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Black River Country Bank INTERNET BANKING AGREEMENT AND DISCLOSURE STATEMENT. By signing an application or submitting an online enrollment form (Application) to subscribe to certain Internet Banking and related services offered by the Black River Country Bank (Bank), a Wisconsin banking corporation, as described in this Agreement and Disclosure Statement (Agreement) and as otherwise made available by the Bank from time to time (Internet Banking), or by your initial access to Internet Banking, and in consideration of our allowing you access to Internet Banking, you agree to the terms and conditions of this Agreement. Each reference in this Agreement to the "Bank", "the Black River Country Bank", "we", "us", or "our" refers to the Black River Country Bank. Each reference to "you" and "your" refers to each customer, depositor, borrower, authorized signer, or authorized user for an account (as defined below) who is now or hereafter enrolled in any one or more Internet Banking services with respect to the account. Each reference to "Internet Banking service", "Software" or "Service Provider" refers to the Internet banking services, applications, software and interface provided by Digital Insight to you and the Bank. Each time you use Internet Banking 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 the Bank'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 financial institution number (FI Number) to you as provided in Section 3. Please read this Agreement carefully and keep it for future reference. BROWSER SECURITY. Internet Banking data is transmitted 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 been encrypted. When this symbol does not appear, a session is not secure. HOST SECURITY. The web server hosting Internet Banking 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 traffic to reach the server. For more information on security go to the Internet Banking login page and click on "For security information, click here". 1. Hardware and Software Requirements. To be able to use Internet Banking, you must provide your own personal computer (PC) with a modem, browser software and related equipment (Hardware). You must provide the type of telephone service and Internet access service required by the Hardware and/or the Software. You must provide the Bank with an electronic mail (Email) address. Once the Hardware has been properly connected to the telephone service, and any required Internet access has been established, you will be able to access Internet Banking through the Service Provider that will act as an interface between you and the Bank. You are and will remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance of the Hardware, the browser software, the telephone service, and the Internet access service (if applicable) to your PC, and for all related costs. You are solely responsible for scanning the Hardware, the Software and any other software for computer viruses and other related problems before you use them. 2. Accounts. You agree to use Internet Banking solely for the services described in this Agreement and solely in connection with each deposit account (collectively, the Deposit Accounts) and each loan account (collectively, the Loan Accounts) held by the Bank and designated by you (collectively, the Accounts), except as otherwise expressly provided in this Agreement or as otherwise expressly permitted by us from time to time. Under this Agreement, there may be multiple accounts. 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 office. Joint account holders can access joint accounts, but both must go through the registration process to enter their separate Customer Numbers and Passwords and to have access to their individual accounts. The first listed Customer Number of a joint account must register or the second person won't be able to see joint accounts, unless they have an account in their name alone. 3. Confidentiality of Password. All Internet Banking transactions or inquiries must be initiated by use of your the Internet Banking Customer Number and Password. You will choose a Password during online registration. Remember your Password and never give it out to anyone. Once we have approved your registration and activated the accounts that you requested be available for Internet Banking we will give you a financial institution key (FI Key) to verify your registration and unlock your accounts. The first time you sign on to Internet Banking, you will be required to enter the FI Key. After the first login with the FI Key you will only need your Customer Number and Password. You may change your Password from time to time as provided in the Software. It is recommended that you do not use birthdays, names, or other codes that may be easy for others to determine as your Password and that you use a combination of upper and lower case letters, numbers and characters. 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. 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 INTERNET BANKING. You agree that any 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 Internet Banking 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 a third party should gain access to your Password, you alone are responsible for changing the Password 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 exit Internet Banking after you finish viewing your accounts and close your browser software. Never leave your computer unattended while accessing Internet Banking or a third party may be able to access your accounts from your computer without ever needing to use your Password. 4. Business Days. Business days for the Bank and for Internet Banking are Monday through Friday, excluding holidays. You may access the accounts through Internet Banking 24 hours a day, seven days a week, except that the Bank may perform regular maintenance on our systems or equipment, which may result in error messages or interrupted service. We may also find it necessary to occasionally change the scope of our services. The Bank cannot guarantee that we will be able to provide notice of such interruptions and changes, although we will attempt to provide such notice. 5. Internet Banking Services. You may use Internet Banking to perform any of the following services: to transfer funds between any Deposit Accounts, such as checking, savings or money market deposit accounts; to receive and download balance and transaction information for accounts; to receive email from and transmit email to the Bank, all as described in this Agreement and the Software. You may sign up for or cancel Internet Banking by contacting the Bank. 6. Transfers to and from Accounts.
7. Account Information. You may use Internet 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 Loan Account). 8. Recency of Information. All account information provided through Internet Banking will be current as of the end of the preceding business day, will not reflect bank transfers or deposits 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. 9. Electronic Mail Service. You may use Internet Banking to send electronic mail ("email") to us and to receive email from us. The email service may not be used to make bank transfers between accounts. Email transmitted by you to us via Internet Banking often will not be delivered to us immediately. You should not rely on email if you need to communicate with 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 IMMEDIATELY at (715) 284-9448 or toll free at (877) 284-3575. We will not be responsible for acting on or responding to any email request made through Internet Banking until we actually receive your email message and have a reasonable opportunity to act and you have provided us with sufficient information to take the action you request. You should check your email regularly; we will attempt to notify you by email in the event of any technical difficulties or other occurrence that my affect your use of Internet Banking. Any such email sent to you by us shall be considered received on the next business day, regardless of whether or not you sign on to the Service or check your email within that time. 10. Additional Services. We may, from time to time, make additional services available through Internet 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. 11. Fees and Charges. In consideration of our making Internet Banking services available to you, you agree to pay, and you authorize us to automatically debit any account during the first week of each calendar month, the following non-refundable charges: Access to the Bank's web site is furnished at no charge to the customer. The initial set-up fee for Internet Banking is waived until further notice, and the Bank has not instituted a charge for viewing your accounts, or completing transfers to and from your individual accounts. If, however, you request Internet access service through the Bank you hereby authorize the Bank to charge your account $14.95 per month. These charges will not be prorated for portions of a month. You will be solely responsible for all tariffs, duties, or taxes imposed by any government or governmental agency and for all telephone charges, Internet access service charges, long distance or toll charges, 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 fee schedule for details. 12. 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 to any account, whether designated or not by you for Internet banking, to obtain payment of any erroneous credit. 13. Account Reconciliation. The Deposit Account statements or other notices provided to you by us will notify you of (a) the execution of bank transfers and the debits to the Deposit Account made with respect to such bank transfers, and (b) amounts debited by the Bank from any account for payment of the services or other charges or adjustments made 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 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 17. 14. 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 account, whether designated or not by you for Internet banking or (b) deducting the payment from the amount of any bank transfer. Such obligations include, without limitation, fees owed to us, adjustments made by us and settlement for bank transfers initiated through Internet Banking. At the time any account is closed (whether by you, by us, or otherwise) or any Internet Banking 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, whether designated or not by you for Internet banking. Debiting an account or deducting payment from the amount of any bank transfer 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. 15. Limits on Bank's Liability. 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 Internet Banking 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 NONINFRINGEMENT, MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE BANK WITH RESPECT TO ANY INTERNET BANKING SERVICE OR THE SOFTWARE, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES. 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. In addition, the Bank shall be excused from any failure or delay in executing a bank transfer, 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. Use by the Bank or its customers of any information obtained via the Internet or Internet access service provider's network is at the customers' own risk, and the Bank cannot guarantee the accuracy or security of any Internet or network content. The Bank has no control over and has no responsibility whatsoever for the content accessible or actions taken on the Internet and expressly disclaims any responsibility for such content or actions. No advice or information given by the Bank, its agents, affiliates or contractors or their respective employees shall create any warranty. The Bank specifically denies any responsibility for the accuracy, security or quality of information obtained through its services. Links to non-Bank 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 website, and the Bank is not responsible for the content of such sites as we have no control over what is displayed there. The Bank does not guarantee the authenticity of documents at such sites, and links to non-Bank 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 site is solely at the user's own risk. 16. 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 Internet 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 Internet Banking 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 transfers) and from which you receive no benefit. The term does not include any Internet Banking electronic fund transfer that is initiated by a person to whom you furnished your Password, unless you have notified us that electronic fund transfers by that person are no longer authorized and we have had reasonable opportunity to act on that notification. 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 check protector 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, please refer to the EFT disclosure in our deposit account rules. 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 us immediately at (715) 284-9448 or toll free (877) 284-3575. 17. 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 accounts, the applicable account disclosures and disclosure statements, the fee schedule, the funds availability policy, the electronic fund transfer (EFT) disclosure statement, the deposit account rules, the agreements governing the loan accounts, and any application or forms submitted to us, 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 where our offices holding the account is located, without regard to such state's rules regarding conflict of laws. 18. 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 (including by email) 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 (including by email) or posting it in our offices for a reasonable period of time 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 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. 19. Termination. You agree that we may cancel or restrict your use of Internet Banking or any Internet Banking service at any time upon such notice (including email) as is reasonable under the circumstances. You may cancel Internet Banking services by written request to the Bank at any time. 20. 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 heirs, successors and assigns of either party. 21. 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. 22. Choice of Forum and Jury Trial Waiver. 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 Jackson County, Wisconsin. 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. You and hereby waive the right to trial by jury of all disputes, controversies and claims by, between or against either you or the bank. 23. Ownership of Materials. The content and information in this Agreement and on our site is the property of the Bank. It should not be duplicated or copied by any means. |
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Rates and terms accurate as of December 15, 2005. Email brcbank@brcbank.com or call (715) 284-9448 for more information. Copyright 1995-2006 by the Black River Country Bank. All rights reserved. |
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