1 FIRST NATIONAL BANK OF MENAHGA & SEBEKA Internet Banking Disclosures, Terms, and Access Agreement Welcome to Internet Banking! First National Bank of Menahga & Sebeka is pleased to offer you the many benefits of Internet Banking. Using your computer and the Internet, you will be able to obtain information about your accounts, initiate certain account transactions, view check images, and take advantage of many of the account services we offer to our customers. All you need is access to the Internet using either Internet Explorer 7.0 or higher, Firefox 2.0 or higher, Google Chrome, Opera 8.0 or higher, Safari 2.0 or higher, or Camino or higher (the latest versions are highly recommended for your greatest security) and a 128-bit Secure Sockets Layer (SSL) encryption protocol. If your browser is not using the latest 128-bit encryption, you will be prompted to upgrade before accessing your accounts. Before enrolling, please read the Access Agreement and Disclosures outlined below. 1. The Service The following services are currently available through First National Bank of Menahga & Sebeka Internet Banking: Account Balance Information, Transaction Inquiries, Transfer Funds, Loan Payments, Bill Pay, view images of checks and statements online. In consideration of the Internet Banking services ("Services") to be provided by First National Bank of Menahga & Sebeka (FNB) as described from time to time in information distributed by FNB to its customers. In the agreement, "Customer" refers to the person(s) subscribing to or using the Service, the Customer agrees as follows. You may use a Personal Computer ("PC") through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to transfer money between your accounts. Funds must be available in the account from which you wish to transfer or pay bills on the date you enter the transaction. If your account does not have sufficient funds to complete a transfer, the transfer will not be completed. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six transfers or withdrawals out of such an account per calendar month (not counting transactions made at ATMs, in-person transactions or automatic transfers). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If you exceed the restrictions more than three times during a 12-month period, we may close the savings or money market account and transfer the funds to a checking account. In addition, you may use your PC to electronically direct us to make payments from your account to third parties ("Payees") that you have selected to receive payment through the Service. You may make payments through the Service to any business professional, merchant, family member, or friend. The "Account" means your designated bill payment checking account at FNB from which we make bill payments on your behalf pursuant to the Agreement. By subscribing to the Service or using the Service to make any payments to a third party, you agree to the terms of the Agreement.
2 PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS. 2. Limitation of Liability Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by FNB s Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment. 3. Equipment You are solely responsible for the equipment (including, in the case of Internet Banking, your personal computer and software) you use to access the Services. We are not responsible for errors, delays or your inability to access the Services caused by your equipment, cost of upgrading your equipment to stay current with the Services or under any circumstances for any damage to your equipment or the data resident thereon. 4. Virus Protection You agree that First National Bank of Menahga & Sebeka is not responsible for any electronic virus that you may encounter using Internet Banking. Routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. 5. Electronic Messaging and Notices Customers should call us with general inquiries concerning maintenance and other issues with Internet Banking at You should not use regular to initiate any banking transactions or give out personal identifying information. is not located on a secured encrypted server and the information you enter can be viewed by others. A high level of encryption does not protect sending electronic messages to us through regular . Electronic mail may be used to send you notices, disclosures and other information required under the Electronic Funds Transfer Act and Regulation E of the Federal Reserve Board of Governors. We may send this information to you by posting it on our Web site or by . We may also send it to you by regular postal mail in writing at the address shown in our records. If you have given us an address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you, until you give us notice in writing or by that the address is no longer valid. You agree that information we post to our website or send by or regular postal mail will be deemed delivered at the time it is posted or sent. Information you send to us is deemed delivered when we receive and review it. If we send you a notice, disclosure or other message electronically and you wish to print it and are unable to do so, contact us at and we will provide you with a paper copy. 6. New Services From time to time, First National Bank of Menahga & Sebeka may expand the services we offer our Internet Banking customers. When such services become available, we will update this agreement and notify you of the new service. By using Internet Banking after the new services are available, you agree to be bound by the terms contained in the revised agreement.
3 7. Authorization To Charge Accounts You are responsible for all transfers you or your authorized representative make using Internet Banking. You authorize us to debit your designated account(s) for any transactions completed with FNB Internet Banking. You agree that we may comply with transfer instructions entered by any one person using an authorized Access Code and Password, regardless of the restrictions placed at the account level. If you permit another person to use Internet Banking or give them your Access Code and Password, you are responsible for transfers or advances that person makes from the deposit and loan accounts linked to your online application even if that person exceeds your authorization. 8. Bill Pay You may include all utility companies, merchants, financial institutions, insurance companies, individuals, etc. whom you wish to pay through FNB Internet Bill Pay. Include a complete mailing address and telephone number for each and your account number with each payee. We reserve the right to decline to make payments to certain persons and entities. Note: Payments may be made only to payees with a U.S. payment address. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-directed payments through this service. 9. Scheduling Payments Through Bill Pay. You may choose to use Bill Pay and use your PC to electronically schedule payments with FNB s Internet Bill Pay Service. Payments are posted against your balance available for withdrawal, as defined in the Bank s Funds Availability Policy, plus the available credit on your Overdraft Protection, if any, or other Line of Credit. 10. Types of Payments Through Bill Pay. a) A single transfer is a transfer made on a one-time basis. A single transfer must be requested prior to 5:00 p.m. Central Time to be posted on the same business day. b) Recurring payments are those made for the same amount and are made on a weekly, bi-monthly, monthly basis, etc. Once started, recurring payments will be made automatically until you tell us to stop or cancel the service and we have a reasonable opportunity to react. Funds must be available in your account(s) on the requested initiation date. If there are insufficient funds in the account to make the payment, we may either refuse to pay the item or we may decide to process the payment thereby overdrawing your account(s). In either occurrence, you are responsible for any non-sufficient funds (NSF) or overdraft charges which may be imposed, as stated in our Fee Schedule If there are insufficient funds in the account, the Service will attempt to make the Bill Pay for several days before it is cancelled. It is your responsibility to watch your account and verify that all your Bill Pays were processed and subtracted from your account. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority over Bill Pay transactions. Electronic funds transfers initiated through the Service which would result in an overdraft of your account may, at our discretion, be cancelled.
4 If you wish to cancel payments yourself, you may do so by completing the cancellation process available on the website. You must cancel payments prior to 5:00 p.m. on the date you initiated the payment. If you do not cancel your payment prior to 5:00 p.m., you will be responsible for the payment. Do not send payment requests or cancel payment requests via or telephone calls to the bank. You may view balances and transaction activity on checking, savings, and certificate of deposits, IRAs, and loan accounts. 11. Delivery of Your Payments and Transfers Through Bill Pay. You may schedule payments to be initiated on the current business day, on a future date, or on the same date of each month, subject to the restrictions in the Agreement. Although you can enter payment information through the Service twenty-four (24) hours a day, seven (7) days a week, payments can be initiated only on business days. Funds will be deducted from your Account on the business day on which a payment is to be "initiated." This date is referred to in this Agreement as the "Transaction Date. If you direct the initiation of a payment to occur on a day other than a business day, it will be initiated on the preceding business day. (Business days are Monday through Friday, excluding Federal holidays). After funds are withdrawn from your Account, we will remit your payments by mailing your Payee a check. Because of the time it takes to send your payment to them, your Payees generally will not receive payment on the Transaction Date. This applies regardless of whether the payment is a next-day payment, a future payment, or a recurring payment, as described above. Therefore, in order to provide sufficient time for payments to be received by your Payees, the Transaction Date should be at least seven (7) days prior to the date your payment is due, excluding any applicable grace periods (the "Due Date"). It is helpful if you allow additional time (ten (10) days) for a payment to be completed the first time you send a payment to a Payee through the Service. This allows the Payee to adjust to the new form of payment. You may schedule a payment to be initiated on any business day or any future date. Payments must be scheduled by the normal cut-off time of 5 p.m. (Central Time) on any business day in order for the payment to be initiated for that business day. Transfers must be scheduled by the normal cut-off time of 5 p.m. (CT) on any business day in order for the transaction to be completed on that business day. For each payment submitted, you will receive a Scheduled Payment Confirmation, which will include a confirmation number. We suggest that you print and keep the confirmation notice until the payment has been received. It is your responsibility to watch your account and verify that all your Bill Pays were processed and subtracted from your account. 12. Our Liability for Failure to Complete Transactions. 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 some of your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your account to make the transfer. If you have an overdraft line and the transfer would go over the credit limit. If the terminal or system was not working properly or was temporarily unavailable and you knew about the breakdown when you started the transfer. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
5 We have placed a hold on funds in your account or remitted funds to another party with your knowledge, pursuant to reasonable business procedures, or in compliance with legal process such as a garnishment, tax levy, court order, etc. There may be other exceptions stated in our agreement with you. 13. Canceling Payment. You may use your PC to cancel a payment up to 5 p.m. (CT) on the business day prior to when your payment is initiated ("Transaction Date"). There is no fee for canceling a payment online prior to 5 p.m. 14. Statements. All payments, transfer, and/or fees made with the FNB Internet Banking Service will appear on your monthly account statement. The payee name, payment amount, and date of the payment will be shown for each payment completed through the Service during that month. 15. Business Days/Hours of Operation. For purposes of this agreement, our business days are Monday through Friday, excluding Federal holidays. Although payments and transfers can be completed only on business days, the Service is available 24 hours a day, seven (7) days a week, except during maintenance periods, for the scheduling of payment orders and transfers. Payments will be transmitted on the next business day. 16. Unauthorized Use a). Address and Telephone Number for Notification of Unauthorized Use: Tell us at once if you believe your User ID Code and/or password have become known by an unauthorized person, or if you believe that an electronic fund transfer has been made without your permission. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E- MAIL. Call First National Bank of Menahga & Sebeka immediately at: or write to: First National Bank of Menahga & Sebeka ATTN: Internet Banking PO Box 250 Menahga MN b). Your Liability for Unauthorized Use: Tell us at once if you believe your User ID Code and/or password have become known by an unauthorized person, or if you believe that an electronic fund transfer has been made without your permission. You could lose all of the money in your account (plus your maximum overdraft line of credit). We will be liable for all unauthorized transfers unless the unauthorized transfer was due to the loss of your User ID Code and/or password. If due to the loss of your ID Code and/or password, and you notify us within 60 days of when the unauthorized transfer appears on
6 your statement, you can lose no more than $50 if someone used your codes without permission. If you do NOT notify us within 60 days after the unauthorized transfer appears on your statement, and we prove that we could have stopped someone from using your codes without your permission if you had told us within 2 days of when you discover the unauthorized transfer, you could lose as much as $500 for unauthorized transfers that appear on your statement. 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 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 will extend the time periods. c). Contact in Event of Unauthorized Transfer: If you believe your User ID and/or password has become known by an unauthorized person, call or write us at the telephone number or address listed above. You should also call the number or write to the address listed above if you believe a transfer has been made without your permission. d). Right to Bring Civil Action: You may bring a civil action against any person violating any provision of Minnesota statutes section (governing consumer privacy and unauthorized withdrawals). If you prevail in such an action, you may recover the greater of your actual damages or $500. You may also be entitled to recover punitive damages, your court costs, and reasonable attorney s fees. 17. Error Resolution In case of errors or questions about your electronic deposit or loan transactions, call First National Bank of Menahga & Sebeka immediately at or write as soon as you can to: First National Bank of Menahga & Sebeka ATTN: Internet Banking PO Box 250 Menahga MN If you think your statement is wrong or if you need more information about a transfer listed on the statement, contact 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, and you must: a). Tell us your name and account number; b). Describe the error or the transfer you are unsure about, and explain why you believe it is an error or why you need more information; c). Tell us the dollar amount of the suspected error.
7 If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We may require you to provide your complaint in the form of an affidavit. We will determine whether an error occurred within 10 business days (20 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 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 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 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before the account is opened. 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. 18. Authorization to Obtain Information. You agree that we may obtain and review your credit report from a credit bureau or similar entity. You also agree that we may obtain information regarding your payee accounts in order to facilitate proper handling and crediting of your payments. 19. Termination. In the event you wish to discontinue using First National Bank of Menahga & Sebeka s Internet Banking, contact FNB in writing. We may at any time terminate your Internet Banking service. If we terminate this Agreement or your use of the services, we reserve the right to make no further Payments or Transfers from your account(s), including transactions you have previously authorized. On a joint bank account, either account holder is authorized to terminate this Agreement or Services. We are not responsible for notifying any remaining account holders of such termination. If you terminate this Agreement or your use of the Services, you authorize us to continue making Payments and Transfers you have previously authorized until such time as we have had a reasonable time to act upon your termination notice. To ensure that no recurring payments are made in the interim, you must cancel such payments; otherwise, we will continue to make such payments until we act on your request. Once we have taken action on our termination, we will make no further Payments or Transfers. If you close the payment account, you must notify us and identify a new payment account for the selected services. See contact information below. We may cancel your Bill Pay service at any time if you have insufficient funds in the payment account for our fees or for bills you have chosen to pay. To terminate your Internet Banking Services, call First National Bank of Menahga & Sebeka immediately at or write to: First National Bank of Menahga & Sebeka ATTN: Internet Banking PO Box 250 Menahga MN 56464
8 20. Limitation of Liability. Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by First National Bank of Menahga & Sebeka s Internet Banking Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment. 21. Assignment. You may not transfer or assign your rights or duties under this Agreement. 22. Governing Law. The laws of the state of Minnesota shall govern this Agreement and all transactions hereunder. Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby. 23. Amendments. We can change a term or condition of this Agreement by mailing or delivering to you via a written notice at least thirty (30) days before the effective date of any such change. We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account. However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account. Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or address in which you authorized to receive such notices and/or disclosures. 24. Indemnification. You, in consideration of being allowed access to First National Bank of Menahga & Sebeka s Internet Banking Services, agree to indemnify and hold First National Bank of Menahga & Sebeka harmless for any losses or damages to the FNB resulting from the use of the Services, to the extent allowed by applicable law. 25. Security Procedures. By accessing the Services, you hereby acknowledge that you will be entering a protected web site owned by First National Bank of Menahga & Sebeka, which may be used only for authorized purposes. FNB may monitor and audit usage of the System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on our web site is strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of Fees, Charges and Inactivity First National Bank of Menahga & Sebeka does not charge a fee for setting up, maintaining, or using our Internet Banking Service. See below for Image Fees and Bill Pay fees. 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
9 provided by law or your Deposit Account Agreement or we may cancel your Bill Pay service. Any applicable fees and charges will be charged regardless of whether you access or use a service during the billing cycle. You will be notified at 30 days prior to any fee changes being implemented. Please refer to our Fee Schedule for other fees that may be assessed against your account such as Stop Payment request or overdraft fees. Charges shall be automatically deducted from your account, and FNB shall provide a monthly notice of such debit(s) on your statement. Image fees You may view or print images of your checks online. There are no fees for this service as of Bill Pay fees You may pay up to 10 bills per month with Internet Bill Pay for a $5.00 monthly fee. The fee is $.50 for each bill thereafter. Fees are charged to your checking account on the last day of each month. You must designate one Account as the account from which all of your Internet Banking service fees and charges will be paid on the last day of each month. If this account does not have sufficient funds, we may choose to take the funds from another of your accounts or cancel your Bill Pay. These fees include, without limitation, any service fees for third party services accessed through Internet Banking. 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 Internet Banking, including, but not limited to, local or long distance telephone charges, Internet access fees and any other charges that may be assessed and billed separately. FNB will disable Internet access to your account if you have not accessed your account through the Internet for a consecutive 180-day period. Once your Internet access has been deactivated and you wish to reinstate the service, you may reapply for the service online. A fee may be assessed to re-instate Internet banking privileges. 27. How to Apply Click the Enroll button on the home page. Complete the secure application form, read the agreement, and click on the Accept button to accept the terms. We recommend that you print out and read the agreement. If you have used our Telebanc system in the past, your User ID will be your main checking account number and your temporary password will be your Telebanc pin. If you have not used our Telebanc system, the system will give you an option to choose a User ID and your temporary password will be the last four digits of your social security number. Each individual who has access to First National Bank of Menahga & Sebeka s Internet Banking, including each individual name on joint accounts, must designate a Password and User ID. On a joint account, the User ID is your checking account number. If there is a second individual on the account who wishes to have access to Internet Banking, the User ID cannot be the same account number. A User ID must be at least 6 characters, up to a maximum of 17 characters, (either alpha or numeric, or a combination of the two). To enhance security, you are advised to change your password periodically. 28. Log-in Instructions a). You can access FNB Internet by clicking Internet Banking located on the home page.
10 b). On the Logon screen, enter your User ID Code. Once entered, click on the Submit button. c). If logging in for the first time, you will be directed to a Change Password screen. Re-enter your current Password. Tab down to the New Password field and type your self-generated 8-17 character alphanumeric password (minimum 8-character; 2 must be lower case alpha, 2 must be numeric.) Tab down to the next field and confirm your new password by re-typing it. Click on the Submit button. The system will lead you through our Multi-Factor Authentication process. You will be shown an image and asked to type in a pass phrase. You will also be asked three challenge questions. Once this is all established, any time that you use the FNB Internet Banking service in the future, you will enter your User ID. The system will show you the image and pass phrase. If they are not correct, you need to exit the system. If they are correct, you will put in your password and continue into the system. (You can change the image and pass phrase later on if you wish to.) d). You should now be directed to your FNB Internet Banking page. A list of your accounts should be seen on this page; clicking on the corresponding account number can access each account. There is a Help button at the top of each page for assistance when using the Internet Banking program. If you experience any problems trying to logon to FNB, please contact us by phone at You will be locked out of the service after entering several invalid passwords Acceptance of Agreement and Signature When you click the "Accept" button below, it constitutes your written signature and approval of, and agreement to, be bound by the terms of this Agreement and all supporting disclosures. If you do not accept these terms, please click on the "Decline" button to return to the Internet Banking Services Page of our website.