Online banking agreement

This is a binding legal document that involves legal rights and remedies for you and CBank. By choosing to sign below or by choosing "accept" on the website, you are agreeing to be bound by this agreement for the access to and use of the CBank Online Banking website.  If, at any time, you are not satisfied with the CBank website, notify CBank in writing.  These terms and conditions of use will be deemed accepted by you, and will become a binding legal contract obligation.  If you are using the website on behalf of your employer, you warrant and represent that you are authorized and empowered to review and accept this agreement on behalf of your employer organization.

The first time you access your account through Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.

Introduction

This Agreement explains the terms and conditions for accessing accounts and conducting transactions at CBank ("CBank", "we", "us" and "our") via our on-line Online Banking site(s) ("Online Banking"). As used in this Agreement, the terms "you" and "your" refer to each person enrolling in online banking services.

Benefits of Online Banking

Through Online Banking, you can manage eligible accounts from your home or office on a personal computer.  Online Banking can be used to conduct any of the following "On–Line Financial Services": 

CBank may, from time to time, introduce new services.  By using those services when they become available, you agree to be bound by the terms of this Agreement, and its subsequent amendments.

Security & Protecting Your Account

We are strongly committed to the security and confidentiality of our customers accounts information. We use several techniques to help secure our Online Banking service, including the following:

Please be advised that despite the security techniques we have put into place, the fact remains that the internet is a public network, subject to all risks to security and data corruption attendant thereto.  You agree that CBank is not responsible for unauthorized access to, or misuse of, your account or property by unauthorized persons, except as provided in this Agreement, or for data corruption caused by Internet communications.  You agree to make no attempt to access or use any account belonging to others.  We may terminate your access and use of any CBank website if we believe your access or use is infringing any rights of others.

Requirements

To access you must use Internet Explorer or Netscape Navigator or a compatible web browser and 128-bit data encryption.

In addition to compatible software, you must have an Access ID, Password and maintain one or more of the following eligible accounts at CBank:

Passwords

Your password will give you access to CBank accounts via Online Banking.  CBank is entitled to act on any instructions it receives using your password.  For security purposes, it is recommended that you memorize your password.  Do not write down your password.  We also recommend that you change your password regularly to try and avoid misappropriation by a third party.  Your password can be changed at our Online Banking site.  You are responsible for keeping your password and account data confidential.  When you give someone your password, you are authorizing that person to use Online Banking.  You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s).  You agree that CBank will not be liable for any losses you incur as result of authorized or unauthorized use of your password, except as specifically provided in this Agreement.

Accessibility

You can usually access Online Banking seven (7) days a week, twenty-four (24) hours a day.  However, at certain times, some or all of Online Banking may not be available due to system maintenance or reasons beyond CBank’s control.  CBank does not warrant that Online Banking will be available at all times.  When unavailable, you may use an automated teller ("ATM") or visit CBank to conduct your transactions.  An On-Line Banking transaction initiated prior to 4:30 pm (Eastern Time) on a business day is posted to your account the same business day.  All transactions completed after 4:30 pm (Eastern Time), or on a non-banking day will be posted the next business day after the day of deposit.

Restrictions

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any persons or entity while using the Online Banking.  You may not gain, or attempt to gain, access to any Online Banking and/or  server, network or data not specifically permitted to you by CBank or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with CBank or its suppliers.

Responsibility

Neither CBank nor its suppliers will be responsible for any transactions if:

Fees and Charges

We currently do not charge for our Online Banking product.  You agree that the fees and charges may be changed by CBank at any time.  We will notify you of the changes to the extent required by law.  You also acknowledge that certain requests, whether made through the Internet, in person or by telephone (such as account statement and Check reorders) may be charged a fee, but you will be notified of the fee at that time.

Unauthorized Transactions

You should notify us immediately, if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s).  If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50.  If you do not tell us within the two (2) business day period, you could lose up to $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record.  We must hear from you no later than sixty (60) days after we sent the first statement on which the problem or error appeared.  (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days).  If you fail to notify us within sixty (60) day period, you may not receive any of the money you lost if we can establish that the lost could have been avoided had you notified us on time.  We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.

When you report a problem or discrepancy, please (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number.  Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you.  However, we make take up to forty-five (45) days, or ninety (90) days in the case of a point of sale or international transactions, to investigate your complaint or question.  In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation.  If you fail to provide your complaint or questions in writing in ten (10) business days of a request to us to do so, we reserve the right to not credit your account.  If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions.  If we determine there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account.  You may request copies of any documents that we use in our investigation.

Electronic Mail (Email)

Sending Email is a very good way to communicate with CBank regarding your accounts.  However, your email is actually sent via your own software and, as a result, is not secure.  Because of this you should not include confidential information, such as account numbers and balances in any email to CBank.  You cannot use email to initiate Online Banking transactions.  All such transactions must be initiated using the appropriate functions within the Online Banking site.  CBank will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

Disclosure of Information

Information submitted to CBank through the use of our Online Banking product will be used only for the purposes of completing transactions initiated by you.  Information submitted to CBank through email may be retained for the content of your email message, your email address and our subsequent response.  Information shared with any third party service provider of our Online Banking product is confidential.  They do not use, sell or otherwise transmit any nonpublic personal information except to process transactions authorized by an individual or as specifically instructed by us.

Links to other Sites

Information that CBank publishes on the World Wide Web may contain links to other sites and third parties may establish links to CBank‘s site. CBank makes no representations to about any other web site that you may access to, from, or through this site.  Unless expressly stated in writing CBank does not endorse the products or services offered by any company or person linked to this site nor is CBank responsible for any software or the content of any information published on the site of any third party.  You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

Virus Protection

CBank is not responsible for any electronic virus you may encounter using Online Banking.  We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses.  If undetected and not repaired, a virus can corrupt and destroy your programs, files and hardware.

Damages and Warranties

Except as specifically provided in this Agreement, CBank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, "Losses") caused by Online Banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by CBank or one of its suppliers.  In addition, CBank disclaims any responsibility for any electronic virus(s) or other computer problems customers may encounter after installation of such software or use of Online Banking.  Without limited the foregoing, neither CBank nor its suppliers shall be liable for any:  (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network; or (iii) data corruption. CBank and its suppliers provide Online Banking from their own sites and they make no representation or warranty of any information, material or functions included in Online Banking, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations.  Neither CBank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Online Banking or contained in any third party sites linked to or from CBank’s web site. CBANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME.  CBANK DISCALIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSSE OR ERROR-FREE OPERATION.

Indemnification

Customer shall indemnify, defend and hold harmless, CBank and its officers, employees, directors, suppliers and agents in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customers negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement

Additional Remedies

Due to the likelihood of irreparable injury, CBank shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

Termination and Changes in Terms

CBank reserves the right to terminate this Agreement or to change the charges, fees or terms described in this Agreement at any time.  When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and /or 3) update our web site.

Applicable Rules, Laws, and Regulations

You submit to the jurisdiction of, and this Agreement shall be governed by, the laws of the State of Ohio, as well as the laws of the United States of America for any action arising out of this Agreement shall be in state court of competent jurisdiction.  The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.

Assignment

CBank may assign its rights and/or delegates all or a portion on its duties under this Agreement to a third party.

Integration

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings, and representations concerning such subject matter are canceled in their entirety.  Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and CBank.

Waiver

CBank shall not, by the mere lapse of time, without giving notice or taking action, be deemed to have waived any of its rights under this Agreement.  No waiver by CBank of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

Force Majeure

Neither party shall be liable for any loss or damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control.  Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

Construction; Amendment of Agreement

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is conflict between a part of this Agreement and any present or future law, the part of the agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

CBank reserves the right to alter or amend this Agreement from time to time.

I agree to be bound by the terms and conditions of this Online Banking Agreement and acknowledge its receipt and understand its terms.  I also acknowledge that any changes or additions to this Agreement will become a permanent addendum to this Agreement.