Moody National Bank Online Agreement

MOODY NATIONAL ONLINE BANKING SERVICES AGREEMENT

YOU MUST BE AN EXISTING MOODY NATIONAL BANK CUSTOMER TO ENROLL ONLINE

This Agreement governs your use of our online banking services (the “Services”, as further defined below). Use of the Services is expressly conditioned on your acceptance of this Agreement. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement.

In addition to this document, you may be subject to, and/or required to agree to, various guidelines, rules, disclosures, disclaimers and other terms that we may post on our website (“Moody Online”) or otherwise provide or make available to you from time to time. Furthermore, if you use certain features, products or services available on or through the Services, you will be subject to, and/or required to agree to, separate user agreements, customer agreements or similar agreements governing or relating to such features, products or services.

TERMINOLOGY

The Parties

Throughout this Agreement, the words “Moody National”, “we”, “us” or “our” mean, collectively, Moody National Bank, N.A., its subsidiaries and affiliates and all of their respective successors or assigns. “You” or “your” means each Authorized Person (as defined below) who has an interest in an account with Moody National which is accessible through the Services or through Moody Online. Whenever “you” is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several and solidary wherever appropriate.

Account-Related Terms

Unless otherwise indicated, “account” and “accounts” mean the checking, savings or other deposit account(s), loan account(s) and other account(s) provided to you by Moody National and that are used through the Services. “Authorized Person” means, with respect to an individual account, each person who has an interest in or authority to transact business in such account and, with respect to an entity account, each person listed as an authorized signor for such account or otherwise authorized to transact any business with respect to such account. “Access Information” means your password, secret question, PIN or any other device, unique identifier or code that enables you to access the Services.

DESCRIPTION OF SERVICES

The “Services” means all features, products, and services provided through Moody Online, including, but not limited to, the ability to: (a) transfer funds between accounts; (b) obtain account balance and other account information for various accounts (including, without limitation, checking, savings or other deposit accounts); (c) obtain transaction information on your accounts; (d) view online statements; (e) view online check images for checking account(s) established at a banking office of Moody National; or (f) pay your bills online. These features are limited to the extent noted herein and in any other agreements that apply to you.

Subject to the terms hereof, you may use the Services seven days a week, twenty-four hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as further described herein. Certain features, information, types of transactions or other services available while using the Services may be available only for certain accounts or may not be available when accessing the Services on certain devices (such as your mobile phone).

BY USING THE SERVICES TO INITIATE ELECTRONIC FUNDS OR WIRE TRANSFERS, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS APPLICABLE TO SUCH FEATURES. SUCH TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE. PLEASE READ THE TERMS AND THEIR ACCOMPANYING DISCLOSURES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES AND OUR OBLIGATIONS REGARDING THESE FEATURES OF THE SERVICES. IF YOUR ACCOUNT WILL BE USED PREDOMINANTLY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO ELECTRONIC FUND TRANSFERS: YOUR RIGHTS AND RESPONSIBILITIES.

SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION

Use of the Services requires a computer or compatible mobile device and Internet access connected through a web browser. To provide the highest degree of confidentiality and to protect the security of your financial information, you agree to abide by the following security procedures which you agree are commercially reasonable.

You must access the Services using an internet browser that supports 128-bit encryption and secure sockets layer version 3.0 or higher. To the extent you are able to access the Services using lower than 128-bit encryption, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change or update these requirements from time to time.

You agree to keep your Access Information confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.

If you believe the security of your password or any other Access Information has been compromised in any way (for example, your password has been lost or stolen or someone has transferred money from your account(s) without your permission), you must notify us immediately.
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We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to Moody Online or to our computer systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).

BECAUSE E-MAIL IS NOT A SECURE METHOD OF COMMUNICATION OVER THE INTERNET, WE RECOMMEND YOU DO NOT SEND CONFIDENTIAL INFORMATION BY E-MAIL.

Instead, we recommend all communications be delivered in person or in writing or by telephone or sent via secure messaging. For account transactions, please use the appropriate functions available through the Services.

ENROLLMENT IN SERVICES

You understand that you are not enrolled in the Service until we process your request after verifying your identity and obtaining any other necessary information. By enrolling in the Services, you authorize us to process transactions for you as requested by you from time to time, and you authorize us to post transactions to your account(s) as directed.

By enrolling in the Services, you consent to receive, and authorize us to send, legal notices, disclosures, updates to these terms and conditions and other information related to the Services that we provide or make available to you during the course of our relationship in electronic form. To withdraw your consent, request a free paper copy of a document or opt to receive this information in non-electronic form, contact Customer Service. Note that if you withdraw your consent to receive electronic documents, Moody National reserves the right to terminate your use of the Services.

If you prefer to receive your account statements online, you may enroll in our eDocs program. Refer to the Moody National Bank Electronic Statements Delivery Terms and Conditions for the necessary technical specifications and to learn what conditions apply and how to enroll.

ELECTRONIC COMMUNICATIONS

You agree that all electronic communications that we receive in connection with the Services, such as those directing us to take an action with respect to your account, that match Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic and binding. Electronic communications will be given the same legal effect as your written and signed paper communications, shall be considered a “writing” or “in writing” and shall be deemed for all purposes (i) to have been “signed” and (ii) to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.

You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby, and such copies shall be admissible if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in documentary form.

You agree (to the maximum extent permitted by law) to hold harmless Moody National and protect and indemnify Moody National from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys’ fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by Moody National pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.

FEES AND CHARGES

Except as provided herein, we do not at this time charge any enrollment fees, recurring usage fees or any other fees for your use of the Services (including, without limitation, viewing your account information, transferring funds and making bill payments). However, we do charge fees in certain limited circumstances that may arise in connection with your use of the Services (such as if you request a stop payment on a commercial account). In addition, you are subject to all fees, charges, balance requirements and other restrictions explained in your account agreements or other agreements. You can find out more about any of our fees at any Moody National banking office or by contacting Customer Service.

Notwithstanding the foregoing, fees are subject to change, and we may impose additional charges or fees in connection with your use of the Services at any time, subject to the terms hereof. You agree to promptly pay all fees and charges for services provided through the Services, and you authorize us to automatically deduct all applicable charges and fees from your designated Payment Account(s) or any other eligible account. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

CHANGES IN SERVICES; INTERRUPTIONS IN SERVICE

We may, from time to time and at any time, revise, update, discontinue or otherwise modify, temporarily or permanently, the Services or your access thereto. We will attempt to provide prior notice of any such material changes by posting a notice of such changes online, when you log in, or by sending a notice to you at the address shown on our records.

Notwithstanding the foregoing, whenever reasonably practicable, we will attempt to post or send such notice at least thirty (21) days in advance of the effective date of any additional fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions. We reserve the right to make any such changes effective immediately if necessary to maintain the security of the system or to comply with any laws or regulations.

You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes.

We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

STATEMENT OF RECORD

If you receive paper and electronic statements, any account information provided by the Services is not the statement of record. The periodic statement that is mailed to you will be the statement of record. If you have chosen to stop receiving paper statements, the periodic statement provided to you electronically will be the statement of record. In any case, you are responsible for reviewing any statement and other account communications sent to you by postal mail. Any mailed statement and other account communications will continue to contain important information about your account(s), regardless of whether you access your account(s) through the Services or whether you have chosen to receive your statement electronically.

TERMINATION

We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason. Without limiting the foregoing, if you do not access the Services and there has been no activity on any of your accounts through the Services (such as an automatic bill payment) for any extensive consecutive period, and there is no such activity pending as of the end of such period, we reserve the right to terminate your access to the Services. If an account is closed for any reason, such account may no longer be accessible through Moody Online.

Termination shall not affect your liability or obligations under this Agreement for any transactions initiated prior to termination.

ASSIGNMENT

You may not assign this Agreement or your rights to the Services to any other party. We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation, or to any existing or future direct or indirect subsidiary of Moody National Bank, N.A., or to any of our existent or future affiliates. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

DATA RECORDING

When you contact us, the communication or the information you provide may be recorded or otherwise retained by us or our service provider. You consent to such recording or other retention. Without limiting the foregoing, you agree that we may record the conversations our employees have with you or your agents.

NO WAIVER

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

HARM TO COMPUTER SYSTEMS OR DATA

Without limiting any other provision hereof, you will bear the sole liability and risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your computer or third party communications providers on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer.

You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from Moody Online.

PRIVACY

Please see our Privacy Policy for an explanation of how we use, share and safeguard the information that we collect from you in connection with the Services, and your options regarding our use and sharing of such information.

LIMITATION OF LIABILITY; DISCLAIMERS

Except as otherwise expressly provided herein, your use of the Services is at your own risk. Neither Moody National, nor any of its officers, directors, employees, or agents nor any other party involved in creating, producing, or delivering the Services is liable for any direct, incidental, consequential, indirect, punitive, or other damages of any kind arising out of your access to or use of the Services, or the inability to access or use the Services, whether caused by Moody National or such other parties, online service providers, any agent or subcontractor of any of the foregoing or any other party.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE MOODY NATIONAL MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MOODY NATIONAL MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.

SEVERABILITY

If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.

GOVERNING LAW

This Agreement is governed by and interpreted in accordance with the laws of the State of Texas and all applicable federal laws and regulations and, as this Agreement applies to each individual account that you may access using the Services, by the laws and regulations governing such account or the account agreement for such account.

CONTACT US

If you have any questions or if you need to contact us pursuant to any of the provisions of this Agreement, you may contact Customer Service by calling 409-765-5561 or writing to Moody National Bank, 2302 Postoffice Street, Galveston, Texas 77550, ATTN: Customer Service.