Agreement -- This Agreement, which includes the Enrollment Form, is a contract, which establishes the rules, that cover your electronic access to your accounts at Horizon Bank, N.A. through AccessHorizon Online. By using or permitting any other person to use AccessHorizon Online, you accept all the terms and conditions of this Agreement. Please read it carefully.
The terms and conditions of the Customer/Bank Relationship Agreement, deposit agreements and disclosures for each of your Horizon accounts as well as your other agreements with Horizon such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
This Agreement is also subject to applicable federal laws and the laws of the State of Indiana (except to the extent this Agreement can and does vary such rules or laws). If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. You may not assign this Agreement. This Agreement is binding upon your heirs and Horizon'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 with fee disclosures, constitutes the entire agreement between you and Horizon 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 "Horizon" mean Horizon Bank, N.A. and any agent, independent contractor, designee or assignee the Bank may, in its sole discretion, involve in the provision of online services. "You" and "your" refer to the accountholder authorized by Horizon to use AccessHorizon Online under this Agreement and anyone else authorized by that accountholder to exercise control over the accountholder's funds through AccessHorizon Online. "Account" or "accounts" means your accounts at Horizon. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point-of-sale transactions, transfers to and from your Horizon accounts using AccessHorizon Online including bill payments. "AccessHorizon Online Services" means the services provided pursuant to this Agreement, "Business days" means Monday through Friday. Holidays are not included.
Access - To use AccessHorizon Online, you must have at least one checking account at Horizon, access to Internet service, and an e-mail address. You are responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing online services. You will be responsible for paying any telephone company or utility charges and/or Internet access service fees incurred while using telephone lines and/or Internet access services to connect with online services provided by the Bank.
Once we have received your Enrollment Form, and verified your account information, we will send you by e-mail confirmation of our acceptance of your enrollment, along with a temporary password and your login ID if not previously provided. AccessHorizon Online can be used to access only the Horizon accounts which you have designated for access by AccessHorizon Online on your Enrollment Form. You can add or delete any of your Horizon accounts from this Agreement by e-mailing AccessSupport@accesshorizon.com. Access to your accounts through AccessHorizon Online will be based upon the identification of users and authority levels specified by you in your Enrollment Form, provided that we shall have no responsibility or obligation whatsoever to monitor transactions through AccessHorizon Online to determine that they are made on behalf of the accountholder.
AccessHorizon Online Services - You can use AccessHorizon Online to check the balance of your Horizon accounts, view Horizon account histories, transfer funds between your Horizon accounts, make stop payment requests, change your address, and pay bills from your Horizon accounts.
Hours of Access - You can use AccessHorizon Online seven days a week, twenty-four hours a day, although some or all services may not be available occasionally due to problems arising in connection with transmissions over the internet, emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the AccessHorizon Online website. Online Banking customer service support is available Monday through Friday from 8:00 a.m. to 5:00 p.m. (Central Daylight Time).
Your Password - For security purposes, you are required to change your password, select challenge questions, and select an image and phrase upon your initial login to AccessHorizon Online. You determine what password, questions and image that you will use. The identity of these responses is not communicated to us. You agree that we are authorized to act on any and all instructions received from you while successfully logged in to AccessHorizon Online. You accept responsibility for the confidentiality and security of your password and other information related to your account and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to AccessHorizon Online will be revoked. You may then request a self-service password reset through our web site or you may call customer support at 219-873-2640 or toll-free 1-888-873-2640 Monday through Friday from 8:00 a.m. to 5:00 p.m. (Central Daylight Time).
We recommend that you create a password consisting of 7-10 characters which may utilize 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, date of birth, names of children, and should be memorized rather than written down.
Security - You understand the importance of your role in preventing misuse of your accounts through AccessHorizon Online and you agree to promptly examine your paper statement for each of your Horizon accounts as soon as you receive it. You agree that it is your sole responsibility 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, together with challenge phrases and other information related to your account, may allow access to your account. Your password, login ID, and challenge questions are intended to provide security against unauthorized entry and access to your accounts. Data transferred via AccessHorizon Online is encrypted in an effort to provide transmission security, and AccessHorizon Online utilizes identification technology to verify that the sender and receiver of AccessHorizon Online transmissions can be appropriately identified by each other. Notwithstanding our efforts to ensure that the AccessHorizon Online 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 potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing AccessHorizon Online, or e-mail transmitted to and from us, will not be monitored or read by others.
You acknowledge that the Internet lacks inherent security for commercial transactions. Horizon Bank, N.A. cannot and does not guarantee that downloads from this site will not contain a virus or other destructive device. Additionally, you provide, request and receive information via the Internet with the knowledge that such information can be intercepted and/or viewed by unknown third parties.
Fees and Charges - You agree to pay the fees and charges for your use of AccessHorizon Online Services as set forth in the current fee schedule as it may be amended from time to time on 30 days notice to you. You agree that all such fees and charges will be deducted from the Horizon checking account designated by you during enrollment. If you close your designated checking account, you must contact us immediately to designate another checking account for charges. You agree to pay any additional reasonable charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of AccessHorizon Online.
The Bank will not charge you a fee for using Internet Banking. However, if you have a personal checking or a business checking account and subscribe to the Bill Payment Service, you agree to pay the bank a transaction fee of $.35 per Bill Payment transaction over 15 per month for using the Bill Payment service.* There is no additional charge to receive electronic bills from the Payees that you specify. You authorize the Bank to deduct the Bill Payment transaction fees, if applicable, each month, from the personal or business checking account you designate. This fee is in addition to regular transaction, overdraft and any other fees that may be in effect for Horizon accounts.
Note:
*Bill Payment Service per item fees may vary as stated in your Deposit Account disclosure's section of Additional Benefits.
Posting of Transfers - Horizon will make reasonable effort to see that transfers *(see exception) initiated through AccessHorizon Online before 9:00 p.m. (Central Daylight Time) on a business day are posted to your account the same day. Transfers completed after 9:00 p.m. (Central Daylight Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. AccessHorizon Online identifies transfers based upon the login 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 AccessHorizon Online will not reflect transfers made by multiple users from the same account if different login IDs are used.
*Exception--Transfers initiated through AccessHorizon Online from a line of credit before 3:00 p.m. (Central Daylight Time) on a business day are posted to your account the same day. Transfers from a line of credit after 3:00 p.m. (Central Daylight Time) on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day.
Overdrafts (Order of Payments, Transfers, and other Withdrawals) - If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:
Limits on Amounts and Frequency of AccessHorizon Online Transactions - The number of transfers from Horizon 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.
AccessHorizon Online Bill Payment Service - Online bill payment is provided to you for your convenience. The actual payment of such bills is handled by an independent third party, Fiserv CheckFree. Horizon Bank, N.A. cannot and will not guarantee, or have any responsibility for the completion and accuracy of such transactions.
For further information, please refer to the Terms and Conditions of the Bill Pay Service agreed to when you enroll for this service. A copy of those terms and conditions are available online or by contacting Horizon Bank.The following payments are prohibited through the Bill Payment Service:
1) Tax Payments and other governmental fees;
2) Court Ordered payments, alimony and child support payments;
3) Payments to Payees outside of the United States.
Disclosure of Account Information and Transfers To Third Parties - We will not disclose information to third parties about your account or the transfers you make unless it is necessary in completing transfers, or in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, in order to comply government agencies or court orders, or if you give us permission. Also, refer to our Privacy Statement for further classification.
Periodic Statements - You will not receive a separate AccessHorizon Online statement. Transfers to and from your accounts using AccessHorizon Online will appear on the respective periodic paper statements for your Horizon accounts.
Change in Terms - We may change any term of this Agreement at any time. If the change would result in increased fees for any AccessHorizon 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 system. We will post any required notice of the change in terms on the AccessHorizon Online 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 fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject AccessHorizon 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.
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 AccessHorizon Online Services provided to you under this Agreement. We do not and cannot warrant that AccessHorizon Online will operate without errors, or that any or all AccessHorizon 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 Horizon, our officers, directors, employees, agents or affiliates 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 AccessHorizon 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 Horizon and its affiliates exceed the amounts paid by you for the services provided to you through AccessHorizon Online.
Your Right to Terminate - You may cancel your AccessHorizon Online Service at any time by providing us with written notice by postal mail or fax. Your access to AccessHorizon Online will be suspended within 3 business days of our receipt of your 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 - The Bank may terminate online services in whole or in part at any time without prior notice. The Bank reserves the right to limit or suspend your access to online services at any time without notice. Termination, limitation or suspension of online services shall not effect your liability or obligations under this Agreement.
Applicable Law and Jurisdiction; Interpretation and Modification - This agreement shall be governed by and construed and enforced in all cases by the substantive laws of the State of Indiana notwithstanding the fact that Indiana conflicts of law rules might otherwise require the substantive rules of law of another jurisdiction to apply. The parties hereby consent to the exclusive jurisdiction of any state court situated in LaPorte county, Indiana, or Federal court located in the northern district of Indiana, and waive any objection based on forum non conveniens with regard to any actions, claims disputes, or proceedings relating to this agreement or any transactions arising therefrom, or enforcement and/or interpretation of any of the foregoing. Nothing herein shall affect Horizon's rights to serve process in any manner permitted by law, or limits Horizon's right to bring proceedings against you in the competent courts of any other jurisdiction or jurisdictions.
Waiver of Jury Trial - The parties hereby jointly and severally waive any and all right to trial by jury in any action or proceeding relating to this agreement, the obligations thereunder, or any transaction arising therefrom or connection thereto. You represent to Horizon that this waiver knowingly, willingly, and voluntarily given.
Attorney Fees - Should any dispute arise between the Parties to this agreement concerning the rights and duties of either party in relation to this Agreement, Horizon shall be entitled to recover (in addition to any other relief that may be granted) a reasonable sum as and for its attorney fees in connection with such dispute.
Communications between Horizon 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 by e-mail at AccessSupport@accesshorizon.com. (Please note that banking transactions through AccessHorizon Online are not made via e-mail.)
Telephone - You can contact us by telephone at (219) 873-2640 or toll free at 1-888-873-2640.
Fax - You can contact us by Fax at (219) 873-2626.
Postal Mail - You can write to us at:
Horizon Bank, N.A.
Attn: AccessHorizon Online
P O Box 800
Michigan City, IN 46361-0800
In Person - You may visit us in person at any one of our locations.
Consent to Electronic Delivery of Notices, Disclosures and Other Information - You agree that any disclosure, notice or other type of information communicated to you pursuant to the terms of this Agreement and any future disclosures, notices of information required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Horizon Bank website or by e-mail. You agree to notify us immediately of any change in your e-mail address.
You have the right or option to have any disclosure, notice or other information provided to you on paper or in other non-electronic form upon request. No fee will be charged for such copy. You have the right to withdraw your consent to electronic delivery, upon notice to us. Notice must be received at least 30 days to prior to terminate electronic delivery for disclosures or other notices.