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Please note that American Bank has made important changes to the pcbanker Online Business Banking 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 Business Banking 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 signing the
pcbanker Online Business Banking Application and Internet Banking Resolution ("Application"), 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 business checking, money market, savings, certificate of deposit or loan account that you have with us for business,
commercial or agricultural use.
“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 Administrator” means an individual that has signing authority on accounts and has been designated as the primary individual
responsible for granting additional authority to other Users.
"Account Agreement" means this Access Agreement and all other agreements between you and us that govern the use of your Activated Account,
including, but not limited to, any deposit account agreement, any funds availability agreement, automated clearing house, sweep or wire
transfer agreement or disclosure, line of credit agreement, credit card agreement and our schedule of fees and charges.
“Administrator” means the Account Administrator or any other users that the Account Administrator designated to “Manage Users, Reports,
Accounts or Company”.
"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.
“Fedwire” means the funds transfer system owned and operated by the Federal Reserve Banks that is used primarily for transmission and
settlement of payment orders governed by the Fedwire Regulation and applicable operating circulars.
“Fedwire Regulation” means subpart B of Regulation J of the Board of Governors of the Federal Reserve System, as amended from time to
time.
"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.
“User” means an authorized individual that has been granted access rights by the Account Administrator or Administrator.
"You" and "your" mean each owner on an account enrolled under this Access Agreement. "You" also means your pcbanker Online Account
Administrator(s) and all Users to whom you have delegated pcbanker online authority.
"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. You must
complete the Internet Banking Resolution, have all authorized signers sign complete and sign an Application Form, and allow us a reasonable
time to process your application. To maintain the pcbanker service with us, you must pay any required fee and all other fees
described in our Fee Schedule. You agree that we may deduct all applicable fees for the pcbanker service directly from your Account
as such fees become due and payable. 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). In order to have
access to your account under this Access Agreement, you must also be operating as an established business. You must have a Taxpayer
Identification Number (TIN). The TIN must be your Employer Identification Number (EIN) if you are a corporation, limited liability company or
partnership, or your EIN or Social Security Number (SSN) if you are a sole proprietorship. You will be notified when your account has been
set up as an Activated Account.
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. We are not liable under this Access Agreement for failure to provide
access due to a system failure or due to other unforeseen acts. 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. Finally, we 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 all of your Accounts at the Bank through the pcbanker service. You must
provide us with the account numbers of the Accounts you wish to access on the Bank's Application Form or by the “Add Account” option within
pcbanker in order to access them. We will provide you with instructions on how to set up the pcbanker service. These
instructions are incorporated herein by reference and constitute part of this Access Agreement.
D. Equipment Requirements. To use the pcbanker service, you need a computer, an Internet connection with Broadband or
modem (at least 28,800 baud) access through an Internet Service Provider, 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, 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.
- 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.
- 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:
- Obtain Account Balances.
- Request a Stop Payment.
- Initiate a Loan Payment
- Obtain ACH Services. (separate agreement required)
- Originate Wire Transfers. (separate agreement required)
- Obtain Reports.
- Manage Users.
- View and Print Check Images.
- Download to Quicken or Microsoft Money.
- Make transfers between eligible Accounts that you have with us. You may initiate transfers of funds between designated Accounts at the Bank.
Online real time transfers between eligible 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., 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 a November 11 and the next transfer will occur on December 31).
You may make no 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.
- 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 your Research screen. This screen will allow you to research transaction detail between a start and end date.
- 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.
- Set-up Personal and Financial Alerts - pcbanker’s Alert Service enables the Administrator and any Users 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 reserves 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.
- 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.
- 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 money market or savings 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.
- Account Access. To use the pcbanker service, you must first link your Accounts with us 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. Access
to your accounts through the pcbanker service will be based upon the identification of users and authority levels specified by you in
your Enrollment Form or by changes made by users with Account Administrator privileges.
C. Security Procedures.
- In General. As a part of the security procedures we have established in connection with the pcbanker service, and
to access and use any Account that you enroll, your business must initially designate an authorized signer on the Account as the Online
Account Administrator (the "Account Administrator"). The Account Administrator is responsible for all activities involving your enrolled
Accounts. The Account Administrator may choose to add or delete accounts from the online agreement and the Account Administrator may authorize other staff members to access or manage such Accounts as your agent. The Account
Administrator alone will determine the administrative rights for individual staff members which may include permission to perform any one, or
any combination of the activities and services that can be accomplished with pcbanker. As an additional part of our security
procedures, following our 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 along with an “Online Account Administrator Guide” 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. The Bank reserves the right to terminate your
registration at any time. 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 agree to instruct your Account Administrator and all Users to whom PINs have been issued about these security
procedures. 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. Finally, as a part of our 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 other than your designated Authorized
Representatives. 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, your Authorized Representatives, your employees, or your agents' failure to keep these Security
Procedures confidential and secure.
- 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. 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.
The Administrator may request that each User be required to utilize a pcbanker SecurID Token. If the Administrator does not request a
pcbanker SecurID Token for a User, Challenge Questions will be the default form of Multi-Factor Authentication for all Users. For
security purposes, the Account Administrator will be required to utilize a pcbanker SecurID Token. In addition, all other
Administrators or other Users that have ACH and/or Wire privileges will be required to utilize a pcbanker SecurID Token. The original
Account Administrator will be issued a pcbanker SecurID Token at no charge. All other pcbanker SecurID Tokens will be assessed
a charge, pursuant to the Bank’s Fee Schedule as it may change from time to time. The Account Administrator and Administrator will be
responsible for requesting a pcbanker SecurID Token for all other Users that have ACH and/or Wire privileges, pursuant to the Bank’s
Fee Schedule as it may change from time to time. If a pcbanker SecurID Token is not assigned, access will be denied through
pcbanker until a pcbanker SecurID Token is assigned.
With the implementation of Multi-Factor Authentication, you may be unable to utilize account aggregation services.
(1) Challenge Questions. Multiple pre-chosen Challenge Questions will be displayed. Challenge Questions will be chosen by the User
from a list of questions, for which the User 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 the User of their unique Sign-On ID and Password, one or more randomly selected Challenge Questions will
be displayed each time they sign-on to pcbanker.
- To enroll for the Challenge Questions – If the Administrator has not elected for the Account User to utilize the pcbanker
SecurID Token then the first time the User enters their unique Sign-On ID and Password they will be prompted to choose, and provide correct
answers to a minimum of five (5) questions from a predetermined list of questions. The User is responsible for keeping their Challenge
Question answers confidential. Subsequent sign-ons will require entry of their 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 - The Account Administrator or Administrator
is responsible for requesting a pcbanker SecurID Token for additional Users. The pcbanker SecurID Token will be sent to the
Account Administrator. The Account Administrator will be responsible to properly distribute the pcbanker SecurID Token. Once the
additional Administrator or User has received and activated the pcbanker SecurID Token, they 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, the User will be denied access. Users should contact their primary Account
Administrator. The primary Account Administrator should contact Customer Service at 888.366.6622. Customer Service will require that you
provide your full Account #, the Sign-On ID and will ask the primary Account Administrator a series of questions for authentication purposes.
Upon authentication, the Users Challenge Question will be reset. Customer Service personnel DO NOT have access to the answers to the
Challenge Questions and can only accept authorizations to reset Challenge Questions from the primary Account Administrator.
- How can Challenge Questions and/or Answers be Changed? - To change an answer to a Challenge Question or remove a Challenge
Question, the User must delete that question. This change can be made after the User has 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 the pcbanker password, a list of the Users existing questions will be displayed. The User may remove one or
more questions from the list. Upon the Users very next successful sign-on to pcbanker, if there are fewer than the minimum of five (5)
questions answered, the User will be required to answer additional questions until at least five have been answered.
- Can additional Challenge Questions be Added? - For additional security, the User can choose to answer additional Challenge
Questions in excess of the required minimum of five (5). Additional Challenge Questions can be added after the User has met the sign-on
requirements by choosing “Options”, and the “Challenge Questions”.
(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 or your Users. As part of the sign-on procedure, with the entry
by the Administrator or User of the unique Sign-On ID and Password followed immediately by entry of the associated pcbanker SecurID
Token’s randomly generated unique digital numerical display, such person proves they 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 Users use Challenge Questions to access your accounts, the pcbanker SecurID
Token will not be required.
When using the pcbanker SecurID Token, you will be unable to utilize account aggregation services.
- Enroll for a pcbanker SecurID Token - In order to use a pcbanker SecurID Token, the Administrator must complete and
submit a short enrollment form available from us by choosing “Other Services”, then “Request Token” after signing on to pcbanker.
Once the enrollment form is submitted to us, we will process your request and send to you via U.S. Mail your Token(s) along with instructions
for using the pcbanker SecurID Token.
The Administrator will be responsible for obtaining pcbanker SecurID Tokens for each User that the Account Administrator has
authorized to access or manage your Accounts as your agent, and to whom the Administrator has assigned a Sign-On ID and Password. After the
Administrator has successfully met the sign-on requirements, the Administrator must complete and submit a short enrollment form by choosing
“Other Services”, then “Request Token”. Once the enrollment form is submitted to us, the Bank will process the request and send to the
primary Account Administrator via U.S. Mail the requested pcbanker SecurID Token(s), along with instructions for using your
pcbanker SecurID Token. Once the Administrator has requested a pcbanker SecurID Token be issued, the User will be required to
utilize the pcbanker SecurID Token as a part of their online banking sign-on procedure in order to access your Accounts through
pcbanker within 10 (ten) days of registration. A pcbanker SecurID Token is associated with your Sign-On ID. Under most
circumstances, no more than one pcbanker SecurID Token will be issued at any one time per Sign-On ID.
- Is there a charge assessed for a pcbanker SecurID Token? - The Account Administrator will be eligible to utilize one
pcbanker SecurID Token free of charge. Each additional pcbanker SecurID Token request will be assessed a Token charge,
according to the Bank’s fee schedule, as it may change from time to time. pcbanker SecurID Token charges are non-refundable.
- Report a Malfunctioning Token - If a pcbanker SecurID Token malfunctions, the primary Account Administrator should
immediately contact Customer Service at 888.366.6622 or visit us in person to request a replacement. Upon notification, 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 may be assessed a fee, in accordance with the
Bank’s Fee Schedule, as may change from time to time.
- Report a Lost, Stolen or Damaged Token - If a pcbanker SecurID Token is lost, stolen or damaged, the Account Administrator
should immediately report this to Customer Service at 888.366.6622 or request in person to inactivate your Token. When a pcbanker
SecurID Token is lost, stolen or damaged, the existing pcbanker SecurID Token will be inactivated and a new pcbanker SecurID
Token associated with the Sign-On ID and Password will be issued. Upon your request we will send the Account Administrator a replacement
pcbanker SecurID Token via overnight delivery whenever possible, unless you instruct us to send the replacement pcbanker
SecurID 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 pcbanker SecurID Tokens replaced due to being lost, stolen or damaged in accordance with
the Bank’s Fee Schedule, as it may change from time to time.
- Cancel a Token - Once a User is enrolled for a pcbanker SecurID Token, this service may be disabled if your Administrator
notifies us. Notice can be given by completing the “Business pcbanker SecurID Token Service Request Form”, under “Other Services” or
by any other means acceptable to the Bank.
An Administrator may request to transfer the usage of a pcbanker SecurID Token from one user to another user when requested by
completing the “Business pcbanker SecurID Token Service Request Form” under “Other Services” indicating to cancel and add the
appropriate users, along with additional instructions to re-assign the pcbanker SecurID Token or other methods deemed acceptable by
the Bank.
- Request an Emergency Token Number - In the event that a pcbanker SecurID Token is lost, stolen, damaged, malfunctions or is
cancelled and the User requires access to your online account information, only the Account Administrator may request an “Emergency Token
Number” by calling Customer Service at 888.366.6622, by sending a “Secure Message” through the Mail Box function or by visiting us in person.
Upon verification and authentication, an Emergency Token Number (up to 2) will be issued to your Account Administrator only, either in
person, by telephone or by sending a “Secure Message” through the Mail Box function. 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.
- Return a Token to American Bank - pcbanker SecurID Tokens are the property of American Bank. It will be your
responsibility to return the token if: (i) you decide to discontinue using a Token; (ii) your Account(s) at American Bank is/are closed; or
(iii) a Token's battery fails or there is a malfunction. 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 you have purchased are not required to be returned. You may 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. Any fees assessed will be debited from an Account.
American Bank reserves the right to charge any like titled account that you may have now or may have in the future.
- Reporting Unauthorized Transactions. You should notify us immediately if you believe your PIN and/or pcbanker
SecurID Token (if you elect to utilize a pcbanker SecurID Token as a form of Two-Factor Authentication) has been lost or stolen or
that someone has transferred or may transfer money from your Account without your permission or if you suspect any fraudulent activity on
your Account through the pcbanker service. 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. You understand and agree that you will not have the benefit of any
consumer law, such as the Electronic Fund Transfer Act and Regulation E implementing that Act, limiting liability with respect to
unauthorized use of the pcbanker service, the PIN and/or pcbanker SecurID Token (if you elect to utilize a pcbanker
SecurID Token as a form of Two-Factor Authentication), and your Account. This means that you are solely responsible for all transactions
relating to your Account made using the pcbanker service and your PIN and/or pcbanker SecurID Token (if you elect to utilize a
pcbanker SecurID Token as a form of Two-Factor Authentication) or the PIN and/or pcbanker SecurID Token (if you elect to
utilize a pcbanker SecurID Token as a form of Two-Factor Authentication) of any of your Users, whether or not such transaction(s) were
authorized by you or your User, as long as we processed the transaction in good faith and in conformity with the security procedures set
forth in this Access Agreement. You agree to indemnify and hold us harmless from any loss suffered or liability incurred by us in, or
arising from, our execution of any transaction relating to your Account. You accept and agree to undertake the additional risk and greater
liability associated with the use of the pcbanker service in connection with your Account as described in this Access Agreement.
- Fees. The Bank does not currently charge monthly or transaction fees for accessing your Account(s) through pcbanker. When
utilizing the pcbanker SecurID Token, the Account Administrator will be eligible to utilize one pcbanker SecurID Token free of
charge. Each additional pcbanker SecurID Token request will be assessed a Token charge. pcbanker SecurID Token charges are
non-refundable. Applicable fees will be in accordance with the Bank’s Fee Schedule, as it may change from time to time. 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 may be assessed by your Online service provider.
- Rules Concerning Wire Transfers. In addition to the following provisions, wire transfers will be governed by the Bank’s Wire
Transfer Agreement, a copy of which will be supplied upon selecting this service.
a. Acceptance and Rejection of Wire Transfer Requests. Your wire transfer request is considered accepted by
us when we execute it. We have a right to reject your wire transfer request for an outgoing wire transfer for reasons including, but not
limited to, insufficient funds or insufficient collected funds in the Account specified in the request. We will notify you by telephone,
Secured Message or mail if we reject your wire transfer request. We also have no responsibility to accept any incoming wire transfer for
your benefit.
b. Fedwire Notice. In carrying out your wire transfer request, we may use Fedwire or any subsequent bank may
use Fedwire. The rights and obligations of you and us in a wire transfer, any part of which is carried out through the use of Fedwire, are
governed by the Fedwire Regulation.
c. Deadline for Wire Transfer Requests. We maintain deadlines for accepting wire transfer requests. If your
request is received prior to the deadline, it will be executed by us on that Business Day. A request received after the deadline may be
executed the next Business Day, excluding Saturdays. Wire transfer deadlines through this service are set by us at 2:00 p.m., ET Monday
through Friday, and are subject to change from time to time at our sole discretion.
d. Account Statements. All wire transfers will be reflected on your periodic bank statement. In some cases
we will also notify you in writing, electronically, or by a report produced by one of our information reporting services. You should review
each statement or other such notice for any discrepancies in connection with wire transfers. If you think a wire transfer is wrong or need
more information about a wire transfer, you must contact us in writing upon discovery of the error or within fifteen (15) days after you
receive the first notice or statement which has a discrepancy, whichever is earlier. Failure to do so will relieve us of any obligation to
pay interest on or otherwise compensate you for the amount of an unauthorized or erroneous wire transfer.
e. Method Used to Make the Wire Transfer. We may select any means for the transmission of funds which we
consider suitable, including but not limited to our own internal systems or Fedwire. We are not responsible for performance failure as a
result of an interruption in transfer facilities, labor disputes, power failure, equipment malfunctions, suspension of payment by another
bank, refusal or delay by another bank to accept the wire transfer, war, emergency conditions, fire, earthquake, or other circumstances not
within our control.
IV. Parties' Responsibilities.
A. Responsibilities of the Customer. Throughout the life of this Access Agreement, you will have the following
responsibilities:
- Naming Your Account Administrator(s) and Your User(s). As a condition to our obligations under this Access Agreement, (a)
by one or more written resolutions acceptable to us, you shall designate your Account Administrator who may be authorized on your behalf to
execute and deliver this Access Agreement to us (including any attachments), any modifications hereto and any other documents and notices
described herein, and (b) your Account Administrator may designate, one or more “Administrators” or "Users" as your representative(s)
authorized to use your pcbanker service. You are solely responsible for the security of your PIN and the activities of any Users
you create. Any transaction made using your PIN or any other delegated User ID is conclusively presumed to have been authorized by you. YOU
UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL LOSS OR DAMAGE OF ANY KIND RESULTING FROM ACTS OR OMISSIONS OF YOUR ACCOUNT
ADMINISTRATOR AND ANY PERSON TO WHOM YOU GIVE ANY ADMINISTRATIVE OR USER RIGHTS WITH RESPECT TO YOUR ACCOUNTS THROUGH pcbanker. YOU
ARE RESPONSIBLE FOR ALL LOSS OR INJURY RESULTING FROM ANY UNAUTHORIZED USE OF YOUR PIN.
- User Administration. Account Administrators will be responsible for all online activities involving your enrolled
accounts. The Account Administrator alone will determine administration rights for other Users which may include: (i) managing, adding and
deleting pcbanker service Users; (ii) establishing Account access privileges and authority; (iii) establishing product capability
access and authority; (iv) establishing wire and ACH limits, privileges, and authority, when these services become available; (v) resetting
Passwords; (vi) changing/maintaining User’s Sign-On ID and Password. You have sole responsibility for the management of all Sign-On IDs
and Passwords. The Bank does not have the ability to disable any PIN and shall have no responsibility failing to do so if you request that
we take that action.
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.
- 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.
- 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 (including but not limited to Users designated by your Account Administrator) 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.
V. Termination. Your pcbanker service will remain in effect until terminated by you or us. You may cancel your
pcbanker service at any time by having anyone with signing authority on the account notify 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.
VI. Changes in Terms and Other Amendments. 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 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.
VII. 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 agreement.
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/or pcbanker SecurID Token (if you elect to utilize a pcbanker SecurID
Token as a form of Two-Factor Authentication).
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.
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