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This Peoples Bank of Alabama Website Agreement ("Website Agreement") with Peoples Bank of Alabama applies to your use of the Peoples Bank of Alabama Website. In this Website Agreement, "you" or "your" means each person that uses the Peoples Bank of Alabama Website to obtain a Financial Service; "Financial Service" means a deposit account, overdraft privilege, electronic bill payment service, or any other financial product or service available through the Peoples Bank of Alabama Website; "Provider" means a service provider that offers a Financial Service through the Peoples Bank of Alabama Website or an affiliate of Peoples Bank of Alabama USA; "Peoples Bank of Alabama Website" and the "Website" means the Internet site operated by Peoples Bank of Alabama for itself and the Providers. "Banking Product Documents" means the Website Agreement, the Deposit Account Terms, the Electronic Funds Transfer Services Agreement and Disclosure, the Funds Availability Policy, the Truth in Lending Disclosure Statement, the Truth in Savings Disclosure Statements, the Fee Schedule, and the Schedule of Interest Paid.
Consent to Terms and Conditions. By submitting the application accessible through the Peoples Bank of Alabama Website or using any Financial Service, you agree to the terms and conditions set forth in this Website Agreement and the agreements provided with the Provider Documents, if any, governing the Financial Service you obtain through the Website. In the event that Peoples Bank of Alabama amends this Website Agreement or a Provider amends an agreement that is provided with the Provider Document, your continued use of the Website or a Financial Service subject to such Provider Document after the effective date of such change evidences your agreement to such amendment..
Provider Documents. The terms of this Website Agreement apply to any Financial Service obtained through the Website. You also may have a separate agreement with some or each Provider regarding the Financial Service it provides. A Provider may enforce this Website Agreement against you to the extent it relates to that Provider.
Banking Products. As of the date of this Website Agreement, the deposit accounts, overdraft privilege, electronic bill Wire Transfer Services payment and other banking services ("Banking Products") offered through the Website are provided by Peoples Bank of Alabama (the "Bank"), a member of the Federal Deposit Insurance Corporation ("FDIC"). For purposes of applicable FDIC deposit insurance limitations, deposits into accounts at Peoples Bank of Alabama opened through the Website are not separately insured from any other deposit accounts you may have opened through other means, such as by mail or in person. Moreover, please review the Banking Documents for additional information about the Banking Products.
Internet Access. You certify that you have access to the Internet and a current e-mail address. You have sole responsibility for providing Peoples Bank of Alabama with a correct and operational e-mail address. Neither Peoples Bank of Alabama nor any Provider will be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Peoples Bank of Alabama and all Providers of any change in your e-mail or postal mailing address.
Electronic Communications. To the fullest extent permitted by applicable law, this Website Agreement and any other agreements, notices or other communications regarding the Website or any Financial Service or any Provider (collectively referred to as "Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Website and/or delivered to your e-mail address. You will print a paper copy of any electronic Communication and retain it for your records. All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Peoples Bank of Alabama and the Providers reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Peoples Bank of Alabama on behalf of itself and the Providers of your decision to do so. If you revoke your consent to receive Communications electronically, Peoples Bank of Alabama and the Providers may terminate your right to use the Website or obtain Financial Services (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from an involuntary termination of a Financial Service, to the extent permitted by law.
Consumer Credit Reports. Consumer Credit reports may be obtained by Peoples Bank of Alabama or any Provider in connection with any Financial Service that you request or receive. If you ask, you will be informed whether or not such a report was requested, and if so, the name and address of each agency that furnished the report.
Illegal, Fraudulent Or Improper Activity. You will not use the Website or any Financial Service for any illegal, fraudulent or improper activity. If Peoples Bank of Alabama or any Provider suspects that you may be engaging in or have engaged in a fraudulent, illegal or improper activity, including a violation of any terms and conditions relating to the Website or any Financial Service, your access to the Website and any Financial Services may be suspended or terminated. You understand that access to and transactions in your Accounts may be suspended or terminated if an Access Device or Code has been reported lost or stolen or when Peoples Bank of Alabama or any Provider reasonably believes that there is unusual activity on any of your Accounts. You agree to cooperate fully with Peoples Bank of Alabama and each Provider to investigate any suspected illegal, fraudulent or improper activity.
Password Protection. You will not disclose your password to access the Website ("Password") to any person other than persons you intend to have full authority to act on your behalf with regard to all of your Financial Services and accounts with Providers. You understand and agree that Peoples Bank of Alabama and the Providers rely on the use of your password to confirm your permission to access your account and are therefore authorized to act upon instructions and information received from any person that enters your user name (User ID) and Password. You will notify Peoples Bank of Alabama immediately if your Password is compromised or lost or is suspected of being compromised or lost.
Security Features. Peoples Bank of Alabama has taken strong measures to protect the security of information transmitted between the Bank and its customers. Peoples Bank of Alabama strongly suggests that you use a web browser with 128 bit encryption. In fact, some selected services require a web browser with 128 bit encryption and you will be notified upon your application for access to those specific services. Regardless of the security features in use by you and/or your web browser, Peoples Bank of Alabama and the Providers are unable to ensure that the data transmitted by you to Peoples Bank of Alabama or a Provider, or from Peoples Bank of Alabama or a Provider to you, will not be intercepted by third parties.
Limit On Liability. To the fullest extent permitted by law, neither Peoples Bank of Alabama nor any Provider will have any liability in connection with any unauthorized interception or use of data relating to you or the Financial Services; any inability to use or access the Website for any reason; any actions or transactions by an individual that uses your user name together with your Password; or any cause over which Peoples Bank of Alabama or a Provider does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. The Financial Services accessible through the Website are provided "as is" and with all faults, and Peoples Bank of Alabama and each Provider hereby disclaims, for themselves and for each other entity involved in the provision of the Financial Services, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose and of lack of viruses. In no event shall the Peoples Bank of Alabama or any other Provider be liable (a) for damages caused other than by its own gross negligence or intentional misconduct or (b) for indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Website or any Financial Service, even if Peoples Bank of Alabama or the Provider has been advised of the possibility of such damages. In no event shall Peoples Bank of Alabama or any Provider be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). Limitations on this notice with respect to certain electronic funds transfers are stated in the EFT Services Agreement and Disclosure as contained in the Bank Documents and displayed on the Website.
Miscellaneous. Any waiver by Peoples Bank of Alabama or any Provider must be in writing and signed by an authorized representative of Peoples Bank of Alabama or the Provider. If a waiver is made, no party is obligated to provide similar waivers in the future. The Website Agreement and the agreements provided with the Provider Documents are binding upon and shall inure to the benefit of permitted successors and assigns of you and Peoples Bank of Alabama and/or the Providers. If any provision of the Website Agreement or the Provider Documents is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Contacting Peoples Bank of Alabama and the Providers. You may contact Peoples Bank of Alabama or any of the Providers by e-mail at email@example.com, by first class U.S. mail to: Peoples Bank of Alabama 811 2nd Ave SW Cullman, AL 35055, Attn: Customer Service, or by telephone at (256) 737-7000. Telephone conversations between customers and Peoples Bank of Alabama employees may be recorded and retained.
Modifications. Modifications and additions to the Website, this Website Agreement, the Financial Services or the Provider Documents may be made by Peoples Bank of Alabama or a Provider at any time, to the extent permitted by law.
Transfer. You may not transfer any rights or obligations you may have under this Website Agreement, under any agreement provided with the Provider Documents or with respect to any Financial Service, without the prior written consent of Peoples Bank of Alabama and any Provider that would be affected. Peoples Bank of Alabama and each Provider reserve the right to transfer any right or obligation under this Website Agreement, under any agreement provided with the Provider Documents or with respect to any Financial Service without your consent.
Governing Law. This Website Agreement is accepted by Peoples Bank of Alabama in the State of Alabama, and is governed by Alabama and Federal law between you and Peoples Bank of Alabama. Providers may select a state law other than Alabama law to govern matters covered by their specific agreements and the enforcement of this Website Agreement with respect to the Financial Services they provide.
Deposits held at Peoples Bank of Alabama are insured by the Federal Deposit Insurance Corporation up to $100,000 per depositor. On October 3, 2008, FDIC deposit insurance temporarily increased from $100,000 to $250,000 per depositor through December 31, 2009. Answers to questions about Federal deposit insurance may be contained in "Your Insured Deposit", a pamphlet published by the FDIC.
Terms defined in this Website Agreement have the same meaning in the Banking Documents and, unless specified otherwise, any term defined in a part of the Banking Documents has the same meaning throughout the Banking Documents.