American Bank Online offers both personal and business deposit and loan accounts with online account access, competitive interest rates and other Internet services through our online banking product, pcbanker.com.
Wednesday, September 08, 2010  
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Disclosures

pcbanker Online Access Agreement

Please note that American Bank has made important changes to the pcbanker Online Access Agreement of your account. The disclosure below is currently in effect. Please click here to review these additional changes to the disclosure that will also be in effect.

This pcbanker Online Access Agreement ("Access Agreement") provides the terms and conditions governing the use of pcbanker, an Internet-based banking system offered by American Bank (the "Bank," “we,” us,” and “our”). By clicking the "Agree" button, you agree to abide by the terms and conditions of this Access Agreement (as amended from time to time), as well as the terms, conditions, agreements, fee schedules and disclosures applicable specifically to the pcbanker service. By using the pcbanker service, you also agree to the terms and conditions of this Access Agreement, acknowledge your receipt of this Access Agreement and understanding of its terms, and agree to abide by the terms, conditions, agreements, fee schedules and disclosures applicable specifically to any such service and provided on American Bank’s website.

I. Definitions. As used in this Access Agreement, the following terms have the meanings assigned to them:

"Account" means a personal checking, savings, money market, certificate of deposit or loan account that you, as a natural person, have with us primarily for personal, family or household purposes.

“Activated Account" means an Account that you have with us which we have enrolled at your request for the pcbanker service.

"Account Access" means your ability to access account and transaction information on Activated Accounts and transfer funds between Activated Accounts through the pcbanker service.

"Account Agreement" means this Access Agreement and all other agreements between you and us that governs the use of your Activated Account, including any deposit account agreement, any funds availability agreement, electronic fund transfer agreement or disclosure, line of credit agreement, credit card agreement and our schedule of fees and charges.

"Business days" means Monday through Friday, excluding Saturday, Sunday, and Federal holidays.

“Challenge Questions” means a series of questions that are used to authenticate you, that are displayed by us, of which you may be required to select and provide answers to five (5) of the questions.

"Electronic" means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.

"pcbanker service" means our Internet banking service that we make available to you pursuant to this Access Agreement, including the services listed in Section III.A. of this Access Agreement, together with any other services that we may offer to you from time to time through the pcbanker service.

"Personal Identification Number" or "PIN" means, individually and collectively, the confidential Sign-On ID and a unique Password assigned to you by us or selected by you for identification purposes in connection with the use of our pcbanker service.

pcbanker SecurID Token” or “Token” means a small battery-powered compact electronic device that displays a string of randomly generated, unique digits on a small screen that changes every 60 seconds. The pcbanker SecurID Token is portable, can be carried on a key chain, does not connect to a computer and can be used with any operating system with no additional hardware or software. Below is an example of what the pcbanker SecurID Token looks like. This picture has been enlarged to illustrate the features of the token.



"You" and "your" mean each owner on an account enrolled under this Access Agreement.

"We," "us," "our," "pcbanker," and "Bank" mean American Bank.

II. Establishment of the pcbanker Service.

A. Eligibility. In order to activate your pcbanker service, you must have at least one Account with us. The Bank will provide a form of application to enable a customer to register for the use of pcbanker. You must complete and submit such application in a form and manner satisfactory to the Bank. Upon acceptance of your application, the Bank will provide written confirmation of your registration for the use of pcbanker. For joint accounts, each person must have a separate Sign-On ID and Password. Each person on a joint account will be liable for all transactions that are made on that account by all other joint holders of the account. Alternatively, the Bank may establish other secure procedures for enrollment in and/or access to pcbanker, or any portions of pcbanker, and for authorization of any transactions in your Activated Account(s). The Bank reserves the right to terminate your registration at any time.

B. Access. The pcbanker service is generally accessible 24 hours a day, seven days a week, except that the pcbanker service may be inaccessible for system maintenance. The Bank is not liable under this Access Agreement for failure to provide access due to a system failure or due to other unforeseen acts. The Bank reserves the right to restrict and/or deny online banking access privileges at any time and/or to restrict online banking access within any country outside of the United States or any high risk IP address, regardless of location. Finally, the Bank may modify, suspend, or terminate access to the pcbanker service at any time and for any reason without notice or refund of any fees that you have paid.

C. Linking Your Accounts. You can access your Accounts through the pcbanker service. Upon receipt of the Enroll Online Application, we will link all of your personal Accounts to the pcbanker service. You may also utilize the "Add Account" option within pcbanker to add future Accounts.

D. Equipment Requirements. To use the pcbanker service, you need certain software, a computer, an Internet Service Provider (ISP), a modem (at least 28,800 baud is recommended), and Browser software which supports 128-bit encryption, Secure Socket Layer 3.0 (SSL). For best results, we recommend Microsoft Internet Explorer 6.0, SP1, Microsoft Internet Explorer 6, SP2 for Windows XP, Google Chrome or Mozilla Classic. In this Access Agreement, the computer and modem you need to use this software are collectively referred to as your "computer". You are solely responsible for the selection, installation, maintenance and operation of your computer. Your computer must be compatible with our operations in order to access your Accounts or to use our other services that may be available now or in the future. We are not responsible for any errors or failures from any malfunction of your computer or any virus or other problems related to the use of the pcbanker service.

E. Relation to Other Agreements. Your use of the pcbanker service may also be affected by the agreements between you and us for your Activated Account(s). When you link an account to the pcbanker service, you do not change the agreements you already have with us for your Activated Account(s). For example, if you link a deposit account to the pcbanker service, the terms and conditions of your customer agreement(s), and the disclosures related thereto do not change. Similarly, when you use the pcbanker service to access a credit account, you do so under the terms and conditions we gave you in the agreement and disclosures for the credit account. You should review those agreements and disclosures for any applicable fees, for limitations on the number of transactions you can make, and for other restrictions that might impact your use of an Activated Account with the pcbanker service.

F. Disclaimer of Warranties.

  1. Warranties of Fitness and Merchantability. NEITHER WE, NOR ANY INFORMATION PROVIDERS, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
  2. Computer-related Warranties. Neither we nor any information provider is liable for any computer virus or software-related problems which may be attributable to the services provided in connection with the pcbanker service.
III. pcbanker Service.

A. Products and Services Offered. You can use the pcbanker service to:
  1. Obtain Account Balances.
  2. Request a Stop Payment.
  3. Initiate a Loan Payment.
  4. Sign-up for ACH Direct.
  5. Quicken and Microsoft Money Account Downloads.
  6. Online Bill Payment.
  7. View & Print Check Images.
  8. Sign-up to view your account statements electronically. Online statements are archived for 12 months.
  9. Order Checks.
  10. Obtain Credit Card Information (separate sign-on required).
  11. Refer-A-Friend.
  12. Add and Remove Deposit and Loan Accounts.
  13. Make transfers between eligible Accounts that you have with us and make cross-customer transfers into accounts of other American Bank customers. You may initiate transfers of funds between designated eligible Accounts at the Bank. Online real time transfers between Activated Accounts are processed immediately if the funds are collected. Recurring or scheduled transfers are initiated at approximately 4:00 p.m., ET on the appropriate Business Day. Recurring or scheduled transfers which fall on a Saturday, Sunday or a Federal Holiday are initiated on the previous Business Day (i.e., for a transfer that is scheduled for a Sunday, the transfer will be initiated on the preceding Friday at approximately 4:00 p.m., ET or if a transfer is scheduled to occur on a Monday, which is a bank holiday, the transfer will be initiated at approximately 4:00 p.m., ET on the preceding business day, which is Friday). Recurring transfers with a frequency of Month-End will process the first transfer on the Start Date specified and subsequent transfers will be processed at the end of the next month (i.e. The Start Date is November 11th and the frequency is Month-End. Assuming these dates are a normal Business Day, the initial transfer will occur on November 11th and the next transfer will occur on December 31st).

    You may not make more than six (6) preauthorized withdrawals, automatic or telephonic transfers, PC transfers, checks, drafts, and check card or other similar transactions from your savings or money market account to another account of yours or to a third party during a calendar month. If you exceed these transfer limitations in any calendar period, an excess transaction fee (Refer to Truth-in-Savings Disclosure - Other Fees & Charges) may be charged for each transaction in excess of the above limitations and we may discontinue your overdraft protection, convert your account to a checking account or your account may be subject to closure. If a hold has been placed on deposits made to an Account from which you wish to transfer funds or there are not sufficient funds in the Account, you may not transfer the portion of the funds held until the hold expires or until sufficient funds exist in the account to make the transfer. You may call us at 610.366.1800 or toll-free at 888.366.6622 to verify whether a transfer has occurred. Other than (i) being able to print a receipt for the transfer, (ii) viewing your account activity online and seeing the effect of the transfer on your account(s), and (iii) being furnished a monthly account statement reflecting transfer activity, we will not otherwise provide written or oral notice of transfers involving your Accounts. The Bank reserves the right to limit the frequency and dollar amount of transactions from your Activated Accounts for any reason, including security reasons.
  14. Review the history of past transactions on your Accounts for up to two (2) years. You should review transactional information at least once every thirty (30) days to assure the accuracy of your bank records. You will have access to transaction history information when you click on the Transaction Navigation button on the left-hand side of your screen. You will click on the RESEARCH button at the top of the Transactions Screen to access the Research screen. This screen will allow you to research transaction detail between a start and end date.
  15. Send e-mail messages to us. Public e-mail services are not considered secure by the Bank. As a convenience, in order for you to direct questions about your Account(s) to our Customer Service Department, and to provide general feedback, the Bank provides a means to send us a secured e-mail Message, by accessing Mail Box Services. Our Mail Box Service is accessible after you sign on to pcbanker using your Sign-On ID and Password. You cannot use Mail Box Services to initiate transactions on your Account(s). For banking transactions, please use the appropriate functions within pcbanker. The Bank may not immediately retrieve the Mail Box message that you send. Therefore, you should not rely on Mail Box Services if you need to communicate with the Bank immediately – for example, if you need to stop payment on a check, to report a lost or stolen card, or to report an unauthorized transaction from one of your Accounts. The Bank will not take action based on your Mail Box Service requests until it actually receives your message and has a reasonable opportunity to act upon your request.
  16. Set-up Personal and Financial Alerts - pcbanker’s Alert Service enables you to receive notices from time to time concerning certain transaction information and other information relating to your American Bank deposit and loan account(s) which are eligible for the service. As part of the enrollment process, you may select the type of Alert (financial or personal) you wish to receive, and the method of delivery of the alert for your eligible accounts. By your use of the pcbanker Alert Service you acknowledge that you are aware of and agree to abide by the following terms and conditions:

    The pcbanker Alert Service allows you to request and receive electronic mail (“e-mail” or “secure message”) about your accounts with American Bank that are eligible for the service. E-mail may be sent to either your home or work e-mail address you have provided. If you change your e-mail address, you are responsible for informing us of the change. A secure message will be sent to the mailbox within pcbanker where you can access it. We send Alerts to you based upon the instructions you provide us. Changes to your instructions must be received and recorded by American Bank before they will become effective. You understand and agree that e-mail Alerts are sent to you without being encrypted. Because of this, we will never include your passcode or full account number. However, alerts may include your name and information pertaining to your American Bank account(s). You should be equally vigilant in your Personal Alerts and we recommend that you never include your passcode and full account number because your security may be compromised. Anyone with access to your e-mail will be able to view the contents of these alerts.

    You authorize American Bank to deliver information either to your Mailbox within pcbanker or the e-mail address you provide us, even though a person not an owner on your account may access the message (such as someone who can open your e-mails).

    You acknowledge and agree that your receipt of any Alert may be delayed or prevented by factor(s) affecting your communications service provider(s) and other factors outside of our control. Usually, Personal and Financial Alerts are sent after American Bank’s business hours; however, financial alerts may be triggered when you sign on to view your account information. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree that neither American Bank, nor its directors, officers, employees and agents shall be liable for losses in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; (c) your reliance on or use of the information provided in an Alert for any purpose; or (d) for any actions taken or not taken by you or any third party in reliance of an alert.

    American Bank provides the pcbanker Alert Service as a convenience to you for information purposes only. The pcbanker Alert Service does not constitute a bank record for the account for which it pertains. American Bank reserves the right to terminate the pcbanker Alert Service at any time without prior notice to you. American Bank also reserve the right to begin charging a fee for the service after providing to you notice of the fee. Nothing contained herein shall amend, supersede or nullify anything contained in any other agreement you have made with American Bank. We may add new alerts from time to time, or eliminate existing Alerts. If you have opted to receive an Alert that is to be eliminated, we will notify you of the cancellation of an alert or other discontinuance of the service at least 30 days in advance. You agree that we may provide all notifications concerning changes to the service by electronic means, which may include posting any changes on our web site.
  17. New Services. The Bank may, from time to time, introduce new Online services. We will notify you of any new services. By using these services when they become available, you agree to be bound by the rules communicated to you concerning these services.
  18. Special limitations. Some of the services and activities that you may perform through the pcbanker service may be limited to certain types of customers and accounts, as well as to the extent noted below and in the agreements governing your various Accounts with us. Your ability to transfer funds from savings and money market deposit accounts or line of credit accounts using the pcbanker service are subject to the limitations described in the applicable Account agreements. You should refer to these agreements for restrictions and service charges.
B. Additional Information about the pcbanker service.

  1. Account Access. To use the pcbanker service, your Accounts must be linked to the pcbanker service. You may transfer funds through the pcbanker service in any amount of available collected funds between your eligible Accounts. We deduct the amount of your fund transfer from your Accounts on the date you instruct us to process it. We reserve the right to restrict and/or deny online banking access privileges at any time and/or to restrict online banking access within any country outside of the United States or any high risk IP address, regardless of location. Additionally, we may refuse to act on your fund transfer instruction if sufficient collected funds, including funds available under any overdraft plan, are not available in your Account on the date you want us to transfer funds. We are under no obligation to monitor transactions through the pcbanker service to determine that they are made on your behalf.
  2. Fees. The Bank does not currently charge monthly or transaction fees for accessing your Account(s) through pcbanker. We reserve the right to impose or change fees for electronic delivery and charge your deposit account for these fees at any time after providing such notice to you as may be required by law or regulation. Please note that fees for Internet access may be assessed by your Online service provider.
C. Security Procedures.

  1. In General. As a part of the security procedures the Bank has established in connection with the pcbanker service, and to access and use any Account that you enroll, following the Bank’s review and approval of your enrollment request, the Bank will e-mail to you your Sign-On ID at the e-mail address you provide us and will send under separate cover by U.S. Mail your initial Password that will give you access to your Accounts attached to pcbanker. The first time that you sign on using the Sign-On ID and the temporary Password provided by the Bank you will be required to change your Password. At any time that you choose, you may change your Password using the Options button, and you may change your Password as frequently as you choose. YOU ARE RESPONSIBLE FOR KEEPING YOUR SIGN-ON ID, PASSWORD, ACCOUNT NUMBERS AND OTHER ACCOUNT DATA CONFIDENTIAL. For security purposes, it is recommended that you memorize your Sign-On ID, and your Password. Do not write them down. You agree that you will create a unique Password and for security purposes acknowledge that you will not be permitted to utilize your Sign-On ID as your Password, or the word ‘Password’. You agree that you will not, under any circumstances, disclose your Password to anyone, including anyone claiming to represent the Bank. You acknowledge that no one from the Bank will ever ask you for your Password, and that Bank employees do not need your Password for any reason. As an additional aspect of these security procedures, you agree that the Bank is entitled to act upon instructions the Bank receives with respect to any pcbanker service transaction under your Sign-On ID and Password (taken together your “PIN"). You are liable for all transactions made or authorized with the use of your PIN (except as your liability may be limited by law). The Bank has no responsibility for establishing the identity of any person who uses your PIN. You agree that if you give your PIN to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your PIN will have access to your accounts. You agree that the PIN is a commercially reasonable security procedure and that for security purposes you will keep your PIN in a secure location and will only provide your PIN to those persons authorized to access the pcbanker service. You also agree to establish and maintain all reasonable precautions to ensure the security of your PIN so that no one else learns your PIN except for persons you authorize to access the pcbanker service. You understand and agree that any person having access to your pcbanker service Sign-On ID and Password will be able to access your pcbanker service and perform all transactions, including reviewing Account information and making transfers to other Accounts and to other persons, and that you will be responsible for all such activity (except as your liability may be limited by law). Finally, as a part of the Bank’s Security Procedures, you agree that you will not: (I) give out your Account information or PIN other than as provided in this Access Agreement; (ii) leave your PC unattended while you are using the Bank's pcbanker service; (iii) leave your Account information within range of others; and (iv) send privileged Account information (Account number, Password, Sign-On ID, etc.) in any public or general e-mail system. By executing this Access Agreement, you acknowledge that you have examined these Security Procedures and agree that these Security Procedures provide adequate protection to prevent unauthorized transactions from being made and that these Security Procedures are commercially reasonable. You agree to be bound by and settle for any and all transactions issued in your name in accordance and in compliance with these Security Procedures. The Bank reserves the right to amend these Security Procedures from time to time with or without notice to you. You agree to keep these Security Procedures confidential and prevent disclosure of these Security Procedures to any third parties. You agree to indemnify, defend all claims, and hold us harmless from any loss, damages, or expenses, including but not limited to attorney's fees, caused by you.
  2. Multi-Factor Authentication.

    To heighten the Bank’s general security procedures outlined above in order to safeguard all transactions you make to your Accounts through pcbanker, we are requiring that you choose an additional form of authentication, which consists of either a series of Challenge Questions, or the pcbanker SecurID Token. You must choose one of these options. If you fail to do so, you will be denied access through pcbanker to your accounts until you do so. This additional authentication enhancement to our security procedures is comprised of two components, the first being your same Sign-On ID and Password (taken together your “PIN”) as described above, and the second being the use of the Challenge Questions or the issuance to you of a pcbanker SecurID Token. With the implementation of multi-factor authentication, you may be unable to utilize account aggregation services. All pcbanker users shall be subject to these new security procedures over a staged period of implementation.

    (1) Challenge Questions. Multiple pre-chosen Challenge Questions will be displayed. Challenge Questions will be chosen by you from a list of questions, for which you will be required to provide the correct answer to a minimum of five (5) questions. As part of the sign-on procedure, with entry by you of your unique Sign-On ID and Password, one or more randomly selected Challenge Questions will be displayed each time you sign-on to pcbanker. If you elect to utilize a pcbanker SecurID Token, as referenced below, to access your accounts, the Challenge Question prompt will be suppressed.

    • To Enroll for the Challenge Questions – If you have not elected to utilize the pcbanker SecurID Token, the first time you enter your unique Sign-On ID and Password you will be asked to enter a full account number that you utilize on pcbanker and will be prompted to choose, and provide correct answers to, a minimum of five (5) questions from a predetermined list of questions. You are responsible for keeping your Challenge Question answers confidential. Subsequent sign-ons will require entry of your unique Sign-On ID and Password. Upon successful entry, one or more randomly selected Challenge Questions will be presented.
    • How to discontinue Challenge Questions and enroll for pcbanker SecurID Token? - Once you’ve applied for, received and activated your pcbanker SecurID Token, you will no longer be prompted to answer Challenge Questions. See below for instructions on how to enroll for a pcbanker SecurID Token.
    • What happens if I don’t remember the answer to a Challenge Question? - For security purposes, after a certain number of attempts, you will be denied access and instructed to contact Customer Service at 888.366.6622. Customer Service will require that you provide your full Account # and ask you a series of questions to authenticate you. Upon authentication, your Challenge Question will be reset. Customer Service personnel DO NOT have access to the answers to your Challenge Questions.
    • How can I change my Challenge Questions and/or Answers? - To change an answer to a Challenge Question or remove a Challenge Question, you must delete that question. This change can be made after you have met the sign-on requirements by choosing ‘Options’, and then ‘Challenge Questions’. In order to make a change, you will be required to enter your current pcbanker password. Upon successfully entering your pcbanker password, a list of your existing questions will be displayed. You may remove one or more questions from your list. Upon your very next successful sign-on to pcbanker, if you have fewer than the minimum of five (5) questions answered, you will be required to answer additional questions until you have at least five answered.
    • Can I add additional Challenge Questions? - For additional security, you can choose to answer additional Challenge Questions in excess of the required minimum of five (5). You can add additional Challenge Questions after you have met the sign-on requirements by choosing ‘Options’, and the ‘Challenge Questions’. In order to make a change, you will be required to enter your current pcbanker password. Upon successfully entering your pcbanker password, a list of your existing questions will be displayed.

    (2) pcbanker SecurID Token. This is the preferred method of authentication, as it provides the utmost in online security. This method requires the issuance of a pcbanker SecurID Token to you. If you utilize account aggregation services, you will be unable to use a pcbanker SecurID Token. As part of the sign-on procedure, with the entry by you of your unique Sign-On ID and Password, followed immediately by entry of the associated pcbanker SecurID Token’s randomly generated unique digital numerical display, you prove you are in possession of the correct pcbanker SecurID Token and can then access your Accounts through pcbanker. As a pcbanker SecurID Token user, you will not be required to periodically change your pcbanker password. If you elect to utilize Challenge Questions to access your accounts, pcbanker SecurID Token will not be required.

    • To Enroll for a pcbanker SecurID Token - If you choose to utilize a pcbanker SecurID Token, after you have successfully met the sign-on requirements, you must complete and submit a short enrollment form or if you had previously chosen the ‘Challenge Question’ option, when signing on to view your accounts and by choosing ‘Other Services’, then ‘Request Token’. Once your request form is submitted to us, the Bank will process your request and send to you via U.S. Mail your pcbanker SecurID Token, along with instructions for using your pcbanker SecurID Token. Once you have requested a pcbanker SecurID Token be issued, you will be required to utilize the pcbanker SecurID Token as a part of your online banking sign-on procedure in order to access your Accounts through pcbanker within 10 (ten) days of registration. A Token is associated with your Sign-On ID. No more than one Token will be issued at any one time per Sign-On ID. There is no charge for the initial pcbanker SecurID Token.
    • To Report a Malfunctioning Token - If your pcbanker SecurID Token malfunctions, you should contact Customer Service at 888.366.6622 or you may visit us in person to request a replacement. Upon your request we will send you a replacement Token via overnight delivery whenever possible, unless you instruct us to send the replacement Token by U.S. Mail or if requesting in person the pcbanker Secure-ID Token will be provided to you at that time. When sending by overnight delivery we will attempt to deliver the pcbanker SecurID Token to you within 24 hours when your request is received by 2:00 p.m., ET. Malfunctioning pcbanker SecurID Tokens must be returned to the Bank within thirty (30) days or you will be assessed a fee in accordance with the Bank’s Fee Schedule, as may change from time to time.
    • To Report a Lost, Stolen or Damaged Token - If your pcbanker SecurID Token is lost, stolen or damaged, you should immediately report this to Customer Service at 888.366.6622 or in person. When a pcbanker SecurID Token is lost, stolen or damaged, your existing pcbanker SecurID Token will be inactivated and a new pcbanker SecurID Token associated with your Sign-On ID and Password will be issued. Upon your request we will send you a replacement Token via overnight delivery whenever possible, unless you instruct us to send the replacement Token by U.S. Mail, or if requesting in person the pcbanker Secure-ID Token will be provided to you at that time. When sending by overnight delivery we will attempt to deliver the pcbanker SecurID Token to you within 24 hours when your request is received by 2:00 p.m., ET. You will be charged a fee for a pcbanker SecurID Token due to being lost, stolen or damaged in accordance with the Bank’s Fee Schedule, as it may change from time to time.
    • How to Cancel a Token - Once you enroll for a pcbanker SecurID Token, this service may be disabled if you notify us. Notice can be given: 1) in writing to American Bank, Attention: Customer Service, 4029 W. Tilghman Street, Allentown, PA 18104; 2) by fax to 610.289.3326; 3) by completing the ‘pcbanker SecurID Token Service Request Form’ under ‘Other Services’; or 4) by sending a ‘Secure Message’ through the Mail Box function upon signing on to pcbanker to view your accounts. pcbanker SecurID Tokens are the property of American Bank. pcbanker SecurID Tokens previously issued must be promptly returned to the Bank by U.S. Mail to: American Bank, Attention: Customer Service, 4029 W. Tilghman Street, Allentown, PA 18104. pcbanker SecurID Tokens not returned within thirty (30) days will be subject to applicable fees in accordance with the Bank’s Fee Schedule, as it may change from time to time. Any fees assessed will be debited from an Account. American Bank reserves the right to charge any Account for which you are an owner, now or in the future. After a Token has been cancelled, upon the next successful sign-on you will be required to choose a multi-factor authentication method, which consists of either a series of Challenge Questions, or the pcbanker SecurID Token.
    • Request an Emergency Token Number - In the event that your pcbanker SecurID Token is lost, stolen, damaged, malfunctions or is cancelled and you require access to your Online Account information, you may request an “Emergency Token Number” by calling Customer Service at 888.366.6622 or in person. Upon verification and authentication an Emergency Token Number (up to 2) will be issued. The Emergency Token Number along with your Sign-On ID and Password, can be utilized one time within 24 hours of issuance to access your Account through pcbanker while your replacement pcbanker SecurID Token request is in process.
    • Requirement to Return a Token to American Bank - You will be responsible to return your pcbanker SecurID Token to American Bank if one of the following situations occur: (i) you decide to discontinue using a pcbanker SecurID Token; (ii) your Account(s) at American Bank is/are closed; or (iii) a pcbanker SecurID Token’s battery fails or there is a malfunction. You will be charged a fee in accordance with the Bank’s Fee Schedule, as it may change from time to time, for any pcbanker SecurID Token not returned to us. pcbanker SecurID Tokens not returned within thirty (30) days will be subject to applicable fees in accordance with the Bank’s Fee Schedule, as it may change from time to time.
IV. Reporting Unauthorized Transactions.

A. Your Liability for Unauthorized Transfers. You should notify us immediately if you believe your PIN and/or pcbanker SecurID Token or any of your answers to your Challenge Questions have been lost or stolen or that someone has transferred or may transfer money from your Account through the pcbanker service without your permission or if you suspect any fraudulent activity through the pcbanker service on your Account. The quickest way to notify us is by telephone at 888.366.6622 or you may also notify us by: 1) sending a ‘Secure Message’ through the Mail Box function within pcbanker; 2) fax to 610.289.3326, Attn: Customer Service; or 3) write American Bank at 4029 West Tilghman Street, Allentown, PA 18104.

If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend the period.

B. Errors and Questions. In case of errors or questions about your electronic transfers through the pcbanker service, call or write us at the telephone number or address shown below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.
  4. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days, (5 business days for point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) after we hear from you. We will then correct any error promptly. If we need more time, however, we may take up to 45 calendar days, (90 days if the transfer involved a new account, a point-of-sale transaction or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days, (5 business days for point-of-sale transactions processed by Visa and 20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not credit your account. We may withhold provisional credit for point-of-sale transactions, to the extent allowed under applicable law, if the delay is warranted by the circumstances or your account history. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results of our investigation 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 that we used in our investigation.

American Bank
4029 W. Tilghman Street
Allentown, PA 18104
Attention: Customer Service

Business Days: Monday through Friday, excluding federal holidays
8:00 a.m. to 5:00 p.m. (ET)

V. Parties' Responsibilities.

A. Responsibilities of the Customer. Throughout the life of this Access Agreement, you will have the following responsibilities:

You must notify the Bank in writing within 60 days after account statements are made available of any errors, discrepancies or unauthorized transactions occurring through the pcbanker service. If you fail to do so, the Bank will not be liable for resulting debits or charges to the account. You agree that any suit brought based on an account error, discrepancy or unauthorized transaction must be brought within one year after the date of the first account statement on which the error, discrepancy or unauthorized transaction appears.

Except as otherwise provided by law, you are liable for all transactions made or authorized with the use of your Sign-On ID and Password and pcbanker SecurID Token or Challenge Questions. The Bank has no responsibility for establishing the identity of any person who uses your Password and pcbanker SecurID Token or provides answers to your Challenge Questions. You agree that if you give your Password and pcbanker SecurID Token or answers to your Challenge Questions to anyone, or fail to safeguard its secrecy, you do so at your own risk since anyone with your Password and/or pcbanker SecurID Token or answers to your Challenge Questions will have access to your accounts. You agree that if you have knowledge that the secrecy of your Password and/or possession of your pcbanker SecurID Token or answers to your Challenge Questions have been compromised, you will immediately notify the Bank of that knowledge, and will immediately change your Password. Each person on a joint account will be liable for all transactions that are made on that account by all other joint holders of the account.

By directing the Bank, through the use of any pcbanker service initiated with your Sign-On ID and Password and pcbanker SecurID Token or Challenge Questions, to transfer funds or make a payment of any kind, you authorize the Bank to withdraw from any designated account the amount of funds required to complete the transaction. Requests for new account services, instructions to change existing account information or services, and other communications received by the Bank through the Internet shall constitute legal endorsements, and shall have the same force and effect as a writing signed by you.

B. Our Responsibilities. If we do not complete a transfer to or from your Account (or cancel a transfer properly requested) according to our agreement with you, we are liable for your losses or damages. There are some exceptions to our liability for processing transactions on your Accounts.

  1. Exceptions to Liability. We will not be liable, for instance (i) if, through no fault of ours, you do not have enough money in the form of collected funds in your Account to make a transfer or whether due to inadvertence, error caused by similarity of account holder names or any other mistake as long as the Bank acted in good faith (including lost savings or profit, lost date, business interruption, or attorneys’ fees); (ii) If the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account, or a legal order directs us to prohibit withdrawals from your Account; (iii) Your Account is closed or frozen; (iv) The transfer would cause your balance to go over the limit for any applicable credit arrangement including those to cover overdrafts; (v) You, or anyone you allow or acting on your behalf, commits any fraud or violates any applicable law or regulation; (vi) Your equipment or Internet access was not working properly; (vii) Your Internet service is interrupted (e.g., due to traffic or other disruptions); (viii) You have not properly followed the instructions for using the pcbanker service; (ix) The transfer could not be made or completed due to system unavailability; (x) if circumstances beyond our control (such as interruption of telephone service or telecommunication facilities, or natural disaster such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken; (xi) if you have not properly followed the instructions for using the pcbanker service; (xii) if you have not provided us with complete and correct payment information, including without limitation, the name, address, account number and payment amount for the recipient of a wire transfer; or (xiii) any other exceptions stated in any of our agreements with you. To the extent permitted by applicable law, we will not be responsible for any error, damage or other loss caused by any service provider.
  2. Limitations on Our Liability. You agree that we shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from the failure of any person to provide you with access to our pcbanker Service, whether caused by the equipment, software, the Bank, Internet service providers, Internet browsers, or the parties providing communication services to or from us to you. We will not be responsible for any loss, delay, cost or liability which arises, directly or indirectly, in whole or in part, from: (i) your actions or omissions, or those of third parties which are not within our immediate and reasonable control; (ii) your negligence or breach of any agreement with us; (iii) any ambiguity, inaccuracy or omission in any instruction or information provided to us; (iv) the application of any government or funds transfer system rule, guideline, policy or regulation; or (v) our inability to confirm to our satisfaction the authority of any person to act on your behalf. We are not liable for war, acts of government that may restrict or impair use of the pcbanker service, hurricanes, floods or other disasters, nor shall we be responsible for any direct, indirect, special or consequential, economic or other damages relating in any way to the foregoing. Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty, even if we were aware of the possibility that such damages might arise.
VI. Termination. Your pcbanker service will remain in effect until terminated by you or us. You may cancel your pcbanker service at any time by notifying us, in writing, at American Bank at 4029 West Tilghman Street, Allentown, PA 18104, of your intent to cancel your pcbanker service. This cancellation applies only to your pcbanker service and does not terminate your other relationships with us. We may terminate this Access Agreement, and immediately either refuse to provide, or revoke access to, the pcbanker service at anytime with or without cause or prior notice. Neither termination or discontinuation of your access to our online banking service, pcbanker, shall affect your liability or obligation under this Access Agreement. You agree that the Bank has the right to terminate your participation in the pcbanker service at any time, and for any reason, including, but not limited to, inactivity in or closure of your account with the Bank. This Access Agreement shall be deemed null and void upon the closing of an Account or if your access to online banking services established through the pcbanker service is terminated for any reason, and all online banking services established for and available to such Accounts shall be immediately terminated.

VII. Changes in Terms and Other Amendments. This Access Agreement is subject to all applicable laws and regulations, recognized banking customs, the Bank’s fee schedule in effect at the time an online banking service is used, and other requirements as set forth in the ”Important Information About Your Account”, available at the branch office or by telephone at 888.366.6622, or the “General Deposit Account Disclosures & Online Banking Disclosures" available online, as amended from time to time. A request for fund transfers will be accepted as specified in that portion of the Account Agreement titled "Electronic Fund Transfers Disclosure". We may amend this Access Agreement (including changes in fees and charges) at any time. If the change would result in increased fees for any pcbanker service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice of the change as applicable law requires. If advance notice of the change is not required, and disclosure does not jeopardize the security of your Account or our pcbanker service, we may notify you of the change in terms by mail, email or by posting a notice on our Bank website. If you wish to decline to be bound by the changes, you should terminate the Account or discontinue the pcbanker service to which the change relates; otherwise you will be deemed to have accepted and agreed to the change. Your continued use of the pcbanker service after our change of terms constitutes your agreement to the amendment(s). The terms of your other account agreements shall continue to apply.

VIII. Other Provisions.

A. Ownership of Website. The content, information and offers on our website are copyrighted by American Bank and the unauthorized use, reproduction, linking or distribution of any portions is strictly prohibited.

B. E-Mail. If you e-mail us or ask us to reply to you via e-mail, you agree to hold us harmless from any consequences, including financial loss, resulting from any unauthorized use or disclosure of your Account or personal information resulting from e-mail. We are not required to act on any e-mail received and are not responsible for misdirected or lost e-mails. Standard e-mail is not a secure method of communication.

C. Governing Law. This Access Agreement and your Accounts and services provided to you by the Bank, to the extent not governed by Federal law and regulations, are governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law provisions. Your existing Account relationships shall continue to be governed by and construed in accordance with the laws as disclosed in such Account agreements.

D. Scope of Agreement. This Access Agreement represents our complete agreement with you relating to our provision of the pcbanker service. No other statement, oral or written, including language contained in our website, unless otherwise noted, is part of this Access Agreement.

E. Assignment and Delegation. This Access Agreement may not be assigned by you. This Access Agreement is binding upon your successors and heirs and the Bank's successors and assigns. The Bank may assign the rights and delegate the duties under this Access Agreement to any entity directly or indirectly affiliated with the Bank now or in the future or to any third parties that perform services on its behalf. Certain of the obligations of the parties pursuant to this Access Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Access Agreement shall survive termination, cancellation or expiration of this Access Agreement.

F. Headings. The headings of the paragraphs of this Access Agreement are for convenience and reference and shall not affect its construction or interpretation.

G. Indemnification. You agree to hold us harmless and indemnify us against any claims, losses, or expenses, including but not limited to attorney's fees, incurred, either directly or indirectly, by us as the result of any pcbanker service that we provide to you pursuant to this Access Agreement. Further, you agree to indemnify and release the Bank from any and all liability, and agree not to make any claim against the Bank or bring any action against the Bank, relating to its honoring or allowing any actions or transactions that were conducted under your Sign-On ID or Password and pcbanker SecurID Token or Challenge Questions.

H. Severability. The holding of any provision of this Access Agreement as invalid, illegal, or unenforceable, in whole or in part, shall not affect the other provisions of this Access Agreement, which shall remain in full force and effect.

I. Waiver. No waiver by the Bank (whether or not in writing) of any term, condition, or obligation of Customer shall bind the Bank to waive that same term, condition, or obligation again, nor shall any other provision, condition, term, or obligation hereof be affected by such waiver.

07.09


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