THE FIRST NATIONAL BANK OF WYOMING
INTERNET BANKING AGREEMENT AND DISCLOSURE FOR CONSUMERS
“NET–BANK”


This Agreement and Disclosure as entered into between The First National Bank of Wyoming (The Bank) and you the customer of the bank set forth our rights and responsibilities as well as your rights and responsibilities as they relate to our Internet Banking (Net-Bank) product. In this agreement, the words “you” and “your” mean those who sign as applicants or any authorized user(s). The words “we”, “us” and “our” mean The Bank.

You should carefully read this agreement in its entirety, the Bank’s Security and Privacy Statement and the Bank’s Fee Schedule as they exist and may be amended from time to time. If you choose to use our Internet Banking (Net-Bank) product or permit anyone else to use this product on your behalf, you agree to be legally bound by the terms and conditions as set forth in this agreement, the Bank’s Deposit Account Agreement and Disclosure and our Fee Schedule.

Other Accounts and Services Including Loan Agreements

The terms and conditions of this agreement are in addition to any other agreement you have with the Bank, including loan and credit agreements, any other services you have agreed to use or choose to use, any signature card you have signed and any change in terms notices that are in effect or may be in effect in the future.

Multiple Account Relationships with Us

If you have more than one account relationship with us, you may “LINK” these relationships together as we permit. Any account that is “LINKED” under our Internet Banking (Net-Bank) product must have common owners and signers. You and any person you authorize to access your accounts through our Internet Banking (Net-Bank) product must utilize a User ID and Password separate from each other.

If as an account holder you have a joint account with us, you are jointly and severally liable under this agreement. Each of you has the ability to access your accounts with us using a separate Password and may perform transactions such as funds transfers, bill payments, obtain information, or even terminate this agreement.

Be advised, we are not required to obtain the consent of, or notify the other one of you about the actions of the other. Both of you release us from any liability for honoring and allowing any transactions or actions initiated by either one of you. Each of you indemnifies and holds us harmless from any and all liability resulting from transactions either one of you initiate.

User ID and Password

The User ID and Password issued to you is for your security. Your User ID and Password are confidential and should not be disclosed to anyone. The first time you enter the Internet Banking (Net-Bank) product, you will be prompted to change your bank issued Password immediately. Passwords should be carefully selected.

We suggest that you stay away from names, dates, and information that may be easily guessed. You may change your password at any time. You agree not to disclose or otherwise make your Password and User ID available to anyone not authorized to access your accounts using the Internet Banking (Net-Bank) product. By doing so, anyone to whom you have disclosed this information to, will have full access to your accounts as stated in your agreement with us. If you forget your Password and/or your User ID, you may contact the Bank by phone or in person. Upon verification, we will provide to you by phone or mail your User ID and/or reset Password. You agree that you will change your Password the next time you sign onto the Internet Banking (Net-Bank) product.  Passwords must be alpha numeric, with at least one upper case and at least one lower case alpha, at least one numeric, and a special character symbol.  Password expire every 60 days, and the customer is required to change the password when prompted.

We may generate a temporary password and send it to the email address you have supplied. It is very important to keep the Bank informed of any email changes. Accounts that have returned email will be marked for email verification. Upon the next customer log on, the email address must be verified and corrected.

In the event the customer cannot remember the correct password, they may request a temporary password from the web site by clicking on the Forgot Password link listed on the password page. Only current active customers may access the link. Accounts locked for security and inactive accounts may not have that option.

Email and Email Notification

Customers are required to keep their email address updated on the web site. Notification of alerts, canceled bill payments, insufficient funds, password resets, etc. are sent to the email address supplied by the customer. Failure to keep the email address updated may result in cancelation of current features available to the logon Id. The Bank will not be responsible for any unsent transactions due to failure to receive notifications.

Customers may contact the bank from the web site by using the Contact Us email link. A response may be sent to the customer using the return address from the email. If the customer has not updated or corrected their email address with the Bank, we cannot reply to their request or question.

Special Notice to Business Customers

Business customers who sign up for and use our Internet Banking (Net-Bank) product to transfer funds and pay bills must remember that should you change signers on your account or have employee turnover, it is your responsibility to change your Password immediately. We will not be held liable for your losses should you fail to properly protect your assets due to negligence in securing your User ID and Password.

If you believe that your Password has been compromised or an unauthorized transaction has been made from your account, you must contact the bank immediately by phone at 302-697-2666, or 866-730-2244, email us at: info@fnbwyomingde.com, or write us at the following address:

The First National Bank of Wyoming
Attn: Internet Banking Department
PO Box 279
Wyoming, De 19934

Computer Requirements

In order to use the Banks Internet Banking (Net-Bank) product, you will need computer equipment and software that is current and up to date. The browsers that are compatible with our Internet Banking (Net-Bank) product are Internet Explorer 4.0 or higher or Netscape 4.0 or higher. You will also need to have 128-bit encryption. We recommend that you upgrade to the latest browser and encryption version of Internet Explorer or Netscape.

You will also need access to the Internet by an Internet Service Provider (ISP) of your choice. You are responsible for the installation and maintenance of your computer equipment and any software thereof. The Bank is not responsible for any errors, failure or non-performance of your computer equipment and/or software, nor is the Bank responsible for any errors, failure or non-performance of your chosen ISP. The bank shall have no liability to you for any damages or other loss, direct or consequential, which you may suffer or incur by the installation and use of your computer equipment and software. We make no warranty to you regarding your computer or software. Any links you choose to use from our site are at your discretion. If you choose to download any information from these sites, you agree to indemnify and hold harmless the bank from any problems you may encounter from doing so. The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with our Internet Banking product. You must register with a third party software vendor in order to download information. Any problems you may experience with downloading your information to a third party software program must be addressed to that vendor.

Virus Protection

The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PC and diskettes using a reliable virus protection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.

Security

The Bank has always and continues to be committed to the security of our customers’ account information and accounts. However, you must take every precaution possible to ensure the safety, security, and integrity of your account information and transactions initiated by using our Internet Banking (Net-Bank) product.

As stated previously, do not disclose your Password to anyone including the Bank or any of our employees. This includes by phone or through the use of e-mail.

Do not leave your User ID, Password or account information in a visible state, this includes on your computer screen. Do not leave your computer unattended while you’re connected to our Internet Banking (Net-Bank) product. If we detect no activity for 15 minutes, we will end your online session. This is to protect you in case you accidentally leave your computer unattended while you are logged on. When you return to your computer, simply re-enter your user ID and Password and continue your session.

We do not recommend you save passwords on your computer. We will not be held liable should you choose to save your Internet Banking password(s) internally. Should you choose to have your password stored in a program, we will not be held liable for any unauthorized use. We will not be held responsible or liable for any losses you incur should you not be able to logon due to passwords stored thru these programs.

After 60 days of inactivity, the security feature will activate and lock the Log On Id from access to the web site. You must call or email the bank to access your account again.

It is your responsibility to observe these guidelines and use prudent security procedures when using our Internet Banking (Net-Bank) product. It is important for you to understand that you may be held liable for the use of your User ID and Password. (See section on Notice of Customer Liability)

PassMark Security

To protect the privacy and the security of your personal information, we are introducing a new security feature. The new security feature uses an image called a PassMark™, and a phrase which helps you to identify that you are at our Web site, not a fraudulent look-alike site. Additionally, the new security feature provides you added safety by helping us to identify you and to prevent unauthorized access to your accounts.

Your PassMark and phrase enable you to identify us over the Internet. When you enroll in our new security feature, you will select a PassMark and a phrase known only to you. Whenever you login we will show you this PassMark and phrase, so you can rest assured that you are accessing our real Web site and not an impostor site.
We can identify you by checking the computer(s) that you are using to access our Web site. Typically you will access our Web site from one or two computers, such as your work and home machines. Either way, our Web site will remember your computer, preventing potential fraudsters from logging into your account even if they acquire or guess your Login ID and password. Should you need to login from a different computer, such as an Internet café, we will take additional steps to verify your identity, through a series of Challenge Questions you set-up at the time of enrollment.

Above all, this new security feature provides a significant increase in your online banking security versus User ID and password authentication without much change in your experience.

If we recognize the computer you are using, your PassMark™ and phrase will be presented to you on the next page. Once you confirm your PassMark™ and phrase, you'll know you can safely enter your Password. If you don't recognize your PassMark™ and phrase, don't enter your Password.

We are providing an enhanced security feature that helps protect you while you access your accounts online. On the Internet today, fraudsters attempt to steal your identity by impersonating the Web sites you trust. We are committed to proactively protecting you, our customer, against such attacks. This new security feature helps us do this.

We will confirm your identity by two authentication “factors.” These factors include:

  • Something You Know (your Login ID and Password)
  • Something You Have (your computer)

We use your computer as the second-factor (something you have). If we cannot confirm your identity or we do not recognize your computer, we will ask you a Challenge Question to which only you know the answer. These Challenge Questions are selected and answered by you when you enroll in the new security feature. If you answer the Challenge Questions correctly, you're identity will be confirmed and you can proceed with login. You can also let us know to recognize your computer for future login.

Customer Education

Featured education is listed on the home page of the web site, in an effort to keep customer's aware of current fraudulent tactics. 

Hours of Internet Banking Availability

Our Internet Banking (Net-Bank) product is available 24 hours a day, 7 days a week. However, the daily processing times listed below will apply:

Funds Transfers – 800 p.m. Eastern Time (ET)
Bill Payments – 3:00 p.m. ET*
Stop Payments – 4:00 p.m. ET*

 

*Bill payments require additional time. Please read the section in this disclosure regarding Internet Banking with Bill Pay.

*Stop Payments must be submitted to us by 4:00 p.m. ET, and will be accessed a stop payment fee.

Our Business days are Monday through Friday. Holidays are not included. Any transactions initiated after the hours indicated above or on Saturday, Sunday or a holiday, will be acted upon or posted the next business day.

Changes and/or Interruptions in Service

On a regular basis, we may perform maintenance on our equipment or system, which may result in interrupted service or errors. We may also change the delivery of our services over our Internet Banking (Net-Bank) product from time to time. This will be done only to improve or otherwise update our products and system for our customer’s use. We will attempt to provide prior notice of any known interruptions and/or changes but cannot guarantee that such notice will be provided. In the event our system is down, other options are available to initiate transactions such as writing a check, using UltraPhone or calling the bank direct.

Enrollment

In order to enroll in our Internet Banking (Net-Bank) product, you must have at least one deposit account with the bank.

Internet Banking Features and Services

There are two parts to our Consumer Internet Banking (Net-Bank) product:

  • Basic Internet Banking – Inquiries, Transfer Funds, etc.
  • Internet Banking with Bill Pay

If you choose Internet Banking with Bill Pay, you must have and designate a checking account as your Bill Pay account. You may not pay bills from any savings or money market account, as these are not transaction accounts.

You may access your account information by using a specific Internet User ID and Password. At the present time you may use the system to:

  • Perform account inquiries on checking, savings, certificates of deposit, and loan accounts
  • Obtain statement transaction detail on your accounts (where applicable)
  • Transfer funds between your deposit accounts and/or loan accounts
  • Initiate instructions for placing a stop payment on your checking account
  • Submit a check re-order request
  • Send e-mail messages to the bank
  • Set up recurring transfers between deposit accounts and/or loans
  • Choose to receive high or low balance alerts by email
  • View check image
  • Submit Change of Address

Bill Payment:

  • Initiate bill payments to any merchant or vendor you choose in the United States.
  • Set up recurring bill payments for same dollar amounts
  • Cancel your bill payment before end of day processing.

All transactions initiated through our Internet Banking (Net-Bank) product will receive a transaction number. It is important to print this number when completing your transactions, as it will be used should questions arise regarding a specific transaction.

From time to time the bank may introduce new services to our Internet Banking (Net-Bank) product. We will notify you when these services become available. If you choose to use any new service we may offer, you agree to be bound by the rules governing the new service both in this disclosure and our Deposit Account Agreement and Disclosure or any related agreement you have with us. If a disclosure is required to be given to you, we will deliver said disclosure either by mail or post it on this web site.

No Signature Requirement

When any payment or other on-line service generates items to be charged to your account, you agree that we may debit the designated account without requiring your signature on the item and without any notice to you.

Limitations on Frequency and Amount

Federal regulations state that your ability to transfer funds between certain accounts is limited. You may not make more than six (6) transfers from a savings or money market savings account during a given monthly statement period. In the case of a money market savings account, no more than six (6) of such transfers may be made by check. Recurring transfers are included in these.

There are no limits on the number or dollar amount of transfers or payments you make from your checking account. Balances shown online are real time until 3:00 p.m. Eastern Time. Transactions after 3:00 p.m. Eastern Time may be memo posted in the Account Detail screen for deposit accounts. Pending or future transactions for transfers are in Transfer History and Bill Payments are in Bill Payment History. Bill payment transactions may not debited from the account(s) until end of day processing.
We have the right to cancel transactions if sufficient funds are not available in your account or if applicable funds are not available in your overdraft protection account.

However, we may, at our discretion, make the transfer and overdraw your account. If this is the case, you are responsible for all non-sufficient funds (“NSF”) and overdraft charges that may apply.

Transactions that we may cancel will post as canceled by admin.

If an Internet Banking transaction and another electronic funds transfer occur on your account on the same day whereby funds are not available for both transactions to occur, the electronic funds transfer will have priority and the Internet Banking transaction will be refused or may result in an overdraft on your account.

Internet Banking with Bill Pay

Our Internet Banking with Bill Pay permits you to authorize and initiate payments electronically from your checking account to any merchant or vendor you choose (“payee”) in the United States. In order to use this service, you must designate a checking account as your Primary bill pay account (“payment account”). You may not designate an account specified as “Two Signatures Required” or a Money Market Savings account as your primary bill pay account.

Our bill pay option allows you to pay both recurring payments, which are fixed amounts, and paid on a regular basis such as a mortgage or car loan payment, or variable payments, such as a telephone or electric bill, which you would pay individually. Once you establish your payments on our system, we will transmit your transactions based on your instructions to the payees indicated. With the exception of recurring bill payments, you must execute each non-recurring bill payment. A bill payment may be set up in advance by inserting the future date you wish your payment to be made or setting the bill as recurring. It is important that you print the bill payment transaction number provided, for future reference. We suggest you initiate each bill payment separately to have separate tracking receipts. Each recurring bill payment will also have a receipt for you to print.

Any changes to recurring or future transactions will affect any occurrences of the transactions that have not been processed. Only changes to future transactions will be processed.

*It is your responsibility to leave sufficient time for the payee to credit your account when making any bill payment transaction. You must check the status of every bill payment you elect to send by checking the Pay Bills-View Postings.

When you initiate a bill payment through our system, we will process your payment on the same business day after your Internet session, provided we receive your instructions before 3:00 p.m. Eastern Time, Monday through Friday.

If you schedule a bill payment for a future date, or as a recurring transaction, we will process your payment(s) on the date you have scheduled provided that day is a business day. If we receive your payment instruction(s) after the end of our business day, or if the date of your request is not a business day, we will process your bill payments(s) on our next business day.

We will deduct the amount of your bill payment(s) from your primary bill payment account on the date we process your transaction.

If the date you schedule a payment falls on a weekend or non-business day, we will deduct the amount of your bill payment(s) from your primary bill pay account on our next business day.

We have the right to cancel transactions if sufficient funds are not available in your account or if applicable funds are not available in your overdraft protection account. However, we may, at our discretion, allow your bill payment(s) to be made and overdraw your account. If this is the case, you are responsible for all non-sufficient funds (“NSF”) and overdraft charges that may apply.

If an Internet Banking transaction and another electronic funds transfer occur on your account on the same day whereby funds are not available for both transactions to occur, the electronic funds transfer will have priority and the Internet Banking transaction will be refused or may result in an overdraft on your account.

When you initiate a bill payment through our bill payment service, we will process your payment one of two ways. We may send your payment(s) through an electronic transmission to the payee or we may send your payments(s) by a bank check mailed to the payee. If we send your payment(s) by check, we will use the U.S. Mail service to do so.

To ensure your payments are received by the intended payee on time, you must allow sufficient time for the payee to credit your account properly. You must schedule your payment(s) in advance of the due date. You may schedule your payment(s) 7-10 business days in advance of the payment due date. Normal processing and payments usually occur within 5-7 business days. Saturday, Sunday and Holidays are not business days. Transactions after 3:00 p.m. ET. will be processed the next business day. You must have sufficient funds in your bill pay account on the day you initiate or schedule the payment order. You are responsible for any late payment fees, costs or finance charges that may be levied against you. We will not be liable for any fees, charges or other actions imposed by a payee resulting from a late payment

Office of Foreign Assets Control (OFAC)

As a First National Bank of Wyoming Internet Banking Service customer using the Bill Payment and/or ACH feature(s) of Online banking, you are considered an “originator” of an ACH transaction and you are subject to applicable U.S. law when initiating ACH transactions. This includes, among other things, that as an Originator you will not violate the Office of Foreign Assets Control (OFAC) enforced sanctions, and you will not act on behalf of, or transmit funds to or from, any party subject to such sanctions. (A complete list of parties subject to the OFAC sanctions can be found at www.ustreas.gov/ofac. You may also order a copy of the current ACH Rules at www.paymentsystems.org/macha/pubs.htm).

Internet Banking and Transfers

Our Internet Banking offers two types of transfers:

  • Regular transfers between accounts
  • Recurring or future dated transfers

Recurring transfers are ongoing transfers you set up in advance to recur at regular intervals.

The duration is how long you wish the recurring transfer to take place, for example the length of time to pay off a loan. It is your responsibility to check the posting of recurring transfers.

Recurring transfer(s) you establish from savings or money market accounts are governed by Federal regulations that limit the number of transfers made during a given monthly statement period.

Any changes to recurring transactions will affect any occurrences to transactions that have not been processed. Only future transactions can be changed or edited.

Customer’s Responsibilities Relating to Transfers and Bill Payments

You are responsible for any and all transfers and bill payments you initiate and authorize while using our Internet Banking (Net-Bank) product whether you make them unintentionally or inadvertently. You are responsible for checking the posting of each bill payment and /or transfer. You are responsible for any losses, penalties or charges assessed to you.

You are also responsible for any transactions initiated by persons you authorize to use our Internet Banking (Net-Bank) product. Again, this includes any losses, penalties, or charges assessed to you.

You are responsible for providing us with the proper payee information when adding a payee to our bill pay system. This includes the correct address, telephone number, payee name, payee nickname and your correct account.

If any of your payee information should change after you have added a payee, it is your responsibility to update your payment records accordingly on the bill pay system. If you fail to update your information, we are not responsible for any erroneous transactions. Should your payment be returned, a stop payment fee will be place against your account and the payment will be credited to your account. You will be responsible to process the payment. You must contact the payee to resolve the matter and to correct erroneous transactions.

Notice of Customer Liability

In order to limit your liability, you should contact the bank immediately by phone if, you believe your access code has been used without your permission for electronic transmissions. Telephoning us is the quickest way to reduce your losses.

You can lose no more than $50.00 if someone used your access code without your permission provided you notify the bank within two (2) business days of discovering any unauthorized use of your Internet Banking access code.
However, you can lose as much as $500.00 if you do not notify the bank within two (2) business days of discovering the unauthorized use and the bank can prove we could have prevented the loss had we been notified.

You have sixty (60) days from the date we mail your statements to you to report any unauthorized transactions that appear on said statements.
If you do not report these transactions to us, you risk unlimited losses on those transactions made after the sixty (60) day period has passed, provided we demonstrate that we could have prevented the unauthorized use had we been notified within sixty (60) days.

In the event that your User Id and Password is compromised or stolen, you will be held liable for any losses incurred, should you fail to assist us in identifying the perpetrator(s) of the unauthorized access to your accounts. We will not reimburse any funds to you until an affidavit of theft is filed and this Bank receives a copy of the police report stating charges are filed against the perpetrator(s). Furthermore, should you drop any charges pertaining to said theft, funds will be recovered from your account(s) and restitution made back to this Bank

Our Liability for Failure to Make Transfers or Bill Payments

If we do not complete a transfer or bill pay to or from your account on time or in the correct amount according to our agreement with you, we will be liable for 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 or bill payment, or if the account has been closed by you or us, or the account has been frozen, or if we cancel a payment or transfer because of insufficient funds.
  • If the transfer or bill payment exceeds the available funds in your overdraft protection account.
  • If you have not given us proper instructions such as account numbers or other identifying information so that we can properly credit your account or complete the bill pay transaction.
  • If you do not allow enough time for your bill payment to be made whether it’s made by electronic means or by mail.
  • If you do not follow our online instructions for making a transfer or bill payment or other transaction.
  • If we make a bill payment that is on time, however the merchant to which it is sent to does not credit your account promptly after receipt. You must notify us if you receive notice from a merchant that your account remains unpaid.
  • If your accounts become involved in any legal proceedings whereby withdrawal of funds may be prohibited.
  • If your computer, Internet connection, Internet Service Provider (ISP) or your software was not properly working and you knew about the problem when you started your on-line session.
  • If circumstances beyond our control such as fire, flood, telecommunication outages prevent the transactions from being processed. There may be other exceptions as established by us.

We will disclose information to third parties about your account or the transfers or bill payments you make –

  • To complete the transfer or bill payment as necessary.
  • To verify the existence of sufficient funds to cover specific transactions upon request of a third party such as a credit bureau or merchant.
  • To comply with government agencies or court orders.
  • If you give your written permission.

Authorization to Request Information

You agree that the bank has the right to request or obtain information regarding your account(s) from a payee to resolve any payment posting problems that may occur.

Internet Banking Fees

There is no monthly service charge for basic and Bill Pay Internet Banking. Other fees may be associated with your account(s) and will be deducted from your primary bill pay account.

If you exceed the number of transactions allowed on your Money Market savings or savings account, we may impose a fee for each item that exceeds the limit set by law. We may also charge you if you inquire about a transaction that requires research, stop payment requests and check orders. All fees associated with your account(s) are described in our fee schedule and may be amended from time to time.

Your Right to Stop Payment (See Section on Regulation E)

The Electronic Fund Transfer Act (Reg. E), states that you have certain stop payment rights and obligations as they relate to “Preauthorized Electronic Fund Transfers”. These transfers are authorized in advance and scheduled to recur on a regular basis.
You may stop payment on any Preauthorized Electronic Fund Transfer by calling or writing us at the address or phone number listed on this site, at least 3 business days before the payment is scheduled to be made.

If you telephone us, we may ask that you send us your request in writing within 14 days after you call. We will charge you our normal stop payment service charge as listed in our fee schedule for each stop payment order you give.

Our Internet Banking (Net-Bank) product will allow you to cancel (stop) a payment at the “Bill Payment, View Posting” screen. Payments listed under “Posted Payments” cannot be stopped or changed. You can only cancel (stop) those payments that have not posted yet- “Future Payments”.

Stops, edits or deletions to bill payment recurring transactions will affect any occurrence of the transactions that have not been processed. You may also delete, edit or stop any recurring transfers you may have established on this site. Any changes to recurring transfers will affect any occurrence of the transactions that have not been processed.

Account Statements, Notices and Communications

All transactions including Internet Banking transactions will be posted on your Account Statement. You are responsible for promptly examining your statement each statement period and reporting any irregularities to us. You must report any unauthorized electronic fund transfer to us within 60 days from the date we mailed your statement.

All notices required to be sent to you will be effective when we mail them to the most recent address you have provided to us. We may attempt to communicate with you through e-mail. If we do this, we will send our e-mail message to the last known e-mail address you provided to us.

Notices sent by you to us will be effective when we receive them at the mailing address in this agreement.

It is your responsibility to notify us of any change in your mailing address, e-mail address or name. We are required to attempt to communicate with you only at the most recent mailing address provided to us. However, notice must be given in paper form or by telephone so that we may verify its authenticity. E-mail requests that require changes to your account will not be acted upon.

Notice of Amendments

You agree that the terms and conditions of this agreement including without limitation all fees and charges, additions or deletions of services provided at this site may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the Internet Banking product evidences your agreement to any amendment.

Assignment

The bank may assign our rights and responsibilities to any other party we may choose. This agreement may not be assigned by the customer.

Termination

We reserve the right to terminate your use of our Internet Banking (Net-Bank) product or this agreement whether in whole or in part, at any time without prior notice. You may terminate this agreement and your Internet Banking access at any time provided you give written notice. Should you choose to terminate your Internet Banking access, you authorize the bank to complete previously authorized transfers and bill payments. Termination of service will be effective the first business day following receipt of your written notice. Termination of this agreement will not affect the rights and responsibilities of the parties under this agreement for transactions initiated before termination.

Governing Law

Our Internet Banking (Net-Bank) product and this Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Delaware in which we are located. In addition, we are subject to certain federal and state regulations and local clearinghouse rules governing the subject matter of this agreement. You understand that we must comply with these laws, regulations and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, the terms of this Agreement will prevail to the extent any such law; regulation or rule may be modified by agreement.

Headings

The headings of the paragraphs of this agreement are for convenience and reference. They shall not affect its construction or interpretation.

Ownership of Website

The First National Bank of Wyoming copyrights the content, information and offers on our Website. The unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.

Enforcement

In the event either party brings legal action to enforce this agreement or collect fees or overdrawn funds on accounts accessed under this agreement, the prevailing party shall be entitled to payment by the other party of its reasonable attorney’s fees and costs’, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions if applicable. Entitlement shall be subject to applicable law. If a lawsuit is filed, you agree that it may be filed and heard in the State of Del.

ELECTRONIC FUND TRANSFER ACT
REGULATION E (REG. E) DISCLOSURE
AS IT RELATES TO INTERNET BANKING SERVICES
AND
CONSUMER TRANSACTIONS

The following represents our Reg. E Disclosure relating to The First National Bank of Wyoming’s Internet Banking (Net-Bank) product. This disclosure represents the liabilities of the bank and your responsibilities as a consumer when using our Internet Banking (Net-Bank) product. Regulation E does not apply to commercial transactions. Please read it carefully.

Preauthorized Electronic Fund Transfers

If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of these preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification.
If we do require the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made. We will charge a fee of $20.00 for each stop payment order you request be made.

Notice of Varying Amounts

If these regular payments vary in amount, the person you are going to pay is required to tell you ten (10) days before each payment when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the account would fall outside certain limits that you set.

Liability for Failure to Stop Payment of Preauthorized Transfers

If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Limitations on Frequency and Amount

Checking Account:

There are no limits on the number or dollar amount of inquiries or transfers you may make per day provided funds are available.

Savings and Money Market Savings:

You may make six (6) transfers from your account each four (4) week or similar period. With regards to Money Market Savings accounts, no more than six such transfers may be made by check, draft or debit card.

Internet Banking Fee Schedule

Basic and Bill Pay Internet Banking is a free service to our customers.
Stop Payment Orders - $ 20.00 per order received.

Right to Documentation

You will receive a monthly account statement from us, unless there are no transactions in a particular month. In any case you will receive a statement quarterly. You will receive a quarterly statement from us on your savings account if this is the only account you maintain and the only possible electronic transfer to or from the account is a preauthorized deposit.

Unauthorized Transactions

If you believe your Access Code has been lost, stolen or used without your permission to make a transfer out of your account(s), contact the bank immediately by phone at 302-697-2666, or 866-730-2244, email us info@fnbwyomingde.com, or write us at the following address:

The First National Bank of Wyoming
Attn: Internet Banking Department
PO Box 279
Wyoming, De 19934

Tell us AT ONCE if you believe your access code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus the funds in your Overdraft Protection account).

If you tell us within two (2) business days after you learn of the loss or the unauthorized use of your access code, you can lose a maximum of $50.00 if someone uses your access code without your permission.

If you do NOT tell us within two (2) business days after you learn of the loss or unauthorized use of your access code, and we can prove that we could have stopped someone from using your access code without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows any transfer that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason such as a long trip or hospital stay kept you from telling us, we may extend the time periods.

Business Days

Our regular business days are Monday through Friday. Holidays are not included.

Our Liability for Failure to Make Transfers or Bill Payments

If we do not complete a transfer or bill pay to or from your account on time or in the correct amount according to our agreement with you, we will be liable for 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 or bill payment, or if the account has been closed by you or us, or the account has been frozen, or if we cancel a payment or transfer because of insufficient funds.
  • If the transfer or bill payment exceeds the available funds in your overdraft protection account.
  • If you have not given us proper instructions such as account numbers or other identifying information so that we can properly credit your account or complete the bill pay transaction.
  • If you do not allow enough time for your bill payment to be made whether it’s made by electronic means or by mail.
  • If you do not follow our online instructions for making a transfer or bill payment or other transaction.
  • If we make a bill payment that is on time, however the merchant to which it is sent to does not credit your account promptly after receipt. You must notify us if you receive notice from a merchant that your account remains unpaid.
  • If your accounts become involved in any legal proceedings whereby withdrawal of funds may be prohibited.
  • If your computer, Internet connection, Internet Service Provider (ISP) or your software was not properly working and you knew about the problem when you started your on-line session.
  • If circumstances beyond our control such as fire, flood, telecommunication outages prevent the transactions from being processed. There may be other exceptions as established by us.

Account Information Disclosure

We will disclose information to third parties about your account or the transfers you make:

  • To complete transfers as necessary.
  • To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant.
  • To comply with government agency or court orders.
  • If you give us your written permission.

In Case of Errors or Questions about Your Electronic Transfers

Telephone us at 302-697-2666, or 866-730-2244 or write us at the following address:

The First National Bank of Wyoming
Attn: Internet Banking Department
PO Box 279
Wyoming, De 19934

As soon as possible, 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 sixty (60) days after we sent you the First statement on which the problem or error appeared.

When contacting us:

  • Tell us your name and account number.
  • Describe the error or the 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 you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question.

If we decide to do this, we will re-credit your account within ten (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 ten (10) business days, we may not re-credit your account.

If we decide that there was no error, we will send you a written explanation of our findings within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

If a notice of error involves a new account (an account opened within 30 calendar days), the applicable time periods for action shall be twenty (20) business days in place of ten (10) business days, and up to (90) calendar days in place of forty five (45) calendar days for completing the investigation.

Copyright 2014 The First National Bank of Wyoming All Rights Reserved

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