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ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND
CONDITIONS OUTLINED IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF
THE INTERNET BANKING SERVICES OFFERED BY AMERICAUNITED BANK, AND THAT YOU
HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, AND YOU WILL CREATE A
VALID AND BINDING LEGAL CONTRACT BETWEEN YOU AND AMERICAUNITED BANK.
1. What This Agreement Covers
This Agreement covers your use of AmericaUnited Bank’s Internet Banking
Services. AmericaUnited Bank’s Internet Banking Services are defined as
any electronic service provided by AmericaUnited Bank that permits you
to transfer funds to or from your AmericaUnited Bank accounts, obtain
account information and/or statement updates on your deposit accounts, and
receive and send electronic messages to AmericaUnited Bank, all through
the use of a personal computer. Access for Internet Banking Services will be
provided through the Worldwide Web of the Internet. You are responsible for
providing your own access to the Internet through the Internet Service
Provider of your choice.
2. Bank Documents
The terms and conditions of this Agreement are in addition to, and shall
supplement the terms, conditions, rules and regulations that apply to any of
your existing AmericaUnited Bank accounts or services of AmericaUnited Bank which you currently use.
3. Internet Banking Services
Transfers and Payments. When you instruct AmericaUnited Bank to
transfer funds to or from your AmericaUnited Bank accounts through the
Internet Banking Services, you authorize AmericaUnited Bank to
withdraw the necessary funds from the AmericaUnited Bank account you
designate. As with any funds transfer request, whether or not utilizing
Internet Banking Services, you agree that you will instruct AmericaUnited
Bank to make a withdrawal only when a sufficient balance is or will be
available in your designated AmericaUnited Bank account at the time of
withdrawal. AmericaUnited Bank will not be obligated to act on any
withdrawal instruction from you if sufficient funds, including overdraft
lines of credit are not available in the account you designate.
4. Cost of the Internet Banking Services
There are currently no monthly service charges or transaction fees for
AmericaUnited Bank’s Internet Banking Services. You are responsible for
all telephone charges you incur in connecting to the Internet Banking
Services as well as all charges assessed by any Internet Service Provider
you use.
5. Changes in Terms
AmericaUnited Bank may change the Internet Banking Services and the
terms, including fees, set forth in this Agreement at any time. You will be
notified of any such change as required by applicable law, either by mail or
by an electronic message. You understand that, by using the Internet Banking
Services after a change becomes effective and after you are notified of the
change, you are agreeing to the change.
6. Cancellation
This Agreement will remain in effect until it is terminated by you or
AmericaUnited Bank. You may cancel this Agreement at any time by notifying
AmericaUnited Bank by mail at 321 W. Golf Road, Schaumburg, Illinois, 60196,
Attention Internet Banker. AmericaUnited Bank may cancel this Agreement and
terminate your use of the Internet Banking Services for any reason, at any
time. AmericaUnited Bank will use commercially reasonable measures to notify
you in advance of any such termination, but AmericaUnited Bank is not obligated to do so.
7. Security
In order to maintain secure communications and reduce fraud, you agree to
protect the security of your numbers, codes, marks, signs, public keys or
other means of identification. AmericaUnited Bank reserves the right to
block access to the Internet Banking Services to maintain or restore
security to AmericaUnited Bank systems if AmericaUnited Bank
reasonably believes your access codes have been or may be obtained or are
being used or may be used by an unauthorized person(s). You are liable and
responsible for all Internet Banking Services transactions made using your
means of identification, whether those transactions are made by you or any
person you authorize, permit or enable to have your means of identification
(even if the person exceeds your authority) or by any person who obtains
through you, by whatever means, your means of identification. If you have
given someone your means of identification and wish to terminate their
authority, or if you know or believe that your means of identification
otherwise is compromised, you must notify AmericaUnited Bank so that
AmericaUnited Bank can take the necessary steps to change the means of
identification. You agree to defend, hold harmless and indemnify
AmericaUnited Bank from and against any and all claims of any nature arising
out of any such access by a person you have authorized, permitted or enabled
to have access to your AmericaUnited Bank accounts via the
Internet Banking Services.
8. Limit of AmericaUnited Bank Bank and Other
Providers’ Responsibility
AmericaUnited Bank agrees to make reasonable efforts to ensure full
performance of the Internet Banking Services. AmericaUnited Bank will
be responsible for acting only on those instructions sent through the
Internet Banking Services which are actually received and cannot assume
responsibility for malfunctions in communications facilities not under its
control that may affect the accuracy or timeliness of messages you send.
AmericaUnited Bank is not responsible for any losses or delays in
transmission of instructions arising out of the use of any Internet Service
Provider or caused by any browser software. Any information you receive from
AmericaUnited Bank can only be provided on a best-efforts basis for your
convenience and is not guaranteed. AmericaUnited Bank is not liable for any
deficiencies in the accuracy, completeness, availability or timeliness of
such information or for any investment or other decision made using this
information. AmericaUnited Bank is not responsible for any
computer virus or related problems which may be attributable to the Internet
Banking Services or to any services provided by any Internet Services
Provider. In the absence of negligence on the part of AmericaUnited Bank, none of AmericaUnited Bank, any of its affiliates or any of their
respective officers, directors, employees or agents, is responsible for any
direct, indirect, special, incidental or consequential damages arising in
any way out of the use of the Internet Banking Services. Because some states
do not allow the exclusion of limitation of liability for consequential or
incidental damages, in such states the liability of the foregoing entities
and individuals is limited to the extent permitted by law.
AMERICAUNITED BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE INTERNET BANKING
SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY
PROPRIETARY RIGHTS UNLESS, AND THEN ONLY TO THE EXTENT, DISCLAIMING SUCH
WARRANTIES IS PROHIBITED BY LAW.
9. No Other Use.
You may use the Internet Banking Services only for your personal use and may
not reproduce, sell or distribute all or any portion of the information
provided to you by the Internet Banking Services.
10. Severability
In the event any one or more of the provisions of this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain valid and enforceable.
11. Governing Law
The terms and conditions of this Agreement, and any issue relating to an
account or service with AmericaUnited Bank which you access through the
Internet Banking Services, shall be governed by and construed in accordance
with the laws of the State of Illinois.
12. Assignment
AmericaUnited Bank may assign its rights and delegate its duties under
this Agreement to a company affiliated with AmericaUnited Bank or to
any other party. You may not assign any of your rights or duties under this
Agreement at any time.
13. Entire Agreement
This Agreement is the entire agreement between you and AmericaUnited Bank regarding your use of the Internet Banking Services, and it supersedes
any prior discussions and agreements between you and AmericaUnited Bank
regarding the Internet Banking Services, and supersedes any marketing or
other similar material pertaining to the Internet Banking Services delivered
to you in writing, verbally or obtained at any AmericaUnited Bank site
or the site of any Internet service provider.
14. Interruptions in Services
AmericaUnited Bank may on a regular basis perform maintenance on
AmericaUnited Bank equipment or systems which may result in
interruption of the Internet Banking Services. AmericaUnited Bank will
not incur any liability to you as a result of any such interruptions.
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