IronStone Bank Personal Online Banking
Agreement and Disclosure
Agreement and Disclosure
For the Personal Online Banking Agreement and Disclosure
effective prior to May 24, 2004, click
here.
Summary of Changes
to the IronStone Bank Personal Online Banking Agreement and Disclosure,
effective May 24, 2004: |
|
Effective April 5, 2004
Welcome to IronStone Bank personal online banking.
IronStone Bank is pleased to offer you the many benefits
of personal online banking. Using your personal computer and the Internet,
you will be able to obtain information concerning your accounts, transfer
funds between your accounts, arrange for the payment of your bills, and
conduct other banking transactions as described in this Agreement, subject
to the limitations of your software.
Definitions.
In this Agreement, "Bank,"
"we," "our," and
"us," refer to IronStone Bank, a federal savings
bank. "You" and "your"
refer to any person authorized to access one or more accounts using online
banking and each person who has an interest in an account or other relationship
which is accessible through online banking, and includes the individual
who electronically accepts this Agreement. "Online banking"
means the personal online banking service provided by IronStone Bank,
including online banking through PFM software and online banking through
ironstonebank.com. "Agreement" means this IronStone
Banking Personal Online Banking Agreement and Disclosure.
“Account” and "accounts"
refer to your accounts that may be accessed through online banking. By
default, we link all of your eligible accounts under your Access Codes
(including any account in which you are co-owner or agent). "Primary
Account" refers to the one Account that you have designated
as the account from which your online banking service fees (including
Bill Pay Service fees) will be paid. Your Primary Account must be a checking
account. "Access Codes" refers to the password
and identification number (Customer ID and Customer Password) that allow
you to access your Accounts through online banking and that have been
assigned to you and, after your initial log-in, are selected by you. "Agent"
has the same meaning as used in the IronStone Bank Deposit Account Agreement.
"User" is anyone who accesses your Accounts
through online banking by using your Access Codes.
"Bill Pay" and "Bill
Pay Service" refer to the electronic bill payment system
described in this Agreement and available through online banking. "Payee"
is a person, business, or any other entity to whom you direct payments
through the Bill Pay Service. "Payment instructions"
are instructions you give us through online banking to make a payment
on your behalf, from funds in an Account that you designate, using the
Bill Pay Service. "Transfer instructions" are
instructions you give us through online banking to transfer funds between
Accounts.
"PFM software" means versions
of the following software through which you may access certain online
banking services over an Internet connection: Microsoft® Money. We
may support other PFM software as indicated on our website. "ironstonebank.com"
means online banking accessed over an Internet connection and viewed via
a web browser. "Electronic message" means an
electronically transmitted message, which allows the text to be displayed
on equipment in the recipient’s possession (such as a modem-equipped
personal computer). An electronic message is considered written notice
for purposes of this Agreement.
"Business day" means any
day Monday through Friday, except bank holidays. "Include,"
"includes," and "including"
are used to indicate examples and not to limit what is covered. Other
terms may be defined below.
Our Agreement with You.
Your use of online banking and its related services
is governed by this Agreement (including its Exhibits), your application
for online banking, our Deposit Account Agreement, our Disclosure of Products
and Fees, and your other agreements with us or rules applicable to the
services and transactions you access or direct through online banking,
including but not limited to Bill Pay, overdraft protection, and loan
agreements, as applicable. You also agree to comply with any instructions
we provide you on using online banking or its related services. These
agreements, rules, and instructions apply as they are amended from time
to time, and they are incorporated herein by reference. Your acceptance
of this Agreement applies to all Accounts and therefore binds all Users
and Account owners with respect to use of (and any transactions made using)
online banking (and its services, including Bill Pay) in connection with
any Account. Further, any use of online banking by you or any User is
your acknowledgment that you have received this Agreement, understand
it, and agree to be bound by it. With respect to online banking, in the
event of any conflict between this Agreement and any other agreement governing
your deposit or loan accounts or the services you access through online
banking, this Agreement will control.
System Requirements.
To use online banking, you need a computer, with modem
or equivalent communications connection device, Internet service with
a service provider of your choice, your Customer ID, and your Customer
Password. See our online banking website for specific information on system
requirements, including supported Internet Browsers. Changes to Internet
Browsers supported by online banking will be posted on the Bank's online
banking website. To access communications from us sent to your external
e-mail address, you must have an active e-mail account with an Internet
e-mail service provider and software enabling you to download and view
Internet e-mail. To print or download communications for online banking,
you must have a printer connected to your computer and software that allows
you to print from your computer, or sufficient hard-drive or disk space
to save the communications.
To use online banking through PFM software, you must
license the PFM software from the vendor (for example, Microsoft®
for Microsoft® Money) and meet the minimum technical requirements
of the PFM software and any additional minimum technical requirements
described on our website, which may change from time to time.
Your use of PFM software, a web browser, and Internet
service are governed by your license and other agreements with the applicable
vendor. You are responsible for correct installation and set-up of PFM
software, the web browser, and your Internet service and their related
security settings and for obtaining any new releases or updates required
to use online banking. Your ability to access certain online banking services
may be limited by the version of PFM software or web browser that you
are using.
Access to Online Banking and Use of Access Codes.
We will assign you a temporary Customer ID and Customer
Password to use the first time you sign-on to online banking. At the time
you first sign-on, you must select a new Customer Password. If you forget
your Access Codes, please contact Customer Service at 1-866-IB DIRECT
(1-866-423-4732); the Bank may have to re-set your access. No one at the
Bank will contact you requesting your Password. Do not give
your Access Code(s) to anyone who is not authorized to use your accounts.
Please note that we have no means to distinguish Users who access the
Accounts. All actions by Users through online banking are deemed to be
authorized by you (even if the User makes transactions you do want).
It is your responsibility to remember, and protect
the security of, your Access Codes. You agree (for yourself and each User)
1) to keep your Password secure and confidential, 2) not to provide or
make available your Access Codes to any unauthorized person, 3) to instruct
each User about security and confidentiality of Access Codes and about
the terms of this Agreement, and 4) to notify us immediately if you believe
any Access Code has been compromised. Do not save Access Codes on your
computer, and sign-off at the end of every session. Your use of online
banking is your acknowledgment that the security procedures described
in this Agreement and within the online banking service are acceptable
to you. For security reasons and without liability to you, we reserve
the right to suspend or cancel your Access Codes or your online banking
access if we suspect that your Access Codes have been compromised, even
without notice from or to you.
Reliance on Your Instructions.
You authorize us to follow the instructions submitted
under your Access Codes and to charge and credit your Accounts according
to those instructions. Except to the extent prohibited by applicable law
or regulation, we may rely and act on any instructions, and you will be
deemed to have expressly authorized any online banking transaction, 1)
initiated by you, at your direction, or with your consent (whether express
or implied), 2) initiated by a User, any member of your household (whether
or not related to you), or a co-owner or other person having an interest
in any Account, 3) initiated by an Agent with respect to any Account or
by anyone acting with authority from you (express or implied), 4) which
results in the transfer of funds between Accounts, even if subsequent
transfers out of the Accounts benefit someone else, 5) initiated under
your Access Codes, 6) which is to or for your benefit (for example, the
payment of a debt for which you are partially or fully liable), or 7)
which you contend is unauthorized unless you cooperate fully with us in
our investigation of the transaction, assign to us your right of recovery
against the wrongdoer if we reconstitute your Account, and cooperate fully
with us in the recovery of any loss we sustain and the prosecution of
any wrongdoer. Except to the extent prohibited by applicable law or regulation,
each User is deemed to be authorized to conduct any transactions available
through online banking and to issue related instructions, even if the
User exceeds your authorization. All such instructions will be considered
as having been given to us directly by you and shall have the same authority
as your written signature in authorizing us to comply with the instructions.
Any requirement of verifying two signatures does not apply to transactions
initiated or made via online banking. We are not required to separately
verify any instruction given under your Access Codes, although we reserve
the right to require separate verification for any reason.
If You Believe Your Password is Lost, Stolen or Used
Without Your Authority.
Please tell us AT ONCE if you believe your password
has been lost, stolen, or used without your authority. Telephoning is
the best way of keeping your possible losses down. Call us at 1-866-IB
DIRECT (1-866-423-4732) or 1-800-860-5136 (for the hearing impaired),
or write IronStone Bank, Personal Online Banking, DAC52, PO Box 27131,
Raleigh, NC 27131-7131. You could lose all the money in your account,
plus the maximum amount of any line of credit linked to your account.
If you believe your password has been lost or stolen, and you tell us
within two business days after you learn of the loss or theft, you can
lose no more than $50 if someone used your password without your permission
to make an unauthorized electronic fund transfer (as defined by federal
law). If you do NOT tell us within two business days after you learn of
the loss or theft of your password, and we can prove we could have stopped
someone from using your password without your permission if you had told
us, you could lose as much as $500. Losses could include not only money
in your account, but also advances on any credit line associated with
your account.
Services Available Through Online Banking.
You may use online banking to conduct the following
Account transactions: 1) obtain information concerning your deposit and
certain of your loan accounts, 2) transfer funds between certain of your
deposit accounts, 3) transfer funds from your deposit accounts to make
payments on certain loan accounts with us, 4) transfer funds from your
equity line of credit account to certain deposit and loan accounts (Note:
Open?end home equity lines of credit are not available in Texas), 5) request
us to stop payment on checks, 6) reorder checks, and 7) request copies
of checks and statements. If you use PFM software to access online banking,
you will not be able to view or obtain information concerning installment
loans or credit card accounts or transfer funds to make payments on installment
loans or credit card accounts. Using the Bill Pay, you can direct that
payments to third parties be made from an account that you designate.
From time to time, we may add, change, or remove services, or we may update
or upgrade online banking, and we may limit your access only to revised
or updated services. By using any new or changed online banking services
when they become available, you agree to be bound by this Agreement, any
amendments to this Agreement regarding the new or changed services, and
any additional rules and instructions that we provide you concerning the
new or changed services.
Accounts you may access.
Deposit Accounts.
Subject to any restrictions we may impose from time
to time, you may access your IronStone Bank deposit accounts through online
banking. You must be the owner or a co-owner of each account.
Related Credit Lines and Loans.
If you have a line of credit/loans related to any of
your accounts (such as Checkline Reserve, Checkline Reserve Plus, Capital
Line or EquityLine), you agree that the line of credit may be accessed
through online banking. You understand and agree that the provisions of
the agreement relating to your credit line will govern overdrafts, automatic
advances to maintain the minimum balance necessary to avoid account service
charges, and direct advances resulting from your use of online banking.
You authorize us to charge your related deposit account for any payments
owed on your line of credit, regardless of whether the line of credit
is in default. (Note: Open?end home equity lines of credit are not available
in Texas.)
Account Information.
You may use online banking to obtain balance information
and transaction histories for certain deposit and loan accounts. If you
use PFM software to access online banking, you may not be able to view
or obtain information concerning installment loans or credit card accounts.
Balance information and transaction histories reported through online
banking may not include transactions which have occurred since the close
of business on the previous banking day. Balance information shown for
your deposit accounts may include Current Balance and Available Balance.
These balance amounts may differ. The Current Balance is the ending balance
in your account as of the close of the previous banking day and does not
include any holds which may have been placed on your account. The Available
Balance is the Current Balance less any holds and includes certain debits
and credits which have taken place since the close of the previous banking
day, for example, ATM deposits and withdrawals, cash deposits, wire transfers,
and other online activity. The Available Balance provides the most current
balance information. Transaction history information is available for
your current statement cycle plus the previous two statement cycles.
Transfers from One Account to Another.
Online banking permits you to transfer funds from a
deposit account or from your equity line of credit account (Note: Open?end
home equity lines of credit are not available in Texas) to any other deposit
account, a line of credit or credit card, and installment loans you can
access through online banking. If you use PFM software to access online
banking, you may not be able to transfer funds to make payments on installment
loans or credit card accounts. The "transfer date" is the date
you enter for the transfer of funds from one account to another. Transfer
of funds from a deposit or equity line of credit account to a deposit
account will generally be processed simultaneously on the transfer date
regardless of the day or time of the transfer. (Note: Open?end home equity
lines of credit are not available in Texas.) For example, if you transfer
funds from deposit Account A to deposit Account B, the funds will be debited
from deposit Account A and credited to the available balance in deposit
Account B simultaneously on the transfer date. The funds will be available
immediately upon the transfer for withdrawal from deposit Account B through
an ATM or debit card transaction or at a teller window, and will also
be available to honor checks or other items presented for payment against
deposit Account B in the nightly processing following the transfer. Transfers
of funds from a deposit or equity line of credit account to a loan account
(including an equity line of credit account) will be processed as follows:
1) the transfer will be debited to your deposit or equity line of credit
account when we execute the transfer on the transfer date (regardless
of the day or time we receive your instructions); and 2) the transfer
will be credited to your loan account during our nightly processing of
the loan account. (Note: Open?end home and equity lines of credit are
not available in Texas.) The transfer will be credited to your loan account
on the transfer date if 1) the transfer date you designate is a business
day, and 2) we receive your instruction to transfer the funds to your
loan account no later than 4:00 p.m. Eastern Time on the transfer date.
If you designate a non-business day as the transfer date, or if we receive
your transfer instructions after 4:00 p.m. Eastern Time on the transfer
date, the transferred funds will be credited to your loan account as of
the next business day following the transfer date.
Bill Pay Service.
The Bill Pay Service feature of online banking allows
you to instruct us to pay bills designated by you in accordance with the
instructions we provide you. Your Bill Pay Service transactions will be
processed for the Bank by CheckFree Corporation ("CheckFree"),
a major provider of electronic banking transaction processing services.
References to "we" and "us" in this section refer
to both the Bank and CheckFree. If you use PFM software to access online
banking, some Bill Pay Service features and terms may differ from features
and terms available or applicable to online banking through ironstonebank.com.
In addition to this Agreement, your access to and use of the Bill Pay
Service are governed by the instructions you receive from the Bill Pay
Service and by CheckFree’s terms and conditions for Bill Pay; with
respect to the Bank, this Agreement governs in the event of any conflict
with terms or conditions on the Bill Pay website.
a. Payment InstructionsIn General. In
designating a payee for bill payment, you must provide us with detailed
"payment instructions." The Bill Pay Service will prompt you
for needed information. You authorize us to follow your payment instructions
and to rely on the accuracy of all information you provide. We reserve
the right to select the method in which to remit funds on your behalf
to the payee. Payment methods may include an electronic payment, an electronic
to check payment, or a laser draft payment.
b. Payees. The Bill Pay Service (including CheckFree’s
terms and conditions) may specify prohibited types of payments and payees,
such as payments to payees located outside the United States, and payments
made at your own risk, such as tax payments and court ordered payments.
You are be solely responsible for any claims or damages resulting from
your scheduling of these types of payments or from any payments to prohibited
payees, whether or not we make the payment, and even if the payment is
delayed or improperly processed. We reserve the right to refuse to pay
any person or entity to whom you may direct a payment. We will notify
you promptly if we decide to refuse to pay a person or entity designated
by you; however, we are not required to notify you regarding a prohibited
payee or any payment prohibited under this Agreement.
c. Payments. The "payment date" that
you enter with your payment instructions is the date you want the payee
to receive your payment and also is the date we will charge your Account
for the amount of the payment. Transactions begin processing approximately
four (4) business days prior to the scheduled payment date. The Bill Pay
Service will instruct you on the earliest payment date available when
you enter your payment instructions. In order to ensure adequate
time for the payee to receive the payment, the “payment date”
you enter must be no later than the date you want the payee to receive
the payment ("the payment due date"). If the actual
payment due date falls on a non-business day, you must select a payment
date that is at least one business day before the payment due date. Some
payees require payment to be received before a certain time (such as 2
p.m.) on the payment due date; in this case, the payment date you enter
should be at least one business day before the actual payment due date.
The payment date you enter with your payment instructions should be prior
to any late date or grace period. If your payment instructions do not
meet all of these requirements, you bear the risk that the payee will
not receive your payment by the payment due date, and you will be responsible
for any and all late fees, penalties, finance charges and other actions
taken by the payee.
d. Bill Pay Account. In your payment instructions,
you must designate an Account from which you will make payment for each
bill you wish to pay using the Bill Pay Service (“designated account”).
The Bill Pay Service will instruct you how to designate an Account for
a bill payment. You authorize us to charge the designated Account according
to your payment instructions. You agree that you will have funds available
in the designated Account for each payment on the payment date you have
designated in your payment instructions; please review your Deposit Account
Agreement and this Agreement regarding when funds are made available to
your Account, because funds are not always made available on the day of
deposit or transfer. If you do not have sufficient funds in the designated
Account to cover the transaction, without notice to you, we will decide,
in our discretion, whether or not to complete the transaction, and we
may make additional attempts to debit your Account for the amount. We
also will debit associated service fees and charges (such as insufficient
funds or “NSF” fees) in accordance with our agreements and
policies. You are responsible and agree to reimburse us for all NSF and
related service fees and charges, and you remain liable to us for all
funds we have advanced plus applicable service fees and charges until
we are paid in full. Availability of funds in other accounts will not
prevent insufficient funds charges or rejection of a payment if you do
not have sufficient funds in the designated Account. If we are unable
to complete the payment transaction for other reasons (such as incomplete
or inaccurate information), we will attempt to notify you by e-mail or
U.S. mail. We shall have no obligation or liability if we do not complete
a transfer or payment because there are insufficient funds in the designated
Account to process the transaction or because of incomplete or inaccurate
information, and you are responsible for either making alternate arrangements
for the payment or rescheduling the payment through Bill Pay.
e. Limitations. We are only responsible for
exercising ordinary care in processing and sending payments upon your
authorization in accordance with this Agreement. We will not be liable
in any way for damages you incur if you do not have sufficient funds in
the designated Account to make the payment on the processing date, for
delays in mail delivery, for changes to the payee’s address or account
number unless you have advised us of the change sufficiently in advance,
for the failure of any payee to correctly account for or credit the payment
in a timely manner, if you have not provided correct payment information,
if you have been advised that the payment processing center is not working
properly but you execute a transaction anyway, or for any other circumstances
beyond our control.
f. Warranty Disclaimer. The Bill Pay Service is
provided "AS IS" without any warranty of any kind, either expressed
or implied, including, but not limited to, the implied warranties of merchantability
and fitness for a particular purpose. All implied warranties are disclaimed.
Bill Delivery and E-mail Payments
You may be able to utilize a bill delivery and presentment
service provided by CheckFree. Bill delivery allows you to view certain
bills using your PFM software interface or web browser, as applicable.
CheckFree also may provide you an e-mail payment service. Bill delivery
and e-mail payment, if available, are provided to you by CheckFree and
not by IronStone Bank, even if the service is provided through online
banking.
Transaction Limitations.
For savings and money market accounts, federal regulations
limit third party or pre-authorized transfers and withdrawals to six per
statement cycle, no more than three of which may be made by check, draft,
debit card, or similar order payable to third parties. Transfers or payments
through online banking or Bill Pay count against these limits. We may
charge a fee for transactions in excess of the limit. Also, for security
reasons, we may impose additional limits on the frequency, number, and
dollar amounts of transactions you can perform using online banking. Further,
we reserve the right to refuse to pay any person or entity to whom you
may direct a payment through online banking. We will notify you promptly
if we decide to refuse to pay a person or entity designated by you; however,
this notification is not required if you direct us to make any payment
which is otherwise prohibited under your agreements with us. Loan payments
to us are not included in these limits.
Overdrafts.
If your use of online banking overdraws your account
and the overdraft is not covered by an approved line of credit relating
to the overdrawn account, you agree to make immediate payment to us of
the amount of any such overdraft, together with related service charges.
You also agree that we may charge the overdraft and related service charges
against your other accounts with us to the extent permitted by law or
by your Deposit Account Agreement.
Your Right to Stop Payment and Your Right to Receive
Notice of Varying Amounts.
a. Stop Payment Procedure. If you have told
us in advance to make regular payments or transfers out of your account,
you can stop any of these payments or transfers by following the procedures
outlined in this section. You may change or cancel Bill Pay instructions
by following the directions within the Bill Pay Service. However, once
the Bill Pay Service has started processing a payment, the payment cannot
be changed or canceled, and you must submit a stop payment request in
the manner provided in the Bill Pay Service or in your Deposit Account
Agreement. You may change or cancel any instructions you have given us
to transfer funds from one of your accounts to another
using online banking if you enter and transmit through online banking
your change or cancellation instructions (and we receive your new instructions)
at any time prior to the time we actually execute your transfer instructions.
Alternatively, you may change or cancel Bill Pay or
funds transfer instructions if you call us at 1-866-IB DIRECT (1-866-423-4732)
or 1-800-860-5136 (for the hearing impaired), or write us at IronStone
Bank, Personal Online Banking, DAC52, PO Box 27131, Raleigh, NC 27611-7131,
in time for us to receive your change or cancellation instructions seven
business days or more before the designated payment or transfer date.
If you call, we may also require you to put your request in writing and
to get it to us within 14 days after you call. Normal service charges
apply for each change/stop payment order requested by telephone or in
writing.
b. Notice of Varying Amounts. If your regular
payments vary in amount, the person you are going to pay should tell you,
at least 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.
c. Failure to Stop Payment of Pre-authorized Transfer.
If you order us to stop one of these payments within the applicable time
frame indicated above, and we do not do so, we will be liable for your
losses or damages caused by our failure except as otherwise limited in
this Agreement.
Your Liability for Unauthorized Transfers.
We will send you a monthly account statement for your
checking and savings accounts unless there are no transfers in a particular
month. In any case, we will send you a statement for your checking and
savings accounts at least quarterly. The statement will show Bill Pay
and other online banking transfers. If your statement shows transfers
that you did not make, tell us AT ONCE. You may call us at 1-866-IB DIRECT
(1-866-423-4732) or 1-800-860-5136 (for the hearing impaired), write IronStone
Bank, Personal Online Banking, DAC52, PO Box 27131, Raleigh, NC 27611-7131.
If you do not tell us within sixty days after the statement was mailed
to you, you may not get back any money you lost after the sixty 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 a
hospital stay) kept you from telling us, we may extend the time periods.
Remember that if you maintain the confidentiality of your password, it
will reduce the possibility of unauthorized use.
Errors and Questions.
In case of errors or questions about your electronic
transfers, call us at 1-866-IB DIRECT (1-866-423-4732) or 1-800-860-5136
(for the hearing impaired), or write IronStone Bank, Personal Online Banking,
DAC52, PO Box 27131, Raleigh, NC 27611-7131 as soon as you can, if you
think your statement is wrong or if you need more information about a
transfer listed on your statement. Alternatively, you may call or visit
your local branch office. We must hear from you no later than 60 days
after we sent the FIRST statement on which the problem or error appeared.
When you notify us: 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, and 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 after we hear from you and will correct any error promptly.
If we need more time, however, we may take up to 45 days to investigate
your complaint or question. If we decide to do this, we will recredit
your account within 10 business days for the amount you think is in error,
so that you will have use of the money during the time if takes us to
complete our investigation. If we ask you to put your complaint or question
in writing and we do not receive it within 10 business days, we may not
recredit your account. If your complaint or question involves (i) an electronic
fund transfer that was initiated outside the United States or that resulted
from a point-of-sale debt card transaction, then the 45 day investigation
period will be extended to 90 days; (ii) an electronic fund transfer to
or from the account during the first 30 days the account is open, then
the 10 day period will be extended to 20 business days, and the 45 day
investigation period will be extended to 90 days.
We will tell you the results within three business
days after completing our investigation. If we decide there was no error,
we will send you a written explanation within three business days after
we finish our investigation. You may ask for copies of the documents that
we used in our investigation. If you use PFM software to access online
banking, please direct your inquiries and correspondence regarding online
banking services or enrollment and regarding transactions for your accounts
to us or, if applicable, CheckFree, and not to Microsoft®. If you
have questions regarding the operation of your web browser, PFM software,
or Internet connection, please direct your inquiries or correspondence
to the vendor of that product.
Our Liability for Failure to Make Transfers.
We will use every reasonable effort to comply with
your transfer and payment instructions. However, we will incur no liability
(and no obligation as to late charges) if we are unable to complete any
of your transfer or payment instructions because any of the following
circumstances exist:
a. You do not have enough money in the applicable Account
to complete the transaction.
b. The transaction will exceed the credit limit on
your related overdraft line of credit; or, in the case of a transfer from
your equity line of credit account, the transfer will exceed your equity
line credit limit. (Note: Open?end home equity lines of credit are not
available in Texas.)
c. You do not allow us adequate time according to this
Agreement to process instructions we receive from you.
d. The electronic bill payment processing center is
not working properly.
e. The person or entity to whom you direct a transfer
or payment mishandles, delays, or fails or refuses to accept a transfer
or payment sent by us.
f. You have provided us with incorrect, incomplete
or inaccurate data or information concerning the recipient of a transfer
or payment or other account information, or you have otherwise failed
to comply with the procedures set forth in this Agreement or within the
Bill Pay Service.
g. There are technical problems in our receipt of information
or instructions from you or a third party involving the Account or transaction
(for example, problems arise with computers, software, modems, or telephone
communications), or you have attempted a transaction even though you have
notice that online banking (or the applicable service) is not working
properly.
h. Circumstances beyond our control (such as, but not
limited to, fire, flood, interference from an outside force, acts of terror
or common enemy, loss or delay due to biological or chemical threats,
strikes, lockouts, acts of governmental authorities, delays of couriers
or supplies, communications equipment failures, or equipment malfunction
occurring despite ordinary maintenance), prevent the proper execution
of the transaction, despite reasonable precautions we have taken.
i. This Agreement or your payment or transfer authorization
has been terminated.
j. Your Account has been closed, there is a hold on
your Account, or access to your Account is blocked in accordance with
our policies.
k. Your funds are subject to legal process or encumbrances
restricting transfer.
l. Applicable law prevents completion of the transaction.
m. Unusual or extraordinary circumstances exist which
indicate improper or unlawful use of your account.
n. You believe someone has accessed your Account (or
has your Access Codes) without your permission and you fail to notify
us immediately.
Provided none of the circumstances described above
are applicable, if we cause an incorrect amount of funds to be removed
from your account and our action was unintentional and resulted from a
bona fide error on our part, we will be responsible for returning the
improperly transferred funds to your account. If you have scheduled a
payment in accordance with the Bill Pay Service terms (including all exceptions),
but your payment posts after its payment due date because of our delay,
the Bill Pay Service will bear responsibility for up to $50 in late payment
charges you actually incur for that payment. We will not be liable for
other losses and damages caused by our failure except to the extent specifically
required by law.
Fees and Charges.
You agree that we may charge your Primary Account for
all fees and charges related to online banking (including, without limitation,
any service fees for third party services accessed through online banking,
such as Bill Pay), in accordance with the current applicable fee schedule.
However, fees and charges such as insufficient funds charges may be charged
against the Account designated for the transaction. You are responsible
for any non-Bank charges incurred by accessing online banking, including
local or long-distance telephone charges, Internet access fees and any
other charges that may be assessed and billed separately. We reserve the
right to change applicable fees and charges at any time. We will provide
you with any notice required by law of any changes to our fees and charges.
If the applicable Account does not have a sufficient balance to pay all
applicable fees and charges due, we may exercise our right of setoff against
any of your other accounts as provided by law or your Deposit Account
Agreement. Any applicable fees and charges will be charged regardless
of whether you access or use a service during the billing cycle. If you
close the Primary Account or if the Primary Account is no longer linked
to the service, we may terminate your online banking services. However,
you can change the Account designated for online banking service charges
by contacting us at 1-866-IB DIRECT (1-866-423-4732).
Termination or Discontinuation.
You may terminate or discontinue online banking by
giving us at least 10 days prior written notice. You may call us at 1-866-IB
DIRECT (1-866-423-4732) or 1-800-860-5136 (for the hearing impaired),
or you may mail your notice to: IronStone Bank, Personal Online Banking,
DAC52, PO Box 27131, Raleigh, NC 27611-7131. You will not be entitled
to the refund of any prepaid fees or charges. You must tell us your name
and address; whether you are discontinuing online banking, Bill Pay Service,
or both; and the effective date to stop the service.
When the Bill Pay Service is terminated, any prescheduled
(unprocessed) bill payments will also be terminated. Your final charge
for the Bill Pay Service will be assessed at the end of the month. If
you terminate a Bill Pay Service, you authorize us to continue making
fund transfers, bill payments, and other transactions you had previously
authorized until we have a reasonable opportunity to act upon your termination
notice. If you are not paying a monthly service charge for the service,
we may convert your account to inactive status if you do not sign on to
the service or have any transactions scheduled through the service during
any consecutive ninety day period. If your account is considered inactive,
you must contact us to have the service activated before you will be able
to schedule any transaction through the service.
We can refuse online banking services to anyone. We
may terminate your online banking services at any time without prior notice
and with or without cause. If you withdraw your consent to receive electronic
communications regarding online banking, this Agreement automatically
will terminate at the effective time of the withdrawal of consent. If
more than one person can access an account through online banking, we
reserve the absolute right to terminate all online banking access to the
account upon the request of the account owner, any account co-owner, or
any other person authorized to access the account. In addition, CheckFree
may terminate your access to the Bill Pay Service without prior notice
to you, with or without cause. Neither termination nor discontinuation
shall affect your liability or obligations under this Agreement, and you
will remain liable for payments, transfers and other transactions in process
and for the payment of any accrued fees and charges.
Notices to You.
Any notice (including notice of new agreement terms)
we give you concerning online banking and/or your accounts is effective
at the earlier of 1) when we send you an electronic message (via the internal
bulletin or messaging function of online banking or via external e-mail),
2) when you access or use online banking or any related service after
the effective date of a notice posted on our web site on our home page,
the log-in page for online banking, or the account summary page, or 3)
when we send or deliver the notice to you at the address we have for you
in our account records. We will e-mail or mail to you notices or alerts
of disclosures covered by Regulation E or the Electronic Fund Transfers
Act. Any notice we send you will be deemed to have been received by you
at the earlier of 1) your confirmation of receipt and 2) within three
days of being sent. Notice to any co-owner on an Account is considered
effective notice to all co-owners on that Account. Pursuant to this Agreement
and the CONSENT TO RECEIVE ELECTRONIC DISCLOSURES that you must agree
to in order to access and use online banking, you agree that we may provide
you by means of an electronic message or electronic posting (see above)
any information we are required by law, regulation, or agreement to provide
you orally or in writing. We do not provide paper copies unless required
to do so by law or regulation. A notice that alerts you to availability
of a disclosure on an Internet web site and provides you with the web
site address of the disclosure, in lieu of sending you the entire disclosure,
also will be sufficient notice of the disclosure, absent a legal restriction.
BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT WE MAY SEND YOU ELECTRONIC
MESSAGES ABOUT PRODUCTS OR SERVICES WE OFFER (INCLUDING ADVERTISEMENTS),
although you may opt-out from e-mail advertising by following the instructions
in the e-mail advertisement or by contacting us at the address under "Notices
to Us" with a written request to opt-out of e-mail advertising. You
agree that we may send notices and other communications, including Access
Code confirmations, to the current address(es) shown in our records. You
also agree that we will not be liable or obligated to you in any way if
information is intercepted by an unauthorized person after it leaves our
exclusive control, whether in transit or at your address.
Change of E-mail and Mailing Addresses.
It is important that you provide us with your current
external e-mail and U.S. mail addresses and that you update us immediately
with any changes. You agree to notify us promptly in writing of any address
change, including regular mail and electronic mail addresses. You must
notify us by calling us at 1-866-IB DIRECT (1-866-423-4732) or 1-800-860-5136
(for the hearing impaired), or by mailing us at: IronStone Bank, Personal
Online Banking, DAC52, PO Box 27131, Raleigh, NC 27611-7131.
Notices to Us.
You can communicate with us electronically using the
"messages" link in online banking. If you send us a notice via
these links, we will be deemed to have received it at the close of business
on the business day immediately following the day you send it. We will
have a reasonable time to act on your notices. Do not rely on
electronic messages or external e-mail if you need to communicate with
us immediately, for example, to report an unauthorized transaction
from one of your Accounts or to stop a pre-authorized payment. Notices
sent to us are the property of the Bank, and we reserve the right to delete
such messages from the system from time to time. For security reasons,
we may not act on instructions sent to us from an external e-mail address,
so please use the "messages" link to communicate with us electronically.
Do not use external e-mail to send confidential or sensitive information
about you or your account(s), as these communication means may not be
encrypted. For information on security of the "messages" function
in online banking, please see the information on "messages"
within the online banking service.
Notices you send to us via regular mail, overnight
delivery, or hand delivery are effective no earlier than the first business
day after our receipt of the notice, unless otherwise required by law
or otherwise specified in this Agreement. You must use the following address
when mailing us written notices:
IronStone Bank
Online Banking – DAC52
P.O. Box 27131
Raleigh, NC 27611-7131
Online Banking – DAC52
P.O. Box 27131
Raleigh, NC 27611-7131
Our customer service telephone number is 1-866-IB DIRECT
(1-866-423-4732) and for the hearing impaired is 1-800-860-5136.
Joint and Several Liability.
If any one or more of your deposit accounts has co-owners,
each co-owner will be jointly and severally liable for any obligation
which arises from the use of online banking to access the account. This
joint and several liability shall extend as well to any line of credit
accessed through any such account.
Information Authorization.
You authorize us and our agents to request and obtain
consumer reports on you from any consumer reporting agency and to obtain
and verify information relating to you and your accounts from any other
source. You also authorize us to disclose any information relating to
you and your accounts (i) to any consumer reporting agency or any other
person or entity we reasonably believe is conducting a legitimate credit
inquiry, (ii) to any financial institution, (iii) to any account information
service (such as Chex Systems or Equifax), (iv) in response to any subpoena,
summons, court or administrative order, or other legal process which we
reasonably believe requires our compliance, (v) to any of our affiliates
or subsidiaries, (vi) to First Citizens BancShares, Inc. (our parent company)
and any of its subsidiaries or affiliates, and (vii) to any law enforcement
officer if we suspect any wrongdoing in connection with any of your accounts.
You further agree that we may obtain financial information regarding your
accounts with any of your designated payees to resolve payment problems.
From time to time we are legally required to provide information in response
to court or administrative orders, subpoenas, summonses, tax levies, or
other such legal process. You agree to pay our standard charges for the
research and copying of documents and for any other expenses we incur
in complying with such legal process including, but not limited to, our
attorneys' fees. Our fees will be determined from our Disclosure of Products
and Fees in effect at the time that the services are rendered, and we
will charge your Primary Account for any such fees or expenses.
Disclosure of Account Information.
a. In General. We will disclose information
to third parties about your account(s) or the transfers you make that
we believe is necessary:
-
To complete or document transactions, to investigate possible unauthorized transactions, or to combat fraud.
-
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
- In response to government agency inquiries or orders.
- In response to court orders.
-
If you give us your written or oral permission.
- To comply with government regulations.
-
To offer you products and services that we believe may interest you.
b. Our Affiliates. We routinely share
information concerning our customers with our "affiliates."
Our "affiliates" are all members of the IronStone Bank corporate
family and include our subsidiaries and all of the other companies owned
or controlled by First Citizens BancShares, Inc., our parent company.
Federal law permits us to share limited information about you without
your consent. In general, this information includes identification information
(such as your name and address) and information concerning your transactions
with us and our experiences with you. Our goal is to offer you the broadest
range and highest quality of financial products and services we can provide.
To do this effectively, we need to share "other information"
with our affiliates in addition to identification, transaction and experience
information. For example, when we share information about you with our
affiliates which we obtain from an application or a consumer report, our
affiliates can determine whether certain financial products and services
are appropriate for your needs. Please be assured that we do not share
this "other information" with non-affiliated third parties unless
we are required to do so by law or permitted to do so under your Account
Agreement. Unlike identification, transaction and experience information
that we may share by law, the Fair Credit Reporting Act permits you to
direct us not to share "other information" with our affiliates.
To do so, you must notify us in writing of your request. Please include
your name, current address, social security number, telephone number,
account number and type of account, and send your written request to IronStone
Bank, P. O. Box 26592, Raleigh, NC 27611-6592. Your request must be mailed
in a separate envelope and should not be included with any other Bank
correspondence. Each customer may separately choose to ask that we not
share his or her "other information" with our affiliates. A
customer who directs us not to share "other information" may
do so only on his or her own behalf. We will process your request as soon
as we reasonably can.
Consumer Protection.
The consumer protection provisions of the federal Electronic
Fund Transfer Act and the Federal Reserve Board's Regulation E apply only
to electronic fund transfers involving consumer checking and savings accounts
established primarily for personal, family or household purposes. If your
account is owned by an entity other than a natural person or was established
primarily for business, commercial or agricultural purposes, then any
online banking electronic fund transfer will be considered an "authorized
use," and your liability for any online banking transaction relating
to that account will be unlimited, notwithstanding the provisions of the
federal Electronic Fund Transfer Act, Regulation E, any standardized literature
or disclosures we may send you, or any provisions of this Agreement that
purport to limit your liability. You will be fully responsible for the
security of your password with respect to each such account, whether the
transaction or the use of the password is authorized or unauthorized.
Warranty.
We may on a regular basis perform maintenance on our
equipment or system which may result in interrupted service or errors
in the service. We also may need to change the scope of our services from
time to time. We will attempt to provide prior notice of such interruptions
and changes but cannot guarantee that such notice will be provided. We
make no representation that online banking services (including the Bill
Pay Service) will be uninterrupted or error free. Our sole obligation
to you arising out of (i) the nonavailability of online banking, or (ii)
an interruption or delay in providing online banking shall be to use commercially
reasonable efforts to resume such services. THE FOREGOING SHALL CONSTITUTE
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY
PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL THE BANK (OR ANY OF OUR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) OR ITS SERVICE
PROVIDERS (INCLUDING CHECKFREE) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST
PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN
ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT,
ONLINE BANKING, AND/OR ANY SERVICES ACCESSED THROUGH ONLINE BANKING (SUCH
AS BILL PAY). WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING
ONLINE BANKING OR ITS RELATED SERVICES, PFM SOFTWARE, WEB BROWSERS, INTERNET
SERVICES, OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
IF ANY OF THESE DISCLAIMERS ARE LIMITED OR PROHIBITED BY APPLICABLE LAW,
WE MAKE ONLY THE WARRANTIES SPECIFICALLY REQUIRED BY APPLICABLE LAW. IN
NO EVENT SHALL ANY LICENSOR OR PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED
BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA,
MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. ALL SUCH
SOFTWARE AND SERVICES ARE PROVIDED “AS IS.”
Liability for Loss of or Erroneous Data.
You agree to be responsible for saving and storing
your information. We shall have no liability to you for any data loss,
error, or other damage or loss, direct or consequential, which you may
suffer relating to your use of your computer system or third party communications
provider. All electronic records used by us for transactions contemplated
by this Agreement, including those recording and executing your instructions,
are our property or the property of our service providers.
Virus Protection.
We encourage you to routinely scan your hardware and
software using a reliable and current virus protection product to detect
and remove any viruses found. Undetected or unrepaired, a virus may corrupt
and destroy your programs, files and even your hardware. Because of the
difficulty in determining the origin of any virus, you agree that we are
not responsible for any virus or similar destructive device that you may
encounter using online banking.
Ownership of Materials.
The content and information on our site is copyrighted
by IronStone Bank or our service providers, and the unauthorized reproduction
or distribution of any portions is prohibited. PFM software and web browsers
are owned and licensed by the applicable vendor and are not provided by
IronStone Bank.
Amendments.
We reserve the right to amend this Agreement at any
time. We will provide you with notice by a means described in this Agreement
and as required by law. Your use of online banking after we amend this
Agreement will constitute your acceptance of such changes.
Assignment.
You may not assign this Agreement to any other person
or entity. We may assign this Agreement to any company with which we are
directly or indirectly affiliated. We may also assign or delegate certain
of our rights or responsibilities under this Agreement to independent
contractors or other third parties.
No Waiver.
We will not be deemed to have waived any of our rights
or remedies under this Agreement unless we send the waiver to you by electronic
message or we otherwise mail or deliver to you a written waiver signed
by us. No delay or omission on our part in exercising any of our rights
or remedies shall operate as a waiver of such rights or remedies or any
other rights or remedies we may have. A waiver on one occasion will not
be construed as a bar or waiver of any rights or remedies on future occasions.
Governing Law.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE FEDERAL LAWS AND REGULATIONS APPLICABLE TO FEDERAL
SAVINGS BANKS, AND TO THE EXTENT THAT STATE LAW APPLIES, BY THE LAWS OF
THE STATE OF GEORGIA, WITHOUT REGARD TO ITS OR ANY OTHER STATE'S CONFLICTS
OF LAWS PROVISIONS. ANY CLAIMS OR DISPUTES ARISING UNDER OR RELATING TO
THIS AGREEMENT SHALL BE SUBJECT TO THE ARBITRATION PROVISIONS SET FORTH
IN THE IRONSTONE BANK DEPOSIT ACCOUNT AGREEMENT, WHICH PROVISIONS ARE
INCORPORATED HEREIN BY THIS REFERENCE. To the extent that any applicable
state or federal law invalidates or is inconsistent with a provision in
this Agreement, that provision shall be severed from this Agreement as
to any person who is protected by, and subject to the jurisdiction of,
that state's laws or the applicable federal law.
Prohibited Persons.
You agree that neither you, any User, nor any transferee
or payee is prohibited from participating in the transactions you or any
User initiate and/or make through online banking or any of its services,
including but not limited to prohibition pursuant to issuances of the
Office of Foreign Assets Control or under the USA Patriot Act. To the
extent consistent with applicable law, you agree to indemnify and hold
us harmless from and against any and all claims, losses, damages, liabilities,
penalties, fines, and expenses, including court costs and attorneys' fees,
incurred by us relating to any such prohibition. Except to the extent
prohibited by law, we reserve the right to review and/or monitor transactions
and instructions submitted via online banking for security, legal compliance,
fraud, and related purposes.








