Internet Banking
Terms & Conditions

INTERNET- ONLINE BANKING TERMS, DISCLOSURES & AGREEMENT

The first time you access your accounts through Internet Banking, you agree to be bound by the terms and conditions of this Internet Banking Agreement ("Agreement") and acknowledge its receipt and your understanding of its terms.

Introduction.

This Agreement explains the terms and conditions for accessing accounts and conducting transactions at Coffee County Bank (“Institution”, “we”, “us” and “our”) via our on-line Internet Banking site(s) ("Internet Banking").  As used in this Agreement, the terms “Customer”, "you" and "your" refer to each person signing an Internet Banking Application.

Services And Benefits of Internet Banking.

Through Internet Banking, you can manage eligible accounts from your home or office on a personal computer.  Internet Banking can be used to conduct any of the following “On-line Financial Services”:

  • Obtain balances and transaction histories on all eligible accounts including your checking, savings, and loan (accounts) enrolled in Internet Banking (All account balances and transaction histories reflect activity through the close of the previous banking day);
  • Transfer money between your checking and savings.  (The number of transfers you can make from account is limited as described in the applicable account agreement.  In addition, if a hold is placed on any funds deposited in an eligible account, you may not transfer the portion of funds being held until that hold expires); transfer money to pay Institution for overdraft protection, consumer loans, home equity loans, or certain other eligible loans; and pay bills to any merchant, financial institution or an individual with a U.S. address.
  • Pay bills directly by computer from your checking account in the amounts and on the days you request.
  • Through Popmoney® services: (1) you may initiate a payment Instruction from your transaction account to an account at a U.S. financial institution and/or (2) receive a payment from another person into a transaction account, in U.S. dollars (or in gift card value, if applicable).

Institution may, from time to time, introduce new On-line Financial Services.  By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments.

Limitation On Frequency And Amount.

  • Any account that requires two or more signatures to make withdrawals, transfers or other transactions is not eligible for On-line Financial Services.
  • Transfers and bill payments are limited up to a daily limit based on the available balance in your accounts. 
  • Transfers from a money market deposit account or a savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer are limited to six per month or statement cycle, with no more than three by check, debit card, or similar order to third parties.
  • Note:  Payment of taxes or court-directed payments through the service is prohibited.

Popmoney® Personal Payments Service And Prohibited Payments. 

The following types of payments are prohibited through the Popmoney® personal payments service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

  • Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
  • Payments that violate any law, statute, ordinance or regulation; and
  • Payments that violate the Acceptable Use terms below; and
  • Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
  • Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
  • Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business" activities: the sale of traveler's checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and
  • Tax payments and court ordered payments; and.
  • In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion.  In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments.  We have no obligation to research or resolve any claim resulting from a prohibited payment.  All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.  We encourage you to provide notice to of any violations of this section or the Agreement generally.

Acceptable Use.

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service.  We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way.  In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.

Security & Protecting Your Account.

We are strongly committed to protecting the security and confidentiality of our customer accounts information.  We use several techniques to help secure our Internet Banking service, including the following:

  • You can only access Institution with certain browsers that have a high security standard.
  • Your account numbers are never displayed in full - only the last 4 digits can be viewed.
  • You must have a valid Internet Banking ID and personal identification number ("PIN") to logon.
  • If no action is taken for 10 minutes, you will be automatically logged off the Internet Banking service.

Requirements.

To access On-line Financial Services you must have Microsoft® Internet Explorer 9.0 or a later version, or current version of Google Chrome, or compatible web browser and 128-bit data encryption.

In addition to compatible software, you must have an Internet Banking ID, a personal identification number ("PIN") and maintain one or more of the following eligible accounts at Institution:  Checking, Savings, Certificate of Deposit, and Loans.

On-line PIN.

Your PIN will give you access to Institution accounts via Internet Banking.  Institution is entitled to act on any instructions it receives using your PIN.  For security purposes, it is recommended that you memorize your PIN and do not write it down.  We also recommend that you change your PIN regularly to try and avoid misappropriation by a third party.  Your PIN can be changed at our Internet Banking site.  You are responsible for keeping your PIN and account data confidential.  When you give someone your PIN, you are authorizing that person to use Internet Banking and the On-line Financial Services.  You are responsible for all transactions performed using your PIN, even if you did not intend or authorize them.  In addition, fraudulent transactions initiated using your PIN will be charged against your account(s).

Accessibility.

For purposes of these disclosures, our business days are Monday through Friday.  Holidays are not included.
You can usually access On-line Financial Services seven (7) days a week, twenty-four (24) hours a day.  However, at certain times, some or all of Internet Banking or On-line Financial Services may not be available due to system maintenance or reasons beyond Institution's control.  Institution does not warrant that Internet Banking or On-line Financial Services will be available at all times.  When unavailable, you may use our telephone banking system, an automated teller machine (“ATM”) or an Institution branch office to conduct your transactions.  An On-line Financial Service transaction initiated prior to 5:00 PM (Eastern Time) on a banking day is posted to your account the same day.  All transfers completed after 5:00 PM (Eastern Time), or on a non-banking day, will be posted the following banking day.

Restrictions.

You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Internet Banking or On-line Financial Services.  You may not gain, or attempt to gain, access to any Internet Banking and/or On-line Financial Service server, network or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous or defamatory content in any communications with Institution or its suppliers.

Bill Payment Service.

The Bill Payment service allows you to schedule bill payments through Internet Banking.  There is no limit to the number of payments that may be authorized and you may pay any merchant or individual approved by the bill payment provider, however, the amount of any individual payment may not exceed $9,999.99.  While payments are initiated by you electronically, they are ultimately paid via an automated clearinghouse (ACH) network or by a paper check.  Payments delivered over an ACH network are governed by the rules and performance standards of that network.

By furnishing the names of your payees/merchants and their addresses, you authorize the payment instructions you provide for those payees/merchants.  When payment instructions are received, funds will be remitted from the selected account, to the appropriate payee on your behalf on the day that you request ("Payment Date").  However, there is no obligation to make requested payments unless your account and/or overdraft protection plan has sufficient funds or credit availability to pay the bill as of the Payment Date.  Funds for bill payments will be withdrawn from your account on the applicable Payment Date. 

Stop or Change Any Scheduled Payment.

You may stop or change any scheduled payment, but you must do so by no later than 4:00 PM (Eastern Time) on the Payment Date.  Institution is obligated to pay any late fees incurred by you because of late payments so long as you allow ten (10) business days for payments by check and at least four (4) business days for electronic payments.  Call us at 931-728-1977 in time for us to receive your request three business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you contact us.  (We will charge you $25.00 for each stop-payment order you give.)  If you order us to stop one of these as described above, and we do not do so, we will be liable for your losses or damages.

You cannot stop any transfer between accounts using the Internet.

Institution reserves the right, at its discretion, to implement security features to reduce risk of loss.  These may include requiring pre-authorized drafts, verifying funds through an ATM network, and separating debits from credits so that payments are not sent until after good funds are received.  Institution also reserves the right to terminate your use of Bill Payment services at any time.

If, for any reason, you should ever wish to cancel Internet Banking, we strongly suggest that you cancel all future bill payments at the same time.  This will ensure that future payments and transfers made by you will not be duplicated.  We will automatically delete any outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your Bill Payment service has been terminated.  We will continue to maintain your accounts until you notify us otherwise.

Popmoney® Payment Cancellation, Stop Payment Requests and Refused Payments.  

Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver's Eligible Transaction Account has begun.  Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver's Eligible Transaction Account has begun processing.  Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so.  We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care.  The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule or as disclosed through the Site.  Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins.  When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment.  You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver's decision to accept or not to accept a Payment Instruction initiated or attempted through the Service.  We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

Responsibility.

Neither Institution nor its suppliers will be liable for any transaction if: (i) you do not have enough money in your account to complete the transaction; (ii) a legal order prohibits withdrawals from your account; (iii) your account is closed or has been frozen; (iv) the transaction would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts; (v) you, or anyone you allow, commits fraud or violates any law or regulation in connection with Internet Banking or On-line Financial Services; (vi) any electronic terminal, telecommunication device or part of the electronic fund transfer system is not working properly; (vii) you did not provide us with complete and correct payment or transfer information; (viii) you did not properly follow the instructions for use of Internet Banking or On-line Financial Services; (ix) you knew that Internet Banking and/or the On-line Financial Services were not operating properly at the time you initiated the transaction or payment; (xi) there is postal delay; or (xi) circumstances beyond our control (such as fire, flood or improper transmission or handling by a third party) that prevent, hinder or delay the transaction.

Fees and Charges.

There is no fee for the use of our Online Banking service and our BILL PAY service. Payments to Coffee County Bank accounts and transfers between your Coffee County Bank accounts through our Online Banking are free of charge. BILL PAY payments are free of charge. You may incur fees when using Popmoney® and are charged at the time you send payment after fee is accepted. Other fees, such as overdraft fees, stop payment fees, monthly service charges, dormant account charges, or loan payment late charges may still apply. 

Popmoney® Fees and Charges.

You may incur fees when using Popmoney® and are charged at the time you send payment after fee is accepted. There is a charge for each transaction using Popmoney® of $.50.  Other fees, such as overdraft fees, stop payment fees, monthly service charges, dormant account charges, or loan payment late charges may still apply.

You understand and agree that you are responsible for paying all fees associated with your use of the Service.  Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Request Money, if applicable.  There may be a charge for additional transactions and other optional services.  You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you.  Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply.  You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

Unauthorized Transactions.

You should notify us AT ONCE if you believe anyone has improperly obtained your PIN or if you suspect any fraudulent activity in your account(s).  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account (plus your maximum overdraft line of credit or another deposit account that is designated for automatic transfers).  If your PIN has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50.  If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner.  You should contact us as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record.  We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (If you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days).  If you fail to notify us within the sixty-day (60) period, you may not recover any of the money you lost if we can establish that the loss could have been avoided had you notified us on time.  We may extend these time periods for good reasons such as out-of-town travel or extended hospital stays.

When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. Generally speaking, we will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you.  However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question.  In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation.  If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right to not credit your account.  If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point-of-sale or international transaction.  If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account.  You may request copies of any documents that we use in our investigation.

Your Liability For Unauthorized Transfers Using using Popmoney®.

Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with us at Coffee County Bank, 2070 Hillsboro Blvd., Manchester, TN 37355.  We may also be reached at 800-877-8021 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.  You acknowledge and agree that time is of the essence such situations.  If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission.  If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00.  If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once.  If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time.  If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

Summary Of Our Liability For Failure To Make Transfers.

If we do not 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 your losses or damages as provided by federal law.  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 your account to make the transfer, or in another deposit account designated for automatic transfers.
  • If the transfer would go over the credit limit on your overdraft line.
  • If the transfer service was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  • If the funds in your accounts are subject to a court order or other restriction preventing the transfer.
  • There may be other exceptions stated in our agreements with you.
  • Popmoney® is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
  • You as a sender using Popmoney® have not provided us with the correct information, including but not limited to the correct account information, or the information of the receiver to whom you are sending a payment.

In no event shall we be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the installation, use, or maintenance of the equipment, software, and or the service.

[If you are a business or other entity, which is not a natural person, this section on Summary Of Our Liability For Failure To Make Transfers does not apply to accounts held by you.  You are solely responsible for the security of your secret code.  Any transaction made with your secret code is conclusively presumed to have been authorized by you.  Also, while we will attempt to resolve any suspected errors with respect to your automated banking transactions as soon as possible, we are not bound by the time limits specified below under Error Resolution Procedure.]

Disclosure Of Account Information To Third Parties (Confidentiality).

We do not disclose non-public personal information about you to anyone, except as permitted by law.
Our separate Privacy Policy can be obtained at our website or at either of our Bank locations.

We will disclose information to third parties about your account or accounts or the transfers you make:

  • Where it is necessary for completing transfers; or
  • In order to verify the existence and condition of your account or accounts for a third party, such as a credit bureau or merchants (payees/billers); or
  • In order to comply with government agency or court orders; or
  • If you give us your written permission; or
  • To consumer reporting agencies under applicable law

Summary Of Our Error Resolution Procedure.

In Case Of Errors Or Questions About Your Electronic Transfers

Telephone us at (931) 728-1977

or

Write us at:
Internet Banking Department
Coffee County Bank
P. O. 1109, 2070 Hillsboro Blvd.
Manchester, TN  37349

as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number.
  • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days (90 days for POS transactions, transfers initiated outside of the United States, or for transfers during the first 30 calendar days after the first deposit to a newly established account is made) to investigate your complaint or question.  If we decide to do this, we will recredit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not recredit your account.

If we decide that there was no error, we will send you a written explanation within three business days after completing our investigation.  You may ask for copies of the documents that we used in our investigation.

Errors, Questions, and Complaints Using Popmoney®.

In Case of Errors or Questions About Your Transactions Using Popmoney®

Telephone us at (931) 728-1977

or

Write us at:
Internet Banking Department
Coffee County Bank
P. O. 1109
Manchester, TN  37349

If you think your transaction history is incorrect or you need more information about a transaction listed in the transaction history, we must hear from you no later than sixty (60) days after the transaction in which the problem or error appears is first posted in the transaction history.  You must:

  • Tell us your name;
  • Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification.  We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly.  However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation.  If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error.  If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account.  If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation.  You may ask for copies of documents used in our investigation.  We may revoke any provisional credit provided to you if we find an error did not occur.

Electronic Mail (E-mail).

Sending E-mail is a very good way to communicate with us regarding your accounts or the On-line Financial Services.  However, your e-mail is actually sent via your own software and, as a result, is not secure.  Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution.  You cannot use e-mail to initiate On-line Financial Service transactions.  All such transactions must be initiated using the appropriate functions within the Internet Banking site.  Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.

Disclosure of Information.

Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information, or any ideas, concepts, know-how or techniques contained in that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law.

Links to other Sites.

Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution’s site.  Institution makes no representations about any other web site that you may access to, from or through this site.  Unless expressly stated in writing, Institution does not endorse the products or services offered by any company or person linked to this site nor is Institution responsible for any software or the content of any information published on the site of any third party.  You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

Virus Protection.

Institution is not responsible for any electronic virus that you may encounter using the On-line Fund Services.  We encourage you to routinely scan your computer and diskettes using reliable virus protection product to detect and remove viruses.  If undetected and unrepaired, a virus can corrupt and destroy your programs, files and hardware.

Damages and Warranties.

In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by Internet Banking or the use of the On-line Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. In addition, Institution disclaims any responsibility for any electronic virus (es) Customer may encounter after installation of such software or use of Internet Banking or the On-line Financial Services.  Without limiting the foregoing, neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network.  Institution and its suppliers provide Internet Banking and the On-line Financial Services from their own sites and they make no representation or warranty that any information, material or functions included in Internet Banking or the On-line Financial Services are appropriate for use by you in your jurisdiction.  If you choose to use Internet Banking and/or the On-line Financial Services, you do so on your own initiative and are solely responsible for compliance with applicable local laws and regulations.  Neither Institution nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of Internet Banking, the On-line Financial Services, or contained in any third party sites linked to or from Institution’s web site.  Institution makes no representations or warranties regarding the accuracy, functionality or performance of Internet banking, on-line financial services, or any software that may be used in connection with it. Institution disclaims any express or implied warranties, including any warranties of merchantability, fitness for a particular purpose or error-free operation.

Indemnification.

Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.

Additional Remedies.

Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer.

Termination and Changes in Terms.

Institution reserves the right to terminate this Agreement or to change the charges, fees or other terms described in this Agreement at any time.  When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; or 3) update of our web site.

Applicable Rules, Laws, and Regulations.

You submit to the jurisdiction of, and the laws of the State of Tennessee and the United States of America shall govern this Agreement.  The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses.

Assignment.

Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party.  We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties.  You may not assign this Agreement to any other party.  

Integration.

This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are canceled in their entirety.  Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution.

Severability.

If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control.

Waiver.

Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement.  No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.  We shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us.  No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.  A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Force Majeure.

Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control.  Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection.

Construction.

This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation.  If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law.

Account Rules And Regulations.

Except as changed by this Agreement, all transfers made by use of your computer and secret code are subject to the terms and conditions contained in the signature cards and the applicable customer agreement for your account or accounts.  This Agreement is made as part of that customer agreement.

Exclusions Of Warranty.

The service and related documentation are provided “as is” without any warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

Your Equipment.

Internet banking can be used with a personal computer equipped with a modem.  We shall not be responsible for any attempted use of Internet banking services on equipment or for transaction errors or failure resulting from the malfunction or failure of the equipment you use.  In no event shall we be liable for any loss, damage or injury from whatever cause, nor shall we be liable for any direct, indirect, special or consequential damages arising from or connected in any way with the use or maintenance of the equipment.

Address Change.

You agree to promptly notify us in writing of any address change and any change to your address.

Illegal Activity.

You agree not to use your Account to engage in activities deemed illegal by federal and/or state laws, including, but not limited to, Internet gambling.  If you use your Account to engage in certain activities deemed illegal by federal and/or state laws, you understand that you will nevertheless be liable for any authorized transactions made by the use of your computer or secret code.

Notify

Alerts. Your enrollment in Coffee County Bank Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Coffee County Bank account(s). Alerts are provided within the following categories:
 
Mandatory Alerts provide you with important account notifications, such as information about changes to your Online Banking password, PIN, or login information. You do not have the option to suppress these Mandatory Alerts.


Account Alerts provide you with notification of important account activities or when certain changes are made to your Service accounts, such as scheduled payments made, scheduled payments cancelled and mobile deposits. These Alerts are automatically activated for you. Although you may suppress these Account Alerts, we strongly recommend that you do not do so because they provide important information related to your Service accounts.

Additional Alerts must be activated by you to be enabled. These Additional Alerts can be accessed from the Manage Alerts menu within Coffee County Bank Online Banking and Manage Alerts menu within Coffee County Bank Mobile Banking.

Account Alerts and Additional Alerts must be managed and/or added online through the Service. You cannot maintain all Alerts though your mobile device. We may add new Alerts from time to time, or cancel old Alerts. We usually notify you when we cancel Alerts, but are not obligated to do so. Coffee County Bank reserves the right to terminate its Alerts service at any time without prior notice to you.
 
Methods of Delivery. We may provide Alerts through one or more channels (“EndPoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Coffee County Bank Online Banking message in-box, by an e-mail message. You agree to receive Alerts through these EndPoints, and it is your responsibility to determine that each of the service providers for the EndPoints described in (a) through (c) above supports the email, push notification, and text message Alerts provided through the Alerts service. Please be advised that text or data charges or rates may be imposed by your EndPoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you Alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your Alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.
 
Alerts via Text Message. To stop Alerts via text message, text "STOP" to 99588 at anytime.  Alerts sent to your primary email address will be unaffected by this action. To restore Alerts on your mobile phone, just visit the Alerts tab in Coffee County Bank Online Banking and click the box next to your mobile number for the Alerts you'd like to receive again.  For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at 931-728-1975. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations. Coffee County Bank provides Alerts as a convenience to you for information purposes only. An Alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide Alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any Alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Coffee County Bank’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Coffee County Bank, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.


Alert Information. As Alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that Alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your Alerts will be able to view the contents of these messages.




   
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