NetStatements Terms & Conditions

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YOU MUST BE 18 YEARS OF AGE OR OLDER TO ENROLL FOR NETSTATEMENTS

INTRODUCTION
This NetStatements Agreement and Disclosure governs your use of NetStatements. Hereinafter, the Agreement and Disclosure will be referred to as "Agreement". By using NetStatements, you agree to all of the terms of this Agreement. Please read it carefully and keep a copy for your records.

DEFINITIONS
You, Yours, or Depositor – The person(s) subscribing to or using NetStatements.

We, Us, Our, or Bank – Refers to Old Second Bancorp, Inc., Old Second National Bank, and any agent, independent contractor, designee, or assignee Old Second Bancorp, Inc. may involve in the provision of NetStatements.

Business Day – Any calendar day other than Saturday, Sunday, and holidays recognized by us.

1. ELECTION AND AUTHORIZATION FOR ELECTRONIC DELIVERY
   By agreeing to the NetStatements Enrollment Form, you affirmatively consent and agree to permit the Bank to make disclosures and provide notices to you in electronic form, in lieu of providing such notices and disclosures in paper form. Your consent and agreement shall relate to all forms of disclosures and notices required under applicable law as a result of the various agreements between you and the Bank and shall remain valid until such time as you exercise your right to revoke this consent. You elect and authorize us, at our discretion, to electronically deliver your account statement(s) and notices that we are required to provide you under applicable Federal and State statutes and their implementing regulations, as amended from time to time, including, but not limited to:
   
   Truth in Lending Act, Truth in Savings Act, Fair Credit Reporting Act, Electronic Funds Transfer Act, Home Mortgage Disclosure Act, Fair Housing Act, Equal Credit Opportunity Act, Consumer Leasing Act, National Banking Act, Uniform Commercial Code, Other Federal and State statutes may be enacted or amended in the future to provide for electronic delivery of account statements and notices. Your approval of the NetStatements Terms and Conditions also authorizes us, at our discretion, to provide electronic delivery of such statements and notices pursuant to these statues after they become effective. If there is more than one Depositor that is a party to the account, notice to any one Depositor will be effective for all. To revoke this consent or to request a paper copy of any electronic disclosure or notice provided pursuant to this consent, you must either call the Bank toll-free at (877) 866-0202 for a customer service representative or write the Bank at:
   
   Old Second National Bank
   Attn: NetStatements
   37 South River Street
   Aurora, Illinois 60506-4172
   
   Refer to Section 5 of these terms and conditions for a description of the hardware and software requirements for access to and retention of electronic disclosures and/or notices. There is no charge for personal or commercial NetStatements, with exception (see Section 6 below).
   
   
2. ABOUT NETSTATEMENTS
   NetStatements consists of monthly statements e-mailed to as many as three (3) e-mail addresses, which you designate. Upon beginning NetStatements services, we will discontinue sending your monthly statements via U.S. mail. Account types that are eligible to receive NetStatements are Checking (including Money Market), Savings and Certificates of Deposits (when combined with a checking or savings account).
   
   
3. REGISTRATION PROCESS
   The NetStatements Electronic Statement service requires that you complete the initial registration process.
   
   The NetStatements application is located on our website at http://www.oldsecond.com. Follow the prompts to complete and submit the application.
   
   Old Second National Bank
   Attn: E-Services
   37 South River Street
   Aurora, Illinois 60506-4172
   
   In about 3-5 business days, you will receive an e-mail at the e-mail address(es) you provided with specific instructions. To complete the registration process, you will need to reply to the e-mail sent in step "c". This step will confirm our ability to send NetStatements to you, and your ability to receive the service. ONCE WE RECEIVE YOUR REPLY, WITHIN ONE (1) BUSINESS DAY, YOUR NETSTATEMENTS ACCOUNT WILL BE OFFICIALLY ACTIVATED. All following NetStatements electronic statements will arrive within one (1) business day of your statements date. (See Section 9 for further details).
   
   
4. INTERNET SECURITY MEASURES
   We will use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered account statement(s) and notices. Upon your enrollment for the NetStatements service, the Bank will notify you by e-mail. Our security consists of 128-bit encryption of the data on the NetStatements to protect it while in transit over the Internet. Subject to Section 9 below, once you receive and open a NetStatement, it is decrypted by use of a software program included with your electronic statement, and a unique password until such time that you exit NetStatements, when it is once again encrypted at the 128-bit level and password protected.
   
   YOU UNDERSTAND THAT THESE INDUSTRY STANDARDS ARE DYNAMIC AND CONSTANTLY DEVELOPING. BY SIGNING THE ENROLLMENT FORM FOR NetStatements, YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE ARE RISKS TO ELECTRONIC DELIVERY OF ACCOUNT STATEMENT(S) AND NOTICES, INCLUDING, BUT NOT LIMITED TO, DELAY OR FAILURE OF DELIVERY DUE TO TECHNICAL DIFFICULTIES, WEATHER CONDITIONS (INCLUDING BUT NOT LIMITED TO SUN SPOTS), MATTERS BEYOND OUR REASONABLE CONTROL OR INTERCEPTION AND/OR ALTERATON OF SUCH ACCOUNT STATEMENT(S) AND NOTICES BY THIRD PARTIES IN SPITE OF THE BANK’S COMMERCIALLY REASONABLE SECURITY MEASURES. BY SIGNING THE ENROLLMENT FORM FOR NetStatements, YOU REPRESENT THAT YOU HAVE CONSIDERED OUR SECURITY MEASURES AND FIND THAT OUR SECURITY MEASURES ARE COMMERCIALLY REASONABLE. IN REACHING THIS CONCLUSION, YOU HAVE CONSIDERED THE HISTORICAL AND POTENTIAL FUTURE CONTENT OF YOUR ACCOUNT STATEMENT(S), THE RISKS ASSOCIATED WITH ELECTRONIC DELIVERY OF ACCOUNT STATEMENT(S) AND OUR SECURITY PROCEDURES. IF YOU CONCLUDE THAT OUR SECURITY PROCEDURES CEASE TO BE COMMERCIALLY REASONABLE IN THE FUTURE, YOU MUST TERMINATE THIS AGREEMENT IMMEDIATELY IN ACCORDANCE WITH SECTION 12 BELOW.
   
   
5. YOUR COMPUTER’S SPECIFICATIONS
   In order to receive NetStatements services, your computer hardware, software and your Internet Service Provider ("ISP") must meet the following specifications:
   
   HARDWARE:
   PC/Windows™ Users
   Pentium™ Class Computer
   64MB of RAM
   200MB Free Disk Space
   Windows 95™ OSR 2.0, or higher
   ISP Allows e-mail Attachments Up To 500KB
   
   Apple™/MAC™ Users
   PowerPC® processor
   Mac OS Software version 8.6, 9.0.4, 9.1, or Mac OS X
   64MB of RAM
   200MB Free Disk Space
   ISP Allows e-mail attachments up to 500KB
   
   SOFTWARE
   Adobe Acrobat Reader 5.0.5 or greater
   
   
6. E-MAIL ADDRESS
   We will send your periodic account statement(s) to the e-mail address provided by you. You agree to notify us promptly in writing by letter sent via U.S. Mail, by e-mail, or by phone of any changes to your e-mail address(es). We will verify your identity against information you have provided on your enrollment form. If you have not notified us in writing of any change to your e-mail address, you agree that your failure to provide us with a good e-mail address is the lack of ordinary care on your part. If we become aware that you are not receiving your NetStatement(s) and Notices, and our attempts to contact you have failed, we will send your Statement(s) and notice(s) to you via U.S Mail to your last address known to us.
   
   If you have a "multiple-party account", your e-mail address may be changed using the procedure described above by any authorized party to your account. THE BANK SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES TO A MULTIPLE-PARTY ACCOUNT IF THE E-MAIL ADDRESS IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.
   
   If we deem that your NetStatements account is requiring excessive maintenance (i.e. Excessive e-mail address changes) the Bank will charge a nominal fee at our discretion.
   
   
7. CHANGING YOUR PASSWORD/FORGOTTEN PASSWORD
   If you would like to change your password, you must notify us in writing, by calling toll-free (877) 866-0202 or by e-mail snet via the address on file to request the password change. For your protection and for security purposes, we will not accept any change of password notices via e-mail or telephone. The procedure for changing your current password is to simply set forth in a letter your current password, which we will then verify, and clearly set forth your new password. We will notify you via e-mail to verify the change to your new password. You are responsible to remember your password.
   
   If you have a "multiple-party account", your password may be changed using the procedure described above by any authorized party to your account. THE BANK SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES TO A MULTIPLE-PARTY ACCOUNT IF THE PASSWORD IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.
   
   You agree that the Bank has no control as to the persons who have access to your personal computer and your password once it is in your possession. The Bank will not be liable for any unauthorized access to your personal computer using your password. You agree that it is your responsibility to initiate and maintain adequate procedures to prevent any unauthorized access to your personal computer or unauthorized use of your password.
   
   
8. NOTICE OF UNAUTHORIZED ACCESS
   If you believe that someone has obtained access to your NetStatements file(s) without your permission, or if your password has been compromised, lost, or stolen, call us as soon as possible toll-free at (877) 866-0202 (to speak to a representative) or write us at:
   
   Old Second National Bank
   Attn: NetStatements
   37 South River Street
   Aurora, Illinois 60506-4172
   
   
9. PROMPT REVIEW OF NetStatements
   Your NetStatements will be dated the day the NetStatements is sent to you by e-mail (the "e-mail date"). You must promptly review your NetStatements and any accompanying items and notify us in writing or via e-mail at NetStatements@oldsecond.com within two (2) business days, of any error, unauthorized signature, lack of signatures, alterations, or other irregularities because you will be responsible for the wrongful acts of your employees and agents. Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the e-mail date regardless of when you receive and/or open the NetStatements. NetStatements should be received within one (1) business day of your statement date. If you do not receive an expected e-mailed statement, immediately contact us toll-free at (877) 866-0202.
   
   
10. DISCLAIMER OF WARRANTY
    WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE PROGRAM USED TO ACCESS THE NETSTATEMENTS SERVICES, AND WE DO NOT WARRANT THAT THE SOFTWARE PROGRAM OR THAT NETSTATEMENTS SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE USE AND ADEQUACY OF THE SOFTWARE PROGRAM OR THE NETSTATEMENTS SERVICES WE PROVIDE UNDER THIS AGREEMENT. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
    
    
11. LIABILITY; INDEMNIFICATION
    NOT WITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE NETSTATEMENTS SERVICES AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
    
    WE SHALL BE LIABLE ONLY FOR MATERIAL LOSSES, WHICH ARE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE NETSTATEMENTS SERVICES. WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY NETSTATEMENTS SERVICES OR FOR ANY DISRUPTION OR DELAY IN PERFORMING NETSTATEMENTS SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT, TELECOMMUNICATIONS SYSTEMS, YOUR ISP, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES.
    
    EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE NETSTATEMENTS SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
    
    
12. TERMINATION/AMENDMENT
    This Agreement shall remain in full force and effect until it is terminated by either party upon thirty (30) days prior written notice to the other party. We also have the right to terminate this agreement immediately, with or without cause, or if you fail to comply with the terms of this agreement or any other agreement which you may have with us or any applicable rule or regulation which may govern your account(s). If we terminate this Agreement for any of these reasons, such termination shall be effective on the effective date specified in a written notice mailed to you, and not on the date when the notice is mailed or received. Any amendment or revision to this Agreement must be executed in writing by an authorized party to your account and attached to our copy of the Agreement as well as noted in our account records.
    
    
13. GOVERNING LAW/JURISDICTION/SEVERABILITY
    This Agreement shall be governed by and constructed in accordance with the laws of the State of Illinois and any applicable Federal laws and regulations. You irrevocably submit to the jurisdiction of any Federal or State court sitting in the State of Illinois for any action that you bring and agree that, in any action brought under this Agreement, venue shall be placed in Kane County, Illinois. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.
    
    
14. Entire Agreement
    Accounts and services provided will continue to be subject to any separate agreements governing them, except where noted in this Agreement, and the following:
    
    - Our rules, procedures, and policies applicable to
    each account and each service;
    
    - The rules and regulations of any funds transfer
    system used in connection with NetStatements; and
    
    - Applicable state and federal laws and regulations.
    
    This Agreement supplements those and any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures. If there is a conflict between this Agreement and any others, or any statements made by employees or agents, this agreement shall supersede. Your use of NetStatements Online Banking is considered your acceptance of these terms and conditions.