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Cornerstone Bank & Trust Internet Banking Agreement
The first time you access your accounts through Internet Banking,
you agree to be bound by the terms and conditions of this Internet
Banking Agreement ("Agreement") and acknowledge its receipt and
your understanding of its terms.
Introduction
This Agreement explains the terms and conditions for accessing
accounts and conducting transactions at Cornerstone Bank & Trust,
N.A. ("Institution", "we", "us" and "our") via our on-line Internet
Banking site(s) ("Internet Banking"). As used in this Agreement,
the terms "you" and "your" refer to each person signing an Internet
Banking Application.
Benefits of Internet Banking
Through Internet Banking, you can manage eligible accounts from
your home or office on a personal computer. Internet Banking can
be used to conduct any of the following "On-line Financial Services":
Obtain balances and transaction histories on all eligible accounts
enrolled in Internet Banking (All account balances and transaction
histories reflect activity through the close of the previous banking
day); transfer money between eligible accounts (The number of transfers
you can make from accounts is limited as described in the applicable
account agreement. In addition, if a hold is placed on any funds
deposited in an eligible account, you may not transfer the portion
of funds being held until that hold expires.); transfer money to
pay Institution for overdraft protection, consumer loans, home equity
loans, or certain other eligible loans; and pay bills to any merchant,
financial institution or an individual with a U.S. address.
Institution may, from time to time, introduce new On-line Financial
Services. By using those services when they become available, you
agree to be bound by the terms contained in this Agreement, and
its subsequent amendments.
Security & Protecting Your Account
We are strongly committed to protecting the security and confidentiality
of our customer accounts information. We use several techniques
to help secure our Internet Banking service, including the following:
- You can only access Institution with certain browsers that have
a high security standard.
- Your account numbers are never displayed in full - only the
last 4 digits can be viewed.
- You must have a valid Internet Banking ID and personal identification
number ("PIN") to logon.
- If no action is taken for 10 minutes, you will be automatically
logged off the Internet Banking service.
Requirements
To access On-line Financial Services you must have a Netscape 4.0
, Internet Explorer 4.0 or compatible web browser and 128 bit data
encryption. To obtain free copies of this software, just click on
the appropriate button below:
http://www.netscape.com/download/
http://www.Microsoft.com/downloads/
In addition to a compatible software, you must have an Internet
Banking ID, a personal identification number ("PIN") and maintain
one or more of the following eligible accounts at Institution:
- Checking
- Savings
- Certificate of Deposit
- Loan
On-line PIN
Your PIN will give you access to Institution accounts via Internet
Banking. Institution is entitled to act on any instructions it receives
using your PIN. For security purposes, it is recommended that you
memorize your PIN and do not write it down. We also recommend that
you change your PIN regularly to try and avoid misappropriation
by a third party. Your PIN can be changed at our Internet Banking
site. You are responsible for keeping your PIN and account data
confidential. When you give someone your PIN, you are authorizing
that person to use Internet Banking and the On-line Financial Services.
You are responsible for all transactions performed using your PIN,
even if you did not intend or authorize them. In addition, fraudulent
transactions initiated using your PIN will be charged against your
account(s).
Accessibility
You can usually access On-line Financial Services seven (7) days
a week, twenty-four (24) hours a day. However, at certain times,
some or all of Internet Banking or On-line Financial Services may
not be available due to system maintenance or reasons beyond Institution's
control. Institution does not warrant that Internet Banking or On-line
Financial Services will be available at all times. When unavailable,
you may use Cornerstone Connection 800-624-4509, an automated
teller machine ("ATM") or an Institution branch office to conduct
your transactions. An On-line Financial Service transaction initiated
prior to 3:00 PM (Central Time) on a banking day is posted to your
account that day. All transfers completed after 3:00 PM (Central
Time), or on a non-banking day, will be posted the following banking
day.
Restrictions
You may not appropriate any information or material that violates
any copyright, trademark or other proprietary or intellectual property
rights of any person or entity while using the Internet Banking
or On-line Financial Services. You may not gain, or attempt to gain,
access to any Internet Banking and/or On-line Financial Service
server, network or data not specifically permitted to you by Institution
or its suppliers, and you must not include any obscene, libelous,
scandalous or defamatory content in any communications with Institution
or its suppliers.
Bill Payment Service
The Bill Payment service allows you to schedule bill payments through
Internet Banking. Institution does not provide the service directly.
Instead, Institution entered into an agreement with a bill payment
provider to provide the bill payment services directly to you. Subject
to any regulatory or Institution-imposed limitations on usage, you
can arrange, at your option, for the payment of your current, future
and recurring bills from a checking account. There is no limit to
the number of payments that may be authorized, and you may pay any
merchant or individual approved by the bill payment provider; however,
the amount of any individual payment may not exceed $9,999.99. While
payments are initiated by you electronically, they are ultimately
paid via an automated clearinghouse (ACH) network or by a paper
check. Payments delivered over an ACH network are governed by the
rules and performance standards of that network.
By furnishing the names of your payees/merchants and their addresses,
you authorize Institution and its bill payment provider to follow
the payment instructions you provide for those payees/merchants.
When payment instructions are received, funds will be remitted from
the selected account to the appropriate payee on your behalf on
the day that you request ("Payment Date"). However, there is no
obligation to make requested payments unless your account and/or
overdraft protection plan has sufficient funds or credit availability
to pay the bill as of the Payment Date. Funds for bill payments
will be withdrawn from your account on the applicable Payment Date.
A bill payment account ("Bill Payment Account"), separate from any
account you hold at Institution, is established at the Bill Payment
provider. When the Bill Payment provider receives notification of
any return item, such as NSF or Account Closed, a block is placed
on the Bill Payment Account for a minimum of five (5) business days.
This prevents you from initiating any additional payments through
the Bill Payment Account or from having any recurring or future
dated payments made until the original return item has been paid.
The bill payment provider is obligated to pay any late fees incurred
by you because of late payments so long as you allow ten (10) business
days for payments by check and at least four (4) business days for
electronic payments.
Institution and its Bill Payment provider reserve the right, at
their discretion, to implement security features to reduce risk
of loss. These may include requiring pre-authorized drafts, verifying
funds through an ATM network, and separating debits from credits
so that payments are not sent until after good funds are received.
Institution and its Bill Payment provider also reserve the right
to terminate your use of Bill Payment services at any time.
If, for any reason, you should ever wish to cancel Internet Banking,
we strongly suggest that you cancel all future bill payments at
the same time. This will ensure that future payments and transfers
made by you will not be duplicated. We will automatically delete
any outstanding payment orders (all individual payments and all
recurring payments) once we have been notified that your Bill Payment
service has been terminated. We will continue to maintain your accounts
until you notify us otherwise.
Responsibility
Neither Institution nor its suppliers will be liable for any transaction
if: (i) you do not have enough money in your account to complete
the transaction; (ii) a legal order prohibits withdrawals from your
account; (iii) your account is closed or has been frozen; (iv) the
transaction would cause your balance to go over the credit limit
for any credit arrangement set up to cover overdrafts; (v) you,
or anyone you allow, commits fraud or violates any law or regulation
in connection with Internet Banking or On-line Financial Services;
(vi) any electronic terminal, telecommunication device or part of
the electronic fund transfer system is not working properly; (vii)
you did not provide us with complete and correct payment or transfer
information; (viii) you did not properly follow the instructions
for use of Internet Banking or On-line Financial Services; (ix)
you knew that Internet Banking and/or the On-line Financial Services
were not operating properly at the time you initiated the transaction
or payment; (xi) there is postal delay; or (xi) circumstances beyond
our control (such as fire, flood or improper transmission or handling
by a third party) that prevent, hinder or delay the transaction.
Fees and Charges
You must promptly pay the following fees and charges for use of
the On-line Financial Services described in this Agreement:
Personal Bill Payment: Free; (FOR A LIMITED TIME SIGN UP FOR
ONLINE BILL PAYMENT IS FREE UNTIL FURTHER NOTICE)
The monthly Bill Payment fee covers service for the prior month
and is effective upon your enrollment in the Bill Payment service.
The monthly Bill Payment fee will be charged to your payment account
at Institution regardless of whether or not any bill payments are
made during the applicable month. Unless otherwise specifically
indicated, all fees shall be deducted automatically on a monthly
basis from a payment account you designate at Institution. In the
event your payment account has insufficient funds to cover any fees,
Institution may deduct the fees from any other account you have
at Institution in any order it chooses. If you close the designated
payment account, you must notify Institution and identify a new
payment account for the selected On-line Financial Services. Additionally,
if you close all Institution accounts, you must notify Institution
and cease all use of the On-line Financial Services. If fees cannot
be collected from any of your accounts, Institution may cancel all
or some of your On-line Financial Services. After cancellation,
Institution may reinstate some or all of the On-line Financial Services,
at its discretion, if you deposit sufficient funds in your account(s)
to cover any accrued fees and pending transfers or debits. You are
solely responsible for any telephone or Internet service provider
charges incurred when using the On-line Financial Services.
Unauthorized Transactions
You should notify us immediately if you believe anyone has improperly
obtained your PIN or if you suspect any fraudulent activity in your
account(s). If your PIN has been compromised and you tell us within
two (2) business days of discovering the loss or misappropriation,
you can lose no more than $50. If you do not tell us within the
two (2) business day period, you could lose as much as $500 if we
could have stopped the use of your accounts had we received notice
in a timely manner. You should contact us, or the bill payment provider,
as applicable, as soon as you identify any errors or discrepancies
in your statement or transaction record, or if you need any information
about a transaction listed on the statement or transaction record.
We must hear from you no later than sixty (60) days after we have
sent the first statement on which the problem or error appeared.
(If you notify us verbally, we may require that you send us your
complaint or question in writing or electronically within ten (10)
business days.) If you fail to notify us within the sixty (60) day
period, you may not recover any of the money you lost if we can
establish that the loss could have been avoided had you notified
us on time. We may extend these time periods for good reasons such
as out-of-town travel or extended hospital stays.
When you report a problem or discrepancy, please: (i) tell us
your name and account number; (ii) describe the error or the transaction
you are unsure about, and explain why you believe it is in error
or what additional information you need; (iii) tell us the dollar
amount of any suspected error; and (iv) for a bill payment, tell
us the number of the account used to pay the bill, the applicable
payee name and account number, the date the payment was sent, the
payment amount and the payment reference number. Generally speaking,
we will tell you the results of our investigation within ten (10)
business days, or twenty (20) business days in the case of point
of sale or international transactions, after we hear from you. However,
we may take up to forty-five (45) days, or ninety (90) days in the
case of point of sale or international transactions, to investigate
your complaint or question. In this case, we may provisionally credit
your account so that you have use of the money during the time it
takes us to complete our investigation. If you fail to provide your
complaint or question in writing within ten (10) business days of
a request from us to do so, we reserve the right to not credit your
account. If we confirm an error, we will correct your account record
within ten (10) business days, or twenty (20) business days in the
case of point of sale or international transaction. If we determine
that there was no error, we will send you a written explanation
within three (3) business days after we conclude our investigation
and will debit any interim amounts credited to your account. You
may request copies of any documents that we use in our investigation.
Electronic Mail (E-mail)
Sending E-mail is a very good way to communicate with Institution
regarding your accounts or the On-line Financial Services. However,
your e-mail is actually sent via your own software and, as a result,
is not secure. Because of this, you should not include confidential
information, such as account numbers and balances, in any e-mail
to Institution. You cannot use e-mail to initiate On-line Financial
Service transactions. All such transactions must be initiated using
the appropriate functions within the Internet Banking site. Institution
will not be liable for any errors, omissions, claims, or problems
of any kind involving your e-mail.
Disclosure of Information
Information submitted to Institution or its suppliers is the property
of those parties, and they are free to use and disclose that information,
or any ideas, concepts, know-how or techniques contained in that
information to any third party for any purpose whatsoever, except
as specifically agreed by Institution or prohibited by law.
Links to other Sites
Information that Institution publishes on the World Wide Web may
contain links to other sites and third parties may establish links
to Institution's site. Institution makes no representations about
any other web site that you may access to, from or through this
site. Unless expressly stated in writing, Institution does not endorse
the products or services offered by any company or person linked
to this site nor is Institution responsible for any software or
the content of any information published on the site of any third
party. You should take precautions when downloading files from sites
to protect your computer software and data from viruses and other
destructive programs.
Virus Protection
Institution is not responsible for any electronic virus that you
may encounter using the On-line Fund Services. We encourage you
to routinely scan your computer and diskettes using reliable virus
protection product to detect and remove viruses. If undetected and
unrepaired, a virus can corrupt and destroy your programs, files
and hardware.
Damages and Warranties
In addition to the terms previously disclosed, Institution is not
responsible for any losses, errors, injuries, expenses, claims,
attorney's fees, interest or other damages, whether direct, indirect,
special, punitive, incidental or consequential, (collectively, "Losses")
caused by Internet Banking or the use of the On-line Financial Services
or in any way arising out of the installation, use or maintenance
of your personal computer hardware or software, including any software
provided by Institution or one of its suppliers. In addition, Institution
disclaims any responsibility for any electronic virus(es) Customer
may encounter after installation of such software or use of Internet
Banking or the On-line Financial Services. Without limiting the
foregoing, neither Institution nor its suppliers shall be liable
for any: (i) failure to perform or any Losses arising out of an
event or condition beyond their reasonable control, including but
not limited to communications breakdown or interruption, acts of
God or labor disputes; or (ii) the loss, confidentiality or security
of any data while in transit via the Internet, communication lines,
postal system or ACH network. Institution and its suppliers provide
Internet Banking and the On-line Financial Services from their own
sites and they make no representation or warranty that any information,
material or functions included in Internet Banking or the On-line
Financial Services are appropriate for use by you in your jurisdiction.
If you choose to use Internet Banking and/or the On-line Financial
Services, you do so on your own initiative and are solely responsible
for compliance with applicable local laws and regulations. Neither
Institution nor its suppliers warrant the adequacy, accuracy or
completeness of any information provided as a part of Internet Banking,
the On-line Financial Services, or contained in any third party
sites linked to or from Institution's web site. INSTITUTION MAKES
NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY
OR PERFORMANCE OF INTERNET BANKING, ON-LINE FINANCIAL SERVICES,
OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE
OPERATION.
Indemnification
Customer shall indemnify, defend and hold harmless Institution
and its officers, employees, directors, suppliers and agents, in
their individual capacities or otherwise, from and against any Losses
arising out of: (i) Customer's negligence; (ii) Customer's failure
to comply with applicable law; or (iii) Customer's failure to comply
with the terms of this Agreement.
Additional Remedies
Due to the likelihood of irreparable injury, Institution shall
be entitled to an injunction prohibiting any breach of this Agreement
by Customer.
Termination and Changes in Terms
Institution reserves the right to terminate this Agreement or to
change the charges, fees or other terms described in this Agreement
at any time. When changes are made, we will notify you by: 1) physical
mail at the address shown in our records; and/or 2) update of our
web site.
Applicable Rules, Laws, and Regulations
You submit to the jurisdiction of, and this Agreement shall be
governed by the laws of, the State of Illinois, U.S.A., as well
as the federal laws of the U.S.A. Venue for any action arising out
of this Agreement shall be in a state court of competent jurisdiction
covering Pinellas County, Florida, U.S.A. The prevailing party in
any such action shall be entitled to the recovery of its reasonable
attorney's fees, costs, and expenses.
Assignment
Institution may assign its rights and/or delegate all or a portion
of its duties under this Agreement to a third party.
Integration
This Agreement constitutes the entire understanding of the parties
with respect to the subject matter of this Agreement, and all prior
agreements, understandings and representations concerning such subject
matter are canceled in their entirety. Notwithstanding the foregoing,
this Agreement is in addition to any other agreements between you
and Institution.
Severability
If there is a conflict between the terms and conditions of this
Agreement and one or more terms contained in another agreement between
you and the Institution, this Agreement will control.
Waiver
Institution shall not, by the mere lapse of time, without giving
notice or taking other action, be deemed to have waived any of its
rights under this Agreement. No waiver by Institution of a breach
of this Agreement shall constitute a waiver of any prior or subsequent
breach of this Agreement.
Force Majeure
Neither party shall be liable for any loss nor damage due to causes
beyond its control, including fire, lightning, pest damage, power
surges or failures, strikes or labor disputes, water, acts of God,
the elements, war, civil disturbances, acts of civil or military
authorities or the public enemy, inability to secure raw materials,
transportation facilities, fuel or energy shortages, acts or omissions
of communications carriers, or other causes beyond that party's
control. Either party may terminate this Agreement immediately on
written notice if the other party is prevented from performing its
obligations under this Agreement for a period of more than thirty
(30) days due to the reasons set forth in this subsection.
The Bank has the right to modify or terminate this Agreement or
the Deposit Account and Conditions at any time. When making Changes,
the Bank will comply with all legal notice requirements. Once this
Agreement is terminated, the Bank will not allow any additional
transactions on the account, nor will additional Internet Banking
Service be permitted. If this Agreement is modified, your continued
use of the Account will represent your acceptance of the changes.
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