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AGREEMENT: INTERNET
BANKING
DEFINITIONS:
"You"
and "Your" mean each of the depositors or loan customers who
have signed the "Internet Banking
Application." "Us," "We" and "Our"
mean Exchange National Bank. "Internet Banking" refers to the
services
provided by us, from time to time, which can be accessed by you via the
Internet. "Services" refers to
information provided, rates, products, balance transfers, bill payment
services and any other services we offer
for which you are approved. Our current service provider is Jack Henry
& Associates. "Business Days" means
Monday through Friday and excludes legal holidays.
AGREEMENT:
Contracts and disclosures that you have already received, such as
limitations on transfers from savings
accounts, your deposit agreement with us, funds availability, payment
of interest, fees, Truth-in-Savings
and Electronic Funds Transfer remain in full force and effect. The following
provisions relate only to Internet
Banking and are in addition to those provisions. Parts of this agreement
are the application which you signed,
Internet Banking agreement and the Electronic Funds Transfer Disclosure
for Internet Banking. Another
important document is our Privacy notice, which you will receive with
your Personal Identification Number
and other materials that will allow you to use the services.
This
agreement is subject to applicable Federal and Kansas law. Federal law
and regulation shall apply first,
with any further interpretation made in accordance with Kansas State law.
If any part
of this agreement is
found by a court of proper jurisdiction to be unenforceable, all other
provisions will remain in effect.
This
agreement is binding upon you and your heirs. This agreement cannot be
assigned by you. If we choose
not to enforce a provision of the contract, it does not mean that we will
not later enforce it (we cannot waive
contract provisions by practice). Any changes to this agreement will be
in writing. We may change this
agreement by sending you notice at least 21 days before the change is
effective. You agree that you are not
relying on any other representations or understandings other than those
contained herein.
PASSWORDS,
PERSONAL IDENTIFICATION NUMBERS (PINs)
AND AUTHORIZED USERS AND SECURITY ISSUES:
You agree
that the services will be accessed by use of a password and PIN. You agree
that if any accounts
listed are joint accounts that all account holders and other authorized
persons have signed the Internet
Banking Application (such as co-signers, co-borrowers or surety/guaranty
on loan accounts or authorized
signers or joint account holders on deposit accounts). You agree not to
make a claim against us for any of
your actions and to hold us harmless from any such actions or transactions,
as to damages of any kind,
including attorney's fees. By use of your password and PIN, you agree
that you have received, read and
understand this agreement, Electronic Funds Transfer Disclosure, our "Questions
and Answers" link found
on our online banking link and our Privacy link found on each page of
our web site.
Your
password and PIN should be kept secret by you. You are solely responsible
for their use. They may be
revoked if improperly entered three times. Contact us for instructions
if this should occur.
You will
ordinarily have access to services at all times. You understand, however,
that system maintenance or
other problems, such as phone system outages or equipment problems may
occur, causing Internet Banking
to be temporarily unavailable.
Passwords,
PIN numbers and encryption are some of the devices we use to protect your
information. We take
security of your information seriously and you should, too. You should
be aware that in spite of security
measures that can be taken, when data is transmitted, it can be intercepted.
Therefore, we cannot warrant that
your transmissions, particularly e-mail, are secure. For this reason we
do not recommend sending sensitive
personal information by e-mail.
GENERAL
INFORMATION:
Although
the only service for which we currently charge a fee for is "Bill
Payment," we reserve the right to alter
this fee schedule in the future. Refer to the fee schedule on the application
for online banking or go to Moonlight
Banking at www.enbkansas.com for the fee schedule.
You understand
that we do not warrant that any hardware or software you own can access
the services and
that you are solely responsible for fees you may incur in order to use
the services (i.e., phone or Internet
provider fees).
You also
understand that we reserve the right not to affect transfers and payments
made via Internet Banking:
 When
available funds in the account are insufficient to affect the transfer
or payment. This could be
due to legal process, because we placed a hold on your account, other
transactions such as cash withdrawals,
which take priority, have occurred or if an overdraft would have occurred
if the transaction would have been
completed. We also reserve the right to overdraw the account and assess
our current overdraft charge.
 Your
regular periodic statement will reflect all transactions done through
Internet Banking.
 We
require that all stop payment requests be confirmed in writing, signed
and returned to our bank.
Payments you authorize electronically cannot be stopped, with the exception
of pre-authorized transfers.
 We
will take reasonable steps to make sure that Internet Banking is a secure,
accurate and available
service. We cannot, however, warrant that Internet Banking will be error-free,
unbreachable through efforts
of "hackers" and others, or available at all times without fail.
You agree to hold us harmless from any loss
of any kind resulting from these circumstances or any others resulting
from the use of Internet Banker Services.
INTERNET
BANKING ELECTRONIC FUNDS TRANSFERS RIGHTS AND RESPONSIBILITIES
This disclosure
is in addition to and should be read with the "Electronic Funds Transfer;
Your Rights and
Responsibilities" that you received when opening your accounts.
Electronic
Funds Transfers that we allow to be conducted over the "Internet
Banking" and "Bill Pay" systems
are enumerated below. Make sure you carefully read and understand this
disclosure. It contains important
information about your rights and responsibilities when these services
are used. You may not have all
of these services available to you. Please keep a copy of this important
information.
Types
of transfers, services, limitations, fees:
 1. Review
balance and account information on loan and deposit accounts, no limitation,
no fee.
 2. Review
history on loans and deposits, no limits, no fee.
 3. Transfer
funds between deposit accounts, limits apply to the number of transfers
on savings accounts
(see number 1 below), no fees.
 4. Transfer
funds from deposit to loan accounts (make payments), no limits, no fees.
 5. If
you use the "Bill Pay" service, there are no limitations and
a monthly fee is assessed. Refer to the
fee schedule on the application for online banking or go to Moonlight
Banking at www.enbkansas.com for the
fee schedule.
Other
exceptions to our liability:
 If
you knew that your equipment or our equipment was not working properly
and you attempted the
transaction anyway;
 If
the balance in your account from which the transaction was attempted was
subject to hold by notice
given to you under our Funds Availability Policy, legal process or any
other legitimate reason;
 If
you did not give complete, accurate or current account numbers or other
identifying information
necessary and prudent for us to have before we could properly credit or
debit your accounts;
 If
you provide inaccurate information or fail to notify us to correct information
that you know to be
incorrect;
 If
you do not allow sufficient time for the transfer to be effected (i.e.,
resulting in overdraft charges or
late fees because the transfer was made after the current business day's
work had been processed);
 Any
damages of any kind for which Federal or Kansas law does not clearly establish
our liability.
TELEPHONE
BANKING ELECTRONIC FUNDS TRANSFER DISCLOSURES
In addition
to Electronic Funds Transfer Disclosures given to you earlier, when you
opened your account,
the following will apply to Exchange National Bank "Telephone Banking":
1. Transfer Types and Limitations:
a. You may use "Telephone
Banking" and your Personal Identification Number (PIN) to:
 Transfer
money between accounts,
 Check
your loan and deposit balances,
 Obtain
information regarding deposit or withdrawal through pre-authorized transfers,
 Transfers
from Savings are subject to the six (6) transaction limit per statement
cycle or month,
with no more than three (3) being transfers to third parties.
b. There are no limits
(other than your "available balance") to the amount or frequency
of transfers
made by Telephone Banking.
2. Fees:
At the present time, there are no fees for using "Telephone Banking."
This does not mean that fees resulting
from previous agreements (such as, but not limited to, exceeding five
(5) transactions per month or cycle on
savings accounts or late fees for loans) will not be charged because the
transaction was through
"Telephone Banking."
3. Your monthly statement will show your Telephone Banking transactions.
4. Liability for Failure to Make Transfers:
You should consult the previous Electronic Funds Transfer Disclosure you
received for general liability.
In addition, we will not be liable for:
 a. If
our equipment or yours was not working properly and this should have been
apparent to you
when you conducted or attempted to conduct the transaction;
 b. If
the money in the account from which a payment or transfer is to be made
is subject to legal process,
for example, a "hold" has been placed on the account because
we doubt the collectability of items deposited
or some other claim restricts the transaction;
 c. You
have not given us complete, correct, or current account numbers or other
identifying information
so that we can properly credit or debit your account or otherwise complete
the transaction;
 d. If
you provide us with inaccurate information or fail to correct or tell
us about any inaccuracy of
which you are aware;
 e. If
you do not instruct us to make the transfer so that it can be credited
by the time it is due:
transactions which are time-sensitive (like loan payments, etc.) which
should be conducted on the business
day (Monday through Friday) before you want the transfer to actually take
place;
 f. Consequential
indirect or incidental damages for which existing law (Federal or Kansas)
does not
establish our liability.
5. Confidentiality:
Refer to those disclosed in the Electronic Funds Transfer Disclosure you
received earlier.
6. Unauthorized Transfers/Error Resolution:
For instances where we share personal information, refer to the Electronic
Funds Transfer Disclosure you
received earlier for liability and notice requirements. Our Privacy notice
is available upon request at our bank.
 a. It
is now a criminal offense, punishable by up to 15 years' imprisonment,
to use an access device
   (including,
but not limited to, someone else's PIN number) to assume someone else's
identity.
Banks
are required to report any instance of this to the proper authorities.
By
clicking "Accept," you are acknowledging that you have read
and agree with the
terms and conditions of this disclosure.
 
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