Disclosures

Disclosures

Privacy Rights
Online Banking Agreement

NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS

We, our, and us, when used in this notice, mean First National Bank of Gillette. This is our privacy notice for our customers. When we use the words “you” and “your” we mean the following types of customers:

Our consumer customers who have a continuing relationship by purchasing or holding financial products or services such as a (n):

We will tell you the sources of the information we collect about you. We will tell you what measures we take to secure that information.
We first define some terms.

THE INFORMATION WE COLLECT

INFORMATION WE DISCLOSE ABOUT YOU

Online Banking Agreement

Online Banking Access Agreement & Electronic Fund Transfer Act Disclosure

Please read all of the following carefully.

It provides information about First National Bank of Gillette’s Online banking service and contains the disclosures required by the Electronic Funds Transfer Act, as implemented by Regulation E (15 U.S.C. 1693, 12 C.F.R. 205). For the purpose of this agreement, the words "You," "Your," and "Yours" refer to the holder of an account with First National Bank of Gillette and anyone else authorized by that account holder to exercise control over the accountholder’s funds using Our Online Banking services. The words "We," "Us," "Our," and "Bank" refer to First National Bank of Gillette.

This Agreement is a contract that establishes the rules that govern your electronic access to your accounts at First National Bank of Gillette hereafter referred to as Bank. By using Bank’s Online banking services, you agree to be bound by the terms and conditions contained in this agreement. Online Banking transactions are additionally governed by any other separate agreement(s) you may have with Bank, including, but not limited to, the Account Signature Card, the Deposit Account Terms and Conditions, the Truth In Savings Disclosure, and Truth In Savings Addendum that details the Fee Schedule that applies to your account(s).

Receipt of Disclosures
You understand that this agreement incorporates the initial disclosures that the Bank is required to provide to you under Regulation E. You agree to receive these initial disclosures in an electronic format (for example, by viewing them on your computer screen) and you have the ability to print or download this agreement if you wish to retain a copy of it. If you do not have the ability to print or download this agreement you should immediately request written disclosures by contacting First National Bank of Gillette at 307-686-3300 or writing us at P.O. Box 3002, Gillette, Wyoming 82717-3002. You may request disclosures at any time.

Equipment Requirements
You are responsible for maintaining all Internet connections, browsers, hardware and software that are necessary to access FNB Online Banking. The Bank is not responsible for any errors or failures of your computer or software. The Bank is not responsible for any computer virus or related problems that may be associated with your use of this service.

FNB Online Banking currently supports Microsoft® Internet Explorer Version 6.0 or greater. Other browsers can be used but some functionality will not work normally.

Definition of Business Day
Every day is a business day, except Saturday, Sunday and federal holidays that are observed by Bank. Transactions via FNB Online Banking completed after 4:00 p.m. will be treated as a transaction on the next business day. We may treat any correspondence from you, via email, received after 2:00 p.m. on a business day as if we had received it the following business day. All references to time in this document are Mountain Standard Time (MST).

Hours of Accessibility for FNB Online Banking
You may use FNB Online Banking virtually any time, day or night, 7 days a week. However, FNB Online Banking may be temporarily unavailable due to record updating, scheduled system maintenance, or technical difficulties and emergencies.

Services through FNB Online Banking
FNB Online Banking is a consumer electronic banking service provided by the Bank. You understand that if you wish to receive internet banking services for any commercial accounts that you may have, you will have to complete the Cash Management Agreement related to those services and agree to be bound by its terms and conditions.

To use FNB Online Banking services you must have at least one account with Bank, have Internet access, and an e-mail address. To access FNB Online Banking using a personal computer you will need to enter your User ID and password and otherwise satisfy the system’s security procedures.

FNB Online Banking allows you to…

Transfer funds electronically ("transfers") between any of your deposit accounts,
obtain account information, such as the balances, in your savings and checking accounts,
view your account history and find out what checks have cleared,
view checks that have cleared,
access your designated deposit account to pay most bills ("Bill Pay")
receive your monthly statement electronically
initiate stop payment requests online only for paper checks you have written (non-electronically) on your Bank accounts (not FNB Online Bill Pay paper drafts).

Online stop payment requests are processed not later than 9:00 a.m. (Mountain Time) on the business day following the date the stop payment is requested online. To be effective this type of stop payment request must precisely identify the name of the payee, the check number, the amount and date of the check. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account.

Collectively these are referred to as the “FNB Online Banking" banking services.

You understand that the balance figure may not reflect recent transactions, and may include funds that are not subject to immediate withdrawal.

Fees and Charges
For your use of FNB Online Banking you agree to pay the applicable fees and charges. You acknowledge your receipt of the current Fee Schedule (which is subject to change) and that you are aware of the fees and charges set forth therein for your use of FNB Online Banking. You agree that all such fees and charges will be deducted from the Bank checking account designated as the “Primary Checking Account” on your Enrollment Form. If you close your Primary Checking Account, you must contact us immediately to designate another account as your Primary Checking Account. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of FNB Online Banking.

Other fees, such as excessive transfer fees, may apply to services conducted through FNB Online Banking. Please refer to the Fee Schedule that you received when you opened your account with us. If you need an additional fee disclosure, please contact us at 307-686-3300.

Overdrafts (Order of Payments, Transfers and Other Withdrawals).
If your account has insufficient funds to perform all electronic fund transfers that you have requested for a given business day, then:

Electronic fund transfers involving currency disbursements, like ATM withdrawals, will have priority; Electronic fund transfers initiated through FNB Online Banking which would result in an overdraft of your account may, at our discretion, be cancelled; and in the event the electronic fund transfers initiated through FNB Online Banking which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account.

Bill Payment Services
The Bill Pay service enables you to pay your bills from your personal computer. You understand that you must have a checking account for transactions accomplished through Online Bill Payment Service. You authorize the Bank to charge your designated account(s) for any transactions accomplished through the use of Online Bill Payment Service, including the amount of any bill payment or transfer that you request, and any charges for the service. You understand that by registering for Online Bill Payment Service, even if no payments are scheduled, you are electing to use the bill payment feature of FNB Online Banking and will be charged as stated below. To discontinue the bill payment service and service charge, you must contact the Bank by calling us at 307-686-3300 or by mail to First National Bank of Gillette, P. O. Box 3002, Gillette, WY 82727-3002. You authorize the Bank to process bill payments and transfers according to the instructions we receive from you through FNB Online Banking. You authorize us to initiate any reversing entry or reversing file, and to debit your accounts maintained at the Bank, or elsewhere, in order to correct any mistaken credit entry. Your obligation to pay the amount of the bill payment or transfer to the Bank is not excused in such circumstances.

You must designate the Bank account from which the payments are to be made; the complete name of the payee, the account number, and the payee’s remittance address, all exactly as shown on the billing statement or invoice; the amount of the payment; and the date you want the payment to be debited from your account. If the date you want the payment to be debited from your account is not a business day, your account will be debited not later than 5:00 p.m. (Mountain Time) of the next business day. By using the Online Bill Payment Service option you agree that, based upon instructions received under your password, we can charge your designated account by electronic transfer, “no signature required draft”, or by debiting and remitting funds on your behalf. You also agree that any fees incurred through your use of Online Bill Payment Service will be charged to your Primary Checking Account. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly.

If the payee is to be paid by paper check (as indicated on Online Bill Payment Service), you understand and agree that paper checks are mailed to the payee. The payee may not receive the payment until 5 to 8 business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on Online Bill Payment Service), you understand and agree that the payee may not receive payment until 72 hours after the date the payment is debited from your account. You understand and agree that we are not responsible for the timely delivery of mail or the improper transmission or handling of payments by a third party, such as the failure of the bill payment payee to properly post payment to your account.

To cancel a bill payment that you have scheduled through Online Bill Payment Service, you must cancel the payment online via Online Bill Payment Service by following the onscreen instructions) before 4:00 p.m. (Mountain Time) on the date the payment is scheduled to be debited from your account.

Stopping the payment of a check is different from the cancellation of a bill payment. Once a bill payment has been debited from your account, you cannot cancel or stop a bill payment which has been paid electronically. You may be able to stop an Online Bill Payment Service bill payment paid by paper draft by contacting us before the paper draft has cleared. (You will have to contact us to determine if the paper draft has cleared). If the paper draft has not cleared, we will immediately process your stop payment request. We will notify you immediately if the paper draft has already cleared. To be effective, this type of stop payment request must precisely identify the name of the payee, the payee-assigned account number, the amount and scheduled date of the payment, and the payment ID number assigned by the Online Bill Payment Service. Stop payment charges for Online Bill Payment paper drafts will be assessed.

The Bank may charge you a monthly service fee in accordance with the current Fee Schedule ( which is subject to change).

We will automatically deduct the service fee from your checking account every month. We will continue to charge your account monthly on the same day (or the next business day if the due date falls on a Saturday, Sunday or federal holiday), until the service is discontinued.

If you do not have sufficient funds in your account on the date the fee or charge is payable, you authorize the Bank to automatically deduct the payment from your account and you understand that you may be charged an additional insufficient fund fee to make the payment for the Bill Pay service.

Security Procedures
A password will be issued to you for security purposes. You understand that this password will be used only the first time you access the service, when you must choose a new, permanent password. The password is confidential and should not be disclosed to third parties. The identity of your password is not communicated to us. No one from the bank will ever ask for your password. You are responsible for the safekeeping of your password. You should never provide your password to someone requesting it. You agree not to disclose or otherwise make available your password to anyone not authorized to sign on your accounts. If you permit another person to use the service or give them your user ID and your password, you are responsible for all activity the person initiates even if he/she exceeds your authorization. You accept responsibility to change your password regularly.

Upon four unsuccessful attempts to use your password your access to FNB Online Banking will be revoked. In the event your login or password is no longer valid you will need to re-establish your authorization. To re-establish your authorization to use FNB Online Banking you must contact us to have your password reset and obtain a new temporary password. We recommend that you create a password that utilizes both upper and lower case alpha and numeric characters for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, and date of birth or names of children. Your password should be memorized rather than written down. Your password must contain at least six characters of which one must be numeric.

Your FNB Online Banking password is used only for FNB Online Banking and bill payment transactions. You will be prompted from time to time to change your password for additional security. You may change your password at any time by selecting the Change Password option.

You agree that you have considered the security procedures of the FNB Online Banking service and find that the security procedures are commercially reasonable for verifying that a bill payment transfer, or other communication from you is, in fact, yours.

You understand the importance of your role in preventing misuse of your accounts through FNB Online Banking, and you agree to promptly examine your paper statement for each of your Bank accounts as soon as you receive it. Data transferred via FNB Online Banking is encrypted in an effort to provide transmission security, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that data transfers utilizing FNB Online Banking, or e-mail transmitted to and from us, will not be monitored or read by others.

Liability for Unauthorized Use
You will notify us immediately if you believe that your password has become known to an unauthorized person or if someone has transferred money or made payments without your permission. You understand that calling us in such cases is the best way of keeping your possible losses to a minimum. If you suggest that an unauthorized transfer or bill payment may have occurred, we may require you to sign an affidavit verifying such occurrence.

You understand that you can lose all the money in your deposit accounts accessed through FNB Online Banking if you do not inform us that your password has become known to an unauthorized person. If you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if an unauthorized person used your password to access FNB Online Banking without your permission.

If you do not tell us within 2 business days after you learn that your password has become known to an unauthorized person, and we can prove that you could have stopped someone from using your password without your permission if you had told us, you can be liable for as much as $500.00.

If your statement shows electronic funds transfers that you did not make, you must notify us immediately. The Bank may require you to provide your complaint in the form of an affidavit. If you do not tell us about unauthorized transfers within 60 days after your account statement is mailed to you, you may not get back any money that you lose after the 60 day period if we can prove that, had you told us about the unauthorized transfers on time, we could have stopped someone from taking the money.

Liability for Failure To Make Payments
If we do not send a bill payment or make a transfer on a timely basis, as set forth in this agreement, or in the correct amount according to your instructions, we may be liable for damages caused. However, we will not be liable if...

through no fault of ours, your designated funding account does not contain sufficient funds to make the payment or transfer, if your account is closed, or if it has been frozen; if the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts; if you, or anyone authorized by you, commits fraud or violates any law or regulation;
the equipment, ATM network, phone lines, or computer systems were not working properly or were temporarily unavailable and you knew about the breakdown when you started the transfer,
circumstances beyond our control, such as fire or flood, prevented the bill payment or transfer, despite reasonable precautions we have taken,
a court order or legal process prevents us from making a transfer or bill payment,
you have reason to believe that there has been unauthorized use of your password and you fail to notify us as set forth above, or
the payee does not process a payment correctly, or in a timely manner.
if you have not provided us with complete and correct payment information for the Bill Payment Service including, without limitation, the name, address, your payee-assigned account number, payment date, and payment amount for the payee on a bill payment; if you have not properly followed the on-screen instruction for using FNB Online Banking.

There may be other exceptions stated in other agreements with you. If any of the circumstances listed in 3) or 4) above occur, the Bank shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or may have been processed incorrectly. In no event shall the Bank be liable for consequential damages.

Limitations
You understand that the federal limitations on transfers applicable to Money Market Accounts and Savings Accounts during each statement cycle will apply to and limit the number of transfers that can be made through FNB Online Banking. You may not make more than 6 transfers per month by means of FNB Online Banking. You should refer to your Deposit Account Agreement or contact us for additional information.

You may be subject to the payment of penalties for early withdrawal with respect to transfers from certain of these accounts. Please refer to the disclosure documents you received at the time these accounts were established for more detailed information on limitations, restrictions and early withdrawal penalties applicable thereto.

Errors or Questions
If you think your statement is wrong, or you need more information about a transfer listed on the statement, contact First National Bank of Gillette at (307) 686-3300 or write us at P.O. Box 3002, Gillette, Wyoming 82717-3002. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appears.

When notifying us, tell us your name and account number;
Describe the error on the transfer in question, and explain as clearly as you can why you believe it is an error or why you need more information
Tell us the date and 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. 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 credit your account.

We will determine whether an error occurred within 10 business days (20 business days if your account has been opened for 30 days or less) 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 if your account has been open for 30 days or less) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if your account has been opened for 30 days or less) 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 you are a new customer, an account is considered a new account for 30 days after the first deposit is made.

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

Account Information Disclosure

As it specifically pertains to electronic funds transfers, we may disclose information to third parties about your account and the payments or transfers you make as stated in our Privacy Policy. Our Privacy Policy has been provided to you at the beginning of this document. You may also contact us to receive a separate copy of our Privacy Policy statement. You agree that you have been given the opportunity to read the Privacy Policy.

Documentation and Verification of Payments / Transfers

Confirmations
Upon completion of an Online Banking transaction, a confirmation will be provided. We recommend that you print the transaction results for verification purposes. You should record this in your checkbook register as a permanent record of the transaction. This will help in resolving any problems that may occur.
Periodic Statements
Information concerning Online Banking transactions will be shown on your normal statement for the account to and from which transfers or payments are made. If you have a checking or money market account, you will receive a monthly statement. If you have a savings account, you will receive a statement during months with electronic funds activity or quarterly if there is no such activity.

Other Conditions
You are responsible for complying with all terms of this agreement and the regulations governing the deposit accounts that you access through FNB Online Banking. We can terminate your FNB Online Banking privileges without notice to you if you do not pay any fee required in this agreement when due, if you have insufficient funds in any one of your Bank accounts, or if you do not comply with this agreement. The regulations governing your deposit account are set forth in your account information disclosure, a copy of which is available from our offices located at 319 South Gillette Avenue, Gillette, Wyoming. You may terminate this agreement and your use of FNB Online Banking services by notifying us at (307) 686-3300.

We may terminate your access to FNB Online Banking services upon 3 – business days’ notice, if you do not contact us to designate a new Primary Checking Account immediately after you close your Primary Checking Account. Upon reasonable notice, for any other reason in our sole discretion.

We may terminate this agreement and your use of FNB Online Banking services without notice if you do not log on for a period of more than 90 days. If this occurs, you will have to repeat the registration process for FNB Online Banking services. We reserve the right to temporarily or permanently discontinue FNB Online Banking services at any time by mailing to you, at the address shown in our records, a notice stating the date termination will occur and that no transfers or orders payable to third parties via FNB Online Banking services will be honored if received the day of termination and thereafter. We will inform you of such termination in accordance with applicable law or regulation.

FNB Online Banking services may be reinstated, in our sole discretion.

Change In Terms
The Bank may change any term or condition of this agreement at any time, and will mail or deliver a written notice to you at least 21 days before the effective date of any change in a term or condition if the change would result in increased fees or charges, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law or unless an immediate change is necessary to maintain the security of an account or electronic fund transfer system.

We will post any required notice of the change in terms on the Bank website or forward it to you by e-mail or by postal mail. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic funds transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject FNB Online Banking services indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reverse charges or fees in individual situations. You acknowledge and agree that changes or fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures .

Contact Information
Unless this Agreement provides otherwise, you can communicate with us in of the following ways;

In Person:
You may visit us in person at our office:
First National Bank of Gillette
319 South Gillette Avenue
Gillette, Wyoming 82716
(307) 686-3300

Lobby Hours:
Monday-Thursday 9:00 a.m. – 4:30 p.m.
Friday 9:00 a.m. – 5:00p.m.

Drive-Thru and Walk-Up Window
319 South Gillette Avenue
Gillette, Wyoming 82716
(307) 686-3300

Drive-Thru Hours:
Monday-Friday 8:00 a.m. – 6:00 p.m.
Saturday 9:00 a.m. – 12:00 p.m.

You may contact us through e-mail. Please note that e-mail, in general, is not a secure means of communication. If the information you need to convey to Bank is of a sensitive nature (account numbers, Social Security Number, passwords or PINs), please contact us by phone, U.S. mail or come visit us in person.

Consent to Electronic Delivery of Notices
Your agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank website or by e-mail. You agree to notify us immediately of any change in your e-mail address.

By using FNB Online Banking, you agree that you have received and understood this agreement and disclosure and will be bound by all the terms and conditions of this agreement just as if you have signed this agreement.

If you do not agree to be bound by the terms of this agreement, you understand that you will notify us to discontinue your FNB Online Banking services.

Additional Terms
The terms and conditions of the deposit agreement and disclosures of each of your Bank accounts, as well as your other agreements with Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

This Agreement is also subject to applicable federal laws and the laws of the State of Wyoming (except to the extent this Agreement can and does vary such rules or laws). T You agree to exclusive jurisdiction and venue in Campbell County, Wyoming. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Bank’s successors and assigns. Certain of the obligations of these parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Enrollment Form and Fees Schedule, constitutes the entire agreement between you and Bank with respect to subject matter hereof. There are no understandings or agreements relative hereto which are not fully expressed herein.

Notice: The terms and conditions of this Agreement are incorporated by reference by the parties to the Enrollment Form. It is intended that the signatures of the parties to the Enrollment Form be construed as the execution of this Agreement.

First National Bank of Gillette Online Fee Schedule

Effective July 1, 2005:
All users with full access to their accounts receive the Bill Pay feature free for 90 days, Thereafter:
Monthly Service Charge for Online Bill Payment Service
   $5.95 ( includes first 20 transactions)
   $ .50 for each additional bill transaction thereafter

Hometown account holders:
Monthly Service Charge for Online Bill Payment Service
   No monthly Service Charge ( includes first 20 transactions)
   $ .50 for each additional bill transaction thereafter