MONTANA STATE BANK

ONLINE BANKING e-bank AGREEMENT

 PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP A COPY FOR YOUR RECORDS.

 1.  The Service 

In consideration of the Online Banking services (“Services”) to be provided by Montana State Bank (“Bank”) as described from time to time in information distributed by Bank to its customers. In the agreement, “Customer” refers to the person(s) subscribing to or using the Service. The Customer agrees as follows: You may use a Personal Computer (“PC”) through an Internet connection to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and to transfer money between your accounts. However, transfers from your savings and money market accounts are considered pre-authorized transfers and pre-authorized transfers are limited to six (6) per monthly statement cycle by federal regulations.  

 2.  Your User Code and PIN   

Each individual who has access to Montana State Bank’s e-bank Services, including each individual named on joint accounts, must designate a Personal Identification Number (“PIN”) and a user code. Your PIN must be a minimum of 8 characters, up to a maximum of 17 characters, which must consist of at least 2 numeric characters and 2 alpha characters. You will be required to change your PIN periodically to enhance security. 

 3.  Our Liability for Failure to Complete Transactions 

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of the losses or damages. However, there are some exceptions. We will not be liable for instance: 

a.       if, through no fault of ours, you do not have enough money in you account to make a transfer;

b.       if the money in you account is subject to legal process or other encumbrances restricting transfer;

c.       if the system was not working properly when you started the transfer;

d.       if circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.

 4.   Statements       

All loan payments, transfers, and/or fees made with the Montana State Bank’s Online Banking Service will appear on your monthly account statement. All transfers will describe to/from account numbers, transfer amount and the date of the transfer made during that month.

 5.    Fees 

There is no fee for accessing Montana State Bank’s e-bank service. 

 6.  Equipment 

You are solely responsible for the equipment (including, in the case of e-bank online banking services, your personal computer and software) you use to access the Services. We are not responsible for errors or delays or inability to access the Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.

 7.      Business Days /Hours of Operation 

Our business hours are 9:00am to 3:00pm (MST or MDT), Monday through Thursday, 9:00am to 4:30pm on Friday. We are closed on Federal Bank holidays. Although loan payments and transfers can be completed only on business days, the Service is available 24 hours a day, seven days a week, except during maintenance periods, for scheduling of loan payments and transfers.

 8.      Notice of Rights and Liabilities 

The security of your transactions is very important to us. Use of the Services may therefore require a PIN or password. If you lose or forget your PIN or password, please call the bank during normal business hours, 1-406-765-2800 or 1-800-368-2808. 

We may accept as authentic any instructions given to us through the use of your password or PIN. You agree to keep your PIN and password secret and to notify us immediately if your PIN or password is lost or stolen or if you believe someone else has discovered your PIN or password. You agree that if you give your PIN or password to someone else, you are authorizing them to act on your behalf, and we may accept any instructions they give us to make transfers or otherwise use the Services. Online Banking Services enables you to change your password; we require that you do so regularly. We may be liable for certain breaches to the extent required by applicable law and regulation. We do not assume any other liability or otherwise guarantee the security of information in transit to or from our facilities.  Please note that we reserve the right to (1) monitor and/or record all communications and activity related to the Services; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your PIN or password was used in connection with a particular transaction. If any unauthorized use of your PIN or password occurs you agree to; (1) cooperate with us and appropriate law enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide reasonable assistance requested by us in recovering any unauthorized transfer of funds.  

Tell us AT ONCE if you believe your PIN or password 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. If you tell us within two (2) business days, you could lose no more than $50. If you do NOT tell us within (2) two business days after you learn of the loss or theft of your PIN or password, and we can prove we could have stopped someone from using your PIN or password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers 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 you lost after the sixty (60) days if we can prove that we could have prevented someone from taking your money if you would have told us in time.  If you believe your PIN or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us immediately at 1-406-765-2800 or 1-800-368-2808 during normal business hours. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN PINS OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL. 

 9.      Errors and Questions 

In case of errors or questions about your electronic transactions, telephone us at 1-406-765-2800 or 1-800-368-2808 during normal business hours or contact us at:

Montana State Bank

220 N Main

Plentywood MT 59254

as soon as you can. If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt contact us immediately. 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. You will need to:

a.       tell us your name and account number;

b.       describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it  is an error or why you need more information;

c.       tell us the dollar amount of the suspected error. 

If you tell us verbally, we may require you to send us your complaint or question in writing within ten (10) business days following the date you notified us. We will determine whether an error occurred within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (twenty (20) business days if the notice of error involves an electronic fund transfer to or from the account within thirty (30) days after the first deposit to the account was made) for the amount you think is in error, so that you will have 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 credit your account. 

If we determine there was no error, we will reverse the previously credited amount, if any. We will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents we used in our investigation.  

 10.  Disclosure of Account Information to Third Parties 

We may disclose information to third parties about your account or the transactions you make;

a.       where it is necessary for completing transactions or resolving errors involving the Services; or

b.       in order to verify the existence and condition of your account for a third party, such as a credit bureau or a merchant; or

c.       in order to comply with government agency rules, court orders, or other applicable law; or

d.       to our employees, service providers, auditors, collection agents, affiliated companies, or attorneys in the course of their duties and to the extent allowed by law; or

e.       if you give us your permission.

 11.  Termination 

If you want to terminate your access to Montana State Bank’s e-bank  Services call us at 1-406-765-2800 or 1-800-368-2808. After receipt of your call, we will send a written termination authorization for your signature and you should return it to us. 

We reserve the right to terminate the Montana State Bank e-bank  Services , in whole or in part, at any time with or without cause and without prior written notice. In that event or in the event that you give us a termination notice, we may (but are not obligated to) immediately discontinue making authorized transfers, including recurring transfers and other transfers that were previously authorized but not yet made. We also reserve the right to temporarily suspend the Services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your PIN or password as an indication of an attempted security breach. Termination of the Services does not affect your obligations under this Agreement with respect to occurrences before termination.

 12.  Limitation of Liability 

Except as otherwise provided in this Agreement or by law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special or consequential, caused by    Montana State Bank’s e-bank Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment.

 13.  Waivers 

No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Montana State Bank.

 14.  Assignment 

You may not transfer or assign your rights or duties under this Agreement.

 15.  Governing Law 

The laws of the state of Montana shall govern this Agreement and all transactions hereunder.  Customer acknowledges that he/she has reviewed this Customer Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.

 16.  Amendments 

We can change a term or condition of this Agreement by mailing or delivering to you a written notice at least thirty (30) days before the effective date of any such change.  We do not need to provide you with any prior notice where an immediate change in the terms or conditions of this Agreement is necessary to maintain or restore the security of our system or an account.  However, even in these cases, if the change is to be made permanent, we will provide you with a notice of the change with the next regularly scheduled periodic statement we send you, or within thirty (30) days, unless disclosure would jeopardize the security of our system or an account.  Notices mailed or delivered to you under this paragraph will be considered effective if mailed to the most recent address we show for you in either our Checking or Savings Account records, or e-mail address in which you authorized to receive such notices and/or disclosures.

 17.  Indemnification 

Customer, in consideration of being allowed access to the Montana State Bank e-bank  Services, agrees to indemnify and hold Montana State Bank harmless for any losses or damages to the Bank resulting from the use of the Services, to the extent allowed by applicable law.

 18.  Security Procedures  

By accessing the Services, you hereby acknowledge that you will be entering a protected web site owned by Montana State Bank, which may be used only for authorized purposes. The Bank may monitor and audit usage of the System, and all persons are hereby notified that use of the Services constitutes consent to such monitoring and auditing.  Unauthorized attempt to up-load information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and abuse Act of 1986.

 I/We understand that I/we are the only individual(s) authorized to use e-bank  and that use of the e-bank signifies agreement to the terms and conditions set forth in the Montana State Bank e-bank Internet Agreement which will be furnished to me/us.