This Online Banking Agreement and Disclosure (“the Agreement”) explains the terms and conditions governing the basic online banking services and bill pay services offered by First Mid Bank & Trust, N.A. (“the Bank”). All Online Banking Services of any kind whatsoever offered or afforded by the Bank (including, but not limited to funds transfers, bill payment services, wire transfers, and ACH transactions) will be referred to collectively as “Online Banking Services” in the Agreement. The term “Business Day” means all days except Saturday, Sunday and all banking holidays.
All Banking Services are governed by this Agreement, and all applicable federal regulatory disclosures and the Deposit Account Terms and Conditions. All applicable fee schedules published by the Bank from time to time will apply to the Online Banking Services. You agree to pay all such fees upon request of the Bank. Further, you agree to pay all telephone charges of fees incurred by you in accessing Online Banking Services.
Your initial use of any Online Banking Services in connection with your account at the Bank constitutes your acceptance and agreement to be bound by all the terms and conditions of this Agreement and of the Deposit Account Terms and Conditions. Such initial use acknowledges your receipt and understanding of the Agreement and Deposit Account Terms and Conditions.
You agree that the Bank may, as permitted by law, provide all applicable disclosures to you electronically. You are responsible for downloading or printing the disclosures or providing the Bank with a non-electronic address to which the disclosures may be mailed.
The Bank is entitled to act upon instructions received through any Online Banking Service under your Access ID and Password (going forward, together referred to as “Access Code”) and without inquiring into the identity of the person using that Access Code. However, you agree that you will not, under any circumstances, disclose your Access Code by telephone or any other means to any person. You acknowledge that no person from the Bank will ever ask for your Access Code, that Bank employees do not need or should not ask for your Access Code. You agree to never provide your Access Code to anyone, including anyone claiming to represent the Bank. You are liable for all transactions made or authorized using your Access Code. The Bank has no responsibility for establishing the identity of any person or determining the validity of any transaction.
You agree that if you give your Access Code to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your Access Code will have access to your accounts. You agree to notify the Bank immediately in the event your Access Code is lost or stolen, or is otherwise compromised. At any time, you may ask the Bank to disable your Access Code. For joint accounts, each person may have a separate Access Code. Each person on a joint account will be liable for all transactions that are made on that account. Each person on a joint account agrees to be liable for the actions of the other person(s) on the account.
You hereby indemnify and release the Bank from any and all liability and agree not to make any claim against the Bank or bring any action against the Bank honoring or allowing any actions or transactions where you have authorized the person performing the action or transaction to use your account or when you have provided your Access Code to that person. You agree to reimburse the Bank for any losses it suffers or any damages, injuries, costs or expenses it incurs (including attorney’s fees) as a result of the Bank’s honoring or allowing transactions on the account where the Access Code was used.
The limitations of liability set forth in this Agreement are subject to, and limited by any state or federal law to the contrary.
The Bank has the right to modify or terminate this Agreement or the Deposit Account Terms 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 additional transactions on the account, nor will additional Online Banking Services be permitted. If this Agreement is modified, your continued use of the account will represent your acceptance of the changes.
Physical and Electronic Security.
- You are solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and systems in your possession or under your control. We are not responsible for any computer viruses (including, without limitation, programs commonly referred to as “malware,” “keystroke loggers,” and/or “spyware”), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained is obtained at your own discretion and risk, and Bank is not responsible for any damage to your computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. You are solely responsible for maintaining and applying anti-virus software, security patches, firewalls, and other security measures with respect to your operating systems, and for protecting, securing, and backing up any data and information stored in or on your operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on your operating systems.
- You acknowledge and agree that it is your responsibility to protect yourself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as “phishing” or “pharming”). You agree to educate your representative(s), agents, and employees as to the risks of such fraud and to train such persons to avoid such risks. You acknowledge that Bank will never contact you by e-mail in order to ask for or to verify Account numbers or any sensitive or confidential information. In the event you receive an e-mail or other electronic communication that you believe, or has reason to believe, is fraudulent, you agree that you shall not respond to the e-mail, provide any information to the e-mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e-mail. To the extent allowed by law, you agree that Bank is not responsible for any losses, injuries, or harm incurred by you as a result of any electronic, e-mail, or internet fraud.
- In the event of a breach of the Security Procedure, you agree to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank’s agent access to your hard drive, storage media and devices, systems and any other equipment or device that was used in breach of the Security Procedure. You further agree to provide to Bank any analysis of such equipment, device, or software or any report of such analysis performed by you, your agents, law enforcement agencies, or any other third party. Your failure to assist Bank shall be an admission by you that the breach of the Security Procedure was caused by a person who obtained access to your transmitting facilities or who obtained information facilitating the breach of the Security Procedure from you and not from a source controlled by Bank.
Your Computer Equipment & Your Software.
- We will not be responsible for any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with our Services.
- We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Microsoft Internet Explorer®, Mozilla Firefox® or otherwise), your Internet service provider, your personal financial management or other software (such as Quicken® or otherwise) or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with Business Banking Online.
In order to use the Services, you must first obtain your own personal computer with Internet connection capability and related equipment (the “Hardware”). You also must provide the type of Internet access required by the Hardware and or Software. Once the Hardware has been properly connected and any required Internet access has been established, you will be able to access the Services’ website. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of the Hardware, Software, and the Internet access service to your PC, and for all related costs. You are solely responsible for virus protection and maintenance of your PC. Bank shall have no responsibility for failures, interruption or other defects in the Services, which are occasioned by incompatible, improperly installed or improperly maintained hardware and software. The Bank may add to, modify, or replace software programs used in conjunction with providing the Services under this Master Agreement or any Service Agreement at its sole discretion and without notice, provided Services rendered to you are not substantially negatively affected or obligations altered. From time to time the Bank may deem it necessary to hold training or retraining classes for you. You agree that you will require appropriate personnel to participate in such training.
First Mid Bank & Trust (First Mid) offers a variety of web-based banking services. To ensure that these services are provided in a secure and private manner, First Mid uses a full range of Internet security measures designed to protect our customers and First Mid. These security measures include the use of cryptography; secure browsers and server, routers and firewalls; SSL protocol, digital certificates, passwords and cookies. Each of these components acts as a layer of protection to safeguard sensitive data from unauthorized access as it travels over the Internet.
Cryptography: All customer information is encrypted and authenticated using 2048 bit Secure Socket Layer (SSL) technology to provide the highest level of security commercially available to encrypt online transactions. SSL allows for information to be sent and received securely over the Internet. When a SSL connection occurs, security features within the browser and the server create a secure connection, in which all information shared is encrypted and de-crypted by only the intended recipients, ensuring that all data and transactions are secure as they are communicated over the Internet.
Firewalls: Firewalls are a combination of hardware and software that measure and limit access to a server or network for security purposes. The firewall is a system between the Internet and a network to provide security from the Internet to the internal network. The firewall keeps track of transaction activity, the time of each transaction, and who performed it.
For added security: We have installed “time out” features. Should you leave Online Banking without first signing off, you will be automatically logged off after a specific period of time. We will not log you out if you have accessed a link with another site that maintains security with our banking site.
For your protection: We strongly recommend that you log out and close your browser session after each visit to Online Banking.
Cookies: Each browser accessing First Mid’s Online Banking is given a “cookie.” A cookie is a piece of information sent by a web server to a web browser. The web browser saves and sends the cookie back to the server each time the browser accesses the site. Cookies allow a web site to identify whether or not a user previously visited the site.
Passwords: Passwords are utilized to gain access to Online Banking. You will be required to change your password every 12 months, however, you can change your password as often as you wish.
Passwords are case sensitive and after three unsuccessful password attempts, the system locks your account. You can obtain a new password by clicking on the “forgotten password” link and enter in your User Code to receive a temporary password via email. You will be prompted to change this password to a password of your choice. Your new password must be between 8-17 characters and contain 1 number, 1 uppercase letter and 1 lower case letter.
You are responsible for the confidentiality of your password. You should keep all passwords confidential to prevent unauthorized access to your accounts. When you have successfully entered you password, First Mid is entitled to allow you to review your accounts through Online Banking. This means that whoever has possession of your password will have access to your account information and could potentially initiate transactions. If you believe that your password has been lost, stolen or compromised, you should contact us immediately.
First Mid reserves the right to change this policy at any time by posting a new Security Statement to alert you to those changes.