Bank of Evansville - Information Desk - Internet Banking Agreement and Disclosure

Internet Security Risks

Information transmitted over the Internet may be subject to the risk of unauthorized access, alteration, or modification. You agree to exercise discretion and secure your password when accessing the Service.

Access and Hardware Requirement

In order to access your accounts through Bank of Evansville Internet Banking, you must have a checking account. Customer will arrange and be responsible for telephone service necessary to utilize the Service. Customer will be responsible for acquiring, maintaining, and operating all computer equipment, which includes hardware, software, and communications at its premises. Computer requirements are as follows:

		A PC or MacIntosh computer, Windows 95 or better

		Access to the Internet

		An Internet Service Provider selected by you

		An Internet web browser (Netscape Navigator Version 4.00 or greater, or Microsoft Internet Explorer Version 4.0 or greater) with 128-bit encryption (highest level). (You will not be able to bank online with a browser that does not support 128-bit encryption.)

Business Days

For purposes of transactions, the Bank's business days are Monday through Friday, excluding holidays and weekends. All Internet Banking transaction requests received after 4:00 p.m. on business days and all transactions which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank's next business day. The Bank's business day begins at 9:00 a.m.

Deposit Accounts

		Customer agrees to designate one of its accounts with Bank as its "Primary Account" for the Services. Customer authorizes Bank to debit the Primary Account (or any other account maintained by Customer at Bank) for any fees or other amounts due Bank in connection with the Services. (See Bank Truth in Savings Disclosure)

		If customer wishes to use the Bill Payment service, the Primary Account must be a demand or NOW account.

		If the Primary Account is closed for any reason, Customer's Services will be stopped along with any unprocessed Services transfers. To reinstate its Services, Customer must designate a new Primary Account.

		Customer agrees to maintain sufficient available funds (as determined under Bank's funds availability policy) in each account accessible via the Services to cover all transfers or other entries initiated by Customer and affecting the account, or such higher amounts as Bank may specify from time to time. Customer agrees that Customer's funds may be held by Bank for a period of time following termination of the Services to protect Bank against any possible losses relating to the use by Customer of the Services.

Schedule of Fees

Internet Banking gives you immediate access to your accounts free of charge. View balances, see if checks or deposits are posted, transfer money between accounts, reorder checks, and more - all free of a monthly service charge! Once you are enrolled in Internet Banking, you can add Internet Bill Payment which has a monthly fee of $5.95 plus $.35 for each payment over seventeen (17) payments a month (first 3 months Internet Bill Payment is free). For our Charter Checking and Treasury Checking, bill payment does not have a monthly fee. Each payment over seventeen (17) payments is $.35 each (first 3 months Internet Bill Payment is free).

Statements

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account.

Use of Your Security Password

You are responsible for keeping your password and Internet Account information confidential. In order to protect yourself against fraud, you should adhere to the following guidelines:

		Do not give out your account information, password, or user ID;

		Do not leave your PC unattended while you are in the Bank's Internet Banking site;

		Never leave your account information within range of others; and

		Do not send privileged account information (account number, password, etc.) in any public or general e-mail system.

If you believe your password has been lost or stolen, or if you suspect any fraudulent activity on your account, call the Bank immediately at (812) 962-2265 between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday. Telephoning the Bank is the best way of minimizing your losses and liability.

If you believe your password has been lost or stolen, please use the password change feature within the Internet Banking section of the web site to change your password.

Transfers and Limitations

Transfers may be made among your Bank of Evansville Checking accounts, Savings accounts, Money Market, NOW accounts, and Equity Revolving Line of Credit accounts.

		A Funds Transfer Authorization Agreement must be completed and kept on file to designate accounts authorized for transfer. (Refer to your Branch Manager)

		Transfers are limited to accounts with identical ownership.

		Transfers may not be made from accounts that require more than one signature to make withdrawals.

		Limitations. All transfers to and from an account will be subject to the terms and conditions applicable to the account as set forth in the Agreement governing the account, including, but not limited to, transfer limitations. With respect to interest-bearing accounts, Customer may not make more than six transfers or withdrawals per month to another account of Customer or to third parties, when these transfers are made by means of a pre-authorized or automatic transfer or telephonic (including data transmission) agreement, order, or instruction. No more than three (3) of the six (6) transfers may be made by check, draft, debit card, or similar order made by the Customer and payable to third parties. (These transfer / withdrawal limitations do not apply to NOW accounts.) Should Customer exceed the permitted number of transfers on an account, Bank may close the account, impose a fee, and / or change the account type to a demand deposit account.

Transfer requests received Monday through Friday from 9:00 a.m. until 4:00 p.m. will be processed the same Business Day. Transfer requests received after these hours will be processed the following Business Day. Transfer requests transmitted to us by the applicable Cut-off Time will be posted on the same Business Day. Transfer requests transmitted to us after the applicable Cut-off Time will be posted on the following Business Day.

Cancellation or amendment of transfer requests must be made in writing by any person or persons authorized to act on the designated linked accounts.

We reserve the right to limit the frequency and dollar amount of transactions ($10.00 minimum) on your accounts for security reasons.

Bill Payment Services

Description of Service. The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated Internet Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals.
All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.
Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.

You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.

For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, the Bank will work with the payee on your behalf to reverse any late fees or charges.

No Duty to Monitor Payments. The Bank is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. The Bank will not be liable in any way for damages you incur for any of the following reasons:

		insufficient funds in your Bill Payment Account to make the payment on the processing date;

		delays in mail delivery;

		changes to the payee's address or account number unless we've been advised of the change in advance;

		the failure of any payee to correctly account for or credit the payment in a timely manner; or

		any other circumstances beyond the control of the Bank.

If the session during which you schedule a payment or transfer ends by 2:00 p.m., the Bank will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the Internet Banking Service will be considered the official time of the transaction.

If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment. The Bank will attempt to notify you by e-mail or U.S. Postal Mail, but the Bank shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting the Service at 1-800-823-7555 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.

Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service prior to 2:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by the Bank, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. The Bank may pay any item that is presented following the lapse of any stop payment order.
No Signature Required. When any payment or other Internet Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item, and without prior notice to you.
Multiple Person Bill Payment Accounts. If more than one person has access to a Bill Payment account, each person may individually enroll in the Bill Pay service. Each enrolled person needs a unique password but may choose to use the same payee list. Each individual may terminate her/his enrollment in the Bill Payment service without affecting the Service for any other person enrolled in that Bill Payment account. However, any enrolled person may terminate the Bill Payment service which will terminate the service for all enrolled persons on that Bill Payment account.

Linked Accounts

All accounts with the Bank that you enroll in a service will be linked by the tax identification numbers of the persons authorized to access the account. The linked accounts will appear together without regard to the ownership of the accounts. For example, if an authorized user of a linked account accesses the Service, that authorized user will be able to view and access at a single time the following accounts:

		the accounts of the business for which that person is an authorized user;

		the accounts of any other business for which that person is an authorized user; and

		any consumer accounts for which the person is a co-owner or authorized signer.

Business Accounts

If you are a business, any authorized user of your business is authorized on such terms, conditions, and agreements as we may require to:

		enter into this Agreement, as amended from time to time;

		access each account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and

		use any Internet banking service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.

Term and Termination

Term. This Agreement will become effective on the Effective Date and shall remain in full force and effect until termination in accordance with the following provisions.
Termination for Cause. We may immediately terminate your electronic banking privileges (including the Bill Payment Service) without notice to you under the following circumstances:
1. you do not pay any fee required by this Agreement when due or
2. you do not comply with the agreement governing your deposit or loan accounts or your accounts are not maintained in good standing.
  
  We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

Termination for Convenience. To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Internet Banking will also be terminated. Your final charge for the Bill Payment service will be assessed at the end of your statement cycle. You may notify the Bank by one of the following methods:

		By sending an e-mail to lnewman@bankevansville.com

		By calling (812) 962-2265

		By writing a letter and either sending it to the following address: Bank of Evansville, Attn: Operations Department, P. O. Box 5189, Evansville, IN 47716, or giving it to a Customer Service Representative at any of the Bank's locations.

If you are not paying a monthly service charge for the Service, we may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Service during any consecutive 90-day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service.

Electronic Fund Transfer Provisions For Consumers

Applicability. These provisions are only applicable to Internet electronic fund transfers which credit or debit a consumer's checking, savings or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, the Bank may rely on any exceptions to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.
Consumer Liability. Tell us at once if you believe your card and / or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you believe your card and / or code has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your card and / or code without your permission. Also, if you do NOT tell us within two business days after you learn of the loss or theft of your card and / or code, and we can prove we could have stopped someone from using your card and / or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers made with your card and / or code that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
Error Resolution Notice. In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within 10 business days (5 business days if involving a Visa transaction or 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if involving a Visa transaction or 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the 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 10 business days, we may not credit your account. An account is considered a new account for 30 days after the first deposit is made, if you are a new customer.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation. You may notify the Bank by telephone, writing, or by e-mail.
Telephone Numbers and Addresses. In case of errors or questions regarding an Internet Banking or Bill Payment transaction, call (812) 962-2265, or write us at: Bank of Evansville, Attn: Operations Department, P. O. Box 5189, Evansville, IN 47716-5189.

Liability

Our Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Internet Banking or Bill Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Internet Banking and Bill Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence.

We will not be liable to you in the following instances:
1. If through no fault of the Bank, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
7. If you have not properly followed the instructions on how to make a transfer included in this Agreement.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.
Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to an Internet Banking or Bill Payment account.
Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Explorer browser), by an internet access provider, or by an Internet service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access an Internet Banking or Bill Payment account.
Virus Protection. The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

General Terms and Conditions

Bank Agreements. In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Internet Accounts. Your use of the Internet Banking Service or the Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule contained in this Agreement. We will automatically deduct the fees related to this Service from your Bill Payment Account each month.
Changes and Modifications. The Bank may modify the terms and conditions applicable to the Services from time to time. We may send any notice to you via e-mail and you will have to be deemed to have received it three days after it is sent. The revised terms and conditions shall be effective at the earliest date allowed by applicable law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
Assignment. We may assign this Agreement to an affiliate of the Bank or any successor in interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent.
Notices. Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement, may be sent to you electronically.

Disclosure of Information. We will only disclose information to third parties about your account or transfers you make under the following circumstances:

		where it is necessary for the provision of Internet Banking and for completing transfers;
		in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
		in order to comply with government or court orders, or other reporting requirements;
		if you give us your permission;
		to the Bank affiliated companies.

Governing Law. This Agreement is governed by the laws of the State of Indiana and applicable federal law.

Privacy Disclosure