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UNITED BANK ONLINE BANKING SERVICE AGREEMENT
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Thank you for your interest in the United Bank Internet Banking service. This Agreement and Disclosure Statement provides information about the United Bank online banking service and contains the disclosures required by the Electronic Funds Transfer Act. Please review the following disclosure information.  Once you have completely reviewed the information, click “I Understand and Accept” to indicate your agreement and to begin the process of online banking.

 

ONLINE BANKING AGREEMENT
The undersigned ("I" or "we"), in consideration of United Bank, NA ("you" or "your") issuing me Login Codes for access to Internet Banking, hereby agrees to be legally bound by the following terms and conditions.

 

1. Internet Banking Services
I have the Checking and/or Savings account(s) with you set forth on my application form. I hereby request that you issue to me Login Codes to be used in connection with such accounts as described in the Agreement. I understand I may use Internet Banking to (1) transfer funds between accounts; (2) obtain available balances on accounts; (3) obtain the current balances on accounts; and (4) obtain transaction history on accounts.

 

2. Identification Number and Password
I understand that access requires the use of unique Login Codes assigned by you. I agree that electronic copies of communications are valid and I will not contest the validity of the originals absent proof of data or tampering. I understand that accessing Internet Banking with my Login Codes will authenticate and validate the directions given just as my actual signature will authenticate and validate my direction given to you. I acknowledge that my Login Codes are identification codes that are personal and confidential and that the use of the Login Codes is a security method by which you are helping me to maintain the security of my account(s). Therefore, I AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS MY LOGIN CODES. I AGREE THAT IF I GIVE MY LOGIN CODES TO SOMEONE ELSE TO USE, I AM AUTHORIZING THEM TO ACT ON MY BEHALF AND I WILL BE RESPONSIBLE FOR ANY USE OF THE CODES BY THEM AT ANYTIME.

 

3. Liability for Unauthorized Transactions
I agree to contact you at once if I believe the Login Codes issued to me has been lost or stolen. I also agree that if my monthly statement shows transactions which I did not make, and I do not contact you within 60 days after the statement was mailed to me; I risk the return of lost funds. I understand that if I believe an unauthorized transfer from any of my accounts has occurred, I will contact you by writing, calling or e-mailing you at:

 

Address:
United Bank, NA  
ATTN:  Internet Banking Support
PO Box 480
Absarokee, MT 59001

 

Phone:
406-328-4742 (during business hours)

 

Email:
info@ubsmt.com

 

4. Charges
I agree to pay the charges or transaction fees which are charged by you for these services or for services which may later be offered as such fees or charges may be imposed or changed from time to time.

 

5. Amendment of this Agreement
I agree that from time to time you may amend or change the terms of this Agreement including amendments or changes to add further On-line services or to amend or change the charges for these services. You may do so by notifying me in writing of such amendments or changes and my use of Internet Banking after the effective date of any such amendment or change shall constitute my acceptance of and agreement to such amendment or change.

 

6. Disclosure
I hereby acknowledge that I reviewed the Online Banking Disclosure & Agreement, informing me of my rights under the Electronic Fund Transfer Act.

 

ONLINE BANKING DISCLOSURE STATEMENT
The purpose of this Disclosure Statement is to inform you of certain rights that you have under the Electronic Fund Transfer Act.

Please Note: In this statement, the words "you" and "your" each refer to the person who uses or is authorized to use Internet Banking services. The words "we", "our" and "us" refer to United Bank NA.

 

1. Internet Banking Services
You may access our Internet Banking service using the personal Login Codes that we issue to you and conduct the following transactions:

Transfer funds between:

• your Checking account(s);

• your Savings account(s); and

Make payments to:

• your Loans and

• your Overdraft Protection Line

Obtain the available balance(s) in:

• your Checking account(s)

• your Savings account(s)

• your Loans

• your Certificates of Deposit/IRAs

Obtain the current balance(s):

• your Checking account(s)

• your Savings account(s)

• your Loans

• your Certificates of Deposit/IRAs

 

• Obtain transaction history from:

your Checking account(s), your Savings account(s), your Loans, and your Certificates of Deposit/IRAs

 

2. Account Transfers
i. Accounts. You may use the Service to initiate electronic funds transfers from a checking, savings or money market deposit account to any other deposit account at United Bank, NA. These types of transactions are referred to in this Agreement as “bank transfers.”

 

ii. Authorization. You expressly authorize United Bank, NA to debit the appropriate Account in the amount of any bank transfer initiated through the Service by you or by any other person whom you authorize to use your Logon ID and Password. You agree that we may treat any such bank transfer from an Account the same as a duly executed written withdrawal, transfer, or check and that we may treat any such bank transfer to an Account the same as a deposit, all in accordance with the terms of this Agreement and your deposit agreement(s) with us.

 

iii. Limitations. Bank transfers between Accounts may be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Accounts that are savings or money market deposit accounts are limited as required by federal regulation. For statement savings accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or on-line banking. For money market accounts, you may not make more than 6 transfers per statement period by preauthorized or automatic transfer or by telephone or online banking, and no more than 3 of these 6 permitted transfers may be by check, draft or debit card. You agree that we may, without notice or other obligation to you, refuse to make any bank transfer for security reasons or as otherwise expressly provided in this Agreement or your deposit agreement with us.

 

iv. Posting and Availability of Funds. If you authorize a bank transfer of available funds on or before 7:00 PM Mountain Standard Time on a business day, the bank transfer will be posted the same business day. If you authorize a bank transfer after 7:00 PM Mountain Standard Time on a business day, the bank transfer will be posted the next business day. Transferred funds will be available for withdrawal on the business day the bank transfer is posted. Please note that intervening holidays may alter the day of posting. Except as otherwise expressly provided in this Section, transferred funds will be available for transfer and withdrawal as provided in our Schedule of Funds Availability listed below and described in this Section 2(v) Schedule of Funds Availability:

 

If a bank transfer is initiated before 7 PM Mountain Time on:	Funds will be posted on:	Funds will be available on:
Monday	Monday	Tuesday
Tuesday	Tuesday	Wednesday
Wednesday	Wednesday	Thursday
Thursday	Thursday	Friday
Friday	Friday	Monday
Saturday	Monday	Tuesday
Sunday	Monday	Tuesday

 

3. Banking Services
Our On-line Banking service is available 24 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our on-line transfer business days are Monday through Friday, 7:00 pm. Transfers made on weekends, holidays, scheduled in advance or after 7:00 pm, will be processed on the next business day.

 

4. Identification Number and Password
Access to Internet Banking may be made by personal computer. Access requires the use of a unique login and Personal Identification Number (collectively, the "Login Codes") assigned by us. Your use of Internet Banking with the Login Code authorized by us will be deemed by us to be valid and authentic and you agree that any communications to us under your Login Code will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals, absent proof of altered data or tampering.

 

5. Lost or Stolen Login Codes

If you believe your Password or other means of access have been lost or stolen or that someone has used them without your authorization, immediately change your Internet Banking Password. This is done by accessing the Change Password option. To change the Access ID you will have to contact us immediately by writing, calling or E-mailing us at:

 

Address:
United Bank, NA
Attn: Internet Banking Support
P.O. Box 480
Absarokee, MT 59001

 

Phone:
406-328-4742 (business hours only)

 

Email:
info@ubsmt.com

 

Include in the message your name, address, telephone number and a brief description of the problem. All E-mail requests will be answered by close of the next business day.

 

6. Charges for Transactions
Depending on which service you subscribe to, you will be charged the applicable On-line banking monthly fee. For a listing of fees contact us. We reserve the right to change our fee schedule from time to time and to charge your account, in accordance with the fee schedule that will be provided to you, prior to assessment.

 

7. Record of Transaction
You will receive a monthly statement showing the status of your account(s), transactions made during the past month, and any charges, which we may impose, for such services or transactions.

 

8. Liability for Unauthorized Transfers/Transactions
CONTACT THE BANK IMMEDIATELY if you believe your Login Codes have been lost or stolen. Change your password and contact us.

 

If you notify us of a loss, your liability for unauthorized transfers or payments will be as follows:

If you contact us within two business days of the loss or your discovery of the loss, you can lose no more than $50.00 if someone used your Login Codes without your permission.

 

If someone used your Login Codes without your permission, you could lose as much as $500 if you do not contact us within two business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us.  Also, if your monthly statement shows transfers or payments that you did not make and you do not contact us within 60 days after the statement was mailed to you, you may not get back any funds lost after the 60 days, if we can prove that your contacting us would have prevented those losses.

 

9. Your Liability
You agree to the terms of this On-line Banking Disclosure and the schedule of fees that may be imposed. You authorize us to deduct these fees as accrued directly from your account balance. You are liable for all transactions that you authorize. If you have given someone your Internet Banking Login Codes or other means of access and want to terminate that person's authority you must change your identification number and password and make the Bank aware of your intentions in writing.

 

10. Account Restrictions
Your name must appear in the legal title to make transfers between accounts or to initiate bill payments. You may not transfer between accounts with legal or signature restrictions. However, an account(s) may be viewed if you are an authorized signer on the account(s).

 

11. Limits on On-line Banking Transactions
All transactions performed through our On-line Service will be considered a Pre-authorized Electronic Funds Transfer.

 

12. Our Liability for Failure to Complete Payments or Transfers
If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for damages caused by our failure unless:

• the account has been closed or is not in good standing.

• your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction.

• you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your account or otherwise complete the transaction.
• you do not properly follow our 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.
• you do not instruct us soon enough for your payment or transfer to be received and credited by the time it's due.

• the funds in the account from which a payment or transfer is to be made is subject to legal process or other claims restrict the transaction.

• circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken.

• there are insufficient funds in your account to complete the transaction.

• we have reason to believe that the transaction requested is unauthorized.
• the failure was caused by an act of God, fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control.

 

In any case, we shall only be liable for actual proven damages if the failure to make the transactions resulted from a bona fide error despite our procedures to avoid such error.

 

13. Change of Terms
We reserve the right to amend or terminate the services offered from time to time and we will notify you a minimum of 30 days prior to any change by written notice to your last known address. We will effect each amendment by mailing or otherwise delivering such amendment, revised agreement and notice thereof to you in accordance with applicable federal and state laws. If no federal or state law specifically governs the amendment, the amendment shall be effected by mailing or otherwise delivering it to you or posting it in our full-service branch offices at least 10 calendar days prior to the effective date of the amendment.

 

Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of this Agreement without prior notice or obligation to you: (a) if the software or Service Provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) if we change our Service Provider, (c) for security reasons; (d) to comply with applicable law; or (e) as otherwise expressly provided in this Agreement. Your continued use of the Service after the effective date of such revisions will constitute your acceptance of the revisions and the revised Agreement.

 

14. Waiver of Agreement
Any waiver of any term of this Agreement by us on occasion will not prevent us from asserting our rights to these terms in the future.

 

15. Termination
You may terminate the Agreement and your On-line Banking Service at any time upon giving written notice of the termination to us. If you terminate, you authorize us to continue making transfers and bill payments you have previously authorized until we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice, we will make no further transfers or payments from your account.  If we terminate your use of your subscribed On-line Service, we reserve the right to make no further transfers or payments from your account, including any transaction you have previously authorized.

 

16. Disclosure of Account Information
We will disclose information about your account or the transactions you make to third parties:

• where it is necessary to complete transactions;

• to verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau;

• in accordance with your written permission;

• in order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports;

• and/or on receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

 

17. Our Policy and Pricing Guide and Terms and Conditions on Deposit Accounts are available at our banking office upon request.

 

18. Browser Security
United Bank, NA Internet Banking transmits data using SSL (Secure Socket Layer) technology that supports 128-bit key encryption. It is important to verify that a secure connection between your bank and the Internet Banking server has been established before transmitting any confidential account information over the Internet. An indicator in the lower right corner of the screen can verify this. When using Netscape, the lock symbol appears "solid," when transmitted data is being encrypted. When this lock symbol appears "broken," a secure session has not been established. Similarly, Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol does not appear, a session is not secure.

 

19. Host Security
United Bank, NA web server does not connect directly to the Internet. It is buffered from the Internet through the use of a firewall. All access from outside the bank must go through this firewall, which screens the requests and allows only valid https traffic to reach the server. United Bank NA Internet Banking makes use of an ICSA-certified firewall.

 

20. Electronic Mail Service
United Bank, NA has provided you with access to the United Bank NA e-mail service. You may use the Service to send e-mails to us and to receive e-mails from us. The United Bank NA customer support e-mail address is: info@ubsmt.com. The United Bank NA e-mail service may not be used to make bank transfers between Accounts or to make loan payments from an Account. E-mail transmitted by you to us often will not be delivered to us immediately. If you need to contact us immediately to stop payment, to report the unauthorized use of your Logon ID and Password, to report unauthorized access to an Account, or for any other reason, you should call us at 406-328-4742. We will not be responsible for acting on or responding to any e-mail request until we actually receive your e-mail message and have a reasonable opportunity to act. We will attempt to notify you of any technical difficulties or other occurrence that may affect your use of the e-mail service by posting such notice on the United Bank NA website.

 

21. Stop Payment Rights
To stop payment on a payment to a third party company you must contact us directly within 24 hours of entering the payment. There will be a $16.50 stop payment charge per payment. Call United Bank NA support at 406-328-4742 to cancel your payment.

 

22. Errors and Adjustments
In case of errors or questions regarding transactions through the Service, telephone us at 406-328-4742, or write us at United Bank NA, as soon as you can if you think your statement is wrong or if you need more information about a transfer listed on the account statement. We must hear from you no later than 60 days after we sent the first account statement on which the problem or error appeared.

 

Please provide us with:

(i) your name and account number (if any),

(ii) a description of the error or the transfer you are unsure about and an explanation of why you believe it is an error or why you need more information, and

(iii) the dollar amount of the suspected error.

 

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 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 your complaint or question. If we conduct this investigation, we will credit your account within 10 business days for the amount you think is in error, so that you will have the 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 10 business days, we may not credit your account.

 

We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the Account was made, the applicable time periods for the action shall be 20 business days in place of 10 business days.

 

Our liability for electronic fund transfers made to or from Accounts is also governed by our Electronic Fund Transfers (“EFT”) Disclosure. If any provision herein is inconsistent with any provision of our EFT Disclosure or any provision of applicable law that cannot be varied or waived by agreement, the provisions of our EFT disclosure or applicable law shall control. To the fullest extent permitted by applicable law, you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of delay or failure in the performance of any United Bank NA online banking service in accordance with the terms of this Agreement, including but not limited to those described in this Agreement, except with respect to any provisions of the law applying to electronic funds transfer that cannot be varied or waived by agreement. In no event will United Bank NA be liable for any consequential, special, or punitive damages or for any indirect loss that you may incur or suffer in connection with the Service (even if United Bank NA has been informed of the possibility of such damages), including, without limitation, attorneys fees. The Service Provider is an independent contractor and not a United Bank NA agent. United Bank NA sole duty shall be to exercise reasonable care in the initial selection of the Service Provider. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE BY United Bank NA WITH RESPECT TO ANY United Bank NA ONLINE BANKING SERVICE OR THE SOFTWARE, AND United Bank NA HEREBY DISCLAIMS ALL SUCH WARRANTIES. The only warranties are those provided by the licensor of the software and set forth on the software package. To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing, United Bank NA shall not be liable at any time to you or any other person for any loss, charge, fee, penalty, expense or other damage resulting from any failure or delay of the performance of United Bank NA responsibilities under this Agreement which is caused or occasioned by any act or thing beyond United Bank NA reasonable control, including, without limitation, legal restraint, interruption of transmission facilities, the failure of mechanical or electronic equipment communications lines, telephone or other interconnect problems, operator errors, log-in sequences, severe weather, earthquakes, floods or other such events, or refusal or delay by the Service Provider or another bank or financial institution to execute any bank transfer or loan payment. In addition, United Bank NA shall be excused from any failure or delay in executing a bank transfer or loan payment, if such execution would result in the violation of any applicable state or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you agree that United Bank NA shall not have any liability whatsoever for any loss caused by the act, error, or omission of you or any other person, including, without limitation, the Service Provider, any internet access service provider, any Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial institution, and no such person shall be deemed United Bank NA agent.

There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer or bill payment, and we will not be liable for any indirect, incidental, exemplary or consequential damages.

 

23. Other Agreements; Server Ability; Governing Law
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature cards or account agreements for your Account(s), the applicable account disclosures, [the Service Schedule, the Schedule of Funds Availability, United Bank NA Electronic Transfer Agreement and Disclosure Statement, the agreements governing the Credit Accounts, and the Application, all as may be amended from time to time.] In the event of any conflict in such other related agreements and disclosure regarding United Bank NA obligations to you, the terms of this Agreement will control. If any provision of this Agreement should be held to be invalid, illegal or unenforceable, the parties agree that the remaining provisions of this Agreement should be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. No consumer protection provision of the Federal Electronic Fund Transfer Act of Federal Reserve Board Regulation E is intended to be waived by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the operating rules and guidelines of the National Automated Clearing House Association and the applicable local automated clearing house association as in affect from time to time with respect to all automated clearing house transfers made hereunder. This Agreement and the Service will be governed by the substantive laws of the state of Montana, without regard to its rules regarding conflict of laws, and applicable federal law, without regard to any different state laws that may govern your Accounts. You agree that if there is any inconsistency between the terms of this Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.

 

A FULL SERVICE BANK - ACCOUNTS INSURED TO $100,000.00 BY FDIC 

 

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