FIRST ROBINSON SAVINGS BANK, N.A.
1. Account Terms and Conditions.
The services (the "Service") are provided by First Robinson Savings Bank, N.A. (the "Provider") to you ("Member" or "you"), subject to the terms and conditions of this Customer Agreement. This Agreement, and the Appendices hereto, if any (collectively, "Agreement"), comprise the entire agreement between the Provider and you, and supersedes any prior agreements between you and the Provider with respect to the subject matter hereof; provided, however, that you shall be subject to any additional terms and conditions which you are notified of and which may apply when using third party Content, software or services. The Provider may revise this Agreement at any time, and such revision shall be effective thirty (30) days upon delivery of the revised Agreement to you by U.S. mail, postage prepaid, to the billing address for the Account. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 13 below. Your continued use of the Service following Notice of any such revision to this Agreement shall be conclusively deemed to be acceptance of all such revisions.
2. Member Information.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER FOR THE SERVICE AND OBTAIN A MEMBER ACCOUNT; HOWEVER, A PARENT OR LEGAL GUARDIAN MAY AUTHORIZE A MINOR TO USE SUCH PERSON'S ACCOUNT UNDER ADULT SUPERVISION. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD. Upon registration with the Provider as a Member, you will receive a password and an account ("Account"). You are entirely liable for all activities conducted through your Account and any sub-accounts or screen-names under your Account (hereinafter all references to "Account" shall be deemed to include your Account and any sub-accounts or screen-names under your Account). (A Member may permit another individual, including a minor, to use the Member's Account subject to Member supervision and with assumption of all resulting liabilities.) You agree to provide the Provider with accurate, complete and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to the Service, and may result in immediate termination of your Account and subject you to civil and/or criminal liability. You may not select or use a screen-name of another person (unless it's also your name), or a name in violation of the intellectual property rights of any person other than you, or a screen-name that the Provider deems offensive. The Provider reserves the right to disclose to selected third parties certain limited member information (e.g., name and mailing address) for the purpose of providing information regarding related products and services.
3. Accessing and Using the Service.
A. Equipment. Most Members will access the Service through a standard residential telephone line, a modem, and a personal computer that each Member is responsible for providing. For specific technical questions, call EOS, Inc. ("EOS") at (217) 241-6006. EOS is currently open from 8:00 a.m. to 8:00 p.m. (Central Standard Time) seven days a week. Access numbers used to connect to the Service may be owned or operated by independent network service providers other than the Provider.
B. Telephone Charges. You are responsible for all telephone charges incurred in connecting to the Service through an available access number. Any disputes or problems regarding phone service are strictly between Member and the applicable telephone and/or long distance service provider.
C. Content. You agree to abide by the U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization.
4. Account Charges.
Current rates and surcharges for using the Service may be obtained by calling the Provider's Customer Service at (618) 544-8621. The Provider's billing practices are explained under "Account Billing" in Appendix A to this Agreement. The Provider reserves the right to change its fees and billing methods at any time effective thirty (30) days after providing notice in the manner set forth in Section 1 above. If any such change is unacceptable to you, you may terminate your Membership as provided in Section 13 below. Your continued use of the Service following any such change shall be deemed acceptance of such change. Your monthly membership fee is payable in advance and is not refundable in whole or part. You are responsible for all charges associated with connecting to the Service. Depending on your particular location, the nearest access number may or may not be a local phone call. You should confirm that such access number is a local call with your telephone company. You are responsible for all activities and charges under your Account, including any unauthorized charges to your account. Each time you use the Service you agree and reaffirm that the Provider is authorized to withdraw funds via electronic funds transfer from your deposit account.
5. Member Rights and Responsibilities.
A. Content. You acknowledge that (i) the Service contains information, communications, software, photos, video, graphics, music, sounds and other material and services (collectively, "Content"), and (ii) such Content is generally provided under license by independent content providers ("ICPs") and other Service members/users. Each member and any user of the Member's Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. The Provider does not pre-screen Content as a matter of policy, but the Provider and ICPs shall have the right, but not the responsibility, to remove Content which is deemed in their discretion harmful, offensive, or otherwise in violation of this agreement.
B. Rights. You acknowledge that (i) the Service permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Rights"), (ii) these Rights are valid and protected in all media existing now or hereafter developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by applicable copyright and other intellectual property laws. (See "Online Conduct" in Appendix A for details.) You agree that you may upload to the software files, message boards or otherwise transmit on or through the Service only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. By submitting Content to any "Public Area" (e.g., public chat rooms, message boards, software libraries; See "Online Conduct" in Appendix A for more details) you automatically grant (or warrant that the owner of such Content has expressly granted) the Provider the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate create derivatives works from, distribute, works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such Content.
C. Conduct and Communication. The Provider may elect in its sole discretion to monitor some, all or none of the Public Areas of the Service for adherence to the Agreement. You agree to use the Service only for lawful purposes. Any conduct by a Member that in the Provider's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying the Service or another service will not be permitted and shall entitle the Provider to immediately terminate membership without notice. (See "Online Conduct" in Appendix A for examples of prohibited conduct). The Provider intends to respect its Member's privacy and will not randomly monitor or disclose the contents of private communication, if it in good faith believes that such action is necessary (i) to comply with applicable law or valid legal process; (ii) to protect the rights or property of the Provider; or (iii) in emergencies when public or private safety is an issue.
D. Service Usage. If you are signed on to the Service but are inactive for a period of fifteen (15) minutes, you may be automatically logged off the Service by the Provider.
6. International C&S/Internet
A. International Areas. You acknowledge that your use of the Service allows access to Content originating from other subscribers, ICPs and other third parties located in countries other than the United States ("International C&S"). Your access to and use of the International C&S will be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate national laws and customs.
B. Internet. The Service offers members access to the Internet. The Internet is not owned, operated, managed by, or in any way affiliated with, the Provider or any of its affiliates. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. The Provider retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate a Member's access to the Internet via the Service or to the Service. (See "Online conduct" in Appendix A for details).
7. NO WARRANTY.
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE, THE SERVICE'S E-MAIL SERVICES AND THE INTERNET ARE THE MEMBER'S SOLE RISK. THE SERVICE AND THE SERVICE'S E-MAIL SERVICES ARE PROVIDED ON AN "AS IS,""AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICE AND THE PROVIDER'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE THE SERVICE BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES THE PROVIDER'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW.
Member agrees to indemnify, defend and hold the Provider, its affiliated companies, licensees and ICPs from and against any claim, loss, damage, cost, or expense, including reasonable attorney's fees and expenses of litigation, which the Provider, its affiliated companies, licensees and ICPs may incur or suffer by reason of Member's breach of the Agreement by use of, or in connection with, the transmission by or through Member's Account of any Content on the Service. The Provider reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder; provided, however, that the assumption of such defense, and control thereof, will not relieve the Member from its obligation to provide indemnification hereunder.
9. Purchasing Goods and Services through the Service.
The Provider does not endorse, warrant or guarantee any product or service offered through the Service and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. The Provider cannot mediate disputes and cannot assume responsibility for any outcome.
10. Third Party Software and Service.
In addition to Content and services provided by Information Providers and the Provider, other third parties may offer additional content, software or other services to Members. Members may be subject to any additional terms and conditions relating to the use of such third party content, software or services and failure to abide by these terms and conditions may result in termination of Membership. Furthermore, use of other networks, including areas of the Internet, may be subject to any usage policies of such network.
11. Public Communications.
The Service offers Members the capability to communicate in Public Areas generally accessible to other Members or to communicate privately with another Member. The Provider has neither the practical capability, nor does it intend, to screen communication in advance.
The Provider reserves the right to prohibit conduct, communication, or Content on the Service which it deems in its sole discretion to be harmful to any Member, the communities which comprise the Service, the Provider's and third-parties' rights, or to violate applicable law. See "Online conduct" in Appendix A. Notwithstanding the foregoing, neither the Provider nor its Information Providers have the practical ability to restrict conduct, communication or Content which might violate this Agreement prior to transmission on the Service, nor can they ensure prompt editing or removal of actually or potentially violating Content after on-line posting. Accordingly, you acknowledge that neither the Provider nor any information Provider shall assume or have any liability for any action or inaction by the Provider or any ICP with respect to conduct, communication or Content on the Service.
12. E-Mail Storage.
The Provider's current general practice is that (i) E-Mail is retained on the Service for approximately five (5) days after the date it is read and then permanently deleted, and (ii) unread E-Mail is kept on the Service for approximately thirty (30) days; however, the Provider makes no warranties of any kind with respect to its E-Mail service and is not responsible for any message which may be misprocessed by the Provider. The Provider reserves the right to change its above mentioned practice at any time without notice. If a screen-name is deleted, any unread E-mail sent prior to that deletion will also be removed, as a deleted screen-name cannot be reinstated.
THE SERVICES MAY BE TERMINATED AT ANYTIME AT THE SOLE AND ABSOLUTE DISCRETION OF THE PROVIDER. MEMBER OR THE PROVIDER MAY TERMINATE MEMBERSHIP AT ANY TIME. Member's only right with respect to any dissatisfaction with any (i) Agreement term, or policy or practice of the Provider in operating the Service; (ii) Content available through the Service or change therein; or (iii) amount or type of fees or billing methods, or change therein, is to terminate Membership by delivering written notice to the Provider. Member's notice of termination will be effective upon receipt by the Provider. In the event that a Member's Account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted and any online time credited to such Member's Account is not convertible to cash or other form of credit.
Captions in this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof.
15. SUBMISSION TO JURISDICTION; VENUE.
In consideration of the services provided herein, Member irrevocably agrees that, subject to Provider's sole and absolute discretion, all suits, actions or other proceedings in any way, manner or respect arising out of or from or related to this Agreement shall be subject to litigation in court having situs in Robinson, Illinois; and Member hereby waives trial by jury and consent and submits to the jurisdiction of any local, state, or Federal court located in Crawford County, Illinois, and hereby waives any rights such Member may have to transfer or change the venue of any suit, action or proceeding arising in connection with this Agreement or the Service.
No failure on the part of the Provider to exercise, and no course of dealing with respect to any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the Provider of any right, power or remedy hereunder preclude any other right, power or remedy.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. This Agreement and any document or instrument executed in connection herewith shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of Illinois, excluding its conflicts of law provisions, and shall be deemed for all purposes to have been executed and performed entirely with the State of Illinois.
Current rates for using the Service may be obtained by calling the Provider's Customer Service at (618) 544-8621 during the hours of 8:00 a.m. and 4:00 p.m., Central Standard Time, Monday through Friday. Each time you use the Service you agree and reaffirm that the Provider is authorized to withdraw funds via electronic funds transfer ("EFT") from your deposit account.
If the Provider does not receive the full amount of your Service account balance within thirty (30) days of the invoice date, an additional 1.0% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to your bill and shall immediately become due and payable. As a Member, you shall also be liable for all reasonable attorney's fees and other collection expenses incurred by the Provider to collect any unpaid Account balance. Unless you notify the Provider of any discrepancies within 90 days after they first appear on your Account statement, they will be deemed acceptable by you for all purposes. You release the Provider from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to the Provider with 90 days of the date of your Account statement.
1. Online Conduct.
A. Generally. Any conduct by you that in the Provider's discretion restricts or inhibits any other Member from using or enjoying the Service will not be permitted and may result in termination of Membership. You agree to use the Service only for lawful purposes. You may not post to the Service to:
- i. harass, threaten, embarrass or cause distress, unwanted attention or discomfort to another Member or user of the Service or other person or entity;
- ii. post or transmit sexually explicit images or other content which is deemed by the Provider, in its sole and absolute discretion, to be offensive;
- iii. transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise objectionable Content;
- iv. cause the screen to "scroll" faster than other Members or users are able to type to it or any action of a similar disruptive effect;
- v. impersonate any person, including but not limited to, an employee of the Provider or an information provider, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use;
- vi. disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other Members, users, individuals, or entities:
- vii. post or transmit chain letter or pyramid schemes;
- viii. post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose;
- ix. violate any operating rule, policy or guideline of any other interactive service, including but not limited to the operating policies of the International Areas; or
- x. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation having the force of law
B. Offensive Communication. Use of vulgar, abusive or hateful language in not permitted.
C. Harassment. When a Member targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. The Provider does not condone harassment in any form and may suspend or terminate the accounts of any Member who harasses others. Personal attack, or attacks based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited.
D. Graphic Files. The Provider prohibits the transfer or posting on the Service of sexually explicit images or other content deemed offensive by the Provider, in its sole and absolute discretion.
E. Scrolling. "Scrolling" means repeatedly causing the screen to roll faster than Members are able to type to it. It is caused by a user entering a set of random characters or by repeatedly entering a carriage return or any such action to a similar disruptive effect. Scrolling is an expressly prohibited form of disruption.
F. Impersonation. The portrayal of another person or entity, such as the impersonation of an employee or officer of the Provider or an information provider, authorized Guide or Host, or communication under a false name or a name that you are not authorized to use is prohibited.
G. Room Disruption. The purposeful interference with the normal flow of dialogue in a chat room is prohibited. Room disruption may occur by repeatedly interrupting conversation between Members, or by acting in such a way as to antagonize, harass or create hostility in a chat room.
H. Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on the Service.
I. Advertising, Solicitation, and Name Harvesting. You may not use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Members except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the Member. You may not use the Service to collect or "harvest" screen-names of other Members without the express permission of the Member.
2. Content. You recognize that the Provider cannot, and does not intend to, screen communication in advance. The Provider is not responsible for authenticating, screening, policing, editing, or monitoring Content. If notified of Content which is alleged not to conform to this Agreement, the Provider may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such content from the Service. The Provider shall have no liability or responsibility to you in respect of its performance or non-performance by the provider of such activities. The Provider will not endorse, oppose or edit any opinion expressed by a Member or information or material provided by an ICP or other independent party.
All Content is protected by copyright pursuant to U.S., international conventions and other copyright laws as a collective work and/or compilation, and the Provider owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of Content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the Content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies.
By submitting content to any "Public Area" you are deemed automatically to grant and/or warrant that the holder of any Rights (including any moral rights) in such Content has completely and effectively waived all such Rights and expressly, validly and irrevocably granted to you the right to grant the Provider the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such Content. You also permit any Member to access, view, store and reproduce the content for personal use. Subject to the foregoing, the owner of Content placed on the Service retains any and all rights which may exist in such Content.
The export control laws of the United State and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws - including but not limited to the United States Export Administration Act, electronic transmission or otherwise, any Content derived from the Service which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any required governmental authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement. In addition, because U.S. export control laws currently prohibit nationals of Cuba, Iran, Libya, North Korea, and Syria, among others, from gaining access to certain Content on the Service, nationals of these countries currently may not legally access the Service.
3. Internet Access and Conduct. The Service provides you with access to the Internet. The Internet is not owned, or operated by, or in any way affiliated with, the Provider or any of its affiliates; it is a separate, independent network of computers and is not part of the Service. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Members must conduct themselves according to the Internet's own particular code of conduct. Although the Provider does not control the Internet, your conduct on the Internet when using your Account is subject to this Agreement. Members are prohibited from engaging in certain conduct on the Internet through or by means of the Service including, without limitation, the following: chain letters, commercial and inappropriate posts and transmitting to the Internet copyright or other material of any kind which is subject to the Rights of any person or entity without the express permission of the Rights holder. Violations of the expected conduct may result in termination of your Membership and possible civil and/or criminal liability.
You understand that neither the Provider nor any of its affiliates controls, provides, operates or is responsible for any Content, goods or services available on the Internet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Service or controlled by the Provider. The Provider neither endorses nor is responsible for the accuracy or reliability of such Content, goods or services. The Provider does not guarantee the authenticity, accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Provider nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where the Service features or displays a link with any particular Web site.
You should be aware that the Internet contains Content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain Members or for minors who are accessing the Internet through your Account. The Provider does not have the capability or right to monitor, or review, or restrict any Content, goods or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of the Service and whose conduct and communication may also be found to be harmful or offensive to Members or which would otherwise breach this Agreement if they were subject to it. Since such users are not Members of the Service, the Provider does not have the right or capability to restrict or review their conduct or communication. Accordingly, the Provider and its affiliates specifically disclaim any responsibility for (and under no circumstances will be liable for) any conduct, Content, goods and services available on or through the Internet (including without limitation any part of the Web).
You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other Rights of the independent third parties or their licensers who make such Content available on the Internet. A Member's use of such Content will be subject to the specific restrictions placed on such Content by the owners or licensers of the Rights in such content and all applicable laws and regulations.
Your use of the Internet is subject to all applicable local, state, national and international laws and regulations. Without limiting the other rights available to the Provider under this Agreement, the Provider retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and the Service if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet set forth in this Agreement or otherwise restricts or inhibits any other user from enjoying the Internet or the Service.