Online Banking Security
HNB ONLINE BANKING AGREEMENT AND DISCLOSURE
The HNB Online Banking Agreement (“Agreement”) governs the use of our HNB Online Banking Services (“Services”) and serves as the agreement between you and THE HONESDALE NATIONAL BANK. It is important that you read and understand the terms and conditions provided in this Agreement. Your use of the HNB Online Banking Services constitutes your acceptance and agreement to the terms and conditions contained herein as well as any other terms made available to you by using HNB Online Banking Services. Additionally, your use of any HNB Online Banking Services that we introduce in the future constitutes an acknowledgement and agreement to the terms and conditions associated with those services. Any agreements, amendments, notices, periodic statements and other communications may be provided to you in electronic format if you have authorized that format of delivery. If you have any questions about this Agreement, contact us at 570-253-3355.
The terms “you”, “your” and “Authorized User” refers to any and all individuals authorized by an account owner/authorized signer to access HNB Online Banking Services. The terms “we”, “us” and “our” refer to THE HONESDALE NATIONAL BANK, the financial institution.
The terms “HNB Online Banking” and “HNB Online Banking Services” refer to The Honesdale National Bank’s Internet Banking Services.
The term “Account” refers to your account or accounts with us that you have designated for HNB Online Banking Services access and that we allow to be included under this service. The type of accounts that may be designated include, but are not limited to, deposit accounts, such as Checking, Statement Savings, NOW accounts and Money Market accounts, loans, line of credit accounts, and mortgage accounts. You must be an account owner or authorized signer for each account that you designate, and the Account(s) must permit withdrawal by a single signer.
The term “Login Credentials” refers to the combination of your User Name and Password that must be used together to securely access your account information. The term “Disclosures” refers to the regulatory disclosures provided to you at the time of depository account opening, such as the Truth in Savings Disclosure, Funds Availability Disclosure, Electronic Fund Transfer Disclosure, and Privacy Disclosure, as well as any Fee Schedule. These Disclosures still govern the Account(s).
The term “Business Day” refers to any day in which we are open and available to customers for the purpose of conducting banking business, or as otherwise described in the Disclosures provided to you with your account. Please refer to your Disclosures for more detailed information regarding Business Days.
The term “Check Image” refers to the digital image of any check you transmit to us using Remote Deposit.
The term “item” refers to the definition provided in Article 4 of the UCC.
The term “check” refers to the definition provided in Regulation CC.
The term “Original Check” refers to the definition provided in Regulation CC.
The term “Substitute Check” refers to the definition provided in Regulation CC.
The term “record” refers to a writing created, generated, sent, communicated, received, or stored by electronic means.
HNB Online Banking Services provides you with the convenience and flexibility to perform certain banking transactions and functions for designated Account(s) through Internet access on your personal computer or via a wireless handheld device. You must meet minimum software and hardware requirements for each device you use to access HNB Online Banking Services in order to take advantage of these Services. If you decide not to maintain such hardware and software, you may cancel Services at any time by contacting HNB Customer Service.
You must follow all necessary instructions and obtain your Login Credentials before gaining access to HNB Online Banking Services. We may also utilize uniquely identifying information to confirm your identity. It is recommended that you change your Login Credentials through HNB Online Banking Services, or with the assistance of our Customer Service, as allowed by our security requirements. There may be additional or optional security measures instituted by us from time to time as we determine necessary to ensure security.
Subject to federal and state law, and the terms and conditions of this Agreement, you are liable for any transaction or function performed using HNB Online Banking Services, whether made by yourself or someone authorized by you using your Login Credentials. You agree to take all reasonable measures to protect the security of your Login Credentials. Please refer to the Consumer Liability section of your Electronic Fund Transfer Disclosure for our liability policy.
We recommend that you not send email(s) or any other electronic messages containing confidential Account information. You should not leave any device unattended while logged into HNB Online Banking Services and you should never share your Login Credentials with anyone else. You understand that we are entitled to act upon any instructions received under your login information; therefore, you agree to guard and protect your Login Credentials to ensure the security and protection of your Account(s). If you have any concerns or suspicions that an unauthorized person has gained access to your Account(s) through HNB Online Banking Services, we recommend that you change your Login Credentials if possible and notify us immediately. If you do not notify us within two (2) business days after you learn of the possible compromise of your Login Credentials and we can prove we could have mitigated someone from using your Login Credentials without your permission had you notified us, you could lose as much as $500 or more. Our contact information for security issues is provided below.
Customer Service for Security Issues
Address: The Honesdale National Bank, P.O. Box 350, Honesdale, PA 18431
Phone Number: 570-253-3355
Business Hours: 8-5 M-TH, 8-7 FRI, 8-12 SAT
TRANSACTIONS AND FUNCTIONS OF THE SERVICES.
The transactions and functions available through HNB Online Banking Services may include, but are not limited to, the following:
• Transfer of funds between Account.
• Transfer of funds between Account on a recurring basis.
• Transfer to/from Loans as applicable.
• Transfer to/from Loans on a recurring basis as applicable.
• Balance Inquiry on each Account.
• Request or retrieve a copy of a paid check or past statement on the Account(s).
• Re-order checks for your Account(s), as applicable.
• Change the Account(s) and access information for your HNB Online Banking Services.
• Conduct secure email communication with us regarding your HNB Online Banking Services.
• Process Loan Payments.
• Request Stop Payments.
• Bank to Bank Transfers.
• The use of our Bill Pay Services.
• The use of Remote Deposit Services.
• The use of Mobile Banking Services.
• Person to Person Payments.
• Cash Management.
The above transaction and function capabilities may be available, either all or in part, depending on the account, customer type, or any other HNB Online Banking Services limitations. We reserve the right to restrict the use of HNB Online Banking Services for an account type or to impose any other limitation or restriction on the use of these Services. New services may be introduced for HNB Online Banking from time to time. By using these services when they become available, you agree to be bound by the rules which will be made available to you concerning these Services.
Federal regulation limits the number of checks, telephone transfers, online and mobile transfers and preauthorized electronic transfers to third parties (including Point of Sale transactions) from money market and savings type accounts. You are limited to six (6) such transactions from each money market and/or savings type Account(s) you have each calendar month or statement cycle for purposes of making a payment to a third party or by use of a telephone, computer or wireless handheld device.
ONLINE TRANSACTION FUNDING.
In order for us to process an HNB Online Banking Services transfer request, the Account that you have designated for the debit must have sufficient funds to cover the transfer, including any overdraft protection plan coverage and the funds must be considered available as described in our Funds Availability Policy. Please refer to your Disclosures for any nonsufficient funds fee or other fee(s) that may be assessed. We are under no obligation to you when we have been unable to complete a transfer request due to insufficient or unavailable funds, or due to other circumstances out of our control, such as a system or power failure. If we are consistently unable to complete the requested transfer due to insufficient funds in the designated debit Account, then we reserve the right to cancel the transfer request and to review your HNB Online Banking Services privileges. We also reserve the right to overdraw your Account to complete the transfer, whether or not we have overdrawn the account for a transaction in the past or continue to do so in the future, and hold you responsible for any and all related fees that may be assessed for the overdraft.
EFFECTIVE TIMING OF TRANSACTIONS
HNB Online Banking Services are generally available for your use twenty-four (24) hours each day, seven (7) days a week, unless the system is undergoing maintenance, which may occur from time to time. We do not warrant that Online Bank Services will be available at all times. The posting of HNB Online Banking Services transactions depends on the time and day of the transaction. Transfers requested through HNB Online Banking Services before 6:00 PM EST on a Business Day will generally post the same day and be included in the available funds for the receiving Account. Transfers requested after 6:00 PM EST on a Business Day, or requested on a non-Business Day, will generally post on the following Business Day to the receiving Account and will be considered available funds on that day. Terms and conditions for availability of funds may apply to transactions completed using Remote Deposit Services and will be disclosed to you in the Funds Availability Policy Disclosure.
CANCELLING A TRANSFER.
A one-time transfer is immediate and cannot be cancelled. The deadline for cancelling a recurring transfer request is prior to 6:00 PM EST on the day of transfer. If you have any questions or problems cancelling the transfer, contact Customer Service by using the information provided in this Agreement.
You will receive your regular account statement monthly via Electronic Statements. Should you choose to opt-out a paper statement will be generated.
BILL PAY SERVICES.
The following provisions are specific to our Bill Pay Services and are in addition to the terms and conditions provided in this Agreement. We are offering these services under a licensed agreement with a third party (“Licensee”), which includes any sub licensor, successor, assignee, or provider of any associated hardware or software needed by the Licensee to support these services. We are offering these services under a licensed agreement with Jack Henry & Associates Inc.
USING BILL PAY.
You can access these Services in the same manner as you access other HNB Online Banking Services, using your Login Credentials and meeting any other security measures that we may institute. You must indicate the account(s) that are to be considered the designated account(s) to be debited for your bill-paying activities. If using a money market account or savings account, be aware that account activated may be limited by federal regulations. See the Transaction Limitations provision of this Agreement. You must maintain a sufficient available funds in the designated Account(s) to satisfy the expected payment activity. There is a $.01 minimum, and a $9,999.99 maximum dollar amount that may be set-up as a payment using our Bill Pay Services. In order to pay bills, you will need to create a list of payees, providing the information required to log and submit your payments accurately. We require at least five (5) days as set-up time for electronic payments and at least ten (10) days as set-up time for check payments to those payees that cannot yet accept an electronic payment and are to receive a check. If you fail to take into account our required set-up time and the payment is received by the payee after the due date, we are not responsible for any late charges or other actions that may be taken by the payee due to the late payment. Please make other payment arrangements for the due payment and set-up the next payment to that payee through our Bill Pay Services.
We, and Licensee when indicated, assume responsibility for all reasonable efforts to process your payments through our Online Bill Pay Services in a timely and accurate manner. We accept no liability for any damages you may incur due to insufficient or unavailable funds in the designated account that may adversely affect payment processing, any inaccuracies in the payee information supplied in regards to this payment, any mishandling or delay in posting by the payee or the payee’s financial institution of account, or any system or postal delays or interruptions or any other circumstances out of our control, to the extent allowed by state and federal law and the provisions of this Agreement. Also, contact us immediately if you suspect any security breach of your Login Credentials or any unauthorized activity using this service.
We and Licensee reserve the right at any time to implement additional security features to reduce the risk of loss, including, but not limited to, requiring pre-authorized drafts, verifying funds, and separating debits and credits so that payments are not sent until good funds are received.
We and Licensee shall not be liable for any transaction, including, but not limited to the following: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation; (vi) any electronic device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of our Bill Pay Services; (ix) you knew that our Bill Pay Services were not operating properly at the time you initiated the transaction or payment; (xi) there is a postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.
CANCELLING BILL PAY.
You may cancel Bill Pay Services at any time by contacting us via phone, fax, or in any other form or manner acceptable to us. When not cancelled in writing or in a record to us, we may require a record or writing confirming the service cancellation. Be aware of any outstanding payments and make arrangements for future payments to the payees. When deleting specific payees only, you may individually delete that payee and retain the services for any remaining payees. We reserve the right to terminate your use of Bill Pay Services at any time.
PERSON TO PERSON PAYMENTS.
The following provisions are specific to our Person to Person Payment Services and are in addition to the terms and conditions provided in this Agreement.
You may use The Honesdale National Bank’s Person to Person Payment Services to direct The Honesdale National Bank to make payments from your designated checking account(s) to the “Payees” you choose in accordance with this Agreement. The terms and conditions of this Agreement are in addition to the account agreements, disclosures and other documents in effect from time to time governing your account. The Person to Person Payment Services enables you, the customer, to request a transfer of funds from your eligible designated checking account(s) to an account at another U.S. financial institution. Transfers will be executed using the ACH Network by The Honesdale National Bank.
Single payment requests consist of a one-time transfer to be initiated immediately or at a specified date. Recurring payment requests consist of a one-time setup for a payment to recur on a specified date and frequency. Scheduled payments can be changed or cancelled while in a “scheduled” or “pending” status.
Person to Person Payment Services are available twenty-four (24) hours a day, seven (7) days a week, except during special maintenance periods. For purposes of transactions, our business days are Monday through Friday, excluding weekends and holidays. All Person to Person requests received after 4:00 PM EST on business days and all transfers which are requested on Saturdays, Sundays, or holidays on which we are closed, will be processed on the next business day. The business day begins at 8:30 AM EST.
PERSON TO PERSON PAYMENT FEES AND CHARGES.
You understand and agree to pay any and all fees associated with the use of the Person to Person Payment Services. You will be charged the applicable fee regardless of whether the payment request is completed or not. At the time of payment request the service fee will be disclosed. The service fee will be $0.99 per transaction and such service fee may be adjusted from time to time at our discretion.
Consumers will have a per day maximum dollar limit of $1,000 and a per item maximum dollar limit of $1,000. Businesses will have a per day maximum dollar limit of $2,500 and a per item maximum dollar limit of $2,500. These limits may be adjusted from time to time at our discretion.
PERSON TO PERSON PAYMENT INACTIVITY AND TERMINATION.
You are responsible for complying with this Agreement and with the terms of the agreement(s) governing deposit or loan accounts which you access using electronic banking services. We can terminate your electronic banking privileges under this Agreement at any time without notice to you. The Honesdale National Bank is not responsible for any fixed payment made before it has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by The Honesdale National Bank on your behalf.
If the Person to Person Payment Services remain inactive for six (6) months, an inactivity fee of $5.00 will be charged to the associated checking account. This fee will be charged every month of inactivity thereafter.
To cancel the Person to Person Payment Services, you must notify us in writing stating you are discontinuing Person to Person Payment Services and provide your name, address, and the effective date to stop the service. You may notify us by one of the following methods: By sending an email by using the email feature on your HNB Online Banking page, by sending us an email using the secure email feature on The Honesdale National Bank’s Contact Us webpage, by writing a letter and delivering it to a Customer Service Representative or Branch Manager at any office of The Honesdale National Bank, or by mailing a letter to: The Honesdale National Bank, P. O. Box 350, Honesdale, PA 18431. You will solely be responsible for all payments or transfers you have requested prior to cancellation.
REMOTE DEPOSIT (“Remote Deposit”).
The following provisions are specific to our Remote Deposit Services and are in addition to the terms and conditions provided in this Agreement.
Remote Deposit Services allow you to make deposits to your designated eligible accounts from remote locations by electronically transmitting digital images of your original paper checks, which are drawn on or payable through applicable United States financial Institutions, in United States dollars to us.
You agree you shall exclusively use the Remote Deposit Services for your own personal, home office, or applicable small business use. You shall not make the Remote Deposit Services available or transfer your rights to use the Remote Deposit Services to any third party.
REMOTE DEPOSIT FEES AND CHARGES.
Any and all fees and charges associated with your Account(s) remain in effect when accessing and using Remote Deposit Services. You understand that standard data charges and messaging rates imposed by your wireless service provider may apply and that these rates and charges are your sole responsibility. Please contact your service provider for additional information.
The Honesdale National Bank may charge a fee for the Remote Deposit Services. You are entitled to five (5) free deposits per calendar month, each subsequent deposit will be assessed a fee of $1.00 which will be charged the next month. The Honesdale National Bank may change the fees and charges in any applicable Fee Schedule at any time.
ELIGIBILITY OF ITEMS.
You may only submit items for deposit that are within the dollar limits established for you. We reserve the right to limit the dollar amount and frequency of deposits made through Remote Deposit Services by you and we may raise or lower your dollar limit in the future at our sole discretion at any time. You agree that we are not obligated to accept any Check Image that we determine to be ineligible and you agree to deposit only “Checks” as defined by Regulation CC. You acknowledge that ineligible items include but are not limited to the following: (i) ACH payments or wire transfers, items drawn on banks located outside of the United States; (ii) cash, illegible items, incomplete items, items which contain indicia of alteration; (iii) any check that has previously been converted to a Substitute Check; (iv) any item that contains indecipherable magnetic ink character recognition (“MICR”) data;(v) any check originally made payable to a party other than you and any stale or post-dated items; (vi) any check dated more than six (6) months prior to the date of deposit; (vii) any check not payable in United States currency; (viii) any check payable jointly unless deposited into an account in the name of all payees or (ix) any check that has previously been submitted through a remote deposit capture service offered at another financial institution.
You agree that even if we do not identify a check image as ineligible, the check image may be returned to us because, among other reasons, the check image or any Substitute Check created from the check image is deemed ineligible. Our failure to identify a check image you transmit to us as ineligible shall not preclude or limit your obligations.
You agree that you shall not alter any original check or check image and shall review the check image to ensure that it is accurate. You shall not submit to us or to any other person or entity for deposit or credit any original check if a check image of the original check has already been submitted and accepted for deposit into your account with us or by such other person or entity, unless following receipt of your submission, we notify you that the check image is ineligible and not accepted for deposit or that the check image or any substitute check created from the image is refused by the financial institution upon which it is drawn.
You agree you will not alter any Original Check or Check Image under any circumstance and you warrant that all Original Checks are authorized for the amount stated on the check by the person who created the check. At the time of presentment to you by drawer, any check(s) that you initiate for deposit must contain all necessary information on the front and back of the check, including all endorsements, the identity of the drawer and paying bank that is preprinted on the check and the image quality must be in compliance with the minimum requirements established by the American National Standards Institute (“ANSI”). You agree to include the words “mobile deposit” within all endorsements. Determination of image quality compliance is in our sole discretion and any check may be rejected if it does not meet this criteria. You agree to notify us of any suspected errors regarding deposited items and in no event later than thirty (30) days after the applicable account is credited. After thirty (30) days the deposit shall be deemed correct. You also agree that all Check Images you submit for deposit through Remote Deposit Services will not contain any viruses or other potentially harmful attributes.
ACCEPTANCE OF ITEMS.
Scanning and submitting check image deposits does not constitute receipt of deposit by us. Any check image deposit received after 4 PM, EST on any business day or any check image deposit received on Saturdays, Sundays, and holidays will generally be processed on the next business day.
You agree that you will use the Remote Deposit Services to scan only original checks payable to you or your business, drawn on financial institutions in the United States with a valid ABA/Routing Number and denominated in U.S. dollars, and intended for deposit to your designated account with us.
We are not responsible for any items which we do not receive. Items received will each be reviewed for acceptability and any accepted item will be converted into a Substitute Check. You agree that a notice confirming receipt of your deposit does not mean the item is error-free or that it will not be rejected upon further review and we reserve the right to charge back your account at any time. If we do reject an item for any reason, we will provide you with a notice of rejection; however, we will not be liable for loss suffered as a result of the rejected item. We will also provide you with a notice if your deposited item is dishonored, in which case you permit us to debit such amount from your account. You may confirm receipt of all deposited items by viewing your account statements or by contacting Customer Service.
RETENTION AND DISPOSAL OF CHECKS.
You agree to securely preserve and protect each Original Check for a period of at least fifteen (15) calendar days and during this period you agree to provide any Original Check to us upon request. Once you have obtained confirmation from us that we have received an item, you agree to indicate its presentment via electronic means directly on the Original Check. You agree you will not deposit or submit any Original Check which you have already submitted or deposited electronically into an account you own with us or at any other financial institution. After ninety (90) days, you shall destroy each Original Check in its entirety to ensure it is not presented for payment again. You understand that any misuse of a Check Image after presentment to us is your responsibility and you will be solely liable for any loss resulting therefrom.
The following provisions are specific to our Mobile Banking Services and are in addition to the terms and conditions provided in this Agreement.
Mobile Banking Services refers to all financial services made available to you and which you may access through the use of a wireless handheld device or mobile phone, including but not limited to viewing account balances, remote deposit capture and text message banking.
ACCESSIBILITY AND LIABILITY.
Our Mobile Banking Services are designed to be available twenty-four (24) hours each day, seven (7) days per week. We do not warrant that services will always function properly or that disruption or suspension of services will not occur. You agree that we will not be liable for any loss, costs, damages or expenses resulting from the interruption of Mobile Banking Services. You also agree that these services are separate from any services provided by your wireless service provider. Your wireless provider is responsible for any issues involving your handheld device, your internet access or any other of its services and products you use to access Mobile Banking Services. Standard data and messaging rates, short message service (SMS) fees and other charges from your wireless provider apply when utilizing Mobile Banking Services.
You are responsible for providing and maintaining your own wireless handheld device and for ensuring that is compatible with Mobile Banking Services. We are not responsible for any problems you may experience with your equipment or for any damage to your device from the use of these services. You understand that wireless devices may be subject to viruses and we are not responsible for ensuring your device is protected from these viruses.
You acknowledge that we may limit the number and frequency of transactions conducted through Mobile Banking Services and that we may also place limits on transaction and transfer amounts in our sole discretion.
COST OF SERVICE.
Account transaction fees as stated in the Disclosures and any Fee Schedule provided to you remain in effect and are not eliminated or changed with the use of HNB Online Banking Services. You have sole responsibility for any service fees you incur from your telephone, Internet or wireless service providers. When signing up for certain HNB Online Banking Services, a separate Fee Schedule specific to these Services will be provided.
DISCLOSURE OR INFORMATION TO THIRD PARTIES.
We will disclose information to third parties about your account or the transfers you make: (i) when it is necessary for completing transfers; (ii) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government or court orders, or other reporting requirements; and (iv) if you give us your written permission.
COMPLIANCE, TERMINATION, INACTIVITY.
You are responsible for complying with this Agreement and with the terms of the Agreement governing deposit or loan accounts which you access using electronic banking services. We can terminate any of your HNB Online Banking Services under this Agreement at any time. We may convert your account(s) to inactive status if you do not sign on to the service or have any transaction scheduled throughout the service during any consecutive one hundred eighty (180) day period. If an account is considered inactive, you must contact us to have the services reactivated before you will be able to schedule any transaction through the service.
You agree that The Honesdale National Bank may provide you with this Agreement, notices, and other communications about HNB Online Banking Services and any future amendments, changes, or additions to this Agreement, in electronic form. The Honesdale National Bank will provide all future updates to this Agreement by posting such updates on its website. Paper copies of this Agreement and all updates thereto will only be available upon request (Electronic Banking Coordinator at 570-253-3355). Your consent to receive notices and updates in electronic form will apply for as long as you use HNB Online Banking Services. The Honesdale National Bank may amend or change the terms and conditions stated in this Agreement by giving notice to you at least the minimum notice required by law or regulation before the effective date of the amendment or change. Prior notice need not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of HNB Online Banking Services or the safety of The Honesdale National Bank’s relationship with you or is otherwise required immediately by law or applicable regulation. The Honesdale National Bank shall thereafter promptly advise you of any such change in writing.
You are responsible for the activity performed through our HNB Online Banking Services using your Login Credentials, including any activity performed by others who use your Login Credentials whether or not authorized by you as disclosed in our Electronic Fund Transfer Disclosure. You also agree to review your Account(s) activity online, through periodic statements or through the use of any other application. Any questions or concerns about any activity should be directed to Customer Service as provided in your Electronic Fund Transfer Disclosure.
You acknowledge that you do not own or have any proprietary rights to HNB Online Banking Services and any unauthorized reproduction in whole or in part is strictly prohibited. You agree not to use HNB Online Banking Services to conduct any activity that is illicit or illegal. You agree to comply with all applicable federal and state laws, NACHA Operating Rules, and the terms and conditions of this Agreement, and any other Account Agreement or Disclosure by reference, in regards to these HNB Online Banking Services and any transaction or functions performed using these Services. In the event of a conflict between this Agreement and any other Disclosure or Agreement provided, the Account Agreement will take precedence over this Agreement.
You understand and agree that you are required to indemnify The Honesdale National Bank and its agents, employees and assigns and hold The Honesdale National Bank and its agents, employees and assigns harmless against any and all claims (including negligence), actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses arising from your use of the HNB Online Banking Services. You agree that this paragraph shall survive the termination of this Agreement.
We are responsible for taking all reasonable measures to ensure that the HNB Online Banking Services are available and functioning optimally, reserving the right to temporarily remove the service from access for maintenance or upgrades from time to time. We also accept responsibility to process any function or transaction requested by you in a timely manner when submitted within the terms and conditions of this Agreement.
We will provide you with the hardware and software specifications for these Services and any amendments as they occur from time to time. We accept no responsibility, and you agree to hold us harmless, for any delay or inaccuracy of any transaction or function information due to an interruption or loss of communications in the service provided by your Internet, browser or wireless provider, or your system hardware or software, to the extent allowed by state and federal law. We also accept no responsibility, and you agree to hold us harmless, for any system virus or other system problem attributable to HNB Online Banking Services or to your Internet or wireless service provider.
To cancel any HNB Online Banking Service, you must notify us in writing stating you are discontinuing the HNB Online Banking Service and provide your name, address, and the effective date to stop said service. You may notify us by one of the following methods: By sending an Email by using the Email feature on your HNB Online Banking page, by writing a letter and delivering it to a Customer Service Representative or Branch Manager at any HNB Office, or by mailing a letter to us at: The Honesdale National Bank, P.O. Box 350, Honesdale PA 18431.
DISCLAIMER OF WARRANTIES.
You agree your use of the HNB Online Banking Services and all information and content (including that of third parties) is at your risk and is provided on an “as is” and “as available” basis. The HNB Online Banking Services are provided by The Honesdale National Bank without warranty of any kind, either expressed or implied, including any warranties of merchantability, fitness or error-free operation. The Honesdale National Bank specifically makes no warranty that the HNB Online Banking Services (i) will meet your requirements, (ii) will be uninterrupted, timely, secure, or error free, (iii) that the results obtained from the HNB Online Banking Services will be accurate or reliable, and (iv) that any errors in the services or technology will be corrected.
To the maximum extent permitted by applicable law, in no event shall The Honesdale National Bank be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, arising in any way out of the use, inability to use or maintenance of the HNB Online Banking Services, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), including without limitation, lost profits or attorney’s fees. Further, HNB disclaims any responsibility for any electronic virus you may encounter after installation of the HNB Online Banking Service. The entire Liability of The Honesdale National Bank for any reason shall be limited to the total amount of fees paid by you for the use of the HNB Online Banking service during the twelve (12) months preceding the date on which the claim accrued.
This agreement is governed by the laws of the Commonwealth of Pennsylvania and applicable federal law. You agree that any claim you may have against us must be resolved by a court located in Wayne County, Pennsylvania.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
We may assign our rights and duties under this Agreement to an affiliate or successor. You may not assign your rights and duties under this Agreement at any time.
NO WAIVER. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege under this Agreement shall effect or preclude our future exercise of that right, remedy, power or privilege.