4/29/2004

FIRST NATIONAL BANK OF GRAYSON

INTERNET BANKING, BILL PAYMENT,

EMAIL STATEMENT, and ELECTRONIC DISCLOSURE
USER AGREEMENTS

 

Please take the time to familiarize yourself with the terms of service, which include agreements, disclosures, error resolution,  and limitations of liability. You should keep this notice for future reference.

You acknowledge a copy of the applicable agreements were made available to you in electronic or paper form. Requests for these agreements in paper form can be made at anytime free of charge by contacting us at the address below.

In this agreement the words "you" and "yours" refer to the Internet Banking Customer. The terms "we", "us" and "our" refer to First National Bank of Grayson.

The Agreement This agreement and the Electronic Funds Transfer Agreement and Disclosure, (collectively, the "Agreement") between you (or parties you authorize to use our service) and First National Bank of Grayson covers the use of Internet Banking, a service provided to you by First National Bank of Grayson via the World Wide Web and your personal computer. By accessing this service you understand and accept the terms, conditions and fee(s) associated with the use of this product. This agreement will be governed by the On Line laws and regulations of Kentucky and the United States, as amended from time to time.

Internet Banking Internet Banking is an electronic banking service provided by First National Bank of Grayson to enable our customers to view their statements, current balances, transaction history, payments on FNBG loans, payments from checking to 3rd parties and funds transfer between FNBG accounts.

Authorized Accounts Any authorized signer of the account may authorize an account to be linked. These accounts are Checking, Savings, Loans, and Certificates of Deposit accounts that you have specified you wish to access through Internet Account Access. Please contact our Internet Banking Customer Service Representative for more details. Any personal or non-personal account that requires multiple signatures to authorize debits is not eligible.

No Signature Required At which time you elect to transfer funds between your authorized FNBG accounts or enroll in Electronic Bill Payments, you authorize us to honor debits drawn against your accounts without presence of your signature.

Your User ID and Password Your initial user ID and password are the default. The first time you login you will be prompted to change them both. They must contain 6 (six) characters, of which 1 character must be a letter or number. The password you create is case sensitive. You should keep this information confidential. You have the option at any time to change your password and user ID once you are logged in. We recommend that you practice this on a regular basis. If you forget your password please contact our Internet Banking Customer Service Representative. If you make your user ID and password available to others to act on your behalf, you are responsible for all activity authorized by your user ID and password.

Account Balance Verification At any time you may log in and check your current balance, items which have been presented for payment against your account (checks, ATM transactions, MasterMoney Check Card purchases and automatic withdrawals), and deposits that have posted. All Balances are subject to deposit verification.

Maintenance Fee We reserve the right to adjust the monthly maintenance fees for the use of the service. Prior to fee changes, we will notify you in writing 30 (thirty) days before all changes go into effect. Your use of the service after the effective date of change confirms your agreement to the changes. Currently we offer the Online Banking Service free of charge.

Right of Termination You may cancel your Internet Account Access at any time by writing or contacting us at the address listed below. We require 10 (ten) day written notice prior to the date you wish to have your services canceled. If you have payments or transfers scheduled within 10 (ten) days and we have not completed your request to cancel service, you will be responsible for the payments or transfers. We may cancel your enrollment in this service at any time due to insufficient funds in one or more of your accounts.

If your Internet Banking Account has not been activated within 30 days of your enrollment date, the service may be cancelled until further notification by you. If you have not logged in for more than 6 months the service may be automatically discontinued for security purposes requiring a new enrollment form to be filled out.

Business Days Monday through Friday except for Federal holidays. Saturday, Sunday and Monday are all 1 (one) business day. The service is available 365 (three hundred sixty-five) days a year unless system maintenance or upgrades are necessary. Our daily cut-off is set at 2 (two) P.M. EST. All transactions received after 2 (two) P.M. may be posted on the following business day. You will receive a monthly account statement or be able to view your statements online showing your Electronic Funds Transfer debits. They also will appear online in your history.

Incomplete Payments Our liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to your request we will be liable for your losses or damages. 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 deposit account to make the transfer.
  2. If you have an overdraft line and the transfer would go over the credit limit.
  3. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  5. There may be other exceptions stated in our agreement with you.

Third Party Disclosure- we will only disclose information to third parties about your account or the transfers you make. The information you enter through Internet Banking may be recorded and retained by us.

  1. When it was necessary for completing transfers; or
  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 investigations or examinations by our bank regulators; or
  4. If you give us written permission; or
  5. As may be otherwise authorized in other agreements with us.

Reporting Unauthorized Transactions If you feel that an unauthorized transaction has been performed from your pre-authorized account without your permission, contact our Internet Banking Customer Service Representative immediately at (606) 474-2000, or toll free at 1-800-880-6621.

Your Liability for Unauthorized Transfers Tell us AT ONCE if you feel your Internet Account Access has been tampered with or compromised, including if your password is lost or stolen. Telephoning is the best way of keeping your losses down. You could lose all the money in your accounts plus your maximum line of credit. If you tell us within 2 (two) business days, you can lose no more than $50.00 (fifty dollars). If you do not tell us within 2 (two) business days after you learn of the tampering, and we can prove we could have stopped someone from accessing your accounts without your permission if you had told us, you can lose as much as $500.00 (five hundred dollars). Also, if your statement shows transfers that you did not make, tell us AT ONCE. You should examine your statement promptly upon receipt or when it is made available online. If you do not tell us within 60 (sixty) days after the statement was mailed to you or made available online, you may not get back any money you lost after the 60 (sixty) days if we can prove 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. If you feel your Internet Account Access has been compromised call or write us at the telephone number or address listed below.

Error Resolution Notice With respect to your Internet Banking transfers, call or write to us at the telephone number or address listed below, as soon as you can, if you think your statement is incorrect or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 (sixty) days after we sent or made available to you online the FIRST statement on which the error or question appeared.

  1. Tell us your name and account number (if any).
  2. Describe the error or question 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 (ten) business days. We will determine whether an error occurred within 10 business days (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 (forty-five) days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer), or longer if permitted by law, to investigate your complaint or question. If we decide to do this, we will credit your account within 10 (ten) business days (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 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 (ten) business days, we may not credit your account. An account is considered a new account for 30 (thirty) days after the first deposit is made, if you are a new customer.

If we decide that there was no error, we will send you a written explanation within 3 (three) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Pre-authorized Electronic Fund Transfer

Stop Payment Rights If you have told us in advance to make regular electronic fund transfers out of your account(s); you can stop any of these payments. Here's how: Call us or write to us at the telephone number or address set forth below, in time for us to receive your request 3 (three) 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 to us within 14 (fourteen) days after you call.

Notice of Varying Amounts If these regular payments vary in amount, the person you are going to pay will tell you, 10 (ten) 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.

Liability for Failure to Stop Payment of Pre-authorized Transfers If you order us to stop one of these payments 3 (three) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Money Market Savings Account Transfer Limitations You may make 6 (six) transfers from your account each 4 (four) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission) agreement, order or instruction. 3 (three) of these transfers may be made by check, draft, debit card or similar order (including POS transactions), made by the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited.

Electronic Disclosures (Optional Service)

All of our Agreements and Disclosures are available Online at www.fnbgrayson.com . At anytime you may request any disclosure in paper form free of charge by contacting us at the address below.

Email Statements   (Optional Service)

 

You are consenting to receive designated bank account statements electronically through the email address you provide to the bank. You agree that First National Bank of Grayson will not be required to send you paper statements through the mail to your mailing address on record. You will notify the bank immediately of any change in your email address. You may enter a change of email address online under Menu Items “Services” and “Change Info”. You also agree that we may provide notices about your accounts, changes in terms, future account disclosures or electronic fund transfer disclosures, to you through electronic email when that service becomes available.

 

You agree to protect the information about your accounts, including the account numbers and your personal identification numbers that provide you access to your account statement through email. You agree to promptly examine your account statements when they are made available to you. You understand that your identification information and personal identification numbers and account numbers together or apart may allow unauthorized access to your account information. 

 

At anytime you may request a paper form of the statement by contacting us at the address below.

Bill Payments  (Optional Service)

BILL PAYING AGREEMENT

This is your bill paying agreement with First National Bank. You may use First National Bank's bill paying service, to direct us to make payments from your designated checking (account) to the Merchants you choose in accordance with this agreement. The terms and conditions of this Agreement are in addition to the Account agreements, disclosures and other documents in effect from time to time governing your Account (the Account Rules).

"You" or "your" means each person who signs the bill paying enrollment form or is otherwise authorized to use the Service. "Merchant" means anyone, including the Financial Institution, you designate and the Financial Institution accepts as a payee.

The Financial Institution is not responsible if a Bill Payment can not be made due to incomplete, incorrect, or outdated information provided by you regarding a Merchant or if you attempt to pay a Merchant that is not on your Payee list.

 

THE BILL PAYING PROCESS

The Financial Institution will process variable payments on the business day (generally Monday through Friday, except holidays) you designate the bill is to be processed, provided the payment request is received prior to the cut-off time set by the Financial Institution, which is currently 2:00 p.m. EST. Variable bill requests received after the business day cut off time, or at any time on a non-business day will be processed on the next business day. The Financial Institution reserves its right to change the cut-off time by giving you notice if it changes.

Payments to a federal, state or local tax agency are not allowed. Funds for ALL bill payments (either by check or electronically) will be debited from your specified account ON THE DAY the payment is scheduled to be sent to the receiver.

NOTE: All payments made by Internet Banking require sufficient time for the receiver to process the payment and credit your account. We suggest 7 business days. We recommend that you contact your individual payee(s) for restrictions that may apply.

 

You agree to have available and collected funds on deposit in the account you designate in amounts sufficient to pay for all Bill Payments requested, as well as, any other payment obligations you have to the Financial Institution. The Financial Institution reserves the right, without liability, to reject or reverse a Bill Payment if you fail to comply with this requirement or any other terms of this agreement. If you do not have sufficient funds in the Account and the Financial Institution has not exercised its right to reverse or reject a Bill Payment, you agree to pay for such payment obligations on demand, including any overdraft fees. You further agree the Financial Institution, at its option, may charge any of your accounts with the Financial Institution to cover such payment obligations.

 

Any Bill Payment can be changed or canceled, provided you access the Service prior to the cut-off time on the business day prior to the business day the Bill Payment is going to be initiated.

 

LIABILITY

You are solely responsible for controlling the safekeeping of and access to, your Login ID and Password. You are liable for all transactions you make or that you authorize another person to make even if that person exceeds his or her authority. If you want to terminate another person's authority, you must notify the Financial Institution. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another Bill Payment. The Financial Institution is not responsible for a Bill Payment that is not made if you did not properly follow the instructions for making a Bill Payment. The Financial Institution is not liable for any failure to make a Bill Payment if you fail to promptly notify the Financial Institution after you learn that you have not received credit from a Merchant for a Bill Payment. The Financial Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Financial Institution's agent. In any event, the Financial Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Financial Institution has knowledge of the possibility of them. The Financial Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Financial Institution's reasonable control.

 

Amendment and Termination

The Financial Institution has the right to change this Agreement at any time by notice mailed to you at the last address shown for the Account on the Financial Institution's records, by posting notice in branches of the Financial Institution, or as otherwise permitted by law.

The Financial Institution has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Financial Institution. The Financial Institution is not responsible for any fixed payment made before the Financial Institution has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Financial Institution on your behalf.

 

Fees

The current Bill Pay Fee Schedule is:

 

Monthly Fee             (Free)                $0

First 7 Items             (Free)*              $0

Items 8 and up                           $.50 cents each

 

*per statement cycle

 

These charges will only be assessed if you request one or more of the services listed here. There will be NO Charge for any item if needed to correct a Financial Institution error.

Written Correspondence to Merchant....................................................................$10.00

Per proof of Payment not necessitated by a dispute..............................................$10.00

Per payment cancelled after cut-off time and prior to disbursement....................….$7.50

Payments returned due to customer error............................................................….$5.00

The Financial Institution reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed of any such charges before they are incurred.

 

Fees


Internet Banking - FREE

 

Bill Pay- FREE- 7 free Bill Pay Items per statement cycle, Items 8 and above are .50 cents each.

 

Email Statements- FREE

 

Electronic Disclosures- FREE

 

Damage to Equipment We accept no responsibility for interruption of service due to loss of electric power or lack of telephone service and line quality or PC or modem failure. THE BANK will not be responsible for any loss or damage to your equipment (computer, software, etc.) resulting directly or indirectly from the use of FNBG Internet Banking.

Your Financial Privacy at First National Bank of Grayson

Collection of Personal Information
Information about customers may come from a variety of sources. Some information is provided to us directly by customers themselves. The Bank as a function of customer service develops other data. Still other information is obtained from outside sources. We will limit the use and collection of customer information to what is necessary to administer our business, provide superior service and offer service that may be beneficial to customer needs. We will use this information only in accordance with the principles established in the Policy. A copy of our Privacy Policy is available on our homepage at
www.fnbgrayson.com or you may request a paper form to be mailed to you at anytime.

 

Contact information:

First National Bank of Grayson           
200 S Carol Malone Blvd
Grayson, KY. 41143

(606) 474 2000

(800) 880 6621

info@fnbgrayson.com