Sometimes unscrupulous people attempt to get personal or
private financial information from our customers by claiming to be
First State Bank of Forsyth or even a government agency. We urge you
to be extremely careful. Please know that this bank will NOT ask for
any personal or private information over the telephone or internet.
We will never ask you to send personal or confidential information
TERMS AND CONDITIONS FOR INTERNET
(please read and print this agreement before clicking the "I Agree"
PERSONAL ONLINE AND MOBILE BANKING ACCESS AND SERVICES AGREEMENT
First State Bank of Forsyth ("Bank") is pleased to
provide its customers with online and mobile access to their
accounts. This Agreement outlines the general terms and
conditions applicable to online and mobile account access, as
well as other special online and mobile services offered by the
"Access Credentials" means the Access ID, Password, PIN,
and security questions used to authenticate identity and
access the Services.
"Account" or "Accounts" means the deposit, loan, and/or
certificate of deposit account(s) identified in your
"Account Agreements" means the terms and conditions
governing your Accounts, as well as the federal
regulatory disclosures applicable to your Accounts.
"Account Holder" means you as the owner of an Account.
If there is more than one owner of an Account you are
collectively referred to as the "Account Holders."
"Agreement" means this Online and Mobile Banking and
"Alerts" means Account and transactional related
"Authorized Representative" means a person with
authority to take action or make decisions on behalf of
another person with respect to an Account and includes
any person the Account Holder may authorize to access an
Account or use the Services. .
"Enrollment Form" means the form you complete and submit
to receive each of the various Services described in
"Enrolled Service" means each Service for which you
"Mobile Services" means the Services accessed via mobile
"Online Services" means the Services accessed via online
"Services" means the online and mobile account access
and other special services identified in this Agreement.
"System" means the computer and internet service by
which you obtain online access and/or the mobile device
and wireless carrier by which you obtain mobile access.
"Website" means the Bank website accessible at
"We," "our," and "us" means the Bank.
"You" and "your" refers to anyone who accesses the
Website and/or Account Holders and anyone else with the
authority to deposit, withdraw, or exercise control over
the funds in the Account who utilize the Services.
Access to Services. The Website is utilized to enroll in the
Services and for access to the Online Services. Access
to Services requires appropriate Systems and equipment
as specified in the Enrollment Forms or as specified by
Bank from time to time.
Agreements Governing the Services. By enrolling in and using the Services
described in this Agreement, you represent that you are
the Account Holder of the Account(s) and agree that your
use of the Services will be governed by the terms and
conditions contained in any applicable Enrollment Forms,
this Agreement, and the Account Agreement(s) applicable
to the Account(s) for which the Services are utilized.
In the event of a conflict between these various
agreements, the applicable Enrollment Form (if any), or
this Agreement, in that order, shall control as to the
specific conflict at issue, unless this Agreement
specifically states otherwise.
Account Holders. If an Account for which Services are
requested is a multiple party or joint account, each
account holder shall be jointly and severally
(individually) liable for all actions and transactions
made on the Account. By enrolling in any Service you
acknowledge that you are responsible for all
transactions made by all Account Holders and any
- Services Offered
Online Account Access with Online Banking
Online Banking Services ("Internet Banking") provides
general online access to Accounts. When enrolled in
Internet Banking you
can view Account balances, transaction information, and
check images; make internal funds transfers between
Accounts; initiate single item stop payment orders;
pay bills (if also enrolled in Bill Payment
Services); and engage in Mobile Banking (if also
enrolled in Mobile Banking Services).
Mobile Account Access with Mobile Banking
Services. Mobile Banking Services ("Mobile Banking")
provides general mobile access to Accounts utilizing a
mobile device. When enrolled in Mobile Banking you can
view Account balances and transaction information, make
internal funds transfers between Accounts
locations, pay bills (if also enrolled in Bill Payment
Bill Payment with Bill Payment Services. Bill
Payment Services provides online bill payment services
if enrolled in Internet Banking and mobile bill payment
services if enrolled in Mobile Banking. When enrolled in
Bill Pay you can pay bills, schedule recurring payments,
set due date reminders, and receive bills electronically
from participating merchants.
- How You Sign-Up for
Enrollment Forms for each of the Services are provided on our
website. Each Enrollment Form will identify the Account(s) for
which Services will be provided and terms and conditions
specifically relating to the Service, if any. By using a Service
you agree to the terms and conditions contained in this
Agreement as well as the specific terms and conditions relating
to the Service.
- Your Responsibilities
When Using These Services
Access Security. When enrolled to receive Services you will
utilize Access Credentials you establish. The Access
Credentials can be used to view Account information,
transfer and withdraw funds, and otherwise access the
Account utilizing the Services. You acknowledge that you
are solely responsible for the security of the Access
Credentials and for any transactions authorized using
the Access Credentials. Bank is not liable for any
losses causes by the improper or negligent maintenance
of secure information or the actions of a third party as
a result of unauthorized use of Access Credentials; you
are responsible for all transactions conducted using the
Access Credentials. Bank is entitled to act upon
instructions received through any Service under the
applicable Access Credentials without inquiring into the
identity of the person using the Access Credentials or
the validity of the transaction. Neither Bank nor its
employees will ask for your Access Credentials. You
hereby indemnify and release Bank from any and all
liability and agree not to make any claim against Bank
or bring any action against Bank for honoring or
allowing any actions or transactions where the proper
Access Credentials are utilized.
You assume all liability and responsibility to monitor
the Accounts and must immediately notify Bank if you
discover or suspect an objectionable or unauthorized
transaction or activity in an Account. You may at any
time ask Bank to disable your Access Credentials and
issue new Access Credentials to you.
System Security. It is your responsibility to protect your
System's security and to protect your System against
viruses, worms, trojans, and other items of a
destructive nature. You agree to use reasonable care not
to introduce any such items to our website or any
Services offered through the Bank's website.
Transmission and Transaction Risks. You acknowledge that the electronic
transmission of confidential information is performed at
your own risk. You assume all liability and
responsibility to monitor the Accounts and in the event
you discover or suspect an objectionable or unauthorized
transaction or activity in an Account, you will
immediately contact Bank.
- Account Information.
Balance and transaction information available via the Services
is subject to the Bank's provisional credit, posting, and funds
availability policies and may not reflect same day transactions.
Account histories for transactions made via the Online and
Mobile Services may be limited and you should review your
Account statements for additional or historical information.
- General Terms and
This Agreement if effective as to each Service on the
date of Enrollment and will remain effective from that
date until the Service is terminated by Bank or you.
Interruption of Services. The Services may be unavailable at certain
times for the following reasons:
maintenance or upgrades
unscheduled maintenance as may be necessary from
time to time
Outages caused by
major unforeseen events impacting Bank or its third
party processors, such as, but not limited to,
earthquakes, fires, floods, computer failures,
interruptions in telephone or internet service or
electrical outages that interrupt access to the
or failures, which are expressly not the
responsibility of Bank Although Bank will make all
reasonable efforts to ensure the availability of the
Services, Bank is in no way liable for the
unavailability of the Services or any consequential
damages that may result therefrom.
Liability Limitation. Bank will not be liable for any claims,
demands, liabilities, costs, losses, judgments, expenses
and damages of any and every kind (including reasonable
attorneys' fees and costs) ("Losses") paid,
suffered, or incurred by you, and you will indemnify
Bank from and hold Bank harmless against any Losses
paid, suffered, or incurred by it, arising directly or
indirectly as a result of or in connection with (i) your
performance or failure to perform your obligations in
accordance with all applicable agreements; (ii) any
forged or unauthorized signatures in any documentation
executed in conjunction with this Agreement; (iii)
Bank's acting on any information furnished by or on
behalf of you; or (iv) the exercise of Bank's rights, or
performance of Bank's obligations in accordance with the
provisions governing all applicable agreements governing
Bank will not be liable for any Losses arising from the
use of the Services, except to the extent that the
Losses arise from Bank's own gross negligence or willful
misconduct. Bank will not be liable for information or
data that is inaccurate, incomplete, or not current.
Information and data available from the Services is
provided for reference purposes only. Bank's liability
to you for any Losses, regardless of form, shall not
exceed the monthly service fee portion of the applicable
fees paid to Bank for the six (6) months prior to the
occurrence of the loss. Under no circumstances will Bank
be liable for any incidental or consequential damages,
or damages caused in whole or in part by the action or
inaction of you or an Authorized Representative. Bank
shall not be liable for any failure or delay in
performance of its obligations under this Agreement or
any Losses or delay caused by accidents; strikes; fire;
flood; earthquake; disasters; war; terrorism, riot;
equipment or system breakdown; electrical, mechanical or
communication line failure; acts of God; government
regulations; or any cause that is reasonably unavoidable
or beyond its control. You agree that the fees charged
by Bank for the performance of the Services shall be
deemed to have been established in contemplation of
these limitations on Bank's liability.
Communications with the Bank. You can contact us for help with the
Services by calling 406-346-2111.
As regular email is not secure, we caution
against using email for transmitting any sensitive
personal information. Because your identity cannot be
confirmed, we cannot act on any instructions received
via regular email. We recommend using the Secure
Messaging System within Internet Banking for
transmitting any sensitive information and or requests.
Your Access Credentials are confirmed when you login to
Internet Banking ; therefore, when you send a Secure
Message though Internet Banking, any instructions
received by you will be acted upon as if you had
provided those instructions in person. Do not rely on
the Secure Messaging System or email when reporting lost
or stolen Access Credentials, debit cards, or ATM cards.
Do not send transfer or payment requests via email.
Bank may change and update operating procedures and
terms and conditions for the Services upon providing
notice to you. If this Agreement or the terms and
conditions for use of the Services is modified, your
continued use of the Services will be deemed to be
acceptance of the modifications.
Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR OWN RISK. EXCEPT AS OTHERWISE SPECIFICALLY
PROVIDED FOR IN THIS AGREEMENT, BANK MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRIGEMENT. BANK SHALL NOT BE
RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE
ARISING DIRECTLY OR INDIRECTLY FROM FURNISHING THE
SERVICES UNDER THIS AGREEMENT.
You may not transfer or assign your rights or duties
under this Agreement or the Services to another party.
If you are dissatisfied with any aspect of the Enrolled
Services, your sole and exclusive remedy is to
discontinue use of the Enrolled Service. Bank may
discontinue the Services by providing advance written
notice to you. The liability and indemnification
provisions of this Agreement shall survive the
termination of Services.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Montana. The
parties hereby agree to submit to the exclusive
jurisdiction of the state and federal courts of the
State of Montana with respect to any lawsuit pertaining
to this Agreement.
No waiver by either party of any breach or default under
this Agreement by the other party shall be construed as
a waiver of any succeeding breach.
You will pay fees for Enrolled Services as set forth in Bank's
most current Schedule of Charges or as specifically disclosed
for the applicable Service, as may be amended from time to time.
Bank will collect fees for Enrolled Services by debiting any of
the Accounts for the amount of such fees, without prior written
notice to you, on the day the fees are due, unless otherwise
agreed by Bank.
All of the Services involve the use of Internet and/or wireless
mobile device services. You agree to pay for all Internet,
telephone, and wireless mobile device charges or fees incurred
in accessing the Bank's website and utilizing the Enrolled
Services and acknowledge that your wireless provider's
message and data rates may apply
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