LNB Online Banking

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LNB Online Banking Service Agreement and Disclosure Statement

Last amended 4/9/2008

By filling out an electronic banking registration form to subscribe to Online Banking and related services offered by Lamesa National Bank (“Bank”, “we”, “us”, or “our”) as described in this Service Agreement and Disclosure Statement, you (the account holder or authorized signer) agree to the terms and conditions of this agreement. Each person who signs the Bank’s signature card for the account, or is referenced on the Bank’s records as an owner of the account is jointly and severally liable for all transactions initiated through LNB Online Banking service, including overdrafts, even if the customer did not participate in the transaction which resulted in the overdraft.

Please carefully read this entire agreement and keep a copy for your records. By pressing the “ACCEPT” button, you agree to the terms and conditions as set forth in this Agreement. If you decide not to agree to the terms and conditions, you should exit this site.

Each time you use LNB Online Banking service constitutes confirmation by you of your agreement to and the understanding of the terms of this agreement, including any applicable modifications. This agreement is in addition to all other agreements we may have with you including your signature cards or account agreements for your Deposit Account(s) and/or Loan Agreement(s).

Lamesa National Bank may change the information or products mentioned on this site at any time without notice. Information about products and services are provided for informational purposes only.

While Lamesa National Bank makes reasonable effort to provide accurate information; it assumes no responsibility for accuracy. Some information provided to you through this website may contain technical or other inaccuracies or omissions, typographical errors, and may become outdated.

Access to Online Banking

To access the Online Banking service, you must have an account at Lamesa National Bank , access to Internet service, an e-mail address, an Access ID and a Password. For security purposes your Access ID and Password will be mailed separately to the address on file with the Bank. If you do not receive your Access ID and Password within 3 – 5 business days, contact Customer Service at (806) 872-5457. Online Banking can only be used to access Lamesa National Bank accounts on which you are designated as an account owner or signer. Access to your accounts through Online Banking will be based upon the identification of users and authority levels specified in your Account Agreement. We undertake no obligation to monitor transactions through Online Banking or Bill Pay to determine that they are made on behalf of the accountholder.

Hardware and Software Requirements:

You must obtain your own personal computer (a "PC") with a modem and related equipment (the "Hardware"). You also must provide the type of telephone service and Internet access service required by the Hardware and/or Software. Once the Hardware has been properly connected to the telephone service, and any required Internet access has been established, you will be able to access the Lamesa National Bank Online Banking site. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of the Hardware, Software, telephone service, and the Internet access service to your PC, and for all related costs. You are solely responsible for scanning the Hardware and Software for computer viruses and other related problems before you use them. NOTE: Some browser software may store user names and security codes to facilitate the future use of a web site, even if the instruction is not transmitted or authorized by you. For security reasons, you agree to disable this feature in your browser.

Browser Security:

The encryption system used by the Lamesa National Bank electronic banking service is a Secure Socket Layer system that supports 128-bit encryption. In order to use Lamesa National Bank’s Online Banking you must have the Hardware and/or Software to support 128-bit encryption.

Intended Usage

Use of this service is restricted to authorized users. You agree to use Lamesa National Bank’s Online Banking services solely for the purpose intended. If any unauthorized or illegal activity is suspected or detected, system records may be provided to the necessary law enforcement officials.

You may use this service to:

  1. Transfer funds between any Deposit Accounts, such as Checking, Savings, or Money Market;
  2. To receive and view balance and transaction information;
  3. Export your statement information into Microsoft Money or a text file.
  4. To make loan payments.

Account Access

Online Banking services of the Lamesa National Bank are available to you for your convenience 24 hours a day, 7 days a week. However, due to system maintenance, some or all of Lamesa National Bank's Online Banking services may be down at any time or for periods of time. We will attempt to provide prior notice of such interruptions, however we cannot guarantee that such notice will always be possible.

If you fail to log in correctly 3 consecutive times the system will lock you out. This will require you to call or come into the Bank for a password reset. You will need to enter a new password before you are subsequently able to use the system.

Business Days

Everyday is a business day, except Saturdays, Sundays and federal holidays.

Use of Your Access ID and Password

All Lamesa National Bank Online Banking transactions or inquiries must be initiated by the use of your Lamesa National Bank Online Banking Access ID and Password. You agree to keep your Access ID and Password confidential to prevent unauthorized access to your accounts. We recommend that you memorize your Access ID and Password.

You agree to not give your Access ID and Password to any unauthorized persons. No Bank employee will ever ask for your password.

USE OF THE ACCESS ID AND 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 COMMUNICATED THROUGH LAMESA NATIONAL BANK’S ONLINE BANKING SERVICE.

WE STRONGLY RECOMMEND THAT YOU DO NOT DELEGATE AUTHORITY OVER YOUR ACCOUNT TO ANYONE WHO IS NOT AN AUTHORIZED SIGNER FOR YOUR ACCOUNT AS LISTED ON THE ACCOUNT SIGNATURE CARD.

Your password should not be associated with any commonly known personal identification, such as social security numbers, birthdays, names of children, or other codes that may be easy for others to determine as your password. Your Access ID and Password should not be written down. In addition, you must make sure that no one is physically watching when you enter your password. If you’re logged into the service, be sure to log off of the service and exit the browser when you leave the computer unattended. Your session will be automatically terminated after 15 minutes of inactivity. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.

Password Guidelines:

Fees

Access to Lamesa National Bank’s Online Banking is free of charge. Consumer Bill Pay services are available for $5.95 per month with unlimited transactions. Other normal fees and charges will be assessed at Lamesa National Bank’s then current rates.

These fees are subject to change. Lamesa National Bank will send notice to you in writing regarding any fee changes at least 30 days in advance of the effective date of these changes.

Consumer Liability

Tell us AT ONCE if you believe your password has been lost, stolen or compromised or you believe there has been an unauthorized transfer. Telephoning is the best way of keeping possible losses down. Call Customer Service at (806) 872-5457.

Stop Payment Requests

You may ONLY initiate stop payment requests online for paper checks you have written on your account(not Bill Payments or drafts). Online stop payment request are processed at 9:00AM CT on the business day following the date the stop payment has been requested online. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the exact amount and the date of the check. If you make your stop payment request online or by telephone, we may also require you to put your request in the form of a paper writing and get it to us within 10 days after you call. You will be charged $10 per stop payment request. We must receive the stop payment request in time to give us a reasonable opportunity to act on it.

Transfer of Funds

You may use your Password to make an unlimited number of transfers each day from your Checking Account. Federal Regulations limit the number of transfers you may make from a Savings Account to a maximum of 6 transfers, including Online Banking transfers per statement cycle (month), with no more than 3 by check, draft, or similar order to third parties per statement cycle (month). A Fee of $1 will be charged on each Savings account withdrawal in excess of 3 per month.

If you make a transfer through our Online Banking service before 3:00 p.m. on a business day, we will consider that to be the day of your transfer. However, if you make a transfer after 3:00 p.m. or on a non business day, we will consider that the transfer was made on the next business day we are open.

Receipt for Transfer of Funds

You will be provided a confirmation number as your receipt for each transfer. Please print or write down this number when you receive it. It helps us resolve any questions you may have concerning your transactions.

Balances

The account balances shown on Online Banking may not reflect your balance due to deposits that may be in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. The balance will show the most current as of date.

Canceling or Changing Transfers

You may cancel or change any transfer by following the instructions within the application. There is no charge for canceling or changing a transfer.

Transfers

Electronic Mail (E-mail)

You should not rely on electronic mail if you need to communicate with Lamesa National Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that is scheduled to occur). You should call us at (806) 872-5457 or stop by our bank location.

Inactivity/Termination

We may terminate this Agreement and your use of Online Banking and Bill Pay services at any time without cause or prior notice. This Agreement and your use of the available Internet services will be terminated automatically if your account(s) are closed or access to your accounts is restricted for any reason. The Bank reserves the right to terminate this Agreement if the service is not used for a period of 90 days. This Agreement and your use of Online Banking services may be terminated at any time without prior notice due to insufficient funds in one of your accounts or in other circumstances that may create liability for us. After termination on the basis of insufficient funds, you may again enroll once sufficient funds are available in your accounts to cover any fees and other pending transfers or debits. We reserve the right to temporarily suspend Online Banking services in situations deemed appropriate by us, in our sole and absolute discretion, including when we believe a breach of system security has occurred or is being attempted. We may consider repeated incorrect attempts to enter your Access ID or Password as an indication of attempted security breach. Termination of the services does not affect your obligations under this Agreement with respect to occurrences before termination.

To cancel the Online Banking service, you must notify Lamesa National Bank and provide your name, address, and the effective date to stop the service. You may notify us by writing a letter and either sending it to the following address or giving it to a Customer Service Representative at our Bank location:

Lamesa National Bank
ATTN: Customer Service
P. O. Box 301
Lamesa, Texas 79331

Lamesa National Bank will not be liable for any payments made using the Bill Pay service until the Bank has a reasonable time to act on your termination notice.

Modifications to this Agreement

Lamesa National Bank may modify the terms and conditions applicable to the Online Banking service from time to time. You will be notified of changes, either through use of the Online Banking service via a secure message or notice of amendment posted on our website at www.lamesanb.com. Your continued use of this service will constitute your agreement to the changes.

No Liability In Connection with Your Site Access/Use

Lamesa National Bank or the service providers will not be responsible for any direct or indirect, special, consequential, economic or other damages arising in any way due to the installation, use, or maintenance of the equipment, software, the online access service or Internet browser or access software. Lamesa National Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage all of our customers to scan their computer with a reliable virus protection product to detect and remove any viruses.

Our Liability for Failure to Stop Payment of certain Preauthorized Transfers

If you order us to stop one of these payments 3 business days or more before the payment is scheduled, and we do not do so, we will be liable for your proximately caused losses or damages.

Limitation of Warranty and Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW: (1) WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS; AND (2) YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE BANKING SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE BANKING SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE WEBSITE OR IN THE AGREEMENT, YOU AGREE THAT OUR ON-LINE BANKING SERVICE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE BANKING SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE BANKING SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

WE WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INDIRECT OR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE BANKING SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE BANKING SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGILBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless, us and our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Online Banking service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the terms or your infringement, or infringement by any other user of your account at our web site, of any intellectual property or other right of any person or entity.

Miscellaneous

You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms to be unenforceable, the remainder of the terms will continue in full force and effect.

Accepting the Terms and Conditions of this Agreement

The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Online Banking service. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the Online Banking service following notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at our discretion. All notices to us must be made in writing and sent to us at Lamesa National Bank; P. O. Box 301; Lamesa, Texas 79331, via registered or certified mail. This Agreement is personal to you and you may not assign it to anyone.

Upon use of this Website, you accept the terms and conditions of this Agreement. This Agreement is in addition to your signature card, our “Deposit Account Agreement”, “Electronic Funds Transfer Agreement and Disclosure”, “Funds Availability Disclosure”, “Truth In Savings Disclosure”, “Privacy Policy”, and any loan agreement(s). If you do not agree with these terms, do not use this site. Use of this site by you or any person authorized by you indicates your agreement to these terms and conditions and any instructional material that we provide you regarding the services.

It is your sole responsibility to review this Agreement and any subsequent amendments to this agreement prior to logging in. By clicking the “Accept” button you acknowledge you have read and agree to the above terms and conditions.

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