Online Banking, Bill Payment and Electronic Statement Disclosure

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This Disclosure provides information about The Commercial Bank Online Banking, Bill Payment, and Electronic Statement Services, hereafter referred to as "Commercial Bank Online Services".  

For the purpose of this document, “I,” “Me,” “My,” and “Mine” refers to each Depositor who signs up for Commercial Bank Online Services. “You,” “Your,” “Commercial Bank” or “Bank” shall refer to Commercial Bank, where the Depositor has a deposit account accessed through The Commercial Bank Online Services. All references to time of day in this Disclosure refer to Eastern Standard Time. Consent applies to all services available through “Commercial Bank Online Services”.

A. Commercial Bank Online Banking Service

The Commercial Bank Online Services is a consumer electronic banking service. I may use a personal computer to access The Commercial Bank Online Services through The Commercial Bank’s web site at www.thecommercialbank.net.

B. Designation of Account

I understand that in order to use The Commercial Bank Online Services, I must be an authorized signer on at least one valid checking or savings account at The Commercial Bank. I can set up both savings and checking accounts for online access, but only checking accounts can be used for Bill Payment Services.

I understand all other disclosures and agreements concerning my deposit and loan accounts, provided to me when I opened my account, are still valid and are an integral part of the Online Banking, Bill Payment and Electronic Statement Disclosure.

I can also set up valid consumer loan accounts for online access. I understand that I must be the primary/secondary borrower on the loan in order to view it on the web. Information regarding my loan is displayed on the web site for my convenience. The loan balance shown is not my payoff amount. I can contact the bank at 706-743-8184 to request a loan payoff amount or to otherwise inquire about my loan.

C. Equipment and Technical Requirements

To access The Commercial Bank Online Services via The Commercial Bank’s web site, I must have a personal computer (Pentium Class), Windows 95, 98 or NT 4.0 or better operating system, an Internet connection with an Internet Service Provider, and an electronic mail message (e-mail) address. While Macintosh users may access our online services, we do not certify our systems compatibility with operating systems older than Macintosh OS X.

Commercial Bank Online Services may be accessed through the following browsers: Microsoft Internet Explorer 7 or newer, Mozilla Firefox 2 or newer and Safari 1.3 or newer.
If any changes in technical requirements are made, all online customers will be notified ahead of time via primary email addresses and/or secure messaging inside of the online environment.  

D. Business Day

For purposes of this Disclosure, the Bank’s business days are Monday through Saturday, excluding Federal bank holidays. For purposes of this Disclosure and unless otherwise stated, the Bank’s "close of business day" is 8:00 p.m. However, there are certain on-us transactions such as transfers that are processed seven days per week.

E. Features Available through The Commercial Bank Online Services

The Commercial Bank Online Services currently allows me to:

  1. View account balances in real-time
  2. View current account activity
  3. View or obtain current and past statement information
  4. View check and deposit images.
  5. Transfer funds within accounts at the Bank (“Transfers”)
  6. Access a checking account to pay most bills (“Bill Payments”)
  7. Receive electronic statement notifications
  8. Receive account notifications
  9. Reorder checks
  10. Request a stop payment on a check or a range of checks
  11. Process a consumer loan payment
  12. Obtain certain Bank product and service information
  13. Submit a Change of Address request

F. Change in Terms

The Commercial Bank may, from time to time, introduce new online services. Additionally, not all features listed in section E are available with all clients. The Bank may update this Disclosure to notify me of the existence of new services or changes in the terms and conditions of the services at any time upon written notice to me; by e-mail; by regular mail sent to my address as it appears on my account records; or otherwise, in the manner required by law. This Disclosure is intended to cover all services offered through Commercial Bank Online Services. By using any new services offered, I agree to be bound by the rules contained in the Disclosure as in effect at that time.

G. General Information about Commercial Bank Online Services

Accessibility

I may use Commercial Bank Online Services virtually any time, day or night, 7 days a week. On occasion, Commercial Bank Online Services may be temporarily unavailable due to the Bank’s record updating, technical difficulties or circumstances that are beyond the Bank’s control.
To utilize Commercial Bank Online Services, I will need to enter my assigned User ID and password. I will be required to create my password during my first online session through the “First Time User” procedure.

Other Agreements

In addition to this Agreement, I agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, the Security Policy, the Privacy Policy, the Bank’s rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and applicable state and federal laws and regulations. The Bank agrees to be bound by them also.

H. Notifications

The Bank will use either e-mail or the secure messaging service within the online environment to report account or transaction-processing problems; to inform me about new services or changes in current services; and to deliver my periodic account(s) statement notification(s). I must have an active, valid e-mail account to use Commercial Bank Online Services. If at any time my e-mail addresses change, I will update them immediately by notifying the Bank.

I. Security Measures

The Bank 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 notifications and online banking notices.

J. Transaction Procedures

Transfers

IntraBank Transfers (“Transfers”) can occur at one of three different times: today, at a future date, or on a recurring basis.  When submitting a Transfer, I will provide a due date for the Transfer. The Transfer processing date is the date the funds are withdrawn from my account in order to process the Transfer. I must have funds available in my account by 8:00pm ET on the Transfer processing date for the Transfer to occur.

  • "Today" - All “Today” Transfers submitted before 8:00 p.m. are processed that same day. “Today” Transfers submitted after 8:00 p.m. are processed the next day. “Today” Transfers are reflected in the available balance of the affected account(s) online and at ATMs within 5 to 10 minutes of submission. In order for “Today” transferred funds to be available to pay items that are processed against my account overnight, I must enter the transfer before the 8:00 p.m. cut-off time. I must have sufficient funds available in my account at the time the Transfer is processed or the Transfer will fail. I cannot cancel “Today” Transfers once I have ended a Commercial Bank Online Services session.
  • "Future" -  If I designate a Transfer as a “Future” transaction, I may request that the transaction be made on a future date that I may designate in advance of the Transfer due date. The Transfer processing date will be the Transfer due date. I must have funds available in my account by 8:00 pm on the Transfer processing date for the Transfer to occur. I can cancel or change “Future” transactions until midnight of the business day preceding the Transfer processing date.
  • "Recurring"-   If I designate a Transfer as a “Recurring” transaction, I will request and the Bank will use a Transfer due date that recurs on a specified regular basis (i.e. weekly, biweekly, monthly, etc). I will designate a “Start” date and can designate an “End” date. Once I have submitted a “Recurring” transaction, the Bank will continue to process the recurring transaction until I cancel it. I may cancel or change “Recurring” transactions until midnight of the business day preceding the Transfer processing date.

Bill Payments

Bill Payments (“Payment”) can be entered as one time payments or as recurring transactions.  One time payments can be processed immediately or scheduled for a future date. Recurring payments can be scheduled to repeat monthly, twice a month, yearly or more as allowed by the client software.
I may cancel or change one time or recurring transactions until midnight of the business day preceding the Payment processing date.
Payments I make are processed in one of two ways:

  • Electronic Transmission – If possible, payments are made by electronic transmission. These payments are generally received and credited by my payee within three to four (3 to 4 ) business days.
  • Bank Check – All other payments are made with a bank check to my payee. Payments made with a check are generally received and credited by my Payee within four to five (4 to 5 ) business days.
    I understand the Bank cannot guarantee that a payee will always accept electronic payments and payments to a payee might change from one processing type to the other.
    Payments I make will be scheduled in one of two ways, at the discretion of our Bill Pay provider, CheckFree. When submitting a Bill Payment I will provide, at my discretion, either a Payment due date or a Payment processing date for the transaction.
  • Due Date – If I enter a Payment due date, this date is the date the Bill is due to the payee. The system will then calculate the Payment processing date. Typically, the Payment processing date is four (4) business days PRIOR to the due date. This is to ensure my Payment reaches the payee in time.

I recognize The Commercial Bank cannot guarantee that the Payment will be received and processed by the due date as Commercial Bank has no control over the postal service and payee processing practices. Additionally, some payees, such as credit card and mortgage companies, use a different address for processing Payments received without the original Payment coupon. As a result, I may need to adjust my Payment due date and/or payee address to allow for an earlier Payment delivery and more processing time.

  • Processing Date - The Payment processing date is the date the funds are withdrawn from my account in order to process the Payment and the Payment is sent. I cannot select today, a weekend day, or a Federal bank holiday as a Payment processing date. I recognize that it still might take 4 or more business days for my payee to receive the Payment and credit my account. Additionally, some payees such as credit card and mortgage companies use a different address for processing Payments received without the original Payment coupon. As a result, I may need to adjust my Payment processing date and/or payee address to allow for more processing time. Process Date is a valid option for the web only.

    I must have sufficient funds available in my account on the processing date. If not, the payment will fail and I might incur an insufficient funds fee.
  • Loan Payments - Loan Payment Requests can occur at one of two different times: today or a future date. When submitting a Loan Payment Request (a future-date transaction), I will provide a payment date for the Loan Payment Request. I cannot select weekends or bank holidays as a payment date.

    The payment date is the date the funds are withdrawn from my deposit account in order to process the Loan Payment Request. I must have funds available in my account at the start of business on the day the loan payment is processed (the payment date).

K. Transactions - General Information

Bill Payments

  • Account Designation and Payees - Bill Payments I make through Commercial Bank Online Services will be deducted from my designated checking account provided it is authorized for online access. Any payee I wish to pay through Commercial Bank Online Services must be located in the United States and the Payment must be payable in U.S. Dollars. I am responsible for ensuring that payee information is correct and for submitting any payee changes.

    I may not use Commercial Bank Online Services to make Federal, state or local tax Payments, court-ordered Payments, foreign Payments, or any other category of Payments that you may establish.
  • Processing Liability - I must allow sufficient time for Commercial Banks online services to process my request and submit the Bill Payment to the payee. If I do not allow sufficient time, I will assume full responsibility for all late fees, finance charges, or other actions taken or imposed by the payee. If I schedule my Bill Payment with sufficient time, and the Bill Payment was not received by the payee, or was received late, the Bank may assume responsibility subject to certain limitations.

    The Bank is responsible only for exercising ordinary care in making Payments upon my authorization to the designated payee. The Bank is not liable in any way for damages I incur if I do not have sufficient available funds in my account to make the Bill Payment on the Payment processing date, if the estimate of time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the Bill Payment in a timely manner, or for any other circumstances beyond the control of The Commercial Bank.

IntraBank Transfers

  • Account Designation. Through Commercial Bank Online Services, I can Transfer funds electronically between any of my savings or checking accounts at the Bank that have been activated for online access under the same User ID. I must be an authorized signer on these accounts.
  • Funds Availability. Unless otherwise indicated in this Disclosure, Online Transfers are subject to the same terms and conditions outlined in the Deposit Agreement and disclosures I received when I opened my account(s).

    I can Transfer only amounts equal to the available balance in my accounts. If my account does not have sufficient funds to complete the Transfer on the Transfer processing date, the Transfer may not be completed.

    If the Bank, in its sole discretion, makes the Transfer as an accommodation to me, I am responsible for any overdraft that is created.

Loan Payment Requests

  • Account Designation. Through Commercial Bank Online Services, I can access information about my consumer loans. I must be a direct borrower on the loan account. Online Loan Payments are made by debiting funds from any linked Demand Deposit Account and crediting my loan account.
  • Payment Processing. Requesting a Loan Payment does not constitute application of payment. For my convenience the status of my payment request will be available online after processing.

    If the deposit account that I request to pay from does not have sufficient funds on the payment date, the Loan Payment Request will not be processed and I will receive notification from the bank. The loan account may incur late fees and other penalties if payment is not made on time.

L. Electronic Statement Notification

The following provisions constitute an amendment to the Deposit Agreement Terms and Conditions (the "Terms") of The Commercial Bank concerning electronic delivery of statement notifications and notices concerning accounts, including time deposits, maintained by me. To the extent there is any conflict between any statement made in this Disclosure and the Terms, this Disclosure shall control.

  • Election and Authorization for Electronic Notification Delivery. By agreeing to the Online Banking Services Application, I elect and authorize you, after obtaining customer consent, to electronically deliver my account statement notification and notices that you are required to provide to me under applicable Federal and State statutes and their implementing regulations, as amended from time to time, including, but not limited to the following: 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 and the Consumer Leasing Act.

    Customers electing to maintain paper delivery of their account statements will be assessed a charge of $4 per statement per cycle.  
  • Statement Access - Statements for all deposit accounts accessible through online banking will be available through the “Statements” portal within The Commercial Bank Online Service.  The only additional requirement for viewing, printing, emailing and archiving statements is an updated version of Adobe Acrobat Reader.  Paper statements are also available for $2/ per cycle needed.   

    Additional statement request options
    1. Visit any branch in person.
    2. Request a statement through Secure Messaging Services within the online environment.
    3. Call 706-743-8184 and speak to a Customer Service Representative
  • E-Mail Address - E-statement notifications will be delivered to the most current e-mail address I have provided to the Bank. I may change my e-mail delivery address by notifying a Commercial Bank Customer Service Representative at any time. Changing my e-mail address will affect all future e-statements delivered to me. I agree that my failure to provide the Bank with an accurate e-mail address is the lack of ordinary care on my part.

    If I have a “multiple-party account” as defined in the Terms, my e-mail address may be changed using the procedure described above by any authorized party to my 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.
  • Opting out of E-Statements - The Commercial Bank encourages all Online Banking customers receive their account statements electronically.  Opting out of this agreement with the intent to maintain online services will reactivate your paper statement delivery and cost you $4.00 per statement per month.  There is no fee for opting out of Online Services.  Please refer to Section X of this agreement for Opt-Out Instructions.  
  • Prompt Review Of E-Statements - For purposes of disputes, the statement date will be considered the date that the e-mail statement notification is sent (the “E-mail Date”).

    I must review my e-statement and any accompanying items with "reasonable promptness" and notify you of any unauthorized signatures or alteration regardless of when I receive and/or open the e-statement.

    For EFT errors, I must notify the Bank no later than 60 days after the E-mail Date. For all other statement errors, I must notify the Bank within 15 days of the E-mail Date 
  • Retention of Statements - The Commercial Bank will maintain the availability of all demand deposit account statements within the online environment for no less than 90 days.  

M. Stop Payments

At my request and risk, I can submit stop payment requests for a single check or a range of checks. Online stop payments for ACH transactions, ATM/Debit transactions and online bill payments are not valid. My log on is the same as giving written permission to order an online stop payment and the stop payment order is effective for 180 days (six months).

Although stop payment items are “on-us” items that are processed seven days a week, The Bank requires a full day to process online requests. I must contact the Bank to cancel or modify a stop payment request. If the check has already been paid, the request will be denied and will display on the web site with a status of Check Paid.

I acknowledge that all information I provide to the Bank must be correct and if I provide incorrect information, even if the information is a close approximation, the Bank is not liable for payment of the check. I agree to hold the Bank harmless for the amount of any check on which I have requested a stop payment and to indemnify the Bank against any loss, expense, or cost incurred by reason of the Bank’s refusal to pay such check or debit. If a stop payment is placed on a range of checks, I understand the Bank requires that I close my account and open a new account to protect against fraud. The Bank assumes no liability if an account has been compromised.
If I place a stop payment request, I agree to pay a fee for each stop payment request in the amount set forth in the Bank’s schedule of fees.

N. Stopping or Modifying Commercial Bank Online Services Authorized Payments

If I am unable to cancel or change a Bill Payment or Transfer under the circumstances described above, I may nonetheless be able to cancel or change the transaction by contacting Commercial Bank by phone at 706-743-8184. In order for the cancellation to be effective, however, the Bank may require that I put my request in writing within 24 hours of my verbal notification.

O. Authorization to Charge Accounts

I am responsible for all Transfers or Bill Payments I, or an authorized representative, submit using Commercial Bank Online Services.

I authorize you to charge my designated account(s) for any transactions accomplished through the use of Commercial Bank Online Services. I agree that you may comply with instructions entered by any one person using an authorized User ID and password notwithstanding any provision that may be contained in any other account documentation purporting to require more than one signature to withdraw funds from the account. If I permit another person to use Commercial Bank Online Services or give them my User ID and password, I am responsible for the transactions that person submits involving the deposit account(s) even if that person exceeds my authorization.

I authorize you to process Bill Payments and Transfers according to my instructions whether oral, in writing, or through Commercial Bank Online Services. I authorize you to initiate any correcting entry in order to correct any mistaken entry. I understand that if a Bill Payment or Transfer request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number even if it identifies a person different from the named beneficiary. My obligation to pay the amount of the Bill Payment or Transfer to the Bank is not excused in such circumstances.

P. Fees

Service Fees

The Commercial Bank reserves the right to change the charges, fees or other terms described in this Disclosure. When changes are made to any fees, charges, or other material terms, The Commercial Bank will update this Disclosure and will either send a notice to my physical address on their record or to my e-mail account 30 days prior to assessment of the fee. As always, I may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these charges relate. The Bank also reserves the option, in its business judgment, to waive, reduce or reverse charges or fees in individual situations. Changes to fees applicable to specific accounts are governed by the applicable Deposit Account Disclosure.

  • Monthly Service Fee - The Commercial Bank currently does not charge a fee for Online Services. However, the Bank reserves the right to change this policy at any time as long as I am given sufficient notice as to the new charges.
  • Transaction Fees - If the deposit account from which the Bill Payment or Transfer is made incurs per-item fees for excess debit transactions pursuant to the terms of my Deposit Agreement, a fee will be charged for each Bill Payment or Transfer in excess of the specified limit. The transaction fee may not apply to other accounts. The amount of this fee is set forth in the disclosures I received when I set up the account.

Applicable to All Fees and Charges

If I do not have sufficient available funds in my account on the date the fee or charge is payable, I authorize you to automatically deduct the payment from my account as soon as funds are available.

Q. Changing My Password

If I would like to change my online services password, I can do so by logging into The Commercial Bank web site (www.thecommercialbank.net). I can change either password as often as I like. You will require me to change my online services password the first time I log into Commercial Bank Online Services

If I have a “multiple-party account” as defined in the Terms, my password may be changed using the procedures described above by any authorized party to my account. The Bank shall have no obligation or liability to any of the parties to a multiple-party account if any password is changed using the procedures set forth above.

I agree that The Commercial Bank has no control as to the persons who have access to my personal computer and my password once they are in my possession. The Commercial Bank will not be liable for any unauthorized access to my personal computer using my password. I agree that it is my responsibility to initiate and maintain adequate procedures to prevent any unauthorized access to my personal computer or unauthorized use of my passwords.

R. Online Account Inactivity

The Commercial Bank reserves the right to deactivate online accounts that have been inactive for a period of 3 months (90 days).  

S. Limitation of Liability

Unless otherwise required by law or stated elsewhere in this Disclosure, I agree that The Commercial Bank is not liable for any loss, damage or injury, whether direct, indirect, special, incidental, or consequential caused (i) by any negligent act of The Commercial Bank, (ii) related in any way to my use of Commercial Bank Online Services, (iii) arising out of the installation, use or maintenance of the software, (iv) resulting from a failure or delay in the delivery or processing of any Bill Payment, or (v) arising as a result of any defect, virus, or malfunction of my personal computer, software, modem or telephone line.

Notwithstanding any provision to the contrary contained in this Disclosure, The Commercial Bank shall be responsible only for performing the online banking services as expressly provided for in this Disclosure.

The Commercial Bank shall be liable only for material losses, which are the direct result of your own gross negligence or intentional misconduct in performing these online banking services. The Commercial Bank shall have no liability for failure to perform any online banking services or for any disruption or delay in performing online banking services in the event such failure, disruption or delay is due to circumstances beyond your reasonable control, including, but not limited to, failure or disruption of electric power, computer equipment, telecommunications systems, my Internet Service Provider, or weather conditions. The Commercial Bank shall have no liability for any consequential, special, incidental, punitive or indirect damages or loss under any circumstances.

Except to the extent that you are liable under this agreement, I agree to indemnify and hold the Bank and its 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 online banking services. I agree that this indemnification shall survive the termination of this agreement.

T. Liability for Unauthorized Use

The rules for liability in the event of unauthorized use of my accounts at the Bank are outlined specifically in the Electronic Funds Transfer disclosure that I received when I opened my account with the Bank. These same rules apply for unauthorized use of Commercial Bank Online Services as well.

If I believe my e-statement is lost, my online services User ID and Password is lost or that someone has obtained access to either without my permission, I will call you at 706-743-8184 or email you at operations@thecommercialbank.net.  

U. Liability for Failure to Make Payments or Transfers

If you do not send a Bill Payment or make a Transfer on time or in the correct amount according to my instructions given in accordance with this Disclosure, you may be liable for damages as provided by this Disclosure and other law. However, there are some exceptions. You will not be liable, for instance, if:

  • Through no fault of yours, my account does not contain sufficient available funds to make the Bill Payment or Transfer.
  • The Bill Payment or Transfer would go over the credit limit on my overdraft line of credit.
  • The equipment, network, phone lines or computer systems were not working properly or were temporarily unavailable.
  • Circumstances beyond your scope of control, such as fire or flood, prevented the Bill Payment or Transfer despite reasonable precautions that you have taken.
  • A court order or legal process prevents you from making a Transfer or Bill Payment.
  • I have previously reported my password lost or stolen, or you have a reasonable basis for believing that unauthorized use of my password has occurred or may be occurring
  • The payee does not process a Bill Payment correctly or in a timely manner.
  • I default under any agreement with you or if you or I terminate this Agreement.

In no event shall The Commercial Bank be liable for damages in excess of my actual loss due to the Bank’s failure to complete a Bill Payment or Transfer and the Bank is not liable for any incidental or consequential damages.

If any of the circumstances listed in subparagraph 3) or 4) shall occur, you shall assist me with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct transactions that have been processed incorrectly.

V. Disclaimer of Warranty

The Commercial Bank makes no warranties of any kind with respect to any software programs I use to access any online services.  The Commercial Bank does not warrant that the software program or that e-statements services will meet my specific requirements. You make no warranties of any kind, whether express or implied, with respect to the use and adequacy of the software programs or the online services you provide under this agreement. You disclaim any and all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

W. Other Conditions

Terminate Agreement

The Bank reserves the right to terminate my Online Banking Services Application and my access to Commercial Bank Online Services privileges, in whole or in part, at any time for any reason.

If an account, which I access through Commercial Bank Online Services, is closed, the Online Banking Services Application may terminate.

If, for any reason, I decide to cancel Commercial Bank Online Services, the Bank strongly suggests that I cancel all future bill payments before canceling my service, either by deleting the payments myself or by contacting the Bank at 706-743-8184. This ensures that all future payments and transfers will not be duplicated. The Bank will continue to maintain my accounts until I notify them otherwise.

Assignment

The Commercial Bank may assign this Disclosure to its parent corporation or to any now-existing or future direct or indirect subsidiary of the parent corporation. The Commercial Bank may also assign or delegate certain of its rights and responsibilities under this Disclosure to independent contractors or other third parties.

X. Governing Law/Jurisdiction/Severability

This Disclosure shall be governed by and interpreted in accordance with the laws of the State of Georgia and any applicable Federal laws and regulations. I irrevocably submit to the jurisdiction of any Federal or State court sitting in the State of Georgia for any action that I bring and agree that, in any action brought under this Disclosure, venue shall be placed in Oglethorpe County. A determination that any part of this Disclosure is invalid or unenforceable will not affect the remainder of this Disclosure.

Y. Termination of Consent.

To terminate this Agreement, you must notify the Bank and provide your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). When Bill Payment is terminated, any prescheduled bill payments made through Online Banking will also be terminated. There is no fee charged for termination of Online Services. You may notify the Bank by one of the following methods:

By sending an e-mail to: operations@thecommercialbank.net

By calling (706) 743-8184