AGREEMENT FOR USE OF
MOBILE MONEY SERVICES AND
MSB MOBILE DEPOSIT

I.             MOBILE MONEY SERVICES

Thank you for using the Mobile Money Services (“Mobile Money Services”) and any related Software (“Software”) provided by Machias Savings Bank (referred to herein as “Financial Institution”, “us” and “we”) combined with your handheld's text messaging and Internet access capabilities. By using the Mobile Money Services and/or the Software, you are agreeing to the terms and conditions of this Agreement, in addition to any terms and conditions to which you have previously agreed with respect to the underlying electronic banking and billpay services of which the Mobile Money Services are a part. The Mobile Money Services are included within the MSB Mobile services offered to you as part of MSB Online.  The Internet Banking Terms and Conditions required for use of MSB Mobile and MSB Online (the “Internet Banking Terms and Conditions”) are incorporated herein by reference.  In the event of any inconsistency between this Agreement and the Internet Banking Terms and Conditions, this Agreement controls.  Financial Institution in its discretion may modify these terms and conditions at any time. Amendments will be made available to you on Financial Institution’s website, and your continued use of the Mobile Money Services will demonstrate your agreement to such amendments.   Standard messaging charges apply.  Please read the terms and conditions below carefully, print a copy, and retain the copy for your records.  By pressing the “Accept” button, and with each use of the Mobile Money Services, you accept and agree to be bound by the terms and conditions of this Agreement and the Internet Banking Terms and Conditions, as amended from time to time. 

1. Terms and Conditions.

a. Program. Financial Institution offers its customers mobile access to their account information (e.g., for checking balances and last transactions) over the Short Message Service (SMS), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Financial Institution may offer additional services and features from time to time.  Enrollment in the Mobile Money Services requires identification of the user’s banking relationship with Financial Institution as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which he or she will have to enter on the website. Additionally, customers may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Standard messaging charges apply. Customers will be allowed to opt out of this program at any time.

b. Questions. You can contact us at “www.machiassavings.com” or 1-866-416-9302, or send a text message with the word "HELP" to this number: [72080]. We are available to answer any questions you have about the program.

c. To Stop Account Alerts. To stop account alerts from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 72080. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

d. Availability. The Mobile Money Services and/or Software may not be available from time to time for reasons within or outside of the reasonable control of Financial Institution or any service provider.

2. Privacy and User Information. 

You acknowledge and agree that in connection with your use of the Mobile Money Services, Financial Institution and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Mobile Money Services or Software (collectively “User Information”).  The Financial Institution and its affiliates and service providers will maintain reasonable safeguards to protect User Information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Mobile Money Services and as otherwise permitted or required by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Financial Institution and its affiliates and service providers also reserve the right to monitor use of the Mobile Money Services and Software for purposes of verifying compliance with the law, the terms and conditions of any agreement between you and the Financial Institution, and any applicable license, but disclaim any obligation to monitor, filter, or edit use of the Mobile Money Services and Software or any content.

3. Restrictions on Use

You agree not to use the Mobile Money Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and to use the Mobile Money Services only 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 agree that you will not use the Mobile Money Services and Software 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 determined by Financial Institution (in its 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 the reputation of  Financial Institution or any third-party service provider involved in the provision of the Mobile Money Services; or (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 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  Financial Institution, any third-party service provider involved in providing the Mobile Money Services, 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  Fiserv or any third party.  You agree that you will not attempt to: (i) access any Software or Mobile Money Services for which your use has not been authorized; or (ii) use or attempt to use a third party’s account; or (iii) interfere in any manner the provision of the Mobile Money Services or Software, the security of the Mobile Money Services or Software, or other customers of the Mobile Money Services or Software, or otherwise abuse the Mobile Money Services or Software.  Please refer to the Internet Banking Terms and Conditions for additional restrictions and conditions on use of the Mobile Money Services and Software.

II.             MSB MOBILE DEPOSIT

MSB Mobile Deposit is an MSB Mobile remote deposit capture service for check deposits that, with Mobile Money Services, is made available to you as part of MSB Online.  You are automatically enrolled in MSB Mobile Deposit when you enroll in Mobile Money Services.  Your use of MSB Mobile Deposit is subject to the terms and conditions of this Agreement; the Deposit Account Agreements applicable to your checking, savings, and money market Accounts; and the Internet Banking Terms and Conditions; all of which are incorporated herein by reference.  In the event of any inconsistency between this Agreement and the Internet Banking Terms and Conditions, this Agreement controls.  We reserve the right in our discretion to amend these terms and conditions at any time.  Amendments will be made available to you on our website, and your continued use of MSB Mobile Deposit will demonstrate your agreement to such amendments.  Please read the terms and conditions below carefully, print a copy, and retain the copy for your records.  Capitalized terms not otherwise defined herein shall have the meanings set forth for them in the Internet Banking Terms and Conditions.  By pressing the “Accept” button, and with each use of MSB Mobile Deposit, you accept and agree to be bound by the terms and conditions below and the Internet Banking Terms and Conditions, as amended from time to time.

1. Use of the Service

MSB Mobile Deposit allows you to remotely deposit checks into your qualifying checking, savings, or money market account by scanning an image of the front and back of the check with your mobile device’s digital camera and delivering the image to us using the MSB Mobile Deposit software.  When depositing a check using MSB Mobile Deposit, you must add the following restrictive endorsement to the back of the check: “For Bank Mobile Deposit Only – Account No. ______________.”  You agree to comply with all procedures and instructions we establish for use of MSB Mobile Deposit, as amended from time to time.  

2. Enrollment

You are automatically enrolled in MSB Mobile Deposit when you enroll in Mobile Money Services.  We reserve the right to establish, at our discretion and without prior notice to you, new and additional conditions and qualifications for the use of MSB Mobile Deposit.

3. Termination of Service

We reserve the right to terminate, modify, or suspend your use of MSB Mobile Deposit at any time, with or without cause, including if we reasonably believe that you have breached the terms and conditions for use of MSB Mobile Deposit, or as otherwise provided in the Internet Banking Terms and Conditions.  We further reserve the right to terminate, modify, or suspend your use of MSB Mobile Deposit in the event we establish new conditions and qualifications for use, and you, or your equipment and software, do not meet such conditions and qualifications.

4. Technical Requirements

In order to use MSB Mobile Deposit, you must have your own compatible mobile device (such as a cellular phone or smart phone) with internet access and a digital camera.  All mobile devices and software must meet our minimum technical requirements, which are available at www.machiassavings.com and which may change at our discretion at any time.  You are solely responsible for obtaining, maintaining, and paying for all mobile devices, software, and services (such as text messaging, data transmission, and Internet access capability) necessary for use of MSB Mobile Deposit. 

5. Image Quality

Check images and transmissions using MSB Mobile Deposit must clearly show all information on the front and back of the check, including your proper endorsement, and must comply with the standards established by us, our third-party vendors, and governmental and industry regulators.  Each image must be legible, true, and accurate, and you may not alter a check image in any way.  We are not responsible or liable for any loss or delay arising out of a transmitted image that does not comply with these requirements. 

6. Transaction Limits

We may establish limits on the number of checks or the total amount of checks deposited using Mobile Deposit. These limits may change from time to time without notice to you. We may, at our discretion, vary individual daily limits based on your request and our review of your accounts.  Please contact us if you would like to request a modified daily limit.  We reserve the right to modify (including reduce) your transaction limits at our discretion, subject to applicable notice requirements in the Internet Banking Terms and Conditions.

7. Items Eligible for Deposit

You agree to scan and deposit only “checks” into your Account (certain types of negotiable demand drafts, as defined in Federal Reserve Regulation CC, 12 C.F.R. Part 229).  Once scanned and transmitted to us, the check image will be treated (i) as an “item” under Article 4 of Maine’s Uniform Commercial Code and (ii) as a deposit under your Deposit Account Agreement and applicable notices and disclosures.  You agree not to deposit any of the following types of checks or other items using MSB Mobile Deposit:

• Checks originally made payable to any person other than you, including checks that another person has endorsed to you
• Checks dated more than 6 months prior to the deposit
• Checks made jointly payable to you and another person, unless the deposit is to a jointly-held account with that person and both you and that person have endorsed the check, in addition to adding the restrictive endorsement required in Section 1
• Any check that you know or suspect (i) has already been deposited in an account or has otherwise been presented or negotiated by, or paid to, you or any other person, (ii) has been rejected or returned as unpaid or nonpayable, or (iii) is not payable and collectible in any way.
• “Remotely created checks” and checks previously converted to “substitute checks”, as the terms are defined in Regulation CC
• Any check that has already been scanned using MSB Mobile Deposit or using a remote deposit capture service of another institution
• Checks with any alteration on the front or back, or that you know or suspect is fraudulent, subject to defense, or otherwise unauthorized by the owner of the account from which the check is drawn
• United States Treasury bonds
• Checks drawn on institutions outside the United States (i.e., foreign checks)
• Checks payable in other than United States currency
• Traveler’s checks, money orders, substitute checks, or post-dated checks
• Any check prohibited from deposit under your Deposit Account Agreement  or prohibited from payment by law
• Any check that does not meet the requirements of this agreement or any other agreement you have with us

With each check you deposit using MSB Mobile Deposit, you represent and warrant that the check is eligible for deposit, is properly payable and collectible, and is not subject to any defense against payment or collection.  You further represent and warrant that the check and your use of MSB Mobile Deposit comply with all terms and conditions applicable to MSB Mobile Deposit, the Mobile Money Services, MSB Online, and the Account, and comply with all applicable state and federal laws, rules, and regulations.  To the fullest extent permitted by law, we reserve the right, in our sole discretion, to reject any check or item you transmit to us for deposit into your Account. 

8. Fees

You agree to pay all applicable fees and charges set forth in the Internet Banking Fee Schedule for MSB Online, as amended from time to time, as well as any applicable fees or charges under your Deposit Account Agreement and Internet Banking Terms and Conditions. 

9. Deposit Status

After a check has been deposited using MSB Mobile Deposit and received by us, you should monitor the check’s processing status using the MSB Mobile Deposit service.  The status of your deposited checks will be posted periodically throughout the day up until 5:00 pm (ET), so you should monitor your check status throughout the day.  You will not receive a separate confirmation that a check image has been received by us.  Contact us immediately if you suspect any error or that we did not receive the transmission.  Please refer to your Deposit Account Agreement for additional responsibilities with respect to notifying us of problems with your deposits.  If we become aware of a problem with your deposit (such as the check is rejected, the check image is unusable, the check was previously presented or deposited, or the type of check is not permitted), we will attempt to contact you within three business days.

10. Funds Availability

Availability of funds from checks deposited using MSB Mobile Deposit will be in accordance with your Deposit Account Agreement and our Funds Availability Policy.  In general, and subject to our Funds Availability Policy, if a check is deposited using MSB Mobile Deposit before 5:00 pm (ET) and is accepted by us, that day will be the day of deposit and provisional credit on the funds will be made available the next day.  Checks deposited 5:00 pm (ET) or later will be considered deposited the next business day.  Pursuant to your Deposit Account Agreement, and to the extent permitted by law, each deposit and the availability of funds from the deposit are subject to our rights of charge-back, reversal, refund, and set-off, and our right to place a hold on the check for purposes of review and verification. 

11. Security and Investigation

Your use of MSB Mobile is subject to all security requirements set forth in the Internet Banking Terms and Conditions, including your obligation to keep your mobile device and its transmissions secure from unauthorized access.  You agree to securely store each check that you deposit using MSB Mobile Deposit for a 30-day period after we have accepted the check.  After 30 days, you will securely destroy the check (such as by use of a document shredder).  After you have deposited a check using MSB Mobile Deposit, you agree to never re-deposit or re-present the check, or to negotiate or endorse the check to another person or financial institution.  You will promptly provide the check to us upon our request and fully cooperate with us in any related investigation or dispute resolution.  Notify us immediately if you learn of any unauthorized access, loss, or theft of the original check. 

12. Changes and Availability

We reserve the right to modify, add, or remove services and features of MSB Mobile Deposit at any time at our sole discretion.  The MSB Mobile Deposit service may be unavailable, delayed, or interrupted, with or without notice, from time to time as a result of technical difficulties, maintenance, or events outside our control.  We will have no liability to you or any other person for such interruptions, delays, or unavailability, although we may post alerts to our website for purposes of notifying you of such events.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE MSB MOBILE DEPOSIT SERVICE AND SOFTWARE.  IF YOU ARE A BUSINESS CUSTOMER, WE FURTHER DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITATION OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE MSB MOBILE DEPOSIT SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.  YOU AGREE THAT USE OF THE MSB MOBILE DEPOSIT SERVICE AND SOFTWARE ARE AT YOUR OWN RISK AND ON AN “AS IS” AND “AS AVAILABLE” BASIS.

14. Limitations on Liability

You acknowledge and agree that, to the fullest extent permitted by law, we will have no liability or obligation to you or any other person for technical difficulties, errors, misdirected or unauthorized transmissions, or other failures in the MSB Mobile Deposit service, or any resulting damages therefrom.  We are not responsible for any deposit that we do not receive, including any deposit lost in transmission.  Please refer to the Internet Banking Terms and Conditions for additional limitations on our obligations and liability to you.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against any loss, liability, damages, or expenses (including attorney’s fees) arising out of or in connection with your failure to perform your obligations under the terms and conditions for use of MSB Mobile Deposit.