Common use of Mobile Banking Limitations Clause in Contracts

Mobile Banking Limitations. It is important that you understand the limitations of the Mobile Services, including but not limited to the following:  The balance of the Accounts may change at any time as we process items and fees against them, and the information provided to you through the Mobile Services may become quickly outdated. Financial information obtained through the Mobile Services (including, without limitation, any text message alerts) reflects the most recent Account information available through the Mobile Services and may not be accurate or current. You agree that neither we nor our Licensors will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.  Because the Mobile Services are accessible only through your Mobile Device, your access to the Mobile Services may be limited by the service provided by your telecommunications carrier.  There may be technical or other difficulties related to the Mobile Services. These difficulties may result in loss of data, personalized settings or other the Mobile Services interruptions. We do not assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with your use of a Mobile Service; nor for the delivery or the accuracy of any information requested or provided through a Mobile Service. We reserve the right to block access or delete the Mobile Service software from your Mobile Device if we or our Licensor have reason to believe you are misusing a Mobile Service or otherwise not complying with this Addendum, or have reason to suspect your Mobile Device has been infected with malicious software or virus. You will not use the Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only use it in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you will not use the Services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data that is illegal, or material or data, as we determine (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm our or our Licensor’s reputation; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs- related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling- related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose us or any of our affiliates or our Licensor, or any other third party, to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Licensor and its affiliates, or any other third party. You will not attempt to: (a) access the Services for a use that has not been authorized; (b) use or attempt to use a third party’s account; (c) interfere in any manner with the provision of a Service, the security of a Service, or other customers of a Service; or (d) otherwise abuse the Services. The risk of error, failure, incompatibility or nonperformance of your Computer system and Mobile Device is your risk and includes the risk that you do not operate your Computer, your software or your Mobile Device correctly. We are not responsible for any errors or failures from any malfunction of your Computer, software or Mobile Device. We will have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer, software or Mobile Device. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER, SOFTWARE OR MOBILE DEVICE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We make no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with the Online Services (e.g. Quicken, Microsoft Money). We are not responsible for nor will we have any liability for any loss or damage, direct or consequential, from electronic viruses, worms, trojans, keystroke loggers, spyware or any other “malware” that you may encounter on your Computer using your Internet access provider or on any Computer system or Mobile device with which you choose to access the Services. WE STRONGLY ENCOURAGE YOU TO INSTALL, PROPERLY USE, AND KEEP UP-TO-DATE ANTI-VIRUS, ANTI-SPAM, ANTI-SPYWARE AND FIREWALL SOFTWARE AND/OR HARDWARE PRODUCTS FROM RELIABLE, REPUTABLE PROVIDERS TO PROTECT YOUR ONLINE AND MOBILE SECURITY.

Mobile Banking Limitations. It is important that 1. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings, or other Mobile Banking interruptions. Neither we nor any of our service providers assumes responsibility for any disclosure of account information to third parties by someone other than us or our service providers, or the timeliness, deletion, misdelivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking. 2. Neither we nor any of our service providers assumes responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network which you understand the limitations of utilize toaccess Mobile Banking. 3. You agree to exercise caution when utilizing the Mobile ServicesBanking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information. 4. Information about activity is synchronized between the Mobile Banking software and our Online Banking website. Transfer and payment information available via the Mobile Banking software may differ from the information that is available directly through our Online Banking. Information available directly through our Online Banking may not be available via the Mobile Banking software, may be described using different terminology, or may be more current than the information available via the Mobile Banking software, including but not limited to account balance information. The method of entering instructions via the following:  The balance Mobile Banking software also may differ from the method of entering instructions through our Online Banking. We are not responsible for such differences, whether or not attributable to your use of the Accounts may change at any time as we process items and fees against themMobile Banking software. Additionally, and the information provided to you through the Mobile Services may become quickly outdated. Financial information obtained through the Mobile Services (including, without limitation, any text message alerts) reflects the most recent Account information available through the Mobile Services and may not be accurate or current. You agree that neither we nor our Licensors service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. 5.  Because the Peoples National Bank will make every reasonable effort to secure Mobile Services are accessible only through your Mobile Device, your Banking to prevent access by unauthorized persons and to the Mobile Services may be limited by the service provided by your telecommunications carrier.  There may be technical or other difficulties related to the Mobile Services. These difficulties may result in loss of data, personalized settings or other the Mobile Services interruptions. We do not assume any responsibility for the timeliness, deletion, or misdelivery of any user data, failure to store user data, communications or personalized settings in connection with your use of a Mobile Service; nor for the delivery or the accuracy of any information requested or provided through a Mobile Serviceprevent malicious content such as viruses. We reserve the right to block take actions to protect our systems and information; we may at our discretion deny access or delete to users of Mobile Banking. 6. The accounts that you access using Mobile Banking are subject to the Mobile Service software from terms and conditions of your Mobile Device if we or our Licensor have reason to believe you are misusing a Mobile Service or otherwise not complying with this Addendum, or have reason to suspect your Mobile Device has been infected with malicious software or virus. You will not use the Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose Deposit Account Agreement and will only use it in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulationsDisclosure, including the U.S. Export Administration Regulationsterms and conditions for internet banking, bill payment, online statements, and electronic funds transfer activities. Without limiting the foregoingAccordingly, you will not use agree thatwe reserve the Services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates limit types and number of accounts eligible and the right to refuse to make any third party’s intellectual property rights, rights transaction you request through Mobile Banking. We may also reserve the right to modify the scope of publicity, privacy, or confidentiality, or the rights or legal obligations service at any time. 7. The privacy of any wireless service provider or any of its clients or subscribers; (iii) material or data that your information is illegal, or material or data, as we determine (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful important to minors or excessive in quantity, or materials the transmission of which could diminish or harm our or our Licensor’s reputation; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs- related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling- related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or us. We collect only information that is false, misleading, or inaccurate; (vii) any material that would expose us or any of necessary to serve you and administer our affiliates or business. Please refer to our Licensor, or any other third party, to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of the Licensor and its affiliates, or any other third party. You will not attempt to: (a) access the Services Privacy Policy for a use that has comprehensive statement on the safeguards to protect your confidential personal information. 8. Mobile Banking may not been authorized; (b) use be accessible or attempt to use a third party’s account; (c) interfere in any manner with the provision of a Servicemay have limited utility over some network carriers. In addition, the security of a Service, or other customers of a Service; or (d) otherwise abuse the Servicesservice may not be supportable for all devices. The risk of error, failure, incompatibility or nonperformance of your Computer system Peoples National Bank cannot guarantee and Mobile Device is your risk and includes the risk that you do not operate your Computer, your software or your Mobile Device correctly. We are not responsible for any errors the availability of data services provided by your mobile carrier, such asdata outages or failures from any malfunction out of your Computer, software or Mobile Device. We will have no liability to you for any damage or other loss, direct or consequential, which you may suffer or incur by reason of your use of your Computer, software or Mobile Device. WE MAKE NO WARRANTY TO YOU REGARDING YOUR COMPUTER, SOFTWARE OR MOBILE DEVICE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. We make no representations or warranties regarding the accuracy, functionality, or performance of any third party software that may be used in connection with the Online Services (e.g. Quicken, Microsoft Money). We are not responsible for nor will we have any liability for any loss or damage, direct or consequential, from electronic viruses, worms, trojans, keystroke loggers, spyware or any other “malware” that you may encounter on your Computer using your Internet access provider or on any Computer system or Mobile device with which you choose to access the Services. WE STRONGLY ENCOURAGE YOU TO INSTALL, PROPERLY USE, AND KEEP UP-TO-DATE ANTI-VIRUS, ANTI-SPAM, ANTI-SPYWARE AND FIREWALL SOFTWARE AND/OR HARDWARE PRODUCTS FROM RELIABLE, REPUTABLE PROVIDERS TO PROTECT YOUR ONLINE AND MOBILE SECURITYrange issues.