Holcomb Bank Online Agreement and Disclosure

The following are the terms and conditions that apply to your use of HB Online and HB Bill Pay, our Internet banking services. The terms and conditions stated in this agreement are in addition to those that apply to any accounts or services you may already have with us.The following are the terms and conditions that apply to your use of HB Online and HB Bill Pay, our Internet banking services. The terms and conditions stated in this agreement are in addition to those that apply to any accounts or services you may already have with us.

HB Online allows you to access your accounts, obtain information, transfer funds, and perform other transactions over the Internet by use of a personal computer and modem and/or other means we may authorize or allow. HB Bill Pay is our service that allows you to make payments from an authorized account to authorized payees over the Internet by use of a personal computer and modem and/or other means we may authorize or allow.

Prior to using any services, please read this entire Agreement. By using these services you agree to comply with all terms and conditions of the Agreement. For the purposes of this Agreement, “we”, “us”, “our”, refers to Holcomb Bank. “You” and “your” means each person who establishes an HB Online or HB Bill Pay account with us, or who uses or is authorized to use your HB Online User ID and/or Password or other means of access we establish or approve.

HB GREEN AND HB RELATIONSHIP ACCOUNTS – If you have opened an HB Green Account or HB Relationship Account, you have agreed to no longer receive monthly paper statements from us. We will notify all customers with this type of account via e-mail monthly when statements are available for viewing on HB Online. We retain two (2) years of statements online for customer viewing. If you require a copy of a statement not available online, or you don’t have a printer available, you must contact us at (815)562-3838 to request such; there will be a fee of $2.00 per statement. If you request a statement copy complete with copies of images, there will be a $5.00 fee. Any notices required to be sent on these accounts will be sent on paper via U.S. Mail to the address we have on file. It is your responsibility to keep your address updated.

If you choose to stop receiving statements electronically, we will require you to change from an HB Green Account or HB Relationship Account to another type of account. In order to do this, you will need to visit any HB facility and request in person through one of our customer service representatives; a new signature card will be required.

EQUIPMENT AND SOFTWARE - You are responsible for the installation, maintenance, and operation of your computer and its software. Holcomb Bank is not responsible for any errors or failures resulting from any malfunction of your computer or the software. We are also not responsible for any computer virus or related problems that may be associated with the use of any online system including HB Online and HB Bill Pay. We highly recommend the use of manufacturer recommended virus detection software.

In order to utilize HB Online and view your account statements online, your browser must support 128-bit encryption. Supported internet browsers include the most recent versions of Internet Explorer, Mozilla Firefox, Google Chrome and Safari MAC.

USER ID AND PASSWORD - In order to access HB Online, you must initially use a temporary User ID and password supplied by Holcomb Bank. On your first visit to HB Online you will be prompted to input your own unique User ID and password. The User ID is not case sensitive, must be at least six (6) characters long, and include at least one alpha and one numeric character. Your password IS case sensitive, must be at least eight (8) characters long, and must include at least two (2) alpha characters (1 upper case and 1 lower case), one (1) numeric character and one (1) special character. You should keep this information private; you should not give this access information to any person whom you do not want to access your account. Anyone you give this information to would have full access to your accounts, even though you may not have authorized such persons.

SECURITY - You agree to protect the security of your HB Online User ID and password, or other means of identification. Holcomb Bank reserves the right to block access to our services to maintain the security of our site and its systems if we believe your access codes are being used, or may be used, by an unauthorized person(s). Holcomb Bank does not assume any responsibility to monitor activity in your accounts for unauthorized usage or to otherwise detect or protect against unauthorized usage. Under no circumstances will a Holcomb Bank employee request your User ID or password via the Internet, e-mail, telephone, or any other means. DO NOT respond to any such request even if the individual claims to represent Holcomb Bank. You should never send confidential information via e-mail.

HB ONLINE AND HB BILL PAY TRANSACTIONS - You or someone you have authorized by giving them your HB Online User ID and password, or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:

Make transfers between your qualifying accounts;
Make payments from your qualifying HB Bill Pay accounts;
Obtain information we make available about your qualifying accounts; and
Obtain other services or perform other transactions we may authorize.

We reserve the right to deny access to any account for any reason or to deny transactions under circumstances determined by Holcomb Bank.

LIMITS ON HB ONLINE TRANSACTIONS - You must have enough available funds in any account from which you or an authorized user instructs us to make a payment or transfer. Please refer to “Important Account Information for our Customers” and signature cards for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using HB Online and HB Bill Pay are counted against the permissible number of transfers described in the Deposit Agreement.

LIMITS ON HB BILL PAY TRANSACTIONS - Your HB Bill Pay designated account must be a checking account, not a savings or a money market account. Funds must be available in your designated HB Bill Pay account on the date you request the payee should be paid. You should refer to “Important Account Information for our Customers” and signature cards for legal restrictions and service charges applicable for excessive withdrawals. Withdrawals made using the service are counted against the permissible number of withdrawals described in the Deposit Agreement.

All payments should be scheduled five (5) to seven (7) business days in advance of payment due date. You may add, edit or delete scheduled payments until 3:00 pm CST the day before the payment date you set. You may schedule payments at any future date. Recurring payments can have an end date of any year in the future. You can make multiple payments to the same payee.

We reserve the right to restrict types of payees to whom payments may be made using HB Bill Pay service from time to time. You may use the service to make payments to businesses or individuals in the United States with the exception of court-ordered payments or payments to government agencies.

We reserve the right to impose a frequency or dollar limit on, or refuse to make any payment you have directed. We are obligated to notify you promptly if we decide to refuse to complete your payment instructions. This notification is not required if you attempt to make payments prohibited under this Agreement.

NSF & RETURNED BILL PAY ITEMS - When you make a bill payment via HB Bill Pay, we may debit your account via ACH or check, and remit payment to your intended payee by check or electronic payment. Holcomb Bank reserves the right to not process the payments from your account if you do not have sufficient available funds, and to assess overdraft or returned item fees in accordance with Holcomb Bank’s “Important Account Information for our Customers”.

STOP PAYMENTS - We will honor a stop payment request by the person who initiated an item, or if it is a joint account, we will accept a stop payment order from any joint owner regardless of who initiated the payment. To be effective, a stop payment order must be received in time to give us a reasonable opportunity to act on it, and must precisely identify the item to be stopped. We will charge your account a stop payment fee as listed in our Fee Schedule. Bill payments made to the payee via ACH cannot be stopped. Please see “Important Account Information for our Customers” for additional information.

CANCELLATION OF PAYMENTS - Any transfer or bill payment can be changed or canceled, provided you access HB Online before the cutoff time on the business day before the transfer or bill payment is to be processed.

FEES - There are currently no fees for accessing your accounts through HB Online. (For businesses, a fee may apply for additional services.) HB Bill Pay is currently free of charges for up to ten (10) transactions per month. However, fees, as described in the applicable product or account disclosure, or Holcomb Bank Fee Schedule, may apply to services ordered online. You authorize us to automatically deduct all applicable charges and fees from your account. Please note your Internet Service Provider and/or phone company, depending on the arrangement you have with them, may assess fees.

ELECTRONIC MAIL (E-MAIL) - If you send Holcomb Bank a properly executed e-mail message, it is agreed that we will have received it on the following business day. We will respond to your e-mail within a reasonable length of time. DO NOT rely on e-mail to communicate messages that require immediate attention. DO NOT rely on e-mail to notify us of unauthorized use of your password. You agree to allow us to communicate with you via e-mail pertaining to any matter relating to HB Online or HB Bill Pay. This includes a response to your notification to us regarding unauthorized use of your User ID and password. E-mail will be considered received by you after three (3) days from the date we sent the e-mail to you, regardless if you sign on or use your Internet service during that period. E-mail will be sent to the e-mail address we have on record, which you provide when enrolling in HB Online. You are responsible for notifying us immediately if you change your e-mail address. Holcomb Bank is not responsible for losses you incur if you fail to notify us of the e-mail change.

Holcomb Bank’s LIABILITY FOR FAILURE TO COMPLETE PAYMENTS OR TRANSFERS - We will make every reasonable effort to complete a payment or transfer on time or in the correct amount according to our agreement with you. Examples of situations in which we will hold no liability for completing payments or transfers include, but are not limited to, the following:

If, through no fault of Holcomb Bank, you do not have enough available funds in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
If any payment or transfer would go over the credit limit of any account.
If your equipment or Holcomb Bank’s was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.
If you did not receive a confirmation number for the transaction, or you cannot provide a valid confirmation number for the transaction.
If you have not given us complete, correct, or current account numbers or other identifying information so we can properly credit your account or otherwise complete the transaction.
If you do not properly follow Holcomb Bank’s instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware.
If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim that restricts the transaction.
If circumstances or persons beyond Holcomb Bank’s control prevent, delay, intercept, or alter the transaction, despite reasonable precautions we have taken.
Through the exercising of any right granted and authorized by the account or other agreements you have with us.

Holcomb Bank is not liable for:

A failure to perform, or a loss resulting from an event or condition beyond the reasonable control of Holcomb Bank, including, but not limited to, equipment failure, communications breakdown or interruption, acts of God, labor disputes, or interruption of service by ACH or other payment networks.
Punitive, exemplary, consequential, indirect, remote, or special damages.
The loss of confidentiality, or security of data or other payment information while in transmission over communication lines, in the postal system, or in an ACH or other network.

YOUR LIABILITY - You are liable for all transactions you, or anyone you give access, performs, even if such person exceeds your authority. If you have given someone your HB Online User ID and password or other means of access and want to terminate that person’s authority, you must change your password or other means of access or notify Holcomb Bank to prevent further access by such person. Any transfer initiated by someone to whom you have furnished your User ID and password is considered authorized until you change your User ID and password and have not furnished the new User ID and password to unauthorized users. If you notify Holcomb Bank within two (2) business days after learning of the loss or theft of your User ID and password, you can lose no more than $50.00 for the unauthorized use of your User ID and password. If you fail to notify us within two (2) business days after you learn of the loss or theft of your User ID and password, and we can prove we could have stopped someone from using your User ID and password if you had notified us promptly, you may be liable to us for as much as $500.00. Also, you must report to us any unauthorized transaction that appears on your periodic statement within sixty (60) days after the statement was mailed to you and avoid liability for subsequent unauthorized transfers. If you fail to notify us within said sixty (60) day period, you may be liable to Holcomb Bank for the amount of the unauthorized transfers or payments that occur after the close of the 60 days and before notice to us if we can show you could have stopped the unauthorized banking transaction if you had notified us in a timely manner. You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission or consent or otherwise authorized.

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

Where it is necessary for completing transfers; or
In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
In order to comply with government agency or court orders; or
As described in our privacy policy disclosure, provided separately.

UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR HB ONLINE USER ID OR PASSWORD - If you believe your HB Online User ID, password, or other means of access have been lost or stolen, or someone has used them without your authorization, call us immediately at (815)562-3838 during business hours. If the bank is closed, please leave a message on our voice mail system at any HB branch. Or, you may write to us at Holcomb Bank, PO Box 355, Rochelle, IL 61068.

ERRORS OR QUESTIONS - Your HB Online and HB Bill Pay transactions will be indicated on the periodic statements we provide or make accessible to you for your accounts. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.

In case of errors or questions about the HB Online and HB Bill Pay services, transactions or payments, you must notify us at once. We must hear from you no later than sixty (60) days after we send you the first statement on which the problem or error appeared. For all errors, you must:

Tell us your name, account number(s) and address;
Describe the error about which you are unsure 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 you send 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 45 days to investigate the 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 you may have use of the money during the time it takes us to complete the investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not re-credit your account.

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

NO SIGNATURE REQUIRED - When using our services to conduct banking transactions or to pay bills, you agree we may debit your account to complete the banking transactions, pay bills, or honor debits you have not signed.

ACCOUNT AGREEMENTS - The terms and conditions in this Agreement are in addition to any account agreements you have with us, including, but not limited to, your signature card, “Important Account Information for our Customers”, any loan agreement you have with Holcomb Bank, and any change of terms and notices.

ACCOUNT OWNERSHIP - You may not designate any account that requires more than one signature for withdrawals.

BUSINESS DAYS - HB Online is available 24 hours a day, 7 days a week, except during routine periodic system maintenance. HB Online business days are Monday through Friday, with cutoff at 4:30 pm. Holidays are not considered a business day. Any HB Online transactions made on a non-business day, or made after 4:30 pm on a business day, will be posted the next business day. Any bill payment initiated on a day that is not a business day, or initiated after 12:00 am on a business day, will be treated as if it was made the next business day.

DOCUMENTATION - We will not provide any receipt or documentation of any transfers other than as provided on the regular monthly statement. Any transfer or bill payment transaction will be provided with a corresponding confirmation number. You should print this confirmation number and use it to verify on your monthly statement.

JOINT ACCOUNTS - The provisions of this “joint accounts” section apply if your accounts subject to the services with us are joint. Each of you is jointly and severally obligated under the terms of this Agreement as well as the original Account Agreement(s) governing your joint accounts. Each of you acting alone may perform transactions, obtain information, terminate this Agreement or otherwise transact business, take actions, or perform under this Agreement. We are not required to obtain the consent of, or notify either of you of actions taken by the other. However, each of you will only be permitted to access accounts for which you are an owner. Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use HB Online or HB Bill Pay accounts. Each of you agrees to indemnify us and hold us harmless from any and against any and all liability (including, but not limited to, reasonable attorney fees) arising from any such claims or actions.

NEW SERVICES - Holcomb Bank may offer and introduce new Internet products and services in the future. We will notify you of these. By using these services when they become available, you agree to be bound by the rules, which have been communicated to you, concerning these services and any fees associated with these new services.

INACTIVE ACCOUNTS - If during a consecutive 60 day period you do not access HB Online or HB Bill Pay, we reserve the right to terminate your access privileges. If you wish to reactivate your service, new agreements and applications will need to be filled out and executed.

TERMINATION OF ACCOUNT ACCESS - If, at any time, you do not comply with the terms of this Agreement and the agreement that governs your deposit accounts accessed through HB Online and HB Bill Pay, we can terminate your access to those accounts through HB Online. Your account can be terminated for non-payment of fees (if applicable) if your accounts are not kept in good standing with us. If we terminate your HB Online or HB Bill Pay service for cause, you are responsible for all fees, changes, overdraft amounts on the account at the time the account is terminated, and any collection fees we incur while trying to collect the fees, charges, or overdraft amount.

WAIVER - Holcomb Bank may waive any term or conditions of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or condition in the future.

GOVERNING LAW - This Agreement, HB Online, and HB Bill Pay services are governed by the laws of the State of Illinois, including the applicable provisions of the Uniform Commercial Code and all applicable federal laws and regulations.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 - We do not knowingly solicit data from children, and we do not knowingly market to children. We recognize protecting children’s identities and privacy online is important, and that responsibility to do so rests with both the online industry and with parents.