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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 at 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.
8.
Indemnification. 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.
13.
Termination. 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.
14.
Miscellaneous. 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.
16.
Waiver. 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.
17.
Construction. 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.
APPENDIX
A
ACCOUNT
BILLING
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.
ONLINE
CONDUCT:
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. |