Serving Dodge, Fond du Lac & Winnebago Counties

Bristol Morgan Bank Online Banking Agreement

Agreement

This agreement (the "Agreement"), is a contract which establishes the rules which cover your electronic access to your accounts at Bristol Morgan Bank ("Bank") through Bristol Morgan Bank’s Online Banking Service (the "Service"). By using Bristol Morgan Bank’s Online Banking service, you agree to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of the disclosures contained in this Agreement. Please read this Agreement carefully and keep a copy for your records.

The terms and conditions of the deposit agreement and disclosures for each of bank accounts as well as your other agreements with the Bank such as loans or safe deposit box, continue to apply notwithstanding anything contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Wisconsin. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement.

CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below, you are (1) acknowledging your receipt of the information listed below, (2) agreeing that any contract you enter into with Bristol Morgan Bank for the provision of certain Online Banking Services, may be in electronic form, and (3) agreeing that certain information that may be delivered in connection with the Service may also be in electronic form.

You are also acknowledging receipt of the following information and agree that: We may provide you with this Agreement and any revisions and amendments thereto in electronic form, and that, if you choose to accept the Agreement, you are consenting to enter into and are entering into an agreement electronically that will govern all future transactions you conduct using the Service.

We may provide you revisions and amendments to the Agreement and such other information, (including but not limited to information under Regulation E and under other applicable banking or financial services laws or regulations in connection with the Service), electronically as a part of the Agreement or otherwise as a part of the Service. While you may print and retain a copy of the Agreement or any information provided to you in relation to the Service, we only provide these documents electronically.
You have a right at any time to withdraw, without service charges, your consent to receive information electronically. However, because the Agreement and the Information are provided only in electronic format, your withdrawal of consent will terminate all of the Online Banking Services.
If you wish to withdraw consent to receive information electronically, to terminate the Service, or to update your information such as a change of address, or email address, you may call Bristol Morgan Bank at (920) 583-3191 or toll free at 1-888-852-3191, or send a letter to:


Bristol Morgan Bank
Attention: Operations
103 S Main St PO Box 128
Oakfield, WI 53065

Definitions

The Agreement includes certain disclosures for electronic funds transfers and terms and conditions governing the use of available online services offered through Bristol Morgan Bank’s Online Banking system. As used in this document, the words "we," "our," and "us" mean Bristol Morgan Bank and assigns the words "you" and "your" to mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. "Account" or "accounts" means your accounts at Bristol Morgan Bank. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, and transfers to and from your Bristol Morgan Bank accounts using Bristol Morgan Bank’s Online Banking system, including bill payments. "Bristol Morgan Bank’s Online Banking system" means the System and services provided pursuant to this Agreement, including the Bill Payment Service. "Business days" means Monday through Friday; holidays are not included.

Access

To use Bristol Morgan Bank’s Online Banking Service, you must have at least one active account in good standing at Bristol Morgan Bank, access to Internet service, and an e-mail address. You must be 18 years of age or older and a resident of the United States or its possessions. You will need an access ID and password to gain access to your accounts using the Service. During enrollment you will create and confirm a password which you will use to gain access to the Service, in conjunction with your assigned access ID. You should protect your password at all times and change it on a regular basis. You agree to keep the password safe and to not record, disclose or make the password available to anyone. Anyone who has access to your password will have full access to your accounts and the services you can perform on the Service. You have no ability to limit any such person's authority. If anyone uses your password with your permission, you will be responsible for any transactions performed by that person.

Bristol Morgan Bank’s Online Banking system Services

You can use Bristol Morgan Bank’s Online Banking Service to check the balance of your accounts at Bristol Morgan Bank, view account histories, transfer funds between your accounts, make loan payments and pay your bills from your accounts in the amounts and on the dates your request if you have requested the Bill Payment Service. You can elect to receive eStatements and place stop payment orders on checks. Current balance includes pending transactions are updated throughout the day.

Hours of Access

You can use Bristol Morgan Bank’s Online Banking Service seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to emergency or system maintenance. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

Your Password

For security purposes, you are required to create your User ID and password upon your initial login to Bristol Morgan Bank’s Online Banking Service. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Anyone who has access to your password will have full access to your accounts and the services you can perform using the Service. If anyone uses your password with your permission, you will be responsible for any transactions performed by that person.

Upon three (3) unsuccessful attempts to use your password, your access to Bristol Morgan Bank’s Online Banking Service will be temporarily disabled. To re-establish your authorization to use the Service, you must contact us to have your failed login attempts cleared or to obtain a new temporary password.

Passwords must be 8 - 17 characters with a minimum of one upper case, one lower case, one numeric character and one special character. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

NIETHER THE BANK NOR ITS SERVICE PROVIDERS WILL CONTACT YOU VIA TELEPHONE OR E-MAIL REQUESTING PERSONAL INFORMAITON, YOUR USER ID, OR YOUR PASSWORD. IF YOU ARE CONTACTED BY ANYONE REQUESTING THIS INFORMAITON, PLEASE CONTACT THE BANK IMMEDIATELY.

Security

Security Information (Our Procedures)
Our Service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. In addition to our login security which incorporates multi-factor authentication (i.e. access IDs, passwords, challenge questions), we use secure socket layer (“SSL”) encryption technology that ensures all data passed between your web browser and our Service remains private.

Your browser automatically activates this technology when it attempts to connect to our Service and it will support the 128-bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by displaying a small padlock icon as locked. Your communications are encrypted from your browser to our servers at all times, so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually talking to our servers instead of someone pretending to be us.

There is a 20-minute default time limit on any Online Banking session. If your Online Banking session is inactive for 20 minutes the Online Banking session will end and you will need to log in again.

Data transferred through the Service is encrypted in an effort to provide transmission security. The system utilizes identification technology to verify that the sender and receiver of system transmissions can be appropriately identified by each other.

You agree that these procedures are a commercially reasonable method of providing security against unauthorized payment orders or other transactions and that these procedures are not for detection of errors. We reserve the right to change any process from time to time to implement new measures that are recommended in the industry to respond to new or increased threats.

Security Information (Your Obligations)

You understand the importance of your role in preventing misuse of your accounts through the Service, and you:

  • Agree to promptly examine any statement you receive or that we make available to you for each of your accounts in a timely manner;
  • Agree to protect the confidentiality of your account, and expressly assume responsibility for any transaction conducted by anyone who uses your password with your permission or any Losses that result from the actions (or inactions) of you or anyone who uses your password with your permission;
  • Understand that certain identification information by itself or together with information related to your account may allow unauthorized access to your accounts;
  • Acknowledge that, notwithstanding our efforts to ensure that the Service is secure, the Internet is inherently insecure and that transmission of electronic mail occurs openly on the Internet and can potentially be monitored and read by others;
  • Understand and acknowledge that we cannot and do not warrant that email transmitted to and from us, will not be monitored or read by others;
  • Understand and agree that we are not responsible for any electronic virus or viruses that you may encounter;
  • Agree to routinely scan your computers and diskettes using a reliable virus detection product to detect and remove any viruses, but understand and acknowledge that there are certain viruses, malware, etc., which may not be detectable by commercially available software and agree that the Bank shall have no liability for any such intrusions, except as otherwise set forth herein;
  • Agree to install, maintain, update and utilize industry standard security products that are appropriate for you, including, without limitation, firewalls, anti-virus protection software, anti-spyware protection, operating systems and applications with the latest patches, and a browser product that indicates the web site you are on; and

Agree to comply with the password requirements set forth herein, as such password requirements may be changed from time to time, and to employ reasonable steps in selecting, maintaining, and protecting passwords and other codes and access devices related to the Services and your accounts.

Fees and Charges

Bristol Morgan Bank will not charge you a fee for accessing your accounts through Bristol Morgan Bank’s Online Banking Service. However, your Bristol Morgan Bank accounts are subject to any fees and charges normally assessed with your accounts as set forth in the account disclosures. You agree to pay any additional reasonable charges for services you request that are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of Bristol Morgan Bank’s Online Banking system.

Posting of Transfers

Transfers initiated through Bristol Morgan Bank’s Online Banking Service before 5:00 p.m. (Central Standard Time) on a business day are posted to your account the same day. Transfers completed after 5:00 p.m. (Central Standard Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day.

When you schedule a funds transfer or bill payment using the Service, you authorize the Bank to withdraw the necessary funds from your account with the Bank. The Bank may charge payments or funds transfers against the account even though such charge or transfer creates an overdraft, or the Bank may refuse to make such withdrawals if such charge or transfer creates an overdraft. If you overdraw your account, you agree to immediately pay the Bank the overdrawn amount, together with any applicable fees.

Limits on Amounts and Frequency of transactions

The number of transfers from bank accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Stop Payment Orders

You may place stop payment orders on checks using the Service. When placing a stop payment order, you agree to indemnify us and hold us harmless for all losses incurred by us due to our refusal to pay the check. You acknowledge that, under the law, there are some situations where a check can be enforced against you even though you ordered us to stop payment. In such instances, we will not be liable to you for refusing to enforce your stop payment order. We will not have a duty to stop payment until you have given us the number, the exact amount of the item and the name of the payee. In addition, we must have had a reasonable opportunity to act on your stop payment order prior to the earlier of our payment of it or one hour after the opening of the next business day after the business day we received it. The information we require you to submit in connection with your stop payment order must be exactly correct to enable our computer system to match the payment to be stopped to your stop payment order.

A stop payment order on a check is effective for six months unless you renew the notice in writing within that time, in which case the stop payment order will be effective for an additional six month period. At our option, we may continue stop payment orders beyond these time periods unless cancelled by you. Stop payment orders received after regular banking hours or on a holiday shall be deemed received at the opening of business on the next business day.

If we pay an item despite your timely stop payment order, the following rules will apply: (a) you will have to prove to us that you have suffered a loss and, if so, the amount of the loss; (b) we will be able to enforce any rights that the original payee or any other person who held the check had against you; (c) we will not re-credit your account until you prove your loss and we are satisfied that we are required by law to do so; and (d) if we re-credit your account, you agree to sign a statement describing the dispute with the payee or other holder of the check, to transfer to us all of your rights against the payee or other holder of the check, and to assist us in legal action taken against that person. A stop payment order will be released only upon written request from the account owner who authorized the stop payment order to be placed.

Confidentiality

We do not reveal specific information about your accounts or other personally identifiable data to parties outside Bank for their independent use unless:

  • You request or authorize it;
  • The information is provided to help complete a transaction initiated by you;
  • The information is provided to a reputable credit bureau or similar information reporting agency;
  • The disclosure otherwise is lawfully permitted or required.

There are many state and federal laws that require us to disclose information to various government entities. Some examples of these laws are the Bank Secrecy Act, the Internal Revenue Code, and the Right to Financial Privacy Act. There are many other laws and regulations that require us, and our contractors and service providers, to disclose information. In addition, if you are involved in a legal proceeding, state and federal law provide the parties to the litigation with the right to obtain records and information from us. In all these instances, we will disclose the information whenever required to do so by law, regulation, lawful judicial or administrative process, or court order.

Periodic Statements

You will not receive a separate Bristol Morgan Bank’s Online Banking Service statement. Transfers to and from your accounts using the Service will appear on the respective periodic statements for your Bristol Morgan Bank accounts.

Change in Terms

We may change any term of this Agreement at any time. If the change would result in increased fees for any of Bristol Morgan Bank’s Online Banking Service services, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 21 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer system. We will post any required notice of the change in terms on Bristol Morgan Bank's web site or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject Bristol Morgan Bank’s Online Banking Service services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures.

Unauthorized Transfers

CONTACT US AT ONCE if you believe your Bristol Morgan Bank’s Online Banking Service password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum Overdraft Protection Line of Credit, if any). If you contact us within 2 business days, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within 2 business days after you learn that your password has become known to an unauthorized person and we can prove we could have stopped someone from using your password 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, CONTACT 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 through transactions made after the 60 day time period 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 hospital stay) kept you from contacting us, we may extend the time periods.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments - Contact us as soon as you can, if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us:

Tell us your name and account number. Describe the error or 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. Tell us the dollar amount of the suspected error. If the suspected error relates to a bill payment made via Bristol Morgan Bank’s Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, ID number, and the payee account number for the payment in question. If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in writing by postal mail or fax within 10 business days.

We will communicate to you the results of our investigation within 10 business days after you contact us 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 provisionally 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 provisionally credit your account.

If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.

Our Liability for Failure to Make a Transfer

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 when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. 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 a transfer.
  • If a legal order directs us to prohibit withdrawals from the account.
  • If your account is closed, or if it has been frozen.
  • If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
  • If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
  • If any electronic terminal, telecommunication device, or any part of Bristol Morgan Bank’s Online Banking Service electronic fund transfer system is not working properly and you knew about the problem when you started the transfer.
  • If you have not properly followed the on-screen instructions for using Bristol Morgan Bank’s Online Banking Service.
  • If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.

Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with Bristol Morgan Bank’s Online Banking Service provided to you under this Agreement. We do not and cannot warrant that Bristol Morgan Bank’s Online Banking Service will operate without errors, or that any or all Bristol Morgan Bank’s Online Banking Service services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to Bristol Morgan Bank’s Online Banking Service, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Bristol Morgan Bank and its affiliates exceed the amounts paid by you for the services provided to you through Bristol Morgan Bank’s Online Banking Service.

Your Right to Terminate

You may terminate this Agreement and your use of Bristol Morgan Bank’s Online Banking Service at any time by calling the Bank at 1-888-852-3191 or by sending a written termination notice to Bristol Morgan Bank, 103 S Main St, PO Box 128, Oakfield, WI 53065. Your access to Bristol Morgan Bank’s Online Banking Service will be suspended within 3 business days of our receipt of your instructions to cancel the service. You authorize us to complete funds transfers until we have had a reasonable opportunity to act upon your termination notice. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate

You agree that we can terminate or limit your access to Bristol Morgan Bank’s Online Banking Service for any of the following reasons;

  • Without prior notice, if you have insufficient funds in any one of your Bristol Morgan Bank accounts. Bristol Morgan Bank’s Online Banking Service access may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
  • Upon reasonable notice, for any other reason in our sole discretion.
  • If you do not use Bristol Morgan Bank’s Online Banking Service for any six (6) month period, we reserve the right to terminate this Agreement and your use of Bristol Morgan Bank’s Online Banking Service without notice. Termination will not affect your liability or obligations under this Agreement.

Electronic Mail (E-Mail)

If you send Bristol Morgan Bank an electronic mail message through the Service, Bristol Morgan Bank will be deemed to have received it on the following Business Day. E-mails will be answered within a reasonable timeframe.

You should not rely on electronic mail if you need to communicate with Bristol Morgan Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

You agree that Bristol Morgan Bank may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Bristol Morgan Bank shall be considered received within three (3) days of the date sent by Bristol Morgan Bank, regardless of whether or not you sign on to the Service within that time frame.

Alerts/Messages

Internet banking alerts allows you to set up automated alert events based on your own criteria to be alerted upon. Alerts may be sent via email; in an online message box within Internet banking, or via mobile phone message. E-mail alerts will be sent to the e-mail address you provide in creating the alert. Mobile phone message will be sent to the phone number you provide in creating the alert.

Bristol Morgan Bank may add or remove types of alerts from time to time.

If you change your e-mail address or phone number you are responsible for changing this in the alerts you have already set up.

You agree that alerts may be delayed or prevented for a variety of reasons.

We do not guarantee the delivery or validity of the contents of any alert.

You agree that we shall not be liable for any delays, delivery failure or misdirected delivery of any alert.

You agree that we shall not be liable for any actions taken or not taken by you or anyone else in reliance of an alert.

The bank will never include your password or full account number in an e-mail or mobile alert; however you understand that alerts may include your name and some information about your accounts.

Communications between Bristol Morgan Bank and You

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

E-mail - You can initiate an electronic communication through the Service.

Telephone - You can contact us by telephone at 920-583-3191 or toll free at 1-888-852-3191

Facsimile - You can contact us by fax at 920-583-8419

Postal Mail - You can write to us at: Bristol Morgan Bank, 103 S Main St, PO Box 128, Oakfield, WI 53065

In Person - You may visit us in person at any of our locations.
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