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Merchants Bank Online Banking Agreement
Revised: 01/28/2015


The terms of this Online Banking Agreement (Agreement) apply to your access to and use of the Online Banking Service (the Service) we make available to you.  By accessing and using the Service in any manner, you accept and agree to be bound by the terms of this Agreement and terms and conditions, agreements and disclosures associated with accounts that you access using the Service. In this Agreement the words “we”, “our”, and “us” mean Merchants Bank and the words “you” and “your” mean the user of the Service or account holder of one or more checking, savings or loan accounts with Merchants Bank.

Accessing the Service 

To use the Service you need a personal computer (PC), access to an Internet Service provider, an Internet Browser with 128-bit encryption technology, and at least one eligible account.  You agree to use the most recent version of your Internet Browser and other PC software in order to benefit from the strongest encryption and security technology available.  You are responsible for installation, maintenance, and operation of your browser software, PC, Internet connection device, etc.  We are not responsible for any error, computer virus, failure, damages or loss you may suffer due to malfunction or misallocation of any PC or system you use, including your browser, your Internet Service Provider, your software, or any equipment you may use to access the Service or communicate with us.

The Service is generally available 24 hours a day, 7 days a week; however, the Service may be unavailable from time to time for routine software and hardware maintenance.

Security

There will be three unique identifiers to help you protect the security of your information and accounts. Those identifiers are the Access ID, the Password and the verification of your computer. For first time login, you will use a temporary Password. You will then be prompted to enter a new Access ID and Password.  Your password will be a string of between six (6) and 14 alphanumeric characters containing at least one letter and at least one numeric digit. You acknowledge and agree that your Access ID and your Password, when used in connection with the Service, which includes the verification of your computer, identifies and authenticates you as the user of the Service and authorized signer on the account(s) accessed, has the same legal effect as your signature, will be relied upon by us, and shall constitute your authorization to complete the transactions affecting your accounts initiated through the use of the Service.  You agree that your Access ID and your Password are personal and confidential, that they are a security measure used to help you maintain the security of your accounts, and that you will take reasonable precautions to protect the confidentiality of your Access ID and your Password, including not disclosing either identifier to any other person.

You can ensure confidentiality by selecting an Access ID and Password that is not easily guessed, changing your Access ID or Password periodically or when you think it has been compromised and contacting the bank immediately, and logging off your computer when unattended.

Description of Services

You may use the Service to view account balances, transaction history, with check images, transfer funds between eligible online accounts, and perform bill payment. Any transfer done before 5:00 pm (eastern time) will be processed on the current business day.  Any transfer done after this cutoff time will be processed on the next business day.  The number of transfers to third parties from savings or money market accounts are limited pursuant to the terms of the applicable deposit agreement and disclosure, which you acknowledge receipt.

You may activate the bill payment feature of the Service using an eligible checking account.  We shall not be responsible for any delays in the delivery or the non-delivery of any bill payment to the payee or the delayed or improper crediting of your payment by the payee that may result from your failure to provide accurate information concerning the payee.  It shall be your responsibility to schedule bill payment sufficiently in advance of the due date so that the payment will be received and processed by the payee prior to any due date.  To avoid late charges from the payee, it is necessary that you initiate your payments no less than five (5) days in advance of the due date. Some payees do not accept electronic bill payment and therefore your payment will be made by check requiring longer delivery time. Initiate payment to these payees’ ten (10) business days in advance of the due date. We will not be responsible for late fees, interest charges, or penalties assessed by the payee as a result of late payments.

Account balances viewed through the Service are as of the close of the previous business day; therefore information may not include transactions not yet recorded. Consider this when performing transfers from your account. We will not be liable for any transfers where you do not have sufficient or available funds to make the transfer.

Accounts that require two (2) or more signatures for withdrawal purposes will be available to view only. You will be unable to make transfers and are not eligible for bill payment services.  Non-personal accounts must have a common owner(s) or signer(s) and such signer(s) must be the same on all eligible accounts.

Consumer Liability for Unauthorized Transfers

Tell us at once if you believe your Access ID or Password (your Code) has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning us at the number listed above is the best way of keeping your 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 after you learn of the loss or theft of your Code, you can lose no more than $50 if someone used your Code without your permission. Also, 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. 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 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 period.

Refer to the Electronic Funds Transfer disclosure that you received when you opened you deposit account(s) and the back of your account statement for additional information.

Fees for the Service

You agree to pay the fees and charges for the Service as set forth in the current Schedule of Services and Charges, which may change from time to time, and that you acknowledge receipt of. You agree that the checking account designated for bill payment will be charged for any or all fees for that service. You are also responsible for telephone, Internet service and other third party fees you incur in connection with your use of the Service.

Inactive Service

Services not accessed for 180 days consecutively will be considered inactive and may have the service cancelled without further notice.

Termination

You have the right to terminate your Service at any time upon delivery of written notice to us.  You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.  We may at any time, with or without cause and without prior notice to you, deny you access to the Service.  In the event we terminate this Agreement, any transactions or payments, which you have scheduled to occur on a future date or on a recurring basis, will not be completed as scheduled.

Information About E-mail

Certain areas on our website allow you to submit information to us via e-mail.  Sending e-mail this way is an avenue to communicate with us.  We will collect and retain the e-mail address, along with information contained in the message, and will use it to follow-up with you and to meet legal and regulatory requirements.  Please be advised that e-mail messages you send may not be secure against interception by unauthorized third parties.  Therefore, you should avoid sending any confidential or sensitive information to us by e-mail.

Terms and Conditions for Mobile Banking

Thank you for using the Mobile Money Services (“Services”) and any related Software (“Software”) provided by Merchants Bank (“Financial Institution”) combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Service is a part. Financial Institution in its discretion may modify these Terms and Conditions at any time. Standard messaging charges apply

Terms and Conditions:

a. Program: Financial Institution offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user's banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time. 

b. Questions: You can contact us at “www.merchantsbangor.com.” or 610-588-0981, or send a text message with the word "HELP" to this number: 96924.  We can answer any questions you have about the program. 

c. To Stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 96924. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider

Privacy and User Information.  

You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”).  The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content. 

Restrictions on Use.  

You agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:  (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;  (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Financial Institution (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of  Financial Institution or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose  Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of  Fiserv or any third party.  You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

Mobile Deposit Capture.

Mobile deposit allows you to make a check deposit through the Service by photographing the front and back of the check using your smart phone (iPhone or Android) and delivering the image to your account.

Eligibility will be determined by the Financial Institution. You are designated as eligible when the Deposits menu displays on the downloadable app.

For security purposes, deposit limits will be imposed. If you attempt to initiate a deposit in excess of these limits, the Financial Institution may reject your deposit. Deposits may also be rejected if the following are not readable on the image: (i) the amount of the check, both written and numeric, (ii) the payee, (iii) the signature of the drawer (maker), (iv) the date, (v) the check number, (vi) the information identifying the drawer and the paying financial institution, which must be preprinted on the check including the MICR line, and (vii) a proper endorsement applied to the back of the check.

Deposits are subject to Your Deposit Terms and Conditions, Your Ability to Withdraw Funds, and other agreements and disclosures governing your deposit account.

The Financial Institution is not responsible for deposit delays that may result from image quality, deposit limits, third party processors, and other reasons outside of the Financial Institutions control.

You agree that you will not use the Service to deposit any check not payable to the account owner, contains obvious alteration to any of the fields, or which you know or suspect are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn, was previously converted to a substitute check, is drawn on a financial institution located outside the United States, or is not payable in United States currency.

Upon receipt of a confirmation from the Financial Institution of receiving the check image, you agree to mark the check VOID. When requested, you agree to promptly provide the original check to the Financial Institution to aid in resolving any clearing or collection disputes. You agree to destroy or otherwise dispose of the check ten (10) days after the check has cleared in a secure manner rendering it unreadable, including the maker’s name and account number encoded on the bottom of the check.

You will ensure that your mobile device remains securely in your possession; and you agree not to share your Log In credentials with anyone. You agree to notify the check maker immediately if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction.

You understand the fees may be charged for the Service as disclosed on the Financial Intuition’s website, www.merchantsbangor.com, or on the Schedule of Services and Charges, and are in addition to any fees charged by your wireless carrier.