E-Banking Agreement and Disclosures

 

This E-Banking Agreement and Disclosures (the "Agreement") discusses how you can use Internet Banking ("E-Banking") to obtain information about your accounts, to transfer funds between your accounts, and to request certain other bank services. It also contains the terms and conditions governing E-Banking. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us.

 

If you use E-Banking, you thereby indicate your consent to these terms. You may print a copy of this Agreement for your records now, or you can refer to this document by accessing the E-Banking link on our website.

 

DEFINITIONS

 

As used in this agreement, the following words have the meanings given below.

 

"You" and "your(s)" refer to each person (including any business) who applies to use the Service, and each person who uses the Service with the permission of an applicant.

 

"Consumer" means any natural person who uses a deposit account primarily for personal, family or household purposes.

 

"We," "us," "our(s)," "Lone Star State Bank of West Texas," or "Bank" refer to Lone Star State Bank of West Texas, the depository institution that holds one or more accounts accessed by E-Banking.

 

"E-Banking" means our service that allows you to make payments, transfer funds, access accounts, obtain information and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow.

 

"Online Bill Pay" means our service that allows you to pay bills over the Internet by use of a personal computer and modem and/or other means we authorize or allow through E-Banking.

 

"Business Day" means Monday through Friday, except banking holidays.

 

 

SECURITY & PROTECTING YOUR ACCOUNT

 

Lone Star State Bank of West Texas is strongly committed to protecting the security and confidentiality of our customer account information. Lone Star State Bank of West Texas uses state-of-the-art technology in the ongoing development of its E-Banking Service to ensure this security. We use several different methods to protect your account information:

 

You can only access E-Banking with certain browsers that have a high security standard.

 

You must have a valid Access I.D. and Password to sign in.

 

If no action is taken for 10 minutes, you will be automatically logged off E-Banking.

 

Multifactor Authentication – The E-Banking system will require you to setup your Access I.D. with a unique passphrase and image and will register your computer so that you can be physically identified.  You will be asked to answer a challenge phrase in case you access your account from a different computer.

 

Your Responsibility:

You agree....

 

Not to give out your identifying information such as your Password to any other person. The Bank may rely on your E-Banking Access ID to identify you when providing banking services to you.

 

Never to leave your account information displayed in an area accessible by others.

 

Never to leave your PC unattended while using E-Banking.

 

To always exit the system by clicking on "Log Off" in the upper middle portion of the screen after using E-Banking.

 

To notify E-Banking Support at 1-877-503-7717 immediately if you suspect that your Access I.D. or Password has become known to any unauthorized person.

 

E-BANKING E-MAIL COMMUNICATIONS

 

Electronic messages sent via regular email are sent through normal email and are not to be considered a secure form of communication.

 

In general, communications sent over the public Internet are not necessarily secure. Therefore, we will not send, and we strongly suggest that you do not send, any confidential account information. We will not respond to account information related questions sent via Internet e-mail. You agree that we may take a reasonable time to act on any e-mail.

 

Correspondence that requires expeditious handling -- for example, if you need to report an unauthorized transaction from one of your accounts, or if you need to stop payment on a check you have issued, should be made by calling the Bank. The toll-free number for Customer Service is 1-877-503-7717

Unless you have instructed us otherwise, you agree that Lone Star State Bank of West Texas may send you electronic messages about other products or services we offer. You also agree that we may respond to any electronic message that you send us by electronic mail (via the "Customer Service" function mentioned above), such as responding to any claim of unauthorized electronic funds transfer. Any electronic message sent to you by the Bank shall be considered as if it were sent by U.S. Mail, postage prepaid, and shall be considered received within three days of the date sent by the Bank, regardless of whether you sign on to the Service within that time frame.

 

SERVICE AVAILABILITY

 

E-Banking with Lone Star State Bank of West Texas is available 365 days a year. However, it is necessary to interrupt the Service on a periodic basis to perform periodic system and account maintenance. These maintenance periods will typically occur during early morning hours (i.e. Midnight - 6:00 a.m.) between Saturday and Monday. The times may vary somewhat by geographic region due to different time zones. During these periods, customers are notified of the maintenance activities by an informational screen that is displayed when attempting to access E-Banking.

Lone Star State Bank of West Texas may, at our discretion, extend the maintenance periods outlined above as necessary to complete more extensive maintenance, system upgrades, or to resolve Service problems.

 

REGISTRATION

 

Commercial Accounts:  Please contact your account officer or visit a branch for business account registration.  There are additional forms that need to be completed prior to your banking online.

 

Personal Accounts. Lone Star State Bank of West Texas personal account customers can register online, by selecting the "Accept" button at the end of this Agreement, indicating your acceptance to these terms and conditions. To register online, you must provide the following:

 

Your Social Security Number

 

Your personal Lone Star State Bank of West Texas account number (Checking, Savings, Loan, CD, or IRA)

 

E-Banking ID and Password. You need to select an Access I.D. during your first online session through our online registration process. Your Access I.D. and Password identify and authenticate you to Lone Star State Bank of West Texas when you use E-Banking. During your initial logon, you will be required to select a passphrase and image that you will use to verify that you are on the correct site when logging into E-Banking.

 

You can change your Password online at any time by selecting the Change Password option. If necessary, passwords can also be reset by selecting the “Forgot Password” link on the login page.  A temporary password will be emailed to you.

 

Accounts Linked to Your E-Banking. You can choose which of your accounts you want to link to a E-Banking ID, and what activity level each account linked to your E-Banking ID will have. There are some limits on the accounts that can be linked to your E-Banking ID.

 

ALERTS

Your enrollment in Lone Star State Bank of West Texas Online Banking and/or Mobile Banking (the "Service") includes enrollment to receive transaction alerts and notifications ("Alerts"). Alerts are electronic notices from us that contain transactional information about yoru Lone Star State Bank account(s). Alerts are provided within the following categories:

- Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.

- Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

- Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Alerts menu within Online Banking and Alerts menu within Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts through your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Lone Star State Bank of West Texas reserves the right to terminate its Alerts service at any time without prior notice to you.

Methods of Delivery. We may provide Alerts through one or more channels ("EndPoints"): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Lone Star State Bank Online Banking message in-box, by and e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime. Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again. For help with SMS text alerts, text "HELP" to 99588. In case of questions please contact customer service at 877-503-7717. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile, U.S. Cellular, Verizon Wireless, and MetroPCS.

Limitations. Lone Star State Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet services provider(s) and other factors outside Lone Star State Bank's control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Lone Star State Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encryped and may included your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.

 

FUNDS TRANSFER SERVICE

 

If you have an Access I.D. and Password from us, you will be able to transfer funds between certain Lone Star accounts. If you do not want to have the ability to transfer funds between your accounts using E-Banking, or if you want to restrict the accounts from which you can transfer funds using your E-Banking I.D. and Password, please contact E-Banking Support and we can assist you.

 

The terms that apply to the Funds Transfer Service are set forth more fully below.

 

E-BANKING FUNDS TRANSFER PROVISIONS

 

As an E-Banking customer, you can make immediate transfers between certain of your Lone Star State Bank of West Texas deposit accounts over the Internet. All such transfers are subject to the terms of these E-Banking Funds Transfer Provisions (the "Transfer Provisions").

 

1. General Information.

 

a. Fees The bank will not charge you a setup fee for E-Banking. If there are not sufficient funds in the account on the date the fee or charge is payable, you authorize the bank to automatically deduct the payment from your account as soon as funds are available.

 

b. Authorization To Charge Accounts. You are responsible for all transfers you or your authorized representative make using E-Banking. You authorize us to debit your designated account(s) for any transactions accomplished through the use of the Service (including the transfer of funds from another deposit account or overdraft line of credit that provides overdraft protection, if you have one of those services in effect). You agree that we may comply with transfer instructions entered by any one person using an authorized Access I.D. and Password, notwithstanding any provision that may be contained in other account documentation purporting to require more than one signature to withdraw funds from the account.

 

If you permit another person to use E-Banking or give them your Access I.D. or Password, you are responsible for transfers or advances that person makes from the deposit and credit accounts linked to your Service registration even if that person exceeds your authorization.

 

2. E-Banking Funds Transfer Service Particulars.

 

a. We allow transfers to the following accounts: Checking, Savings, Money Market, Loan. We allow transfers from the following accounts: Checking, Savings, Money Market.

 

b. Limits On Transactions. There is a maximum dollar limit on any transfer equal to the available balance in your account plus the available balance or credit balance in any other account or line of credit attached to the deposit account to provide overdraft protection

 

c. Availability. Funds must be available in the account from which you wish to transfer funds on the date you specify the transfer or payment to occur.

 

d. Restrictions on Transfers from Savings and Money Market Accounts. Under Federal Reserve Board Regulation D, you may make an unlimited number of deposits or transfers into a savings or money market account; however, you may make no more than six transfers and no more than three third party transactions or withdrawals out of such an account per monthly statement cycle (not counting transactions made at ATMs or at banking centers). Transfers made by telephone, personal computer or funds automatically transferred from a savings or money market account to another deposit account for overdraft protection are counted toward the six total permitted monthly transfers or withdrawals. If your transactions exceed the legal limit, we will charge you a fee for each such transaction in excess of the legal limit. If you exceed the restrictions more than three times during a 12-month period, we will close the savings or money market account and transfer the funds to a checking account. On Regular Savings accounts, we charge a fee for each withdrawal or transfer in excess of number specified in your account agreement. The amount of these fees and the minimum balances necessary to avoid these fees, where applicable, are set forth in the Schedule of Fees provided with your account, and any subsequent amendments.

 

e. Insufficient Funds to Complete Transfer. If your account does not have sufficient funds to complete a transfer, the transfer may not be completed, but if we do complete the transfer as an accommodation to you, you are responsible for any overdraft created including any fees associated with the transfer.

 

f. Correcting or Canceling Your Transfer. Transfers that are not scheduled or recurring are real time and will be memo posted to your count immediately after submitting the transfer.  For those transfers that are scheduled and have not yet been submitted, you can add, edit, or delete a transfer up until 6:00 PM Central every evening. The bank will be liable for the damages caused as explained in the paragraph titled "Bank's Liability for Failure to Make Transfers" for failure to stop transfers as requested.

 

g. Documentation and Verification of Transfers. The date and amount of transfers made through E-Banking will be shown on the transaction history screen of E-Banking, and will also be shown on your printed statements for the accounts involving the transfer.

 

h. Address and Telephone Number for Notification of Unauthorized Use. If you believe your Access I.D. or password has become known by an unauthorized person, or that someone has transferred money without your permission, call Lone Star State Bank of West Texas immediately at: 1-877-503-7717, or write to:

 

Lone Star State Bank of West Texas

Attention: E-Banking Support

6220 Milwaukee Avenue

Lubbock, Texas 79424

 

If you suggest that an unauthorized transfer may have occurred, we may require you to sign an affidavit.

Also contact us with any other questions or problems that you may have regarding the Service, including:

 

You have a problem with a transfer you authorized, or your statement reflects a transfer you think is in error.

 

You need to obtain documentation concerning a transfer previously issued from your account. (There may be a fee for these requests, as disclosed in the Fee Schedule applicable to your accounts.)

 

i. Disclosure of Account Information. We may disclose information to third parties about your account or transfers you make:

 

When necessary for verifying or completing transfers, or to resolve a problem related to a transfer;

 

To verify the existence and status of your account for a third party such as a credit bureau or merchant;

 

At the Bank’s discretion, to any of our subsidiaries or affiliates;

 

If you give us your written (including electronic message) permission; or

 

As otherwise permitted or required in the Bank’s Privacy Policy, Deposit Agreement and Disclosures, or other applicable agreements, or by law or government regulations.

 

3. Additional Provisions Applicable Only to Consumer Accounts.

 

When you transfer funds using E-Banking in connection with consumer (personal) accounts, the information in this section applies to you.

 

a. Your Liability for Unauthorized Use. Tell us immediately if you believe your Access I.D. or Password has become known to an unauthorized person or if an unauthorized transaction has occurred involving your account. Telephoning is the best way of keeping your possible losses to a minimum.

If you tell us within two business days after you learn that your Access I.D. and Password have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person used your credentials without your permission to process a transaction. If you do NOT tell us within two business days, and we can prove that we could have stopped someone from using your Access I.D. or Password without your permission if you had told us, you could be liable for as much as $500.00.

 

Also, if your statement shows electronic funds transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

 

b. Bank’s Liability for Failure to Make Transfers. If we do not make a transfer or payment on time, or in the correct amount according to your instructions given in accordance with the Transfer Provisions, we will be liable for your proximately caused damages. However, there are some exceptions. We will not be liable, for instance, if:

 

Through no fault of ours, your account does not contain enough money to make the transfer or payment.

 

The transfer would exceed the balance in the deposit account you use for overdraft protection, or the credit limit on your overdraft checking line of credit, or the line has been closed.

 

You have not properly followed the instructions on how to make a transfer or payment contained in the Transfer Provisions or the online instructions for E-Banking.

 

Your computer, the software, phone lines, or the bank’s computer systems were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer.

 

Circumstances beyond our control prevented the transfer, despite reasonable precautions that we have taken. Such circumstances include telecommunication outages, postal strikes, fires, floods and other natural disasters.

 

We have placed a "hold" on funds in your account or remitted funds to another party with your knowledge, pursuant to reasonable business procedures, or in compliance with legal process such as a garnishment, tax levy, court order, etc.

 

We have received incomplete or inaccurate information from you or a third party involving the account or transfer.

 

We have a reasonable basis for believing that unauthorized use of your Access I.D., Password, or account has occurred or may be occurring; or

 

You or we have terminated your E-Banking Service or closed the account.

 

If you do not instruct us soon enough for your transfer to be received and credited by the time it is due.

 

There may be other exceptions stated in our agreements with you.

 

c. Errors or Questions. In case of errors or questions about your electronic transfers, call Lone Star State Bank of West Texas immediately at 1-877-503-7717, or write to:

 

Lone Star State Bank of West Texas

Attention: E-Banking Support

6220 Milwaukee Avenue

Lubbock, Texas 79424

 

If you think your statement is wrong or if you need more information about a transfer listed on the statement, contact us as soon as possible. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared, and you must:

 

Tell us your name and account number;

 

Describe the transfer or other error you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;

 

Tell us the dollar amount of the suspected error.

 

If you tell us verbally, we may require that you send your complaint or question in writing within ten business days. We may require you to provide your complaint in the form of an affidavit.

 

We will tell you the results of our investigation within ten business days (20 business days if you initiated the transaction from outside the United States) and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if you initiated the transaction from outside the United States) to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten business days (20 business days if you initiated the transaction from outside the United States) for the amount you think is in error, so that you will have the use of your 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 ten days, we may not provisionally recredit your account.

 

If you are a new customer, for electronic funds transfer occurring during the first 30 days after the first deposit is made to your account, the applicable time periods for action by us are up to 20 business days (instead of ten) and 90 calendar days (instead of 45).

 

If we determine that there is no error, we will send you an explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

 

OUR ABILITY TO TERMINATE SERVICES

 

You are responsible for complying with all the terms of this Agreement and with the terms of the agreements governing the accounts to or from which transfers are made using E-Banking. We can terminate your electronic banking privileges under this Agreement without notice to you if you do not pay any fee when due, or if you do not comply with any agreement governing your accounts, or if any such account is not maintained in good standing.

 

We can also terminate the Service if we believe that an actual or potential unauthorized use of your Access I.D, Password or account may be occurring.

 

As stated earlier in the agreement, Lone Star State Bank of West Texas may also deactivate or "close" any Access I.D. that has been "inactive" for a period of 3 months or more or if unusual activity is detected at any time.

 

Lone Star State Bank of West Texas reserves the right to terminate your access to the E-Banking Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

 

AMENDMENT

 

We can amend this Agreement upon notice to you, which you agree may be sent by e-mail or by an announcement conspicuously displayed directly within the site. Any notice will be effective not later than ten (10) days after we send or post the notice (unless a law or regulation requires a longer notice period), whether or not you have retrieved or viewed the notice by that time.

 

NEW SERVICES

 

We may, from time to time, introduce new services that are part of E-Banking. We will update this Agreement to notify you of these new services. By using E-Banking after those new services become available, you agree to be bound by the terms contained in the revised agreement.

 

VIRUS PROTECTION

 

You agree that Lone Star State Bank of West Texas is not responsible for any electronic virus that you may encounter using E-Banking. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.

 

OUR LIABILITY

 

Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither Lone Star State Bank of West Texas nor any of its parents, subsidiaries or affiliates (collectively, "Lone Star State Bancshares, Inc.") nor any third party service providers engaged by Lone Star State Bank of West Texas to perform any of the services connected with E-Banking shall be responsible for any damages, loss, property damage or bodily injury, incurred as a result of your using or attempting to use the E-Banking Service, whether caused by the equipment, software, Internet browser providers such as Netscape (Netscape Navigator browser) or Microsoft (Microsoft Internet Explorer browser), Internet access providers or online service providers or an agent or subcontractor of any of the foregoing. Nor shall Lone Star State Bank of West Texas or any third party service providers engaged by Lone Star State Bank of West Texas be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, E-Banking or Internet browser or access software, or from the unavailability of E-Banking or for any errors in information provided through that service.

 

CHARGES AND FEES

 

These service requests are subject to Lone Star State Bank of West Texas’s normal service charges that were disclosed at account opening and in any subsequent editions of or amendments to your Fee Schedule. Please refer to the latest version of your Fee Schedule document and any applicable amendments.

 

Transfers and payments through E-Banking are counted, and if you exceed the total number of authorized transactions for accounts with limited transaction capabilities, your account will be charged in accordance with the applicable account agreement.

 

On Money Market accounts, the number of transfers that you are allowed during a monthly statement cycle is limited. Transfers through E-Banking are included, and if you exceed the total number of authorized transactions for these accounts, your account may be charged an excessive activity fee as set forth in your Fee Schedule and your account may be closed or converted to an account that allows more transactions.

 

ENTIRE AGREEMENT

 

This Agreement may be amended from time to time, and if you are a business customer with E-Banking, The Ecorp enrollment form contains the entire understanding between you and Lone Star State Bank of West Texas concerning the E-Banking Service, and supersedes any verbal conversations, other communications, and previous agreements, if any.

 

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS

Your registration for E-Banking with Lone Star State Bank of West Texas confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you received and understand the terms of this Agreement.

AGREE

DISAGREE