NetTeller Banking Agreement

This NetTeller Banking Agreement (the “Agreement”) covers the use of American Bank’s NetTeller Banking Services (the “Service”).  This Agreement and your Fee Schedule, Electronic Funds Transfer Disclosure (the “EFT Disclosure”), Deposit Account Agreement, and any other supplemental disclosures American Bank provides you from time to time, are contracts between you and the American Bank, and you should read these agreements carefully and keep them for future reference. 

Effectiveness of Agreement

By accessing the NetTeller site or any pages of the site or by using the Service, you agree to be bound by this Agreement.  If you do not agree to the terms and conditions of this Agreement, please do not access the NetTeller site, or any pages, or use the Service. 

Definitions.  The following terms and definitions apply when used in this Agreement.

Authorized Account means the primary account designated by you that will be debited for all payments initiated through the Service.  An account that requires more than one signature to make withdrawals may not be designated as an Authorized Account.

Bank means American Bank, and its successors and assigns.

Payees mean one or more third parties that have been selected by you in advance to receive payment through the Service.

PC means a personal computer that meets the requirements for use of the Service.

PIN means your personal identification number, as may be changed from time to time, that is used to obtain access to the Service.

Related Accounts means any account you designate to be accessed by the Service.  You may make transfers between certain accounts (such as checking, savings or money market accounts) but may access other accounts (such as CDs or IRAs) for inquiry purposes only.

Service means the NetTeller Banking Services provided by the Bank pursuant to this Agreement.

We, us and our means American Bank, and any agent, independent contractor, designee, or assignees that we may, in our sole discretion, involve in the provision of the Service.

You, your and yours means each and every person who now or hereafter subscribes to the Service or uses the Service and each and every person who now or hereafter is an account holder of, or who has an interest in, any Authorized Account.

Other definitions appear in the text of the Agreement.

Third Party Providers and Agreements

The American Bank may provide the Service through one or more third parties with whom American Bank has contractual or other relationships.  The Service is subject, in all respects, to the terms of the contracts with third parties.

In using the Service, you will be accessing internet sites that are maintained and controlled by third parties.  Although American Bank believes that the third parties and the sites maintained by those third parties are reliable and secure, American Bank cannot provide any assurance as to the reliability and security of the third parties or the sites.

Exclusion of Warranties
The warranties, if any, stated in this Agreement are limited warranties and are the only warranties made by the American Bank.  WE DO NOT MAKE, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO WARRANTY BY AMERICAN BANK OF ANY KIND  SHALL BE IMPLIED.  The stated limited warranties are in lieu of all liabilities or obligations arising out of or in connection with the delivery, use, or performance of the Service. 

Limitation of Liability

Our sole obligation to you arising out of (i) the non-availability of the Service, or (ii) an interruption or delay in providing such Service shall be to use commercially reasonable efforts to resume Service or to notify you of the termination of the Service .  ANY LIABILITY OF  AMERICAN BANK ARISING FROM USE OF THE SERVICE IS LIMITED TO THE FEE YOU PAID THE AMERICAN BANK FOR THE TRANSACTION THAT GAVE RISE TO THE ALLEGED LIABILITY.  YOU AGREE THAT THIS DAMAGE LIMITATION IS COMMERCIALLY REASONABLE IN LIGHT OF THE VALUE OF THE SERVICE.  ACCESSING HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK.  LINKS PROVIDED BY THOSE SITES ARE NOT INVESTIGATED, MONITORED OR ENDORSED BY AMERICAN BANK.  The foregoing, the EFT disclosure (for consumer accounts only), and the customer agreement provided to you upon opening your account shall constitute our entire liability and your exclusive remedy.  In no event shall we (or any of our agents, directors, employees or affiliates) be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if advised of the possibility of such loss or damage) arising in any way out of the Service.

Submissions

All information submitted to the American Bank via the NetTeller site shall be deemed and remain the property of American Bank and we may use, for any purpose, any ideas, concepts or techniques contained in information a visitor to this site provides the Bank through this site without liability to us or compensation to you.

Types of NetTeller Banking Services.  You may use your PC to electronically:

1.                  Transfer funds between your Authorized Account and certain Related Accounts;

2.                  If you have applied for and been accepted for the Bill Payment Services, you may order payment of certain bills directly from your Authorized Account in the amount and on the days you request, subject to limitations and time requirements imposed by the Bill Payment Service provider;

3.                  Make balance inquiries, view histories on your Authorized and Related Accounts,  review past or scheduled payments from your Authorized Account, and download transaction information; and

4.                  Send messages to us through e-mail transmissions.

Related Accounts Eligible For Service.  We may change from time to time the accounts that may be designated as Related Accounts.  We also reserve the right (i) to refuse to include any account among your Related Accounts; or (ii) to allow transactions between or among Related Accounts under certain circumstances as provided in this Agreement or as may be required by applicable law.

Certain Limitations of NetTeller Bill Payment Services.  Your ability to initiate transactions and bill payments through the Bill Payment Service is subject to the limitations in the Bank’s EFT Disclosure and the Bank’s Deposit Account Agreement, copies of which were provided to you upon opening your account, and the following limitations:

1. You may not make a payment of alimony, child support, taxes or other court-directed or governmental payments, fines or penalties or a payment to settle a securities transaction through the Service.
2. You may not initiate a payment to a Payee that does not have a U.S. payment address or that has not agreed to accept payments through the Service.
3. You may not make a payment other than in U.S. dollars.  The Bank, from time to time in its sole discretion, may exclude additional transactions from the Service.
4. Bill payments are not made until good and available funding for such payments is available to or through American Bank.

For Consumer Accounts Only.  To the extent you use the Service to make electronic fund transfers (EFT’s), your rights and obligations regarding such EFTs are set forth in full in our EFT Disclosure, a copy of which was provided to you upon opening your account.  The EFT Disclosure sets forth, among other rights and obligations, limitations on EFT’s, your right to documentation of EFTs, our business days, stop payment procedures, our liability for failure to stop payments, your liability for unauthorized transfers, procedures for addressing errors and questions regarding EFTs and payments, disclosure about your accounts and transfers to third parties, and other disclosures required by law.

ACH Authorization.  By using the Service, including the Bill Payment Services you are authorizing transactions including debit and credits to your account to be initiated by third parties through the automated clearing house or “ACH” system.  You may be required to provide additional information or authorizations to facilitate the ACH transactions.  You agree to provide the additional information or authorizations to American Bank, or third parties requiring the information or authorizations, as a condition to your use of the Service.

PC Specifications.  In order to use this Service, your PC must be equipped with Netscape Navigator 4.7 or higher, or Microsoft Explorer 5.5 or higher.  The browser must support 128-bit SSL encryption.  Windows operating system must be Windows 98 or higher.

Virus Protection.  We are not responsible for any computer virus or related problems that may be associated with the use of an on-line system.  We recommend that you routinely scan your PC and diskettes using a reliable virus detection product to remove any viruses found.

Identification of Payees.  You are responsible for providing accurate and sufficient information about each Payee and the Authorized Account to debit, as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct account to credit with your payment.  By providing us with the names, addresses, phone numbers, and account numbers of those Payees to whom you wish to direct payments, you authorize us to follow the payment instructions that we receive from you through the Service.  We are entitled to rely on the accuracy of all information you provide, and we are not responsible for losses due to inaccuracies in such information.  From time to time, in our discretion, we may set or change the number of Payees you may designate to receive payments through the Service.

Payment Scheduling.  You are responsible for scheduling the payments to be made through the Service.  Any payments made using the Service require sufficient time to credit your account properly.  To avoid incurring a finance charge or any other charge, you should schedule your payment to arrive in advance of the due date indicated on your bill.  All payments or transfers should be scheduled to transact at least ten (10) business days before the actual due date, not the late date.  You must make sure that the date and time on your PC are correct since payment scheduling is based on your PC’s clock.  We are not responsible for delays in payments, including late fees or penalties that may accrue, due to your failure to meet your obligations set forth in this Agreement or your failure to maintain good and available funds in the Authorized Account for the payments initiated through the Service.

Electronic Messaging (E-Mail).  The Service provides you with the ability to send and receive messages to and from us by e-mail.  E-mail is not a secure method of communication, and we recommend that you do not send confidential or privileged information, such as account numbers and financial information, by e-mail.  Please remember that we have no control over the performance of the Internet, and we may not timely receive an electronic message sent by you.  If you need to contact us immediately, please call our Customer Support at (406) 222-2265 or (800) 255-7911 during our regular business hours. No action will be made on any e-mail message you send to us until we actually receive your message and have a reasonable opportunity to act on it.  You cannot use e-mail messaging to make a bill payment, account inquiry, stop payment or funds transfer.  There may be other limitations to your use of e-mail messaging from time to time in effect.

Availability of Services.  American Bank will use its commercially reasonable best efforts to provide the Service.  We cannot guarantee that the Service will be available at any particular time, including during periods of disruption of communication services or for maintenance of required computer hardware or software.

PIN and Security.  You authorize American Bank to follow any instructions entered through the Service using your PIN.  Your PIN should be unique to you and you should change it regularly.  Do not use birthdates or other numbers or words that may be easy for others to guess.  You agree and intend that the authorization of transactions through the Service shall be considered the same as your written signature in authorizing us to perform any actions relating to the transactions requested.  You also agree that use of your PIN is the agreed security procedure to access the Service.  You agree not to give or make available your PIN to any unauthorized individuals. If you believe that your PIN has been lost or stolen, or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify us AT ONCE by:

Writing us at:

            American Bank
            Attention:  NetTeller Supervisor
            PO Box 2290
            Livingston, MT  59047-2290

And/or 

Telephone us at:

            During business hours at (406) 222-2265 or (800) 255-7911.  Telephoning us
is the best way to limit your losses.

Data Recording.  When you use the Service, the transaction or other information you enter may be recorded.  By using the Service, you consent to such recording.

Incorrect Instructions.  You agree you are solely responsible for giving us correct instructions with regard to the Bill Payment Service.  Your obligation to pay the American Bank the amount made on your behalf is not excused by your failure to give us accurate or proper instructions.

Receipt of Transactions.  Any transfer requests made after 6:00 p.m. Mountain Standard Time on a business day that we are open shall be deemed transacted on the next business day.  When the American Bank makes any requested bill payment, you authorize us to immediately deduct from your specified account the amount of the payment.  If you properly follow the procedures described in this Agreement and in the other documentation provided to you, and the Service fails to post a payment on the instructed date, we will bear responsibility for late charges up to a maximum of $200.00.  In any other event, including but not limited to choosing a payment date less than ten (10) days prior to the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.  We will use commercially reasonable efforts to make your payments properly.  However, we shall incur no liability (or obligation as to late charges or penalties) if we are unable to complete any payments initiated by you through the Service, including, without limitation, because of the existence of one or more of the following circumstances:

1. Your account does not contain sufficient funds to complete the payment or transfer, or the transfer would exceed the credit line of your overdraft account.

2. The NetTeller Bill Payment Service processing center is not working properly and you know, or have been advised by the Service about the malfunction before you execute the transaction.

3. The Payee mishandles or delays a payment sent by the Service.

4. You have not provided the Service with the correct names or account information for Payees to whom you wish to direct payment, or you have otherwise failed to comply with applicable requirements.

5. Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force, strikes, lockouts, acts of governmental authorities, delays of couriers or suppliers, communications equipment failures, or equipment malfunction occurring despite ordinary maintenance) that prevent the proper execution of the transaction.

6. This Agreement has been terminated.

7. Applicable laws prevent completion of the transfer.

8. Unusual or extraordinary circumstances exist which may reasonably indicate improper or unlawful use of any Authorized Account.

Provided none of the eight (8) exceptions to the Service performance obligations are applicable, if the Service causes an incorrect amount of funds to be removed from your Authorized Account or causes funds from such account to be directed to a person or entity other than the Payee designated in your payment instructions, except as provided above, we shall only be responsible for returning the improperly transferred funds to your Authorized Account and for directing to the proper Payee any previously misdirected payments or transfers.   There is no warranty that Service will be uninterrupted or error-free.  Our sole obligation to you arising out of (i) the non-availability of the Service, or (ii) an interruption or delay in providing such Service shall be to use commercially reasonable efforts to resume Service.  EXCEPT AS PROVIDED HEREIN, ANY LIABILITY OF THE AMERICAN BANK ARISING FROM PROVISION OF THE BILL PAYMENT SERVICE IS LIMITED TO THE FEE YOU PAID THE BANK FOR THE TRANSACTION THAT GAVE RISE TO THE ALLEGED LIABILITY.  YOU AGREE THAT THIS DAMAGE LIMITATION IS COMMERCIALLY REASONABLE IN LIGHT OF THE VALUE OF THE BILL PAYING SERVICE.

Charges.  We will charge you five dollars and no cents ($5.00) per month for NetTeller Bill Payment Services. Your first three months of use will be provided to you at no charge.   You agree to pay all fees applicable to the Service.  These fees are listed in our Schedule of Fees and are subject to change from time to time.   You authorize us to deduct all fees from your Authorized Account; or, to the extent that the Authorized Account lacks sufficient funds, from any of your other accounts maintained with us, including but not limited to the Related Accounts.  You also acknowledge that these fees are in addition to any costs you incur for the Internet provider you use to access the Service 

Cancellation of Payment.  If we receive your payment request and you decide you want to cancel or amend the payment, you may be able to revise your payment instructions.  You will not be able to cancel or amend the payment request if the American Bank has already executed it.  We have no liability if the cancellation is not effected, and you agree to indemnify and hold us harmless from any and all liabilities, costs and expenses that we may incur in attempting to cancel or amend the payment.

Return of NetTeller Bill Payment Service Transactions.  In using the Service, you are requesting American Bank  to make payments for you.  If there are not sufficient funds in your Authorized Account to cover the transaction, the payment or transfer transaction may not be completed.  Your bill payment account may be blocked, and additional bill payment activity may not be processed until the account is properly funded and the return(s) cleared.  In this case, you agree that you will immediately upon demand reimburse us the transaction amount that has been returned to us.  Your Bill Payment Service may be terminated due to insufficient fund returns.

Alterations and Amendments.  Unless applicable law requires advance notice of such a change, the terms of this Agreement, applicable fees and Service charges, may be altered or amended by us from time to time.  In such event, we shall send notice to you at your address as it appears in our records.  Any use of the Service after we send you a notice of change will constitute your agreement to such change(s) which will become effective immediately.  Further, we may, from time to time, revise or update Service and related written material and may render all prior versions obsolete.  Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service and/or related written materials and limit access to the Service’s more recent revisions and updates.

Address or Banking Changes.  You agree to promptly notify American Bank customer service in writing of any address change.  Additionally, at least two (2) weeks in advance of any change in your Authorized Account status, or your banking status, you agree to complete and return a new NetTeller Banking Service application.

Termination or Discontinuation.  In the event you wish to discontinue the Service, you must contact us in writing.   Written notice of Service discontinuance must be supplied ten (10) days prior to the actual discontinuance date and must be sent to:

American Bank
Attention:  NetTeller Supervisor
PO Box 2290
Livingston, MT  59047-2290

We may terminate Service to any individual or business at any time and revoke the license to use the Service’s software.  Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

Payee Limitation.  We reserve the right to refuse to pay any Payee to whom you may direct a payment.  We will notify you promptly if we decide to refuse to pay a Payee designated by you, provided that this notification is not required if you attempt to make payments that are prohibited under this Agreement or to a Payee which has not agreed to receive payments through the Service.

Information Authorization.  You hereby authorize the American Bank to verify your credit and employment history and to regularly answer questions and provide information about our experience with you to credit bureaus, check verification systems and others, except as prohibited by federal law.  We are further authorized to state to parties purporting to have items drawn on your account whether such items are good.  In addition, you agree that we reserve the right to obtain financial information regarding your account from a merchant or financial institution to resolve payment problems.

Disputes.  In the event of a dispute regarding any part of the Service, you agree to resolve the dispute by looking to this Agreement, the Electronic Funds Transfer Disclosure, and the Deposit Account Agreement.  You agree that this Agreement, along with all other disclosures and documents we provide to you, is the complete and exclusive statement or agreement between us and you which supersedes any prior agreement, oral or written, and any other communication between us and you relating to the subject matter of this Agreement.  If there is a conflict between what one of our employees or independent contractors says and the terms of this Agreement, the terms of this Agreement shall control.  In addition to this Agreement, you are bound by the terms of any software license granted to you.

Use of Service.  You agree to indemnify, hold harmless, and defend American Bank from and against any and all claims, actions, suits, judgments and expenses (including reasonable attorney’s fees) at your sole expense, arising from your failure to abide by the restrictions on use of the Service set forth herein.  You agree, that in addition to all other limitations contained herein, the following uses of the Service are prohibited:

1. Unauthorized communication of account information, PIN, user name or password to any other person or entity;
2. Use of the Service to copy, distribute, or transmit copyrighted materials without the owners express prior approval;

3. Use of the Service to communicate obscene or defamatory information or to violate any telecommunication postal or other local, state or federal laws or regulations; and

4. Use of the Service for purposes other than transacting business pertaining to your accounts with American Bank.

Special Withdrawal Limitations.  You may make unlimited withdrawals or transfers from savings or money market accounts (MMA) at ATM’s or in person in accordance with the Bank’s then applicable fee schedule.  However, current banking regulations limit savings withdrawals through telephone or NetTeller Banking Service to six per month.  In the case of MMA’s you are limited to six such withdrawals per month of which no more than three can be by check.   Please contact your Personal Banker for additional information.

Assignment.  You may not assign this Agreement to any other party.  We may assign this Agreement to any directly or indirectly affiliated company.  We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. 

No Waiver.  We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized employees.  No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies. 

Change of Terms.  This Agreement and all other Agreements and disclosures relating to your use of this Service may be changed from time to time, but we will provide you with advance notice of such changes to the extent required by applicable law.  We may send notice to you via electronic messaging, and you will be deemed to have received it three days after it is sent, whether or not you have retrieved it by that time.  If you do not agree to the change or amendment, you must discontinue use of the Service to which the change or amendment relates, or cancel your access to the Service.  By using the Service after any change or amendment, you agree to that change or amendment.

Severability.  If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances.  If feasible, any such offending provision shall be deemed to be modified within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken, and all other provisions of this Agreement in all respects shall remain valid and enforceable.

Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, and where applicable by federal law.