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Citizens Bank of Morgantown Internet Banking Agreement:

 

Please read the following Internet Banking Agreement (including the information regarding Bill Payments) and accept or decline these terms at the bottom of this page.

Customer Agreement for CITIZENS BANK OF MORGANTOWN Internet Banking Services PART A - GENERAL TERMS

 

1. OUTLINE OF AGREEMENT AND EXPLANATION OF TERMINOLOGY

 

This Citizens Bank of Morgantown (“Citizens”) Internet Banking Agreement (“Agreement”) consists of:

 

The terms and conditions that apply to your account and our Citizens Internet Banking, and

 

Required federal regulatory disclosures which apply to information about your account and/or account activity accessed or originated using the Internet.

 

This agreement is in addition to other agreements between us, such as the Deposit Account Agreement (provided to you earlier) and overdraft protection and/or line of credit agreements, if applicable. If there is a conflict between any terms and conditions in this agreement and those contained in other agreements between us, this Agreement will control for all aspects of Citizens Internet Banking provided. Your request to transfer funds from your line of credit means that you agree to an amendment to your note that Citizens Internet Banking will be an additional access device to your line of credit, along with the issued checks.

 

In this agreement, the words “we", "us", “our”, “Citizens” or “Bank” means Citizens Bank of Morgantown. When we use the words “you" or “your”, we mean each person who has an interest in an account or other relationship with us which is accessible through our Citizens Internet Banking and/or any person a business customer may authorize to have such access to the business’ accounts. Our Citizens Internet Banking (Services) means the information provided to you and transactions originated by you through the Internet, including our web site - www.citizensbankwv.com.

 

2. USING YOUR CITIZENS BANK OF MORGANTOWN INTERNET BANKING ACCOUNT AND SHARING ACCESS WITH OTHERS

 

When you use our Services you agree to the terms and conditions we have set out in this agreement and any instructional material that we provide to you regarding the Services. Our Services may be accessed through the use of passwords and other means which we agree properly establish your identity. We may also require your use of certain software or hardware equipment as necessary for us to provide electronic communications in a manner which is acceptable to us. All electronic communications that meet these requirements will be deemed to be valid and authentic. You agree that these electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

 

As a user of our Services, you agree to receive account information by electronic transmission in the form of visual display of the text. You may request a paper copy of electronic notices required by federal regulations within 60 days of the date we made the electronic disclosure available to you.

 

Your access (password) code and account numbers are your private information and you should not share this information with anyone else. If you share this information with others, you will be fully liable for any and all transactions initiated by anyone with whom you have shared your access code and/or account numbers, to the same degree as if you had conducted the transactions yourself. If you ever disclose your access codes and/or account numbers to others, or authorize others to access your accounts through an access code issued directly to them, and later want to prevent this person(s) from gaining access to your account information or conducting transactions with your accounts, you must close your accounts and open new ones. You will be responsible for making arrangements to obtain and pay all associated costs, for ordering new checks, notifying parties of new account numbers for preauthorized payments and for automatic deposits.

 

3. PREREQUISITES TO OBTAINING SERVICES

 

Account - You must have established a deposit account relationship in person at the office of Citizens Bank of Morgantown. Equipment - A personal computer is needed. Software - You must have authorized use of a current version of an Internet access software capable of 128-bit encryption (i.e., Internet Explorer 5.5 or higher, Netscape Communicator 4.76 or higher). Internet Access Services - You must have Internet access through a local, regional or national ISP (Internet Service Provider).

 

4. ELIGIBLE ACCOUNTS

 

You may view transactions and obtain account history for your personal and business checking and savings accounts, provided you are listed as an owner or authorized signer on the account and have requested Citizens Internet Banking access to these accounts. You may also make unlimited transfers from your checking or line of credit accounts, up to your available balance, to another account held at the bank. The number of transfers from your savings or money market accounts are limited by banking regulation. You may make only 6 transfers per month from each account. You may not use a credit line advance to repay another loan at our bank. Certificates of Deposit are not eligible accounts for Citizens Internet Banking transfers. Christmas Club and Retirement accounts are eligible only to receive transfers from another account.

 

You may view history and transaction records for a personal or business account that requires two or more signatures to make withdrawals, transfers or transactions (provided you are listed as an owner or authorized signer on the account), but these accounts are not eligible for Citizens Internet Banking Transfers or Bill Payment services.

 

5. MULTIPLE ACCOUNT ACCESS

 

Your Citizens Internet Banking will include transfer capability for all checking, savings and line of credit accounts listed on your Citizens Internet Banking application. Each account owner of a jointly held account, or each authorized signer on an account, will be issued a personalized Citizens Internet Banking access number and Citizens Internet Banking password upon completing this Citizens Internet Banking application. If you open a new account at the Bank, a Citizens Internet Banking update request will be completed to add your new deposit or loan account to your Citizens Internet Banking access. Please allow up to 10 business days for changes to your Citizens Internet Banking to become effective after we receive your change request to add or delete accounts, change or close your designed Bill Payment account.

 

Each authorized signer on an account, approved for Citizens Internet Banking access, will be issued separate access codes and passwords for security reasons and to permit identification of the originating party for account transfers and Bill Payments.

 

6. ACCESS CODES

 

During your enrollment for the Services, you will be assigned a Citizens Internet Banking access number (access ID code) and a Citizens Internet Banking password). You will be requested to select a new password of your choice the first time you use the Service. You are strongly encouraged to select a password that is meaningful only to you and not contained in any of your personal identification information. For security purposes we also recommend that you do not use the same Access Codes you use for other bank products. In addition to changing your password, you may also change your Citizens Internet Banking access number to an alpha-numeric code of your choice. However, for security reasons it should not be your deposit account number or your name.

 

Use of these Access Codes is the agreed security procedure to access the Services through any PC. You agree to keep these numbers and passwords confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. You acknowledge that by sharing access codes and passwords with others, you are giving them the ability to obtain all Citizens Internet Banking related to your account, including Bill Payment, and you will be liable for all transactions others conduct using the access codes and account information you provide to them.

 

7. CITIZENS BANK OF MORGANTOWN INTERNET BANKING-ACCOUNT HISTORY, TRANSFERS AMONG ACCOUNTS AND BILL PAYMENTS

 

You may access the following Services by first entering your Access Codes:

 

a. Citizens Internet Banking - Account Information

 

You may obtain an account summary, interim statements one day after the items are posted to your account. For your loan accounts, the outstanding balance, along with the date and amount of your last payment may be obtained.

 

b. Citizens Internet Banking - Account Transfers

 

You may transfer funds from your checking, savings or credit line to another checking or savings account of yours at our Bank. You may also transfer funds from your checking or savings account to make a payment on your loan at our Bank. For account transfers, you must be listed as an account owner, authorized signer or borrower on both the source (from) account and the recipient (to) account.

 

The number of Citizens Internet Banking transfers you may make per day or per month is not limited, except for savings and money market accounts (discussed in Section 4). However the total amount of transfers from an account cannot exceed the account’s available balance. Any transfer request in excess of the account’s available balance will not be processed. If a Citizens Internet Banking transfer, along with other account activity processed in the same business day, results in an overdraft or NSF fee, you will be responsible for payment of the fee. If the transfer request cannot be processed due to insufficient funds in the source (from) account and the recipient (to) account becomes overdrawn or is charged an NSF fee, you will be responsible for payment of that fee also. If you frequently overdraw your account due to Citizens Internet Banking transfers, your Service may be terminated.

 

Transfer requests made using Citizens Internet Banking which are received by 5:30 p.m. Eastern Time will be processed on the business day received. All Citizens Internet Banking transfer requests received after 5:30 p.m. Eastern time Monday through Friday or during Saturdays, Sundays and legal holidays, will be processed during the next business day. You may delete or change an Citizens Internet Banking transfer request which you made earlier in the same business day until 5 p.m. Eastern Time. To change or reverse a Citizens Internet Banking transfer after 5 p.m. on the same calendar day or during the next business day, you will need to call 1-304-292-8411. There may be a fee accessed for changing or reversing a Citizens Internet Banking transfer after it has been processed.

 

To ensure timely credit for a loan payment, you should schedule a transfer from your deposit account to make you loan payment at least one business day before the loan payment due date.

 

c. Citizens Internet Banking -Bill Payment services

 

If you do not wish to have the Bill Payments feature activated for your access through Citizens Internet Banking Service you must notify us to turn this feature off for your accounts.

For use of Citizens Bill Payment Service you will need to select a checking account that you wish to use for payment purposes. You authorize us to automatically deduct all applicable charges and fees from your designated personal or business checking account. This checking account cannot be one that requires two authorized signatures for transactions. If you close this checking account, your Bill Payment services will end and any unprocessed Bill Payment transactions will be canceled. During your enrollment for Bill Payment you will be assigned a verification password. This Bill Payment verification password will be used only for security purposes, should you forget your password.

 

You may use Citizens Internet Banking Bill Payment to make current, future and recurring payments from your designated checking account (may be a personal or business checking account). Permitted payments include those to merchants, businesses or individuals in the United States. At this time, however, payments to any governmental unit are not permitted using the Internet. Government payments include such items as court ordered payments, alimony, child support, taxes, fines or penalties, etc. The number of Citizens Internet Banking Bill Payments you may make per month is limited to 30. Individual transfers cannot exceed $9,999.00. Generally you are permitted to make payments to 99 different entities/persons, however you may arrange to increase this payee limit if needed. You may arrange for recurring payments to be made in bi-weekly, weekly, bi-monthly, monthly, quarterly, semi-annual, annual intervals and up to one year in advance. Funds are usually debited from your account the day after the “scheduled payment date” you selected.

 

You must provide sufficient information about each payee as we may request from time to time to properly direct a payment to that payee and permit the payee to identify the correct account to credit. You agree that Citizens may obtain information regarding your payee accounts as needed to facilitate proper handling and crediting of your payments.

 

To ensure your payments are received by the payee timely, you need to select a “scheduled payment date” with the following lead times:


-Since payments will be paid by a check issued by Citizens Bill Payments, you need to select a “scheduled payment date” which is at least 7 business days in advance of the payment due date on your account statement or billing notice due date to allow for mail delivery delays.

 

EXAMPLE:


The due date of your bill is Monday the 24th.  If the payment will be forwarded to the payee by check cut by Citizens, your Bill Payment “scheduled payment date” should be no later than Thursday the 15th (or sooner depending on weekends and/or holidays).

 

When you have entered and transmitted a payment instruction, you authorize us or our agent to reduce the balance in your designated personal or business Citizens Bank of Morgantown checking account accordingly. If there are insufficient funds in your designated checking account to make payments you have authorized, we may either refuse to pay the item or we will make the payment and thereby overdraw your checking account. In either event, you are responsible for any non-sufficient funds (NSF) or overdraft charges the Bank may impose, as stated in our Fee Schedule provided to you earlier.

 

If you wish to stop payment on a scheduled Bill Payment transaction you previously authorized and it is too late for you to cancel or change the payment using the Internet (it is after 5 p.m. Eastern Time the day before the scheduled payment date), please contact Bill Payment Customer Service at 1-304-292-8411.

 

8. E-MAIL

 

You may contact us by clicking on the “contact us” button on our web page. You may use e-mail to contact us about inquiries, maintenance and/or problem resolution issues. E-mail is not a secure method of communication over the Internet and we recommend you do not send confidential information (such as account or social security numbers or passwords) in an e-mail message to us. Also, we cannot guarantee that e-mail will be viewed in a timely manner by Citizens Bank of Morgantown. Telephone communication during business hours is a better means of communicating information that needs to be resolved in a timely manner. Following up with an e-mail help can insure proper action.

 

9. INTERRUPTIONS IN SERVICES

 

We, or our Bill Payment servicer, may on a regular basis perform maintenance on equipment or systems that 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 cannot guarantee that prior notice of these interruptions will be provided.

 

10. HARM TO YOUR COMPUTER SYSTEM AND/OR DATA

 

You agree that we will not be liable for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our website or other websites we offer as links. You further agree that we are not liable for any damages which these viruses may cause to any of your hardware components, software programs or data files. You acknowledge and understand that each person who owns or operates a PC should utilize precautions to protect themselves against such harmful components and viruses by such means as purchasing an anti-virus software program. You should then maintain this software in its most current version by downloading any updates the anti-virus software vendor may make available on the Internet from time to time.

 

11. PERFORMANCE OF SOFTWARE AND ELECTRONIC SERVICE

 

In no event will we, or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Services or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

 

12. SECURITY

 

In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, passwords or other means of identification we have agreed are acceptable to us. To ensure the best protection for your transactions, you need to confirm that you are using the most current version of the browser you selected and that their encryption methods are adequate. You agree that any and all information which you download from Citizens Internet Banking becomes your property and is your responsibility to safeguard and protect this information from others.

 

We reserve the right to block access to the Services to maintain or restore security to our Site and systems, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).

 

13. OWNERSHIP OF MATERIALS

 

The content and information on our websites are copyrighted by the bank and any unauthorized reproduction or distribution of any portion of the website content is prohibited.

 

14. SEVERABILITY

 

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

 

15. AREA OF SERVICE

 

The Services described in this Agreement and any services available from our website, are available to existing established bank customers who hold an eligible account. Provided you are an established customer with an eligible account, you may access these listed services any where in the world where Internet service is available.

 

16. ARBITRATION OF DISPUTES

 

If either you or we have any unresolvable dispute or claim concerning the Services, it will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association (AAA) and Title 9 of the US Code. Arbitration hearings will be held in the AAA’s local office of the state where the bank’s headquarters is located. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge in banking transactions. The arbitrator will award the filing and arbitrator fees to the prevailing party. A judgement on the award of the arbitrator may be entered by a court.

 

17. NO SIGNATURE REQUIRED

 

When any payment or other Internet Banking service generates items to be charged to your account, you agree that we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.

 

18. AMENDMENT OF THIS AGREEMENT

 

We may amend this agreement (including changes to fees and/or service charges) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation. Your continued use of the Services is your agreement to the amendment(s). Depositors and customers with overdraft protection line of credits agree to continue to pay the associated usage or monthly fees for these services.

 

19. WAIVER

 

We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.

 

20. ASSIGNMENT

 

We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party.

 

21. TERMINATION

 

Either you or we may terminate this agreement and any service provided hereunder at any time. If you terminate Bill Payment services, you must first delete previously authorized payments you have set up or you authorize us to continue making those fund transfers, Bill Payments or other transactions you have previously authorized until we have a reasonable opportunity to act upon your notification written notification to us to delete those payments. Once we have acted upon your termination notice, we will make no further Bill Payment transfers from your eligible account. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.

 

22. GOVERNING LAW

 

These terms and conditions of this Agreement shall be governed by, interpreted under and construed in accordance with the laws of the state where the bank’s headquarters is located, without regard to any state conflict of law provisions. Your existing account relationships shall continue to be governed by and construed in accordance with the laws of the state in which the bank’s office is located where you initially established your account. This Agreement shall also be governed by applicable Federal Law.

 

23. ENTIRE AGREEMENT

 

This Agreement is the entire agreement between you and us for Citizens Internet Banking and it supersedes any marketing or other similar material pertaining to the Services delivered to you in writing, verbally or obtained at our website.

 

PART B - FEDERAL RULES APPLICABLE TO ELECTRONIC FUNDS

 

PLEASE CONSULT OUR “DEPOSIT ACCOUNT DISCLOSURES” BROCHURE GIVEN AT ACCOUNT OPENING FOR FEDERAL (REG. E) ELECTRONIC TRANSFER RULES. YOU MAY ALSO CALL (1-304-292-8411) BETWEEN 9 A.M. AND 4 P.M. MONDAY THROUGH FRIDAY (EXCEPT ANY LEGAL HOLIDAY)) AND REQUEST A NEW BROCHURE BE MAILED TO YOU. OR YOU MAY WRITE TO US AT CITIZENS BANK OF MORGANTOWN, ELECTRONIC BANKING DEPARTMENT, PO BOX 735, MORGANTOWN, WV 26507.

 

These Reg. E rules mentioned in the paragraph above are applicable only to consumer deposit accounts (used for personal, family or household purposes) and not business accounts.

 

If approved for Internet Banking, after you click on the “Accept Terms” button below, we will contact you with your initial Access ID and Password, which you will change when you first log on to Internet Banking. Please allow a week to process.