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ELECTRONIC SERVICES AGREEMENTS & DISCLOSURES

ONLINE BANKING SERVICE

This Agreement describes your rights and obligations as a user of the Online Banking Service or the Bill Payment Service (“Services”). It also describes the rights and obligations of American Community Bank & Trust . Please read this Agreement carefully. By pressing the I ACCEPT button below, you agree to comply with the terms and conditions of this Agreement.

NOTE: If registering “online” you must scroll down and click the I ACCEPT button at the bottom of this agreement to continue.

DEFINITIONS

The following definitions apply in this Agreement, “Online Banking” is the Internet-based Service providing access to your account(s) under the terms set forth in this Electronic Services Agreement; “Online Account” means any American Community Bank & Trust account from which you will be conducting transactions using a Service; and “Password” is the code sent to you by American Community Bank & Trust for use during the initial sign-on, or the code you select after the initial sign-on, that establishes your connection to the Service. “Time of day” references are to Central Daylight Time, as applicable. “We” or “Us” refer to American Community Bank & Trust, which offers the Services, and which holds the accounts accessed by the Services.

ACCESS TO SERVICES

American Community Bank & Trust will provide online instructions describing how to use the Online Banking Service or Bill Payment Service. You will gain access to your Online Accounts through the use of your Internet-enabled device, your Internet Service Provider, your User Code, and your Password.

HOURS OF OPERATION

The Services are available 24 hours-a-day, seven day-a-week, except during special maintenance periods, which generally are scheduled between 11:00 p.m. Sunday night and 4:00 a.m. Monday mornings. For purposes of transactions, American Community Bank & Trust’s business days are Monday through Friday, excluding holidays as determined by American Community Bank & Trust. All Online Banking transaction requests received after 6:00 p.m. on business days, and all transactions which are requested on Saturdays, Sundays or holidays on which American Community Bank & Trust chooses to remain closed, will be processed on the next American Community Bank & Trust business day. American Community Bank & Trust’s business day begins at 8:00 a.m.

USE OF YOUR SECURITY PASSWORD

You agree not to allow anyone to gain access to the Services or to let anyone know your Password used with the Services. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

IF YOUR PASSWORD HAS BEEN LOST OR STOLEN

If your Password has been lost or stolen, call American Community Bank & Trust immediately at 815/338-2300, 8:00 a.m. to 5:00 p.m. (Central Time). Telephoning American Community Bank & Trust is the best way of minimizing your losses. If you believe your Password has been lost or stolen and you tell American Community Bank & Trust within two business days after you learn of the loss or theft, you can lose no more than $50.00 if someone uses your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500.00.

BANKING TRANSACTIONS WITH ONLINE BANKING

In addition to viewing account information, you may use Online Banking to conduct the following transactions:

Transfer funds among your linked checking accounts, savings accounts, money market accounts and line of credit accounts. Note: Because regulations require American Community Bank & Trust to limit pre-authorized transfers (including Online Banking transfers), the following limitations apply:

Initiate bill payments

New Services may be introduced for Online Banking from time to time. American Community Bank & Trust will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.

BILL PAYMENT SERVICE

The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Pay Account to third parties you wish to pay. If you choose to utilize the Bill Payment Service, you may begin initiating payments two weeks following receipt of your Online Banking User Code and Password. Your “Bill Pay Account” is the account for which you are viewing transactions when initiating a Bill Payment.

Through the Bill Payment Service, you can pay bills from your Bill Pay Account to:

All payments you make will be deducted from the account that you designate as your Bill Payment Account on the Payment Initiation Date. Any payments you wish to make through this Service must be payable in U.S. Dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments (e.g., alimony or child support payments). Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

Funds must be available in your Bill Pay Account, including overdraft lines of credit, on the scheduled Payment Initiation Date. If your Bill Pay Account does not have sufficient available funds to make a payment; transactions may be approved that overdraw your account. The Bank’s current Non-Sufficient Funds (NSF) fee may be charged to your account for each NSF transaction, whether paid or returned.

If your Bill Pay Account does not have sufficient available funds to make a payment, American Community Bank & Trust shall have no obligation or liability if it does not complete a transfer or payment because there are insufficient available funds in your account to process a transaction. In all cases, you are responsible for either making alternate arrangements for the payment or rescheduling the payment through Online Bill Pay. Transactions may be approved that overdraw your account. Fees may apply.

You must schedule the Payment Initiation Date at least five (5) business days before any Payment Due Date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If you do not, you will be fully responsible for all late fees, finance charges or other action taken by the payee.

If the session during which you schedule a payment or transfer ends by 1:00 p.m. American Community Bank & Trust will be considered to have received it on that day. Otherwise, it will be considered received the following business day. For all entries made using the Service, the time recorded by the Online Banking service controls. The way to cancel or change a payment is use the Bill Payment Service. Payments must be changed or canceled using the Bill Payment Service prior to 1:00 p.m. on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we will charge you a stop payment fee to stop the bill payment. Stop payment orders, whether oral, written, or electronic, will be in effect for a period of six months. If requested by American Community Bank & Trust, you will confirm any stop payment order in writing. After six months, any stop payment will terminate and must be renewed to continue in effect. American Community Bank & Trust may pay any item that is presented following the lapse of any stop payment order.

American Community Bank & Trust is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. American Community Bank & Trust will not be liable in any way for delays in mail delivery, for changes to the payee’s address or account number (as long as you notify us five days in advance), for the failure of any payee to correctly account for or credit the payment in a timely manner, or for any other circumstances beyond the control of American Community Bank & Trust.

BILL PAYMENT GUARANTEE

We will reimburse you for any late payment fees or penalties you are charged up to a maximum of $50.00 per scheduled payment, as a result of the failure of a Business Payee to receive a payment made through the Bill Payment Service by the bill’s actual due date to the extent that the Bank has not refused the transaction if the Bank reasonably believed such refusal is necessary for security reasons, if you meet each of the following conditions:

  1. You must properly schedule the payment to be initiated on a date at least five (5) business days prior to the bill’s actual due date. This means that you must initiate a Single Payment before 1:00 p.m. Central Standard Time on a business day at least five (5) days prior to the bills actual due date. For Recurring Payments, this means that you must allow additional time for months in which weekends or holidays reduce the number of business days between the recurring Payment Initiation Date and the bill’s actual due date.
  2. You must provide us with the correct Payee name, address, phone number and account information, and with the correct payment amount.
  3. On the Payment Initiation Date your checking account must contain sufficient available funds, including overdraft lines of credit, to complete the payment.
  4. The late payment fee or penalty, or the method of its calculation, must be published by the payee prior to the bill’s actual due date.
  5. The Payee must be a Business Payee.

STOP PAYMENT

Acceptance of the Electronic Services Agreement & Disclosures set forth in this document allows you to complete an online electronic stop payment order through Online Banking. Your stop payment order must precisely identify the check number, date, amount of the item, and the payee. Generally, your stop payment order is effective for six months. Your order will lapse after that time if you do not renew the order by completing a new stop payment order before the end of the six month period. We are not obligated to notify you when a stop payment order expires. The bank must receive the stop payment prior to the item clearing the bank. We may, in our sole discretion, honor any payment that does not meet the exact information as set forth in your stop payment order. A fee is assessed for every stop payment request received. Please refer to our current Fee Schedule.

If you stop payment on an item and we incur any damages or expense because of the stop payment, you agree to indemnify us for those damages or expenses, including attorney fees. You assign to us all rights against the legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop payment. Our stop payment cut-off time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g. we paid the item in cash or we certified the item).

STATEMENTS

You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account. Your account statement is also available on the American Community Bank & Trust Online banking service. Please enroll for this service through your online account. You will be asked for your account number, account type and last four digits of your social security number plus optional questions to help qualify your
eStatement enrollment.

IF YOUR STATEMENT SHOWS TRANSFERS THAT YOU DID NOT MAKE ,

Please do not email any confidential information to American Community Bank.

If your statement shows transfers that you did not make, notify American Community Bank & Trust immediately by calling us at 815/338-2300, 8:00 a.m. to 5:00 p.m. (Central Time), e-mailing us at info@amcombank.com or writing American Community Bank & Trust at:

American Community Bank & Trust
Attention: Internet Customer Service
P. O. Box 1720
Woodstock, Illinois 60098

If you do not notify American Community Bank & Trust within sixty (60) days after the statement was mailed to you, you may not recover any money lost after the sixty (60) days which would not have been lost if American Community Bank & Trust had been notified in time. If a good reason as reasonably determined by American Community Bank & Trust (such as a long trip or hospital stay) delayed you from contacting American Community Bank & Trust, American Community Bank & Trust, at its option, may extend these time periods.

ERRORS AND QUESTIONS

In case of errors or questions regarding an Online Banking or Bill Payment transaction, call American Community Bank & Trust at 815/338-2300 or write us at:

American Community Bank & Trust
Attention: Internet Customer Service
P. O. Box 1720
Woodstock, Illinois 60098

We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. We will need:

  1. Your name and account number (if any);
  2. A description of the error or the transfer in question, and an explanation concerning why you believe it is an error or need more information;
  3. The dollar amount of the suspect error;
  4. The date on which it occurred.

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days from your initial contact. We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly. If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) days to investigate a complaint or question. If this occurs, we will credit your account within ten (10) business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete our investigation. If your complaint or question is not received in writing within ten (10) business days from your original contact, we may not credit your account until the investigation is completed.

If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation.

You agree that American Community Bank & Trust may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service. Any such electronic mail sent to you by American Community Bank & Trust shall be considered received within three (3) days of the date sent by American Community Bank & Trust, regardless of whether or not you sign on to the Service within that time frame.

LIMIT OF AMERICAN COMMUNITY BANK & TRUST AND OTHER PROVIDER’S RESPONSIBILITY

American Community Bank & Trust agrees to make reasonable efforts to ensure full performance of Online Banking. American Community Bank & Trust will be responsible for acting only on those instructions sent through Online Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under its control which may affect the accuracy or timeliness of messages you send. American Community Bank & Trust is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.

Any information you receive from American Community Bank & Trust or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. American Community Bank & Trust is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.

Neither American Community Bank & Trust nor Other Information Providers are responsible for any computer virus or related problems that may be attributable to services provide by any Access Service Provider.

You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. American Community Bank & Trust will not be responsible for any errors or failures from the malfunction or failure of your hardware or software.

The limit of American Community Bank & Trust’s liability shall be as expressly set forth herein. Under no circumstances will American Community Bank & Trust be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to waive any and all right to any of the aforesaid, and you acknowledge that the limit of your remedy is as otherwise expressly set forth herein.

AMERICAN COMMUNITY BANK & TRUST RESPONSIBILITY

American Community Bank & Trust will be responsible for your actual losses if they were directly caused by our failure to:

However, we will not be responsible for your losses if:

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

ELECTRONIC MAIL

If you send American Community Bank & Trust an electronic mail message, American Community Bank & Trust will be deemed to have received it on the following business day. American Community Bank & Trust will have a reasonable time to act on your e-mail. You should not rely on electronic mail if you need to communicate with American Community Bank & Trust immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur).

You agree that American Community Bank & Trust may respond to you by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by American Community Bank & Trust shall be considered received within three (3) days of the date sent by American Community Bank & Trust, regardless of whether or not you sign on to the Service within that time frame.

 

OTHER AGREEMENTS

In addition to this Agreement, you and American Community Bank & Trust agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking Service or the Bill Payment Service is your acknowledgement that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at American Community Bank & Trust, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct the fees related to this Service from your Bill Pay Account each month.

MODIFICATIONS TO THIS AGREEMENT

American Community Bank & Trust may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to you at the address shown on our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law. We may send any notice to you via electronic mail and you will have been deemed to have received it three (3) days after it is sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your account or the transfers you make:

  1. Where it is necessary for completing transfers that were initiated by a customer;
  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 government or court orders, or other reporting requirements; or
  4. If you give us your written permission

Information concerning your account history with American Community Bank & Trust will be shared within the American Community Bank & Trust organization. Other information, including information you have given us as part of an application for one of our products and services, or information we have received from a credit bureau or other third party within the organization.

INACTIVITY/TERMINATION

You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which you access using electronic banking services. We can terminate your Online Banking privileges (including the Bill Payment Service) under this Agreement without notice to you for any reason; or if you do not pay any fee required by this Agreement when due; if you do not comply with the Agreement governing your deposit or loan accounts; or your accounts are not maintained in good standing. We will promptly notify you if we terminate this Agreement or your use of the Services for any other reason.

We may convert your account to inactive status if you do not sign on to the Service or have any transaction scheduled through the Online Banking Service during any consecutive one hundred (180) day period. If your account is considered inactive, you must contact us to have the Service activated before you will be able to schedule any transaction through the Service. If you do not utilize your Bill Payment Service during any consecutive sixty (60) day period we will deactivate your account and you must re-enroll before you will be able to schedule any payments.

To cancel the Online Banking and/or Bill Payment Service, you must notify American Community Bank & Trust and provide your name; address; whether you are discontinuing Online Banking, Bill Payment or both; and the effective date to stop the Service. When Bill Payment is terminated, any pre-scheduled bill payments made through Online Banking will also be terminated. You may notify American Community Bank & Trust by one of the following methods:

Please do not email any confidential information to American Community Bank.

  1. By initiating a customer inquiry through our Web site at info@amcombank.com
  2. By calling 815/338-2300, 8:00 a.m. to 5:00 p.m. Central Time
  3. By writing a letter and either sending it to the following address or giving it to a Personal Banker at any location:

    American Community Bank & Trust
    Attention: Internet Customer Service
    P. O. Box 1720
    Woodstock, Illinois 60098

GOVERNING LAW

The laws of the State of Illinois and applicable federal law govern this Agreement.

FEE SCHEDULE

American Community Bank & Trust offers the benefits and convenience of the Online Banking and Bill Payment services free of charge for personal accounts.

Account research and stop payment charges will be assessed at the rates published in American Community Bank & Trust’s Schedule of Accounting Service Fees.

These fees are subject to change. American Community Bank & Trust will notify you in writing regarding any fee changes at least thirty (30) days in advance of the effective date of these changes.

ELECTRONIC STATEMENT DISCLOSURE & AGREEMENT

By accepting the terms of this Agreement, you hereby authorize American Community Bank & Trust to provide periodic account statements, notices and regulatory disclosures to you electronically. Your authorization means that you consent to the following:

SYSTEM REQUIREMENTS

You are responsible for obtaining, installing, maintaining and operating all computer hardware and software necessary for receiving eStatements. You must have a working connection to the internet with e-mail capability. You must be able to receive and open Portable Document Format (.PDF) files with Adobe Acrobat Reader version 10.0 or higher.


SYSTEM ACCESS

Access to this service may be unavailable at times due to scheduled maintenance, unscheduled maintenance or system outages.  In addition, both environmental and physical events may occur that may cause the system to become unavailable.  American Community Bank & Trust will make every reasonable effort to ensure delivery of your electronic Statements and disclosures in a timely manner.

American Community Bank & Trust disclaims all liability that relates to improper use of this system.  We are not responsible for any damage that may occur to your personal computer from the use of this service or the data transmitted through the account access link.  We will notify you of any change to software and hardware requirements needed to access the system.  The notification will be sent to the e-mail address we have on record for your account.

YOUR RESPONSIBILITY FOR MAINTAINING THE SECURITY OF YOUR ACCESS ID AND PASSWORD

It is solely your responsibility to protect your Access ID and Password from unauthorized persons.  You agree to contact the bank immediately if at any time you suspect the password has been compromised.  You understand  that in providing this information to a third party, you are granting that party the right to view your account statements which will include but not be limited to your account numbers, your account balances, your account history, the front images of checks and any and all notices provided on your account.

CONTACT INFORMATION

Please do not email any confidential information to American Community Bank.

If you need assistance on how to update your e-mail address, request a paper copy of your statement or request assistance in changing your password, contact us at eStatements@amcombank.com or call the bank at 815-338-2300. You may also come into any one of our offices. Research fees may apply. Please refer to the Deposit Account Agreement for further information.

ERRORS AND QUESTIONS

In case of errors or questions regarding an On-line Banking or Bill Payment transaction, call American Community Bank & Trust at 815-338-2300 or write us at:

American Community Bank & Trust           
Attention: Internet Customer Service
P. O. Box 1720
Woodstock, Illinois 60098

We must hear from you at the specified telephone number or address no later than sixty (60) days after we sent you the first statement on which the problem or error appeared.  We will need:

If the report is made orally, we may require that you send the complaint or question in writing within ten (10) business days from your initial contact.  We will notify you with the results of the investigation within ten (10) business days and will correct any error promptly.  If more time is needed, however, we may, at our sole discretion, take up to forty-five (45) days to investigate a complaint or question.  If this occurs, we will credit your account within ten (10) business days for the amount you think is in error.  This will allow you to use the money during the time it takes us to complete our investigation.  If your complaint or question is not received in writing within ten (10) business days from your original contact, we may not credit your account until the investigation is completed.

If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete.  You may request copies of the documents that were used in the investigation.

You agree that American Community Bank & Trust may respond to you by electronic mail with regard to any claim of unauthorized electronic fund transfer related to the Service.  Any such electronic mail sent to you by American Community Bank & Trust shall be considered received within three (3) days of the date sent by American Community Bank & Trust, regardless of whether or not you sign on to the Service within that time frame. 

Mobile Terms & Conditions

Thank you for using the Mobile Services (“Services”) and any related Software (“Software”) provided by American Community Bank & Trust (The Bank) combined with your handheld's text messaging capabilities. By participating in the Services or using the Software, you are agreeing to the following terms and conditions, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and bill pay services of which the Service is a part. The Bank in its discretion may modify these Terms and Conditions at any time. Your phone carrier standard data and messaging charges may apply.

Terms and Conditions:

a. Program: The Bank offers their customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for your account. Enrollment requires identification of the user's banking relationship with the Bank as well as providing a mobile phone number. The mobile phone number's verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, you may select the type of alerts delivered to you. This program will be ongoing. Your phone carrier standard data and messaging charges may apply. Customers will be allowed to opt out of this program at any time.

b. Questions: You can contact us at info@amcombank.com or 815-338-2300, or send a text message with the word "HELP" to this number: 72080.  We can answer any questions you have about the program.

c. To stop the program: To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 72080. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

d. The Services and/or Software may not be available at anytime for any reason outside of the reasonable control of Financial Institution or any service provider

Privacy and User Information.  You acknowledge that in connection with your use of the Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or Software (collectively “User Information”).  The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services and Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
Restrictions on use; you agree not to use the Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and Software to transmit or disseminate:  (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;  (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of  the Bank or any third-party service provider involved in the provision of the Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose  Financial Institution, any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of  Fiserv or any third party.  You agree that you will not attempt to: (i) access any Software or Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.

Mobile Deposit Capture User Agreement

This Mobile Deposit User Agreement ("Agreement") contains the terms and conditions for the use of American Community Bank & Trust Mobile Deposit services from American Community Bank & Trust (The Bank).

1. Services. The mobile deposit capture services ("Services") are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to The Bank or American Community Bank & Trust’s designated processor.

2. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, or on our website(s) by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after The Bank has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, The Bank reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.

3. Limitations of Service. In c onsideration of providing this service as a convenience to you, w hen using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. You release the Bank from any damages that you or others may incur which are actual or consequential. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. You indemnify the Bank and hold the Bank harmless from any damages, costs, expenses including attorney’s fees you may incur by reason of the account holder violating the terms of the agreement. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.

4. Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software. The Bank is not responsible for any third party software you may need to use for this Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

5. Fees. Fees will not be charged for this product at this time.

6. Eligible items. You agree to scan and deposit only "checks" as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). When the image of the check transmitted to The Bank is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.

You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:

7. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as "For deposit only”, account number or as otherwise instructed by The Bank. You agree to follow any and all other procedures and instructions for use of the Services as The Bank may establish from time to time.

8. Receipt of Items. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from The Bank that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time; any item that we subsequently determine was not an eligible item. You agree that The Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.

9. Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 2:00 p.m . Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open.

10. Disposal of Transmitted Items. Upon your receipt of a confirmation from The Bank that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it "VOID", or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to The Bank upon request.

11. Deposit Limits. We may establish limits on the dollar amount and/or number of items. We reserve the rights to impose limits on the amount(s) and/or number of deposits that you transmit. We reserve the right to modify such limits from time to time. The current per check and daily dollar limit is $2,500.00 per business day for retail banking clients.

12. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in The Bank’s sole discretion subject to The Bank’s terms and conditions governing your account.

13. Errors. You agree to notify The Bank of any suspected errors regarding items deposited through Mobile Capture. Please refer to your terms and conditions for error resolution.

14. Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. The Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

15. Image Quality. The image of an item transmitted to The Bank using the Services must be legible, as determined in the sole discretion of The Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by The Bank, Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

16. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

17. Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Bank Services Agreement, Commercial Bank Services Agreement or any other agreement with us.

18. Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

19. Ownership & License. You agree that The Bank retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to The Bank’s business interest, or (iii) to The Bank’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

20. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE BANK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

22. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

User Warranties and Indemnification.

You warrant to The Bank that:

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