Bangor Online:

Bangor Online Internet Banking Agreement

1. Description of Agreement  
   1. What this Agreement Covers
      This Agreement between you and Bangor Savings Bank governs the use by you of Bangor Online. These services permit Bangor Savings Bank customers to perform a number of banking functions linked to Bangor Online through the use of a personal computer.
   2.  Accepting the Agreement 
      When you use Bangor Online as described in this Agreement, or authorize others to use Bangor Online, you agree to the terms and conditions of this Agreement.  
   3. Relation to Other Agreements 
      This Agreement constitutes the entire agreement between you and Bangor Savings Bank with regard to your use of Bangor Online.  However, your use of Bangor Online may be affected by other agreements between us governing your deposit, or other eligible accounts. When you link accounts to Bangor Online, this does not change the agreements you already have with us governing those accounts. For example, when you use Bangor Online to access a credit account, you do so under the terms and conditions governing the agreement and disclosure for that account. You should review those agreements for any applicable fees, for limitations on the number of transfers you can make, and for other restrictions that might impact your use of that account through Bangor Online.
   4. Computer Requirements 
      In order to access Bangor Online, you will need a computer and related Internet access equipment. You are responsible for installing, maintaining and operating appropriate computer equipment and for arranging Internet access through an Internet service provider. Bangor Savings Bank is not responsible for any errors or failures caused by malfunction of your computer equipment or for problems caused by your Internet service provider.   We also are not responsible for any computer virus or related problems that may be associated with use of Bangor Online. You are responsible for all Internet access fees/charges and telephone charges incurred by you in connection with your use of Bangor Online.
   5. Copyright and Trademarks 
      The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Bangor Savings Bank website and Bangor Online are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication by you of any part of our website, except as allowed by this Agreement, is strictly prohibited. You do not by virtue of this Agreement acquire ownership rights to any content, document or other materials accessed through Bangor Online or the Bangor Savings Bank website. The posting of information or materials on the Bangor Savings Bank website does not constitute a waiver by Bangor Savings Bank of any proprietary or other right in such information and materials.
2. Bangor Online Services
   To use Bangor Online you need:
   1. service through an Internet service provider ("ISP");  
   2. a Bangor Online ID & Personal Identification Number ("PIN"); and  
   3. a means of connecting and communicating through the Internet.  
   You may use Bangor Online to:
   1. Transfer funds between your eligible Bangor Savings Bank statement deposit accounts on either a one-time or recurring basis.
   2. View current balance information for your Bangor Savings Bank checking accounts, market rate deposit accounts, savings accounts, CDs, and loans.
   3. Review transactions for the current and previous statement cycle.
   4. Send us email messages and questions regarding your Bangor Online service.
   5. Review check and deposit ticket images.
   6. Download account information for use with other systems such as MS Money and Quicken
3. Description of Services
   1. Processing Recurring and One-Time Payments and Transfers 
      You can make transfers and payments from eligible accounts in one of two ways:
      1. one-time; or  
      2. recurring.
      Transfers from market rate passbook accounts and passbook savings accounts are not permitted online.
      One-time transfers and payments are used for transfers and payments which occur on an infrequent or irregular basis, or which vary in amount.
      
      You may use the recurring payment or transfer feature when you pay a set amount at regular intervals, for example on a car loan payment, or when you want to transfer the same amount at regular intervals, for example from your checking to eligible savings accounts.
      
      Bangor Savings Bank will provide you with a positive confirmation that the payment or transfer has been scheduled. Additionally, you may verify that any payment or transfer has been processed by logging onto Bangor Online on the business day following the transfer or payment. 
   2. Limitations and Dollar Amounts for Transfers and Payments 
      Transfers can be for any amount between $0.01 and $999,999,999.99. Payments can be for any amount between $0.01 and $999,999,999.99.
      
      When you schedule a payment or transfer, you authorize Bangor Savings Bank to withdraw the necessary funds from your Bangor Savings Bank deposit account.  If you have more than one deposit account, you will be asked to designate the account from which the withdrawal should be made. You agree that you will instruct Bangor Savings Bank to make a withdrawal only when a sufficient balance is or will be available in your account at the time of withdrawal. If you do not have a sufficient balance, including available credit under any overdraft protection plan, we may either complete the transfer or payment - creating an overdraft - or refuse to complete the transfer or payment. In either case, we reserve the right to impose a non-sufficient funds (NSF) fee.
   3. Canceling Transfers or Payments 
      In order to cancel future dated transfers, you must log onto Bangor Online and follow the prompts provided. The cancel feature is found in the review transfers section.
      
      You may cancel a transfer transaction up to the date you scheduled it for processing. We must receive your instructions to cancel before the end of our business day on the date on which the transaction was scheduled to be processed.
   4. Confirmation of Transfers and Payments 
      In addition to immediate confirmation of a transfer, a transaction made using Bangor Online receives a confirmation reference number that appears on your monthly statement for the account from which the transaction was made
4. IV. Other Terms and Conditions
   1. Monthly Service Charge 
      Banking customers are not assessed a charge for the use of Bangor Online.  Banking charges for other accounts and services are as published in Bangor Savings Bank's Schedule of Fees and Truth in Savings brochure.
   2. Other Charges 
      You should note that, depending on how you access Bangor Online, you may incur charges for:
      1. normal account fees and service charges,  and  
      2. any Internet service provider fees.  
      Additional fees may be assessed from time to time for features added to Bangor Online.  We may also charge a research fee if we research historical activity on your account as a result of an inquiry received from you. This fee will be waived if Bangor Savings Bank determines in its sole discretion that an error has occurred.
   3. Business Days 
      Transfers are processed on normal business days. To have a transfer processed on the same business day, we must receive your instructions before the established funds transfer cut-off time displayed on Bangor Online.  If you request a transfer for a future date, we process the transaction at the close of business on that day only if it is a business day. If the date you request is not a business day, it will be processed on the preceding business day. If we receive your instruction after the end of our business day, we will process the transaction on our next business day.
   4. Service Hours 
      Bangor Online is available 24 hours a day, 365 days a year, except when the system is shut down for routine maintenance and upgrades.
   5. Canceling Your Bangor Online Account
      Your Bangor Online account remains in effect until it is terminated by you or by Bangor Savings Bank. You may cancel your account at any time by notifying us of your intent to cancel in writing, through Bangor Online email, or by calling Bangor Online. This cancellation applies only to your Bangor Online account and does not terminate your Bangor Savings Bank accounts.
      
      We may terminate your Bangor Online account for any reason, at any time. We will try to notify you in advance, but we are not obliged to do so.
      
      If you choose to cancel your Bangor Online account, any unprocessed transfers will be canceled. We recommend that you cancel any scheduled transfers prior to notifying us that you are discontinuing the service. Bangor Savings Bank normally will cancel any scheduled transfers within two business days from the date we receive your request to cancel your Bangor Online account.  However, we are not responsible for transfers made pursuant to instructions received from you before your cancellation request was received.
      
      If you close your Bangor Savings Bank account(s), or if it's no longer linked to your service, your Bangor Online account will automatically be discontinued.  Bangor Savings Bank reserves the right to cancel any unprocessed transfers at the time your account is closed.
   6. Joint Accounts
      When your Bangor Online account is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer on those accounts.
   7. Changes to Agreement 
      We may change this agreement at any time. For example, we may add, delete or amend terms or services. We will notify you of such changes by mail, by electronic message or by posting on the Bangor Savings Bank website. If you access your Bangor Online account after the effective date of a change, you will be deemed to have accepted the change.
   8. Transfers from Market Rate Deposit and Savings Accounts 
      Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers, including Bangor Online transactions, from market rate deposit and savings accounts. You are limited to six preauthorized electronic fund transfers, checks and point-of-sale transactions per statement cycle. Of these six transactions, you are limited to only three transactions by check or point-of-sale.  Each transfer through Bangor Online from your market rate deposit or savings account is counted as one of the six transfers permitted each statement period.  We recommend that you not use these types of accounts as your bill payment account because of these restrictions.
   9. Contact by Bangor Savings Bank or Affiliated Parties 
      No Bangor Savings Bank employee, or employee of any company affiliated with Bangor Savings Bank will contact you via email or phone requesting your Bangor Online ID or PIN. If you are contacted by anyone requesting this information, please contact us immediately.
   10. Your Responsibilities. 
       You are responsible for all transfers, payments, or other transactions you authorize to be made using Bangor Online. You also are responsible for keeping your Bangor Online ID and PIN confidential.  We will not be liable, nor will we reimburse you, for any losses that arise from use by others of your Bangor Online ID or PIN.  If you permit any other person to use your personal identification number/password to access Bangor Online, you are responsible for any resulting transactions.
   11. Reporting Unauthorized Transactions 
       You must contact Bangor Savings Bank immediately upon becoming aware of any unauthorized use of your Bangor Online account.  Call us at (877) Bangor1. The Customer Care Center is available 7:30 AM to 7:30 PM Monday through Friday, and 9:00 AM to 3:00 PM Saturday, excluding bank holidays.  You may also write us at Bangor Savings Bank, Attention: Electronic Banking Department, P.O. Box 930, Bangor, ME  04402-0930.
   12. Disclosure of Account Information 
       We will disclose information to third parties about your account or your transactions:  
       1. when it's necessary in order to complete transfers.  
       2. to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
       3. to comply with a government agency or court order or with the request of a state or federal regulatory agency.
       4. if you give us your permission.
       5. at our discretion, to our affiliates.  
       6. on a closed account, if we believe you have mishandled it.
   13. Account Statements 
       We report your Bangor Online transactions on the monthly statements for your linked accounts.
5. V. Provisions Applicable to Consumers
   1. In Case of Errors or Questions about Your Electronic Transactions 
      Call us at (877) Bangor1, send us an email at BangorOnline@BangorSavings.com, or write us immediately at P.O. Box 930, Bangor, ME 04402-0930 if you think:
      1. your statement or transaction record is wrong,
      2. you need more information about a transaction listed on the statement, or  
      3. your Bangor Online personal identification number or password has been discovered by an unauthorized person, or someone has transferred or may transfer money from your account without your permission.
      In order to address questions or errors we must hear from you no later than 60 days after the date of the statement on which you think the problem or error appeared.
      If you tell us verbally, we may require you to send us your complaint or question in writing or via email within 10 business days. When you contact us, please provide the following information:  
      1. your name and account number,
      2. date and dollar amount of the transaction in question,
      3. transaction number assigned by Bangor Online if available,
      4. description of the transaction of which you are unsure.
      Please explain as clearly as you can why you believe an error has occurred or why you need more information. We will tell you the results of our investigation within 10 business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we may provisionally credit your account within 10 business days for the amount you think is in error, so that you have the use of the 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 your letter in 10 business days, we reserve the right to not credit your account.
      
      If we conclude there was no error, we will send you a written explanation within 3 business days after we complete our investigation. You may request copies of the documents that we used in our investigation.
   2. Consumer Liability 
      Tell us at once if you believe your Bangor Online ID or PIN has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us IMMEDIATELY. The unauthorized use of your Bangor Online account could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection. If you tell us within two business days after you learn of an unauthorized transaction, you can lose no more than $50 if someone made a transaction without your permission.  However, if you don't tell us within two business days, and we can prove that we could have stopped someone from using your Bangor Online account without your permission if you had told us, you could lose as much as $500.  Also, if your statement shows unauthorized transactions, tell us IMMEDIATELY. If you don't tell us within 60 days after the statement is mailed to you, you may not get back any of the money you lost 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 hospital stay) kept you from telling us, we may extend the time periods.
      
      When you give someone your Bangor Online ID or PIN, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, sign off after every Bangor Online session and close your browser to ensure confidentiality.
   3. Our Liability for Failure to Complete Transactions 
      If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:  
      1. if, through no fault of ours, you don't have enough available funds in your account (or available credit under your overdraft protection plan) to cover the transaction or transfer.
      2. if Bangor Online wasn't working properly, and you knew about the malfunction when you started the transaction or transfer. 
      3. if circumstances beyond our control (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions we've taken.  
      4. if there are other exceptions stated in our agreement with you.
   4. Limit on Our Responsibility.
      BANGOR SAVINGS BANK MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE BANGOR ONLINE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
      
      Bangor Savings Bank agrees to make reasonable efforts to ensure the performance of Bangor Online to the extent contemplated by this Agreement.  We will be responsible for acting only on those instructions actually received from you.   We are not responsible for any losses or delays in transmission of instructions to us arising out of the use of any Internet service provider providing your connection to the Internet or caused by any browser software.  We cannot assume responsibility for malfunctions in communications facilities not under the control of Bangor Savings Bank that may affect the timeliness or accuracy of messages you send to us. 
      
      Bangor Savings Bank is not responsible for any direct, indirect, consequential, special or incidental damages arising out of your use of Bangor Online.  Because some states do not allow the exclusion or limitation of liability for consequential damages, in such states our liability is limited to the extent permitted by law.
   5. Governing Law
      This Agreement is governed by the federal laws of the United States and the laws of the State of Maine, unless otherwise required by federal or state law, without regard for choice of law provisions.  Any issue with regard to an account which you link or access using Bangor Online will be governed by the laws specified in the Customer Agreement governing that account.