Marblehead Bank – Terms and Conditions

As a condition of using and accessing this site, you agree to these terms and conditions. Please read these carefully. Marblehead Bank reserves the right to modify these from time to time without prior notice.

Electronic Funds Transfer Agreement

To view the Electronic Funds Transfer Agreement - click here.

Risk, Warranty and Liability

You agree that all access and use of this web site is done at your own risk. You agree that Marblehead Bank is not responsible for any electronic virus that you may encounter using our web site or the sites of our third party providers. From time to time, Marblehead Bank may provide links to other sites and third parties may provide links to Marblehead Bank’s site. Marblehead Bank does not endorse or warrant the products, services or content of any entity linked to this site and is not liable or responsible for any content or information contained therein.

With regard to the Marblehead Bank web site, all information is provided “as is” and therefore, Marblehead Bank does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, or fitness for a particular purpose is given with the information contained herein.

In no event shall Marblehead Bank, any third party provider or any vendor be liable to any user, person or entity for any damages including without limitation, direct or indirect, consequential, punitive, exemplary or incidental arising from use, or non-use of this, or any linked web site. You agree that under no circumstances will Marblehead Bank be liable for damages of any kind occurring from the use of this web site or any information, goods or services obtained on this web site including direct, indirect, consequential, incidental, or punitive damages (even if Marblehead Bank has been advised of the possibility of such damages), to the fullest extent permitted by law.
Financial calculators are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations.

Internet Banking Terms and Conditions

By applying for internet banking services and accessing your accounts online, you agree to the following terms and agreements in addition to those contained in our Deposit Agreement and Funds Availability, Disclosure of Account Terms and signature card and contract which was signed when the account(s) was opened.

Internet banking services, as provided by Marblehead Bank and its third party providers allow each user the ability to access their authorized and/or eligible accounts for

1. inquiries of balances and transactions
2. transfers between accounts
3. payment of loans with Marblehead Bank by accounts
4. images of documents paid on accounts
5. secure communication with Marblehead Bank
6. other financial and informational services

Internet Banking is a free service provided by Marblehead Bank and may be discontinued at any time at our discretion.

Upon application, you will be given a unique username and password to access the Internet Banking system. Your username and password are specific to you as an individual accessing your accounts, as well as identifying yourself to us as the person accessing the online service. You agree to:

1. not disclose the password, username or other means to access the Internet Banking, or otherwise make it available to anyone else
2. immediately notify us of any loss, theft or compromise of your password
3. be liable for authorized and unauthorized use of the password as your authorization of the transactions initiated through the Internet Banking service
4. change your password from time to time for security reasons

If joint parties to the account wish Internet access, a separate username and password will be issued.

Internet Banking uses a secure e-mail system to inform the association of various customer service requests such as stop payments or check reordering which will be acted on when received and read by Marblehead Bank personnel. If you send us a correspondence electronically, we would recommend this means as opposed to conventional, unsecured, e-mail.

You understand and agree that use of or connection to the internet is inherently insecure and that such a connection provides opportunity for unauthorized access by a third party to your computer systems, networks and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Marblehead Savings Bank shall not be responsible for any adverse consequences whatsoever of your connection to, or use of, the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or violation of the intellectual property right of another.

Do not use this system to report a lost or stolen ATM or debit card - always phone 1-800-475-1871. If this number is not available, call the Hotline at 1-800-554-8969. If your username is dormant for a prolonged period of time, for security purposes, we may restrict access and require you to reapply. Fees for online requests such as stop payments, check copy requests or the like may apply. See our current schedule of fees for more information.

For your own protection, you will be logged off if there is prolonged inactivity during your online session.

If the Internet Banking service is not available due to malfunction of the system or circumstances beyond our control, you agree to access accounts by other means such as visiting our office, ATM access, check, debit card or by telephoning us. Marblehead Bank and its third party providers will not be responsible or liable for any expenses incurred as a result of the service being unavailable.

Except as provided in this agreement or by laws which Marblehead Bank is subject to, Marblehead Bank and its third party providers are not responsible for any loss, injury, or damage, whether direct, indirect, special, consequential or exemplary damages, including lost profits (even if advised of the possibility thereof) caused by the Internet Banking service or the use of the Internet Banking service or arising in any way out of the installation, operation, or maintenance of your computer or related equipment.

Terms and Conditions for Marblehead Bank’s Bill Payment Service

By applying for online bill pay services through Marblehead Bank Bill Payment, you agree to the following terms and agreements in addition to those already contained herein.

Marblehead Bank’s Bill Payment is a service offered by Marblehead Bank and its third-party provider through its online banking system. You must be connected to the online banking system with a valid username and password to use Marblehead Bank’s Bill Payment.

Marblehead Bank’s Bill Payment is intended for use by the authorized online banking user only. You agree that you will not provide access to the Services to any party other than yourself. You must maintain the confidentiality of your assigned user name and password for the Services and you are responsible for all charges incurred under your user name and password. The availability of the Services may be subject to interruption and delay due to causes beyond our reasonable control. You agree to use Marblehead Bank’s Bill Payment only for lawful purposes. Payments to payees outside the United States are prohibited. In addition, you may not make a payment of alimony, maintenance, child support, taxes, or other governmental fees or court-directed payments through the service.

Marblehead Bank’s Bill Payment will make payments for you either electronically, using a check drawn on your account, or other form of funds transfer that we may choose to employ.

You must select the processing date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date should be at least five (5) business days prior to the due date to ensure that there is enough time to complete the payment prior to the due date. It is your responsibility to schedule payments to arrive by the due date specified on the bill or statement. If the actual due date falls on a non-business day, you must select a processing date that includes an additional day for processing. We may set a maximum dollar amount for payment and/or refuse to permit any bill payment if we reasonably believe such refusal is necessary or advisable for security reasons.

Funds are available for transfers and payments in accordance with our Funds Availability Policy. If there are not sufficient available funds in the funding account to make transfers scheduled payments, we may either refuse to honor transfer or payment requests or may make the transfer or payment and thereby overdraw the funding account. In either event, you will pay on demand by us the negative balance and are responsible for any overdraft, insufficient funds and return item charges. If you have overdraft checking privileges with us, you are bound by the rules and regulations that apply to that privilege. If we refuse to honor a transfer or payment request due to insufficient available funds, the request will be canceled and we will not make the transfer or payment at a later date.

Marblehead Bank will use reasonable efforts to ensure that the payments reach the payees on time but cannot guarantee receipt or the time a payment may be posted by a payee. It is the user’s responsibility to transmit payment Instructions in such a manner that amounts owed are paid and received on time. The user of the service is responsible for any late payment charge, finance charge, penalty or default that may result from failure to transmit payment instructions in sufficient time. Marblehead Bank AND ITS THIRD PARTY PROVIDERS ARE not responsible for any loss or penalty in the form of finance charges, late charges or other penalties associated with payments made or scheduled but not made by the service.

Mobile Banking Enrollment Terms and Conditions

END USER TERMS

This service is provided to you by Marblehead Bank and powered by a Third Party "Licensor" mobile technology solution. Section A of these End User Terms is a legal agreement between you and Marblehead Bank. Section B of these End User Terms is a legal agreement between you and the Licensor.

SECTION A

Marblehead Bank Mobile Banking TERMS AND CONDITIONS

Thank you for using Marblehead Bank Mobile combined with your handheld's text messaging capabilities. For help, text "HELP" to 79680. To cancel your plan, text "STOP" to 79680 at anytime. In case of questions please contact customer service at 1-781-631-5500 during Marblehead Bank’s normal business hours.

Mobile Banking Terms and Conditions

1. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Marblehead Bank. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.

2. The services are provided by Marblehead Bank and not by any other third party. You and Marblehead Bank are solely responsible for the content transmitted through the text messages sent to and from Marblehead Bank. You must provide source indication in any messages you send (e.g., mobile telephone number, "From" field in text message, etc.)

3. By accessing this service, you agree to the following terms and conditions in addition to those contained in our Internet Banking Terms and Conditions, Deposit Agreement and Funds Availability, Disclosure of Account Terms and signature card and contract which was signed when the account was opened.

4. Marblehead Bank will use reasonable efforts to make Mobile Banking available for your use. Mobile Banking may be unavailable for short periods of time for regular or emergency system maintenance. Accessibility to Mobile Banking may be interrupted because of conditions beyond Marblehead Bank’s control, including outages in Internet availability or any issues related to your ability to connect to the relevant cellular network. Marblehead Bank does not promise Mobile Banking will always be available for your use. Marblehead Bank may elect to discontinue Mobile Banking at any time.

5. Marblehead Bank will use commercially reasonable efforts to keep information in Mobile Banking current and accurate. However, there may be a delay in the time that transactions are reflected in Mobile Banking. Although Mobile Banking is expected to correctly reflect account activity, it is possible that Mobile Banking may have data errors. In such event, account records maintained by Marblehead Bank, which may include information in addition to the information available from Mobile Banking, are the final and conclusive records for bank accounts.

6. Marblehead Bank will use commercially reasonable efforts to secure Mobile Banking to prevent access by unauthorized persons and to prevent the introduction of any malicious code, such as a virus. However, no security system is failsafe, and despite Marblehead Bank’s efforts the security of Mobile Banking could be compromised or third parties could introduce malicious code. Marblehead Bank will provide you with notice if your information is the subject of a security breach involving Marblehead Bank’s facilities as required by applicable law.

Mobile Check Deposit Capture Service

Customers using the Bank’s iPhone or Android Mobile Banking App can deposit checks to their linked checking, savings or money market deposit account by sending a clear image of the check to the bank using the Mobile App. Deposit accounts must be in good standing.

(a) You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to Marblehead Bank is converted to an image replacement document for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code. You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
• Checks payable to any person or entity other than the person or entity that owns the account into which the check is being deposited;
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
• Checks payable jointly, unless deposited into an account in the name of all payees;
• Checks previously converted to a substitute check, as defined in Reg. CC;
• Checks drawn on a financial institution located outside the United States;
• Checks drawn on the account to which they are being deposited.
• Checks that are remotely created checks, as defined in Reg. CC;
• Checks not payable in United States currency;
• Checks dated more than 6 months prior to the date of deposit;
• Checks or items prohibited by Marblehead Bank’s current procedures or which are otherwise not acceptable under the terms of your Marblehead Bank account;
• Checks payable on sight or payable through Drafts, as defined in Reg. CC;
• Checks with any endorsement on the back other than that specified in this agreement;
• Checks that have previously been submitted through the remote deposit capture service offered by Marblehead Bank or any other financial institution; or
• Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.

(b) You agree to restrictively endorse any item transmitted through the Services as “For deposit only, account #______” or as otherwise instructed by Marblehead Bank. You agree to follow any and all other procedures and instructions as Marblehead Bank may establish from time to time.

(c) All deposits made through the mobile check deposit capture service are considered to be check deposits (not electronic deposits) and are subject to the Marblehead Bank Deposit Agreement and Funds Availability.

(d) Marblehead Bank reserves the right to reject any item, at Marblehead Bank’s discretion, without liability to you. Marblehead Bank is not responsible for items Marblehead Bank does not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Marblehead Bank that Marblehead Bank has received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. Marblehead Bank further reserves the right to charge back to your account at any time, any item that Marblehead Bank subsequently determines was not an eligible item. You agree that Marblehead Bank is not liable for any loss, costs, or fees you may incur as a result of Marblehead Bank’s chargeback of an ineligible item.

(e) Upon your receipt of a confirmation from Marblehead Bank that Marblehead Bank has received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After 30 days, you agree to destroy the check that you transmitted as an image, mark it “VOID”, or otherwise render it incapable of further transmission, deposit, or presentment. During the time the retained check is available, you agree to promptly provide it to Marblehead Bank upon request.

(f) Marblehead Bank may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, Marblehead Bank may reject your deposit. If Marblehead Bank permits you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and Marblehead Bank will not be obligated to allow such a deposit at other times.

(g) The manner in which the items are cleared, presented for payment, and collected shall be in Marblehead Bank’s sole discretion subject to the agreement governing the affected account.

(h) You agree to notify Marblehead Bank of any suspected errors regarding items deposited through the mobile check deposit capture service promptly and in no event later than 30 days after the applicable Marblehead Bank account statement is sent. Unless you notify Marblehead Bank within 30 days, such statement regarding all deposits made through the mobile check deposit capture service shall be deemed correct, and you are prohibited from bringing a claim against Marblehead Bank for such alleged error.

(i) You accept the risk that an item may be intercepted or misdirected during transmission. Marblehead Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

(j) The image of an item transmitted to Marblehead Bank must be legible, as determined in the sole discretion of Marblehead Bank. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by Marblehead Bank, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

(k) You agree and understand that determining the day of deposit for purposes of Marblehead Bank’s Funds Availability Policy, checks successfully deposited through mobile check deposit capture service prior to 3:00 p.m. Eastern Time on any business day will be deemed to have been received by the Bank on that business day; checks successfully deposited after 3:00 p.m. Eastern Time on any business day or on any day that is not a business day are deemed to have been received by the Bank on the next business day.

SECTION B

END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP

To be Agreed to by End User Prior to Use of the Downloadable App

1. Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider ("Licensor") is the owner of all right, title and interest in and to the downloaded software to be used for access to Mobile Banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the "Software").

2. License Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.

3. Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.

4. Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON_INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

5. Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

6. U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

7. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

8. Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.

 

Disclaimer of Warranty


You expressly agree that use of the services is at your sole risk, and that the services are provided "as is" with no warranties whatsoever, including, without limitation, warranties of availability, reliability, non-infringement, merchantability or fitness for a particular purpose.

Responsibility

In no event will we, or our providers, be responsible for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility thereof) arising in any way out of the services.

Indemnity

You agree to defend, indemnify and hold Marblehead Bank, and our providers, harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the bill payment service.

Other Provisions

Neither this Agreement nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without Marblehead Bank’s or our third party provider’s prior written consent.

eBill Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your billers directly if you do not receive your statements. You agree that the bill payment service is your agent for these limited purposes. You represent and warrant that you have the authority to appoint the bill payment service as your agent to receive your billing statements, to view and download your e-bills, and to use your name, passwords, usernames and any other information you provide to us for purposes of providing the services for you. You agree that this information is used and stored on our contracted supplier’s servers. You are responsible for all charges associated with the bill payment services use of any biller site on your behalf and you agree to comply with the terms of use for the biller site.

The presentment of your first electronic bill may vary from biller to biller and may take up to sixty (60) days, depending on the billing cycle of the biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the biller.

The electronic biller has the right to cancel the presentment of its electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from biller to biller. It may take up to sixty (60) days, depending on the billing cycle of the biller. It is your sole responsibility to make arrangements for an alternative form of bill delivery. The bill pay service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Billing Statements

You authorize our third party service provider to contact billers on your behalf and to receive your billing statements and billing data, at our third party service provider’s processing center billing address. You agree that the bill payment service is your agent for these limited purposes. You represent and warrant to us that you have the authority to appoint us as your agent to receive your billing statements and to use your name, and any other information you provide to us for purposes of providing the Service for you. You agree that the bill payment service may use and store this information on their servers.

Mail Sorting and Shredding

You authorize and direct our third party service provider to open all physical and electronic mail they receive on your behalf, whether or not the mail is also or only addressed to you. You also authorize them to scan your paper bills into our system and to make and retain paper copies, electronic copies, or images of those bills. Generally, mail is categorized into the following types and will be handled as follows:

1st Class Mail

All 1st class mail may be opened and all bills, invoices, statements of account and similar items will be scanned into the system. All other materials, whether included with a bill or sent to our third party service provider separately may be examined. Pertinent information other than a bill or billing inserts, such as a significant change in service or pricing, will be included as subsequent pages with your bill. If such information is sent as a separate mailing, it will be scanned and presented to you as a separate notice. Payments and other items that are determined that you need to receive (for example, a check from your biller for credit balance reimbursement) will be forwarded to you at the address as registered on file within the bill payment system. All other such mail (e.g. coupons, advertising, newsletters, etc.) will be shredded and/or discarded. The third party service provider will use their judgment in making the determination as to what to scan, what to shred and what to forward, and they are not responsible if you disagree as to their decision in that regard. They will shred all scanned bills and notices on site prior to discarding them. If you have a question as to whether a particular item will be scanned, shredded or forwarded, please send your question by e-mail addressed to msb@marblebank.com.


Mail Other Than 1st Class

All mail other than 1st class mail or its equivalent may be shredded and/or discarded without opening it to examine its contents. Bulk, standard, and non-profit are included in this class.

Packages/Junk Mail

The third party service provider is not responsible for forwarding packages to you, regardless of the class of mail used to deliver them. You must make arrangements with those parties from whom you purchase goods or from whom you otherwise expect packages to be sent to you, to have those packages sent to a delivery address. Our customer service team is available to assist you in designating shipping and billing addresses with your billers. If a package is sent to you at your Processing Center Billing Address, or the street address of the processing center, it will be refused and returned to the sender. You authorize the third party service provider to contact third parties to delete your name at the third party service providers address from any address list used by direct mail solicitors.


Payment Addresses

Our third party service provider reserves the right to change the address of a Payee to whom they send Payments, without notification, in the following situations:

1. The information returned by the address cleansing process determines the format of the address does not comply with the USPS standards.
2. They have determined that the address provided is not a valid address for the biller.
3. The biller has closed the address, and provided us (via the USPS) with the new address.
4. They have established a relationship with the biller to send payments to a different address than the one provided on the statement.

In all cases, the service provider will attempt to act in a way to expedite the proper posting of your payment.

Our third party service provider will only disclose information about you to third parties if:

1.       It is necessary to complete a transaction.
2.       It is necessary to verify the existence and condition of your deposit account.
3.       It is necessary to comply with a governmental agency or court order.
4.       You give us or them your written permission.
5.       You ask us or them to assist with posting of a payment at a payee.
6.       It is necessary for activating additional services that you requested.

We reserve the right to change Marblehead Bank’s Bill Payment service and this agreement, including fees, in our sole discretion and from time to time. Marblehead Savings Bank’s Bill Payment is a service provided by Marblehead Bank through its third party service providers and may be discontinued at any time at our discretion.

To cancel this service, please provide written notification to us at: Marblehead Bank , P.O Box 27, Marblehead, MA 0l945, Attention: On-line Banking.

Special Rules for Business Customers

The Bank permits certain business customers to use Marblehead Bank’s Internet Banking for their Internet banking needs.  For those customers, certain provisions of this Agreement do not apply. Therefore, if you are a corporation, partnership, limited liability company, sole proprietor, or other business entity:

1. your deposit accounts are governed by the Bank’s Business Deposit Account Agreement (rather than its Personal Deposit Account Agreement);

2. the time limits and other requirements relating to our responses to your billing error notices (as described in the section captioned “In Case of Errors or Questions” in the Personal Deposit Account Agreement ) do not apply;

3. we will not be liable for any losses or damages you may incur through Marblehead Bank’s Internet Banking unless they are the result of our gross negligence or willful misconduct; and

4. we shall be entitled to rely on the apparent authority of any person who accesses Marblehead Bank’s Internet Banking using your User ID and Password.  Except as otherwise provided by law, you will indemnify the Bank and hold it harmless for any loss or expense caused by any person who accesses Marblehead Bank’s Internet Banking using your User ID and Password.

Technical Security Information

Marblehead Bank’s Online Banking security is based on Secure Socket Layers (SSL) technology. It employs a 128-bit public-key encryption code, which is the highest form of security. This system uses a public key for encryption and a private key for decryption of the encrypted key and the data exchanged on the Web. Additionally, each individual transaction relies on a unique session-specific set of keys to further limit the exposure of data.

Online Statements (eStatements) Agreement

By selecting "I Agree", I agree to receive my periodic account statements online through Marblehead Bank’s eStatement service. I agree to discontinue having my periodic account statements printed and sent via postal mail service.  My online statements or "eStatements" will contain the same content as the paper version supplied by the Bank which includes: account balances, transaction activity, electronic funds transfer information, interest if any, and error notification procedures. Additionally, the eStatement service will also provide online any account disclosures, newsletters and/or announcements provided with paper statements.

By accepting this option, I understand that it is my responsibility to maintain proper equipment and software to view my online statements. In addition to the equipment, I will need "Adobe Acrobat Reader". I understand this is free software, and if I do not have it, I may click here to download it now.
By accepting this Agreement, I understand that the Bank will send an e-mail to the address I specify during the enrollment process to advise me when my eStatement is available. I agree to maintain an active and valid e-mail address. I will notify promptly Marblehead Bank of any change in my e-mail address via secure bank mail within Marblehead Bank’s Internet Banking; in writing to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945; or at any Marblehead Bank location.  I understand that my online statements will become available in the eStatement section of Marblehead Bank’s Internet Banking incrementally each month after I agree to the service. (The first month, one; the second month, two, etc.) eStatements will be available for up to 12 months. If I wish to retain them longer, I should download them sometime during the 12 months using instructions provided on the site. I understand that I may also print my online statements, and there are no special equipment requirements; my current printer is all I need.

I also understand there are no fees or account restrictions for using eStatements. Additionally, I have unlimited access to my statements via eStatement during the 12 months of availability. If I request an additional paper copy from the bank, there may be a statement copy fee charged per your current fee Schedule.

I understand that I may withdraw my consent to receive online statements by contacting the Bank via secure bank mail within Marblehead Bank’s Internet Banking or, I may call 781-631-5500, or write to: Deposit Services, Marblehead Bank, P.O. Box 27, Marblehead, MA 01945.

 
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