ECorp Online Banking Disclosure
Please read this agreement carefully
This Agreement and Disclosure governs your use of the ECorp Online Banking service. Throughout this Agreement and
Disclosure it will be referred to as "Agreement". By using ECorp Online Banking, you agree to all of the terms
of this Agreement. Please read it carefully and keep a copy for your records.
- You or Your - The person(s) subscribing to or using Internet Banking.
- We, Us, or Our - Refers to American Bank, 234 5th Avenue SW, P.O. Box 310, Le Mars, Iowa 51031, and any agent, independent contractor, designee, or assignee American Bank may involve in
the provision of Internet Banking.
- Business Day - Any calendar day other than Saturday, Sunday, or any holidays recognized by American
State Bank. Fund (Wire) Transfers and ACH transactions are processed on all business days that the Federal
Reserve Bank are operating and open for business.
- Business Day Cut-Off - American Bank’s primary banking office is located in Le Mars, Iowa
and we base our business day on the Central Daylight Time zone. For posting purposes, the bank will process:
Transactions received after the stated deadline will be processed on the following business day.
- All inter-account transfers received by 3:00 PM;
- All deposits received by the bank (physical or electronic) by 3:00 PM;
- All ACH files received by the bank by 1:00 PM; and
- All Funds (Wire) Transfers received by the bank by 2:00 PM.
- Client Authorization Document - ECorp Online Banking Document that establishes:
- What accounts will be accessible through ECorp Online Banking;
- What employees will be given access rights for;
- What accounts the employees will be given access to;
- Establish bank set limits (daily/monthly) for ACH and Wire (Funds) Transfers;
- Setup reoccurring Wire Transfers and ACH activities;
- Establish Stop Payment authority;
- Establish inter-company account funds transfer authority; and/or
American Bank understands how important privacy is to our customers. We have taken steps to insure your
security and privacy for your personal and financial dealings with the bank. Our customer privacy statement can be
obtained by request or through our web site.
About Internet Banking and ECorp Online Banking
American Bank’s Online Banking consists of a web site that provides a wide array of financial services to
its customers. American Bank allows customers to access their data with up to 12 months of full statements
and complete transaction detail.
Internet Security Information
We use the SSL (secure socket layer) encryption technology for everything you do in the Internet Banking site.
This technology is automatically activated by your browser when it attempts to connect to our system and it will
support 128 bit key lengths. Whenever SSL is securing your communications, the browser will typically indicate
the "secure session" by changing the appearance of a small icon of a padlock at the bottom of the screen from open
to locked. What this means to you is that your communications are scrambled from your browser to our servers at
all times so no unauthorized party can read the information as it is carried over the Internet. In addition, our
servers have been certified by a "Certificate Authority" that will assure you that you are actually talking to our
servers instead of someone pretending to be us. (If you are using an older browser, such as anything prior to
versions 4.0 on Netscape or Internet Explorer, the "Certificate Authorities" key may be expired and you may need
to update it on your browser.
During your use of the Internet Banking system, we will pass a "cookie" to your browser for identifying you during
the session. We do not (and can not) use our cookies to obtain new information about you. A "cookie" is security
data that is given to a browser by a web server that is returned by the browser on subsequent transmissions to
identify the user and encryption information. When you log onto the system, this cookie enables us to process
multiple transactions during the session without you having to provide your Access ID and Password for each
individual transaction. When you log off, or after fifteen minutes, the cookie is no longer accepted and must be
renewed by requiring the Password to be reentered. A new cookie is used for each session. That way, no one can use
the cookie to access your account. In addition to the security measures described above, there may be other
security notices posted on the website regarding security issues. It is your responsibility to read all applicable
notices. One of the main security features guarding the use of the Internet Banking system is the unique
combination of your Access ID and Password. It is important that you keep your Password secret. We will not be
liable for any losses resulting from your permitting other persons to use your Access ID and Password to access
the system. If you have more questions about our security systems for conducting transactions safely over the
Internet, contact our Electronic Banking Administrator.
Security is very important to the Internet Banking system. The first time that you log in you will use a bank
provided Access ID and Password. At this time you will be prompted to replace your bank provided Access ID and
Password with an Access ID and Password you select. To help prevent unauthorized access and ensure the security of
your accounts, we will end your online session if we have detected no activity for 15 minutes. This is to protect
you in case you accidentally leave your computer unattended after you logged on. When you return to your computer,
you will be prompted to re-enter your Password.
Because your Password is used to access your accounts, you should treat it as you would any other sensitive
personal data. You should carefully select a Password that is hard to guess. Keep your Password safe. Memorize
your Password and never tell it to anyone. ECorp Online Banking rules require that you to change your Password not
less than once every 90 days. This can be done at any time through the normal logon process.
- You agree to notify us immediately if your Access ID or Password is lost or stolen or if you believe
someone else has discovered your Access ID or Password.
- If you give your Access ID or Password to someone else you are authorizing that person to act on your
behalf. We may permit such a third party to access your account information to make transfers and payments
and to otherwise use the services.
- If you lose or forget your Access ID or Password, you should call us at 1-712-546-2345 and ask for the
Electronic Banking Administrator.
You may request to access any account of which you are a signer or owner. This is done through the Client
Authorization Document. If you desire services that allow you to initiate payments or transfers from the account,
you will need the required withdrawal authority over the account to be able to complete the transaction. By using
the service, you agree to maintain one or more accounts with us and to keep sufficient balances in any account to
cover any transaction and fees that are ultimately approved by or related to the system. You understand and agree
that unless otherwise restricted by the Client Authorization Document ANY ONE USER can initiate transactions
(including funds transfers) from any of your accounts using the services regardless of
whether the USER is an authorized signer on those accounts and regardless of whether any of those account(s)
normally require two or more signatures or has other restrictions.
Special Information about Secure File Delivery Services
8.1. Account Inquiry Information and Transfers Limitations
According to Federal regulations, you may not make more than six (6) pre-authorized or automatic transfers
from your Regular Statement Savings, Money Market Deposit, Prime Market Investments, and All American
College Savings Plan during a given monthly statement period. There are no limits to the number of transfers
from your Checking Accounts.
Balances shown in your accounts may include deposits subject to verification by us. The balance may also
differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or
charges. A transfer request may not result in immediate availability because of the time required to process
the request. If you have further questions, contact our Electronic Banking Administrator.
The balances are updated periodically and the system will display the most current "as of" date on the
"accounts" summary page. There may be situations that cause a delay in an update of your balances. The
system will use the most current balance available at the time of a transaction to base our approval.
The system includes several options that provide a means to securely forward your request to us for processing.
Generally, requests received from the system will be processed within one business day using procedures that would
handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact
American Bank directly by telephone or in person.
ATM Operator/Network Fees:
When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
(a) Terminal Transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals. Effective 8/6/07 Some terminals may not provide a receipt for ATM or POS transactions of $15 or less.
(b) Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at the telephone number listed below to find out whether or not the deposit has been made.
(c) In addition,
- You will get a monthly account statement from us, unless there are no transfers in a particular month. In any case you will get a statement at least quarterly.
- You will get a quarterly statement from us on your savings account if the only possible electronic transfer to or from the account is a preauthorized credit.
(a) Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments.
Here' s how:
Call or write us at the telephone number or address listed in this disclosure, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
We charge $25.00 for each stop payment.
(b) Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
(c) Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
To cancel a funds (wire) transfer or ACH transaction.
If you have a problem or need to cancel funds (wire) transfer or an ACH transaction, you will need to contact the
Electronic Banking Administrator. AB WILL NOT be able to cancel the event if the cancellation request comes in
after the service has already been completed or before AB has a reasonable chance to stop it.
- Telephone Support - AB will provide reasonable telephone support to assist Customer in resolving
problems encountered in the use of ECorp Online Banking. Support will be provided during normal business
hours, excluding AB’s regular scheduled holidays.
- Enhancements - AB will provide Customer with any updates, corrections and enhancements to ECorp
Online Banking without additional cost.
DO NOT SEND NOTIFICATION OF LOST OR STOLEN ACCESS IDs OR PASSWORD’S OR UNAUTHORIZED TRANSFERS VIA EMAIL.
Please Note: By permitting your account to be accessed via ECorp Online Banking, you understand and agree that any
User authorized by you can access and initiate funds transfers from your account(s), regardless of whether that
User is an authorized signer on your account(s). You are agreeing that we may consider all such transfers as
having been authorized by you.
Errors and Questions
In cases of errors or questions about your electronic transfers completed with Ambank Internet Banking, do one of
the following, as soon as possible:
- Telephone American Bank at (712) 546-2345; or
- Write to American Bank, 234 5th Avenue SW, P.O. Box 310, Le Mars, Iowa 51031; or
- Initiate an inquiry on your PC through e-mail to:
- We must hear from you by mail within 60 days after you receive the first statement or notification in
which the error or problem appeared. Please include the following information:
- Account Number and your Access ID
- Description of the error or what you are unsure about, plus an explanation of why you believe it
is an error or why you need more information.
- Tell us the amount of the error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business
We will tell you the results of our investigation within 3 business days after we hear from you. If we need more
time we may take up to 45 business days to investigate. If we choose to take up to 45 business days, we will give
you a provisional credit to 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 question in writing and we do not receive it within 10 business days, we may not credit your
account. Your account is considered a new account for the first 30 days after the first deposit is made, unless
each of you already have an established account with us before this account is opened.
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 3 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 we used in our
Disclosure of Account Information to Third Parties
Information to third parties about your account(s) or the transaction(s) you make will only be disclosed if at
least one of the following applies:
- When you authorize us to release information
- To companies that perform marketing services on our behalf
- To credit bureaus
- To account verification services or check fraud services
- To other parties when it is necessary or helpful in completing a transaction, including other financial
institutions and networks involved in processing your transaction
- To comply with a law, regulation, court order, or subpoena
- To verify the existence of your account and general information about the condition of your account for a
merchant or other institution
- In response to an inquiry about current sufficient funds to cover a check you have written
- To local, state, and federal authorities if we believe a crime may have been committed involving your
- To paying agencies, such as the Social Security Administration, after the death or incapacity of a
recipient or beneficiary of recurring direct deposits
- To our independent auditors, consultants or attorneys and to our regulators.
No Signature Requirements
When any payment or other on-line service generates items to be charged to your account, you agree that we may
debit the designated account, or the account on which the item is drawn, without requiring your signature on the
item and without any notice to you.
American Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage
our customers to routinely scan their PC and diskettes using a reliable virus product to detect and remove any
viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware.
Additionally, you may unintentionally transmit the virus to other computers.
You may terminate the use of ECorp Online Banking by contacting American Bank in writing by mail, e-mail, or
personal delivery to American Bank. If your account is closed or restricted for any reason, Online Banking
accessibility will automatically terminate.
We reserve the right to terminate access to our web site and any or all Services in whole or in part at any time,
with or without cause and without prior written notice. In that event or in the event that you give us a
termination notice, we may (but are not obligated to) immediately discontinue making previously authorized
transfers or payments, including recurring transfers or payments and other transfers that you previously
authorized but are not yet made. We also reserve the right to temporarily suspend access to our web site and any
or all Services in situations we deem appropriate, in our sole and absolute discretion, including when we believe
a system security breach has occurred or is being attempted. We may consider repeated incorrect attempts to enter
your User ID or password as an indication of an attempted security breach. Terminating the Services does not
affect your or our rights or obligations under these terms and disclosures with respect to occurrences before
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa.
You may not transfer, assign or delegate your rights or duties under these terms and disclosures. Do not use an
aggregator or screen scraper service provider. If you choose to use an aggregator or screen scraper service
provider, you are authorizing them to act on your behalf in obtaining the Services. We may assign or delegate, in
part or whole, to any third party.
ALL INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER WHICH ARISE OUT OF OR RELATE TO:
(A) YOUR USE OF OR ACCESS TO (OR INABILITY TO USE OR ACCESS) ONLINE BANKING OR ANY RESOURCES ACCESSIBLE THROUGH
(B) YOUR RELIANCE ON ANY INFORMATION PROVIDED VIA OUR WEB SITE;
(C) ANY OTHER FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION OR DEFECT, OR ANY LOSS OR DELAY IN
WE SHALL HAVE NO LIABILITY FOR DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR
OTHERWISE, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA ON YOUR COMPUTER SYSTEM,
REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY THEREOF. WE DO NOT GUARANTEE THE SECURITY, PRIVACY OR
INTEGRITY OF INFORMATION THAT YOU MAY TRANSMIT TO US OR RECEIVE FROM US OVER THE INTERNET.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF OUR SITE OR THE SERVICES AVAILABLE VIA OUR WEB SITE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS.
22.1 Exceptions Except for remedies provided by law which cannot be waived,
your remedies herein are exclusive and in lieu of all other remedies in law or equity. Claims not raised in
accordance with the dispute resolution procedures set forth herein shall be deemed barred.
THE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY PARAGRAPHS SHALL NOT BE DEEMED TO DISCLAIM LIABILITY
SPECIFICALLY IMPOSED ON US BY STATUTE OR REGULATION, TO THE EXTENT SUCH LIABILITY CANNOT BE WAIVED OR
DISCLAIMED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT FULLY APPLY
TO YOU. TO THE EXTENT THAT THE FOREGOING IS NOT FULLY ENFORCEABLE UNDER APPLICABLE LAW, YOU MAY HAVE OTHER
LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
Except as otherwise provided herein, you are solely responsible for the results of your use of the Services. We
are not responsible to third parties (such as, but not limited to, your customers) for your use of the Services.
If a third-party claim is made against us arising out of your use of the Services or violation of this agreement,
you agree to defend, indemnify and hold us harmless against such claim.
Copyright and Proprietary Rights
We own all copyright in our web site’s contents, including, without limitation, all pages and the screens
displaying the pages for our web site, all information, documents, logos, graphics and other materials contained
on our web site, and their arrangement. Other trademarks or service marks referenced on our web site are their
respective owners’ property. You may not copy or display (except as strictly necessary for you to view these
materials on your own computer), republish, redistribute, transmit, modify, or otherwise use, transfer or exploit,
without our prior written consent, any part of these pages or screens. You agree not to decompile, disassemble or
otherwise reverse engineer our web site or any software or materials you obtain from our web site. We may claim
trademark and/or service mark rights in marks used in our web site. We retain title, all intellectual and
proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all
other rights in and to our site, all information, resources, content, tools, services and other features
accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and
new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically
grant to you in and subject to these terms and disclosures, nothing shall be deemed to grant you any right, title,
interest or license in or to any of the foregoing. All privileges granted to you are limited, non-exclusive,
non-transferable, and revocable.
Terms and conditions of this agreement may be amended in whole or part at any time within 30 days written and/or
electronic notification prior to the change taking effect. If you do not agree with the change(s), you must notify
us in writing prior to the effective date to cancel your access. Amendments or changes to term(s) or condition(s)
may be made without prior notice if it does not result in higher fees, more restrictive service use, or increased
liability to you.
This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit
Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements
made by employees or agents, this agreement shall supersede.