Monroe Bank logo Terms of Use

Terms of Use
Online Privacy Policy
Online Banking Agreement & Electronic Funds Transfer Act Disclosure
Online Banking Cash Management Agreement

MONROE BANCORP/MONROE BANK - Privacy Policy

Online Trust and Investment Management Account Agreement
Protecting Yourself from Identity Theft

Primary Lending Area

Terms of Use
 

Your use of the Monroe Bank web site constitutes your agreement without modification to all of the following terms, conditions and notices. By accessing the web site you agree to be bound by the terms and conditions as hereafter set forth and as amended by Monroe Bank from time to time.

Copyright and Trademark Information
The contents of this site are the property of Monroe Bank unless otherwise indicated, and protected by copyright and trademark laws. All logos, service marks, trade names and trademarks contained within this web site are the sole property of Monroe Bank. It is prohibited for anyone to use such trademarks or any content contained with in this web site for any purpose whatsoever without the prior written consent of Monroe Bank. The web site may contain logos and trademarks of third parties, in which case it is also prohibited to use these marks without the third party’s consent. Copyright law protects the content of this web site. Any unauthorized use of information on this web site may be punishable by law.

Products and Services
Not all financial products and services described on this web site are available in all geographic areas. In addition, you may not be eligible of qualify for all the products and services described herein. Monroe Bank reserves the right to determine your eligibility for any product or service. All products and services are subject to change without notice.

Unlawful and Prohibited Use of the Web Site
Monroe Bank will only utilize information provided by users for lawful business purposes. As a condition of your use of this web site, you warrant to Monroe Bank that you will not use this web site or any information contained on the web site for any purpose that is unlawful or prohibited by these Terms of Use.

Links to Other Internet Sites
This web site may contain links to other web sites operated by third parties. Monroe Bank provides links to other sites as a service to users. The linked sites are not under the control of Monroe Bank and Monroe Bank is not responsible for the content available on the third-party sites. Monroe Bank does not endorse or approve of material and content on any other site. Because we may not always know when information on a linked site changes, Monroe Bank is not responsible for the content or accuracy of any third party website. Monroe Bank shall not be responsible for any loss or damage of any sort resulting from the use of a link on its websites nor will it be liable for any failure of products or services advertised or provided on these linked sites.

Monroe Bank offers links to you on an "as is" basis. When you visit a third party website by using a link on a Monroe Bank site, you will no longer be protected by Monroe Bank’s privacy policy or security practices. The data collection, use and protection practices of the linked site may differ from the practices of Monroe Bank. You should familiarize yourself with the privacy policy and security practices of the linked website. Those are the policies and practices that will apply to your use of the linked website, not Monroe Bank's policies and practices. Monroe Bank is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or reference to or reliance on information contained therein.

Tools and Calculators
This web site may contain tools and calculators. Monroe Bank provides tools and calculators as a service to users, for educational purposes only. Monroe Bank does not guarantee the accuracy of the calculators or the results. Monroe Bank is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such tools and calculators.

No Warranties
Use of this web site and its contents are at the user's sole risk and are provided “as is”, “as available”. Any products, services or information from the web site are to be used at you own risk, with no obligations, warrantees, or liabilities of any type by Monroe Bank. Monroe Bank will not be responsible for any loss, damage to equipment, or incompatibility between the web site and any Web browser, operating system, or device utilized by users. Monroe Bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. Monroe Bank assumes no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. Monroe Bank is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.

INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL MONROE BANK OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEB SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY.

Indemnification
The user agrees to indemnify and hold Monroe Bank harmless from and against any and all claims, losses, liability, cost, and expenses, including, but not limited to attorney’s fees, arising the user’s violation of these Terms of Use or any third party’s rights, including, but not limited to, copyrights, proprietary and privacy rights. This indemnification and hold harmless obligation will survive the termination of these Terms of Use.

Modifications
Monroe Bank reserves the right to change the Terms of Use and modify the contents of the web site without notice.

General
If any part of this agreement is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of the agreement shall continue in full force and effect.

This agreement constitutes the entire agreement between you and Monroe Bank with respect to the use of this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Monroe Bank with respect to this web site. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


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  Online Privacy Policy
   

Internet and Electronic Privacy
With the rapid growth in electronic commerce conducted over the Internet, Monroe Bancorp deploys on-line systems to facilitate the convenient delivery of services and it is the policy of Monroe Bancorp to safeguard our customer's sensitive information. We consider the privacy of our consumers' personal information an important element of their trust and confidence in the bank. See our consumer privacy protection policy for general information about how we use and protect customer information. Specifics of how we use and protect information collected online are described below.

Visitors to our bank Website remain anonymous. We do not collect identifying information about visitors to our site. We may use standard software to collect non-identifying information about our visitors, such as:

• Date and time our site was accessed
• IP address (A numeric address given to servers connected to the Internet)
• Web browser used
• City, state, and country
The bank may use this information to create summary statistics and to determine the level of interest in information available on our site. Communication via e-mail in Monroe Bank’s OnLine banking system (Monroe Bank OnLine) is an encrypted transmission on a secure site. (Information submitted via e-mail from the general web site located at www.monroebank.com is unencrypted and not secure). Please do not send personal information unless you are communicating with us via our secure environment in Monroe Bank OnLine. This information is used internally, as appropriate, to handle the sender's request. It is not disseminated or sold to other organizations.

Some areas of our Website may use a "cookie" temporarily stored in the visitor's computer memory (RAM) to allow the web server to log the pages you use within the site and to know if you have visited the site before.

Security Statement
Our Internet Banking System brings together a combination of industry-approved security technologies to protect data for the bank and for you, our customer. It features password-controlled system entry, a VeriSign-issued Digital ID for the bank's server, a router loaded with a firewall to regulate the inflow and outflow of server traffic, and Secure Sockets Layer (SSL) protocol for data encryption. This technology encrypts, or scrambles, your account information so it is virtually impossible for anyone other than Monroe Bank to read it.

Secure Access and Verifying User Authenticity
To begin a session with the bank's server the user must key in a Log-in ID and a password. Our system, the Internet Banking System, uses a "3 strikes and you're out" lock-out mechanism to deter users from repeated login attempts. After three unsuccessful login attempts, the system locks the user out, requiring either a designated wait period or a phone call to the bank to verify the password before re-entry into the system. Upon successful login, the Digital ID from VeriSign, the experts in digital identification certificates, authenticates the user's identity and establishes a secure session with that visitor.

Secure Data Transfer
Once the server session is established, the user and the server are in a secured environment. Because the server has been certified as a 128-bit secure server by VeriSign, data traveling between the user and the server is encrypted with Secure Sockets Layer (SSL) protocol. With SSL, data that travels between the bank and customer is encrypted and can only be decrypted with the public and private key pair. In short, the bank's server issues a public key to the end user's browser and creates a temporary private key. These two keys are the only combination possible for that session. When the session is complete, the keys expire and the whole process starts over when a new end user makes a server session.

Router and Firewall
Requests must filter through a router and firewall before they are permitted to reach the server. A router, a piece of hardware, works in conjunction with the firewall, a piece of software, to block and direct traffic coming to the server. The configuration begins by disallowing ALL traffic and then opens holes only when necessary to process acceptable data requests, such as retrieving web pages or sending customer requests to the bank. Using the above technologies, your Internet banking transactions are secure.

You can also help maintain the security of your banking information by not sharing your I.D. or password with anyone, by changing your password regularly, and by remembering to sign off. Please note that since we cannot control information on other internet sites, we are not responsible for the content of sites linked from www.monroebank.com.

Children’s Online Privacy Protection Act
From our web site, we do not knowingly collect or use personal information from children under 13 without containing verifiable consent from their parents. We do not knowingly solicit or collect data from children, and we do not knowingly market to children online without express parental consent or notification. Should a child whom we know to be under 13 send personal information to us, we will only use that information to respond directly to that child, seek parental consent, or provide parental notice. We are not responsible for the data collection and use practices of nonaffiliated third parties to which our web sites may link.

For more information about the Children's Online Privacy Protection Act (COPPA), visit the FTC web site: www.ftc.gov

Disclosing Our Privacy Commitment to Our Customers
We want our customers to understand our commitment to privacy issues and our use of confidential customer information. Our customers may obtain a copy of our online privacy policy or our consumer privacy protection policy by:
• visiting any of our Monroe Bank banking center location,
• by calling our Customer Service or Bookkeeping Departments at 812-336-0201,
• by e-mailing us at customerservice@monroebank.com,
• by visiting our web site at www.monroebank.com, or
• by writing to us at Monroe Bank, P.O. Box 2329, Bloomington, IN 47402.

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  Online Banking Agreement & Electronic Funds Transfer Act Disclosure
   

Agreement
This Agreement, which includes the fee schedule and Enrollment Form, is a contract which establishes the rules which cover your electronic access to your accounts at Monroe Bank ("Bank") through our Monroe Bank (MB) OnLine. By using our MB OnLine, you accept all the terms and conditions of this Agreement. Please read it carefully.

MB OnLine provides you with the ability to: review balances on your bank accounts, review account statements, view bank account histories, transfer funds between your accounts, make stop payment requests, change your address, pay bills from your accounts in the amounts and on the dates you request if you have requested the Bill Payment Service, order savings bonds, and other electronic banking services presently or prospectively offered by Monroe Bank through MB OnLine. If you are applying as a Business (Cash Manager) customer you may be eligible for cash management services, subject to existing and required additional agreements. These services are bill payment, direct deposit payroll, collections, EFT Federal tax payments, ACH receipts/debits, ACH payments/credits, wire transfer requests, Fastpay Inclearings, and file transmission. Each Cash Manager service is provided only with prior Bank approval. By using MB OnLine or permitting any other person to use MB OnLine, you are accepting all the terms and conditions of this Agreement and any instructional material which we provide you regarding the MB Online services.

The terms and conditions of this agreement are in addition to those that apply to any accounts you may have with us, any loan or credit agreements with us, or any other services you obtain from us, including but not limited to signature cards, account and deposit agreements and disclosures, fee schedules, and any other agreements with Monroe Bank. The terms of these other agreements 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 Indiana (except to the extent this Agreement can and does vary such rules or laws). If there is no applicable federal law or regulation, this agreement will be governed by and interpreted in accordance with the laws of the State of Indiana. 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 you, your heirs and Monroe Bank's successors and assigns. Certain of the obligations of the 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 Fee Schedule, constitutes the entire agreement between you and Monroe Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions
As used in this Agreement, the words "we," "our," "us" and “MB” mean Monroe Bank. "You" and "your" refer to the account holder authorized by Monroe Bank to use MB OnLine Banking under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through MB. "Account" or "accounts" means your accounts at Monroe Bank. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions, transfers to and from your accounts using MB OnLine including bill payments. "Business days" means Monday through Friday. Holidays are not included.

Joint Accounts
The provisions of this agreement apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this agreement. Each of you acting alone, under assigned log-in ID and password may perform transactions, pay bills, obtain information, stop or change payments or transfers, terminate this Agreement or otherwise transact business, take actions or perform under this Agreement. We are not required to obtain the consent of or notify the other one of you about the actions of the other. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.

Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your Monroe Bank Services. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions.

Access
To use MB OnLine Banking, you must have at least one checking or savings account at Monroe Bank, access to Internet service, and preferably an e-mail address. Once we have received your signed Enrollment Form, and verified your account information, we will send you, either in person or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. MB OnLine can be used to access only the accounts which have been designated for access in your enrollment. You can add or delete any of your accounts from this Agreement by completing a new enrollment form. To utilize the Bill Payment Service, you must have a checking account. We undertake no obligation to monitor transactions through MB OnLine to determine that they are made on behalf of the account holder.

MB OnLine Services
You can use MB OnLine to check balances in your bank accounts, view account histories and statements, transfer funds between your accounts, make stop payment requests, change your address, pay bills, and order savings bonds. Current balance is stated as of the close of the previous business day. Account activity information reflects today's on-line pending (memo) transactions that have not yet been officially posted to your account. Additional services and enhancements to existing services may be added from time to time by Monroe Bank without notice.

Hours of Access

You can use MB OnLine Banking seven days a week, 24 hours a day, although some or all MB OnLine services may not be available occasionally due to emergency, scheduled MB OnLine maintenance, or host computer availability. We agree to post, if practical, notice of any extended periods of non-availability on the Monroe Bank Website.

Your Password
For security purposes, you are required to change your password upon your initial log-in to MB OnLine Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use a password, your access to MB OnLine Banking will be revoked. To re-establish your authorization to use MB OnLine Banking, you must contact us by phone or in person to have your password reset or to 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, birth dates, and children's names, and should be memorized rather than written down.

Security
You understand the importance of your role in preventing misuse of your accounts through MB OnLine and you agree to promptly examine your paper statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and log-in ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via MB OnLine is encrypted in an effort to provide transmission security and MB OnLine utilizes identification technology to verify that the sender and receiver of MB OnLine transmissions can be appropriately identified by each other. Notwithstanding, our efforts to ensure that the MB OnLine is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and could possibly be monitored and read by others. We cannot and do not warrant that all data transfers utilizing MB OnLine, or e-mail transmitted to and from us, will not be monitored or read by others.

Fees and Charges
You agree to pay the fees and charges for your use of MB OnLine Banking as set forth in the current fee schedule. There is no charge for Basic On-line Banking which includes all features except the Bill Payment Service. As of June 1, 2003, there is no monthly charge for Bill Payment Service. As of June 1, 2003, there is no per transaction charge for Bill Payment Service. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for any telephone, cable, satellite and Internet service fees you incur in connection with your use of MB OnLine.

Posting of Transfers
Generally transfers initiated through MB OnLine before 7:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 7:00 p.m. (EST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. MB OnLine identifies transfers based upon the log-in ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of MB OnLine will not reflect transfers made by multiple users from the same account if different log-in IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.

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

1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
2. Electronic funds transfers initiated through MB OnLine which would result in an overdraft of your account may, at our discretion, be cancelled;
3. In the event the electronic fund transfers initiated through MB OnLine 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.
Limits on Amounts and Frequency of MB OnLine Transactions
The number of transfers from MB accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Bill Payment Service (Bill Payer)
You must designate the Monroe Bank account from which the payments are to be made; the complete name of the payee, your account number with the payee, (if applicable), 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 the next business day. By using the 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 your bill payments will be charged to the checking account designated by you. We reserve the right to refuse to pay any payee designated by you. f we do so, we will notify you promptly. The Bank reserves the right to terminate or deny Bill Payment Service.

Scheduling Payments
If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five to eight business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 72 hours after the business day 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 a payment to your account.

Please Note: ANY PAYMENT MADE THROUGH THE BILL PAYMENT SERVICE REQUIRES SUFFICIENT TIME FOR YOUR PAYEE TO CREDIT YOUR ACCOUNT PROPERLY. TO AVOID FINANCE CHARGES OR OTHER CHARGES IMPOSED BY THE PAYEE YOU MUST AUTHORIZE AND SCHEDULE A PAYMENT ON A DATE WHICH IS SUFFICIENTLY IN ADVANCE OF THE DUE DATE OF YOUR PAYMENT. THE BANK SHALL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED OR OTHER ACTION TAKEN BY A PAYEE RESULTING FROM A LATE PAYMENT, INCLUDING BUT NOT LIMITED TO, FINANCE CHARGES AND LATE FEES.

How to Cancel a Bill Payment
To cancel a bill payment that you have scheduled through MB OnLine, you must cancel the payment online via MB OnLine (by following the onscreen instructions) before 3:00 p.m. (EST) on the date the payment is scheduled to be debited from your account.

Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the 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 a bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will, within a reasonable amount of time, process your stop payment request. We will notify you 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 ID number from the Bill Payment View Posting Screen.

You may initiate stop payment requests online via MB OnLine only for paper checks you have written (non-electronically) on your bank accounts (not MB OnLine bill payer paper drafts). On-line stop payment requests made after 3:00 p.m. (EST) Monday through Friday, or on a weekend or holiday, will be processed the next business day. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.

If you make your stop payment request online or by telephone, we also require you to put your request in writing and submit it to us within 14 days after you notify us. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account. Stop payment charges for bill payment paper drafts will be assessed in addition to the stop payment charges for the applicable account.

Periodic Statements
You will not receive a separate online banking statement. Transfers to and from your accounts using MB OnLine will appear on the respective periodic paper statements for your bank accounts.

Change in Terms
We may change any term of this Agreement at any time. We may do so by notifying you by posting a notice at this electronic site, by mail or delivery of a written notice of such amendments or changes. If the change would result in increased fees for any MB OnLine service, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice at least 30 days before the effective date of any such change, unless an immediate change is necessary to maintain the security of an account or our electronic fund transfer MB OnLine. 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 MB OnLine, 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 MB OnLine 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 to fees applicable to specific accounts are governed by the applicable deposit agreements and disclosures and agree to accept notification of any and all changes to these accounts by e-mail.

In Case of Errors or Questions about Your Electronic Transfers, including Bill Payments
(Note: This section applies to personal accounts only)
Contact us as soon as you can, if you think your paper or electronic statement is wrong, or if you need more information about a transfer listed on your paper statement. We must hear from you no later than 60 days after we sent the FIRST paper or electronic statement upon which the problem or error appeared. When you contact us:
1. Tell us your name and account number.
2. Describe the error or 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.
3. Tell us the dollar amount of the suspected error.
4. If the suspected error relates to a bill payment made via the MB OnLine Bill Payment Service, tell us the account number used to pay the bill, payee name, the date the payment was sent, payment amount, tax identification number, and the payee account number for the payment in question. (This information appears on the Bill Payment View Posting Screen.)
If you contact us by telephone or by e-mail, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will tell you the results of our investigation within 10 business days (5 business days if point-of-sale transaction, and 20 business days if new account) after we hear from you and will correct any error promptly. If we need more time, however, we can take up to 45 calendar days (90 calendar days if point-of-sale transaction, or new account, or a foreign initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days if point-of-sale transaction, and 20 business days if new account) 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 credit your account. For the purpose of this paragraph, an account is a new account for a period of 30 days from the date of the first deposit to the account.

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 can ask for copies of the documents that we used in our investigation.

Our Liability for Failure to Make a Transfer
1. If we do not complete a transfer to or from your account, including a bill payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses up to the amount of the transfer or bill payment. However, there are some exceptions. We will NOT be liable, for instance:
2. If, through no fault of ours, you do not have enough money in your account to make a transfer.
3. If a legal order directs us to prohibit withdrawals from the account.
4. If your account is closed, or if it has been frozen.
5. 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, or exceed the balance in your savings account that has been linked to your checking account for overdraft protection.
6. If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
7. If any electronic terminal, telecommunication device, host computer or any part of the electronic fund transfer MB OnLine is not working properly and you were aware of problem when you started the transfer.
8. 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.
9. If you have not properly followed the on-screen instructions for using MB OnLine.
10. If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
11. If you pay a bill too late to arrive at the Payee's place of business on a timely basis.
Your Liability for Unauthorized Transfers
(Note: This section applies to personal accounts only)
CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission.

HOW TO CONTACT US:
1. By telephone at (812) 336-0201;
2. By e-mail at: customerservice@monroebank.com;
3. By Postal Mail at Monroe Bank, Bookkeeping, P.O. Box 2329, Bloomington, IN, 47402; or
4. In person at one of our locations.
An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your accounts (plus your maximum overdraft line of credit, if any). If you contact us within two business days after you learn of the loss, theft, compromise, or unauthorized use of you password, you can lose no more than $50 if someone used your password without your permission.
If you do NOT contact us within two business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your accounts without your permission if you had told us, you could lose as much as $500.

Also, if your paper statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the paper statement was mailed to you, you may not get back any money you lost through transactions made after the 60 day time period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a reason, such as a long trip or hospital stay, kept you from contacting us, we may extend the time periods.

Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the MB OnLine services provided to you under this Agreement. We do not and cannot warrant that MB OnLine will operate without errors or that any or all MB OnLine services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to MB OnLine, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of MB and its affiliates exceed the amounts paid by you for the services provided to you through MB OnLine.

When using MB OnLine to pay bills, you agree that the Bank, without prior notice to you, may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature (e.g., digital signature). When using MB OnLine to make transfers from credit accounts, you agree that the Bank, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging any credit account at bank without your handwritten or legally acceptable electronic signature.

Third Party Network Disclaimer
You may not resell or redistribute any services you receive through MB OnLine or our other services, or from our suppliers. You acknowledge and agree that neither Monroe Bank nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet. You agree to take reasonable steps to ensure that you will NOT use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment. Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited e-mail ("spamming"), propagating computer worms and viruses, or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or that our services and the Internet will have the capacity to meet your demand during specific hours. Neither Monroe Bank nor its suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Monroe Bank nor its suppliers will be liable for unauthorized access to Monroe Bank's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of bank or its supplier's negligence.

In no event will Monroe Bank or its suppliers be liable for any other damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of the services or the Internet. Access to the services and the Internet cannot be guaranteed. You may be unable to access any Internet Service Provider or the Internet at any given time, and disconnections may occur from time to time.

Third Party Software; Virus Protection
Monroe Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with MB OnLine (e.g. Quicken®, Microsoft® Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.

Your Right to Terminate
You may cancel your MB OnLine service at any time by providing us with written notice by postal mail or fax. Your access to MB OnLine will be suspended within three business days of our receipt of your written instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate
You agree that we can terminate or limit your access to MB OnLine for any of the following reasons:
1. Without prior notice, if you have insufficient funds in any one of your bank accounts. MB OnLine service may be reinstated, at our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits.
2. Upon three business days' notice, if you do not contact us to designate a new primary checking account immediately after you close your primary checking account.
3. Upon reasonable notice, for any other reason at our sole discretion.
Communications between Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
• E-mail - You can contact us via e-mail anytime. Note: Information submitted via e-mail is unencrypted and not secure. Please do not provide personal information in any e-mail message.
• Telephone - You can contact us by telephone at 812-336-0201.
• Facsimile - You can contact us by fax at 812-331-3469.
• Postal Mail - You can write to us at: Monroe Bank, Bookkeeping Department, P.O. Box 2329, Bloomington, IN,47402.
• In Person - You may visit us in person at any one of our locations.
Consent to Electronic Delivery of Notices
You 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.

Future Changes to this Agreement
Monroe Bank reserves the right to change or modify this agreement, in its sole discretion, upon giving thirty (30) days notice thereof to you.
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  Online Banking Cash Management Agreement
   

Agreement
This Agreement is a contract which establishes the rules which cover your electronic access to your business accounts at Monroe Bank (“Bank”) through our OnLine Banking Cash Management System (“System”). By using our System, you accept all the terms and conditions of this Agreement. Please read it carefully.

The OnLine Banking Cash Management System provides you with the ability to: review balances on your bank accounts, review account statements, view bank account histories, transfer funds between your accounts, make stop payment requests, change your address, pay bills from your accounts in the amounts and on the dates you request if you have requested the Bill Payment Service, order savings bonds, and other electronic banking services presently or prospectively offered by Monroe Bank (“MB”) through OnLine Banking Cash Management. Business (Cash Manager) customers are eligible for cash management services, subject to existing and required additional agreements. These services are bill payment, direct deposit payroll, collections, EFT Federal tax payments, ACH receipts/debits, ACH payments/credits, wire transfer requests, Fastpay Inclearings, and file transmission. Each Cash Manager service is provided only with prior Bank approval. By using OnLine Banking Cash Management or permitting any other person to use the System, you are accepting all the terms and conditions of this Agreement and any instructional material which we provide you regarding the System services.

The terms and conditions of this agreement are in addition to those that apply to any accounts you may have with us, any loan or credit agreements with us, or any other services you obtain from us, including but not limited to signature cards, account and deposit agreements and disclosures, fee schedules, and any other agreements with Monroe Bank. The terms of these other agreements 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 Indiana (except to the extent this Agreement can and does vary such rules or laws). If there is no applicable federal law or regulation, this agreement will be governed by and interpreted in accordance with the laws of the State of Indiana. 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 you, your successors and MB’s successors and assigns. Certain of the obligations of the 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 Fee Schedule, constitutes the entire agreement between you and MB with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.Definitions - As used in this Agreement, the words “we,” “our,” “us” and “MB” mean Monroe Bank. “You”, “your”, “company”, and “business” refer to the account user or company authorized by MB to use OnLine Banking Cash Management under this Agreement and anyone else authorized by that account holder to exercise control over the account holder’s funds through MB. “Account” or “accounts” means your accounts at MB. “System Services” means the services provided pursuant to this Agreement, including the Bill Payment Service. “Business days” means Monday through Friday. Holidays are not included.

System Administrator
Each company shall assign a System administrator (Primary contact) to communicate with the bank. The System Administrator is the person or persons, preferably no more than two people, who are authorized to contact the bank with requests. Such requests may include but are not limited to changes in access levels for employees, additions or deletions of employees, and resetting of passwords or “cookies”.

Access
To use OnLine Banking Cash Management, you must have at least one checking or savings account at MB, access to Internet service, and preferably an e-mail address. Once we have completed your signed Enrollment Form, and verified your account information, we will send you and your employees, your assigned log-in ID and temporary password. System can be used to access only the accounts which have been designated for access in your enrollment. To utilize the Bill Payment Service, you must have a checking account. We undertake no obligation to monitor transactions through System to determine that they are made on behalf of the account holder.

System Information
Current balance is stated as of the close of the previous business day. Account activity information reflects today’s on-line pending (memo) transactions that have not yet been officially posted to your account. Additional services and enhancements to existing services may be added from time to time by MB without notice.

Hours of Access
You can use OnLine Banking Cash Management seven days a week, 24 hours a day, although some or all System services may not be available occasionally due to emergency, scheduled System maintenance, or host computer availability. We agree to post, if practical, notice of any extended periods of non-availability on the MB Website.

Passwords
For security purposes, each user is required to change their password upon their initial log-in to OnLine Banking Cash Management. Each user determines what password they will use and the identity of their password is not communicated to us. Company agrees that we are authorized to act on instructions received under each password. Company accepts responsibility for the confidentiality and security of its passwords and agrees to change its passwords regularly. Upon three unsuccessful attempts to use an incorrect password, access to OnLine Banking Cash Management will be revoked. To re-establish authorization to use OnLine Banking Cash Management, the administrator must contact us by phone or in person to have the password reset or to obtain a new temporary password.

We recommend that passwords utilize both upper and lower case alpha and numeric characters for purposes of security. Passwords should not be associated with any commonly known personal identification, such as social security numbers, address, birthdates, and children’s names, and should be memorized rather than written down.

Security
You understand the importance of your role in preventing misuse of your accounts through system and you agree to promptly examine your paper statement for each of your accounts as soon as you receive it.. Your passwords and log-in ID’s are intended to provide security against unauthorized entry and access to your accounts. Data transferred via system is encrypted in an effort to provide transmission security and System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other. Notwithstanding, our efforts to ensure that the system is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and could possibly be monitored and read by others. We cannot and do not warrant that all data transfers utilizing System, or e-mail transmitted to and from us, will not be monitored or read by others.

Fees and Charges
There is a $4.95 monthly charge for Bill Payment Service. This charge covers 10 transactions per month. There is a $.45 per transaction charge for each transaction over 10 per month. You agree that all such fees and charges will be deducted from the MB account designated by you as your “Primary Account” on your Enrollment Form, unless agreed to otherwise. If you close your Primary Account, you must contact us immediately to designate another account as your Primary Account. You agree to pay the fees and charges for your use of OnLine Banking Cash Management as set forth in the current fee schedule.The online Cash Management fee schedule is available upon request and may change from time to time. You agree to pay for other bank services used via online banking which are not covered by this Agreement, such as wire transfer and stop payment fees. You are also responsible for any telephone, cable, satellite and Internet service fees you incur in connection with your use of OnLine Banking Cash Management.

Posting of Transfers
Generally transfers initiated through System before 7:00 p.m. (Eastern Standard Time) on a business day are posted to your account the same day. Transfers completed after 7:00 p.m. (EST) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. System identifies transfers based upon the log-in ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in both the Transfer and Bill Payer menu options of system will not reflect transfers made by multiple users from the same account if different log-in IDs are used. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers or bill payments from your accounts in order to avoid overdrafts.

Overdrafts (Order of Payments, Transfers, and other Withdrawals)

If your account has insufficient funds to perform all electronic funds transfers you have requested for a given business day, then:

    1. Electronic funds transfers involving currency disbursements, like ATM withdrawals, will have priority;
    2. Electronic funds transfers initiated through system which would result in an overdraft of your account may, at our discretion, be cancelled;
    3. In the event the electronic fund transfers initiated through System 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.
Limits on Amounts and Frequency of System Transactions
The number of transfers from MB accounts and the amounts which may be transferred are limited pursuant to the terms of the applicable deposit agreement and disclosure for those accounts. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds held until the hold expires.

Bill Payment Service (Bill Payer)
You must designate the MB account from which the payments are to be made; the complete name of the payee, your account number with the payee, (if applicable), 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 the next business day. By using the 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 your bill payments will be charged to the checking account designated by you. We reserve the right to refuse to pay any payee designated by you. If we do so, we will notify you promptly. The Bank reserves the right to terminate or deny Bill Payment Service.

Scheduling Payments
If the payee is to be paid by paper check (as indicated on the Bill Payer list), you understand and agree that paper checks are mailed to the payee and the payee may not receive the payment until five to eight business days after the date the payment is debited from your account. If the payee is to be paid electronically (as indicated on the Bill Payer list), you understand and agree that the payee may not receive the payment until 72 hours after the business day 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 a payment to your account.

Please Note: ANY PAYMENT MADE THROUGH THE BILL PAYMENT SERVICE REQUIRES SUFFICIENT TIME FOR YOUR PAYEE TO CREDIT YOUR ACCOUNT PROPERLY. TO AVOID FINANCE CHARGES OR OTHER CHARGES IMPOSED BY THE PAYEE YOU MUST AUTHORIZE AND SCHEDULE A PAYMENT ON A DATE WHICH IS SUFFICIENTLY IN ADVANCE OF THE DUE DATE OF YOUR PAYMENT. THE BANK SHALL NOT BE RESPONSIBLE FOR ANY CHARGES IMPOSED OR OTHER ACTION TAKEN BY A PAYEE RESULTING FROM A LATE PAYMENT, INCLUDING BUT NOT LIMITED TO, FINANCE CHARGES AND LATE FEES.

How to Cancel a Bill Payment
To cancel a bill payment that you have scheduled through OnLine Banking Cash Management, you must cancel the payment online via OnLine Banking (by following the onscreen instructions) before 3:00 p.m. (EST) on the date the payment is scheduled to be debited from your account.

Stop Payment Requests
Stopping the payment of a check is different from the cancellation of a bill payment. Once the 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 a bill payment paid by paper draft by contacting us by telephone before the paper draft has cleared. (You will have to contact us by telephone to determine if the paper draft has cleared.) If the paper draft has not cleared, we will, within a reasonable amount of time, process your stop payment request. We will notify you 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 ID number from the Bill Payment View Posting Screen.

You may initiate stop payment requests online via OnLine Banking Cash Management only for paper checks you have written (non-electronically) on your bank accounts (not System bill payer paper drafts). On-line stop payment requests made after 3:00 p.m. (EST) Monday through Friday, or on a weekend or holiday, will be processed the next business day. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number, the amount, and the date of the check.

If you make your stop payment request online or by telephone, we also require you to put your request in writing and submit it to us within 14 days after you notify us. You will incur stop payment charges as disclosed in the current fee schedule for the applicable account. Stop payment charges for bill payment paper drafts will be assessed in addition to the stop payment charges for the applicable account. Periodic Statements - You will not receive a separate online banking statement. Transfers to and from your accounts using OnLine Banking Cash Management will appear on the respective periodic paper statements for your bank accounts.

Obligations of Monroe Bank
Monroe Bank shall be obligated to exercise reasonable care in providing Online cash management services to the customer. Under no circumstances shall Monroe Bank be liable for any loss or damage caused by computer malfunctions, internet malfunctions or any of the other systems used to provide the service; nor shall Monroe Bank be liable for any special, indirect or consequential damages suffered or incurred by the customer in connection with the use of the Online cash management service.

Your Liability for Unauthorized Transfers
Company directs MB to perform any and all transactions as authorized by company on the MB-Online enrollment form. Company agrees to protect Login ID’s and passwords and agrees that MB shall not be responsible or liable for any unauthorized use of the Login ID’s and the passwords. Company also agrees to hold MB harmless from any loss incurred by company if login and password information is misused by anyone. Company agrees to inform MB immediately when employees with on line access no longer work for company. Company agrees to contact us at once if passwords are lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission.

HOW TO CONTACT US: telephone (812) 336-0201; via e-mail ; postal mail Monroe Bank, Bookkeeping, P.O. Box 2329, Bloomington, IN 47402; or in person at one of our locations. An immediate telephone call to us is the best way to reduce losses.

Disclaimer of Warranty and Limitation of Liability
We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the System services provided to you under this Agreement. We do not and cannot warrant that system will operate without errors or that any or all System services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to system, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of MB and its affiliates exceed the amounts paid by you for the services provided to you through System.

When using OnLine Banking Cash Management to pay bills, you agree that the Bank, without prior notice to you, may debit any payment account(s) to pay checks that you have not signed by hand or by legally acceptable form of electronic signature (e.g., digital signature). When using OnLine Banking Cash Management to make transfers from credit accounts, you agree that the Bank, without prior notice to you, may take any action required to obtain cash advances on your behalf, including charging any credit account at bank without your handwritten or legally acceptable electronic signature.

Third Party Network Disclaimer
You may not resell or redistribute any services you receive through OnLine Banking Cash Management, or our other services, or from our suppliers. You acknowledge and agree that neither Bank nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet. You agree to take reasonable steps to ensure that you will NOT use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment. Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited e-mail (“spamming”), propagating computer worms and viruses, or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or that our services and the Internet will have the capacity to meet your demand during specific hours. Neither Bank nor its suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Bank nor its suppliers will be liable for unauthorized access to Bank’s transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of bank or its supplier’s negligence.

In no event will Bank or its suppliers be liable for any other damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of the services or the Internet. Access to the services and the Internet cannot be guaranteed. You may be unable to access any Internet Service Provider or the Internet at any given time, and disconnections may occur from time to time.

Third Party Software; Virus Protection
The Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with system (e.g. Quicken®, Microsoft® Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.

Your Right to Terminate
You may cancel your OnLine Banking Cash Management service at any time by providing us with written notice by postal mail or fax. Your access to System will be suspended within three business days of our receipt of your written instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate
You agree that we can terminate or limit your access to OnLine Banking Cash Management for any of the following reasons:

    1. Without prior notice, if terms of this agreement or other account agreements are violated. If service is discontinued, system service may be reinstated, at our sole discretion.
    2. Upon reasonable notice, for any other reason at our sole discretion.
Communications Between Bank and You
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
    • E-mail - You can contact us via e-mail (Please note that banking transactions through System are not made via e-mail.)
    • Telephone - You can contact us by telephone at 812-336-0201
    • Facsimile - You can contact us by fax at 812-331-3469
    • Postal Mail - You can write to us at: Monroe Bank, Bookkeeping Department, P.O. Box 2329, Bloomington, IN 47402
    • In Person - You may visit us in person at any one of our locations.
Consent to Electronic Delivery of Notices
You 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.

Future Changes to this Agreement
MB reserves the right to change or modify this agreement, in its sole discretion, upon giving thirty (30) days written notice thereof to you.
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  Online Trust and Investment Management Account Agreement
   

Agreement: This Agreement is a contract, which includes the Enrollment Form, establishes the rules that cover your electronic access to your Trust accounts at Monroe Bank ("Bank") through our Monroe Bank Trust and Investment Management Account Agreement (“MB T&IMAA”). By using our MB Trust Account Online Access, you accept all the terms and conditions of this Agreement. Please read it carefully.

MB T&IMAA provides you with the ability to: review balances on your trust accounts, review trust account statements, and view trust account histories. By using MB T&IMAA or permitting any other person to use MB T&IMAA, you are accepting all the terms and conditions of this Agreement and any instructional material which we provide you regarding the MB T&IMAA services.

The terms and conditions of this agreement are in addition to those that apply to any accounts you may have with us, or any other services you obtain from us. The terms of these other agreements 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 Indiana (except to the extent this Agreement can and does vary such rules or laws). If there is no applicable federal law or regulation, this agreement will be governed by and interpreted in accordance with the laws of the State of Indiana. 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 you, your heirs and Monroe Bank's successors and assigns. Certain of the obligations of the 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, constitutes the entire agreement between you and Monroe Bank with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.

Definitions: As used in this Agreement, the words "we," "our," "us" and “MB” mean Monroe Bank. "You" and "your" refer to the account holder authorized by Monroe Bank to use MB T&IMAA under this Agreement and anyone else authorized by that account holder to exercise control over the account holder's funds through MB. "Account" or "accounts" means your Trust accounts at Monroe Bank.

 

Joint Accounts - The provisions of this agreement apply if any of your accounts with us is a joint account. As a holder of a joint account, you are jointly and severally liable under this agreement. Each of you acting alone, under assigned log-in ID and password may access your account, terminate this Agreement or otherwise take actions or perform under this Agreement. We are not required to obtain the consent of or notify the other one of you about the actions of the other. However, each of you will only be permitted to access accounts for which you are an owner or beneficiary of an account.

Each of you individually releases us from liability and agrees not to make a claim or bring any action against us for allowing account access to one of you or is otherwise authorized to use your Monroe Bank Services. Each of you agrees to indemnify us and hold us harmless from any and all liability (including, but not limited to, reasonable attorney's fees) arising from any such claims or actions.

 

Access - To use MB T&IMAA Banking, you must have at least one Trust account at Monroe Bank, access to Internet service, and preferably an e-mail address. Once we have received your signed Enrollment Form via fax or mail, and verified your account information, we will send you, either in person, by e-mail, or by postal mail, confirmation of our acceptance of your enrollment, along with your assigned log-in ID and temporary password. MB T&IMAA can be used to access only the accounts that have been designated for access in your enrollment. You can add or delete any of your accounts from this Agreement by completing a new enrollment form.

 

MB T&IMAA Services - You can use MB T&IMAA to check balances in your Trust accounts and view account histories and statements. All account data is provided as a convenience and for your information, but is not the official record. Your statement remains the official record. Account data provided through online services is generally updated on a daily basis and is subject to adjustment and correction. Additional services and enhancements to existing services may be added from time to time by Monroe Bank without notice. Hours of Access - You can use MB T&IMAA Banking seven days a week, 24 hours a day, although some or all MB T&IMAA services may not be available occasionally due to emergency, scheduled MB T&IMAA maintenance, or host computer availability. We agree to post, if practical, notice of any extended periods of non-availability on the Monroe Bank Website.

 

Your Password - For security purposes, you are required to change your password upon your initial login to MB T&IMAA Banking. You determine what password you will use and the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon four unsuccessful attempts to use a password, your access to MB T&IMAA Banking will be revoked. To re-establish your authorization to use MB T&IMAA Banking, you must contact us to 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, birth dates, and children's names, and should be memorized rather than written down.

 

Security - You understand the importance of your role in preventing misuse of your accounts through MB T&IMAA and you agree to promptly examine your paper statement for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your password and log-in ID are intended to provide security against unauthorized entry and access to your accounts. Notwithstanding, our efforts to ensure that the MB T&IMAA is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and could possibly be monitored and read by others. We cannot and do not warrant that all data transfers utilizing e-mail transmitted to and from us, will not be monitored or read by others.

 

Disclaimer of Warranty and Limitation of Liability - We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the MB T&IMAA services provided to you under this Agreement. We do not and cannot warrant that MB T&IMAA will operate without errors or that any or all MB T&IMAA services will be available and operational at all times. Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to MB T&IMAA, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of MB and its affiliates exceed the amounts paid by you for the services provided to you through MB T&IMAA.

Third Party Network Disclaimer - You may not resell or redistribute any services you receive through MB T&IMAA or our other services, or from our suppliers. You acknowledge and agree that neither Monroe Bank nor its suppliers are responsible for the content of your transmissions, which may pass through any Internet Service Provider or over the Internet. You agree to take reasonable steps to ensure that you will NOT use the services provided to you or the Internet for illegal purposes, for transmission of threatening, obscene, or harassing materials, or to interfere with or disrupt other users, services or equipment. Disruptions include, but are not limited to, distributing chain letters or mass mailings of unsolicited e-mail ("spamming"), propagating computer worms and viruses, or using the services and the Internet to make unauthorized entry to any other machine. Violation of the foregoing may result in termination of access rights to the offending party or parties. We do not warrant that our services, the Internet or our suppliers will be available on a specified date or time or that our services and the Internet will have the capacity to meet your demand during specific hours. Neither Monroe Bank nor its suppliers will be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder. Neither Monroe Bank nor its suppliers will be liable for unauthorized access to Monroe Bank's transmission facilities or premise equipment or for unauthorized access to or alteration, theft or destruction of your data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of bank or its supplier's negligence.

In no event will Monroe Bank or its suppliers be liable for any other damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of the services or the Internet. Access to the services and the Internet cannot be guaranteed. You may be unable to access any Internet Service Provider or the Internet at any given time, and disconnections may occur from time to time.

Third Party Software; Virus Protection - Monroe Bank makes no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with MB T&IMAA (e.g. Quicken®, Microsoft® Money). The Bank is not responsible for any electronic virus or viruses that you may encounter. We encourage you to routinely scan your computer, diskettes, and software using a reliable virus product to detect and remove any viruses found. Undetected or unrepaired viruses may alter, corrupt, damage, or destroy your programs, files, and even your computer. Additionally, you may unintentionally transmit the virus to other computers, diskettes, and software.

Your Right to Terminate - You may cancel your MB T&IMAA service at any time by providing us with written notice by postal mail, e-mail, or fax. Your access to MB T&IMAA will be suspended within three business days of our receipt of your written instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.

Our Right to Terminate - You agree that we can terminate or limit your access to MB T&IMAA for the following reason:

  • Upon reasonable notice, for any reason at our sole discretion.

Communications between Bank and You - Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

  • E-mail - You can contact us via email at: wealthmanagement@monroebank.com anytime. Note: Information submitted via e-mail is unencrypted and not secure. Please do not provide personal information in any e-mail message.
  • Telephone - You can contact us by telephone at 812-331-3425
  • Facsimile - You can contact us by fax at 812-331-3460.
  • Postal Mail - You can write to us at: Monroe Bank, Wealth Management Group, P.O. Box 2329, Bloomington, IN, 47402.

Consent to Electronic Delivery of Notices - You 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.

Future Changes to this Agreement - Monroe Bank reserves the right to change or modify this agreement, in its sole discretion, at any time.
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  MONROE BANCORP/MONROE BANK - Privacy Policy
   

Monroe Bancorp recognizes and respects how important personal privacy is to you. Because of our interest in protecting your privacy, we continue to examine the practices of our banking divisions and companies within our corporation. Monroe Bancorp has adopted the following privacy policy, continuing in our commitment to provide quality service to you, our valued customer. Our companies recognize that our customers expect privacy in regards to information that they have entrusted to us. We maintain standards and procedures designed to protect customers from misuse of this information.

Our Security Procedures That Protect Customer Information
We protect your privacy by restricting access to personal and account information to those employees who need to know that information to provide products or services. Our employees are bound by a code of ethics requiring confidential treatment of customer information and are subject to disciplinary action if they fail to follow this code. The importance of confidentiality and customer privacy is addressed in our employee handbook and "Code of Conduct."

We also maintain physical, electronic and procedural safeguards that comply with federal standards to guard all customers' nonpublic personal information. We continually assess new technology for protecting information and upgrade our systems when appropriate.

What Information We Collect
Nonpublic personal information is information about you that we obtain in connection with providing a financial product or service to you. For example, nonpublic personal information may include such things as your account balance, credit and payment history, transaction records, income, assets, or other information we obtain in the normal course of business.

We may collect nonpublic personal information about our customers from several sources:

· Information the customer has provided on applications, other forms or through
· discussions with Bank personnel.
· Information about customer transactions with us, our affiliates or others; and
· Information we obtain from a consumer reporting agency (credit bureau).

We collect, use and retain information only where we reasonably believe it would be useful in administering our business, and providing products and services and other opportunities to our customers. We use information to protect and administer our customers' records, accounts, and funds; to comply with certain laws and regulations; to help design or improve our products and services; to understand the financial needs of our customers; and to provide quality products and outstanding service. We collect and retain information only for specific business purposes - and will tell you why we are collecting and retaining it upon your request.

Our Maintenance of Accurate Information.
We have implemented procedures to help assure that our customers' financial information is accurate, current, and complete in accordance with commercial standards. While some procedures are required by federal or state law, we also have procedures for responding to requests to correct inaccurate information in a timely manner, and to update information and remove information regarding the customer's relationship with our companies that they believe to be inaccurate.

What Information We Disclose
We may disclose or share the nonpublic personal information described above within the Bank and with current or future members of our Monroe Bancorp family (Affiliates). We may also disclose information to a third party providing any of the following conditions are met: (1) our customer has requested it; (2) the information is provided to help complete a transaction initiated by our customer; (3) the information is provided to a reputable credit bureau or similar information reporting agency; or (4) disclosure is permitted or required by state law, federal law or court order.

We may disclose all the information we collect, as described above, to companies that perform marketing services for us or to vendors or service companies that we hire to provide support or services for our products. We may also disclose this information to other financial institutions or financial service providers with whom we have joint marketing agreements, such as securities broker-dealers which are used to provide investment products and services or financial service companies that provide credit card services to our customers. All of these companies act on our behalf, are contractually obligated to keep the information that we provide to them confidential, and use the information only to provide the services we have asked them to perform for our customers and for us.

Monroe Bancorp's Pledge to You
The confidentiality of your nonpublic personal information will continue to be maintained consistent with this privacy notice even if you decide to close your account(s), your account becomes inactive, or when you otherwise cease to do business with us.

We believe that your privacy should never be compromised. At the same time, we want to offer you the array of financial products and services you need to accomplish your financial goals. We believe we can do both by adhering to the provisions of this privacy notice.

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  Protecting Yourself from Identity Theft
   

Identity thieves have developed new forms of identity theft called “phishing” and “pharming.” Phishing scams involve fraudulent emails sent to consumers asking them to link to a fraudulent website and enter personal financial information. Monroe Bank is providing a warning to all of our customers not to provide sensitive information, including Social Security number, Personal Identification Numbers (PINs) and account numbers, to anyone unless the customer has verified the legitimacy of the entity receiving the information. Pharming refers to the redirection of an individual to an illegitimate Web site through technical means. For example, an Internet banking customer, who routinely logs in to his online banking Web site, may be redirected to an illegitimate Web instead of accessing his or her bank's Web site.

The bank’s web site should be accessed directly by going to www.monroebank.com and not through links from other sites or within email messages. Monroe Bank does not contact customers via email, phone or mail to request or verify security information about passwords or PINs. Customers who contact the bank in person will not be asked to share passwords and PINs, but associates will ask for information to verify identities and ensure customer privacy and protection.

Tips for Protecting Your Information Online

You can help protect yourself against online fraud by following these guidelines:

Leave suspicious sites. If you suspect that a Web site is not what it claims to be, leave the site immediately. Do not provide any personal financial information.
Be alert for scam emails. These may appear to come from a trusted business or friend but are actually designed to trick you into downloading a virus or link to a fraudulent Web site and disclosing sensitive information.
Do not reply to any email that requests your personal information. Be very suspicious of any email from a business or person that asks for your password, social security number or other highly sensitive or personal information.
Do business only with companies you know and trust.
Be aware! Phony "look alike" Web sites are designed to trick consumers and collect their personal information. Make sure that Web sites on which you transact business post their privacy and security statements, and review them carefully.
Only open emails when you know the sender. Be especially careful about opening an email with an attachment. Even a friend may accidentally send an email with a virus.
Be cautious when clicking on a link contained in an email or other message. The link may be fraudulent.
If you get an email that warns you, with little or no notice, that an account of yours will be shut down unless you reconfirm your billing information, do not reply or click on the link in the email. Instead, contact the company cited in the email using a telephone number or Web site address you know to be genuine.
Do not send sensitive personal or financial information unless it is encrypted on a secure Web site. Regular emails are not encrypted and communication is not secure. Look for the padlock symbol on the bottom bar of the browser or check for the letters https:// at the beginning of the web site URL in your web browser to ensure that the site is running in secure mode before you enter sensitive information.
Use strong passwords or Personal Identification Numbers (PINs) for your Internet accounts. Choose passwords that are difficult for others to guess, and use a different password for each of your accounts. Use both letters and numbers and a combination of lower case and capital letters if the passwords or PINs are case sensitive.
Make sure your home computer has the most current anti-virus software, firewalls and spyware scanning tools to reduce computer infections. Anti-virus software needs frequent updates to guard against new viruses. Download the anti-virus updates as soon as you are notified that a download is available.
Install a personal firewall to help prevent unauthorized access to your home computer. This is especially important if you connect to the Internet via a cable modem or a digital subscriber line (DSL) modem.
Order copies of your credit report at least once per year from each of the three major credit bureaus, Experian, Trans Union and Equifax, to ensure that the data reported is accurate.

Other Important Tips for Protecting Your Information

    Don't give out financial or personal information over the Internet, through the mail or on the phone unless you initiated the contact or are sure you know the party with whom you are dealing.
    Carry only the identification information and ATM, credit and debit cards you actually need. Report lost or stolen cards or checks immediately.
    Memorize personal identification numbers (PINs) and passwords. Never write them on access cards or store them where they can easily be found, such as in wallets, purses, and desks or on computers.
    Shred or tear receipts, statements and other financial records such as credit card receipts, bank statements and checks, unwanted pre-approved credit applications and credit cards which are expired, insurance forms, physicians’ statements and any other confidential documents.
    Protect your mail from theft. Deposit mail at the post office or obtain a Post Office box or locking mailbox. Promptly remove your mail from your mailbox. Place a temporary hold on your mail with the Post Office when you are on vacation or out of town. When ordering new checks, pick them up at the bank rather than having them mailed to your residence.
    Be aware of billing cycles and review account statements. Review accounts to ensure you have authorized all charges. If you question any charge on your bills or statements, call the creditor immediately to resolve the discrepancy. If your bill doesn’t arrive when expected, follow up with the creditor. A missing bill or statement could mean an identity thief has taken over your account and changed your billing address.
    Do not carry your Social Security card. Always keep the card in a save place.
    Do not include your Social Security number or driver’s license number on your checks.
    Do not provide information to anyone requesting personal information over the phone. Contact customer service using a number listed on your account or obtained from a web site you are certain is legitimate.

Other Resources
The following web sites provide excellent information on identity theft issues and suggestions on what you can do if you are a victim of identify theft.

Federal Trade Commission: Introduction to Identity Theft
Federal Trade Commission: Identity Theft Victims: Immediate Steps to Take
Federal Trade Commission: Remedying the Effects of Identity Theft (pdf)
FBI – Internet Fraud Complaint Center
Identity Theft Resource Center
National Consumer League

Customers who suspect they have been victims of fraud or have questions are encouraged to contact Monroe Bank via e-mail or call us at (812) 336-020.
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  Primary Lending Area
   

Monroe Bank’s primarily lending area consists of Central and South-Central Indiana. While this represents the area where the bank’s market share is concentrated, the bank will not restrict its lending activities only to customers who reside in this area. The bank will consider loans outside of our primary lending area if deemed to be appropriate and justified.
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