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Home Loan Savings Bank
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Agreement
and Disclosures
Internet Banking Terms and Conditions Agreement
This Agreement describes your rights and obligations as a user of the
On-line Banking Service and all other services made available online by The
Home Loan Savings Bank, including without limitation the Bill Pay Service
("Service" or "Services. It also describes the rights and obligations of The
Home Loan Savings Bank ("Home Loan"). Please read this Agreement carefully.
As an authorized account holder you must abide by the terms and conditions
of this Agreement, and those provided to you at account opening, in order to
use this Service. If you do not agree to these terms, do not complete your
registration for the Services or use the Services.
CUSTOMER DISCLOSURE AND AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By selecting the "I Accept" button below and by affirmatively registering
for the Service, you accept and provide your electronic signature to this
Agreement and you further (1) agree that any contract you enter into with
Home Loan for the provision of On-line Banking Services may be in electronic
form, and (2) agree to transact with Home Loan electronically including,
without limitation, receive all communications, including notices,
agreements, amendments, legally required disclosures or other information in
connection with the Services electronically from Home Loan (collectively,
"Notices"). You agree that Home Loan generally can send you electronic
Notices by (i) electronic mail to the e-mail address to provide to Home Loan
and/or (ii) by "pop-up notice" on the Service and/or (iii) by posting the
Notices on a main page or channel page of the relevant Service. You agree
that certain supplemental or enhanced services made available online by Home
Loan may also have their own specific terms and Notice procedures.
You are also acknowledging receipt of the following information and agree
that:
* You will check your e-mail regularly from Notices for Home Loan.
* You are providing accurate, current and truthful registration and contact
information (including your e-mail address) and that you will keep this
contact information up-to-date with Home Loan.
* We may provide you revisions and amendments to this 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 or related to the Services, electronically as
a part of the Agreement or otherwise as a part of the Services. While you
may print and retain a copy of this Agreement or any information provided to
you in relation to the Service, we only provide these documents
electronically.
* All registrations, agreements, and terms will be completed electronically
and will be deemed for all legal purposes to be in writing and legally
enforceable as a signed writing.
* 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 the Services and your access to the
Services.
* If you wish to withdraw consent to receive information electronically, to
terminate the Services, or to update your information such as a change of
address or email address, you may call Home Loan at 740-622-0444, or write a
letter and send it to:
The Home Loan Savings Bank
Attention: Operations
413 Main Street
Coshocton, OH 43812
* You must have a personal computer with a modem connected to a
communications source (telephone, wireless or broadband), a Windows-based
operating system with an Internet browser, such as Microsoft Internet
Explorer Version 5.5 or higher or Netscape Communicator, Version 6.0 or
higher and an e-mail software program capable of sending and receiving
e-mail to and from Home Loan. Your computer must be capable of receiving,
accessing, displaying, and either printing or storing, the information
received in electronic form from Home Loan via a plain text-formatted e-mail
or by access to Home Loan's web site using one of the browsers specified
above. Home Loan will notify you if there are any significant technical
changes that may affect your ability to transact with Home Loan
electronically.
You can receive an electronic copy and a printable version of this Agreement
upon request at
www.homeloansavingsbank.com/contactus.asp.
DEFINITIONS
The following definitions apply in this Agreement.
"On-line Banking" is the Internet-based service providing access to your
account(s) under the terms set forth in this Internet Banking Terms and
Conditions Agreement
"On-line Account" is a Home Loan account from which you will be conducting
transactions using a Service.
"Business Day" refers to Monday through Friday, excluding holidays as
determined by Home Loan. All On-line transaction requests received after
7:00 p.m. EST, or on a non-Business Day, will be processed immediately, but
will not appear in the online history until the following Business Day.
"Password" is a series of numbers and/or letters that you select after the
initial sign-on that establishes your connection to the Service. Home Loan
will provide you with a code for use during the initial sign-on process.
"Time of day" references are to Eastern Standard Time.
"We," "us" "our" or "Home Loan" refer to The Home Loan Savings Bank, which
offers the Services provided under this Agreement and holds the accounts
accessed by the Services.
ACCESS TO SERVICES
Home Loan will provide on-line instructions describing how to use the
On-line Banking Service, the Bill Payment Service and all other Services
made available on-line by Home Loan. To gain access to these Services you
will need your User-ID and your Password.
USE OF YOUR PASSWORD
The safety of our customers' accounts and account information is of
paramount importance to us. We have established safeguards to help prevent
unauthorized access of misuse of your account information; however, it is
your responsibility not to allow anyone to gain access to the Services or to
let anyone know your Password used with the Services. You agree to assume
responsibility for all transactions initiated through the Services with your
Home Loan User-ID, up to the limits allowed by applicable law. While Home
Loan continues to provide our customers with the level of on-line security
we believe necessary and appropriate, customers who share their User-IDs and
Passwords are giving up the full benefit of our security measures and legal
protections to which they may be entitled. No Home Loan representative will
ever call or e-mail and ask for your User-ID or Password; however, if you
contact Home Loan you may be asked for your User-ID and other personal
information to verify your identity.
IF YOUR PASSWORD HAS BEEN LOST OR STOLEN
If your Password has been lost or stolen, call Home Loan immediately at
740-622-0444, between 8 a.m. and 5 p.m. Monday through Friday and between 8
a.m. and 12 p.m. on Saturday. Telephoning Home Loan is the best way of
minimizing your losses. You should also immediately change your Password,
which can be done on-line. If you believe your Password has been lost or
stolen and you notify us within two Business Days after you learn of the
loss or theft, you can lose no more than $50.00 if someone uses your
Password to conduct unauthorized electronic funds transfers without your
permission. If you do NOT notify us within two Business Days after you learn
of the loss or theft of your Password, and we can prove we could have
stopped someone from using your Password to conduct unauthorized electronic
funds transfers without your permission if you had told us, you could lose
as much as $500.00.
BANKING TRANSACTIONS WITH ON-LINE BANKING
In addition to viewing account information, you may use On-line Banking to
conduct the following transactions:
* Transfer funds among your linked checking, statement savings, money
market, loan and line of credit accounts.
NOTE: Because regulations require Home Loan to limit pre-authorized
transfers (including On-line Banking transfers), the following limitations
apply:
* Statement Savings Account-- You can make no more than six (6) transfers
per statement period by pre-authorized or automatic transfer, or by
telephone or On-line Banking.
* Money Market Savings Account-- You can make no more than six (6) transfers
per statement period by pre-authorized or automatic transfer or by telephone
or On-line Banking, and no more than three (3) of these may be by check,
draft or similar order.
*Passbook Savings Account - You may view balances, however, you may not
transfer funds to or from a passbook savings account.
New services may be introduced for On-line Banking from time to time. Home
Loan will notify you of the existence of these new services. By using these
services when they become available, you agree to be bound by the terms and
conditions in this Agreement and all other rules that may be made available
to you concerning these services.
STATEMENTS
You will continue to receive your regular account statement either monthly
or quarterly, depending on the type of account.
IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE
If your statement shows transfers that you did not make, notify Home Loan
immediately at 740-622-0444, or write a letter and send it to:
The Home Loan Savings Bank
Attention: Operations
413 Main Street
Coshocton, OH 43812
If you do not notify Home Loan within sixty (60) days after the statement
was mailed to you, you may not recover any money lost after the sixty (60)
days which would not have been lost if Home Loan had been notified in time.
ERRORS AND QUESTIONS
In case of errors or questions regarding On-line Banking, you may call Home
Loan at 740-622-0444, or write a letter and send it to:
The Home Loan Savings Bank
Attention: Operations
413 Main Street
Coshocton, OH 43812
We must hear from you at the specified telephone number or address no later
than sixty (60) calendar days after we sent you the first statement on which
the problem or error appeared. We will need:
* Your name and account number
* A description of the error or the transfer in question, and an explanation
concerning why you believe it is an error or need more information.
* The dollar amount of the suspected error
* The date on which it occurred.
If the report is made orally, we may require that you send the complaint or
question in writing within ten (10) Business Days from your initial contact.
We will notify you with the results of the investigation within ten (10)
Business Days after you contact us and will correct any error promptly. If
more time is needed, however, we may, at our sole discretion, take up to
forty-five (45) calendar days to investigate a complaint or question. If
this occurs, we will credit your account within ten (10) Business Days for
the amount you think is in error. This will allow you to use the money
during the time it takes us to complete our investigation; however, if we
determine that no error occurred we will debit from your account the amount
previously credited. If your complaint or question is not received in
writing within ten (10) Business Days from your original contact, we may not
credit your account until the investigation is completed.
If your notice of error concerns a transaction that occurred during the
first 30 days after the first deposit to the account was made, the
applicable time periods are 20 Business Days in place of 10 Business Days
and 90 calendar days in place of 45 calendar days.
If we determine that no error occurred, we will send you a written notice
within three (3) Business Days. You may request copies of the documents that
were used in the investigation. If, pending our investigation, we have
credited your account with the amount you think is in error and we determine
that no error occurred, we will debit from your account the amount
previously credited.
You agree that Home Loan may respond to you by e-mail with regard to any
claim of unauthorized electronic fund transfer related to the Service. Any
such electronic mail sent to you by Home Loan shall be considered received
within three (3) Business Days of the date sent by Home Loan, regardless of
whether or not you sign on to the Service within that time frame.
LIMIT OF HOME LOAN'S RESPONSIBILITY
Home Loan offers the Services in a commercially reasonable manner. Home Loan
will be responsible for acting only on those instructions sent through
On-line Banking which are actually received. Home Loan will not assume
responsibility for circumstances over which the bank has no direct control.
This includes but not limited to, the failure or malfunctions in
communication facilities, which may affect the accuracy or timeliness of
messages you send. Home Loan does not guarantee that customers will be able
to access or use the Services (either directly or through third party
networks) at times or locations of the customer's choosing and that access
may be unavailable from time to time because of scheduled downtime,
reasonable needs for maintenance and reasonable periods of failure of
equipment. Home Loan is not responsible for any losses should you give
incorrect instructions, or if your payment instructions are not given
sufficiently in advance to allow for timely payment or delays in mail
service.
Home Loan provides the information on the Service for your convenience only
on a commercially reasonable basis; however, HOME LOAN SPECIFICALLY
DISCLAIMS ANY WARRANTIES ON THE CORRECTNESS, ACCURACYAND RELIABILITY on the
information you receive from Home Loan. Home Loan 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.
Home Loan is not responsible for any computer virus or related problems that
may be attributable to services provided by any Internet access service
provider.
You are responsible for obtaining, installing, maintaining, and operating
all computer hardware, software and communications services necessary for
performing On-line Banking. Home Loan will not be responsible for any errors
or failures from the malfunction or failure of your hardware, software,
communications services or Internet access services. You are responsible for
any telephone charges that you may incur by accessing the Internet and/or
the Services, including any surcharges that you may incur by accessing the
Services through a third-party network, such as a cable or wireless carrier.
Your carrier may charge service fees for text messaging (including
sending/receiving instant messages and e-mail), web browsing and other
services that require the use of airtime and wireless data services. Check
with your carrier to verify the fees that may apply to you.
EXCEPT AS OTHERWISE PROVIDED ABOVE, HOME LOAN DISCLAIMS IMPLIED WARRANTIES
THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT
FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. HOME LOAN DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT YOU
WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH
THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HOME
LOAN WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR AT ANY
PARTICULAR TIME.[ABD1]
The limit of Home Loan's liability shall be as expressly set forth herein.
UNDER NO CIRCUMSTANCES WILL HOME LOAN BE LIABLE IN CONTRACT, TORT, OR
OTHERWISE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES WHETHER OR NOT FORESEEABLE. By consenting to use the
Services, you agree to waive any and all right to any of the aforesaid, and
you acknowledge that the limit of your remedy is as otherwise expressly set
forth herein.
HOME LOAN'S RESPONSIBILITY
We will be responsible for your actual losses if they were directly caused
by our failure to:
* Complete an Electronic Funds Transfer as properly requested
* Cancel an Electronic Funds Transfer as properly requested.
However, we will not be responsible for your losses if:
* Through no fault of Home Loan, you do not have enough money in your
account to make the transfer
* Through no fault of Home Loan, the transaction would have caused you to
exceed your available credit
* Circumstances beyond our control (e.g., fire, flood, power outage, mail
delivery delays, equipment or technical failure or breakdown) prevent the
transfer, despite reasonable precautions that we have taken
* There is a hold on your account, or if access to your account is blocked
in accordance with banking policy
* Your funds are subject to legal process or other encumbrance restricting
the transfer
* Your transfer authorization terminates by operation of law
* You believe someone has accessed your accounts without your permission and
you fail to notify Home Loan immediately
* You have not properly followed the scheduling instructions, included in
this Agreement, to make a transfer or the payee refuses the Service.
* For the failure of any payee to correctly account for or credit the
payment in a timely manner
* We have received incomplete or inaccurate information from you or a third
party involving the account or transfer.
* For changes to the payee's address or account number (unless you have
advised us of the change within three (3) Business Days in advance)
* We have a reasonable basis for believing that unauthorized use of your
Password or account has occurred or may be occurring, or if you default
under this Agreement, the Deposit Account Agreement, a credit agreement, or
any other agreement with us, or if we or you terminate this Agreement.
There may be other exceptions stated in this agreement and in other
agreements with you. In no event shall we be liable for damages in excess of
your actual loss due to our failure to complete a transfer, and we will not
be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist you
with reasonable efforts in taking appropriate corrective action to reprocess
the transactions that may not have been completed or to correct incorrect
transactions that have been processed.
ELECTRONIC MAIL (E-MAIL)
If you send Home Loan an electronic mail message through the Service, Home
Loan 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 Home
Loan 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 Home Loan 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 Home Loan shall be considered received within three (3)
days of the date sent, regardless of whether or not you sign on to the
Service within that time frame.
OTHER AGREEMENTS
In addition to this Agreement, you and Home Loan each agree to be bound by
and comply with the requirements of the agreements applicable to each of
your On-line Accounts. Your use of the On-line Banking Service, the Bill
Payment Service or any other services made available on-line by Home Loan is
your acknowledgment that you have received these agreements and intend to be
bound by them. You should review other disclosures received by you when you
open your accounts at Home Loan, including the charges that may be imposed
for electronic funds transfers or the right to make transfers listed in the
fee schedules accompanying those disclosures and the fee schedule at the end
of this Agreement. We reserve the right to automatically deduct any fees
related to the Services from your Bill Pay Account each month. All terms and
conditions of the disclosures provided to you at account opening, including
but not limited to, the Truth in Savings, Regulation E Disclosure,
Depositor's Agreement and Terms and Conditions apply to this Service. These
agreements supersede all representations, warranties, agreements,
understandings and other communications regarding your use of the Services.
Only Home Loan can amend this Agreement, and may do so by posting any
amendments on the Home Loan web site subject to providing you with prior
notice of the changes. If any term of this Agreement is found by a court of
competent jurisdiction to be invalid, illegal or unenforceable, the term
shall be considered to be stricken from this Agreement as if it had not been
included from the beginning and the remainder of this Agreement will be
enforced according to its terms.
MODIFICATIONS TO THIS AGREEMENT
We may modify the terms and conditions applicable to either Service from
time to time upon mailing or delivering a notice of the modifications to you
at the address shown on our account records or by electronic delivery, and
the revised terms and conditions shall be effective at the earliest date
allowed by applicable law. We may send any notice to you via electronic mail
and you will have been deemed to have received it three (3) days after it is
sent. We reserve the right, in our sole discretion, to terminate this
Agreement and your use of the Services in whole or in part at any time, with
or without cause, without prior notice.
DISCLOSURE OF INFORMATION TO THIRD PARTIES/ PRIVACY POLICY
A copy of The Home Loan Savings Bank's Consumer Privacy Statement is
available upon request at any of our branches, on our website, or can be
mailed to you upon request by calling us at 740-622-0444, or writing a
letter and sending it to:
The Home Loan Savings Bank
Attention: Operations
413 Main Street
Coshocton, OH 43812
You can also access our Privacy Policy online by clicking on the Privacy
Policy icon on the Home Loan Website (http://www.homeloansavingsbank.com) .
By your affirmative act of either registering for the Services as a new
member, or registering for a new Service, or continuing to use the Services
following your registration, you authorize the collection, use, and
disclosure of personal information by Home Loan as provided for under the
then-current Home Loan Savings Bank's Consumer Privacy Statement.
INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and
with the terms of the agreement governing the deposit accounts which you
access using electronic banking services. We can terminate your On-line
Banking privileges under this Agreement without notice to you for any
reason; or if you do not pay any fee required by this Agreement when due, if
you do not comply with the Agreement governing your deposit or loan
accounts, or your accounts are not maintained in good standing. We will
promptly notify you if we terminate this Agreement or your use of the
services for any other reason.
We may convert your account to inactive status if you do not sign on to the
Service or have any transaction scheduled through the Service during any
consecutive 90 day period. If your account is considered inactive, you must
contact us to have the Service activated before you will be able to schedule
any transaction through the Service.
To cancel the On-line Banking Service, you must notify Home Loan in writing.
Your notification should include your name, address and the effective date
to stop the service(s). When Bill Payment is terminated, any pre-scheduled
bill payments made through On-line Banking will also be terminated. Your
final charge for the Bill Payment Service will be assessed at the end of
your statement cycle. These written requests should be mailed to:
The Home Loan Savings Bank
Attention: Operations
413 Main Street
Coshocton, OH 43812
GOVERNING LAW
This Agreement is governed by the laws of the State of Ohio and applicable
federal law(s).
FEE SCHEDULE
Home Loan offers the benefits and convenience of the On-line Banking service
to you at no monthly charge. Account research and stop payment charges will
be assessed at the rates published in Home Loan's Miscellaneous Schedule
Fees Brochure and deducted from your Bill Pay Account or another account you
hold at Home Loan.
These fees are subject to change. We will notify you in writing regarding
any fee changes at least thirty (30) days in advance of the effective date
of these changes.
Last Revised: July 17, 2003
[ABD1]Home loan should disclaim any liability if the user is unable to
perform online banking because of problems with the User's internet service
or the Internet in general.
[ABD2]Home loan should disclaim any liability if the user is unable to
perform online banking because of problems with the User's internet service
or the Internet in general.
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