The Highlands Bank Online Banking Terms and Use Agreement
Please read the following disclosure agreement reguarding Online Banking then click either ‘I agree’ or ‘I disagree.’
This The Highlands Bank Online Banking Terms and Use Agreement (“Agreement”) shall govern your use of The Highlands Bank Online Banking, hereinafter referred to as (“Service”). This Agreement also describes terms and conditions of funds transfers available using the Service and provides disclosures related to Consumer Accounts required by the Electronic Fund Transfer Act. Please read this Agreement carefully because it informs you of your rights and obligations with respect to use of the Service. By your application for and use of the Service, you agree to the terms and conditions contained in this Agreement. You should print and keep a copy of this Agreement for future reference.
System Requirements It is recommended that you use Microsoft Internet Explorer 5.5 or higher for optimal performance of Service. However, you may also use Netscape Navigator 7.0 or higher.
Browser Security Requirements Service uses 128-bit strong encryption to ensure your account information remains safe and confidential while traveling over the Internet. You will need a 128-bit strong encryption web browser to access Service. To learn your browser’s current encryption level, please do the following:
- Microsoft Internet Explorer users: In Internet Explorer, click the “Help” menu and select “About Internet Explorer.” Look at the “Cipher Strength.” If the Cipher Strength is anything lower than 128-bit, you’ll need to upgrade your browser before using Personal Banking Online. Windows 2000 users will need to also update their operating system encryption.
- Netscape users: In Navigator or Communicator, click on the Help menu and select “About Navigator” (or Communicator). Look for the boldface section on the left side of the screen. If it says, “This version supports U.S. security,” you have 128-bit security. If it says, “International security,” you do not have 128-bit security and will need to upgrade your browser before using Personal Banking Online. Windows 2000 users will need to also update their operating system encryption.
The Highlands Bank, Jackson, Louisiana (“Bank”), agrees to provide internet banking services 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 Service. You may use a Personal Computer (“PC”), an Internet connection, an access ID and password to obtain account balances and transaction information. You may also use your PC to obtain statements on your accounts and transfer money between your accounts. However, transfers from your Money Market account to another account or to third parties by pre-authorized, automatic transfers, and telephone, are limited to six per statement cycle with no more than three by check, draft, or similar order to third parties. Transfers from a savings account to another account or to third parties by pre-authorized, automatic transfer, and telephone, are limited to six per month with no transfers by check, debit card, or similar order to third parties.
The Service includes the Basic Features described below
Basic Features – You may use the Service to perform the following functions:
To retrieve information, including real-time account balance (subject to maintenance and downtime) regarding all deposit and loan accounts that are linked to the Service as requested by you in The Highlands Bank Online Banking Application; To transfer funds between your designated accounts; To obtain an interim statement that includes all deposit account activity to date; and To communicate with us regarding your account(s) via e-mail.
Balance Inquiries and Transfers
You may use the Service to check the balance of your accounts and to transfer funds among your designated accounts. In order to initiate one of these transactions, you must first access www.thbank.net on the Internet and sign on to the Service using your login and password. Account balances will be current as of the date and time you sign on to the Service or as set forth in notices or as stated on The Highlands Bank website. The balance displayed by the Service may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, check card authorizations, outstanding checks, or other withdrawals, payments or charges. Funds transfers will be made available in accordance with the disclosures given at the time the account is opened. If there are insufficient funds in an account from which you are requesting a funds transfer, we reserve the right to reject your request. In addition, your ability to make certain transfers from certain types of accounts may be limited by applicable federal law (see The Highlands Bank schedule of fees for more information).
Your Access ID and PIN
Each individual who has access to Service, including each individual named on joint accounts, must designate an access ID and password. Your access ID must be a minimum of 6 characters and a maximum of 17 characters. Your password must be a minimum of 6 characters, up to a maximum of 12 characters, which must consist of at least 4 alpha and 2 numeric characters. In addition to these six, you can incorporate special symbols. When you log-in to the system as a first time customer, you must use a password designated by The Highlands Bank. You will be prompted to change your password. You should change your password periodically to enhance security. We reserve the right to require periodic password changes and establish limits on the re-use of passwords. We currently require the password to be changed at least every six months.
To guard against unauthorized use of your access ID and password, Service disables the password on the third incorrect attempt to log-in. The disabling of the password keeps an unauthorized agent from attempting to guess a password. This will occur if you accidentally activate this security feature by unintentionally miss-keying a password three times. You will need to call The Highlands Bank to reestablish the password for your account(s). A common mistake made by users is having the caps-lock on while keying in an access ID or password. Since the access ID and password are case sensitive and you cannot actually see the password characters you are typing, it is easy to think you are typing the password correctly.
Our Liability of Failure to Complete Transactions
Generally, if we do not complete a transfer to or from your account on time or in the correct amount of time according to our agreement with you and applicable law governing the transfer of money in Louisiana, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer;
- If the Service was not working properly and you knew about the breakdown when you started the transfer;
- If your computer or modem was not working properly;
- If the Payee mishandles or delays in handling payments sent by us;
- If you have not provided us with the correct Payee name, address, account information, or payment amount;
- If circumstances beyond our control (such as fire or flood or internet down time or service provider connectivity problems) prevent the transfer, despite reasonable precautions that we have taken;
- If the funds are subject to legal or other encumbrance;
- Federal Reserve Board, Federal Deposit Insurance Corporation or state banking regulations might prohibit such transfer.
Also in the case of any error or malfunction which was not intentional on the part of The Highlands Bank and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid any such error, The Highlands Bank’s liability is limited only to actual damages proved.
All payments and transfers made with Service will appear on your monthly account statement. The Payment amount, the date of the transfer, deposit transfer in and deposit transfer out will be shown for each transfer made through Service during that month.
You are solely responsible for the equipment (including your personal computer and software) you use to access Service. We are not responsible for errors or delays or your inability to access Service caused by your equipment. We are not responsible for the cost of upgrading equipment to stay current with Service nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon.
Business Days/Hours of Accessibility
Unless otherwise defined by this Agreement, a Business Day is any day that Bank is operating and open for business. Saturdays, Sundays and selected Federal holidays will not be considered Business Days. You should contact Bank to inquire if a given Federal holiday is determined by Bank to be a Business Day. All transactions, deposits, instructions and entries received by Bank on a day that is not a Business Day will be treated as if received on the next Business Day. Contact us for information regarding Bank’s normal business hours or visit our web site for hours of operation.
You can usually access your accounts through Service seven (7) days a week, 24 hours a day. However, at certain times, some or all of Service may not be available due to system maintenance or reasons beyond Bank’s control. Bank specifically does not warrant that Service will be available at all times. A transfer, other than a wire transfer (not allowed through Service), initiated through Service before 6:00 p.m. (Central Time) on a Business Day will be posted to your account the same day. All transfers completed on a Saturday, Sunday or banking holiday or after 6:00 p.m. (Central Time) on a Business Day will be posted on the next Business Day.
Notice of Your Rights and Liabilities
Security of your transactions is important to us. Use of Service therefore requires an access ID and password. If you lose or forget your access ID or password, please call Customer Service during the normal business hours of 9:00 a.m. to 4:30 p.m., Monday through Friday.
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 but are not obligated to (1) monitor and/or record all communications and activity related to Service; and (2) require verification of all requested transfers in the manner we deem appropriate before making the transfer (which may include written verification by you). You agree that our records will be final and conclusive as to all questions concerning whether or not your access ID or password was used in connection with a particular transaction. If any unauthorized use of your access ID 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. WE CANNOT ACCEPT NOTIFICATION OF LOST OR STOLEN ACCESS IDs OR PASSWORDS OR UNAUTHORIZED TRANSFERS VIA E-MAIL.
Tell us AT ONCE if you believe your access ID or password has been lost, stolen, or compromised in any way. 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 2 business days after you learn of the loss or theft, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of the loss or theft of your access ID or password, and we can prove that we could have stopped someone from using your access ID or password without your permission, if you had told us, you could lose as much as $500.
Also, if unauthorized transfers appear on your statement, you must notify Bank within 60 calendar days after the statement was sent; otherwise you face unlimited liability for all unauthorized transfers made after the 60-day period. If you believe your access ID or password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, write us or call us at the address or telephone number listed on The Highlands Bank website.
Disclosure Information to Third Parties or Account
We will disclose information to third parties about your account or the transactions 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
- 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
- if you give us written permission.
If you want to terminate your access to Service, please call Customer Service. After receipt of your call, we will send a written termination authorization for your signature and return to us. We reserve the right to terminate Service, 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 previously authorized transfers. We also reserve the right to temporarily suspend Service in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of the system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your access ID or password as an indication of an attempted security breach. Termination of Service does not affect your obligations under this Agreement with respect to occurrences before termination or cooperation after termination.
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 Service or the use thereof or arising in any way out of the installation, operation, or maintenance of your PC equipment. Neither we nor any information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the Internet Banking Services.
You may not transfer or assign your rights or duties under this Agreement.
The laws of the state of Louisiana shall govern this Agreement and all transactions hereunder, without giving effect to any conflict of laws rule or principle that might result in the application of the laws of another jurisdiction. Customer acknowledges that he/she has reviewed this Agreement, understands the terms and conditions set forth herein, and agrees to be bound hereby.
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 and 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 that 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 checking or savings accounts records, or e-mail address in which you authorized the Bank to send such notices and/or disclosures.
Customer, in consideration of being allowed access to Service, agrees to indemnify and hold Bank harmless for any losses or damages to Bank resulting from the use of Service, to the extent allowed by applicable law.
By accessing Service, you hereby acknowledge that you will be entering a protected web site owned by the Bank, which may be used only for authorized purposes. Any unauthorized use may be a violation of state and or federal law and will be prosecuted to the fullest extent allowed by law. The Bank may monitor and audit usage of the System, and all persons are hereby notified that use of Service is subject to the Computer Fraud and Abuse Act of 1986.
- Clicking “I Agree” means you have read and agree with The Highlands Bank Online Banking Terms and Use Agreement.
- Clicking “I Disagree” means you have read and do not agree with The Highlands Bank Online Banking Terms and Use Agreement.