Mother Lode Bank
Internet Banking Service Agreement
and Disclosure Statement
By accessing certain personal computer banking and related services offered by Mother Lode Bank, as described
in this Internet Banking Service Agreement and Disclosure Statement ("Agreement") and as otherwise
made available by Bank from time to time (collectively, "MLB Internet Banking"), and in consideration
of our allowing you access to MLB Internet Banking, you agree to the terms and conditions of this Agreement.
Each reference in this Agreement to the "Bank", "MLB", "we", "us",
or "our" refers to Mother Lode Bank, and each reference to "you" and "your" refers
to each depositor, borrower, authorized signer, or authorized user for an account (as defined below) who
is now or hereafter enrolled in any one or more of the MLB Internet Banking services with respect to the
account. Each use of MLB Internet Banking constitutes confirmation by you of your agreement to, and understanding
of, the terms of this Agreement and any screens that appear on your computer when you sign on to the Mother
Lode Bank Web Site. Please read this Agreement carefully and keep it for future reference.
The terms and conditions of this Agreement are cumulative with and in addition to any terms of the signature
cards or account agreements for your Deposit Account(s), the applicable account disclosures, the Guide to
Accounts and Services, and the Schedule of Fees and Charges (all of which are collectively called the "Deposit
Agreement"), and the agreements governing the Credit Accounts, all as may be amended from time to time.
In the event of any conflict between this Agreement and the content of the Internet Banking system or any
related materials regarding the Bank's obligations to you, the terms of this Agreement will control. If
any provision of this Agreement is unlawful or unenforceable, each such provision or writing will be without
force and effect without thereby affecting any other provision hereof. No consumer protection provision
of the federal Electronic Fund Transfer Act or Federal Reserve Board Regulation E is intended to be waived
by you under this Agreement unless the waiver is permitted by law. The parties agree to be bound by the
operating rules and guidelines of the National Automated Clearing House Association (NACHA) and the applicable
local automated clearinghouse association as in effect from time to time with respect to all automated clearinghouse
transfers made hereunder.
BROWSER SECURITY. MLB Internet Banking transmits data using SSL (Secure Socket Layer)
technology encryption. It is important to verify that a secure connection between your browser and the Internet
Banking server has been established before transmitting any confidential account information over the Internet.
This can be verified by an indicator on your web browser. Netscape Navigator has a key symbol that appears
in the lower left corner of the screen. When the symbol appears "solid", transmitted data is being
encrypted. When this symbol appears "broken", a secure session has not been established. Similarly,
Microsoft Internet Explorer has a lock symbol that appears when data is being encrypted. When this symbol
does not appear, a secure session has not been established. You agree not to engage in MLB Internet Banking
transactions unless you have confirmed that a secure session has been established, and that you will be
responsible for any losses or damages you incur if you do not do so.
LINKS. The MLB website may contain links to third party websites. These links are offered
only as pointers to sources of information, or products and services, that may be of interest to users of
our Internet Banking service, and Mother Lode Bank is not responsible for the content of such sites, including
the operations, programming, and conduct of transactions over such sites. Mother Lode Bank disclaims all
liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites,
the use of your information by such third parties, and the security of information you provide to such third
- Hardware and Software Requirements. To be able to use MLB Internet Banking, you must
provide an access device such as a personal computer with related equipment (the "Hardware")
and the necessary operating software to operate the Hardware. You must provide a connection to the Internet
through an Internet Service Provider ("ISP"). You will access MLB Internet Banking through our
Internet Banking service provider ("Service Provider") that will act as an interface between
you and Mother Lode Bank. A browser which supports 128-bit encryption, such as MS Internet Explorer 5.5
or higher or Netscape Navigator 6.0 or higher is required to use MLB Internet Banking. You are and will
remain solely responsible for the purchase, hook-up, installation, loading, operation and maintenance
of the Hardware, the software, the ISP service, and for all related costs. You are solely responsible
for protecting your Hardware and software from computer viruses and other related problems. You agree
not to engage in MLB Internet Banking transactions unless you have confirmed that a secure session has
been established, and that you will be responsible for any losses or damages you incur if you do not do
- The Accounts. You agree to use MLB Internet Banking solely for the services described
in this Agreement or subsequently designated by you as provided in Section 5, and solely in connection
with each deposit account (collectively, the "Deposit Accounts") and each loan account (collectively,
the "Credit Account") held by the Bank and designated by you as described below (collectively,
the "Accounts"), except as otherwise expressly provided in this Agreement or as otherwise expressly
permitted by us from time to time. Under this Agreement, there may be multiple accounts.
- Confidentiality of Password and User ID. All MLB Internet Banking transactions or
inquiries must be initiated by use of your MLB Internet Banking Password and User ID. We will assign you
a Password and User ID. The first time you sign on to MLB Internet Banking, you will be required to select
a new Password. MLB Internet Banking allows you to change your Password online. It is recommended that
you do not use your birthday, names, or other codes that may be easy for others to determine as your Password.
No Bank employee will ever ask for your Password, nor should you provide it to anyone unless you intend
to allow that person access to your accounts. YOU AGREE TO KEEP YOUR Password CONFIDENTIAL. USE OF THE
Password BY YOU OR BY ANY OTHER PERSON WITH YOUR AUTHORIZATION WILL BE CONSIDERED THE SAME AS YOUR WRITTEN
SIGNATURE AUTHORIZING US TO COMPLETE ANY TRANSACTION OR REQUEST COMMUNICATED THROUGH MLB INTERNET BANKING.
You agree that any MLB Internet Banking transaction or request initiated by use of the Password will be
subject to and governed by this Agreement.
If you authorize another person to use your Password, that person can use MLB Internet Banking to view
any information or initiate any transaction on any of the accounts to the same extent as you, including
viewing information or initiating transactions on accounts to which that person does not otherwise have
access. As such, your sharing of your Password is strongly discouraged by the Bank, and is done at your
sole risk and peril.
You should always exit MLB Internet Banking after you finish viewing your accounts. Never leave your computer
unattended while accessing MLB Internet Banking; if you do, a third party may be able to access your accounts
from your computer, without needing to use your Password.
- Business Days. Business days for Mother Lode Bank are Monday through Friday, excluding
holidays. You may access the accounts through MLB Internet Banking 24 hours a day, seven days a week,
except that regular maintenance on the systems or equipment may result in interrupted service. We may
also find it necessary to occasionally change the scope of our services. Mother Lode Bank cannot guarantee
that we will be able to provide notice of such interruptions and changes, although we will attempt to
provide such notice.
- Internet Banking Services. You may use MLB Internet Banking to perform any of the
following services designated by you or subsequently added by you as provided below:
- To transfer funds between Deposit Accounts, such as checking, savings or money market deposit accounts;
- To make your Mother Lode Bank loan payment from a Deposit Account, such as checking, savings or
money market deposit account;
- To view balance and transaction information for Mother Lode Bank accounts;
- To view images of your canceled checks online;
- E. To pay bills electronically from a designated Deposit Account that is a checking account with
unlimited check-writing privileges;
- To receive e-mail from and transmit e-mail to the Bank as described in this Agreement. You may apply
for or cancel any Internet Banking service by contacting Mother Lode Bank at 209-694-8400.
As used in this Agreement, the term "electronic fund transfer" has the meaning provided
for that term in Regulation E and includes, without limitation, a bank transfer or bill payment (other
than a bill payment made by check or other paper item), as these terms are defined below.
- Transfers to and from Accounts.
- Deposit Accounts and Credit Accounts. You may use MLB Internet Banking to initiate
electronic fund transfers from one Deposit Account that is a checking, savings or money market deposit
account to any other Deposit Account that is a checking, savings or money market deposit account,
or to any Credit Account, as provided in this Agreement. These types of transactions are referred
to in this Agreement as "bank transfers".
- Authorization. You expressly authorize us to debit the appropriate Deposit Account
in the amount of any bank transfer initiated through MLB Internet Banking by you or by any other person
who is authorized to use your Password. You agree that we may treat any such bank transfer from a
Deposit Account the same as a duly executed written withdrawal, transfer, or check and that we may
treat any such bank transfer to a Deposit Account the same as a deposit, all in accordance with the
terms of this Agreement and the Deposit Agreement.
- Limitations. Your ability to initiate bank transfers between Deposit Accounts may
be limited by federal law or by the terms of your deposit agreement with us. Bank transfers from Deposit
Accounts that are savings or money market deposit accounts are limited as required by federal regulation.
You agree that we may, without notice or other obligation to you, refuse to make any bank transfer
for security reasons or as otherwise expressly provided in this Agreement or the Deposit Agreement.
- Time of bank transfers; posting; funds availability. If you initiate a bank transfer
of available funds, the bank transfer will be posted to the Deposit Account the same day.
- Accuracy of Account Information. MLB strives to provide complete, accurate and timely
account information through MLB Internet Banking. However, unless otherwise required by law, we will not
be liable to you if any such information is unavailable, delayed or inaccurate. With respect to electronic
funds transfer problems; such as unauthorized transfers or the Bank's failure to properly complete authorized
transfers, the extent of our liability is described in Section 16 of this Agreement.
- Bill Payment Service. Mother Lode Bank offers an optional On-Line Bill Payment Service.
Please see "Bill Payment Agreement and Disclosures" for further terms and conditions relating
to the function of online banking.
- Insufficient Funds. When you use MLB Internet Banking and/or the Bill Payment Service,
you must have sufficient funds available in the selected account (including available overdraft protection
coverage, if applicable) to cover the amount of the transfers or payments you schedule, and any associated
overdraft protection fees.
If your checking account does not have sufficient funds to issue a payment as of the date the payment
is scheduled to be deducted, you agree that this will constitute an overdraft under the Deposit Agreement,
and to pay any fees incurred as set forth in our current Fee Schedule.
The Bank is under no obligation to notify you if it does not complete a payment because there are insufficient
funds in your account to process a transaction. In all cases, you are responsible for either making alternate
arrangements for the payment or transfer, or for rescheduling the payment through the Bill Payment Service.
- Electronic Mail Service. You may use MLB Internet Banking to send electronic mail
("e-mail") to us. The e-mail service may not be used to make bank transfers between accounts
or to make bill payments from an account. If you need to contact us immediately to stop payment, to report
an unauthorized use of your Password, to report unauthorized access to an account, or for any other reason,
you should call us at 209-694-8400. We will not be responsible for acting on or responding to any e-mail
request made through MLB Internet Banking until we actually receive your e-mail message and have a reasonable
opportunity to act.
- Additional Service. We may, from time to time, make additional services available
through MLB Internet Banking. We will notify you of the availability and terms of these new services.
By using these additional services when they become available, you agree to be bound by this Agreement
and any additional instructions, procedures and terms provided to you with respect to each of these new
- Fees and Charges. In consideration of our making MLB Internet Banking available to
you, you agree to pay, and you authorize us to automatically debit to the billing account (the "Billing
Account") each calendar month, the following non-refundable charges for the preceding calendar monthly;
Currently, MLB does not charge for viewing your accounts, or completing transfers to and from
your individual accounts, but we reserve the right to do so in the future.
Currently, MLB does not charge for utilizing the "Bill Payment Service", but we reserve
the right to do so in the future.
- Errors and Adjustments. We agree to correct any error made in crediting or debiting
any account by making the appropriate adjustment to your account balance. You agree to repay promptly
any amount credited to your account in error, and you authorize us to initiate a debit transfer to any
account to obtain payment of any erroneous credit.
- Account Reconciliation. The Deposit Account statements or other notices provided to
you by us will notify you of (a) the execution of bank transfers or bill payments and the debits to the
Deposit Account made with respect to such bank transfers and bill payments, and (b) amounts debited by
the Bank from the Billing Account or any other account for payment of the services or other charges pursuant
to this Agreement. You agree that we will not be required to provide any other notice to you of the execution
of bank transfers, bill payments, or debits. You agree to promptly examine each statement for a Deposit
Account and to promptly report any discrepancies between your records and the Deposit Account statements
or any other notices mailed by the Bank to you.
- Settlement of Obligations. To the fullest extent permitted by applicable law, you
authorize us to obtain payment of your obligations to us under this Agreement from time to time by (a)
initiating debit or credit transfers to any of your accounts or (b) deducting the payment from the amount
of any bank transfer or bill payment. Debiting an account or deducting payment from the amount of any
bank transfer or bill payment is not the Bank's exclusive remedy under this or any other section of this
Agreement, and the Bank will not be deemed to have made an election of remedies by making any such debit
or deduction on any one or more occasions.
- Bank's Liability for Failure to Make or Stop Certain Electronic Fund Transfers. If
we do not complete an electronic fund transfer to or from a Deposit Account in a reasonable amount of
time or in the correct amount according to our agreement with you, we will only be liable for your direct
losses or actual damages. However, there are some exceptions. We will not be liable, for instance, if:
· Through no fault of ours, you do not have enough money in the Deposit Account
(or any linked account) to make the electronic fund transfer.
· The electronic fund transfer would go over the credit limit on any overdraft
protection line of credit account linked to the Deposit Account.
· You have not completely and properly followed the terms of this Agreement or
the instructions provided by the Internet Banking Service Provider or the Bill Pay Service Provider ("Service
Providers') regarding how to make an electronic fund transfer.
· Any data or instruction transmitted via MLB Internet Banking are inaccurate
· You do not initiate an electronic fund transfer according to the time limits
set forth in this Agreement and the online Payee list, or if the payment amount requested is less than
the full amount due.
· The electronic fund transfer has been transferred from the Deposit Account
to a third party, including, without limitation, any third party through which payment is made and any
payee or its financial institution.
· The Hardware, the software, the Service Providers, or any part of the MLB Internet
Banking system was not working properly and you knew about the breakdown when you started your electronic
· Circumstances beyond our control, such as an act of God, failure, delay, or
error on the part of any third-party service provider (including, without limitation, the Service Providers,
the United States Postal Service or any other delivery service), power outage, difficulty with telephone
or cable lines or satellite communications, difficulty with any Hardware, software, computer virus or
related problem, or cessation of the operation of the Service Providers or the arrangement between the
Bank and the Service Providers, prevent or delay the electronic fund transfer, despite reasonable precautions
that we have taken.
· Your funds are being held or frozen or are subject to legal proceedings.
· The funds in the Deposit Account are unavailable (funds are only conditionally
credited until they become available for withdrawal).
· Your Password has been reported lost or stolen or if we have any other reason
to believe that an electronic fund transfer may be erroneous or unauthorized.
· You, any joint holder, or an authorized cosigner on a Deposit Account has requested
that we stop payment of the electronic fund transfer.
· You have exceeded the limitations on the number of withdrawals or transfers
allowed during the statement period for the type of Deposit Account you have with us (e.g., certain types
of savings accounts, including money market deposit accounts).
· The Deposit Account has been closed.
· We do not receive the necessary transfer information from you or any third
party, or if such information is incomplete or erroneous when received by us.
· There may be other exceptions stated in this or any other applicable agreement
that we may have with you.
- Limits on Bank’s Liability. To the fullest extent permitted by applicable law,
you agree that we will have no liability whatsoever for any loss, damage, or claim arising out of any
delay or failure in the performance of any MLB Internet Banking service in accordance with the terms of
this Agreement, including but not limited to, that resulting from our negligence. Our duties and responsibilities
to you are strictly limited to those described in this Agreement, except with respect to any provisions
of the law applying to electronic fund transfers that cannot be varied or waived by agreement. In no event
will the Bank be liable for any consequential, special, or punitive damages or for any indirect loss that
you may incur or suffer in connection with the service (even if the Bank has been informed of the possibility
of such damages), including, without limitation, attorneys fees. The Service Providers are independent
contractors and not the Bank's agents. The Bank's sole duty shall be to exercise reasonable care in the
initial selection of the Service Providers. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED WARRANTY, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE, IS MADE BY THE
BANK WITH RESPECT TO ANY MLB INTERNET BANKING SERVICES, AND THE BANK HEREBY DISCLAIMS ALL SUCH WARRANTIES.
To the fullest extent permitted by applicable law, and without limiting the generality of the foregoing,
the Bank shall not be liable at any time to you or any other person for any loss, charge, fee, penalty,
expense or other damage resulting from any failure or delay of the performance of the bank's responsibilities
under this Agreement which is caused or occasioned by any act or thing beyond the Bank's reasonable control,
including, without limitation, legal restraint, interruption of transmission or communication facilities,
equipment failure, electrical or computer failure, war, emergency conditions, acts of God, fire, storm,
or other catastrophe, or inability to obtain or delay in obtaining wire services or Internet access, or
refusal or delay by the Service Providers or another bank or financial institution to execute any bank
transfer or bill payment. In addition, the Bank shall be excused from any failure or delay in executing
a bank transfer or bill payment, if such execution would result in the violation of any applicable state
or federal law, rule, regulation or guideline. To the fullest extent permitted by applicable law, you
agree that the Bank shall not have any liability whatsoever for any loss caused by the act, error, or
omission of you or any other person, including, without limitation, the Service Providers, any ISP, any
Federal Reserve Bank or transmission or communications facility or any intermediary or receiving financial
institution, and no such person shall be deemed the Bank's agent.
- Your Liability for Unauthorized or Erroneous Transfers. To the fullest extent permitted
by applicable law, you agree to be responsible for all unauthorized or erroneous transactions initiated
through MLB Internet Banking. You have the obligation to immediately notify the Bank if your Password
has been lost or stolen, or if someone has transferred funds from your account through MLB Internet Banking
without your permission (or is contemplating to do so). The following provisions of this Section apply
only to your liability for unauthorized electronic fund transfers. An "unauthorized electronic fund
transfer" means an electronic fund transfer from a Deposit Account that is initiated by another person
without your authority to initiate the electronic fund transfer(s) and from which you receive no benefit.
The term does not include any MLB Internet Banking electronic fund transfer that is initiated by a person
to whom you furnished your Password, unless you have notified us that electronic fund transfers by that
person are no longer authorized and we have had reasonable opportunity to act on that notification. We
may require that the notice be in writing. If you notify us within two (2) business days after you discover
your Internet Banking Password has been lost or stolen, your maximum loss will be $50.00. If you do not
notify us within two (2) business days after you learn of such loss or theft, and we can prove we could
have prevented the unauthorized use of your Internet Banking Password if you had notified us, you could
lose as much as $500.00. If you fail to report an unauthorized Internet Banking transfer within sixty
(60) days after the first statement showing the unauthorized transfer was mailed to you, your maximum
liability is the amount of all unauthorized Internet Banking transfers that occurred after the 60-day
period and before you notified us of the loss, but only if we can demonstrate that such transfers would
not have occurred if you had notified us within 60 days after the statement was sent to you. For additional
information regarding errors or questions pertaining to electronic transfers, please refer to the Mother
Lode Bank "Guide to Accounts and Services". If you believe your Password has been lost
or stolen or that someone has transferred or may transfer money from a Deposit Account without your permission
Mother Lode Bank
172 W. Stockton Road
Sonora, CA 95370
- Rejection of Payment Orders; Overdrafts. You acknowledge that the Bank may in its sole
discretion, reject any bank transfer or bill payment request (any "payment order") or return
any bank transfer or bill payment (a) if there are insufficient or unavailable funds in the Deposit Account
or the Deposit Account has been closed or is frozen, (b) if the payment order does not conform to the
terms of this Agreement, or (c) if the payment order appears to be a duplicate; but neither the Bank nor
the Bill Pay Service Provider is under any obligation to recognize that a payment is a duplicate and you
should not rely on the Bank or the Bill Pay Service Provider to do so. If a payment order is rejected
or a bank transfer or bill payment is returned, you will have the sole obligation to remake the payment
order in accordance with the terms of this Agreement. The Bank or the Bill Pay Service Provider may from
time to time, in its sole discretion and without any obligation to do so, execute any payment order or
make any bank transfer or bill payment even though an overdraft to the account results. To the extent
permitted by applicable law, you agree that neither the Bank nor the Bill Pay Service Provider will have
any liability whatsoever for refusing to accept any payment order or rejecting or returning any bank transfer
or bill payment. If an overdraft occurs in a Deposit Account, you agree to cause sufficient available
funds to pay the amount of the overdraft to be deposited into or credited to the Deposit Account before
the end of that business day. Any overdraft existing at the close of a business day is immediately due
and payable without notice or demand.
- Disclosure of Deposit Account Information to Third Parties. You agree that we may from
time to time disclose to third parties information about your Deposit Account or the transactions that
you make through MLB Internet Banking. We will disclose information to third parties about your Deposit
Account or the transfers you make:
- Where it is necessary for completing bank transfers or bill payment or providing any other service
in connection with MLB Internet Banking; or
- In order to verify the existence and condition of your Deposit Account for a third party, such as
a credit bureau or merchant; or
- In order to comply with government agency or court orders; or
- If you give us your written permission; or
- To comply with requests from financial institution regulatory agencies in the course of bank examinations;
- In response to requests of persons providing services to the Bank, such as by our independent auditors;
- For other legitimate business purposes.
- Amendments. We may amend this Agreement from time to time. Each amendment will be effected
by our mailing or otherwise delivering the amendment, revised agreement and/or notice thereof to you in
accordance with applicable federal and state laws. If no federal or state law specifically governs the
amendment, the amendment shall be effected by mail or otherwise delivering it to you or posting it in
our full-service branch offices at least 21 calendar days prior to the effective date of the amendment.
Notwithstanding the foregoing and to the extent permitted by applicable law, we may change any term of
this Agreement without prior notice or obligation to you: (a) if the Service Provider changes any term
without providing us sufficient notice to enable us to properly notify you; (b) for security reasons;
(c) to comply with applicable law; or (d) as otherwise expressly provided in this Agreement.
- Termination. You agree that we may cancel or restrict your use of MLB Internet Banking
or any of the MLB Internet Banking services at any time upon such notice (including e-mail) as is reasonable
under the circumstances. You further agree that we may cancel your MLB Internet Banking services at any
time without notice if you have insufficient funds in any of your accounts. You may cancel MLB Internet
Banking by written request to the Bank at any time. If you cancel the Bill Pay Service, all pending and/or
recurring bill payments will be automatically canceled.
- Assignment. You may not assign all or any part of your rights or obligations under
this Agreement without our prior express consent, which may be withheld in our sole discretion. We may
assign or delegate all or any part of our rights or obligations under this Agreement, including, without
limitation, the performance of the services described herein. This Agreement will be binding on and inure
to the benefit of the successors and assigns of either party.
- No Third-Party Beneficiaries. This Agreement is for the benefit of you and the Bank
and is not intended to grant, and shall not be construed as granting, any rights to or otherwise benefiting
any other person, except as expressly otherwise provided in this Agreement.
- Captions. The captions of the sections of this Agreement are for convenience only and
shall not control or affect the meaning or construction of any of the provisions of this Agreement.
- Governing Law. Regardless of where you live or work or where you access MLB Internet
Banking, this Agreement is subject to the laws of the State where we hold your Deposit Account(s) or Loan
Account(s), and by applicable Federal laws and regulations.