Register for Online Mortgage Access

These terms and conditions, as amended from time to time as described herein, constitute the agreement between you and Arvest Bank (the “Agreement”) that governs your use of the account access, services, products and features (collectively, the “Service” or “Services”) offered by us from time to time through the Internet at www.arvestmortgage.com or www.arvest.com. To use the Service to gain access to a deposit, mortgage loan or other eligible account you have with us an “Account”) and utilize the Services, you must complete an enrollment process, which includes establishing a user name (the “Login ID”) and password, and linking your Account(s) to the Service. You agree that you will remain subject to the terms and conditions of all your existing applicable agreements with us, such as agreements related to a mortgage loan (mortgage, deed of trust, any promissory note signed by you and other agreements evidencing or securing our mortgage loan to you), any deposit or other account you have with us or any service provided by us to you. When you link and access an account through the Service, you do not change the agreements you already have with us for that account. If there is a conflict between any other agreement you have with us and this Agreement, the terms and conditions of this Agreement will govern your use of the Service. You should review your other agreements with us for any applicable fees, limitations or restrictions that might affect your use of the Service.

1. GENERAL

   1. Definitions

      “We,” “our,” and “us” refer to Arvest Bank and its affiliates. “You” and “your” refer to each and every owner of an Account and all others authorized to access the Account. “Payment Instruction” refers to the information provided by you either previously through another service of ours or through the Service as a means of instructing us, for a fee, to make an online payment to an Account from your checking, savings or other account with us or another financial institution (the “Payment Account”). “Business Day” means any of our business days which are Monday through Friday, excluding certain Federal and State legal holidays observed by us. “Website” means our websites located at www.arvestmortgage.com or www.arvest.com through which you can access the Service using your Login ID and password.

   2. Joint Accounts

      When the Service is linked to either a joint Account or to an Account relating to a mortgage loan for which more than one person is obligated to repay, we may act on verbal, written or electronic instructions of any authorized signer or responsible/authorized person, and any such instructions will bind all those with access to the Account or all obligors on the mortgage loan, as applicable.

   3. Acceptance and Termination

      By clicking “I Agree” when you enroll in the Service, or by using the Services, you agree to be bound by the terms and conditions of this Agreement, which will be governed by and interpreted in accordance with applicable Federal laws and regulations and, to the extent there are no applicable Federal laws or regulations, by the laws of the State of Arkansas. We reserve the right to modify the scope of the Services at any time and to refuse to follow any Payment Instruction or make any other transaction you request through the Service. We may terminate your access to the Service without prior notice if you do not access your Account or provide us with a Payment Instruction via the Service during any six (6) month period. Additionally, we reserve the right to terminate, in whole or in part, this Agreement and/or your access to the Service at any time without prior notice.

   1. PROTECTING YOUR ACCOUNT

      1. Notification of Unauthorized Access or Transactions

         You agree to notify us at once if you believe an unauthorized person may have obtained your Login ID or password or may have accessed your Account. Any payment made to your Account pursuant to a Payment Instruction will be reflected online through the Service. You agree to carefully and regularly review your payment and/or other account information reflected at the Service and to notify us if you suspect any suspicious, unauthorized, or other fraudulent activity relating to your Account. To notify us, please use the contact information provided at the “Contact Us” link on our Website.

         Refer to your other agreements you may have with us for liability limits and complete disclosures. Depending on the type of your Account, these other agreements and disclosures may include your Deposit Account Agreement, Electronic Funds Transfer Disclosure, Funds Availability Disclosure, Truth-In-Savings Disclosure and/or Schedule of Fees and Charges.

      2. Preventing Misuse

         You agree to use the Service carefully, to keep your Login ID and password confidential and secure and not share them with others. You should change your password regularly. It is recommended that you memorize your password and do not write it down. You agree to access the Service only from computers, devices, networks, and with software which you have reasonable assurance are secure and free from malicious software which could compromise your Login ID, password, and other confidential information available through the Service. For your protection, you should sign off after every online session and close your Web browser to ensure confidentiality. When you give someone your Login ID and password, you are authorizing that person to use the Service and to thereby access your Account, and you are responsible for all transactions performed by that person, even those that you did not intend. You are also responsible for transactions that you, or someone acting with you, initiate with fraudulent intent.

      3. Account Ownership/Accurate Information

         You represent that you are the legal owner of the Account, an obligor on the mortgage loan relating to the Account or otherwise have permission to access the Account and/or other financial information that may be accessed through use of the Service. You represent and agree that all information you provide to us in connection with the Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Service. You agree not to misrepresent your identity or your Account information. You agree to keep all of your Account information up-to-date and accurate and to notify us immediately of any change in your mailing address, email address, phone number or other particulars relevant to your Account(s) and this Agreement. Please notify us of these changes using the contact information found on our Website by clicking “Contact Us.” You can also update your email address by logging into the Service and clicking first on “Update Profile” and then following the instructions to complete the update. You represent that you are an authorized user of the computer, device, network, and software you will use to access the Service and use any of the Services.

      4. User Conduct

         You agree not to use the Services or the content or information delivered through the Service in any way that would: (1) have the affect or appearance of conducting or attempting to conduct penetration tests, vulnerability scans, or other assessments of the configuration, security posture, or performance characteristics of the Service, our networks or computers; (2) be fraudulent, false, misleading or inaccurate, including, without limitation, use of the Services to impersonate another person; (3) violate any law, statute, ordinance or regulation; (4) create liability for us or our service providers, or cause us to lose, in whole or in part, the Services of any of our service providers; (5) be defamatory, trade libelous or unlawfully threatening or harassing; (6) potentially be perceived as illegal, offensive or objectionable; (7) interfere with or disrupt computer networks connected to the Service; (8) alter, interfere with or disrupt the Service or use of the Services by any other user; (9) gain or attempt to gain unauthorized entry or access to the Service or the computer systems of others; or (10) infringe any third party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

   2. ACCESSING the Service

      1. Requirements

         To access your Account through the Service, you must have an eligible Account with us and an established email address, and you must complete the initial online enrollment process. In addition, you must have current secure Web browser software as we may require from time to time.

      2. Electronic Mail

         You may use email to ask general questions and to provide us feedback. However, you agree not to use email to initiate transactions on or changes to your Account or to communicate or inquire about non-public information about your Account, such as your account number, balance, transactions or Payment Instruction.

      3. Fees

         Although we currently do not charge you a fee to access your Account through the Service, we reserve the right to charge a fee at any time in accordance with the terms of this Agreement. Other fees, as described in the applicable product or account disclosure statement or fee schedule, may apply to Services accessed or ordered through the Service and to online payments from your Payment Account. You agree and understand that, to access the Service, you may be subject to fees assessed by your telephone company, mobile telephone service provider, or provider of Internet services.

   3. ONLINE MORTGAGE LOAN PAYMENTS

      1. Fees and Limits

         By using the Service, you may make an online payment from your Payment Account to an Account relating to a mortgage loan we made to you. We will charge an Online Processing Fee from your Payment Account through the Service in accordance with our fee schedule. Online payments to your Account are subject to a minimum of the current amount due on your mortgage loan and a maximum of $30,000.00 per transaction. The financial institution that governs your Payment Account may charge you certain other fees for debit entries from your Payment Account as described in any disclosure statements applicable thereto. You should review all such applicable disclosure statements.

      2. Cut-Off Times

         Once you have completed the enrollment process and gained accessed to your Account, you may initiate an online payment via a Payment Instruction up to 4:00 p.m. Central Time on a Business Day for same day credit. If such Payment Instruction is initiated after 4:00 p.m. Central Time on a Business Day, or anytime on a non-Business Day, such payment will be posted to your Account no later than the next Business Day. We will provide a tracking number for each online payment initiated pursuant to a Payment Instruction that you can view online when you access your Account through the Service.

      3. Debit/Credit Entries to Payment Account

         When you enroll for access to the Service, you acknowledge and understand that you are authorizing us to initiate debit entries against your Payment Account. You are also authorizing us to initiate, if necessary, credit entries to your Payment Account to adjust any debit entries made in error. You shall execute and deliver such documents and take such actions as may be required to enable us to initiate such entries to or against your Payment Account.

      4. Insufficient/Overdraft Funds

         A Payment Instruction initiated through the Service may result in an overdraft of your Payment Account and, at our discretion, may be canceled. You may be charged non-sufficient funds fees and/or overdraft fees applicable to your Payment Account. If a debit entry from your Payment Account is returned for non-sufficient funds, you agree that we may resubmit the debit entry for payment up to two additional times every two Business Days, and you agree to pay an additional non-sufficient funds charge in accordance with our fee schedule.

   4. ADDITIONAL PROVISIONS

      1. Errors

         Please notify us of any errors on the Service or involving your Account using the contact information found on our Website by clicking on “Contact Us.”

      2. Liability and Limitations

         The availability, timeliness and proper functioning of the Service depends on many factors, including, without limitation, your computer equipment, devices and network, your telephone company, mobile telephone service provider, or Internet service provider, and the Internet. Neither we nor any of our service providers warrant that the Service will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of the Service, or for any actions taken in reliance thereon, for any reason, including, without limitation, service interruptions, inaccuracies, delays, loss of data, or loss of personalized settings.

         Neither we nor our service providers are liable for failures to perform our obligations under this Agreement resulting from fire, earthquake, flood or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond our control.

         THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS.

      3. Indemnification

         Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless us and our service providers from any and all third party claims, liability, damages, expenses and costs, including, without limitation, reasonable attorneys’ fees, caused by or arising from your use of the Services, your violation of the terms and conditions of this Agreement or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

      4. Changes to the Service, Fees or Terms

         We may, from time to time, change the Service or offer and introduce new products, services or features as a part of the Service. In addition, we reserve the right to change the fees, conditions or other terms of this Agreement at any time. When changes are made, we will notify you online, or we will send you either a notice at the mailing address shown on our records or an electronic mail message to the default email address you provided and which is shown on the “Update Profile” tab in the Service. We will send you advanced notice of the effective date of any change that will result in (a) increased fees or liability to you, (b) fewer types of available electronic fund transfers, or (c) stricter limitations on the dollar amount of transactions. We may also send you advanced notice of other changes, unless an immediate change is necessary to maintain the security of the Service. If such an immediate change is made, and it can be disclosed without jeopardizing the security of the system, we will promptly provide you with written, online or electronic notice after the change. The terms and conditions described in any amendment or change to this Agreement will govern your use of the Services and, unless otherwise provided, will supersede any and all other agreements between us relating to the subject matter hereof. You are accepting the changes by continuing to use the Services. If you wish to decline the changes, you must notify us of your intent to cancel using the contact information provided at the ”Contact Us” link on our Website. We may, however, require that you click “I Agree” with respect to any amendment or change to the Agreement before accessing the Service and using the Services. If clicking “I Agree” is required, your failure to do so will immediately terminate your right to access the Service and prohibit your use of any of the Services.

      5. Non-Personal Account Holders

         You may be protected by certain liability limitations when you use the Service to access an Account that was established primarily for personal, family, or household purposes. However, if you access an Account established for other purposes (i.e. for business) (a “Non-Personal Account”), you are not entitled to these protections. Accordingly, the loss, theft or unauthorized use of your Login ID and password could cause you to lose all of the money in your Account, plus any amount available under your overdraft protection credit line, or could result in unauthorized disclosure of nonpublic personal information about your Account. Your use of the Service to access a Non-Personal Account is your agreement to assume all such risks of loss or disclosure. You also assume all risks and losses associated with the disclosure of your Login ID and password to your employees or other persons. You agree to limit disclosure of your Login ID and password to those employees and other persons you authorize to access and use the Service. We will have no liability to you for any unauthorized transaction made using your Login ID and password that occurs before you have notified us of a possible unauthorized use and we have had a reasonable opportunity to act on your notice.

      6. No Commercial Use

         You agree that the Service is only for the personal use of individuals authorized to access your account information. You agree not to make any commercial use of the Service or resell, lease, rent or distribute access to the Service.

      7. Privacy

         We have a commitment to keeping information about you secure and confidential. For more information about our privacy and security practices, you can review our Private Policy and Notice at www.arvest.com/privacy.

      8. Links to External Websites

         Clicking on certain links within our Website may take you into other websites or material not under our control. We are not responsible for the contents of any such linked website or any link contained within a linked website, or any changes or updates to such links or external websites. Content owned by third parties is protected by copyrights of such third parties and is subject to the terms of use and such other conditions as may be established by third party providers of content from time to time. We are not responsible for web casting, the placement of “cookies” by, or any other form of transmission received from, any linked website. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the security, privacy policies or products provided by or accessible through the linked website.