OCEAN BANK, FSB
ONLINE PERSONAL BANKING AGREEMENT
DISCLOSURE STATEMENT OF TERMS AND
CONDITIONS
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OVERVIEW OF AGREEMENT
This Agreement outlines the terms and conditions that apply when you use
Ocean Bank’s ONLINE BANKING SERVICE. The terms of this Agreement are in
addition to those terms applying to any accounts you have with Ocean Bank. As an
authorized account holder you must abide at all times with the terms and
conditions described in this Agreement, in addition to abiding at all times with
the conditions described to you at account opening. Please read this Agreement
carefully, and contact Ocean Bank with any questions or comments.
The ONLINE BANKING SERVICE allows you to view your account history
information, check your balances, and transfer funds between your accounts.
Features to be added in the future will permit you to pay bills and perform
other transactions over the Internet, as they become
available.
AGREEMENT TO RECEIVE ELECTRONIC
COMMUNICATIONS
By clicking the acceptance button, you agree to
receive online banking services information in an electronic form. You further
agree to receive revisions and amendments in electronic form. If you accept this
Agreement, you consent to be governed by the Agreement for all future online
transactions conducted with Ocean Bank, FSB. At any time you may contact Ocean
Bank to withdraw permission to receive information electronically, to terminate
online banking services, or to update any information about you, such as to
change your electronic mail address. You may contact Ocean Bank at
1-888-500-6025,
or write to:
Ocean Bank, FSB Online Banking Unit 2 Altieri Way Warwick, RI 02889
ACCESS TO ONLINE BANKING SERVICES
You must sign up for the service to become eligible for Ocean Bank’s
ONLINE BANKING SERVICE. Once this has been completed, will provide you
with instructions, separate from this Agreement, on how to conduct transactions
using the ONLINE BANKING SERVICE. Subject to applicable laws and
regulations, we may terminate, suspend or limit your access privileges to the
ONLINE BANKING SERVICE, at our sole discretion, at any time without prior
notice or refund of previously incurred fees, if applicable. Access into the
ONLINE BANKING SERVICE will be governed by your use of a User ID and
password. We disclaim all warranties regarding the use of Ocean Bank’s ONLINE
BANKING SERVICE, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
EQUIPMENT REQUIREMENTS
You agree to be responsible for access to Ocean Bank’s web site and ONLINE
BANKING SERVICE through the public Internet and through the
use of a browser. The installation, maintenance and operation of your equipment,
including but not limited to, your computer, modem, any software, and Internet
access through an Internet access provider shall be your responsibility. We are
not responsible for any errors or failures from any malfunction of your
equipment or software, and we are not responsible for any computer virus,
“spyware”, related public network problems, or failure or loss caused by
incompatibility with our system.
ONLINE PERSONAL BANKING TRANSACTIONS
You have the ability to view your balance and account history information,
transfer funds among your qualifying accounts to the extent authorized, and
obtain other services and perform other transactions as we may authorize. We
shall provide you with all applicable disclosures and transaction guidelines at
the time of account opening.
HOURS OF AVAILABILITY
The
ONLINE BANKING SERVICE shall be available at all times 24 hours-per-day
and 7 days per week. Occasional maintenance and upgrades are conducted,
unannounced, but which are routinely scheduled during early Monday mornings
after 12:00 AM.
SECURITY PROTECTION PROCEDURES
Ocean Bank
maintains a comprehensive Information Security Risk Program. This Program is
governed by strict regulatory guidelines and includes written plans and
procedures for access control, customer account protection, security breach
prevention and incident response, disaster preparedness, and guidelines for
intrusion detection and firewall screening. Ocean Bank shall utilize at all
times the highest industry safeguards for secure data transfer, including
transferring all customer financial information encrypted with Secure Sockets
Layer (SSL) protocol and connection to a host server certified as a 128-bit
secure server. We take seriously our responsibility to protect our customers’
account information.
It is important that you take measures to protect your account. Do not allow
anyone to gain access to your ONLINE BANKING SERVICE account, or provide
anyone with your User ID or Password used to access Ocean Bank’s ONLINE
BANKING SERVICE. You agree to assume responsibility for all transactions
initiated through the ONLINE BANKING SERVICE using your User ID and
Password. You agree to notify Ocean Bank immediately if the security or
confidentiality of your customer account information has been compromised or
breached in any way, and you agree to frequently change your account Password to
ensure the confidentiality and protection of your information. Finally, you
agree to take precautions to avoid becoming a victim of identity theft, and to
use caution to avoid acts of Internet fraud, such as “phishing”, which results
from cyberfraud instances of being directed to fraudulent web sites.
COMPLAINT OR DISPUTE PROCESS AND NOTIFICATION
For any consumer
complaint, we may require that you send the complaint or question in writing
within a reasonable period, which shall be ten (10) business days from your
initial contact with Ocean Bank notifying us of the complaint. For any complaint
or question related to your use of the ONLINE BANKING SERVICE we will
notify you with the results of our investigation within ten (10) business days
after you contact us in writing, and we shall make every effort to
satisfactorily correct and resolve any errors promptly. If more time is needed,
we may, at our sole discretion, take up to forty-five (45) calendar days to
investigate a complaint or to interview affected parties and gather supporting
information. Should this occur, we shall credit your account within ten (10)
business days for the amount that you believe is in error. If there is a
conflict or dispute with the ONLINE BANKING SERVICE Agreement, it is
agreed that the terms of the Agreement shall prevail.
DISCLOSURE OF CUSTOMER ACCOUNT INFORMATION TO OTHERS
Ocean Bank promotes the highest level of customer information security and
confidentiality. However, in certain instances we are required to disclose
customer information when it is necessary to comply with any law, court order,
or proper law enforcement or government requests, such as subpoenas, federal tax
information, bank examinations, and reports of unusual currency transactions or
suspected violations of law. We may disclose information to third parties if we
must take legal action against you, such as to disclose information to
collection attorneys.
OUR LIABILITY
Ocean Bank’s liability shall be limited to that which is expressly set forth
herein. Under no circumstances shall Ocean Bank be liable in contract, tort, or
otherwise for any special, incidental, or consequential damages, whether or not
foreseeable. By consenting to use the Services, you agree to waive any and all
right to any of the aforesaid, and you acknowledge the limit of your remedy is
as otherwise expressly set forth herein.
Ocean Bank shall be responsible for your actual losses if it is determined
your loss was directly caused by our failure to complete an electronic funds
transfer in the manner properly requested by you, or if we fail to cancel an
electronic funds transfer when it was timely and properly requested by you.
Under no circumstances shall Ocean Bank be held liable for damages in excess of
your actual loss due to our failure to complete a transfer, and we will not be
liable for any incidental or consequential damages.
YOUR LIABILITY
We will not be liable if, through no fault of ours, you do not have enough
available funds in your account, or if we reasonably suspect fraud, illegal
activity, or in instances where circumstances beyond our control prevent the
transaction from taking place (e.g., fire, flood, power outage, mail delivery
delays, equipment or technical failure or breakdown) despite our having taken
reasonable precautions. We will not be liable if there is a hold placed on your
account, or if access to your account has been blocked in accordance with
banking policy or law; or if your funds are subject to legal process or other
encumbrance restricting the transfer, as per the guidelines set forth at your
account opening. As noted in previous sections, you agree to promptly notify
Ocean Bank in any instance involving identity theft, or where you believe
someone has accessed your accounts without your permission.
DISCLOSURE OF PRODUCT TERMS, RATES AND FEES
All terms, rates, applicable fees and conditions of our products shall
be thoroughly disclosed to you at account opening. Disclosures shall include the
terms and rates for products governed by the Truth in Savings Act, Regulation
DD; and for products and transactions governed by Regulation E, Electronic Funds
Transfer.
COPYRIGHT AND TRADEMARK NOTICE
The images, text, screens, design, and web page displays appearing on Ocean
Bank’s Internet site are owned by us, or others, as indicated and are protected
by copyright laws. You agree not to copy, display, distribute, download,
license, sub-license, modify, repost, reproduce, reuse, sell, transmit, create
any derivative work from, or otherwise use for public or commercial purposes,
any information or materials from Ocean Bank’s site, except as provided in the
ONLINE BANKING SERVICE Agreement, without the express written permission
of Ocean Bank. Unless otherwise noted, all other trademarks, service marks, and
logos used on this site are the property and trademark, service mark, or logo of
Ocean Bank, or others as indicated.
GOVERNING LAW
This Agreement shall be governed by the laws of the jurisdiction in which
Ocean Bank, FSB is located, and shall be governed by applicable Federal banking
laws and regulations affecting savings associations regulated by the U.S.
Department of Treasury’s Office of Thrift Supervision (OTS).
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USA PATRIOT ACT STATEMENT
To assist the government in prohibiting the funding of terrorism and money
laundering activities, we are required to verify information that identifies
each person who opens an account. When you open an account with us, your name is
required to be matched against a computerized list of persons wanted by the U.S.
Department of Treasury’s Office of Foreign Assets Control (OFAC). Ocean Bank
conducts this review at the time you open an account with us, and there is no
inconvenience to our customers and consumers. We thank you for your
understanding and for joining us in securing a safer tomorrow.
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