and Consumer Electronic Funds Transfer Disclosure

This Agreement and Disclosure provides information about the Bank OnLine, Bill Pay and 24-Hour Bank-By-Phone services offered by American Bank, and contains the consumer disclosures required by the Electronic Funds Transfer Act. Bank OnLine, Bill Pay and 24-Hour Bank-By-Phone are sometimes referred to collectively as "Service" or "Services." This Agreement applies to both Consumer Users and Commercial Users of the Services. A Consumer User is defined as an individual using the Services primarily for personal, family and household purposes. While the Services for both Consumer and Commercial Users are substantially similar, certain procedures, fees and charges, provisions and disclosures contained in this Agreement may apply differently depending on user type. American Bank reserves the right to review how the Service is being used and to classify Users as Commercial or Consumer depending upon such use. For the purpose of this document, "I," "me," "my" and "mine" shall refer to each Depositor who signs up for or uses Bank OnLine, Bill Pay and/or 24-Hour Bank-By-Phone. "You," "your" or "American Bank" shall refer to American Bank N.A., the financial institution at which the Depositor has the account(s) accessed through Bank OnLine, Bill Pay and/or 24-Hour Bank-By-Phone. All references to time of day in this Agreement refer to Central Time. All references to checking accounts refer to demand deposit accounts, as defined in any Deposit Account Agreement. The term "User Access Code" or "User Access Codes" shall mean collectively any User ID, User Name, Customer Access Code, Password, Personal Identification Number or PIN, or other user identification measures. Business Day For purposes of this Agreement and disclosure, business days are Monday through Friday. Holidays are not included. When I use your Services or permit any other person to use your Services, I agree to the terms and conditions set out in this Agreement and any instructional material that you provide me regarding the Services. My use of the Services may be accomplished through certain numbers, codes, marks, signs, public keys, challenge questions or other means of establishing my identity and acceptance of the electronic communications that are satisfactory to American Bank. All electronic communications that meet these requirements will be deemed valid and authentic and I intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. I agree that electronic copies of communications are valid and I will not contest the validity of the originals or copies, absent of proof of altered data or tampering. This Agreement and Disclosure and all amendments thereto may be viewed or printed as a hard copy via the Internet at www.americanbank.com or, a hard copy will be provided to me upon request by calling you at 361-992-9911 in Corpus Christi, 361-749-7711 in Port Aransas, 361-727-9955 in Rockport, 512-328-9900 in Austin, or 1-800-257-8316 outside of those areas, or by writing American Bank, Attention: Customer Service, P. O. Box 6469, Corpus Christi, TX 78466-6469.
Bank OnLine Service Bank OnLine is an electronic banking service. I may access Bank OnLine through American Bank's web page on the Internet, at www.americanbank.com. I may use Bank OnLine virtually any time, day or night, 7 days a week. However, Bank OnLine may be temporarily unavailable due to American Bank's record updating or technical difficulties. I understand that in order to use Bank OnLine, I must have at least one Eligible Account (deposit or credit) with American Bank. If I have more than one Eligible Account with American Bank, my accounts can be linked upon request. Eligible Accounts which are "linked" under Bank OnLine will have at least one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through Bank OnLine. Eligible Accounts (those that I may request access to through the Bank OnLine service) are the following American Bank personal or business account types: Checking Savings Time Deposit (CD) Installment Loan Commercial Loan Mortgage Loan Ready Cash Line of Credit An account that requires two or more signatures to make a withdrawal or transfer may not be designated as an Eligible Account. Bank OnLine Access Codes During my use of Bank OnLine, I am required to enter: my Customer Access Code my User Name my Password proper responses to challenge questions other measures to identify me Additional numbers and words may be required depending on the equipment and software used. These User Access Codes are the agreed security procedure to access Bank OnLine through any of the equipment. For security purposes, you recommend that I do not use the same User Access Codes for Bank OnLine that I use on other bank products. Bank Online Features The Bank Online service allows me to: Obtain account information, including account balance and summary information, uncollected funds information and cleared transactions detail for at least the current statement period. I may check the balance(s) of the American Bank accounts that are linked by access through Bank OnLine. (NOTE: the balance figure may not reflect recent transactions, and may include funds that are not available for immediate withdrawal. See American Bank's Funds Availability Disclosure.) Transfer funds electronically to and from certain American Bank accounts. Except as provided herein, all transfers to and from an account are subject to the terms and conditions contained in any applicable account agreements. With respect to Money Fund or Savings accounts, I may not make more than six transfers or withdrawals per month to another account of mine or no more than three to third parties when these transfers are made by means of a preauthorized or automatic transfer or telephonic agreement, order or instruction. If the maximum number of allowable transfers or preauthorized withdrawals from any Savings or Money Fund account is exceeded, you will take such steps as you reasonably deem necessary to ensure future compliance with allowable transfer limits, including terminating Bank OnLine services or closing the account. I understand that once I have made a transfer using Bank OnLine I cannot stop or cancel that transfer. Funds Availability - I must make transfers before 7:00 p.m. on a business day for those funds to be posted on an account that day and to be available for Bank OnLine and non-Bank OnLine transactions. Available Funds Required - All transfers initiated through Bank OnLine are subject to there being sufficient available funds in the affected account to cover the transfer at the time of transfer initiation or earlier. Account Designation - I must designate the accounts at American Bank between which I may transfer funds electronically through Bank OnLine. I must be a designated owner for each of these accounts. Request advances from certain types of loan accounts. Currently, the only loan type eligible for advance requests through Bank OnLine is a Home Equity Line of Credit. In order to submit an advance request, I must have registered my Home Equity Line of Credit through either American Bank’s Customer Service DirectLine at 361-992-9911 or through the Web site at www.americanbank.com. I must also register one or more valid checking or savings accounts designated to accept the advanced funds. Advance requests within Bank OnLine are sent to Customer Service for review. Customer Service will notify me upon receipt of my request through the Bank OnLine Mail system. I will receive a follow-up message upon completion of the advance. American Bank makes every effort to process requests in a timely manner. Requests made after business hours will be received by Customer Service on the next business day. If my request is not complete, the amount I request is more than the available balance in my Home Equity Line of Credit or the amount I request is less than $4,000.00, the advance will not take place and I will receive a Bank OnLine Mail message indicating the problem. Electronic Access to Overdraft Protection Sources I may access the different available overdraft protection sources, including Ready Cash, which are tied to my checking account using Bank OnLine transactions, up to a maximum of $500 ($1,500 for select accounts) more than my current balance. Daily dollar limits for ATM, POS and Bill Pay withdrawals still apply. Availability of this service is limited to accounts approved for American Bank's American Privilege. Non-sufficient Funds Fees or other overdraft protection transfer fees or costs may apply for such services. Please consult American Bank’s Schedule of Fees and Service Charges and other agreements applicable to such overdraft protection products. Detailed instructions for use of Bank OnLine are available through online help.
Bill Pay Service Bill Pay is an electronic payment service. I may use a personal computer to access the Bill Pay service through American Bank's web page on the Internet. Bill Pay allows me to schedule bill payments electronically. Subject to any regulatory or bank-imposed limitations on usage, I can arrange for the payment of my bills from an American Bank checking account. Access to Bill Pay is made available pursuant to a license agreement by and between American Bank and Online Resources Corporation (ORCC). Any interruption of service or access caused by ORCC will prevent my use of the service. To utilize the services, I will need to enter my User ID and assigned Bill Pay Password and otherwise satisfy the system's security procedures, including but not limited to entering proper responses to challenge questions and other means to identify me. Detailed instructions for use of Bill Pay are contained in the online help menus available while using Bill Pay. Designation of Account(s) In order to use Bill Pay I understand that I must have a checking account with American Bank. That checking account, or the one I designate if I have more than one, will be treated as the designated checking account for transactions accomplished through Bill Pay (Bill Pay Account). Bill payments may only be processed using my Bill Pay Account. I may have multiple designated Bill Pay Accounts, but each one must have its own payee list. Equipment and Technical Requirements I understand that to have Bill Pay access, I am required to acquire the necessary equipment, services and software. These include a personal computer, Internet access and supported browser. As browsers are updated over time, older versions may not function effectively for Bill Pay. It is my responsibility to upgrade my browser, when it becomes apparent it is needed, to ensure that I can access the Bill Pay system. Transaction Modes Bill payments can be entered on the single payment, multiple payments or recurring payments screens. Using any of these screens, I must enter a “send on” date or a “last send” date, depending on the type of payment, for my bill payment. Bill payments are scheduled by me to be debited from my Bill Pay Account based on the date(s) I enter on one of the bill payment screens. If I designate a payment with a “send on” date of today's date, sufficient funds must be available on the day and at the time I request the payment. Bill payments with today's date as the “send on” date may not be canceled or changed for any reason once I have ended a Bill Pay session, as funds are immediately deducted from my Bill Pay Account. I may, however, edit or delete the payment up until I terminate my Bill Pay session. Bill payments can also be scheduled with a “send on” date in the future, up to 364 days in advance of the bill payment date. Sufficient funds must be available at the time the payment is processed on the “send on” date entered by me. These transactions may be canceled or changed until midnight of the night before the bill payment date. If I designate a bill payment as a "recurring" transaction, I may request, and American Bank will use, a start date that reoccurs on a specified regular basis (i.e., weekly, bi-weekly, monthly, etc). I will designate a "send on" and "last send" date. Sufficient funds must be available at the time the payment is processed on the “send on” date entered by me. "Recurring" transactions may be canceled or changed until midnight of the night before the bill payment date. Recurring transactions can be scheduled to occur for up to forty (40) years. Transaction Processing Funds will be taken out of my Bill Pay Account on the “send on” date entered by me. In many cases, my bill payments are electronically delivered to the payee within two business days of the “send on” date. However, some payees are not set up to accept electronic payment. In these cases, a check will be sent, which may take five business days to process and deliver to the payee. Bill Pay provides a “deliver by” date indicating the date by which the payee will receive payment. This indication is, however, only an estimate and actual receipt of payment may be longer. I must allow sufficient time (according to the “deliver by” date, as indicated) for Bill Pay to receive my request and process the bill payments so that the funds can be delivered to the payee before the payment due date, or for mortgage payments, on or before the due date (the due date shown on my invoice or provided in my agreement with the payee, not taking into account any grace period provided by the payee). If I do not allow sufficient time, I will assume full responsibility for all late fees, finance charges, or other actions taken by the payee. If I properly schedule my payment with sufficient time, and the payment is not received by the payee, or is received late, ORCC will assume responsibility for any late fees or finance charges, if I notify Bill Pay Customer Service of such late fees or finance charges within a reasonable time. The entire process for initially setting up the relationship between a user and a new payee, including the issuing of pre-notifications, may take up to three (3) business days, however, in most instances payments can be scheduled immediately. Electronic Access to Overdraft Protection Sources I may access the different available overdraft protection sources, including Ready Cash, which are tied to my checking account using Bill Pay transactions, up to a maximum of $500 ($1,500 for select accounts) more than my current balance. Daily dollar limits for ATM, POS and Bill Pay withdrawals still apply. Availability of this service is limited to accounts approved for American Bank's American Privilege. Non-sufficient Funds Fees or other overdraft protection transfer fees or costs may apply for such services. Please consult American Bank’s Schedule of Fees and Service Charges and other agreements applicable to such overdraft protection products. American Bank is responsible only for exercising ordinary care in making payments upon my authorization and for mailing or sending a payment to the designated payee. American Bank is not liable in any way for damages I incur if: I do not have sufficient funds in my account to make the payment on the “send on” date; the estimate of time to allow for delivery to the payee is inaccurate; there are mail delivery delays, changes of merchant address or account number; any merchant fails to account correctly for or credit the payment in a timely manner; or for any other circumstances beyond the control of American Bank. If a payment is made through use of Bill Pay with insufficient funds in my account on the “send on” date, I may be subject to a non-sufficient funds fee pursuant to the terms of the Deposit Account Agreement governing the account and American Bank's Funds Availability Disclosure. I must keep Bill Pay Customer Service aware of any changes in my current home or business phone numbers and addresses or e-mail address, as applicable. I am responsible for monitoring the Bill Pay activity to verify that I did not have a payment that was not processed due to insufficient funds in my account. If a payment is not processed due to insufficient funds, the payment will be automatically retried the following day. If the payment fails again an "F" on the Bill Pay Activity screen will indicate failed transactions. If I do have a payment that failed because of insufficient funds in my account, I am responsible for either making alternate arrangements for the payment or rescheduling the payment through Bill Pay. Canceling or Modifying Bill Pay Authorized Payments Bill Pay payment transactions with today's date for the “send on” date cannot be canceled or changed once my Bill Pay session is terminated. I may, however, edit or delete these transactions up until my Bill Pay session is terminated. In order to request a cancellation of a payment or change a Bill Pay transaction designated with a future bill payment date or a "recurring" date, I must use Bill Pay and follow the instructions provided to me. I must cancel the payment using Bill Pay by midnight of the day before the scheduled processing day. If Bill Pay is not accessible, however, I understand you will only accept a verbal or written notice to cancel a Bill Pay transaction if it relates to a payment designated as "recurring" or with a future payment date. I understand that this notice is acceptable only if it is received at American Bank Bill Pay Customer Service, 7600 Colshire Drive, McLean, VA 22102 or (877) 632-9222 no later than three (3) business days before the scheduled date of the payment. If I call, you may also require me to put my request in writing and get it to you within fourteen (14) days after I call. If the payment was designated as "recurring," the notice must detail whether the cancellation applies to only one of the recurring transactions or all transactions in the recurring stream. There may be a fee associated with canceling a payment. Limitations on Bill Pay Services Dollar Amounts. There is a dollar limit of $25,000 (or the available balance in my designated funding account, whichever is less) on my Bill Pay account in any 24-hour period. Available Funds Required. All bill payments initiated through Bill Pay are subject to sufficient funds being available in the affected account to cover the payment on the Bill Payment “send on” date. Payees. I may utilize the Bill Pay service to make bill payments to a maximum of 500 payees. Any payee I wish to pay through Bill Pay must be payable in U.S. Dollars and be located in the United States. Each payee must appear on the payee list I create with you and the account I am paying with must be in my name. I may not use Bill Pay to make payments to a federal, state or local governmental or tax unit, or to pay child-support or alimony, or to make payments to other categories of payees that you establish from time to time.
24-Hour Bank-By-Phone Service 24-Hour Bank-By-Phone is an electronic banking service that provides easy and convenient access to my account information 24 hours a day and 365 days a year by using a touch-tone phone, calling a dedicated telephone line at the bank and entering my access code. I may also transfer between my American Bank accounts. I understand that once I have made a transfer using 24-Hour Bank-By-Phone I cannot stop or cancel that transfer. Access Code Management Each 24-Hour Bank-by-Phone account has only one Personal Identification Number (PIN). If more than one person has legal access to an account, they will need to share the PIN for that account. Note: PINs may be changed over the telephone as frequently as desired. Periodic changing of PINs is one of the ways to strengthen security regarding access to accounts. Designation of Transfer Accounts Transfers may be made to and from American Bank accounts where I am an authorized signer. Before transfers may be made between my accounts, I must designate such accounts under a "Transfer Group" by completing a Transfer Account Authorization and submitting the form to the Bank. Transfers can only be made between accounts within a particular Transfer Group, however, I may have more than one Transfer Group at a time. For security reasons, only accounts on which I am a designated owner may be placed into a Transfer Group, and transfers to or from accounts outside that group are not allowed. Electronic Access to Overdraft Protection Sources I may access the different available overdraft protection sources, including Ready Cash, which are tied to my checking account using Bank By Phone transactions, up to a maximum of $500 ($1,500 for select accounts) more than my current balance. Daily dollar limits for ATM, POS and Bill Pay withdrawals still apply. Availability of this service is limited to accounts approved for American Bank's American Privilege. Non-sufficient Funds Fees or other overdraft protection transfer fees or costs may apply for such services. Please consult the American Bank Schedule of Fees and Service Charges and other agreements applicable to such overdraft protection products.
General Provisions The following provisions apply to Bank OnLine, Bill Pay and 24-Hour Bank-by-Phone services. Acceptance of Terms and Conditions I will be required to submit certain forms as requested by American Bank to acknowledge that I have read and accept any and all terms and conditions of the Service(s). Such forms may be found on the Internet at www.americanbank.com. For personal accounts, submission of forms over the Internet will qualify as my signature on such document(s). At other times, an actual physical signature may be required by you to verify ownership. For commercial accounts, an actual physical signature of an authorized signer on the account will always be required. E-mail E-mail transmissions other than those I create within the Bank OnLine or Bill Pay sites are not secure. Therefore, you request that I do not send you or ask you for sensitive information such as account numbers, User Access Codes, financial information, etc. via any general or public e-mail systems. If I wish to contact you electronically, I will use the secure mail facility forms provided in your Bank OnLine or Bill Pay sites for e-mails concerning the following types of inquiries: electronic funds transfer error resolution reporting unauthorized transactions other concerns of a confidential nature Under NO circumstances will an American Bank or ORCC employee request my User Access Codes via the Internet or any other type of contact. I will NOT respond to such a request even if the individual claims to represent American Bank or ORCC or any of their subsidiaries. Virus Protection American Bank is not responsible for any electronic virus or viruses, spyware or Trojan horses that I may encounter. American Bank suggests that I routinely scan my PC and diskettes using a reliable virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and/or destroy my programs, files and even my hardware. Authorization To Charge Accounts I authorize you to charge my Eligible Account(s), Bill Pay Account(s) or any account within a Transfer Group for any transactions accomplished through the use of Bank OnLine, Bill Pay or 24-Hour Bank-By-Phone, including the amount of any bill payment or transfer that I make, and any charges or fees for the service. I authorize any person who uses my User Access Codes to accomplish any transaction that I may do myself. I authorize you to overdraw my account in order to pay any fees or charges, when I do not have sufficient funds available in my account. I authorize you to process bill payments and to transfer funds according to the instructions you receive if the instructions are received using my User Access Codes for Bank OnLine, Bill Pay and/or 24-Hour Bank-By-Phone. I authorize you to initiate any reversing entry or reversing file, and to debit my accounts at American Bank or elsewhere, in order to correct any mistaken credit entry. I understand that if a bill payment or transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further, American Bank and other financial institutions to which a bill payment or transfer request is forwarded may rely on any American Bank identification number supplied by me as a means to identify any other American Bank, even if the identification number is different than the American Bank named by me. My obligation to pay the amount of the bill payment or transfer to American Bank is not excused in such circumstances. When any payment or other on-line service generates items to be charged to my account, I agree that you may debit my designated account or the account on which the item is drawn without requiring my signature on the item, and without prior notice to me. Designated accounts are referred to as Eligible Accounts, Bill Pay Accounts or a Transfer Group throughout this Agreement, depending upon the type of service involved. Security Procedures I am responsible for the safekeeping of the User Access Codes. In order to maintain secure communications and reduce fraud, I agree to protect the security of my User Access Codes, numbers, codes, marks, signs, public keys, responses to challenge questions or other means of identification. I agree not to disclose or otherwise make the User Access Codes available to anyone not authorized to sign on my accounts. You reserve the right to block access to the Services to maintain or restore security to your Web Site and systems, or if you reasonably believe my User Access Codes have been or may be obtained or are being used or may be used by an unauthorized person(s). For Bill Pay, Bank OnLine and 24-Hour Bank-By-Phone, a default User Access Code will be provided to me for security purposes. I understand that such default User Access Codes will be used only the first time I access the Service, and I will then define new User Access Codes for each service. For 24-Hour Bank-by-Phone service, an Access Code is needed for each account, so I will be asked to change the default Access Code on the first access of each of my accounts. The User Access Codes are confidential and should not be disclosed to third parties. Calls from any kind of cellular, wireless or cordless phone can be monitored by unauthorized persons, allowing access to bank accounts. These types of telephones must be used with caution for any confidential conversation or purpose, including Bill Pay or 24-Hour Bank-By-Phone access. I represent that I have considered the security procedures relating to the Services and find that the security procedures are commercially reasonable for verifying that a bill payment, transfer or other communication purporting to have been issued by me is, in fact, mine. In reaching this determination, I have considered the size, type and frequency of bill payments, transfers or other communications that I anticipate issuing to American Bank. If I decide that the security procedures relating to the Services are not, in my judgment, commercially reasonable, I must inform you in writing within 30 days of such decision. If the size, scope, type or frequency of my bill payments and transfers change, and the result is that the security procedures cease to be commercially reasonable, I must also inform you of this in writing within 30 days. Electronic Communications I may from time to time provide you with an electronic address to which electronic communications may be sent to me by the Bank. If I do, I agree that the Bank may send to me, by electronic communication, any information that is required by state or federal law or regulation to be sent to me in writing, provided such electronic communication does not violate the applicable laws and regulations. The term "electronic communication" means a message transmitted electronically in a format that allows visual text to be displayed on equipment such as a personal computer monitor. Change in Terms You will mail, e-mail or deliver a written notice to me at least 21 days before the effective date of any change in a term or condition in this Agreement and Disclosure made by you, if the change would result in increased fees or charges, increased liability for me, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law. Any other change in a term or condition in this Agreement and Disclosure made by you shall be effective immediately by your mailing, e-mailing or delivering a written notice to me. American Bank's web site, located on the Internet at www.americanbank.com, should be visited regularly to obtain important information concerning use of the Services. Release of Liability for Loss or Erroneous Data AMERICAN BANK SHALL HAVE NO LIABILITY TO ME FOR ANY DAMAGE OR OTHER LOSS, DIRECT OR CONSEQUENTIAL, WHICH I MAY INCUR BY REASON OF MY USE OF MY COMPUTER SYSTEM, ISP OR TELEPHONE SERVICE. Changes/Interruptions in Services You may on a regular basis perform maintenance on the equipment or system, which may result in interrupted service. You also may need to change the scope of the Services from time to time. You will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. If access to the Services is interrupted or unavailable through use of my personal computer and modem, I may use a touch-tone telephone to obtain access, provided the system itself is available. Performance of Software and Electronic Service and Warranty Disclaimer In no event will you or your officers, directors, employees or agents be liable to me for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Services, or for any loss of any data, even if you have been informed of the possibility of such damages. YOU MAKE NO WARRANTY, EXPRESS OR IMPLIED, TO ME REGARDING MY EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Termination Either you or I may terminate this agreement and any service provided hereunder at any time upon giving at least ten (10) day's prior written notice of termination to the other party, unless there is no access or activity on Bank OnLine or Bill Pay for a period of 90 or more days, whereupon you may cancel such service without notice thereby requiring me to re-register for such service(s). Once you have acted upon my termination notice, you will make no further transfers or bill payments from my Eligible Account(s), Bill Pay Account(s) or Transfer Group(s) including any fund transfers I have previously authorized. You reserve the right to terminate or to discontinue support of any software or equipment without written notice. Governing Law The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to Texas' conflict of law provisions. My existing account relationships shall continue to be governed by and construed in accordance with the laws of the state where the American Bank branch, at which I initially established my account, is located or has been transferred to. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of Texas. Other Conditions I am responsible for complying with all terms of this Agreement and the terms and regulations governing the deposit accounts which I access using the Services. You can terminate my privileges to use the Services without notice to me if I do not pay any fee required in this Agreement when due or if I do not comply with those agreements. The regulations governing my deposit account are set forth in your Deposit Agreement and Disclosures, a copy of which is available from any branch location. Provisions Relating to Consumer Users Only The following provisions for resolution of errors apply to Consumer Users of the Services only and are not applicable to Commercial Users. Liability for Unauthorized Transfers My liability and the need for prompt reporting of lost or stolen User Access Codes, Cards or PINs. I will tell you AT ONCE if I believe my User Acces Code and/or PIN or other identifying information has been lost or stolen, or if I believe that an electronic fund transfer has been made without my permission using information from my check. Telephoning is the best way of keeping my possible losses down. I could lose all the money in my account (plus my maximum overdraft line of credit.) Also, if my statement shows transfers that I did not make, including those made by User Access Codes or other means, I will tell you at once. If I do not tell you within 60 days after the statement was mailed to me, I may not get back any money lost after the 60 days if you can prove that I could have stopped someone from taking the money if I had told you in time. If a good reason (such as a long trip or hospital stay) kept me from telling you, the time period will be extended. Contact in the Event of Unauthorized Transfers If I believe my User Access Code has been lost or stolen, call: For Bank OnLine or 24-Hour Bank-by-Phone errors or questions: 361-992-9911 in Corpus Christi, 361-749-7711 in Port Aransas, 361-727-9955 in Rockport, 512-328-0999 in Austin or 1-800-257-8316 outside those areas. The Customer Service DirectLine is open on business days between 7 a.m. and 6 p.m. Or write; American Bank Attention: Customer Service PO Box 6469 Corpus Christi, TX 78466-6469. I should also call the number or write to the address listed above if I believe a transfer has been made using the information from my check without my permission. For Bill Pay errors or questions: 1-877-632-9222 Bill Pay Customer Service is open 7 days a week, 24 hours a day, excluding Federal holidays. Or write: American Bank Attention: Customer Service 7600 Colshire Drive McLean, VA 22102. In Case of Errors or Questions About Your Electronic Funds Transfers I will telephone or write you at the phone number and address shown above or on the back of my periodic statement as soon as I can, if I think my statement or receipt is wrong or if I need more information about a transfer shown on the statement or receipt. I must inform you no later than 60 days after you send me the statement on which the problem or error appeared. I will tell you my name and account number (if any) I will describe the error or transfer I am unsure about and explain as clearly as I can why I believe it is an error or why I need more information I will tell us the dollar amount of the suspected error If I tell you orally, you may require that I send us my complaint or question in writing within ten (10) business days. You will determine whether an error occurred within ten (10) business days after you hear from me and you correct any error promptly. If you need more time, however, you may take up to forty five (45) days to investigate your complaint or question. If you decide to do this, you will credit my account within ten (10) business days for the amount I think is in error, so that I will have the use of the money during the time it takes you to complete your investigation. If you ask me to put my complaint or questions in writing and you do not receive it within ten (10) business days, you may not credit my account. For errors involving new accounts, point-of-sale, or foreign-initiated transaction, you may take up to ninety (90) days to investigate my complaint or question. For new accounts, you may take up to twenty (20) business days to credit my account for the amount I think is in error. You will tell me the results within three (3) business days after completing your investigation. If you decide that there was no error, you will send me a written explanation. I may ask for copies of the documents that you used in our investigation. Liability for Failure to Cancel a Bill Pay Payment If I have followed the cancellation procedures outlined in this agreement, and you do not cancel my bill payment, you may be liable for my losses or damages. Liability for Failure to Make Transfers For electronic funds transfer agreements I enter into with you, if you do not complete a transfer to or from my account on time or in the correct amount according to that agreement, you may be liable for my losses or damages caused by such failure. However, there are exceptions. You will NOT be liable, for instance: If, through no fault of yours, I do not have enough money in my account to make the transfer or the transfer would go over the credit limit on my overdraft line If any equipment, network, telephone lines, or computer system(s) were not working properly and I know about the breakdown at any time during the transfer If circumstances beyond your control (such as fire or flood) prevent the transfer, despite reasonable precautions you have taken A court order or legal process prevents you from making a transfer or payment You have a reasonable basis for believing that unauthorized use of my User Access Codes or designated account has occurred or may be occurring, or if I default under any agreement with you or if you or I terminate this Agreement The payee does not process a payment correctly, or in a timely manner There may be other exceptions stated in your agreement with me There may be other applicable exceptions or defenses available through contract, statute, common law, regulation or standard banking practices. Disclosure of Account Information to Third Parties You will disclose information to third parties about my account and transfers I make only: Where it is necessary to complete transfers, investigate possible unauthorized transactions, or combat fraud In order to verify the existence and condition of my account for a third party, such as a credit bureau or merchant To comply with government agency or court orders If I give written or oral permission To any subsidiary or affiliate To offer me products and services that you believe may interest me As otherwise permitted in American Bank, N.A.'s Deposit Agreement and Disclosures, by law, or as required by government regulations Provisions Relating to Fees and Charges Monthly Service Fee Bank OnLine, Bill Pay and 24-Hour Bank-By-Phone are currently free of monthly service charges to American Bank customers. I understand that pricing is subject to change at American Bank's discretion. Transaction Fees If the account from which a transfer is made through Bank OnLine or 24-Hour Bank-By-Phone is subject to per-item fees for excess debit transactions, such as Savings or Money Fund accounts, a fee will be charged for each such transfer in excess of the specified limit. (Bill Pay service cannot be established for Savings and Money Fund accounts.) For an American Savings account, a $3.00 per transaction fee will be charged for withdrawals and/or transfers in excess of two (2) per month. For a Young American, a $1.00 per transaction fee will be charged for withdrawals and/or transfers in excess of three (3) per quarterly statement cycle. For an American Money Fund account, a $10.00 per transaction fee will be charged for withdrawals and/or transfers in excess of six (6) per monthly statement cycle. Last Update 1/02/2007