General Disclaimer Trustco Bank Retail Online Banking, Bill Paying
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General Disclaimer Trustco Bank Retail Online Banking, Bill Paying and Mobile Banking Agreement, and Electronic Fund Transfers Disclosure Agreement (Personal Customers Only) This Trustco Bank Retail Online Agreement Banking, Bill Paying and Mobile Banking Agreement, and Electronic Fund Transfers Disclosure (collectively hereinafter the "Agreement") is a contract which establishes the rules which cover your electronic access to your accounts at Trustco Bank in conjunction with Trustco Bank Retail Online Banking (hereafter referred to as "Online Banking" ). By using Online Banking, you accept all the terms and conditions of this Agreement. Please read it carefully and retain a copy for your records. The terms and conditions of the deposit agreements and disclosures for each of your Trustco Bank deposit accounts (the Trustco Bank Rules and Regulations governing the Accounts, also referred to herein as the "Account Rules"), the Trustco Bank Schedule of Service Charges as published and updated from time to time, as well as your other agreements with Trustco Bank such as those related to loans, are incorporated by reference herein and continue to apply notwithstanding anything to the contrary in this Agreement. If there is any conflict or inconsistency between those other agreements and this Agreement, the terms of this Agreement shall apply to the extent of the conflict. This Agreement is also subject to applicable federal and state (except to the extent this Agreement can and does vary from such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. You may not assign this Agreement. This Agreement is binding upon your heirs and Trustco Bank's successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the applicable fee schedule(s), constitutes the entire agreement between you and Trustco Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein. Acceptance. By clicking the box below titled "I Accept the Disclaimer" and by using Online Banking , including the bill paying or mobile banking services (together, the "Services"), you agree to the terms and conditions in this Agreement. You also agree that such terms and conditions (including any changes to them, after their effective date) shall apply to the use of these Services by you and any others whom you have permitted to use your access credentials (e.g., Log-on ID and Password) to access the Services. If you do not agree with these terms and conditions, you may not use the Services. By using these Services, you consent to the electronic transmission of your financial information as contemplated by the Services, and your consent will be considered effective for as long as you use the Services. ONLINE BANKING TERMS 1. Definitions As used in this Agreement: "We," "our," "us" mean Trustco Bank. "You" and "your" refers to the person(s) or entity authorized by Trustco Bank to use Online Banking under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through Online Banking. Unless otherwise specified in this Agreement, the provisions of Agreement apply only to Personal Customers using Online Banking and any associated features or services. "Personal Customer" refers to the owner of a personal deposit Account or the borrower on a personal credit Account established primarily for personal, family or household purposes. "Designated Account" means the transaction deposit account you designated when you applied for Online Banking, or that you subsequently designate by change and from which we will make payments on your behalf. In addition, the Designated Account will be used to pay Online Banking charges and fees for the use of Online Banking. "Account(s)" means, unless otherwise specified herein, the Designated Account and any deposit, loan, or other accounts you have at Trustco Bank to which you have access through Online Banking. "Electronic fund transfers" (or "EFT') as used in this Agreement is defined in the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) and Consumer Financial Protection Bureau Regulation E (12 C.F.R. Part 1005), each as may be amended from time to time, and includes but is not limited to ATM withdrawals, preauthorized transactions, point-of-sale transactions, transfers to and from Trustco Bank deposit Accounts using Online Banking. "Business Day" means any day except Saturday, Sunday and Federal holidays. The Trustco Bank Online Banking Business Day ends at 9:00 PM Eastern Standard Time (EST) unless otherwise posted. Any transaction made through Online Banking on or after 9:00 PM will be processed on the following Business Day. 2. Access Requirements In order to enroll in Online Banking, you must have at least one transaction deposit Account at Trustco Bank, and an e-mail address. In order to use Online Banking, you will need: (1) a personal computer or similar Internet-enabled machine ("Computer"), and any software and required equipment that can support the Internet browsers recommended in this Section, or (2) for some features of the Services, a mobile or wireless Internet-enabled access device ("Mobile Device" or "Wireless Device"), and any software and required equipment that can support the Internet browsers recommended in this Section or in the Mobile Banking Terms section of this Agreement. You are responsible for the installation, maintenance, and operation of your Computer or Mobile Device and all related charges. You are responsible for installing and maintaining appropriate virus protection on your Computer or Mobile Device. We are not responsible for any errors or failures caused by any malfunction of your Computer or Mobile Device, or for any viruses, spyware, malware, worms, or related problems that may be associated with your Computer or Mobile Device. In order to better protect your Online Banking activities, it is recommended that you use Microsoft Internet Explorer Version 8.0 (or higher) with 128-bit encryption or Mozilla Firefox Version 3.6 (or higher) with 128- bit encryption to access Online Banking at http://www.trustcobank.com/ or such other Internet address as we may provide from time to time. We are not responsible for monitoring transactions through Online Banking to determine whether they are made by or on the behalf of the account holder. We are also not responsible for any losses or delays in transmission of information that you provide to us or otherwise arising out of or incurred in connection with the use of any Internet or other service provider providing your connection to the Internet or any browser software. You are also responsible for all telephone, mobile remote access, and other similar data charges incurred in connecting to the Services and for charges by any Internet service providing connection to the Internet, including Short Message Services (SMS) or what is commonly referred to as text messaging. 3. Online Banking Basic Features You can use Trustco Bank's Online Banking to check the balance in your Trustco Bank Account(s), view Trustco Bank Account histories, export Account histories including the use of financial management software, transfer funds between your Eligible Trustco Bank Accounts, change your address, reorder checks, submit stop payment requests on checks you have written, enroll in and access the bill paying and mobile banking services, and sign up for Account alerts. An "Eligible Account" is an Account linked to Online Banking that does not have withdrawal restrictions, or that requires direct updating by us. Because of withdrawal restrictions, a certificate of deposit and a passbook savings account are not Eligible Accounts. 4. Your Log-on ID, Password, and Secure Login Information Once we have verified your identity through online enrollment, you will be activated for use of Trustco Bank Online Banking. For security reasons and to maintain the confidentiality of your Log-on ID, Password(s), and Secure Login information, you will select your own Log-on ID, Password, and other "secure" factors authenticating and authorizing you to obtain access to Online Banking. Secure Login security incorporates a multi-part credential for each user of Online Banking that is in addition to Log-on IDs and Password security. It incorporates an additional factor(s) of identity authentication that may include, but is not limited to, additional log-in security features such as security cookies, device recognition and registration, and flash objects. Secure Login security will require each user of Online Banking to establish and utilize, in addition to individual Log-on IDs and Passwords, his/her own individual authentication through the use of personal identifying images and questions as part of a multi- part credential. You can change your Password (minimum of six (6) characters) on Online Banking at any time. YOU SHOULD CHANGE YOUR PASSWORD PERIODICALLY. You authorize us to follow any instructions entered through Online Banking using your Log-on ID, Password, and Secure Login information. Your access to Online Banking will be blocked in the event your Log-on ID or Password is entered incorrectly on three (3) consecutive access attempts. If this occurs, please call Trustco Bank Online Banking Support at 518-381-3615 or 1-800-670-3110. Except as is more fully discussed in this Agreement, you understand and agree that you are responsible for all transfers and payments made through Online Banking. You also acknowledge and agree that if you permit another party(ies) to use your Log-on ID and Password to access Online Banking , or otherwise authorize them to use Online Banking, you are responsible for any and all transactions that party(ies) makes from your Account, even if it exceeds your authorization.