not initiate, notify us IMMEDIATELY. If you fail to notify us within sixty days after the statement was mailed to you, it may not be possible to retrieve any money you may have lost after the sixty day time period.
16. CONTACT IN EVENT OF UNAUTHORIZED TRANSFER. If you believe your User ID and Password has been lost or stolen, or that someone to whom you have granted authority to use your User ID and Password has exceeded such authority, or that someone has transferred or may transfer money from your Account(s) without your permission, call:
304-736-5271 or 1-800-482-7640
Or write:
The First State Bank
Online Banking Support Dept.
P. O. Box 295
Barboursville, WV 25504-0295
17. BANK LIABILITY FOR TRANSFERS (Applicable to Consumer Clientele Only). If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. This liability is in addition to the payment guarantee for bill payments. However, there are some exceptions. A list of possible exceptions follows though other unanticipated exceptions may apply. We will not be liable, for instance:
18. ERROR RESOLUTION NOTICE (Applicable to Consumer Clientele Only)
In Case of Errors or Questions about Your Electronic Transfers
Telephone us at 304-736-5271 or 1-800-482-7640
Or write:
The First State Bank
Online Banking Support Dept.
P. O. Box 295
Barboursville, WV 25504-0295
If you think your statement or information regarding a transaction is wrong or you need more information about a transfer listed on the statement, contact The First State Bank as soon as possible. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. When contacting The First State Bank regarding an error resolution, please be prepared to communicate the following information:
If you notify us verbally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will tell you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business, we may not credit your account.
If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
19. LIMITATION OF LIABILITY. You agree that The First State Bank, First Bankshares, any of our officers, directors, employees, agents, any of our subsidiaries or affiliates (collectively, "The First State Bank"), or any third party service providers engaged by The First State Bank to perform any of the services connected with "Online Bill Pay Service" will not be responsible for any damages, losses, property damage or bodily injury, incurred as a result of your using or attempting to use The First State Bank "Online Bill Pay Service," whether caused by the equipment, software, Internet browser providers, Internet access providers or online service providers or an agent or subcontractor of any of the foregoing. Nor will The First State Bank or any third party service providers engaged by The First State Bank be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way as a result of the use of "The First State Bank Internet Service", Internet browser, access software, or for any errors in information provided through that service, or arising from the use, misuse or inability to use the Services, or for any loss of any data, even if we have been informed of the possibility of such damages. We make no warranty to you regarding your equipment or any software including any warranty of merchantability or fitness of the "Online Bill Pay Service" for any particular purpose. Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, use or maintenance of the Financial Software, even if we have been advised of the possibility of such damages or losses. We are not responsible for any loss, damage or injury resulting from an interruption in your electrical power or telephone, the disconnecting of your telephone line, from deficiencies in your line quality, the failure or unavailability of Internet access, problems with Internet Service Providers, or any defect or malfunction of your PC, modem, or telephone line. We are not responsible for any services relating to your PC other than those specified in this Agreement.
THE FIRST STATE BANK MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICE, THE FINANCIAL SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
20. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement related to the Service except for Positive Pay First State Bank Bill Pay, and Account Aggregation and Personal Finance Management, for which separate agreements apply and control over the provisions hereof. This Agreement supplements the Software License Agreements, the Bank Services Agreement, and any other agreement or disclosure related to your Accounts, all of which are incorporated by reference. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control, only as to electronic fund transfers conducted by using the Service.
21. WAIVERS. No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.
22. ASSIGNMENT. You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.
23. CONFIDENTIALITY. We may share information about consumers:
For information about how you may limit the sharing of information with our affiliates and third party marketers, please visit our website at www.fsb-wv.com/privacy.htm, or you may call The First State Bank at 304-736-5271 or 1- 800-356-3996, during business hours, or visit the closest branch location.
24. ARBITRATION. For Commercial Online Banking only, you agree that any dispute regarding this Agreement or any dispute arising from the use of The First State Bank Internet Services will be resolved in Barboursville, West Virginia, and in accordance with the then existing rules of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) and Title 9 of the US Code as the exclusive remedy for such dispute and instead of any court or administrative action, which is expressly waived. The parties acknowledge that they have knowingly and voluntarily agreed to this arbitration provision and fully understand that it is comprehensive and covers any and all disputes between the parties including, but not limited to, any claims based on alleged violations of this Agreement, any covenant of good faith and fair dealing, express or implied, any violation of State or Federal law, any alleged violation of public policy, negligence or other cause of action whatsoever.
25. APPLICABLE LAW AND SEVERABILITY. You agree that this Agreement and all related agreements will be interpreted under West Virginia and Federal law exclusively regardless of where you live, work, or access your account. If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law. If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.
26. NO SIGNATURE REQUIRED. You agree that no signature is required to make this Agreement enforceable. Because you are required to read, understand, assent to and inquire about any terms or conditions that are unclear to you prior to applying for any The First State Bank "Online Banking Service," this Agreement will become fully effective and enforceable when you receive and then use your User ID and Password. You further agree to be bound by this Agreement when you access The First State Bank account information via the Internet.
27. ENCRYPTION. For your protection, we use 128-bit encryption for our on-line services. Data is transferred via a “secure session” established with Secure Sockets Layer (SSL) 128-bit encryption technology. This technology protects information as it crosses the Internet by encrypting – or scrambling – your account information so it is virtually impossible for anyone other than you and The First State Bank to read it. If your Internet browser does not support 128-bit encryption, you can download the most current version of your browser of choice. (If you access the Internet from a corporate network, we recommend that you contact your network administrator before downloading a new browser.) If your browser is provided as part of a national Internet Service Provider (“ISP”), you will need to check to see if your version is capable of supporting SSL 128-bit encryption technology. If your browser does support the 128-bit encryption, it will activate SSL automatically whenever you sign onto our on-line services.
28. COPYRIGHT RESERVATIONS. The contents of this Agreement, including but not limited to the text and images and their arrangement are the property of The First State Bank and its copyright and all other rights are reserved. ©2009 The First State Bank
1 Provided through Centrix; certain customer eligibility requirements apply. Separate enrollment and activation and separate agreement are required. (Functionality may not yet be available.)
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