First
National Bank
FNB Online
Online Banking Agreement
You
may agree to the terms and enter FNB Online by clicking
"ACCEPT" at the bottom of this page or "DECLINE" if
you do not accept the terms of this agreement and do not wish to use FNB
Online.
Browser
Security Requirements:
FNB Online uses 128-bit strong encryption to ensure your account
information remains safe and confidential while traveling over the
Internet. You will need a 128-bit strong encryption-web browser to
access FNB Online. To learn your browser's current encryption level,
please do the following:
Microsoft
Internet Explorer users:
In
Internet Explorer, click the "Help" menu and select
"About Internet Explorer." Look at the "Cipher
Strength." If the Cipher Strength is anything lower than 128-bit,
you'll need to upgrade your browser before using FNB Online.Windows2000
users will need to also update their operating system encryption.
Netscape
users: In
Navigator or Communicator, click on the Help menu and select "About
Navigator"(or Communicator). Look for the boldface section on the
left side of the screen. If it says, "This version supports U.S.
security," you have 128-bit security. Ifit says,
"International security," you do not have 128-bit security and
will need to upgrade your browser before using FNB Online.Windows2000
users will need to also update their operating system encryption.
If
you need to upgrade your browser, we recommend the 128-bit strong
encryption version of Microsoft Internet Explorer 5.5. You may download
it by clicking on the icon -below.
The
Service
First
National Bank (FNB)("BANK"), agrees to provide internet
banking services (“FNB Online”) as described from time to time in
information distributed by BANK to its customers. In the agreement,
"Customer" refers to the person(s) subscribing to or using FNB
Online. You may use a
Personal Computer ("PC"), an Internet connection, an access ID
and password to obtain account balances and transaction information. You
may also use your PC to obtain statements on your accounts, transfer
money between your accounts and pay bills directly from your checking
account in the amounts and on the day you request. If available,
transfers from your Money Market account to another account or to third
parties by pre-authorized, automatic, telephone, or through electronic
bill payment are limited to six per statement cycle with no more than
three by check, draft, or similar order to third parties. Transfers from
a savings account to another account or to third parties by
pre-authorized, automatic, telephone, or through electronic bill payment
are limited to three per month with no transfers by check, debit card,
or similar order to third parties.
Bill payment requests must be submitted at least ten (10) days before the date to be paid.
BY
CLICKING ON THE "ACCEPT" BUTTON, YOU THEREBY INDICATE YOUR
CONSENT TO THESE TERMS AND ACKNOWLEDGE YOUR RECEIPT AND UNDERSTANDING OF
THIS DISCLOSURE. PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY
FOR YOUR RECORDS.
Your Access ID and PIN
Each
individual who has access to FNB Online, including each individual named
on joint accounts, must designate an access ID and password. Your access
ID must be a minimum of 4 characters and a maximum of 10 characters.
Your password must be a minimum of 4 characters, up to a maximum
of 10 characters, which must consist of at least two numeric characters.
You should change your password periodically to enhance security.
You can also change your FirstInfo password through the FirstInfo
system if you want your passwords to be the same.
We reserve the right to require periodic password changes and
establish limits on re-use of passwords.
To
guard against unauthorized use of your access ID and password, FNB
Online disables the password on the third incorrect attempt to login.
The disabling of the password keeps an unauthorized agent from
attempting to guess a password. This
will occur if you accidentally activate this security feature by
unintentionally miss-keying a password three times.
You will need to call the bank to reestablish the password for
your account(s). A common
mistake made by users is having the caps-lock on while keying in an
access ID or password. Since
the access ID and password are case sensitive and you cannot actually
see the password characters you are typing, it is easy to think you are
typing the password correctly.
Delivery of Your Transfers
You
may schedule transfers to be initiated on the current business day, on a
future date, or on the same date of each month, subject to the
restrictions in agreements between you and the BANK. Although you can
enter transfer information through FNB Online twenty-four (24) hours a
day, seven (7) days a week, transfers can be initiated only on business
days. Funds will be deducted from your account on the business day on
which a transfer is to be "initiated." This date is referred
to in this Agreement as the "Transaction Date." If you direct
the initiation of a transfer to occur on a day other than a business
day, it will be initiated on the following business day. Transfers must
be scheduled by the normal cut-off time of 5:00 p.m. (CST) on any
business day in order for the transaction to be completed on that
business day.
Recurring
Transfers
Recurring
transfers are those made for the same amount and are made on a weekly,
bi-monthly, monthly basis, etc. Once started, recurring transfers will
be made automatically until you tell us to stop or cancel the transfers
and we have a reasonable opportunity to act on your request.
Stop
Payments
If
you have told us in advance to make regular payments out of your
account, you can stop any of these payments. Here is how:
Call
or write us at the telephone number or address listed in this Agreement
in time for us to receive your request 3 business days or more before
the payment is scheduled to be made. If you call, we may also require
you to put your request in writing and get it to us within 14 days after
your call.
Our
Liability of Failure to Complete Transactions
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 if it is our responsibility. However, there
are some exceptions. We will not be liable, for instance:
Documentation
All
payments, transfers, and or/fees made with FNB Online will appear on
your monthly Account statement. The Payee name, payment amount, and the
date of the transfer will be shown for each transfer made through FNB
Online during that month.
If
you have arranged to have direct deposits made into your account at
least once every 60 days from the same person or company, you can call
our FirstInfo service or use FNB Online to find out whether or not the
deposit has been made.
FirstInfo
number: 405-741-INFO
Equipment
You
are solely responsible for the equipment (including, in the case of FNB
Online, your personal computer and software) you use to access FNB
Online. We are not responsible for errors or delays or your inability to
access FNB Online caused by your equipment. We are not responsible for
the cost of upgrading equipment to stay current with FNB Online nor are
we responsible, under any circumstances, for any damage to your
equipment or the data resident thereon.
Business Days/Hours of Accessibility
Unless otherwise
defined by this Agreement or in an Exhibit, a Business Day is any day
that Bank is operating and open for business. Saturdays, Sundays and
selected Federal holidays will not be considered Business Days. You
should contact Bank to inquire if a given Federal holiday is determined
by Bank to be a Business Day. All transactions, deposits, instructions
and entries received by Bank on a day that is not a Business Day will be
treated as if received on the next Business Day. Contact us for
information regarding Bank's normal business hours or visit our web site
for hours of operation.
You can usually
access your Accounts through FNB Online seven (7) days a week, 24 hours
a day. However, at certain times, some or all of FNB Online may not be
available due to system maintenance or reasons beyond Bank's control.
Bank specifically does not warrant that FNB Online will be available at
all times. During those times when FNB Online is not available, you may
use touch-tone telephone service, any FNB or participating ATM network,
or a Bank branch to conduct your transactions (assuming you have applied
for and been accepted to utilize such telephone and ATM services). A
transfer, other than a wire transfer, initiated through FNB Online
before 5 p.m. Central Standard Time) on a business day will be posted to
your account the same day. Business completed on a weekend or banking
holiday or after 5 pm (Central Time) on a Business Day will be posted on
the next Business Day.
Notice of Your Rights and Liabilities
Security
of your transactions is important to us. Use of FNB Online therefore
requires an access ID and password. If you lose or forget your access ID
or password, please call Customer Service during the normal business
hours listed below.
Customer
Service Number: 405-732-4571
We
may accept as authentic any instructions given to us through the use of
your access ID or password. You agree to keep your access ID and
password secret and to notify us immediately if your access ID or
password is lost or stolen or if you believe someone else has discovered
your access ID or password. You agree that if you give your password to
someone else, you are authorizing them to act on your behalf, and we may
accept any instructions they give us to make transfers or otherwise use
FNB Online. Do not discuss, compare, or share information about your
account number(s), Access ID, or Password, with anyone unless you are
willing to give him or her full use of your money. If you furnish your
password and grant actual authority to make transfers to another person
(a family member or coworker, for example) who then exceeds that
authority, you are liable for the transfers unless we have been notified
that transfers by that person are no longer authorized and we have
sufficient time to act on your instructions. FNB Online enables you to
change your password; we require that you do so regularly. We may be
liable for certain security breaches to the extent required by
applicable law and regulation.
We
do not assume any other liability or otherwise guarantee the security of
information in transit to or from our facilities.
Please note that we reserve the right to but are not obligated to
(1) monitor and/or record all communications and activity related to FNB
Online; and (2) require verification of all requested transfers in the
manner we deem appropriate before making the transfer (which may include
written verification by you). You agree that our records will be final
and conclusive as to all questions concerning whether or not your access
ID or password was used in connection with a particular transaction. If
any unauthorized use of your access ID or password occurs you agree to
(1) cooperate with us and appropriate law enforcement authorities in
identifying and prosecuting the perpetrator; and (2) provide reasonable
assistance requested by us in recovering any unauthorized transfer of
funds. WE CANNOT ACCEPT
NOTIFICATION OF LOST OR STOLEN ACCESS IDs OR PASSWORDS OR UNAUTHORIZED
TRANSFERS VIA E-MAIL.
Tell
us AT ONCE if you believe
your access ID or password has been lost, stolen, or compromised in any
way. 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 tell us within 2 business days, you
can lose no more than $50. If you do NOT
tell us within 2 business days after you learn of the loss or theft of
your access ID or password, and we can prove that we could have stopped
someone from using your access ID or password 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, 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. If a good reason (such as a long trip or
hospital stay) kept you from telling us, we will extend the time periods
for a reasonable period of time. If you believe your access
ID or password has been lost or stolen or that someone has transferred
or may transfer money from your account without your permission, call or
write us at the telephone number or address listed below.
Errors
and Questions
In
Case of Errors or Questions About your Electronic Transfers or Bill
Payments, Call or Write
us at the telephone 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 or bill payment listed on the statement or receipt. We
must hear form you no later than 60 days after we sent the FIRST
statement on which the problem or error appeared.
Tell us your name and account number. Describe the
error, transfer or bill payment you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need more
information. 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 10 business days.
We
will determine whether an error occurred within 10 business days (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 or bill payment
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 (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. Your account is
considered a new account for the first 30 days after the first deposit
is made, unless each of you already has an established account with us
before the account is opened.
You
may ask for copies of the documents that we used in our investigation.
First
National Bank
PO
Box 10600
Midwest
City, OK 73140
Business
Days: Monday through Friday, 9:00 a.m. to 5:00 p.m.
Excluding Federal Holidays
Phone: 405-732-4571
Disclosure
Information to Third Parties of Account
We
will disclose information to third parties about your account or the
transactions you make only as is necessary to perform normal banking
functions such as:
- where
it is necessary for completing transfers, bill payments; or
- in
order to verify the existence and condition of your account for a
third party, such as a credit bureau or merchant; or
- in
order to comply with government agency or court orders; or
- to
our employees, service providers, auditors, collection agents,
affiliated companies, or attorneys in the course of their duties and
to the extent allowed by law; or
- if
you give us written permission.
Authorization
to Obtain Information
You
agree that we may verify credit and employment history by any necessary
means, including preparation of a credit report by a credit-reporting
agency.
Termination
If
you want to terminate your access to FNB Online, please call Customer
Service. After receipt of your call, we will send a written termination
authorization for your signature and return to us. We reserve the right
to terminate FNB Online, in whole or in part, at any time with or
without cause and without prior written notice. In that event, or in the
event that you give us a termination notice, we may (but are not
obligated) to immediately discontinue making previously authorized
transfers, including recurring transfers and other transfers that were
previously authorized but not yet made. We also reserve the right to
temporarily suspend FNB Online in situations deemed appropriate by us,
in our sole and absolute discretion, including when we believe a breach
of the system security has occurred or is being attempted. We may
consider repeated incorrect attempts to enter your access ID or password
as an indication of an attempted security breach. Termination of FNB
Online does not affect your obligations under this Agreement with
respect to occurrences before termination or cooperation after
termination.
Limitation
of Liability
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 FNB Online or the use thereof or
arising in any way out of the installation, operation, or maintenance of
your PC equipment.
Assignment
You
may not transfer or assign your rights or duties under this Agreement.
Governing
Law
The
laws of the United States of America and the state of Oklahoma shall
govern this Agreement and all transactions hereunder, without giving
effect to any conflict of laws rule or principle that might result in
the application of the laws of another jurisdiction. Customer
acknowledges that he/she has reviewed this Customer Agreement,
understands the terms and conditions set forth herein, and agrees to be
bound hereby.
Amendments
We
can change a term or condition of this Agreement by mailing or
delivering to you a written notice at least thirty (30) days before the
effective date of any such change. We do not need to provide you with
any prior notice where an immediate change in the terms or conditions of
this Agreement is necessary to maintain and restore the security of our
system or an account. However, even in these cases, if the change is to
be made permanent, we will provide you with a notice of the change with
the next regularly scheduled periodic statement that we send you, or
within thirty (30) days, unless disclosure would jeopardize the security
of our system or an account. Notices mailed or delivered to you under
this paragraph will be considered effective if mailed to the most recent
address we show for you in either or Checking or Savings Accounts
records, or e-mail address in which you authorized the BANK to send such
notices and/or disclosures.
Indemnification
Customer,
in consideration of being allowed access to FNB Online, agrees to
indemnify and hold the BANK harmless for any losses or damages to the
Customer resulting from the use of FNB Online, to the extent allowed by
applicable law.
Security
Procedures
By accessing FNB Online, you hereby acknowledge
that you will be entering a protected web site owned by the BANK, which
may be used only for authorized purposes. Any unauthorized use may be a
violation of state and or federal law and will be prosecuted to the
fullest extent allowed by law. The BANK may monitor and audit
usage of the System, and all persons are hereby notified that use of FNB
Online constitutes and are subject to prosecution under the Computer
Fraud and Abuse Act of 1986.