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Disclosures

First National Bank of Muscatine

CONSUMER Internet Banking Access Agreement and Disclosures

Effective:  April 14, 2014

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 of Muscatine through the Internet Banking Service ("Internet Banking").  By using Internet Banking, including Bill Payment or e-Statements, 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, cancellation or expiration of this Agreement shall survive termination, cancellation 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 Internet Banking.

Definitions:  As used in this Agreement, the words "we", "our", "us" and "Bank" mean First National Bank of Muscatine.  "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, certificates of deposit 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, Mobile Banking and Text Banking. "Internet Banking" or "Internet Banking Service" means the services provided pursuant to this Agreement, including the Bill Payment and e-Statement services, Mobile Banking and Text Banking. "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, social security number, and Internet Banking login information.  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, including any Bill Payment and e-Statement services in which you have enrolled.  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 ensure 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 telephone calls, 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. 

If you name an Authorized Caller, this person will have the authority to call the bank and reset your password, and will also have full access to your Internet Banking Account(s) which may include funds transfers.  This authority will also be in effect for all new accounts added to the Internet Banking System.  To add or remove an Authorized Caller, you must contact the bank's Operational Services Department at 563-262-4220 during normal business hours.

CONSUMER SERVICE CHARGE CHANGES:
Effective June 1, 2013, First National Bank of Muscatine has updated the list of Consumer Service Charges. Click here to view a PDF of the fee changes.

If you have any questions regarding our new service charge program on checking or savings accounts, please call 563-263-4221, or call your personal banker.

E-SIGN ACT:

Minimum System Requirements for Consumer Internet Banking:  To use our Internet Banking service, including any Bill Payment or e-Statement services, you must have a computer that meets the following minimum requirements:  133 MHz processor, 64 Mg of memory, 56k modem, and 800x600 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).  You must also have Adobe Acrobat Reader to access and view your e-Statements and other documentation such as updated disclosures or marketing materials.  If you do not have Acrobat Reader on your computer, you will be directed to the Adobe download site to download this free software.

If there is a change in the hardware or software requirements associated with Internet Banking, Bill Payment or e-Statements, we will notify you and provide an explanation of those updated requirements.  It is your sole responsibility to ensure 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, a valid e-mail address and valid phone number.  We undertake no obligation to monitor transactions through our Internet Banking to determine that they are made on behalf of the accountholder.

You may register a mobile device through a browser or downloadable app for Mobile Banking.  You may register your mobile device for Text Banking through the Manage Mobile Banking Settings link found on your Internet Banking Accounts Overview page.


Text Message (SMS) Terms of Use
  1. Your wireless carrier's standard messaging rates apply to SMS correspondence. First National Bank of Muscatine does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your Wireless Carrier.
  2. You represent that you are the owner, or authorized user of the wireless device you use to receive the service, and that you are authorized to approve the applicable charges.
  3. We will send you a message only once, and only with your explicit agreement as indicated by your continuation of the process flow.
  4. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
  5. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier's name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We will only use the information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
  6. The service as well as the content and materials received through the service are proprietary to us and our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with, or disrupt the service or its functionality.
  7. The service is available only in the United States.
  8. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event your wireless service terminates or lapses. We may discontinue the service at any time.
  9. If you have any questions, e-mail: firstnet@fnbmusc.com. You can also text the word: HELP to 32858 to get additional information about the service. If you receive a message from us unexpectedly, you can text the word STOP to 32858. We do not charge for help or info messages; however, your normal carrier rates apply.


Online Enrollment:
 
If you are an established customer, you may self-enroll by entering your account number and your last statement balance, if known.  If you are a new customer and have not received your initial statement, you will need your account number and your predetermined User ID to self-enroll online.  For a new customer this enrollment can be completed the evening of the business day after the account is opened.  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 563-262-4220 during normal business hours to have your password reset.  You may also contact our Oakview Branch at 563-262-4218 or Westside Branch at 563-263-2800 during that location's normal business hours to request a password reset.  We may require additional identifying information from you prior to resetting your password.

For security purposes, you must create a User ID that is between eight (8) and sixteen (16) characters long, and uses at least 2 letters and 2 numbers.  Special symbols and punctuation marks cannot be used in your User ID, and it 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.

Security: Our Internet Banking uses additional security through Device Profiling and step-up authentication using Out-of-Band Authentication and Out-of Wallet Questions. During login, extensive details about your device and network are gathered and evaluated for consistency with your typical behavior and any indication that fraud may be involved in the login. The result of this evaluation can be used to determine the next step in the login process. Device encompasses computers, tablets, and smartphones you are using to access Consumer Internet Banking from a browser or Mobile Banking from a downloadable app.

Based on the results of the Device Profiling, the system may require additional step-up authentication. Two options are offered for your convenience:

  • Out-of-Band Authentication allows you to authenticate through the use of a one-time security code. This authentication occurs outside the online channel through either an automated phone call or SMS text message.

  • Out-of-Wallet Questions allow you to authenticate using a four question, multiple choice quiz that is created from over 50 sources of public record information. You must answer 3 of the 4 questions correctly to continue with login.

In-Person "Paper" Enrollment:  You may enroll for internet banking in-person at a Bank office during normal business hours.  Or, if you wish to enroll in online banking prior to the first statement being issued ("cut") for your account, you must enroll 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 be asked to choose your User ID.  A temporary password will be generated and mailed to you via postal mail.  When you receive the temporary password, you will be able to log in to the system, and you will be asked to change the temporary password the first time to log on to the system.  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.  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 ("e-Statements"), you agree to be bound by all the terms of this Agreement as it applies to each of the internet banking services in which you have enrolled, 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 via Internet Banking.  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.  If you choose to receive electronic statements, you will also receive other disclosures sent with paper periodic statements in electronic form.  These may include, but are not limited to:  fee changes for various products and services we offer, changes in interest rates, changes in the terms of your account(s) with us, and/or other changes in your Account Agreements.

Access and Enrollment:  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 and follow the prompts to sign up for e-Statements or change your options. 

E-Mail Address - Notification of Statement Availability:  You must have a valid email address to enroll in our e-Statement delivery service.  We will send you an email notification at the last email address we have of record when your online statement is available.  Your e-Statements will remain accessible within Internet Banking for thirteen (13) months, beginning with the first statement after you enroll for e-Statements.  You agree to accept responsibility for notifying us if your email address changes.  If we send you an email notification and it is returned to us as undeliverable, you will still be able to access your e-Statement from within Internet Banking and should do so until your email address is updated or until we resume sending you paper statements.  It will be your responsibility to notify us that you are unable to access your e-Statement.  If your email notification is returned to us as undeliverable, and we have not received notice of change of email address from you, your enrollment in the e-Statement delivery service may be discontinued; and, if so, we will send that statement and all future statements to you in paper form at the physical address we have for you on our system.  If you choose after that to again receive electronic statements, you will need to re-enroll for electronic statements and have an updated valid email address.

Request for Paper Copies:  Once you have chosen to receive e-Statements, we will no longer send paper statements to you; however, you do have a right to receive your statements in paper form.  If you ever have any question about a transaction on your statement, or you otherwise need a paper copy, you may request copies of any statement by calling us at 563-263-4221 or coming in to our Main Bank or any of our Branches during business hours.  You may receive one statement hardcopy per calendar year for no charge; additional copies and research will be charged as stated in your original Account Agreement, as amended from time to time.

Withdrawal from e-Statements:  Once you have chosen to receive electronic statements, you may withdraw the option at any time at no cost to you, simply by accessing your account online, clicking on the "Statements" button, then "Account Preferences" and de-select electronic statements.  Or, you may write to us at First National Bank of Muscatine, Attention:  Operational Services, 300 East Second Street, Muscatine  IA  52761 and request that we send future statements to the physical address we have on our system in paper form. 

If your e-Statement cancellation request is received within five (5) business days prior to the end of the statement cycle, your current statement will be sent to you in paper form.  If your request is not received within the above timeframe, your current statement may be sent to you electronically, and subsequent statements will be sent to you in paper form.

Please note that, while we will begin processing this request as soon as it is received, depending on your statement schedule, it may take one or two statements to have your request completed. 

Once you have enrolled in the e-Statement service, if you later choose to withdraw from e-Statements (or if we have begun sending paper statements to you as a result of an incorrect or invalid email address as noted in the "E-Mail Address - Notification of Statement Availability" section above) you will lose all access to the e-Statement service, including your online statement history. 

E-Statements Required for Certain Types of Accounts:  Certain types of accounts we offer require that you receive e-Statements to be eligible to hold that account.  If you do not consent to or enroll in e-Statements, or your email address is or becomes invalid as discussed above, or you terminate your enrollment in e-Statements, you may no longer qualify for that account.  Refer to your Account Agreement and Disclosure or contact your account officer during business hours with any questions. 

BILL PAYMENT:

You may, at your option, choose to enroll for Bill Payment at the time of enrollment or anytime thereafter and pay your bills online via Internet Banking.

ACCESS AND ENROLLMENT:  In order to use our Bill Payment service, you must be enrolled in Internet Banking and request to be enrolled in Bill Pay. You will need to select a Bank checking account as the initial "Funding Account" from which your payments will be made. This will also be your "Billing Account" from which monthly Bill Payment fees, if applicable, will be debited.

 Use your User ID and password to access your account online, click on the Make Payments tab, select Enroll Now on the following page.  Select the account to be designated as your initial "Funding Account" and default account, click Enroll. Once the Bill Pay enrollment is successfully processed, you will receive an email notification that your Bill Payment service has been activated. You may then begin setting up your payees immediately for online Bill Payments. If we are unable to immediately complete your Bill Pay request you will receive a page message on your screen telling you that you will be contacted within 2 business days.

Scheduling Payments and Payee Information:   To schedule a payment, you must enter the complete payee name, your account number with that payee, the payee's remittance address and phone number (all exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment to be initiated.  Payments can be sent only to payees with a valid address within the United States.  Payments to payees outside of the United States are prohibited. 

Mobile Banking allows single one time payments to existing Payees.  Recurring payments and payee setup is still completed through Internet Banking and is not available through Mobile Banking.

We reserve the right to refuse to pay any payee designated by you.  If we do so, we will notify you promptly.  Bill Payment is provided to you for your convenience.  The actual payment of such bills is handled by an independent third party, and the Bank cannot and will not warrant or be held responsible for the completion and accuracy of such transactions.

 

Scheduling Internet Banking Bill Payments:  Payment will be made by one of two methods.  You may verify which payment method will be used for a particular payee by viewing the "smart calendar" on the Make Payments screen.  If the Deliver By date is one week after the Send On date, you understand and agree that a paper check will be mailed to the payee, and the payee may not receive payment until five (5) to eight (8) business days after the payment is initiated.  If the Deliver By date is three (3) days after the Send On date, payment will be sent electronically and you understand and agree that the payee may not receive the payment until 72 hours after the payment is initiated.  After payment is initiated, the method of payment will also show on the Payment Confirmation screen.  You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party such as the failure of the Bill Payment payee to properly post a payment to your account.

If the date you want the payment to be initiated is not a business day, the payment will be initiated the next business day before 8:00 p.m. Central Time.  Your Bill Payment account will generally be debited on the business day the payment was initiated.

How to Cancel a Bill Payment:  To cancel a bill payment that you have scheduled through Internet Banking, you must cancel the payment online via Internet Banking (by following the onscreen instructions) before 8:00 p.m. (Central Time) on the date the payment is scheduled to be initiated.  If you want to cancel a payment after the cut-off time, you may contact the Bank during normal business hours for assistance, and we will make our best attempt to stop the payment.

Please note that you may initiate stop-payment requests online via Internet Banking only for paper checks you have written on your Bank accounts (not Internet Banking Bill Payment paper drafts.)  Our online stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item.  To be effective, this type of stop-payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.

You may be charged a Stop Payment Fee as described in your Account Agreement, as may be updated from time to time.

Withdrawal from Bill Payment:  To cancel your Bill Payment access, you may write to us at First National Bank of Muscatine, Attention:  Operational Services, 300 East Second Street, Muscatine  IA  52761 and request that we remove your account from Bill Payment access.  Or, call us at 563-262-4220 during normal business hours (we may ask for you to put your request in writing).  Your access to Bill Payment 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 your cancellation.

ELECTRONIC FUNDS TRANSFERS ACT:

Internet Banking Services:  You can use Internet Banking to:

  • Check the balance of your accounts with us,

  • View your Bank account histories,

  • Transfer funds between your accounts with us (you may need to contact the bank to establish the transfer relationship between accounts),

  • Make payments to your Bank loan from your Bank account,

  • Make stop payment requests,

  • Change your email address,

  • View your checking and/or savings account periodic statements (if you have enrolled in e-Statements), and

  • Pay bills from your Bill Payment account you have designated (if you have enrolled in the Bill Payment Service).

Generally, balance and activity information are available as of 3:00 p.m. (Central 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 Bill Payments:  Generally, Bill Payments initiated through Internet Banking on a business day are posted to your account the same day.  If the day on which a payment is initiated is not a business day or the payment is initiated after 8:00 p.m. (Central Time) on a business day, the payment will be initiated on the next business day.  Internet Banking identifies payments based upon the User ID of the user who initiated the electronic transfer or Bill Payment.  Accordingly, you understand and acknowledge that the screens in both the Transfer and Bill Payment menu options of Internet Banking will not reflect transfer and/or payment information of multiple users from the same account if different User IDs are used.  You agree to communicate with any other person(s) with authorized access to your accounts concerning any transfers or Bill Payments from your accounts.

Posting of Transfers:  Generally, transfers initiated through Internet Banking on a business day are posted to your account the same day.  Transfers completed after 5:00 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:

a.   Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;

b.   In the event one or more electronic fund transfers or Bill Payments initiated through Internet Banking result in an overdraft of your account, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.  The transfer(s) or payment(s) resulting in an overdraft will be paid or declined and returned to you at the Bank's discretion.

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, postal mail or via Internet Banking.  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.

Illegal Transactions:  You agree that you will not use any Internet Banking service, or any other access device, for any illegal or unlawful transaction.  We may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness; however, we may collect on any debt arising out of any illegal or unlawful transaction.

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:

Your Contact Information:  If your email address or any other contact information (e.g. your name, physical address, phone number, etc.) changes, please notify us immediately either by phoning us at 563-262-4220 or stopping in at our Main Bank or any of our branches during business hours, or emailing us at firstnet@fnbmusc.com. 

Your Contact Information - Undeliverable E-Mail Address:  If an email message that we attempt to send to you is returned to us as undeliverable, we will make a reasonable effort to contact you to obtain an updated email address, or otherwise resolve the issue.  If we are unable to contact you or if the issue is not resolved within a reasonable period of time, we may, at our discretion, suspend your Internet Banking access, and you will be required to contact us to reactivate access.

Please verify that your email address is correct by logging into Internet Banking, click on the Customer Service tab, and click on Change e-Mail Address under Account Maintenance.  If the Current e-Mail shown on the screen is not correct, please enter the correct information in the New e-Mail and the Confirm New e-Mail boxes and click to Submit.

If you have questions, or if we can be of any assistance, please call our Operational Services Department at 563-262-4220 during normal business hours.

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.

If one or more of your accounts require any Internet Banking Service, including Bill Payment and/or e-Statements, and you terminate that Internet Banking service, your eligibility to own that account may be affected and the Bank may change the account type to one for which you are eligible.  Refer to your Account Agreement and Disclosure for the account, or contact your account officer during normal business hours with any questions.

Our Right to Terminate:  You agree that we can terminate or limit your access to Internet Banking Services for any of the following reasons:

1.   Without prior notice, if you have insufficient funds in any one of your Bank accounts.  Internet Banking service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits. 

2.   For Bill Payment Users:  Upon 3 business days notice, if you do not contact us to designate a new Bill Pay Checking Account immediately after you close the checking account you have designated as the account to be debited for Bill Payment services.

3.   Upon reasonable notice, for any other reason in our sole discretion. 

4.   If you do not log in to Internet Banking for a period of more than six (6) months, we may remove your access to Internet Banking.  If you wish to have your access re-instated, you will need to call us at 563-262-4220.  We may request you to complete the enrollment process again.

Turbo Tax for Online Banking (Turbo Tax Online):  A link to Turbo Tax will be available within Internet Banking.  This link will be available to you at no extra charge.  However, should you utilize any Turbo Tax Online service, Intuit, Inc. may directly charge you a fee when you file a tax return.  After your initial log on to Turbo Tax  from within Internet Banking, subsequent visits to Turbo Tax Online from Internet Banking do not require a User ID and Password to log on to Turbo Tax Online.  If, however, you wish to access Turbo Tax from outside Internet Banking, you will be required to provide your Turbo Tax User ID and Password. 

Communications between Bank and You: Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

Contact Us:  You can contact us with any questions or concerns you have about Internet Banking by:

E-mail:  firstnet@fnbmusc.com
(Please note that banking transactions through Internet Banking are not made via e-mail.  Also please note that email is not necessarily secure; therefore you should not include confidential information such as your account number in email communications.)

Contact Person:  Linda Daly, Manager, Operational Services, 563-262-4220

Telephone:  563-263-4221

Fax:  563-262-4224

Postal Mail:  First National Bank of Muscatine, 300 East Second Street, Muscatine, Iowa  52761

In Person: 

*    Main Bank.............................. 300 East Second Street, Muscatine

*    Mississippi Office.................... Directly Behind Main Bank

*    Oakview North Office.............. 3107 Highway 61 North, Muscatine

*    Westside Office...................... 2017 Cedar Plaza Drive, Muscatine

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 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:.................................... $4.95* per month, including 10 bill payments per month.  Each additional bill payment $.35* thereafter.  Some exceptions apply - please refer to your Account Agreement and Disclosure.

Overdraft Fees
Paid Items.............................
$27.00 per item, overdraft items (paid) whether created by check, in-                                                          person withdrawal, AMT withdrawal, or other electronic means.

Returned:....................................... $29.00 per item / maximum of 8 Overdrafts and Return items paid

                                                          per day.

 

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.

300 E. 2nd St. | Muscatine, IA 52761 | ph 563-263-4221 | fax 563-262-4213

© 2009 First National Bank of Muscatine. All rights reserved.