SecureMSG User Agreement
  1. Welcome! Welcome to FNB Bank, powered by Computer Services Inc. (CSI). Through our service, you can achieve a high level of security when transferring or receiving information over the Internet and in storing that information. Please refer to https://www.securemsg.com for a detailed discussion of how our system operates.
  2. Our Rules. For our service to function at its best, we have certain terms and conditions that govern our service. By clicking on the "I ACCEPT" button at the bottom of this User Agreement, you agree to be bound by the terms and conditions outlined below.
  3. Updates and Amendments. We may update and amend this User Agreement at any time by posting the modified version of the User Agreement at https://www.securemsg.com. This Agreement was last modified as of April 6th, 2016.
  4. Eligibility. To access our services, you must have opened an account with us as provided for at https://www.securemsg.com.
  5. Account and File Cleanup. User accounts will remain on the system as long as there is activity on the account. If the account is inactive for a period greater than 12 months, the account will be removed. Messages will remain on the system for a period of 30 days before they are automatically purged. Messages associated with financial statements and/or account notices delivered through one of our financial institution partners will remain on the system for 90 days before they are automatically purged.
  6. Our Requirements. For you to be able to receive and view the information and materials that you receive through FNB Bank, you must use an Internet browser that supports 128-bit encryption. Our system supports all modern web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer.
  7. Privacy. Our privacy policy is set forth in full at https://www.securemsg.com and is incorporated into and made a part of this Agreement.
  8. Dealings with Third Parties. You may have accessed our services through a third party. Additionally, you may see a third party's logo and/or name on our site, a link to a third party's site from our site and/or a display in our communications to you of a name and logo of a third party. Please note that your dealings with such third party are solely between you and the third party, and you assume full responsibility for such dealings. Please note further that we and any third party referenced in connection with our services are subject to the privacy policy set forth at https://www.securemsg.com and on the respective third party's site.
  9. Security. To access your materials and information, you must use a unique username and adopt a password that must be at least eight characters and contain a mix of letters and numbers. Your user name must be a valid email address. To protect the security of your information and materials, you must not disclose or share your password with any third party.
  10. Copyright and Use of Materials. The information and materials used in providing our services are protected under United States copyright laws and worldwide copyright laws and treaty provisions and are owned by CSI or other third parties. You may download a copy of this User Agreement and our privacy policy for your personal, non-commercial use, provided you do not delete or change any copyright or trademark notice. You may, of course, download and reproduce your own materials that you may have stored with us. The downloading or reproduction of all other materials is prohibited.
  11. Trademarks. CSIeSafe, CSI, and MySafe are service marks of CSI and are protected under state and federal law.
  12. NO WARRANTY. BECAUSE OF THE UNPREDICTABILITY OF THE INTERNET, WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR FNB Bank ACCOUNT AND YOUR MATERIALS AND INFORMATION LOCATED THEREIN. HOWEVER, SHOULD YOU BE UNABLE TO ACCESS YOUR ACCOUNT, YOU CAN OBTAIN ASSISTANCE USING THE CONTACT US SECTION ON THE HOMEPAGE OF THIS WEBSITE
  13. LIMIT OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL WE (OR ANY OF OUR BANK AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR BANK AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SERVICES, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.
  14. TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS USER AGREEMENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. YOU FURTHER AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US WITHIN THE LAST 90 DAYS (IF ANY) FOR OUR SERVICES.
  15. If you are a California resident, you waive California Civil Code 1592, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
  16. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services.
  17. Notices. If you want to send us a notice in relation to this Agreement, you must send it by e-mail to the following address: ebiz@csiweb.com. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail return receipt requested to our most current mailing address that we have for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three days after the date of mailing.
  18. Arbitration. You agree that any claim or controversy relating to this Agreement or our services will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in Louisville, Kentucky and that judgment on the arbitration award may be enforced by any court having proper jurisdiction. You or CSI may seek interim or preliminary relief from a court for the purpose of protecting your or our rights pending the completion of the arbitration; provided, however, that you agree that any legal proceeding arising out of or in connection with this Agreement will be brought by you or us in the appropriate state or federal court in Paducah, Kentucky.
  19. Governing Law. You agree that this Agreement is governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws rules or principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of, or purchase of services through, our site shall be an appropriate state or federal located in Paducah, Kentucky.
  20. Offensive, Libelous or Unlawful Messages; Copyright and Other Restrictions on Use of Service.
    1. No Offensive Content. You agree that you will not use, or allow others to use your account, to post, transmit, promote, or facilitate the distribution of any threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind.
    2. No Illegal Material or Encouragement of Illegal Behavior. You agree that you will not use, or allow others to use, your account to post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to material that would constitute or encourage a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree that you will not use this site to commit a crime, or to plan, encourage or help others to commit a crime.
    3. No Violation of Copyright, Trademark or Trade Secret Rights. You agree that you will not use your account or the site to publish, post, distribute or disseminate another's proprietary information, including but not limited to trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.
    4. No Spamming, Advertisements or Chain Letters. You agree that you will not use, or allow others to use your account, to post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities. You will not post or transmit requests for money to persons not personally known to you, petitions for signature, chain letters or letters relating to pyramid schemes. Except as specifically permitted by CSI, you will not post or transmit any advertising, promotional materials or any other form of solicitation. We reserve the right, in our sole discretion, to determine whether such post or transmission constitutes an advertisement, promotional material or any other form of solicitation.
    5. No Hacking. You agree that you will not use, or allow others to use your account, to unlawfully access other computers or services, or to cause a disruption of service to other on-line users.
    6. No System Disruption. You may not use, or allow others to use, your account to cause disruption of the normal use of the system by others including without limitation disrupting our backbone network, nodes, or services.
    7. No Impersonation of Others. You agree that you will not impersonate another user or otherwise falsify another's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
    8. No Viruses. You agree that you will not use, nor allow others to use, your account to intentionally transmit computer viruses, or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software programs.
    9. CSI Right to Discontinue Service. CSI reserves the right to refuse service, not transmit any information or materials to, or to remove any information or materials from, its system, or provide such information and materials to the proper governmental authorities upon presentation of a search warrant, court order or other authorization required by law without liability to CSI, upon its reasonable suspicion that you have violated this Agreement, upon the request of a third party indicating that you have violated this Agreement or the rights of such third party, or upon the request of proper governmental authorities who comply with the requirements noted above. You agree to release CSI from any claims, allegations, costs or expenses that may result from such actions of CSI. Further, you agree to release CSI from any liability or cost arising out of any action or inaction of any other user of its services that is in violation of law or of this or other agreements with CSI.