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Internet Banking Agreement and Disclosure
Thank you for your interest in Rushford State Bank’s Internet Banking Service. Our primary goal is to provide quality products and services to accommodate our customers. If you use the Internet Banking Service, or permit another to use the Internet Banking Service on your behalf, you agree to all of the terms and conditions stated in the Agreement.
The Internet Banking Service will enable you or an authorized person to communicate with the Bank on your behalf through the Internet and:
* Obtain account information, balances and transaction detail
* Transfer funds between your Bank accounts
* Send electronic mail (“E-Mail”) to the Bank and receive E-Mail from the Bank
* Obtain Bank Statements and images of your checks
* Rushford State Bank will not process any Federal, State or local tax agencies, court initiated or foreign transactions.
Prior to processing any wire transfers or ACH items, you should read the Bank’s Electronic Funds Transfer Policy made available to you in paper at account opening. The Bank has the right to modify or terminate this agreement at any time. The Bank complies with any notice requirements under applicable law for such changes or termination.
Equipment and Internet Connection
The installation, maintenance, operation and use of the computer, related equipment (for example, modem, telephone, and other telecommunications equipment) and software (including any browser software provided to you) you use for the Internet Banking Service are your responsibility. The bank shall not be and is not responsible for the cost of upgrading your equipment to stay current with Internet Banking nor is the bank responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
There may be times that the Internet Banking Service may not be available due to system maintenance or circumstances beyond our control. During these times, you may use our telephone banking service, and automated teller machine (ATM) or one of our offices to obtain information about your accounts.
Access to your Accounts with Internet Banking
To subscribe to the Internet Banking Service, you must have at least one account with the Bank. Security is very important to the Internet Banking system. A User ID and Password will be required for use with Internet Banking Service. The Bank will also assign to you an initial password, but you will be required to choose a new permanent password for use with the Internet Banking Service. Prior to activation, the Internet Banking department will verify your identity and authorization to information associated with your accounts that will be accessible through Internet Banking. You must not allow anyone else to have your User ID and password unless you authorize him or her to use your User ID and password. You agree to keep your password secret and to notify the Bank immediately if your password is lost or stolen or if you believe someone else has discovered your password. You agree that if you give your password to someone else, you are authorizing them to act on your behalf and the bank may accept any instructions they give the Bank to make electronic transfers or otherwise use Internet Banking. You agree to NOTIFY THE BANK IMMEDIATELY by CALLING 888-864-7770, if you believe or suspect that your password has been lost or stolen.
Any checking, savings, money market account, certificate of deposit, IRA, or loan that you have with the bank is accessible to view through Internet Banking. You may request to access any account for which you are a signer or owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the required withdrawal authority over the account to be able to complete the transaction. By using the service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the system. If the accounts added to the service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by the use of your password are authorized unless we have been notified to cancel the service.
Balance Inquiries and Transfer Limitations
You may use Internet Banking to check the balance of your accounts and to transfer funds among your accounts. According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers from your money market account or savings account during a given month. There are no limits to the number of transfers from your checking account.
Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. The cut off time for transfers is 3:00 p.m. (Central time). The balances are updated periodically and the system will display the most current “as of” date on the “accounts” summary page. There may be situations that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction upon which to base our approval.
Fees for the Internet Banking Service
The Internet Banking Service is available to our existing personal account customers at no monthly charge for all account information services and transfers, with the exception of the Cash Management feature for commercial customers.
Special Information about Stop Payment, Check Reorders, Address Changes
Rushford State Bank cannot accept stop payment requests, check orders, address changes or information regarding an error on your account via e-mail. Please telephone the bank at (888) 864-7770 or send written instructions to the bank at Rushford State Bank, 219 South Mill Street, PO Box 648, Rushford, MN 55971
Electronic Mail (E-Mail)
There is a way that you can send us secure messages. When you login to Internet Banking with your User ID and password and then click on “You Have Mail”, the messages that you send to the bank are encrypted and secure. For this reason, they can safely contain account and other confidential information.
If you want to terminate your access to Rushford State Bank’s Internet banking call the bank at (888) 864-7770. After receipt of your call, the Bank will send a written termination authorization for your signature that is to be returned to the Bank.
Rushford State Bank reserves the right to terminate Internet Banking service, 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 the bank a termination notice, the bank may (but is not obligated to) immediately discontinue making previously authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. The bank also reserves the right to temporarily suspend Internet Banking situations deemed appropriate by the Bank, in its sole and absolute discretion, including when the Bank suspects or believes a breach of system security has occurred or is being or may be attempted. The Bank may consider repeated incorrect attempts to enter your password as an indication of an attempted security breach. Termination of the service does not affect your obligations under this agreement with respect to occurrences before termination.
Notice of Your Rights and Liabilities
The bank may be liable for certain security breaches to the extent required by applicable law and regulation. The bank does not assume any other liability or otherwise guarantee the security of information in transit to or from the Bank’s facilities or to or from its computer service provider. Please note that the Bank reserves the right:
* To monitor and/or record all communications and activity related to Internet Banking; and
* To require verification of all requested transfers in the manner the Bank deems appropriate before making the transfer (which may include written verification by the customer).
You agree that the Bank’s and its service provider’s records will be final and conclusive as to all questions concerning whether or not your password was used in connection with a particular transaction. If any unauthorized use of your password occurs you agree to:
1. Cooperate with the Bank, it’s service providers and law enforcement authorities in identifying and prosecuting the perpetrator; and
2. Will provide reasonable assistance requested by the Bank in recovering any unauthorized transfer of funds.
You agree to NOTIFY THE BANK IMMEDIATELY if you believe or suspect that your password has been compromised, lost, stolen or used without your authorization. Failure to notify us immediately could result in the loss of all money accessible by the password (including your maximum line of credit). Telephoning us at (888) 864-7770 is the best way of limiting your possible loss.
If you do not report unauthorized transactions that appear on any or your periodic statements within sixty (60) days after such statements are mailed to you, you could lose all the money in your account (plus your maximum overdraft line of credit), if the Bank can show that it could have prevented the unauthorized use had it been notified within the sixty-day period. If a good reason (such as a long trip, or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time.
RUSHFORD STATE BANK CANNOT ACCEPT NOTIFICATION OF COMPROMISED, LOST OR STOLEN PASSWORD OR UNATHORIZED TRANSFERS VIA E-MAIL.
Errors and Questions
In cases of errors or questions concerning transactions completed with Internet Banking, telephone Rushford State Bank at (888) 864-7770, 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 your statement.
We must hear from you within 60 days after you receive the first statement or notification in which the error or problem appeared. You will need to:
1. Tell us your name and account number.
2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error.
3. Tell the bank the dollar amount of the suspected error.
If you tell us verbally, we may require you to send the bank your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days, (twenty (20) business days if the transfer involves a new account) after the bank hears 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). If we decide to do this, we will credit your account within ten (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 ten (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. If you have inquiries regarding your account, please contact us at:
Rushford State Bank
219 S. Mill Street
P.O. Box 648
Rushford MN 55971
Disclosure of Account Information to Third Parties
Account information is information you provide to the bank in connection with your accounts and the Internet Banking service. The privacy of our customer and the confidentiality of the personal information provided to the bank by our customer are important. The bank’s Privacy Statement is available on line at www.rushfordstatebank.com. A copy of the Privacy Statement is also available by request at Rushford State Bank 219 S. Mill Street, P.O. Box 648, Rushford MN 55971.
We may disclose information to third parties about your account or the transfers you make:
1. Where it is necessary to complete a transaction.
2. To verify the existence and condition of your account to a third party such as a credit bureau or merchant.
3. To comply with a governmental agency or court order.
4. If permission is given to us by you, which we may require to be in writing.
5. If it involves a claim by or against us concerning a deposit or withdrawal from your account.
6. Where otherwise required or permitted under state or federal laws and/or regulations.
Rushford State Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any viruses. Undetected or unprepared viruses may corrupt and destroy your programs, files and even your hardware.
This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
You may not assign this agreement to any other party. We may assign or delegate, in part or whole, to any third party.
Ownership of Material
Software and service for Internet Banking is provided by Precision Computer Systems. Unauthorized reproduction in whole or part is prohibited.
The Bank may amend terms and conditions of this agreement in whole or in part at any time with a 30 day written notification prior to the change taking effect. If you do not agree with the change(s), you must notify us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased liability to you.
This agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this agreement and any others, or any statements made by employees or agents, this agreement shall supersede.
Children’s Online Privacy Protection Act
The Federal Trade Commission adopted a regulation (16 CFR 312) to implement the Children’s Online Privacy Protection Act (COPPA), which became effective April 21, 2000. The federal banking agencies have the authority to enforce banks’ compliance with that regulation. The bank’s general policy will be not to post items or link from the bank’s web site to sites targeted to children under age 13. However, if management chooses to do so, the board directs them to implement procedures to comply with COPPA.
The COPPA regulation imposes five basic obligations on banks, as follows:
* Provide to parents and on the bank’s website or online service a clear, complete, and understandable written notice of the bank’s information collection practices with regard to children.
* Use reasonable efforts to obtain verifiable parental consent before collecting, using or disclosing personal information from a child.
* Provide parents, upon request, with a way to review and have deleted personal information collected from the child and to prevent further use or maintenance of the information.
* Limit the collection of personal information for a child’s online participation in a game, prize offer, or other activity to information that is reasonably necessary for that activity.
* Maintain reasonable procedures to protect the confidentiality, security, and integrity of the personal information collected from children.