The following provisions apply to Foster Bank's Internet Banking and Bill Payment Services "On-Line Banking". In order for Foster Bank's "On-Line Banking" service to be available to you, you must request the service, the accounts to be accessed. We must approve the service in connection with those accounts. This Agreement applies to all persons who are parties to the accounts. Your receipt of this Agreement does not mean that the services are activated for you.
You are responsible for selecting all hardware and software, your Internet Service Provider, and for any defect or malfunction, including interruption of Internet service.
Risks of Using the Internet.
- Services Selected. The Customer understands that various current and future Services are made available through Foster Bank's "On-Line Banking" Account Connection. The terms and conditions for each service are set out in this Agreement. By entering into this Agreement and the Foster Bank On-Line application, the Customer is agreeing to the terms and conditions for each service selected.
- Hardware. The Customer is responsible for selecting any and all necessary hardware including, but not limited to, modems, analog lines, or PC's. The Customer acknowledges that Foster Bank will not provide any hardware or recommendations for hardware. The Customer assumes full responsibility for any defect, malfunction, or interruption in service or security due to hardware failure.
- Software. The Customer acknowledges that Foster Bank On-Line Banking will provide the software (the "Software") necessary for use of Foster Bank On-Line account connection for windows upon application for the product and upon request. Foster Bank agrees to provide the Customer with technical support for installation of said software. Such support will be available through documentation provided by telephone or by e-mail. Foster Bank reserves the right to limit the amount or duration of support at our sole discretion. In no event shall Foster Bank be liable to Customer for any damages whatsoever (including computer failure or malfunction, loss of business information, loss of business profits, etc.) arising out of the use or inability to use the software.
- Internet Access. The Customer is responsible for selecting a means of accessing the Internet, via an Internet Service Provider (ISP) and communications software, or by other means. The
customer acknowledges that Foster Bank will not provide any software or recommendations
for an ISP.
The Customer assumes full responsibility for any defect, malfunction, or interruption in service
or security due to its Internet communications software or ISP.
The Customer understands and acknowledges that the Internet is an unsecured, unstable, unregulated, and unpredictable environment and that its ability to use the Services is dependent upon the commercial or internal online service the Customer has chosen, as well as the Internet and equipment, software, systems, data and services provided by various vendors and third parties (including telecommunications carriers, equipment manufacturers, firewall providers and encryption system providers). The Customer understands that, while Foster Bank and its service providers have established certain security procedures, such as firewalls and data encryption designed to prevent unauthorized access to accounts or transactions of the Customer, there can be no assurance that inquiries or transaction activity will be completely secure, or that access to the Services will be free from delays, malfunctions, or other inconveniences generally associated with this electronic medium. The Customer also understands that there may be times when access to the Services is unavailable for transactions. The Customer understands and agrees that Foster Bank, and its affiliates, are not responsible for any such delays or malfunctions, and are not responsible for acts of third parties.
Passwords and User ID's.
The user of the User ID and Password (the "Customer") is responsible for creating and maintaining subsequent user accounts for the Customer, including assigning and revoking access privileges. The Customer will be required to use the User ID every time it accesses the services. It is the Customer's responsibility to maintain the confidentiality of its User ID and password. The Customer agrees to accept full responsibility over the control of its User ID's and passwords. It is the Customer's responsibility to maintain and delete User ID's and passwords for each individual user and Foster Bank will not be liable for any losses caused by improper or negligent maintenance. The Customer agrees that Foster Bank and its affiliates are not responsible for any actions of a third party as a result of unauthorized use of customer User ID's and passwords. THE CUSTOMER UNDERSTANDS THAT STATE AND FEDERAL STATUTES MAKE IT A CRIME TO GAIN ACCESS INTO FOSTER BANK'S COMPUTER NETWORK AND THAT VIOLATORS WILL BE PROSECUTED.
Depending on the accounts that you requested and that we have approved the use of your On-Line Banking Service in connection with, you may use your On-Line Banking Service to:
- Transfer funds between your checking and savings accounts;
- Receive deposit account information, including the account balance(s), and identification of your recent deposits and withdrawals;
- Instruct us to debit your account for payments directed to third parties.
Foster Bank is confident of our ability to protect all transactions: however, this is not an invitation for people to attempt unauthorized access to the system. This is a private computing system, which is restricted to authorized individuals. Actual or attempted unauthorized use of this computer system will result in criminal and/or civil prosecution. We reserve the right to view, monitor and record activity on the system without notice or written permission. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the system. If you are not an authorized user of this system or do not consent to continued monitoring, exit the system at this time.
Limitations on Transfers. Under federal regulation, you may make no more than six (6) preauthorized, automatic or telephone transfers (e.g., On-Line Banking Service transactions, checks or debit card and/or point-of-sale transactions) per month from each of your savings and money market deposit accounts. Each Bill Payment or fund transfer initiated through the On-Line Banking Service from your savings or money market deposit accounts is counted as one the six transfers you are permitted to make each month.
Charges. There is no charge for basic On-Line Banking Service or Bill Payment. However, if you do not use the service for a period of four(4) months or more the bank may impose a fee of $3.00 per month. The charge for the stop payment option of the Foster Bank On-Line Banking is $15.95 per item.
Our Liability. If we do not complete a transaction to or from your account in accordance with the terms and conditions of the account in the correct amount or in a timely manner when properly instructed to do so by you, we will be liable for damages caused. However, there are some exceptions. We will not be liable, for instance:
- If you have not properly followed the Foster Bank On-Line Banking instructions.
- If your hardware, software, or Internet service is not installed or functioning properly.
- If through no fault of ours, your account does not contain enough money to execute the transaction.
- If the money in your account is subject to legal process or other encumbrances restricting the transaction.
If the transaction would exceed the credit limit on your related line of credit account, if any.
- In the case of a technical malfunction known to you at the time you attempt to execute the transaction.
- If circumstances beyond our control (e.g., fire, loss of power, or flood) prevent the transfer despite reasonable precautions that we have taken.
- If a transaction is not initiated in time for us to complete it as agreed, as otherwise provided in our agreements with you, or by federal regulation.
- If incomplete or inaccurate information is forwarded by the US Treasury or through an automated clearinghouse.
- For any computer failure or acts or delays by any carrier, agent or other third party operating between us and you, or any other cause beyond our control.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES.
Disclosure of Information.
We may disclose information about your account(s) or transactions on your account(s):
- to other recipients of combined account statements;
- to third parties where it is necessary for completing or tracing transactions or resolving errors or claims;
- to verify the existence and condition of your account for third parties, such as credit bureaus, merchants and other financial institutions;
- pursuant to court orders and other legal process;
- to governmental agencies or authorities in response to subpoenas, summons, search warrants or other requests, including requests pursuant to state or federal law for the collection of court-ordered child support obligations, unless prohibited by law from making such a disclosure;
- to others of your consent or where required by law to disclose such information;
- to our affiliates.
You authorize us to obtain credit information on you at any time prior to our agreement to provide a service or during the time you are using a service.
Withdrawals and Transfers.
Each payment instruction, withdrawal or transfer from an account is an order to us to pay from that account, which we may charge against the account even though the charge creates an overdraft. You agree to maintain sufficient funds in your account to pay in full the amount of any withdrawals, transfers or other instructions for payment out of an account. Whenever your account is overdrawn, we have the right to return unpaid any checks or other orders on your account that is presented to us and to assess a service charge disclosed to you annually.
We may terminate your privilege of using the On-Line Banking at any time and may withhold approval of any transaction at any time.
This Agreement may be amended by us at any time, subject to any applicable requirements of law regarding prior notice, effective upon the date indicated in the notice.
On-Line Banking Bill Payment Authorization.
You authorize Foster Bank or its authorized agent to make payments to payees as you authorize by On-Line Banking Service from time to time, and also authorize Foster Bank to post such payments to your account. Bill Payments may not exceed $9,999.99 per item.
You understand that Foster Bank or its authorized agent will use reasonable efforts to ensure payments reach payees on time, but cannot guarantee the time a payment will be received/posted by a payee. Foster Bank or its authorized agent will use reasonable effort in ensuring payees reverse any service fee or late charge that is related to payment process error. Foster Bank or its authorized agent will not be responsible for any loss or penalty that may be incurred due to lack of sufficient funds or other conditions that may prevent the withdrawal of funds from your account.
Prohibited Use of On-Line Banking.
You agree that the following uses of On-Line Banking are strictly prohibited. You agree to indemnify, hold harmless, and defend us from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by these restrictions of use of the On-Line Banking.
- Unauthorized communication of any charge or credit card information belonging to any other person or entity.
- Unauthorized communication of any information concerning any PSC, password or other On-Line access number, code or identification or any other proprietary information belonging to any other person or entity.
- Use of On-Line Banking to copy, distribute or transmit copies of copyrighted materials belonging to any other person or entity is permitted only to the extent that the owner has provided express permission to you permitting such activity. Copying, distributing or transmitting copyrighted materials other than with permission as specified above is expressly prohibited.
- Communicating any obscene or defamatory information including but not limited to on-line bulletin boards or in conjunction with conferences or e-mail.
- Use of On-Line Banking in violation of any telecommunication, postal, or other local laws, regulations of your country of origin or of the United States or in the commission of any crime or other unlawful or improper purpose.
- Transmission of confidential business and sensitive personal information is at Customer's sole risk.
- Foster Bank reserves the right to monitor and review transmissions on-line and in storage, and to remove or reject any material, which we, at our sole discretion, believe, may be unlawful or objectionable, without prior notice to you.