Enrollment Disclosure

TERMS AND CONDITIONS OF USE

AGREEMENT

This Agreement is a contract that establishes the rules which cover your electronic access to accounts at [Farmers State Bank. By using our Internet Banking Service, you accept all the terms and conditions of this Agreement. If you wish to receive a paper copy of this Enrollment Disclosure please contact us at 785-467-3560 and a copy will be provided to you at no cost.

Each time you use or authorize others to use Internet Banking Services it constitutes confirmation by you of your agreement to and understanding of the terms of this Agreement and any screens that appear on your computer when you sign on to our website.

DEFINITIONS. As used in this Agreement:

“We”, “Our”, “Us”, and “Bank” refer to Farmers State Bank.

“You”, “Your”, “Customer”, and “Company” refer to the accountholder authorized by the bank to use Internet Banking Services under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder’s funds.

“Account” or “Accounts” means your accounts, or accounts that you exercise control over, at Farmers State Bank including checking, savings, loan and all other deposit and transaction accounts subject to this Agreement.

“Electronic Funds Transfers” has the same meaning as in Regulation E (12 CFR 205) and refers to ATM withdrawals, preauthorized transactions, point of sale transactions and transfers to and from accounts using Internet Banking Services.

“Internet Banking Service(s)” means the services provided pursuant to this  Agreement.

“Business Day” means Monday through Friday, excluding Federal Holidays and any days we are closed. “Banking Hours” means 8-4 Monday thru Thursday and 8-5 on Friday CST on a business day.

“Website” means the bank’s website at https://fsbfairview.com

1. Accounts and Services – You agree to use our Internet Banking Service solely for the services described in this Agreement and solely in connection with each account in which you are authorized to conduct transactions or obtain information.
   
2. Internet Banking Service – You may use our Internet Banking Service for the following functions:
   • Obtain account balance information
   • Review transactions in account
   • Receive and download account information
   • Transfer funds between accounts
   • Access account statements
     
3. Additional Services – We  may, from time to time, make additional services available through our Internet Banking. Our notification may be in the    form of information posted on our website and will be subject to the terms of this Agreement unless otherwise stated. By using these additional services, you agree to be bound by this Agreement and any additional instructions, procedures and terms provided to you with respect to each of these new   services as amendments to this Agreement.
   
4. Password – We will assign you a User ID and an initial Password. You will be prompted to change your user ID and password immediately after signing on with your initial password. You may change your password at anytime by selecting the Services option and clicking on Change Password. It is recommended that you do not use your social security number, birthday, name, or other codes that may be easy for others to determine as your password.
   All Internet Banking Service transactions or inquiries must be initiated by use of your user ID and password. We may accept as authentic any instructions given to us through the use of your password.
   
   Confidentiality of Your Password
   
   You agree to keep your password confidential. If you are contacted by anyone requesting this information, DO NOT PROVIDE IT, and please contact us immediately. Use of the password will be considered the same as your written signature authorizing us to complete any transaction or request communicated through our Internet Banking Service. You agree that any Internet Banking Service transaction or request initiated by use of the password will be subject to and governed by this Agreement.
   
   If you authorize another person to use your password, that person can use the Internet Banking Service to view any information or initiate any  transaction on any of the accounts to the same extent as you, including viewing information or initiating transactions on accounts to which that person does not otherwise have access. As such, your sharing of your password is strongly discouraged by the bank, and done at your sole risk and peril. If any third party should gain access to your password, you alone are responsible for changing the password so as to deny the third party’s access to your banking information. If you permit another person to use Internet Banking Services or give them your user ID or password, you are responsible for transfers or advances that person makes from your accounts, even if that person exceeds your authorization.
   
   You agree to notify us immediately if your password is lost or stolen or if you believe someone else has discovered your password. Please call [YOUR BANK PHONE #] during normal business hours. If any unauthorized use of your password occurs you agree to (1) cooperate with us and appropriate law  enforcement authorities in identifying and prosecuting the perpetrator; and (2) provide any assistance requested by us in recovering any unauthorized transfer of funds.
   
   Never leave your computer unattended while accessing the Internet Banking Services. If you should, a third party may be able to access your accounts from your terminal, without ever needing to use your password. You should always exit Internet Banking Services completely after you finish viewing your accounts or conducting other transactions. To completely exit the software, you must select the “LOGOUT” option, which will bring you back to the home page of our website. Failure to do so could have the same effect as leaving your computer unattended while still logged on to the service.
   
   Farmers State Bank WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING YOUR PASSWORD.
   
5. Access – You may access our Internet Banking Services 24 hours a day, seven days a week, although some or all online banking services may not be available occasionally due to emergency or scheduled system maintenance. In addition, the Internet Banking Service may be interrupted due to acts of God or other conditions outside the control of the bank.
   
   We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of your own internet provider. A browser with at least 128 bit encryption is required for security reasons.
   
6. Transfers To and From Accounts – You may use our Internet Banking Service to initiate Electronic Fund Transfers between accounts with us.
   
   Authorization – You expressly authorize us to debit the account in the amount of any bank transfer initiated through our Internet Banking Service by you. 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. You agree that we may comply with transfer instructions entered by any person using an authorized user ID and password, regardless of the restrictions placed at the account level, i.e., two signatures required or no minor withdrawal.
   
   Limitations – Your ability to initiate bank transfers between deposit accounts may be limited by federal law or by the terms of your deposit agreement  with us. Bank transfers from deposit accounts that are savings or money market deposit accounts are limited as required by federal regulation. 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.
   
   Time of Bank Transfers; Posting; Funds Availability If you initiate a bank transfer between accounts at or before 4:00 p.m. CST on a business day, the bank transfer will be posted on the same business day. Bank transfers initiated after 4:00 p.m. CST on a business day or on weekends and holidays will be posted on the next business day. Bank transfers to make payments to loan accounts must be initiated by 4:00 p.m. CST on a business day in order to be processed on the same business day. Funds transferred will be available for withdrawal on the same business day that the bank transfer is posted by the bank. If there are not available funds in the account from which a transfer is being made at the time the transfer is processed, at our option, your account may become overdrawn and you may be charged a fee, or the transfer may be canceled.
   
7. Account Information – You may use our Internet Banking Service to receive, download, store and print information that is routinely set forth in the statements for the account, such as debits and credits made to the account, amounts and item numbers for items drawn on the account, and account balances. Updated account balances and transaction information will normally be available by 10:00 p.m. CST. Available balances may reflect bank transfers or other transactions made since the end of the preceding business day, and are subject to further adjustment and correction. For this reason, we cannot assure you of the accuracy or completeness of the information and expressly disclaim the same. You will receive your usual periodic statement of account (“Bank Statement”) for each account maintained with the bank. Your bank statement remains the bank’s official record of your account balances and activity.
   
8. Electronic Message Service –] You may send electronic messages to us and receive messages from us through the Internet Banking Services message function. Although, the Internet Banking Services message function is secure, the message service may not be used to make any bank transactions. We may not immediately receive an e-mail that you send to us. If you need to contact us immediately to stop payment, to report an unauthorized use of your password, to report unauthorized access to an account, or for any other reason, you must call us at 785-467-3560.  We  will not be responsible for acting   on or responding to any electronic message request at any time.
   
   Electronic mail may be used to send you notices, disclosures, and other information required by regulations. We may send this information to you by posting it on our website or by e-mail. We may also send it to you by regular postal mail at the address shown in our records. If you have given us an  email address or postal address, we are entitled to rely on that address and assume that messages sent to that address are received by you, until you give  us notice in writing that the address is no longer valid. You agree that information we post to our website or send by e-mail or regular postal mail will be deemed delivered at the time it is posted or sent. If we send you a notice, disclosure or other message electronically and you wish to print it and are  unable to do so, contact us at 785-467-3560 and we will provide you with a paper copy.
   
9. Fees and Charges –  Access to our Internet Banking Service is currently available at no additional charge to you. The bank reserves the right to charge for access at a later date and you will be notified in advance if this happens. There may be other costs and charges associated with your accounts as stated in your account agreement(s).
   
10. Errors and Adjustments – We agree to correct any error made in crediting or debiting any account by making the appropriate adjustment to the applicable account. You agree to repay promptly any amount credited to your account in error, and you authorize us to initiate a debit transfer from any of your accounts to obtain payment of any erroneous credit.
    
11. Account Reconciliation – The account statements provided to you by us will notify you of (a) the execution of transfers and the debits and/or credits to the accounts made with respect to such transactions, and (b) amounts debited by the bank from your accounts for payment of the services or other charges pursuant to this Agreement. You agree that we will not be required to provide any other notice to you of the execution of transfers or debits or credits. You agree to promptly examine each account statement and report any discrepancies between your records and the account statement or any other notices that you receive from us.
    
12. Settlement of Obligations – To the fullest extent permitted by applicable law, you authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a) initiating debits to any of the accounts or (b) deducting the payment from the amount of any bank transfer. Such obligations include, without limitation, fees owed to us and settlement for bank transfers initiated through our Internet Banking Service. At the time any account is closed or any Internet Banking Service is terminated, you agree that all such obligations will be immediately due and payable to us, and you authorize us to withhold the amount of any such obligations from any account. Debiting an account or deducting payment from the amount of any bank transfer is not the bank’s exclusive remedy under this or any other section of this Agreement, and the bank will not be deemed to have made an election of remedies by making any such debit or deduction on any one or more occasions.
    
13. Limits on the Bank’s Liability – We will not be liable for instance if:
    – Through no fault of ours, your account does not have enough money to make the transfer
    – Your computer, the software, phone lines, or the bank’s computer systems were not working properly or were temporarily unavailable.
    – The money in your account is subject to legal process or other encumbrances restricting transfer.
    – Circumstances beyond our control prevented the transfer, despite reasonable precautions that we have taken. Such circumstances include telecommunication outages, viruses, system failure, fires, floods, and other natural disasters.
    – We have placed a “hold” on funds in your account or remitted funds to another party, pursuant to reasonable business procedures, or in compliance with legal process such as garnishment, tax levy, court order, etc.-
    – We have received incomplete or inaccurate information from you involving the account or transfer.
    – We have a reasonable basis for believing that unauthorized use of your user ID, password, or account has occurred or may be occurring.
    – You or we have terminated this agreement or closed the account.
    – You do not completely and properly follow the terms of this agreement or instructions provided regarding how to make the transfer.
    – Your funds are being held or frozen or are subject to legal proceedings.
    – The funds in your account are unavailable (funds are only conditionally credited until they become available for withdrawal).
    
    Under no circumstances are we liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, including lost profits, costs and attorneys’ fees, even if informed of their possibility, arising in any way out of the use of the Internet Banking Service. This limitation of  liability shall not be construed as an attempt to waive or limit any remedy that is identified as not being subject to waiver by agreement in any Kansas or federal consumer protection law or regulation.
    
14. Your Liability for Unauthorized or Erroneous Transfers – You agree to be responsible for all unauthorized or erroneous transactions initiated through our Internet Banking Service. You have the obligation to immediately notify the bank during banking hours if your password has been lost or stolen, or if someone has transferred funds from your account through our Internet Banking Service without your permission (or is contemplating doing so). You could lose all the money in your account, some or all of the money in any linked account, or up to your maximum overdraft line of credit (if applicable),   if you fail or refuse to immediately advise the bank of the unauthorized use of your password. If you believe your password has been lost or stolen or    that someone has transferred or may transfer money from an account without your permission, call:785-467-3560 or write:
    
    Farmers State Bank
    PO Box 8
    Fairview, KS 66425
    
15. Internet Connection – You understand and agree that use of or connection to the internet is inherently insecure and that connection to the internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. We shall  not be responsible for any adverse consequences whatsoever resulting from your connection to or use of the internet, and shall not be responsible for any use by you of an internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
    
    Virus Protection – You agree that Farmers State Bank is not responsible for any electronic virus that you may encounter. We encourage you to routinely scan your PC and flash drives using any reliable virus protection product to detect and remove any viruses found.
    
    Hardware – You are solely responsible for the equipment (including your personal PC and software) you use to access the services. We are not responsible for errors or delays or your inability to access Internet Banking Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Internet Banking Services nor are we responsible for any damage to your equipment or the data residing thereon.
    
16. Other Agreements; Severability; Governing Law – The terms and conditions of this Agreement are cumulative with the terms and conditions of the deposit agreements and disclosures for each bank account as well as the other agreements with the bank, such as loans, and any amendments thereto. If any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without force and effect without thereby affecting any other provision hereof. This Agreement will be governed by the substantive laws of the United States, applicable federal regulations, and to the extent not inconsistent therewith, the laws of the State of Kansas.
    
17. Amendments – We may amend this Agreement from time to time. Each amendment will be affected by our posting it to our website or otherwise delivering the amendment, revised Agreement and/or 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 affected by mailing or otherwise delivering it to you or posting it on our website. 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 the service provider changes any term without providing us sufficient notice to enable us to properly notify you; (b) for security reasons; (c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement.
    
18. Termination – In the event you wish to discontinue using our Internet Banking Service, contact Farmers State Bank in writing. Your access to online banking will be suspended within three business days of our receipt of your instructions to cancel the service. We reserve the right to terminate your use of our Internet Banking Service at any time with or without prior written notice.
    
19. Assignment or Waivers – You may not assign all or any part of your rights or duties under this Agreement. No waiver of the terms of this Agreement will be effective, unless in writing and signed by an authorized officer of Farmers State Bank.
    
20. Ownership of Materials – The content and information on our website is the property of Farmers State Bank. It should not be duplicated. By accessing the services, you hereby acknowledge that you will be entering a website, which may be used only for authorized purposes. The bank may monitor and audit usage of the system, and all persons are hereby notified that use of the services constitutes consent to such monitoring and auditing. Unauthorized attempts to up-load information and/or change information on the website are strictly prohibited.
    
21. Hyperlinks – Hyperlinks displayed on the website are offered for informational purposes only. The bank is not responsible for and does not control the content of such third-party sites. The bank does not guarantee the authenticity of documents at such sites, nor does it endorse the ideas, opinions, information, products or services offered at such sites. The bank disclaims liability for any failure of products or services advertised on such sites. Each site may have a privacy policy that is different from the bank’s, and may provide less security. Use of hyperlinks is at the customer’s own risk.
    
22. Communication Between Bank and You – Unless this Agreement provides otherwise, you can communicate with us in one of the following manners:

Regular e-mail – [email protected] Messages sent through regular e-mail are not sent in a secure.
Telephone – 785-467-3560
Fax – 785-467-8101
Mail – Farmers State Bank, PO Box 8, Fairview, KS 66425
In Person – Farmers State Bank, 412 W Commercial, Fairview, KS 66425