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First Net Internet Banking Agreement

INTRODUCTION:

This Agreement, which includes the related Disclosures and Fee Schedule, establishes the rules which cover your electronic access to your accounts at First National Bank in Fairfield through the  Internet Banking Service (“Internet Banking”).  By using Internet Banking, you accept all the terms and conditions of this Agreement and any amendments that may be made from time to time; and you acknowledge your receipt and understanding of this Agreement.   Please read it carefully, and print a copy and/or retain this Agreement electronically for your records.

The terms, conditions and disclosures for each of your deposit and loan accounts, and any other agreements you may have with us, will continue to govern those accounts unless otherwise amended by this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Iowa (except to the extent this Agreement can and does vary such rules or laws).  If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.  The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.  Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.  You may not assign this Agreement.  This Agreement is binding upon your heirs and our successors and assigns.  Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancelation or expiration of this Agreement shall survive termination, cancelation or expiration of this Agreement.  This Agreement, together with the Disclosures and Fee Schedule, constitutes the entire agreement between you and us with respect to the accounts you access through Internet Banking.

Definitions:  As used in this Agreement, the words “we”, “our”, “us” and “Bank” mean First National Bank in Fairfield.  “You” and “your” refer to the accountholder authorized by BANK to use Internet Banking under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds through Internet Banking.  “Account” or “accounts” means your checking, savings and loan accounts at Bank, not including your Bank VISA® credit card.  “Electronic funds transfers” include ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your Bank accounts using Internet Banking including Bill Payments.  “Internet Banking” or “Internet Banking Service” means the services provided pursuant to this Agreement, including the Bill Payment service.  “Business days” means Monday through Friday, Federal Holidays are not included.  “Business Hours” are 8:00 a.m. to 5:00 p.m. Central Time on business days.

Hours of Access:  You can use Internet Banking seven days a week, twenty-four hours a day, although some or all Internet Banking services may not be available occasionally due to emergency or scheduled Internet Banking maintenance.  We will post notice of any extended periods of non-availability on the Bank’s website.

Security:  You understand the importance of your role in preventing misuse of your accounts through Internet Banking and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it.  You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver’s license number and social security number.  You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account.  Your User ID and password are intended to provide security against unauthorized entry and access to your accounts.  Data transferred via Internet Banking is encrypted in an effort to provide transmission security and Internet Banking utilizes identification technology to verify that the sender and receiver of Internet Banking transmissions can be appropriately identified by each other.  Notwithstanding our efforts to insure that Internet Banking is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others.  We cannot and do not warrant that all data transfers utilizing Internet Banking, or e-mail transmitted to and from us, will not be monitored or read by others.  We also cannot and do not warrant that downloads from this site will not contain a virus or other destructive device.  Therefore, we have no liability to you for any loss, claim or damages arising from or in any way related to our response(s) to any email or other electronic communication that we in good faith believe that you have submitted to us.  We reserve the right to require authentication of emails or other electronic communications to verify the authenticity of the communication.  If we cannot authenticate a communication to our satisfaction we may not act upon that communication.

E-SIGN ACT:

Minimum System Requirements for Consumer Internet Banking:  To use our Internet Banking service, you must have a computer that meets the following minimum requirements:  133 MHz processor, 64 Mg of memory, 56k modem, and 800×600 screen resolution.  (The product may run on less than these minimums, but your response may be slower.) 

You must also have the following software capabilities:  A web browser with 128 bit Encryption, the latest commercially acceptable version of your web browser is recommended, and your browser must be set to accept permanent cookies.  Internet Banking will not permit your browser to auto-complete your User ID or Password.  If you use Microsoft Internet Explorer, no special configuration options are required.  If you use Netscape Navigator, you should verify the following Netscape settings:  (1) On the Netscape Navigator toolbar, select EDIT / PREFERENCES / ADVANCED and ensure that the box labeled ‘Enable JavaScript for Navigator’ is checked.  (2)  On the Netscape Navigator toolbar, select VIEW / SET LANGUAGE REGION and ensure the language option is set to English (US). 

If there is a change in the hardware or software requirements associated with Internet Banking, we will notify you and provide an explanation of those updated requirements.  It is your sole responsibility to insure your personal computer and related equipment and software are compatible with and capable of operating in a manner that permits you to utilize the Internet Banking Service.  If you cannot meet the requirements for any reason, you have the right to withdraw your enrollment from Internet Banking at no cost to you. 

INTERNET BANKING:

Access:  To use Internet Banking, you must have at least one account with us, access to Internet service, and a valid e-mail address.  We undertake no obligation to monitor transactions through our Internet Banking to determine that they are made on behalf of the accountholder.

Online Enrollment:  You must have your account number and your last statement to self-enroll online.  When you have successfully completed the online enrollment, you will receive notification from us, and you will be able to begin using Internet Banking immediately.  If one or more pieces of information you input in the enrollment form do not match our records, your enrollment request will be forwarded to us to verify manually, and we may call you to complete that verification.  Once the verification is complete, you will receive notification from us that you may begin using Internet Banking and instructions on how to begin.

Your User ID and Password:  You determine what your User ID and password will be when you self-enroll for Internet Banking, and the identity of your password is not communicated to us.  You agree that we are authorized to act on instructions received under your User ID and password.  You accept responsibility for the confidentiality and security of your User ID and password, and agree to change your password regularly.  If you forget your password, click on the “Forgotten Password” button and follow the prompts to establish a new password.  You are allowed three (3) unsuccessful attempts to login, and your User ID and password will be locked out upon the third unsuccessful attempt.  If your User ID and password are locked out, you must contact the Bank at 641-472-4121 during normal business hours to have your account unlocked.  We may require additional identifying information from you prior to unlocking your account.

For security purposes, you must create a User ID that is between eight (8) and sixteen (16) characters long, and uses a combination of both upper and lower case alpha and numeric characters.  You must use at least 2 letters and 2 numbers for your User ID.  Special symbols and punctuation marks cannot be used in your User ID.  Your User ID is case sensitive.

For security purposes, you must create a password that is between six (6) and sixteen (16) characters long that is not the same as your User ID.  It should have both upper and lower case alpha and numeric characters.  Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.  Your password is case sensitive.

In-Person “Paper” Enrollment:  You may enroll for internet banking in-person at a Bank office during normal business hours. You must have proper identification and your account information to enroll in-person.  If you choose this method to enroll, and once your identification and account information have been verified, you will choose your User ID and password. All other terms and conditions of this Agreement remain the same whether you choose to self-enroll online or in-person paper enrollment.

Access to Bank Accounts:  Once you are enrolled for internet banking, you will have access to all Bank Accounts for which you are an owner or an authorized signer.  As you open new accounts, those new accounts will also be automatically added to your internet banking access.  If you do not wish to have online access to one or more of your accounts, you must contact the bank during normal business hours and request that the specific account(s) be removed from internet access.

Consent to Electronic Delivery of Notices:  By completing enrollment in Internet Banking, Bill Payment and/or electronic delivery of periodic statements, you agree to be bound by all the terms of this Agreement and you acknowledge your receipt and understanding of this Agreement.  You also consent to receive these Internet Banking disclosures, and any future disclosures, in electronic format by posting on the Bank’s website or by email.  Future disclosures may include but are not limited to:  electronic fund transfers disclosures, changes in hardware / software requirements to use Internet Banking, and changes in fees related to electronic banking.

ELECTRONIC STATEMENTS – DEPOSIT ACCOUNTS:

You may, at your option, choose to receive your deposit account periodic statements in electronic form (“e-Statements”) rather than paper form.  Unless you choose the option for electronic statements, you will continue to receive your periodic statements in paper form. 

In order to have access to your e-Statements online, you must have a Bank checking or savings account, be enrolled in Internet Banking, and have a valid email address.  Use your user ID and password to access your account, and then click on the “Statements” button to sign up for e-Statements, change your options, or see more details. 

BILL PAYMENT:

You may, at your option, choose to enroll for Bill Payment and pay your bills online via Internet Banking.

In order to have access to Bill Payment, you must have a Bank checking account from which the payments will be made, be enrolled in Internet Banking, and be approved by the Bank.  Use your User ID and password to access your account, and then click on the “Make Payments” button, then choose “Bill Pay Enrollment” and follow the prompts to enroll for Bill Payment, change your options, or see more details.

ELECTRONIC FUNDS TRANSFERS ACT:

Internet Banking Services: You can use Internet Banking to:

  1. Check the balance of your accounts with us,
  2. View your Bank account histories,
  3. Transfer funds between your accounts with us,
  4. Make payments to your Bank loan from your Bank account,
  5. Make stop payment requests,
  6. Change your email address,
  7. View your deposit account periodic statements online (if you have enrolled in e-Statements), and
  8. Pay bills from your accounts with us in the amounts and on the dates you request (if you have enrolled in and been approved for the Bill Payment Service).

Generally, balance and activity information are available as of the cut off time of the previous business day. However, certain items such as teller transactions and online transfers may be viewed online the same business day.

Posting of Transfers: Generally, transfers initiated through Internet Banking on a business day are posted to your account the same day. Transfers completed after 8:00 p.m. (Central Time) on a business day, may be posted on the next business day. Transfers initiated on a Saturday, Sunday, or banking holiday will be posted on the next business day. Internet Banking identifies transfers based upon the login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the Reports screens in the Bill Payment menu option of Internet Banking may not reflect payment information of multiple users from the same account if different User IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any bill payments from your accounts in order to avoid overdrafts.

Overdrafts (Order of Payments, Transfers, and other Withdrawals): If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

Please keep in mind that overdrafts can be created by check, in-person withdrawal, ATM withdrawal, electronic Bill Payment, or other electronic means.

Limits on Amounts and Frequency of Internet Banking Transactions: The number of transfers from Bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Stop Payment Requests for Other Pre-Authorized Payments: Right to stop payment and procedure for doing so: 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 us or write us at the telephone number or address in this access 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 you call.
Liability for Failure to Stop Payment of Preauthorized Transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Disclosure of Account Information and Transfers: We will disclose information to third parties about your account or the transfers you make:

  1. Where it is necessary for completing transfers;
  2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. If you give us written permission
  5. Please also see our separate Privacy Disclosure

Periodic Statements: You will not receive a separate Internet Banking statement. Transfers to and from your accounts using Internet Banking will appear on the respective periodic statements for your Bank accounts.

Change in Terms: We may change any term of this Agreement at any time. If the change would result in increased fees for any Internet Banking service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we will give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on the Bank’s website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject Internet Banking Services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

Our Liability for Failure to Make a Transfer: If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:

  1. If, through no fault of ours, you do not have enough money in your account to make a transfer.
  2. If a legal order directs us to prohibit withdrawals from the account.
  3. If your account is closed, or if it has been frozen.
  4. If you have an overdraft line and the transfer would go over the credit limit.
  5. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
  6. If any electronic terminal, telecommunication device, or any part of the Internet Banking electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
  7. If you have not provided us with complete and correct payment information for the Bill Payment Service, including, without limitation, the name, address, your payee-assigned account number, payment date, and payment
    amount for the payee on a bill payment.
  8. If you have not properly followed the on-screen instructions for using Internet Banking.
  9. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
  10. There may be other exceptions stated in our agreement with you.

Your Liability for Unauthorized Transfers: TELL US AT ONCE if you believe your User ID and/or password has been lost or stolen, used without your authorization or otherwise compromised, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you tell us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your User ID and password, you can lose no more than $50 if someone used your User ID and password without your permission.
If you do NOT tell us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your User ID and password, and we can prove we could have stopped someone from using your User ID and password to access your accounts 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, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the paper statement was mailed to you or your e-Statement was made available 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 contacting us, we will extend the time periods.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments: In case of Errors or Questions About Your Electronic Transfers, call, write, or e-mail us as soon as you can at the telephone number, address, or e-mail address listed in this Agreement, 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.
  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 10 business days. We will determine whether an error occurred within 10 business days (5 business days for CheckCard point-of-sale transactions and 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 for CheckCard point-of-sale transactions and 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 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 this account is opened.
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.

MISCELLANEOUS:

Disclaimer of Warranty and Limitation of Liability: We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the Internet Banking services provided to you under this Agreement. We do not and cannot warrant that Internet Banking will operate without errors, or that any or all Internet Banking services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Internet Banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through Internet Banking. Various brand and product names are trademarks or registered trademarks of their respective owners. Features and services availability are subject to change without notice.

Your Right to Terminate: You may cancel your Internet Banking service at any time by contacting the bank during normal business hours; we may also require that you submit your request in writing. Your access to Internet Banking will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

TRUTH IN SAVINGS:

Fees and Charges: You agree to pay the fees and charges for your use of Internet Banking services as set forth in the current fee schedule. You agree that all such fees and charges will be deducted from the Bank checking account designated as the Bill Payment Account when you enrolled in and were approved for Bill Payment. If you close your Bill Payment Account, you must contact us immediately to designate another account as your Bill Payment Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Internet Banking.

INTERNET BANKING FEES:

Internet Banking: Free Access
e-Statements: Free Access
Bill Payment: Free Access. If unused for a period of 3 months or more, privileges may be revoked.
Overdraft Items and/or Return Items: $28.00 per item
Other Account and Service Fees: Are described in your original Account Agreement, as updated from time to time.

We charge for preauthorized withdrawals from any type of account, based on the normal debit charges for that account. Except as indicated elsewhere or as indicated in individual account agreements, we do not charge for electronic fund transfers.
^ Iowa sales tax and local option tax assessed.