giantbank.com (a division of Landmark Bank, N.A.)
Online Banking Terms and Conditions Agreement
Including Online Banking (computer access) and Telebanc (telephone access)
Effective February 1, 2007

I. Introduction
II. Electronic Funds Transfer Act
a.  EFT Act Error Notification and Resolution Requirements
III. Definitions
IV. Modifications
V. Telebanc
a.  Functions and Limitations of the Telephone Banking System
b.  Bank Liability
c.  Customer Liability
VI. Accessing Your Accounts
a.  Access to Services
b.  Account Requirements
c.  Use of Your Password
    1.  Lost or Stolen Password OR Unauthorized Transactions
d.  System Requirements and Liability
    1.  Virus Protection
e.  Availability of Service
f.  Online Banking Functions
g.  Optional Bill Payment Service – Web Payment
h.  New Services
i.  Limits on Transfers from Accounts
VII. Stop Payment Requests
VIII. Fee Schedule
IX. Disclosure of Account Information
X. Our Responsibilities
XI. Inactivity/Termination
 
I. INTRODUCTION
This Agreement is a contract between you and giantbank.com (a division of Landmark Bank, N.A.) It sets out the rights and obligations of a user of the Online Banking Service. It describes the rights and obligations of giantbank.com (a division of Landmark Bank, N.A.). Please read this Agreement carefully. You should print and keep a copy of this Agreement for yourself as it sets forth how your account will be handled. You will also be responsible for any subsequent changes to this Agreement after you have been given 30 days written notice of the changes.

By using the Online Banking Service provided by giantbank.com (a division of Landmark Bank, N.A.) you agree to abide by all of the terms and conditions of this Agreement. All applicable federal laws and regulations will govern this agreement. In the event that no federal law applies, laws and regulations effective in the State of Florida will govern the agreement. Use of this Service will be subject to the underlying deposit account or loan account agreement for each Account.
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II. Electronic Funds Transfer Act Disclosures
Some of the transactions permitted through Online Banking are governed by the Electronic Funds Transfer Act (EFT Act), and some of the terms and conditions of this Agreement are disclosures required by the EFT Act. For a complete EFT Act disclosure, refer to the Electronic Fund Transfers, Your Rights and Responsibilities brochure included in the Personal Account Disclosures. Commercial account holders are not covered by the EFT Act and therefore certain provisions are not applicable to commercial accounts.

  a. EFT Act Error Notification and Resolution Requirements
In case of errors or questions regarding an Online Banking transaction, contact us as soon as possible. You may call us toll free at 1-877-446-4200 between the hours of 8:00 am and
7:00 pm (Eastern Time) Monday through Friday or write to us at the address included in the Error Resolution Notice portion of the Electronic Funds Transfers: Your Rights and Responsibilities brochure included in the Personal Account Disclosures. If you noted this error on an account statement, we must hear from you no later than 60 days after we sent you the first statement on which the problem or error appeared. Specific requirements are detailed in the Electronic Funds Transfers disclosure regarding information requirements and time frames for resolution of the error.
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III. Definitions
a.  Business day. Refers to Monday through Friday, excluding Saturday, Sunday and federal banking holidays.
b.  Online account. Refers to any account from which you will be conducting transactions using this Service.
c.  Password. Refers to the customer-generated code selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service.
d.  Personal Identification Number or PIN. Refers to the assigned or chosen alpha/numeric secret code required by the automated telephone banking system, which limits access to your account information on the system.
e.  Additional Layers of Authentication. Refers to the authentication image, authentication pass phrase and a series of challenge questions and answers selected by you for use during the initial sign-on, or the codes you select after the initial sign-on, that establishes your connection to the Service.
f.  Time of day. References are to Eastern Standard Time or Eastern Daylight Time, as applicable.
g.  Transaction date. Refers to that day (unless after 4:00 pm) or on a holiday, in which case it means the next business day.
h.  We, Us, Bank. Refers to giantbank.com (a division of Landmark Bank, N.A.) which offers the Services and which holds the accounts accessed by the Services.
i.  Authorized Use. Refers to any use of the system by anyone using your password, anyone to whom you have given the password, or to whom you have made the password available.
j.  I, Me and My. Refers to each and all of those who sign or otherwise enter into the agreement with the Bank.
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IV. Modifications, Assignments and Terminations
The Bank reserves the right to modify this Agreement in whole, or in part, at any time. Further, the Bank may terminate this Agreement at any time, and not be liable to you, nor will termination of the Agreement effect any of your existing obligations to the Bank. The Bank may assign certain of its rights and responsibilities to independent contractors or other parties. The Bank has the right to revoke or terminate any or all of the privileges under this Agreement at any time with or without notice.
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V. Telebanc
a.  Functions and Limitations of the Telephone Banking System
The automated telephone banking system is a computerized and automated system allowing limited information and certain transaction capabilities by the use of a touch tone telephone. To use the system you must call a telephone number specified by the Bank and enter your personal identification number (PIN), personally selected by you, as prompted by and within the limiting parameters of the system. You are responsible for safeguarding knowledge and use of this PIN and recognize and accept the risks of another accessing your accounts if they become aware of your PIN.

The system is designed to allow you to inquire about account balances for those accounts on which you are an authorized signer. The Bank does not maintain balances on a "real time" basis, meaning that account balances are generally updated only one time for each business day. Transactions affecting your account balances must be posted by the Bank and the system must be updated before such transaction reports will be available to you through the Telebanc system.

Subject to certain limitations, you may transfer balances between certain accounts and initiate certain payments to some loan accounts with the Bank. You may also place stop payment on checks issued on certain accounts. Restricted from the transaction functions of the automated system are certain accounts deemed "non-transactional accounts" and certain selected accounts with Bank imposed limitations.

b.  Bank Liability
The Bank is responsible only for the exercise of good faith in the reasonable operation and maintenance of the automated telephone banking system. The Bank will not be liable for the non-performance or malfunction of this system. The Bank will not be liable for any damages, including but not limited to consequential damages you sustain and resulting from the malfunction or nonperformance of the system, except to the extent of correcting actual errors. The Bank will not be liable for any other circumstances beyond its control.

c.  Customer Liability
You are responsible to safeguard your personal identification number (PIN) which you will use to access the system. This is best accomplished by restricting knowledge of your PIN to only yourself. You agree to hold the Bank harmless for any unauthorized use of your PIN or this service by another. You must promptly notify the Bank if your PIN has been lost, obtained by someone you have not authorized, or if you are aware of any errors or unauthorized transactions on your accounts.

You should call the Bank immediately; toll free at 1-877-446-4200 between the hours of 9:00 am and 7:00 pm (Eastern Time), Monday through Friday. Failure to contact the Bank will significantly increase your risk of financial loss as outlined in the Unauthorized Transfers portion of the Electronic Fund Transfers: Your Rights and Responsibilities brochure included in the Personal Account Disclosures. If you believe your PIN has been lost or stolen, please use the PIN change feature within the Telebanc system to change your PIN.
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VI. Accessing Your Accounts
a.  Access to Services
The Bank will provide instructions on how to use the Online Banking Service. If the device you are using is registered, you will gain access to your Online Accounts through the use of your Internet enabled device, your Internet Service Provider, your Password, your User ID and your authentication image. If we are unable to recognize the device you are using, we may ask for your authentication pass phrase or your answers to a series of challenge questions.

The first time you log on to the Online Banking system, you will be required to change the initial access ID, password and select an access ID, password known only to you. You will need to follow the specific password character structure requirements provided to you in the welcome letter package you will receive from us. You will also be required to select additional layers of authentication that include, an authentication image, an authentication pass phrase and provide answers to a series of challenge questions. You will also be given the choice whether or not to register the computer you are using. For your protection, the Bank strongly discourages the registration of public computers.

b.  Account Requirements
In order to activate your Online Banking Service, you must have at least one checking or certificate of deposit account with giantbank.com (a division of Landmark Bank, N.A.). This service is not available on any accounts for which two signatures are required for withdrawals or for loans.

c.  Use of your Security Password
Any person having access to your giantbank Online Banking PIN and the additional layers of authentication will be able to access the Internet Banking Services and perform all transactions, including reviewing account information and making transfers to other accounts which have mutual ownership. The Bank is entitled to act on transactions received through Online Banking under your password and additional layers of authentication and without inquiring into the identity of the person using that password and additional layers of authentication. You are liable for all transactions made or authorized using your password and additional layers of authentication.

You agree not to allow anyone to gain access to the Online Banking Service or to let anyone know your Password and
the Additional Layers of Authentication used with the Online Banking Service.
You should not under any circumstance disclose your password or additional layers of authentication in writing, verbally, by telephone or by any other means to anyone claiming to represent the Bank. Bank employees do not need and should not ask for your password or additional layers of authentication. If, despite the Bank"s advice, you give your password and/or additional layers of authentication to anyone, you do so at your own risk since anyone to whom you give your password, additional layers of authentication or other means of access will have full access to your account(s) even if you attempt to limit that person"s authority.

In order to protect yourself against fraud, you should adhere to the following guidelines:

  • Store your PIN in a secure location.
  • Do not give out your account information, password, user ID, authentication image, authentication pass phrase or answers to challenge questions.
  • Do not leave your PC unattended while you are in the Banks’ Online Banking Site.
  • Never leave your account information within range of others.
  • Do not send privileged account information (account number, password, etc) in any public or general e-mail system.

    1. Lost or Stolen Password and/or Additional Layers of Authentication OR Unauthorized Transactions
      If your password or additional layers of authentication has been lost or stolen, call the Bank immediately; toll free at 1-877-446-4200 between the hours of 8:00 am and 7:00 pm (Eastern Time), Monday through Friday. Failure to contact the Bank will significantly increase your risk of financial loss as outlined in the Unauthorized Transfers portion of the Electronic Funds Transfers: Your Rights and Responsibilities brochure included in the Personal Account Disclosures. If you believe your password or additional layers of authentication has been lost or stolen, please use the Password change feature within the Online Banking Section of the website to change your password or additional layers of authentication. If you find that someone has changed your password, call us immediately so that unauthorized transactions may be stopped.

    d.  System Requirements and Liability
    In order to use this service, you will need access to the Internet. Failure of your equipment to access the Internet, or any failure on your system that causes a problem with your transactions are risks that are accepted by you. We will make an effort to assist you in determining whether there is a system incompatibility problem between your system and ours, but ultimately the problems with any incompatibility is a responsibility you accept. We are not responsible for any error, damage, or other loss you may suffer due to the malfunction or misapplication of any software or system you use, including without limitation, any web browser, any Internet Service Provider, or any equipment you may use, including, without limitation, telecommunication facilities, computer hardware and modem. You are solely responsible for the set-up and maintenance of your computer, modem, or other access devices. Except as specifically required in this Agreement or by applicable law, you agree that we will not be liable for any damage, whether direct, indirect, special or consequential or otherwise, including economic, property, personal, or other loss or injury whether caused by hardware or system wide failure, whether due to a virus or other disabling routine, or otherwise, or resulting from the installation, use, or maintenance of the equipment, or other items necessary to access or use this service.

    1. Virus Protection
      The Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

    e.  Availability of Service
    The Service is available 24 hours a day, seven days a week, except during special maintenance periods. For purposes of transactions, the Bank"s business days are Monday through Friday, excluding holidays and weekends. All Online Banking transaction requests received after 2:00 pm on business days and all transactions, which are requested on Saturdays, Sundays, or holidays on which the Bank chooses to remain closed, will be processed on the Bank"s next business day. The Bank"s business day begins at 9:00 am. The bank does not guarantee availability of the service; the statements as to availability of service are merely the bank"s goal. The bank will make reasonable efforts to make the service available at these times.

    f.  Online Banking Functions You may perform the following transactions:

    • View account balances and transaction history.
    • Transfer funds between your accounts that are checking, money market*, or open-end loan accounts.
    • Place stop payments on checks.

    * Refer to section (i) Limits on Transfers from Accounts.

    g.  Optional Bill Payment Service – Web Payment
    giantbank.com"s Web Payment Online Bill Payment Service ("Web Payment"), offered via CheckFree" Corporation"s WebPay interface, allows you to schedule bill payments via the Internet. Please access Web Payment by clicking the "Bill Payment” button while logged into the Online Banking System. A separate "Terms and Conditions of the Bill Payment Service" shall govern usage of Web Payment. In addition, the following also apply to your use of Web Payment:

    • giantbank.com may terminate your use of Web Payment at any time without prior written notice, for any reason, such as inactivity.
    • Web Payment will be terminated automatically if your Accounts are closed.

    h.  New Services
    New services may be introduced for Online Banking from time to time. The Bank will notify you of the existence of these new services. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services.
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    i.  Limits on Transfers from Accounts
    Federal regulations limit the number of certain types of transfers from savings and money market deposit accounts. Transfers from one account to another, or to third parties, by preauthorized, automatic, telephone transfer, or internet banking are limited to six (6) per statement cycle with not more than three (3) by check, debit card, or similar order to third parties.
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VII. Stop Payment Requests
You may use Online Banking to initiate a stop payment request for any check written on your Account. You agree that any stop payment request shall be null and void after six months from the date of the order, or such earlier time as communicated by us to you.

In initiating a stop payment request, you agree to provide us such information as is required by our standard procedures relating to stop payment requests and as you shall be instructed to provide when initiating the order on Online Banking.

If you fail to provide us with complete information or if the information you provide is incorrect (for example, the name of the payee, check number or amount), you agree that we shall not be responsible for any failure to stop payment on such item. We shall have a reasonable time (not less than twenty-four (24) hours) after receipt of a stop payment request to act upon the request. You agree that if, before receipt of a stop payment request or before a reasonable time to act has passed after receipt of a request, an item has been accepted or certified by us, or if we have paid the item in cash, or settled for the item without receiving a right to revoke the settlement, or have posted the item or otherwise have become accountable for the item, then any stop payment request shall be deemed to have been made too late and shall not be honored by us.

You agree to indemnify and hold us harmless from and against any and all losses, damages and expenses, including court costs and attorneys fees, incurred by us on account of our refusing payment of any check or other item in accordance with your instructions. You further agree not to hold us liable for payment of an item contrary to your stop payment order if same occurs through inadvertence or accident and without gross negligence, or if by reason of such payment, other items drawn on your account are returned insufficient.
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VIII. Fee Schedule
The Bank offers the benefits and conveniences of the Online Banking Service to you free. The optional Bill Payment service is free to personal accounts and $5.95 per month for business customers. Stop Payment requests are charged a processing fee as currently detailed in the bank"s Fee Schedule.
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IX. Disclosure of Account Information You authorize giantbank.com (a division of Landmark Bank, N.A.) and any affiliates to disclose to third parties, agents, and affiliates, such as independent auditors, consultants, or attorneys, information you have provided or that we, or our affiliates, have obtained about your accounts and the transfers you make:

  • Where it is necessary for completing transfers; or
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  • In order to comply with government agency or court orders; or
  • As explained in the separate Privacy Policy.

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X. Our Responsibilities
If we do not properly complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:

  1. If, through no fault of the Bank, you do not have enough money in your account to make the transfer.
  2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken.
  3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
  4. If your funds are subject to legal process or other encumbrance restricting the transfer.
  5. If your transfer authorization terminates by operation of law.
  6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately.
  7. If you have not properly followed the instructions on how to make a transfer provided by the Bank.
  8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
  9. If we have a reasonable basis for believing that unauthorized use of your password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.

There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be 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.

If any of the circumstances listed above occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
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XI. Inactivity/Termination
We can terminate your electronic banking privileges under this Agreement without notice to you if you do not comply with the agreement governing your deposit or loan accounts or if your accounts are not maintained in good standing. At our discretion, we may notify you if we terminate the Agreement or your use of the Services for any reason.

If you do not sign onto the Service during any consecutive 90-day period your Service will be considered inactive. You must contact us to have the Service re-activated before you will be able to access the Service.
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