ALABAMA RIVER CREDIT UNION

INTERNET BANKING
ACCOUNT ACCESS AGREEMENT AND DISCLOSURE STATEMENT

This Agreement establishes the rules that cover your electronic access to your account(s) at Alabama River Credit Union (“Credit Union”) through the Internet Banking system. You will be bound by this Agreement when you enroll in Internet Banking. You also accept all the terms and conditions of this Agreement by using Internet Banking. Please read it carefully and retain for your records.

The headings in the Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party or any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs, successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement, together with the Membership and Account Agreement constitutes the entire agreement between you and the Credit Union with respect to the subject matter hereof and there is no understanding or agreements relative hereto which are not fully expressed herein. The Credit Union may terminate this Agreement and/or your access to Internet Banking at any time in its sole discretion without prior notice to you.

The words “you”, “your”, and “yours” refer to the Alabama River Credit Union member(s) jointly and severally. The words “we”, “us”, “our”, “Alabama River Credit Union” and “Credit Union” refer to Alabama River Credit Union. This Agreement and Disclosure Statement (hereinafter “Agreement”) explains and describes the types of Electronic Funds Transfers which are available to you with our Internet Banking system. This Agreement also contains your rights and responsibilities concerning transactions that you make through Internet Banking, including your rights under the Electronic Funds Transfer Act.

To qualify for access to Internet Banking, you must be a Credit Union member in good standing. Internet Banking may not be accessible to Business and Organizational accounts. Other conditions may apply.

You accept responsibility for periodically changing your Security Code and protecting the integrity of the Security Code to protect unauthorized transactions and account access. You agree that you will be liable for all losses or misuse of your account(s) if you give your Security Code to anyone.

  1. INTERNET BANKING.
    You may reach the Internet Banking at http://www.arivercu.com. You can use Internet Banking 7 days a week, 24 hours a day, 365 days a year, although some or all of the Internet Banking services may not be available occasionally. The use of your Logon ID and Security Code is required to access Internet Banking. You may use your code to perform the following transactions:

    1. Obtain balances and other account information on share/savings and draft/checking accounts in addition to share certificates, IRAs, and loans. Internet Teller may NOT support information regarding Visa® credit card accounts.
    2. Make transfers between share/savings, draft/checking, and loan accounts (however, these balances may not be available immediately for debit card transactions).
    3. Review share/savings history, draft/checking history, certificate history, open end loan history, and closed end loan history.
    4. Make transfers from your share accounts to other share accounts that you share an association.
    5. View check copies and re-order checks.

  2. LIMITATIONS ON TRANSFERS.
    We will not be required to complete a withdrawal or transfer from your account(s) if you do not have enough money in the designated account(s) to cover the transaction; however, we may complete the transaction. You agree not to use Internet Banking to initiate a transaction that would cause the balance in your designated account(s) to go below zero. We also may refuse to complete your Internet Banking transactions if we have canceled your Internet Banking access, if we cannot complete the transaction for security reasons, or if the transaction will exceed the transaction limitations of the account.

    The functions and limitations of Internet Banking may be updated, without notice, at the option of the Credit Union.

  3. FEES FOR INTERNET BANKING.
    You agree to pay the fees and charges established by the Credit Union from time to time for Internet Banking, Bill Pay, and Voice Response. The Credit Union reserves the right to change any fees and charges in its sole discretion. If you choose to discontinue using Internet Banking, you must notify us in writing of that fact in order to avoid any subsequent fees or charges.

  4. ACCOUNT STATEMENTS.
    Your periodic statement will identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions.

  5. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS.
    In case of errors or questions about electronic transfers, telephone us at (251) 575-2921, write us at Alabama River Credit union, Attention: Internet Banking, PO Box 907, Monroeville, AL 36461 or E-mail us at arivercu@frontier.com, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appears.

    1. Tell us your name and member number.
    2. Describe the error or the electronic transaction you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
    3. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 days after we hear from you and will correct any error promptly. If we need more time, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will 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 questions in writing and we do not receive it within 10 business days, we may not credit your account.

    For errors involving new accounts, point of sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

    We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  6. LIABILITY FOR UNAUTHORIZED TRANSACTIONS.
    You will be liable for unauthorized access to accounts via Internet Banking to the extent allowed by applicable federal and state law. Tell us AT ONCE if you believe your Logon ID, Security Code or any record thereof has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission or if any of your accounts have been accessed without your authority. Telephoning is the best way of minimizing your liability. You could lose all the money in your accounts (plus your maximum overdraft line-of-credit). If you tell us within 2 business days after you learn of the loss or theft of your Security Code, you can lose no more than $50 if someone used your Security Code without your permission.

    If you do NOT tell us within two 2 business days after you learn of the loss or theft of your Security Code, and we can prove we could have stopped someone from using your Security Code without your permission if you had told us, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, including those made by card, code or other means, 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 will extend the time periods.

    If you are suspicious of any account activity or experience a member information security related event or believe that your user User ID, Password, or Authentication has been lost or stolen, please contact the Credit Union at 251-575-2921 immediately.

  7. Transactions That Are Not Completed.
    If we do not complete a transfer 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:

    • If through no fault of ours, you do not have enough money in your account(s) to make the transfer.
    • If the transfer would go over the credit limit of your overdraft line.
    • A legal order directs us to prohibit withdrawals from the account(s).
    • The funds in your designated account(s) are subject to legal process or other encumbrance restricting the transaction.
    • If circumstances beyond our control (such as fire or flood prevent the transaction from being completed despite reasonable precautions that we have taken.
    • You have reported an unauthorized use of your Member Number and Password, reported it as stolen, or requested that we issue a new Password, and has as a result refused to honor the original Password.
    • If your account is closed, frozen or funds are uncollected.
    • If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
    • If the transfer would cause your balance to become negative or exceed the credit limit of an established line of credit loan.
    • If any part of Internet Banking is not working properly and you knew about the problem when you started the transactions.
    • There may be other exceptions stated in our agreement with you.

  8. Confidentiality.
    We will disclose information to third parties about your account(s) or the transactions you make:

    1. Where it is necessary for completing transfers; or
    2. In order to verify the existence and condition of your account(s) for a third party, such as a credit bureau or a merchant; or
    3. In order to comply with government agency or court orders; or
    4. If you give us your written permission.

  9. OUR BUSINESS DAYS.
    For purposes of this disclosure, our business days are Monday through Friday. Holidays are included.

  10. PRE-AUTHORIZED PAYMENTS.
    You may not use Internet Banking to enter into pre-authorized payment arrangements.

  11. OUR RULES AND REGULATIONS AND OTHER AGREEMENTS.
    Your designated account(s) may also be governed by other agreements between you and us. The terms and conditions of the deposit agreements and disclosures for each of your Credit Union account(s) as well as your other agreements with the Credit Union such as loans continue to apply notwithstanding anything to the contrary in this Agreement. However, in the event of any discrepancy, this agreement will control.

  12. EVIDENCE.
    If we go to court for any reason, you agree that we can use a copy, microfilm, microfiche, or photograph of any document or person to prove what you owe or that a transaction has taken place and the copy, microfilm, microfiche, or photograph will have the same validity as the original.

  13. TERMINATING THIS AGREEMENT.
    You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Internet Banking at any time in our sole discretion without prior notice to you. Whether you terminate the Agreement or we terminate the Agreement, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.

  14. CHANGING THIS AGREEMENT.
    We may change any term of the Agreement at any time. Your continued use of any or all of the subject system services indicates your acceptance of the change in terms. We reserve the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.

  15. NOTICES.
    All notices from us will be effective when we have mailed them or delivered them to the last known address in the Credit Union’s records. Notices from you will generally be effective once we receive them at Alabama River Credit Union, PO Box 907 Monroeville, AL 36461. Notices under Section 6 will be effective once you have done whatever is reasonably necessary to give us the information we need, such as by telephoning us.

  16. COLLECTION EXPENSE.
    If we ever have to file a lawsuit to collect what you owe us, you agree to pay our reasonable expenses, including attorney’s fees and costs.

  17. ADDITIONAL PROVISIONS.
    This Agreement shall be construed and interpreted under the laws of the State of Alabama (including its principles of contract law) without regard to its choice of and conflict of law principles. If any provisions of this Agreement are found unenforceable or invalid, all remaining provisions will continue in full force and effect. To the extent permitted by applicable law and this Agreement, you agree that any legal action regarding this Agreement shall be exclusively brought in a court of competent jurisdiction in Monroe County, Alabama.

  18. MEMBER BEST PRACTICES.
    The Credit Union’s efforts to secure electronic banking does not secure the internet or the transaction of information over the internet.  The Credit Union does not provide protection for email transfers or data transfers utilizing your personal computer. The Credit Union shall not be liable for any loss, harm or fraud resulting from the introduction of a computer virus, worm or other malicious code in your computer or access device.

    We will never contact you on an unsolicited basis to request information concerning your electronic credentials including your User ID, Password or Authentication.

    The Credit Union recommends its business and commercial members perform a risk assessment and review its electronic/online account controls and passwords periodically.

    The Credit Union recommends you periodically review your on-line account access practices to ensure security, including:
      who has access to your online accounts?;
      how and where are user names and passwords stored?; and
      how strong are your passwords and how often are they changed?