First Time User Agreement

Electronic Banking Service Agreement
And Disclosure Statement

Last amended 04/30/2007
Printable Version

By signing an electronic banking or Telebanc registration form to subscribe to electronic banking and related services offered by First National Bank of Davis, Oklahoma as described in this Service Agreement and Disclosure Statement, you (the account holder) agree to the terms and conditions of this agreement. Each time you use First National Bank's electronic banking service constitutes confirmation by you of your agreement to and the understanding of the terms of this agreement. Please read this agreement carefully and keep it for future reference.

This agreement is in addition to all other agreements we may have with you including your signature cards or account agreements for your Deposit Account(s) and/or Loan Agreement(s).

PIN (Telebank) and/or Password (Internet Banking)
All First National Bank of Davis electronic banking transactions or inquiries must be initiated by use of your First National Bank of Davis electronic banking personal identification number (PIN) or password. You may change your PIN or password from time to time, as provided in the software programs. It is recommended that you do not use your social security number, birthdays, or other codes that may be easy for others to determine as your passcode. No bank employee will ever ask for your PIN, nor should you provide it to anyone unless you intend to allow that person access to your accounts. If you authorize another person to use your PIN or password, that person can use First National Bank of Davis electronic banking services to view any information or initiate any transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person would not otherwise have access. As such, sharing your PIN or password is strongly discouraged by the Bank, and is done at your sole risk and peril. If a third party should gain access to your PIN or password, you alone are responsible for changing the PIN or password so as to deny the third party's access to your banking information.

First National Bank disclaims any liability for the display or accuracy of your account data by any account aggregation service provided by a third party.

YOU AGREE TO KEEP YOUR PIN and/or PASSWORD CONFIDENTIAL. USE OF THE PIN/PASSWORD BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION COMMUNICATED THROUGH FIRST NATIONAL BANK IN MANITOWOC ELECTRONIC BANKING SYSTEMS.

You should always exit First National Bank of Davis electronic banking systems after viewing your accounts. Never leave your computer or phone unattended while accessing First National Bank of Davis electronic banking system. If you should, a third party may be able to access your accounts without ever needing to use your PIN/Password.

FEES
Access to Internet Banking and Telebanc systems is free at this time to you, the customer. This includes making transfers between your First National Bank accounts, retrieving and reviewing First National Bank account information and making First National Bank loan payments using funds from your First National Bank deposit accounts.

New program capabilities in the future may have fees associated with them. By using these new features you agree to pay, and authorize us to debit any such fees from the designated account. You will be notified of such fees before you begin using the feature and in this agreement. Any changes in these fees will be designated through updates to this agreement.

AUTHORIZATION
You expressly authorize us to debit the appropriate Deposit Account in the amount of any bank transfer initiated through First National Bank of Davis electronic banking systems, by you or by any other person who is authorized to use your PIN/Password. You agree that we may treat any such bank transfer from a Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to a Deposit Account the same as a deposit, all in accordance with the terms of this agreement and your deposit agreements with us.

HARDWARE AND SOFTWARE REQUIREMENTS
To be able to use the First National Bank of Davis Internet Banking system, you must obtain your own personal computer (a "PC") and related equipment (the "Hardware"). You also must provide the type of telephone service and Internet access service required by the Hardware and/or Software. Once the Hardware has been properly connected to the telephone service, and any required internet access has been established, you will be able to access the First National Bank of Davis Internet Banking site. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of the Hardware, Software, telephone service, and the Internet access service to your PC, and for all related costs. You are solely responsible for scanning the Hardware and Software for computer viruses and other related problems before you use them.

Browser Security:

The encryption system used by the First National Bank of Davis electronic banking system is a Secure Socket Layer system that supports 128-bit encryption. In order to use First National Bank's Internet Banking you must have the hardware and/or software to support 128-bit encryption.

INTENDED USAGE
Use of this system is restricted to authorized users. You agree to use First National Bank of Davis electronic banking systems solely for the purpose intended. If any possible suspicious or criminal activity is detected, system records may be provided to the necessary law enforcement officials.

You may use this system to:

1.  Transfer funds between any Deposit Accounts, such as checking, savings, or money market deposit accounts;
2.  To receive and download balance and transaction information;
3.  To make loan payments for  loans. 

FREQUENCY OF TRANSFERS
You may use your code (PIN/Password) to make an unlimited number of transfers each day from your checking account. Federal Regulations limit the number of transfers you may make from a savings account or money market account to a maximum of six (6) transfers, including Telebanc or Internet Banking transfers, per statement cycle (month).

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 our agreement with you, we will be liable for losses or damages. However, there are some exceptions: We will NOT be liable if (for instance):

1.  Through no fault of ours, you do not have enough money in your account to make the transfer; or
2.  The transfer would go over the credit limit on your overdraft line; or
3.  The terminal/system was not working properly and you knew about the breakdown when you started the transfer; or
4.  Circumstances beyond our control prevented the transfer, despite reasonable precautions that we have taken.

There may be other exceptions stated in our agreement with you.

ACCOUNT ACCESS
If you fail to log in three (3) consecutive times the system will lock you out for twenty-four (24) hours. If you are locked out three (3) consecutive times, your access to the system mayl be terminated. This will require you to come into the bank and reenter a new password before you are subsequently able to use the system.

The electronic banking systems of First National Bank of Davis are available to you for your convenience 24 hours a day, 7 days per week. However, due to system maintenance, some or all of First National Bank of Davis electronic banking systems may be down. We will attempt to provide prior notice of such interruptions, howeverr we cannot guarantee that such notice will always be possible.

BUSINESS DAYS
Everyday is a business day, except Saturdays, Sundays and federal holidays.

FUNDS AVAILABILITY
Our policy is to make funds, from your deposits, available to you on the first business day after the day we receive your deposit. At that time you can withdraw the funds in cash, or we will use the funds to pay checks that you have written.

If you make a deposit through our Telebanc or Internet Banking systems before 2:00 p.m. CST on a business day, we will consider that to be the day of your deposit. However, if you make a deposit after 2:00 p.m. CST or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Please refer to your Funds Availability Disclosure given to you at the time you opened your account for more information on this subject.

LIABILITY DISCLOSURE
Tell us at once if you believe your code (PIN/Password) has been stolen. Telephoning is the best way of keeping possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your code (PIN) without your permission.

If you do not tell us within two (2) business days after you learn of the loss or theft of your code , and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed 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 had you told us in time.

ADDRESS AND TELEPHONE NUMBER
In case of errors or questions about your electronic transfers or if you believe that your code has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call (580)369-2325, e-mail fnbdavis@fnbdavis.com, or write Cashier, First National Bank, 227 East Main Street, PO Box 750, Davis, Oklahoma  73030.

Please inform us as soon as possible. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

In all correspondence please:

1.  Include 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 or through e-mail, we may require that you send your complaint or question in writing within 10 business days.

Within 10 business days after we hear from you we will determine whether an error occurred 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 credit your account within 10 business days 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 business days, we may not credit your account.

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.

ACCOUNT INFORMATION DISCLOSURE
We will disclose information to third parties about your account or the transfer you make:

1.  Where it is 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 or court orders; or
4.  If you give us your written permission.

PERIODIC STATEMENT
If you use our Telebanc or Internet Banking services, you will receive a monthly account statement each month you make a Telebanc or Internet Banking transaction

AMENDMENTS
We may amend this agreement from time to time. The "Last amended" date will be indicated within the Electronic Banking Service Agreement and Disclosure Statement. It is your sole responsibility to review this agreement and any subsequent amendments to this agreement prior to logging in.

By clicking "Agree" you acknowledge you have read and agree to the above terms and conditions.