Terms and Conditions

PROGRESSBANK ONLINE BANKING

The first time you access your accounts through ProgressBank Online Banking, you agree to be bound by the terms and conditions of this ProgressBank Online Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.

Introduction

This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Progress Bank and Trust (“Institution”, “we”, “us” and “our”) via our on-line ProgressBank Online Banking site(s) ("ProgressBank Online Banking "). As used in this Agreement, the terms "you" and "your" refer to each person signing a ProgressBank Online Banking Application.

Your Representations

You represent and warrant that you are legally competent to enter into a binding legal contract and you agree to be bound by these ProgressBank and Trust Web Site Terms and Conditions (these “Web Site terms and conditions of Use”).  You also acknowledge that we may take measures necessary to verify your identity when you apply for or use our products or services. 
The Institution may, from time to time, introduce new On-line Financial Services. By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.

Benefits of ProgressBank Online Banking

Through ProgressBank Online Banking, you can manage eligible accounts from your home or office on a personal computer. ProgressBank Online Banking can be used to conduct any of the following “On-line Financial Services”: Obtain balances and transaction histories on all eligible accounts enrolled in ProgressBank Online Banking (All account balances and transaction histories reflect activity through the close of the previous banking day); Transfer money between eligible accounts (The number of transfers you can make from an account is limited as described in the applicable account agreement. In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); Transfer money to pay Institution for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; and Pay bills to any merchant, Progress Bank and Trust or an individual with a U.S. address.

Security & Protecting Your Account

We are strongly committed to protecting the security and confidentiality of our customer’s account information.  We use several techniques to help secure our ProgressBank Online Banking service, including the following:

Requirements

To access ProgressBank Online Banking you must have Windows:  IE. 4.01 SP1 and 5.0, Netscape Navigator 4.08, and Netscape Communicator 4.7 or compatible web browser and 128 bit data encryption.

In addition to compatible software, you must have a ProgressBank Online User ID, a password and maintain one or more of the following eligible accounts at Institution:

Password

Your password will give you access to Institution accounts via ProgressBank Online Banking. Institution is entitled to act on any instructions it receives using your password. For security purposes, it is recommended that you memorize your password and do not write it down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password can be changed at our ProgressBank Online Banking site. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use ProgressBank Online Banking services. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s).

Accessibility

You can usually access Progress Bank Online seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of ProgressBank Online Banking may not be available due to system maintenance or reasons beyond Institution's control. Institution does not warrant that ProgressBank Online Banking will be available at all times. When unavailable, you may use an automated teller machine (“ATM”) or call our office to conduct your transactions. A ProgressBank Online transaction initiated prior to 5 PM (Central Time) on a banking day is posted to your account the same day. All transfers completed after 5 PM (Central Time), or on a non-banking day, will be posted the following banking day.

Fees and Charges

There is currently no charge for the use of ProgressBank Online services.

Restrictions

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using ProgressBank Online Banking. You may not gain, or attempt to gain, access to any ProgressBank Online Banking server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.

Accessing the Service

When you complete your internet banking enrollment form, you will be given an opportunity to request a User ID and Password.  You will use the User ID and Password to access the Internet Banking site.

Each time you access the Service, you will be asked to enter your User ID and Password.  The correct responses will give you access to the Service.

Electronic Mail (E-mail)


Sending E-mail is a very good way to communicate with Institution regarding your accounts or the On-line Financial Services. However, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate On-line Financial Service transactions. All such transactions must be initiated using the appropriate functions within the ProgressBank Online Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

Disclosure of Information

Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law.

Links to other Sites

Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution’s site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.  When you access a linked site, your rights and obligations will be governed by the terms and conditions of the linked site, including its privacy policy.  Institution hereby disclaims liability for any information, materials, products, or services posted or offered on any third party web sites and shall not be liable for any failure of products or services made available through those web sites.

Virus Protection

Progress Bank and Trust is not responsible for any electronic virus that you may encounter using Progress Bank Online services. We encourage you to routinely scan your computer and diskettes using a reliable virus protection product to detect and remove viruses. If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.

Damages and Warranties

In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by ProgressBank Online Banking or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus (es) Customer may encounter after installation of such software or use of ProgressBank Online Banking. Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers provide ProgressBank Online Banking from their own sites and they make no representation or warranty that any information, material or functions included in ProgressBank Online Banking are appropriate for use by you in your jurisdiction. If you choose to use ProgressBank Online Banking, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither Institution nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of ProgressBank Online or contained in any third party sites linked to or from Institution’s web site.  Material on this web site may include technical inaccuracies or typographical errors.  Changes may be periodically incorporated into this material.  Institution may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice.  Your continued use of this web site after changes to this material have been posted will be considered acceptance of those changes.  INSTITUTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF PROGRESSBANK ONLINE BANKING BANKING OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION.

Indemnification

Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any and all damages, liabilities,  losses, costs or expenses (including attorney’s fees) arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.

Additional Remedies

Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

Termination and Changes in Terms

Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site.

Applicable Rules, Laws, and Regulations

You submit to the jurisdiction of and this Agreement shall be governed by the laws of the State of Alabama, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Madison County, Alabama, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.

Assignment

Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.

Integration

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.

Severability

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.

Waiver

Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.

Force Majeure

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

Construction

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation.  If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.